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HomeMy WebLinkAbout96-05757 ~'fl.-. -.,' ilIr: '. 1",-"-'<i<"t' " -;1"J#f~:' il:;~ ~.~~,;:".,<.. ~~, .". ,-. .- ~- .- - "'-',, " ~?,~.'- '0.".,. -_:, ~~F\~:~ __'_,' ' ,';;~:-,:.- ..... . . I) .... . ,- . BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I I CIVIL ACTION - LAW NO. 9t - 5757 !~J'\Y)'1I1 JURY TRIAL DEMANDED v. LISA M. CASTILLO, Defendant NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notics are served, br entering a written appearance personally or by attorney and f ling 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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland county Courthouse - 4th Floor 1 Courthouse Square CarliSle, PA 17013 (717) 240-6200 , BOISE SHANABROUGH and JUDY SHANABROUGH, Hia Wire, Plaintiffa v, I IN THI COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I CIVIL ACTION - LAW I I NO. I JURY TRIAL DEMAND!D LISA M. CASTILLO, Defendant 'OTIOIA LI han damandado a \latad en la oort., si uat.d quin. derenderae de eataa dlm.ndaa .xpueataa en laa pegina. liquianta., uated tiene viente (30) dia. da plalo al partir d. la t.oha d. 1, dlmanda y la notitioaoion. Uated deba fr.a.ntar una apari.noil eacrita 0 en peraona 0 por abogado y aroh var .n la oort. en tor.. eacrita lua derenaaa 0 aua objactionaa a 1.. de.andaa en oontra d. IU peraona, Sa. aviaado que ai uat.d no a. d.riand., 1, cort. tcm.ra mldidaa y puad. entrar una orden ccntra \lated ain prlvio aviao 0 notiricacion y por cualquier qu.ja 0 Ilivio q. U' .. pldido en la plticion de demanda. U.ted pueda puder din.ro 0 aua propiedad.a 0 otroa darachoa i.portant.. para u.tad. LLBVE ESTA DEMANDA A UH ABODAOO INHBDIATAHENTA. SI NO TIBHI ABODAOO 0 SI NO TIEHI EL DINERO surlCIENTI DB PAOAR TAL 8BRVICIO, VAYA EN PERSONA 0 LLAMB POR TELErOHO A LA orICINA CUVA DIRICOION .1 ENCUENTRA ESCRITA AOUO PARA AVERIOUAR DOHDI II PUlOS COHBBOUIR ASISTBNCIA LEOAL. Court Ad.lnlatrator cumbarland Oounty Courthou.e - 4th P100r 1 Courthou.. .quar. earli.l.,'A 17013 (717) 1140-6100 BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs 1 IN THB COURT OF COMMON PLEAS 1 CUMBERLAND COUNTY, PENNSYLVANIA I I I CIVIL ACTION - LAW I I NO. 'iI, ~'J.r) C~'.:I 7;, "., JURY TRIAL DEMANDED v. LISA M. CASTILLO, Defendant o 0 N P L A I H T 1. Plaintiffs Boise and Judy Shanabrough, are husband and wife, adult individuals, who reside at 40 North 27th street, camp Hill, Cumberland county, Pennsylvania. 2. Defendant Lisa M, castillo is an adult individual who lists an address of 2501 Massachusetts Avenue N.W., Washington, D.C. 20008-2823, but has a mailing address of P. O. Box 185, Herndon, Virginia 20172. 3. The facts and occurrences hereinafter took place on or about December 24, 1995, at approximately 2120 p.m, in the parking lot of the Runs Market in the Lemoyne Plaza, located at 1200 Market street, Lemoyne, Cumberland county, PennsYlvania. 4. At that time and place, Plaintiff Boise shanabrough had just exited the Rarne Market and was crossing the travel lane in front of the etore in a marked pedestrian area. 5. At that time and place, Defendant Lisa M, castillo was operating a 1993 Ford Taurus and pulled quicklY out of a parking epace, making a quick U turn into the travel lane. 99710/LAH 6. At that time and place, Defendant Lisa M. castillo operated her vehicle at an excessive rate of speed under the circumstances and in a careless and reckless manner and struck Plaintiff Boise Shanabrough. 7. At that time and place, the riCJht front portion of Defendant castillo's vehicle collided with Plaintiff Boise Shanabrough throwing him forward. S. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Boise Shanabrough are the direct and proximate result ot the nsgligent, careless, wanton and reckless manner in which Dstendant Lisa M. Castillo operated her motor vehicle as follows, (a) (b) (c) (d) (e) (f) Failure to have her vehicle under suoh control as to be able to stop within the assured clear distance ahead/ Failure to keep alert and maintain a proper watch for the presence of pedestrians who miCJht bs crolling the parking lot, especially in an area directly in tront of the entrance/exit to a store, Failure to apply her brakee in sutfioient time to avoid striking Plaintift Boise shanabrough/ Failure to operate her vehicle at a sate speed/ Failure to drive her vehicle with due regard for the pedestrians exiting the Karns Market in the marked psdestrian crossing area, which was in olear view, and of which she was or shOUld have been aware, Failure to keep proper and adequate control over her vehicle, a . (9) Failure to take reasonable evasive aotion to avoid the aooident, Failing to sto~ at the scene of the aocident to oheck on the condition of Boise Bhanabrough, who she knew or should have known had been struck by her vehiole, and Driving her vehicle upon the highway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Hotor Vehicle Code ot the commonwealth of Pennsylvania, (h) (i) Claim I BoiBe and Judv Bhanabrouah v, LiBa M, caBtillo II. ParagraphB 1 through 8 of Plaintiffs' complaint are incorporated herein by reference, 10, As a direot and proximate result ot the aforementioned aooident, plaintiff Boise Bhanabrough sustained painfUl and .evere injuries, which inolude, but are not limited to, low back pain and an aggravation of a pre-existing back injury. 11. By rea.on ot the afore.aid injurie. sustained by plaintiff Boi.e Shanabrough, he wa. forced to incur liability for medioal treatment, medications, ho.pitalilations, and similar miscellaneoUS expen.e. in an effort to re.tore him.elf to health, and olaim i. made therefor, la, aecau.e of the nature of hi. injurie., Plaintiff Boi.e Bhanabrough ha. been advi.ed and, therefore, aver. that he may be 3 forced to incur similar expenses in the future, and claim is made therefor. 13, As a result of the aforementioned injuries, plaintiff Boise Shanabrough has undergone and will in the future undergo great physical and mental SUffering, great inconvenience in carrying out his daily activities, loSS of life'S pleasures and enjoyment, and claim is made therefor. 14, As a result of the aforementioned injuries, plaintiff Boise Shanabrough has been and in the future will be subject to great embarrassment, and claim is made therefor. 15. As a result of the aforesaid accident, plaintiff Boise Shannbrough has sustained work-lOSS, loss of opportunity, and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. Plaintiff Boise shanabrough continues to be plagued by persistent pain and limitation and therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and a claim is made therefor. WHEREFORE, plaintiff Boise Shanabrough demands judgment against the Defendant Lisa M. castillo in an amount of TWenty-Five Thousand Dollars ($25,000,00), exclusive of interest and costs, and in excess of any juriSdictional amount requiring compulsory arbitration. 4 3udv Shanabrouah v. Lisa M. castillo LOBS of Consortium 17. Paragraphs 1 through 16 of the Plaintiffs' complaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by her husband, Boise Shanabrough, Plaintiff Judy shanabrough has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to his great detriment, and claim is made therefor. c aD E. Kos I. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiffs Dated I J(J //'7 /fIb { I v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I CIVIL ACTION - LAW I I NO. I JURY TRIAL DEMANDED BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs LISA M. CASTILLO, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and Notice are served, by entering a written 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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator cumberland county courthouse - 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 . . S"~RIFF'B RETURN - U.S. CERTIFIED MAIL CAli~: Nil I l OJ!)/; -057:51 P CflMMflNW~:AI.TU IW r.ENNSYI.VANIA I CIlUNTY In' C MHER .AND !iHbtiABROlllllt BOl!1~ _F;L ^l,. Vl:i. CAillLLO I.ISL!L.. IlL-J,b.2!U/!!-KilruL--------. ..__________,J lihQrHf or Dl!puty Shl!dff of CUMBF.RLAND County. Pennsylvania, who bRing duly sworn aocording to law, served the within named PEFENDANT. CASTILLO LISA M by UnitRd States Certified Mail postage prepaid, on the 22nd day of Qgt.o.b.!lL--> l!)'3G. at. l!i!1!!1l19l\1!. HOIlRS, at ~l2!1lLltftRtlA.CllYilETTS AVENUF. NW ~~Sll I N13T.QJi.__PJL~000B -;?E!23 a t.rue and at.t.est.ed copy of the at.t.ached COMPLAINT Th~ ret.urned roceipt. card was signed by cn ~~000. Addit.ional Comment.sl I.ETTER RETURNED TO OFFICE OF SIIERIFF ON NOVEMBER 1. 1996 RETURN TO SENDER E1herif!'s COSt.SI Pocketing BuVicl! Affidavit. SurchargR CERTII"IED MAlL So answe~sl ,/ 18.00 .00 .00 2.00 1.04 ')2-'. 104 ,-...,~/ ~ , II. Thomas 1\11nR, AN13INIl & RUVNER 11/0111'J!)G aworn and_Bubscribe.11t.o bqfore me l~~!''fc;L!!-K. lJ~ay of "7l-9.w.t~'v",- - ---~~~~J~b&~r8'#lk-~--." .--- ,--, tln.rl11 .. ~ SIIRRIFF'S HETURN - U.S. CERTIFIED MAIL GAli~: NlJ I l 'J'Jf;-05"5" P ClJn"IJNW~:AI.TIl Of 1'~:NNliYL V AN (A I Cll INTY IJf CUMH~:RI.^ND liUANf!I3RlJllnll BIHli~: ~:T AL VS. G(lliTtI.I.lJ !.tSf! M (l. Thqm.lt~. KHnlt J liheriff or Deputy Sheriff of CUMB~RLAND County, P~nnsylvanla. who being duly sworn ancording t.o law. snvltd t.he wit.hin named Df;f~IiPANT. CAIH 11.1.0 I. (liA 11 by UnitRd St.ates Cert.ified lIail post.age prepaid, on the 22nd day of QCltQb!l'L ---J 1222...., at 15(/)0100_ HIJURS, at P. 0. HO)(105 1I!';!U-lPUJiLYA_20l72. _., a t.rult and attested copy of the att.ached COMPLAINT Thlt rltturned receipt card was signed by on n~1.00/0000. Addit.ional CommRntsl RI':TURNED TO SHARI' '5 OFFICE (IN NOVF.I1I.lER 14. 1996 REASON Cm:CKED lINGLA I "~:D Uhwriff's COSt.SI Docketing SwrvicR Affidavit. tlurcharge So answers I , 6.00 .00 .00 2.00 '( . . ,>:,- A' <. -. R. Thomas Kline, Sheriff ~B.00 ANUlN(I & HOVNEH 11/1411996 liworn and. u..subtJllrlbe.i t..o b~~" me this .}.C -= day of 11..tV4 _ ~ 'H, _ A. b. (,~ a. hI.tJ-D..., d,J.lr , I prothonotary' '1 \\\\1 ~ l~ ~ N "I LIlt .,i ,.'~r!.f#-i'~ IT:' \ ~. .~ - - - ,,-;' t\ :: I" .~ I I ;t'. .. I'. ., tll \" It 1'1 lilt, "',I ul. '-' II' / . <, ,~)I .' i-'<t .~ 1. ,I." f'I /,f> !c. ' u,ll'h .f 1~ ,'J ~~B( I ~.U ~ 0., 88'-~ IT! IT! :r 11. t1 UI :! ~\ I I I I I t I l i , . (--.# . :. . ~M N GJa:l :IN ~ I GJa:l :> 0 fOl;D N III 4J o 4J . o-IGJU ..... U). ," p o. ~i a ~~ $ ~cLfi 'Mln II .J 7" i : : Of ., ~ I . i ,I '. it I .CampI". n.... , ancV""" oddO_ "Met,. .CampI", n....l, 41, and Cb. ,Prkt yolM natnI and .dd,..1 on IhI reYlrl' ot lhit form to IhII *' can "'\In 1hI1 card.. YO.. .AlI""" \hit 10"" 10lhl1n>nlollhl mIlIploCO," '" \hi bid< d "',.. - nol .=il_1fo<>>Illl RoqUOl'od' '" IhI molpl... bolO_ tht 'Rid. .....-1>1', .Tho lIo1uf11l1aoo1plwll _10 whom tho 'Rid. WI' _ad and \hi dll. dIIIvonId. i I IJ C8rt1ned i i i l I 48. Lisa M. Castillo 2501 Washintun, D.C. \ requ8.ted I " . . ,._..._..~~...-," .<."". .. BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. tJt.1"_'i'75/ {~tt~\d~llf1 JURY TRIAL DEMANDED LISA M. CASTILLO, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims sst forth in the following pages, you must take action within twsnty (20) days after this complaint and Notice are served, by entering a written 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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. court Administrator cumberland county Courthouse - 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. I I I CIVIL ACTION - LAW I I NO. I JURY TRIAL DEMANDED LISA M. CASTILLO, Defendant NOTICIA Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la techa de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se def1ende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN AIIODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse - 4th Floor 1 Courthouse Square carliSle, PA 17013 (717) 240-6200 . v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I CIVIL ACTION - LAW I I NO. I JURY TRIAL DEMANDED BOISE SHANABROUGH and JUDY SHANABROUGH, His Wifs, Plaintiffl LISA M. CASTILLO, Defendant COM P L A I H T 1. Plaintiffs Boise and Judy Shanabrough, are husband and wife, adult individuals, who reside at 40 North 27th street, Camp Hill, cumberland county, Pennsylvania. 2. Defendant Lisa M. castillo is an adult individual who lists an address of 2501 Mallachusetts Avenus N.W., Washington, D.C. 20008-2823, but has a mailing addu.. of P. O. Box 185, Herndon, Virginia 20172. 3. The facts and occurrences hereinafter took place on or about December 24, 1995, at approximatelY 2120 p.m. in the parking lot of the Karnl Market in the Lemoyne Plua, located at 1200 Market street, Lemoyne, Cumberland county, Pennsylvania. 4. At that time and place, Plaintiff Boise Shanabrough had just exited the Karns Markat and was crossing tha travel lane in front of the store in a marked pedastrian area. 5. At that time and placa, Defendant Lisa M. castillo was operating a 1993 Ford Taurul and pulled quicklY out of a parking space, making a quick U turn into the travel lanA. 99710/LAll ~ 6. At that time and place, Defendant Lisa M. Castillo operated her vehicle at an excessive rate of speed under the circumetances and in a careless and reckless mannar and struck Plaintiff Boise Shanabrough. 7. At that time and place, the right front portion of Defendant Castillo's vehicle collided with Plaintiff Boise Shanabrough throwing him forward. 8. The foregoing accident and all of tha injuries and damages set forth hereinafter sustained by Plaintiff Boise Shanabrough are tha direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Lisa M. Castillo operated her motor vehicle as followSI (a) Failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; Failure to keep alert and maintain a proper watch for the presence of pedestrians who might be crOssing the parking lot, especially in an area directly in front of the entrance/exit to a store; Failure to apPlr her brakes in SUfficient time to avoid striking Plaint ff Boisa Shanabrough; Failure to operate her vahicle at a safe speed; Failure to drive her vehicle with due regard for the pedsstrians exiting tha Karns Market in the marked pedestrian crossing area, which was in clear view, and of which she was or should have been aware; Failure to keep proper and adequate control over her vehicle; (b) (c) (d) (e) ( f) 2 \ t,,:,_ , .. (g) Failure to take reasonable evasive action to avoid the acoident; Failing to stop at the scene of the accident to chack on the condition of Boise Shanabrough, who she knew or should have known had been struck by her vehicle; and Driving her vehicle upon the highway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle ccde of the commonwealth of Pennsylvania. (h) (i) claim I Boiss and Judv Shanabrouah v. Lisa M. Castillo 9. Paragraphs 1 through 8 of Plaintiffs' complaint ara incorporatsd hers in by reference. 10. As a dirsct and proximate result of the aforementioned accident, Plaintiff Boise Shanabrough sustained painful and severe injuries, which include, but are not limited to, low back pain and an aggravation of a pre-existing back injury. 11. By reason of the aforesaid injuries sustained by Plaintiff Boise Shanabrough, he was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore himself to haalth, and claim is made therefor. 12. Because of the nature of his injuries, Plaintiff Boise Shanabrough has been advised and, therefore, avers that he may ba 3 forced to incur similar expanses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Boise shanabrough has undergone and will in the future undergo great physical and mental sUffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Boise Bhanabrough has been and in the future will be subject to graat embarrassmant, and claim is made therefor. 15. As a result of the aforssaid accident, Plaintiff Boise Bhanabrough has sustained work-loss, loss of opportunity, and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. Plaintiff Boiee Shanabrough continues to be plagued by persistent pain and limitation and therefore, avers that his injuries may be of a permanent nature, causing reeidual problems for the remainder of his lifetime, and a claim is made therefor. WHEREFORE, plaintiff noise Bhanabrough demands judgment against the Dafendant Lisa M. Castillo in an amount of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and in excess of any juriSdictional amount requiring compulsory arbitration. 4 ~udV Shanabrouah v. Lisa M. castillo \. 17. paragraphs 1 through 16 of the Plaintiffs' complaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by har husband, Boise Shanabrough, Plaintiff Judy Shanabrough hall been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to his great detriment, and claim is made therefor. ~OSB of consortium c ae E. Kos I. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 counsel for Plaintiffe Datedl J() /;1/ fib I I TRUE COpy FROM fir.CORD In Trslirnuny win' of, Iln;re unlo ~ul my hond and Ihe teal of !,a!d (OUI' nt Curllsla, Pa. This .. 1ft, day 01 {)e.I.'PI 19,r.,;. .........~I.~~.; (I!/L. ~.., v,t, i.Ji I ~" ~~'j"" Prothonotary VERIFICATION We, BOI88 8BANABROUGU and JUDY 8BANABROUGU, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pat C.S. 54904, relating to unsworn falsification to authorities. ~.. ~' // ~~~~ " ' .~4&;~~ B 188 8 RO GU ~~..&'uJ/r1f/fl/; ".La,1. / . DY II ABROUGU (! DATED I 1/1,/_1 ;", , BOISE SHANABROUGH and JUDY SHANABROUGIl, His Wife, Plaintiffs IH THE COURT OF COMMON PLEAS CUMBERLAND COUNT'{, PENNSYLVANIA v. () \0 V. CIVIL ACTION - LAW t~ t.' <::) ;=l !.~ ,., "1 -l NO. q/.; -5757 Cu ;- OJ ~l JURY TRIAL DEMANDE ~[ u .." ~ ~c -~ - S;?; t,.o.) ~ .. -", NOTICE o- N ~ -. --. w LISA H. CASTILLO, Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twanty (20) days after this complaint and Notice are served, by entering a written 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 caBe lIlay proceed without you and a judgment may be entered against you by the Court without further notice for any money Claimed in the COlllplaint or for any other claim or relisf requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF yOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator cumberland County courthouse - 4th Floor 1 courthouse Square Carlisle, PA 17013 (717) 240-6200 I '\ '\ I .\ \ I BOISE sHANABROUGH and JUD~ sHANABROUGH, His Wire, Plaintiffs v. LISA M. CASTILLO, Defendant }I0TIOI'" IN THE COURT OF coMMON PLEAS CUMBERLAND coUNT~, PENNSYLVANIA CIVIL ACTION - LAW NO. JURy TRIAL DEMAN5!D Le han demandado a usted en la corte. 81 usted quiare defenderle de eltal demandal expueltal en lal paq1nas siquientes, ulted tiene viente (30) dial de plazo al partir dl la recha da la demand a Y la notifioacion. Ulted debe pras.ntar una aparianaia escrita 0 en persona 0 por aboqado Y archivar en la corts an forma escrita sUS defensae 0 .UI objectione. alai demandae en contra de su persona. Sea avieado que d Ulted no Ie def1ende, la corte tomara medidas Y puede entrar una orden contra ulted dn prllvio aviso 0 notificacion y por cualquier queja 0 alivio que e. pedido en la petie ion de damanda. uatad puedll pllrdar dinaro 0 IUI propiedadel 0 otrol derechoa importantes para ustld. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO 8UFICIENTE DE PAOAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEPE CONSEOUIR ASISTENCIA LEOAL. Court Administrator cu=berland county Courthouse - 4th Floor 1 courthou.e square carlisle, PA 17013 (717) 240-noo BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA M. CASTILLO, Defendant NO. JUR~ TRIAL DEMANDED C 0 K P L A I N T 1. plaintiffs Boise and Judy Shanabrough, are husband and wife, adult individuals, who reside at 40 North 27th street, camp Hill, Cumberland county, Pennsylvania. 2. Defendant Lisa M. Castillo is an adult individual who lists an address of 2501 Massachusetts Avenue N.W., Washington, D.C. 20008-2823, but has a mailing address of P. O. Box 185, Herndon, Virginia 20172. 3. The facts and occurrences hereinafter took place on or about December 24, 1995, at approximately 2120 p.m. in the parking lot of the Karns Market in the Lemoyne Plaza, located at 1200 Market street, Lemoyne, cumberland county, Pennsylvania. 4. At that time and place, plaintiff Boise Shanabrough had just exited the Karns Market and was crcssing the travel lane in front of the store in a marked pedestrian area. 5. At that time and place, Defendant Lisa M. Castillo was operating a 1993 Ford Taurus and pulled quickly out of a parking space, making a quick U turn into the travel lane. 99710/LAK I :\ \ ,\ \ I I 6. At that time and place, Defendant Lisa M. castillo operated her vehicle at an excessive rate of speed under the circumstances and in a careless and reckless manner and struck Plaintiff Boise Shanabrough. 7. At that time and place, the right frcnt portion of Defendant castillo's vehicle collided with plaintiff Boise Shanabrough throwing him forward. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by plaintiff Boise Shanabrough are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Lisa M. castillo operated her motor vehicle as follows I (a) (b) (c) (d) (e) Failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; Failure to keep alert and maintain a proper watch for the presence of pedestrians who might be crossing the parking lot, especially in an area directly in front of the entrance/exit to a store; Failure to apply her brakes in sufficient time to avoid striking plaintiff Boise Shanabrough; Failure to operate her vehicle at a safe speed; Failure to drive her vehicle with due regard for the pedsstrians exiting the Karns Market in the marked pedestrian crossing area, which was in clear view, and of which she was or should have been aware; (f) Failure to keep proper and adequate control over her vehicle; 2 (9) Failure to take reasonable evasive action to avoid the accident I (h) Failing to stop at the scene of the accident to check on the conditicn of Boise Shanabroulilh, who she knew or should have known had been struck by her vahicle, and (i) Driving her vehicle upon the highway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of tha Motor Vehicle Code of the Commonwealth of Pennsylvania. claim I Boise and Judv Shanabrouah v. Liea M. castillo 9. paragraphs 1 through B of Plaintiffs' complaint are incorporated herein by referenca. 10. As a direct and proKimate result of the aforementioned accident, plaintiff Boise Shanabrough au.tained painful and severe injuries, which includa, but are not limited to, low back pain and an aggravation of a pre-eKisting back injury. 11. By reason or the afora.aid injuries sustained by plaintiff Boise Shanabrough, ha wae forced to incur liability for medical treatment, medicatione, hospitalizations, and similar miscellaneous eKpenses in an effort to rastors himself to health, and claim is made therefor. 12. Because of the nature of hi. injurie., Plaintiff Boi.. Shanabrough has been advised and, therefora, averS that h. may be 3 forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Boise Shanabrough has undergcne and will in the future undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Boise shanabrough has been and in the future will be subjeot to great embarrassment, and claim is made therefor. 15. As a result of the aforesaid accident, Plaintiff Boise shanabrough has sustained work-loss, loss of opportunity, and a permanent diminution of his earning power and capacity, and olaim is made therefor. 16. plaintiff Boise Shanabrough continues to be plagued by persistent pain and limitation and therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder cf his lifetime, and a claim is made therefor. WHEREFORE, Plaintiff Boise Shanabrough demands judgment against the Defendant Lisa M. castillo in an amount of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 4 ,I \ , ! I 'I I ~udv Shanabrouah v. Lisa M. castillo Loss of consortium 17. paragraphs 1 through 16 or the P1Bintifrs' ccmplaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by her husband, Boise Shanabrough, plaintirf Judy Shanabrough has baen and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of Which will be to his great detriment, and claim is made therefor. casE. Kos I. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 counsal for PlaintiffS Datedl 1() !J1!ctb I I VERIFICATION We, BOISI SBANABROUGB and JUDY SBANABROUGB, Plaintiffs, have read the fore90inq COMPLAINT and do hereby swear or affirm that the facti aet forth in the foregoing ara true and correct to the best of our knowledge, information and balief. We understand that this Verification is made subject to the penalties of 18 Pa. C.S. 54904, ralating to unsworn falsification to authorities. ~ ~/ /"L- ~.. ..~~ / :d~~ .:biSB S RO~B ~ I 'k~4~uJ '--UtA /; ~/. / . DY ABROUGB .. DATED I /11- /:J y(-? I BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA M. CASTILLO, Defendant NO. 96-5757 CIVIL JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the attached Complaint, filed in the above- captioned action on October 17, 1996 and forward the Directions for Service to the Sheriff of Cumberland County. t chael E. Kos k, Esqu re 1. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiffs Datedl .\ f Il.I fen I I ,.,~ I ... I , f UtI" , , , "<: ll~ .., (' )n" t::' l;' ~ 1:1 i_. ';., [, , '''I :'1 ";:,; , , [, I ~ '12 ., . I .' -; .' r' - t,;;~ j " (" L1 SHERI~~'S R~rURH - u.s. CERT1~lCP MAIL CASE HUI 1?~h-05757 P CIJMl1I)NW~:^,.TU U~' N:lHmVLVAHl A 1 CIJIINTV Ill-' C 11111.:rll.AND SH^NAlHlIJIJilll IJlllSl:: ET AI. VS. CMn'lI.LiJ LISA M R. rhumaa lil1ni! , Hher1fi or (lepuly fJhlltlff of CUMtll::I'lLANn Cnunt y. PIOnnElY I van HI. IIht1 bel ng dul y SlI,)rn accordi ng to I all, served t.he IIlt.hln named nl';F1::Il[lANT. CA\;iTl!.!.\) Ll:;iA M by United l:a>1teEl CIOdifled l1i1i \ postage prepaid, on tile JOI]UllrY . "..t~97 . at 1'S0q1lIll0 IliJUlI!;:i, at 1::!\H_t TAl.II.anN 24t.h I'LACI::, day of UN IT 13 RKSTON,, VA 2211190 a \rulO and atteeted copy of the attached ~I1I'LAlIlT Thq returned receipt card lias Eligned by Oil ~(~/0000. Arlditlonal Commentsl LLnCR RETURHn, TO OFne!:: OF SIILRIH' ON FeBRUARV 24, 1997 WITH RCA"ON CIIECKE'1l UNCLAIMED. Sheriff's Coslsl Docketing t:erUf1eil 11al1 Affldant lilJrcharge 11.1.00 2i75 .00 2.00 So Snallel'dl i / '-':';.l1I__.....t''f'...4 /(.;... R. Thomas klirte, Sheriff ~~!r'AHGINO Al/ll IWVIlFH 02/.2G/l'39" ~~i"I.11.1\ jnoJ I SUhSr:f '. bt?lJ~n bC'for E' me th16 e doy nf ], \Y '17--- A. P. ~) 'U.... r:. bt....ti...,.I..11 n"r.: . '-fie M'of.honoloq:" BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. $ ~ ~ ~l ti1 N W LISA M. CASTILLO, Defendant NO. JUR tlOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend a9ainst the claims set forth in the followin9 page., yoU mu.t take action within twenty (20) day. aftar this complaint and Notice are sarved, by entering a written appearance personallY or by attorney and filing in writing with the court your defen.e. or objections to the claims set fcrth againat you. You are warned that if you fail to do so the case may procaed without you and a judqment may be entered aqainst you by the court without turthar notice for any money claimed in the complaint or for any othar claim or relief requested by the plaintiff. You may lose money or property or other riqhts important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCI!l. IF 'LOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU cAN GET LEGAL HELP. court Administrator cumberland county courthou.e . 4th rloor 1 courthou.a Square Carliale, PA 1701) (717) 240-6200 1..'-. " ,< .. --.l ,*', , J ;.:;\-. .,~\. " . ~~ ~~, .~. BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW LISA M. CASTILLO, Defendant : NO. JURY TRIAL DEMANDED NOTIon Le han d8lllandado a ustad en la corte. si usted quiere ,defenderse de sstas demandas eKpuestas en las paginas siquientes, u8tad tiene viente (30) dia8 de plazo al partir de la fecha de la demenda y la notificacion. Usted debe fresentar una apariencia escrita 0 en persona 0 por abogado y arch var en la corte en forma e8crita sUS defenses 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo .-aviso 0 notiflcacion y por cualqu1er queja 0 alivio que es pedido en ~'la peticion de demanda. Usted puede parder dinero 0 sus propiededes 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator c~.rl.nd county courthouse - 4th Floor l' courthouse Square carlisle, PA 17013 (717) 240-6200 i ~h I'~'~~" BOISE SHANABROUGH and JUDY sHANABROUGH, His Wife, plaintiffs I IN THE COURT OF COMMON PLEAS 1 CUMBERLAND COUNTY, PENNSYLVANIA v. I I CIVIL ACTION - LAW I I NO. JURY TRIAL DEMANDED LISA M. CASTILLO, Defendant COM P L A I N T 1. plaintiffs Boise and Judy Shanabrough, are husband and wife, adult individuals, who reside at 40 North 27th street, Camp Hill, cumberland county, Pennsylvania. 2. Defendant Lisa M. castillo is an adult individual who lists an address of 2501 Massachusetts Avenue N.W., Washington, D.C. 20008-2823, but hIlS a mailing address of P. o. Box 185, Herndon, virginia 20172. 3. The facts and occurrences hereinafter took place on or about December 24, 1995, at approximately 2120 p.m. in the parking lot of the Karns Market in the Lemoyne Plaza, located at 1200 Market street, Lemoyne, cumberland county, pennsylvania. 4. At that time and place, plaintiff Boise Shanabrough had just exited the Karns Market and was crossing the travel lane in front of the store in a marked pedestrian area. 5. At that time and place, Defendant Lisa M. castillo was operating a 1993 Ford Taurus and pulled quicklY out cf a parking space, making a quick U turn into the travel lan~. 99710/1>>1 II I' .1 ;\ ,I :1 \1 'I !I \ (~{~,.... . '. ;'. .. Af.... ~~~ .1." 6. At that time and place, Defendant Lisa M. castillo operated her vehicle at an excessive rate of speed under the circumstances and in a careless and reckless manner and struck plaintiff Boise shanabrough. 7. At that time and place, the right front portion of Defendant castillo's vehicle collided with Plaintiff Boise shanabrough throwing him forward. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustainad by Plaintiff Boise Shanabrough are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Lisa M. castillo operated her motor vehicle as folloWSI (a) (b) (c) ~ !I il i! (d) (Ii) Failure to have her vehicle under such control a8 to be able to stop within the assured clear distance ahead, Failure to keep alert and maintain a proper watch for the presence of pedestrians who might be crossing the parking lot, especiallY in an area directly in front of the entrance/exit to a store, Failure to applY her brakes in sufficient time to avoid striking plaintiff Boise Shanabroughl Failure to operate her vehicle at a safe speed, Failure to drive her vehicle with due regard for the pedestrians exiting the Karns Markat in the marked pedestrian crossing area, which was in clear vieW, and of which she was or should have been aware, Failure to keep proper and adequate control over her vehicla, (f) 2 l'\lr~ .....,. (g) Failure to take roasonable evasive action to avoid the accidant/ (h) Failing to stop at the acene of the accident to check on the condition of Boiae Shanabrough, who she knew or should have known had been struck by her vehicle/ and (i) Driving her vahicla upon tha highway in a manner endangering person. and property in a reckless manner with careless disregard to the rights and safety of others and in violation of tha Motcr Vehicle Code of the Commonwealth of Pannsylvania. Claim I Boise and Judv Shanabrouah v. Lisa M. Castillo II. Paraqraphs 1 through 8 of Plaintiff.' complaint are incorporated herein by raferanca. ~ 10. As a diract and proximate result of the aforementioned aooident, Plaintiff Boise Shanabrough sustained painfUl and severe injurie., which inclUde, but ara not limited to, low baok pain and an aggravation of a pre-existing back injury. 11. By reason of the aforesaid injuries sustained by Plaintiff Boise Shanabrough, ha waa forced to incur liability for medical treatment, medications, hospitalizations, and similar ~i.cellaneous expensea in an effort to restora himself to health, and claim ia made therefor. 12. Because of tha natura of his injuries, Plaintiff Boisa Shanabrough has been advised and, therafore, avltrs that he may be 3 ~~ forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Boise shanabrough has undergone and will in the future undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therafor. 14. As a result of the aforementioned injuries, Plaintiff Boise Shanabrough has been and in the future will be subject to great embarrassment, and claim is made therefor. 15. As a result of the aforesaid accident, plaintiff Boise Shanabrough has sustained work-loss, loss of opportunity, and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. Plaintiff Boise Shanabrough continues to be plagued by persistent pain and limitation and therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and a claim is made therefor. WHEREFORE, Plaintiff Boise shanabrough demands judgment against the Dafendant Lisa M. castillo in an amount of Twenty-Five Thousand Dollars ($25,000.00) I exclusive of interest and costs, and in exceas of any juriSdictional amount requiring compulsory arbitration. 4 1\ \1 I ~ " . '... r~ ,(f":,.,... ,. '1 .,.,. Judv Shanabrouah v. Lisa M. castillo Loss of consortium 17. Paragraphs 1 through 16 of the plaintiffs' complaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by her husband, Boise Shanabrough, Plaintiff Judy Shanabrough has been and may in the future ba deprived of the care, companionship, consortium, and society of her husband, all of Which will be to his great detriment, and claim is made therefor. c ae E. Kos I. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 counsel for plaintiffs Da ted I J () / JI') / (II~ I I ~ ".:'\-. . ' -"\ i/'~', ,~\''''' , ' " ~ I VERIFICATION We, BOI81 SBANABROUOB and JUDY SBANABROUOB, Plaintiffs, have read the foraqoinq COKPLAINT and do hereby swear or affirm that the facts set forth in the foregoing ars true and correct to tha best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pat C.S. 54904, relating to unsworn falsification to authorities. /~ -b~4 8 ISB 8 RO OB l'k~~Jl/-v/j ,i / . DY RO OB DATEDl J(} _1_1 r(-1 I . I}. (11( 7 I I Jb'('b~y" /3:,da"A a~~ NlM!'13r(j O"'~'P.OF TUF m,~w l1U~h .1 . JIM ZI 119 AH '97 U/",II~h..: PEIH!::; rL VAl. IA BOISE SHANABROUGH and JUDY SHANABROUGH. his wife. Plaintiffs . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . · No. 96-5757 v. . LISA M. CASTILLO, Defendant · CIVIL ACTION - LAW · JURY TRIAL DEMANDED . PRAECIPE FOR ENTRY OF Al'PEARANCE TO THE PROTHONOTARY: PLEASE enter my appearance on behalf of Lisa M. Castillo, Defendant, In the above- captioned case. Respectfully submitled. Dated: 87.161 8714701 ~lJ ' Ie .::1 .1997 ~ERTIFICAT~ OF SERVICE I hereby certlly thai on this date I have SClVed a copy orthe within document on Ihe following by depositing a true and correct copy ofthe same In the u.s. Mails al Harrisburg. Pennsylvania, postage prepaid. addressed 10: Michael E. Kosik, Esquire ANGINa & ROVNER. P.C. 4503 North Jlront Street Harrisburg. PA 17110 , Dated: ~, 1097 91.161 17141-1 (::r,:7 KZ~7) By (~'\~~/C_f ~ ..:l' 2.:: ~J: ..:l d. .. i<t: (''J .\d mE .1~~ ... . . 'i:J (' re) :(ij I' t!'. l~? fl~l' ~- Dl . , f:. :.: ~, .;"h. tt H. r- ..J c. C1' u BOISE SHANABROUGH and JUDY SHANABROUGH, his wife, Plainlilfs LISA M. CASTILLO, Defendant · IN THE COURT OF COMMON PLEAS · CUMBBRLAND COUNTY, PENNSYLVANIA . v. · No 96.5757 . · CIVIL ACTION . LAW · JURY TRIAL DEMANDED . STIPtJLA TION 010' COtJNSEL It is hereby stipulaled and al!reed by and between counsel for Ihe Plainllfli, Boise Shanabroul!h and Judy Shanabroul!h, and counsel for the Defendanl, Lisa M. Castillo. Ihal: I. The complainl flied by Illainlilfs contains a paral!raph which the parties have al!reed 10 be dismissed for purposes of discovery and/or lria!. The allel!l\lion 10 be removed is as follows: "8(1) Driving her vehicle upon Ihe hll!hway In a manner endanl!erlng persons and property In a reckless manner with carelessness rel!ard 10 the ril!hts and safety of others and in violation of Ihe Molor Vehicle Code oflhe Commonwealth of Pennsylvania." 2. The allel!alion sel forth in paragraph I above is 10 be removed for purposes of discovery and/or lrial al!alnSI Defendanl. 3. This Sllpulatlon is 10 be flied with lhe Prothonotary and it is al!reed Ihal no acllon or /0--_... ~ ""~ .~ary or requi'fd) , . . J _((.' l'L'{);' Deborah . Cavae I I, csq ire . Allorney 1.0. No. 7900 , AlIllrney for Defendanl 3631 North Front SUcci Harrisburl!, JIA 17110-1533 (717) 232-7661 chael E. Kosik, Esquire Allorney 10. No. 36513 Allorney for Illalnlllfs 4503 North Fronl Slreel Harrlsburl!. JIA 17110.1799 (717) 238.6791 Daled:~, 1997 97-161 i 88101.1 \ " ~ <', ~: C~ .-.. I,. .. <:\ J ~~: l'i J ........ -)~>~ ....... Ii 'j ;~J I. I In ,.':L',l J' " ('>.) .j ;~-~ C:" t.; lii('J '1 :..~} (J., r ~' J .J " \1; ;.'1 Q U i.;, ! Ii BOISE SHANABROUGH and JUDY SHANABROUGH, his wife. Plainliffs · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY. PENNSYLVANIA . v. · No. 96-5757 . LISA M. CASTILLO, Defendant · CIVIL ACTION - LAW · JURY TRIAL DEMANDED . ANSWER WITII NEW MA TIER I. Admilled based on Information and belief. 2. Defendant's address Is 12013 Tallesin Place, Unit B, Reston. VA, 22090. 3. Defendant admits Ihe allegations contained in paragraph 3 with respect to the date, time, and location; Defendant denies thai the complaint accurately describes the facls and occurrences that took place. 4. The allegations of paragraph 4 are admitted, with the exceplion that Plaintiff was In a marked pedestrian area. 5. Admitted and denied. II is admitted Ihal Defendant was operating a 1993 Ford Taurus. The remaining allegations of paragraph 5 are denied in accordance with Pa. R.C.P. 1029(e). 6. Denied in accordance with Pa. R.C.P. J029(e). 7. Denied In accordance with Pa. R.C.P. 1029(e). 8(a)-(h). Denied in accordance with Pa. R.C.P. 1029(e). 8(1). This paragraph was removed by Sllpulalion ofthe parties. Claim I Dolse Alld Judy ShAIIAbrouah v. Usa M. Castillo 9. No response required. . 10. 16. Denied. Defendant Is withollt knowledge or lnfonnalion sufficient 10 fonn a belief as to the Illlth oflhe avennents of paragraphs 10 through 16; Ihe same are therefore denied and proof Ihereof demanded. WHEREFORE, Defendant, Lisa M. Castillo, demands that the Complaint be dismissed, and judgment entered in her favor and against the Plaintiffs wilhout cost 10 her butlogelher with such costs, expenses and aHorneys' fees as aulhorized by law and which the Court deems necessary, just and appropriale under Ihe circumstances Judy ShAnAbroullh v. LIlA M. C81tlll0 LOll of Conlortlum 17. No response required. 21.(slc) The averments of paragraph 21 contain conclusions of law to which no response Is required as provided for under Ihe Pennsylvania Rules of Civil Procedure and localllllel and are Iherefore deemed denied. WHEREFORE. Defendant, Lisa M. Castillo, demands thai the Complaint be dilmisled, and judgment entered In her favor and against the Plaintiffs without cost 10 her butlogether with such costs, expenses and aHorneys' feel as authorized by law and which the Court deeml necellary. just and appropriate under the clrcumslances. NEW MA1TElt 19. Defendant incorporates her Answer 10 I'lalnllfl's Complaint aslfset out In full. 20. Defendant spedl1cally preserves thllle defenses under I)a. ItC.I). 1030 Ihat need not be pleaded and are automatically raised. 21. Any contact bel ween Boise Shanabrnugh and Defendanl's vehicle and any injury suffered, which are denied and have yet to he proved. welc caused solely by Illalnlll1'sl1wn nellllllcnt andlor Intentional conduct 22. Any amounts paid Ihr medical hills ami walle loss under any automobile policy of insurance cannol he recovered Itoml}elendallt ill this Bctlon WHEREFORE. Defendant. Lisa M. Castillo. demands that the Complaint be dismissed, and judgment enlered in her favor and against the PlaintilTs without cost to her but together with such coslS. expenses and allomeys' fees as authorized by law and which the Court deems necessary. just and appropriale under the circumstances. Dated: G'I~' .1997 8810S.1 97.161 VERIFICA TIO~ I, Lisa M. Castillo, verifY that the infonnation in the foregoing document is true and correct. I understand that false statemenls herein are made subJecl to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsificalion to aUlhonties. By: v 1997 CERTIFtCATE OF SERVICE AND NOW, tlds LL day of , ;J~A.v'\~ , 1997, 1 hereby certifY Ihall have served a copy oflhe within document 011 the following by depositing a true and correct copy of the same In the U.S. Malls atllarrisburg, I'ennsylvania. postage prepaid, addressed to: Michael E. Kosik. Esquire ANGINO" ROVNER, P.C. 4503 North Front Street Harrisburg, I' A 17110-1799 88105.1 97.161 (CAI.PWELL & KEARNS , \~!<;~l' ('fl) By />-~_~_;1\_Lk,! - .' ,. ( \....'--~.."....../ \. - ...--/ ) j i 1 j I I ..... ('I (,:. rr; I ..t. ct"; ,.- .. '~'l " ,-, (..J ~I~~ , " I .,,-' " j F-'" L;." .. I (~ i ., I _J, I I~' ,n 'I! " (" I It' I .' '.~ 'I I " ,.: "- . ~;: " 'tr ") , LJ U BOISE SHANABROUGH and JUDY SHANABROUGH, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA M. CASTILLO, Defendant NO. 96-5757 CIVIL JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER AND NOW, Plaintiffs Boise Shanabrough and Judy Shanabrough his wife, by and through their attorneys, Angino & Rovner, P.C., hereby respond to Defendant's New Matter as followsl 19. The Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as New Matter any material facts which are not merely denials of the averments of the preceding pleadings. A review of Defendant's Answer to Plaintiffs' Complaint does not disclose any averments of fact which are not merely denials of the averments of the corresponding paragraphs of Plaintiffs' Complaint. Therefore, Defendant's incorporation of their Answer into their New Matter is not proper, and no further response is required on behalf of Plaintiffs. 20. This averment is a redundant statement of Pa. R.C.P. 1030(b) to which no responsive pleading is required, 115723/MMP 1 21. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Boise Shanabrough was negligent in any manner upon the cause of action stated in his Complaint, and any suggestion to the contrary is denied. It is further speclf ically denied that Boise Shanabrough intentionally attempted to cause injury to himself. Such allegation without any factual basis is scandalous and impertinent and should be stricken. To the extent that a further response to this paragraph may be necessary, Plaintiff Boise Shanabrough maintains that he was struck by the Defendant's vehicle resulting in injuries as set forth more fully in Plaintiffs' Complaint. 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent further response may be deemed proper, it is admitted to the extent that any medical bills were covered by Plaintiff Boise Bhanabrough' s own first-party carrier. Those medical expenses are not recoverable, nor have they been claimed in the action against the Defendant. WHEREFORE, Plaintiffs Boise Bhanabrough and Judy Bhanabrough, his wife, respectfully request Your Honorable CourL to dismiss 2 . Defendant's Answer and New Matter and enter jUdgment in their favor against the Defendant. c ael E. Ros k, Esqu re 1. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiffs Datedt..,j v....r z"')./H\ . 3 YEIUFICATION 'J We, BOISE BHl\NABROUGH and JIIDY BHANABRDIlIUl. plllinti t'ffl- hava read the foregoing PLAINTIFFS' RBSPONSB TO DIPENDANT'S NEW MATTBR and do hereby awear or affirm that the facta Bet forth in the foregoing are true and correct to the beat of our knowledge, information and belief. We underatand that thiB Verification is made subject to the penalties of 18 Pa. C.B. &4904, relating to unsworn falsification to authoritiea. WITNESS I ~~ ~~ ~~~tlifJN ~ilf< I j III L/ J S AB OIlGH DATED I 1j-/-r.;1. 12996/0MR CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIPPS' RESPONSE TO DEPENDANT'S NEW HATTER upon all counsel of record via postage prepaid first-class United States mail addressed as follows I Deborah A. Cavacini, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (Counsel for Defendant Castillo) , Datedl 7.a3.Q7 ~ (II .... lJ': r. .~ b C'" ~ " .. , ~., .., ;~:.l ii: ;, 3.K ,. -'I' t (\J '. .' "j, lI!p, , :i', ri,: ~ ;.J;iL'.. ~ r- d 0\ '. !' fWCIPE FOR L1STINO CASllfOR TWI\L (Must be typewrluen and submitted In duplicate) TO mE PRomONOTARY OF CUMBERLAND COUNTY I'leale lilt the following calc: (Check one) (x) for JURY trial althe next tenn of civil court () for trial without a Jury CAPTION OF CASE (entire caption must be Ilated in full) (check one) ( ) Assumpsit ( ) Trespm (x) Trespasl (Motor Vehicle) ( ) Olher BOISB SHANABROUOH and JUDY SHANABROUOH, His Wife, Pinlnllffs I The Irlalllst will be called on AprllJ.8;'2000. v. Trials commence on May 1,2000. Pre-trials will beheld on APrll'<<: 2000. (Briefs are due S days before pre-lr1als.) (The party IIsllng this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant 10 local Rule 314-1.) LISA M. CASTILLO, Defendant No. 96.5757 Civil '. lodlclttlltt IttomlY who wllltl)' case for the party who flIelthla praecipe: Michael B. KOlik, Bsq., 4503 N. Fronl Sl. Hbg.,I'A 17110 (717) 238-6791 1.P.136513. PIslnlifT Indlcalltrlal counael for other partieslfknown: JelTrey T. McGuire, Esq. , 3631 N. Front St., Ubg., PA 17110 1.0.: 73617 Thla caae la teady fot trial. Slgne : Print e: Michael E. Kosik, Elqulre AlIomey for Plalntlma) Date: 3/6/00 i' >- Ul E; i lI" t::' ,f' ~"1i i t-, '. ,"'~ ,") ..:l l")~ i :.''''" f':l~r , ,.] r . ;1;:: U~ ,., ,\.. ...... '.__ ,.I il,~ ~, " 'j t. . 0 ),' 1~ Ii,,- mtH :!.'i< ~ Lo.......;. .. j-., == ..' ,I. S d 0 , .. BOISE SIIANABROUOII Md JUDY SIIANABROUOII.llIs Wire. Plolntlffs IN 1'1 III COURT OF COMMON PI.EAS CUMBERI.AND COUNTY. PENNA. v. CIVIL ACTION - LA W LISA M. CASTILLO, Delcndont NO. 1)6.5757 CIVIL JllR Y TRIAL DEMANDED TO TIlE PROTl!ONOTARY: Plense llIark the obove ocllon sellled. sUlislied. und disconlinued with prejudice. choe E. Kosik. Esquire J.D. No. 36513 4$03 N. Front Slreet 1I0rrlsburll. I' A 17110 (117)238-6791 Coullsel ror 1'lolnlUr Doled: April 2\, 2000 11ll1/61IMr~\lir . '. !JillI!.EJCA TF..PY SEI!VICI'; I. Shlrlcy Cornlon. on cmploycc of Angino & Rovncr. l'.c. hcreby ccrtlfy that 0 truc and corrccl copy of thc foregoing I'raccipe to Discontinue was served by Unitcd States first-closs moil. postage preJlaid. uponlhc fbllowing: Jcffrey T. McGuire Coldwcll & Kcorns 3631 North Front Strcet lIarrlsburg. I' A 17110.1533 ~,~~ , Datcd: AJlr1l21. 2000 llllQhIIMII\IS(' - " -" - J I ; ) - , 'f , . '. j l"' . , ) . , ~ 1... - ; , ) J J I I I f . . , \ \ ~ ~ I .. t - t . . . 't ~ . L~~~i . ,.!{tfm.. t, .. '~"':\'l': \ k ,I;' } l~ 'll:., , " " h II ,,~ I I ,.6 II ~ " j't"l tl,/ . I '~-:':_': - r'I P1 rn .7 Q, , I I j I i o M i i? u~1 LL, r ~.G 0-. 88~E u J . ., , ~'f (1. . .) -, .,~ i , ~, N " .... o M III o 'M . ~~~/ .j.IlIl III 'M .'0.1" > Y ~ . , 0 c:: I: III 0 'tl ro . c 11I0 ~ '1'1 . C) t-ln.:n \i.~ " . . \ ~ .QomIII'" ~ , _or I lor _ toMc:tt. t .Colr4il".iitmtt,4t,tncl4b. 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