HomeMy WebLinkAbout95-06459
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BOWARD POTTEIGER,
Pla int if f
IN THE COURT OF COMMON I?LEAS OF
CUMaEI~LAND COUNTY, PBNNOYL'/ANIA
and
BOWARD AND ANQBLA PO~rEIQER,
Natural Parente of ALYSSA M,
and JOSHUA R. PO'l'TE IOBR,
P.laintHfs
NO, tIS' - c, Lf 5"1 d.~ 1L\'~-
VS,
HOWARD STUCK,
Defendant
ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUBD IN COURT. If you wish to defend againet the
claims set fort;h in the follol'ling pagee, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney llnd
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
eo the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKB THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORl) ONE, GO TO OR TBLEPHONE 'rHE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR
FOURTH Ft,OOR
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013-3387
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas eiguintes,
usted tiene viente (20) dies de plaza al partir de la techa de la
demanda y la notificacion. Usted debe presentar una apariencia
elcrita 0 en persona 0 por abogado y archivar en 1a corte en torma
escri,ta llUS detensas 0 /IUS objeciones alas demandas en contra de
su persona, Sea aviaado que /Ii usted no /Ie detiende, 1a corte
tomera medidas y puede entrar una orden ~ontra usted sin previo
avi/lo 0 notiticacion y por eualquier quejn 0 a1ivio que e/l pedido
en 1a petie ion de demanda. Usted puede perder dinero 0 sus
propiedade/l 0 otros derec~os importantes para u/lted.
LLBVB BSTA OBMANDA A UN ABOGADO 1MMBD1ATAMBNTE, 81 NO T1BNS
ABOOAOO 0 SI NO TIBNE BL OINERO SUFIC1EN1'E DE PA(JAR TAl, SERVT.CIO,
VAYA BN PBRSONA Q LLAME POR TEI,SFONO A LA OF1CINA CUYA DIRBCC10N SB
ENCUBNTRA BSCRITA ABAJO PARA AVERIGUI\R DONDE SIf, PUBDE CONSEGUIR
ASISTBNCIA LBGAL.
COURT I\DMINIS'rRA'rOR
FOURTH FLOOR
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013.3387
(717) 240-6200
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BDWARD POT1'BIGBR,
Plaintiff
IN THB COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY / PENNSYLVANIA
and
BOWARD AND ANGELA POTTBIGBR,
Natural parents of ALYSSA M. NO.
and JOSHUA R, POTTEIGBR,
Plaintif.fs
vs.
HOWARD STUCK /
Defendant
ACTION . LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Edward Potteiger is an adult individual
residing at 1606 Letchworth Road, Camp Hill, Cumberland County,
Pennsylvania 17011,
2, Plaintiffs F.:dward Potteiger and Angela Potteiger are
husband and wife residing at 1606 Letchworth Road, Camp Hill,
Cumberland County, Pennsylvania
17011 and are the parents of
Alyssa M, potteiger, born March 3, 1993, and Joshua R. Potteiger,
born August 14, 1994 with whom they reside,
3. Defendant Howard Stuck is an adult individual residing at
894 Woodbury Road, York, York County, Pennsylvania,
4, On May 28, 1995, at approximately 4:35 P.M., Plaintiff
Edward potteiger was operating a 1990 Chevrolet in Bast pennsboro
Township, Cumberland County, Pennsylvania.
5, Plaintiff Edward Potteiger'S two children, Alyssa M. and
Joshua R, Potteiger, were riding as passengers, Joshua being in the
1
back left seat and Alyssa being in the back right seat. aoth were
wearing safety restraints.
6, Said vehicle was being driven in a Boutherly direction on
S,R, 15 approaching the exit to S.R. 581.
7, At said date and time Defendant wall driving a 1992
Oldsmobile in a southerly direction on S.R. 15.
8, At said date and time the Plaintiff was in the Bouthbound
right lane on S.R, 15 behind the Defendant.
9. As the Plaintiff approached the ramp to S,R. 581 the
Defendant went into the left lane and slowed down.
10, The Plaintif t slowed down as well, at which time the
Defendant increased his speed and moved across from the left lane
into the path of the Plaintiff who was travelling southbound in the
right hand lane.
11. The Defendant's vehicle r.:ollided with the Plaintiff I S
vehicle hitting the driver side of. the car and pushing the
Plaintiff's car off of the road and into a road sign.
12. Said negligent acts of the Defendant caused said
collision which resulted in injuries to Plaintiff and Plaintiff's
two minor children, namely, Alyssa M. and Joshua R. potteiger.
13, At the time of said accident, the negligence of the
Defendant consisted of the following:
a) Driving too fast for conditionsl
b) Speeding;
2
0) Dd ving from the left hand lane into the right hand
I
~: I lane I
,
,
t,1) rail in9 to keep a careful and dili.gent watoh on the
roadwayr
e) railing to slow or to bring hill vehicle to a stop so
as to avoid the impact with the Plaintiff I s vehicler
f) railing to maintain his vehicle under proper and
adequate control at the timer
g) operating his automobile without due regard for the
rights, safety, well-being, and position of plain-
tiffs under the aforesaid circumstancesr and
h) Failing to use his turn signalsr
i) Such other acts of negligence, carelessness Iilnd
recklessness as may be determined thr.ough the
process of discovery and at trial,
COUNT I
BDWARD POTTEIGER v, HOWARD STUCK
Negligence
14. Paragraphs 1 through 13 of this Complaint are incorpor-
ated herein by reference as if set forth at length.
15. Due to the negligence of the Defendant, as aforesaid,
Plaintiff suffered the following injuries, which were and are
3
..dou. t
a) Neok sprain,
b) Shoulder sprain I
0) Lcw baok sprain I
d) Muscl" strain in the lower backr and
e) Muscle sprain of the lower back.
16. All of the aforesaid injuries were caused solely by the
Defendant, acting and failing to act, as aforesaid, and were in no
way caused by any' act, or failure to act, on the part of plaintiff,
17 . As a further resul t of the conduct of Defendant, as
aforesaid, Plaintiff has Buffered medically determinable physical
impairn~nts which have prevented him, and continues to prevent him,
from performing all of the normal acts and duties which constitute
his usual and customary and daily activities.
18, As a further resul t of the conduct of the Defendant;,
plaintiff lost considerable work because of his injuries at his
usual employment at Christian publication.
19, As a further result of the conduct of the Defendant,
Plaintiff has incurred substantial medical expenses to treat his
injuries suffered in said accident and will contj,nue to incur
medical expenses for the treatment of said injuries, all due to
Defendant's negligence.
20, As a further result of the conduct of the Defendant,
4
Plaintiff haa experienced severe pain and SUffering, mental anguillh
and humiliation and, in the future, may continue to do so,
WHBRBPORB, Plaintiff demands judgment against Defendant i.n an
amount in excess of Twenty Thousand ($20,000) Dollan, plus
interest and costs,
CQUNT II
BOWARD AND ANGELA POTTBIGBR,
Natural Parents of ALYSSA M. POTTEIGER
21. Paragraphs 13 through 20 of this complaint are incorpor-
ated herein by reference as if set forth at length,
22, As a result of the conduct of Defendant I Alyssa M,
potteiger suffered and has suffered pain and suffering, mental
anguish ~nd humiliation, faar, and 1n the future, may continue to
do so.
23. All of the aforasaid injuries were caused solely by the
Defendant, acti.ng and failing to act, as aforesaid, and were in no
way caused by any act, or failure to act I on the part of Plaintiff,
WHEREFORE Plaintiffs demand judgment against Defendant in an
amount in excess of Twenty Thousand ($20,000) Dollars, plus
interest and costs,
5
COUN'J' II t
SOWARD AND ANGELA POTTEIGER,
Natural Parents ot JOSHUA R. POTTEIGER
24, Paragraphs 21 through 23 of this Complaint are incorpor-
ated herein by r.eference as if Bet forth at length.
25, AB a result of the conduct of Pefendant, JOBhua R,
Potteiger BuUered and has fluf fered pain amt Buf faring, mental
anguish and humiliation, fear, and in the future, may continue to
do eo,
26, All of the aforesaid injuries were caused solely bY the
Oetendant, acting and failing to act, as aforesaid, and were in no
way caueed by any act, or failure to act, on the part of Plaintiff.
WHERBFORE, Plaintiffs demand judgment against Defendant in an
amount in excess of Twenty Thousand ($20/000) Dollars, plue
interest and costs,
COUNT IV
NEGLIGENT INFLICTION OF EMOTIONAL DISTRBSS
27, Paragraphs 24 through 26 of thiB Complaint are incorpor-
ated herein by reference as if set forth at length,
28. AB a result of the conduct of the Defendant, Plaintiff
experienced substantial emotional distress, anguish, fear and
anxiety because his children who were injured aB Bet forth above
6
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SHERIFF'S RETURN - OUT OF COUNTY
CASE Nul 19ge-064e9 P
88Dn~VW~~L~tl"i~Rr~"~SYLVANIAI
i,'
~TT~IQER EDWARD ET AL
VB.
.
I2TUCK HOWARD
R. Thoma. Klin~ . Sheriff, who b~ing duly 8worn ac~crding
to law, .ay., that he made ~ diligent aearch and inquiry for the vithin
,i named defendant, to wit I STUCK HQWARD
but va. un.blll to 100ate __ Him
deputized the 8h~riff of YORK
to .erYe the within CO"PLAINT
in hie bailiwiok. He therefore
County, Penneylvania.
On Deoember 14th. 1995
the attached return from YORK
. thin offioe was in receipt of
County. Pennsylvania.
Sheriff'. CostBI
Dock..ting
Out of County
Surcharge
YORK COUNTY
18.00
9.00
2.00
16.00
So answey. I
,;<,.j..,;.____,h~
lr."'nio~8H iu: ;ne.
,",...-r;.:.,.;'
Sheriff
845.00 L. REX BICKLEY
12/14/1995
Swcrn and Bub8cribed to before me
thh ,k-!::. day of ~'n..t<. --'
19 q( A.D.
Ch'~ Qr~~~~'
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.
. I."I.OII.~'.''''''''''''' "..,.... .'. ,'.. ,'.." i.
In The Court or C.:'mmon Flac:s or C:.Jt',::':~"It'I=nd c.;.:lu:-t~.y, Pannsyl'lc:nla
Itdwllrd l'ot:telger Iwd ~~dwelr<l & Angelll "ol:leluer, Nlltllr1l1 I'llrl!nt:a of
AJYIIBII M. nnd .JOBhllll/s~l. Pottelger
Boward fltllck
~Ol
'I ') - (,4 5'J C 1 ~.!.l '1' Q rill
---.
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;.rClW, Novell1bl;lr 14.
199~ ~g_ I. S~':F 0'5' Cmr.Bz:iU.A.'ro COt.~'l"Y, PA.. ~Q
York
~W1rr 10 =.IlC :!:la W:!t,
h=-by cieru= rbo SbcJ4 al
t':Ls ~u=CDu btb{ ~ ill t3 r::jUCSt =i ~.Jk Clf :h= ~W::C5.
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ShIll'U! at ~u:::!llllU.lld C~W1t7. Plio
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'by \.,,"rfl..'g to
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:I.IId c:w:c lcl.owu :0 :he ..::cne:u:s t..~l:::':{.
So 1ImW='
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Cowu.,. P:a.
Sworu 0:1.1I11 Illl::sc::bed bc!Ol'tl
== :!:!s _ ~y af
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ccsrs
SD.V1CZ
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Sheriff's Office of York County
KENNITH L. MARKaL
. IlHUI"
IOWAI'D o. ROIERTS
IOUCITO"
loon .. SHEWELL
CHII' DI'UTY
'i.
.,~
YOIlK COUNTY COUIlT ItoUI.
YORK, PA. mOl
EDWARD I'01'rEIGER / E'1' All
.,
VS.
,
Ha-Il\llD STUCK
WALLIS W. RHItI.
"UL IlrArl DI'UTY
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IN 'l'HE COU~ OF ~ PLEI\S
CUMBERLAND C'OUN'l'V, PENNSYLVANIA
NO. 95-6459
I\FPIDAVIT OF SERVICE
I, Kenneth L. Markel/ Sheriff of the County of York, Commonwealth of
Penneylvania, after diligent search and inquiry as to the defendant,
Howard stuck, the w.lthin named defendant, do hereby return, C'OIlillaint,
NOr FOUND in !lork County, Defendant is deceased.
Sheriff's Cost $16.00
So Answers,
~~
SHERIPF
COUNTY OF YORK
SWorn and subscribed to
before me this 1st day
of December 1995
ultdIh It! IlL.
NOTARIAL SEAL
W.1II1 W. Rhine. NOIIIV Public
'I'orIl. VoIll County, Penn,vlv.nl.
Mv t:ommllllon IIopl,... Milch 25. 1 S99
IJDWJ\RD pO'r'l'JJ:lGl~H,
Pla.lntiff
IN 'l'IIL'l CO@'l' Ol!' COMMON l'I.,EI\S OF
CUMBlERLANP COUN'l'Y, l'llNNSU,yJ\NIA
and
EDWARD ANP ANGELA pOT1'BIG2R,
Natural Parents of ALYSSA M.
and JOSHUA R. pO'l"1'B IGER,
plaintiffs
NO. '1.s- - ~ IfS-? ~)..~ T~'vl.-/
vs.
HOWARD STUCK,
Defendant
ACTION - LAW
JURY '1'RIAL DBMANDED
t10'rIC6
YOU HAVB BEEN SUED IN COUR'1'. If you wish to defend against the
claims set forth in the following pages, you must take act.ioll
within twenty (20) days after this Complaint and Notice are served,
by entering a wdtte>n appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in th(~ Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or othet' rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU PO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI,EpHONE TilE
OFFICE SE'1' FOR'rH BEI.OW TO FIND OUT WHERE YOU CAN GET LBGAL HELl?
COURT ADMINISTRATOR
FOURTH FLOOR
1 COURTHOUSB SQUARB
CARLISLE, PENNSYLVANIA 17013-3387
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte, Si usted quiere
defenderse de estas demandas expuestas en las paginas siguintes,
usted tiene viente (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Usted debe preflentar una apariencia
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and ltIe aeal 01 said Col.Ir.t al Carlisle, P,il.
~,~~ ~t-~~li. Q'J(~lft~ 1~~.
.} ProthonotlllY
SOWARD pQ'rTE IGIER,
plaintiff
IN 'rillE CQUR'1' OF C()MMON Pl,EAS OF
CUMBERLAND COUN'l'Y, PENNSY1,vANIA
and
EDWARD AND ANGELA PO'l'TEIGER,
Natural parents of ALYSSA M. NO.
and JOSHUA R. PO'l'TBIGBR,
Plaintiff.s
vs.
HOWARD STUCK,
Defendant
ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Edward potteiger is Bn adult individual
residing at 1606 Letchworth Road, Camp lIill, Cumberland County,
Pennsylvania 17011.
2, plal,ntiffs I3dward potteiger and Angela potteiger are
husband and wife residing at 1606 Letchworth Road, Camp lIill,
Cumberland County, Pennsylvania
17011 and are the parents of
Alyssa M. potteiger, born March 3, 1993, and Joshua R, potteigor,
born August 14, 1994 with whom they reside,
3. Defendant Howard Stuck is an adult individual residing at
894 Woodbury Road, York, York County, Pennsylvania.
4. On May 28, 1995, at approximately 4:35 P.M" Plaintiff
Bdward potteiger was operating a 1.990 Chevrolet in Bast Pennshoro
Township, Cumberland County, Pennsylvania.
5. Plaint~ff Edward potteiger's two children, Alyssa M. and
Joshua R. potteiger, were riding as passengen, Joshua being in the
1
back. len seat and Alyssa being in the back right seat, Both were
wearing safety restraints.
6, Said vehicle was being driven in a southerly direction on
S.R, 15 approaching the exit to S.R. 581.
7. At said date and time Defendant was driving a 1992
Oldsmobile in a southerly direction on S.R. 15.
8. At said date and tJ'lle the Plaintiff was in the southbound
right lane on S,R. 15 behind the Defendant,
9, As the Plaintiff approached the ramp to S.R. 581 the
Defendallt went into the left lane and fllowed down.
10. 'I'hl!! plaintiff slowed down as well, at which time the
Defendant increased hi~ speed and moved across from the left lane
into the path of the plaintiff who was travelling southbound in the
right hand lane.
11. The Pefendant' s vehicle call ided with the plaintiff I S
vehicle hitting the driver side of the car and pushing the
plaintiff's car off of the road and into a road sign.
12. Said negligent acts of the Defendant caused said
collision which resulted in injuries to plaintiff and Plaintiff's
two minor children, namely, Alyssa M. and Joshua R. potteiger.
13. At the time of said accident, the negligence of the
Defendant consisted of the following:
a) DrivJ.ng too fast fOl- conditionSI
b) Speeding;
2
0) Driving ~rom the le~t hand lane into the right hand
lanel
d) Pailing to lteep a car('jful and dil igent watch on the
roadway I
e) Failing to slow or to bring his vehicle to a stop so
as to avoid the impact with the plaintiff's vehiclel
f) Pailing to muintain his vehicle under propel' and
adequate control at the time;
g) operating his automobile without due regard for the
rights, safety, well-being, and position of plain-
tiffs under the aforesaid circumstances; and
h) Failing to llse hJ.s turn signals;
i) Such other acts of negligence, carelessness and
recklessness as may be determined through the
process of discovery and at trial,
~OUNT I
EDWARD POTTEIGER v. HOWARD STUCK
Ne9ligence
14. Paragraphs 1 through 13 of this Complaint are incorpor-
ated herein by reference as if set forth at length.
15. Due to the negl igence of the pefendant, as aforesaid,
plaintiff suffered the following injuries, which were and are
3
Beri~ulll
a) Neck sprain,
b) Shoulder sprain,
c) Low back Bprainl
d) Muscle strain i.n the lower baolq and
e) Muscle sprain of the lower back.
16. All of the afor.esaid injuries were caused solely by the
Defendant, acting and failing to act, as aforesaid, and were in no
way caused by any act, or failure to act, on the part of plaintiff.
17. As a fur.ther result of the conduct of Defendant, as
aforesaid, plaintiff has lIuffered medically determinable physical
impairments which have prevented him, and conl;inues to prevent him,
from performing all of the normal acts and duties which constitute
hill ullual anll cllstomary and daily activities,
16. fIB a further result of the comiuct of the Defendant,
Plaintiff lost considerable work becauue of his injuries at his
usual employment at Christian publication.
19. AB a further resul t of the conduct of the Defendant I
Plaintiff has incurred substantial medical expenses to treat his
injuries Buffered in said accident and will continue to incur
medical expenses for the treatment of said injuries, all due to
Defendant' B negligence,
20. AB a further result of the conduct of the Defendant,
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Plaintiff has experienced oevere pain and BUffering, mental anguish
and humiliation and, in the future, may oontinue to do so.
WHBRBJ.l'ORB, Plaintiff demands judgment against Defendant in an
amount in excess of Twenty Thouesnd ($20,000) Dollars, plus
interest and costs.
COUNT I I
EDWARD AND ANGBLA POTTBIGBR,
Natural Parents of ALYSSA M. POTTBIGBR
21. Paragraphs 13 through 20 of this Complaint are incorpor-
ated herein by reference as if set forth at length.
22. As a reoult of the conduct of Defendant, Alyssa M.
Potteiger suffered and has suffered pain and SUffering, mental
anguish and humiliation, fear, and in the future, may continue to
do so.
23, All of the aforesaid injuries were caused solely by the
Defendant, acting and failing to act, as aforesaid, and were in no
way caused by any act, or failure to act, on the part of Plaintiff.
WHBREFORB, Plaintiffs demand judgment against Defendant in an
amount in excess of Twenty Thousand ($20,000) DOllars, plus
interest and costs,
5
COtJllT II I
, EDWARD AND ANGELA Po~rEIGB~,
Notu~al Pa~ents of JOSHUA R, PO~rBIGBR
~4. Paragraphs 21 th~ough 23 of this complaint a~e inaorpor~
ated herein by reference as if set forth at length.
25. As l\ result or. the conduct of Defendant, Joshua R,
potteiger suffered and has suffered pain and suffering, mental
anguish and humiliation, fear, and in the future, may continue to
do so.
26. All of the aforesaid injuries were aaused solely by the
Defendant, acting and failing to act, as aforesaid, and were in no
way caused by any act, o~ failure to act, on the part of Plaintiff.
WHBRBFORE, Plaintiffs demand judgment against Defendant in all
amount in excess of Twenty Thousand ($20,000) Dollars, plus
interest and costs.
COUNT IV
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
27. Paragraphs 24 through 26 of this Complaint are in.corpor-
ated herein by reference as if set forth at length.
28. As a result of the conduct of the Defendant, plaintiff
experienced substantial emotional distress, anguish, fear and
anxiety because hie children who were injured as set forth above
6
.
II,
n
!
VERI FICA'i'I~1i
I'
We, Edward and Angela Potteiger, verify that the statelllellt~
made in thlB Complaint are true and correct to the best of our
information, knowledge and bolief. We further undel.'stand that
I
false statements made herein are subject to the penalties of 18 Po.
C.S. ~4904 relating to unsworn falsification to authorities.
Date ~ ///9 Jq!J'
Date~ IIjq/115
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