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HomeMy WebLinkAbout97-00559 I N THE COURT OF COIfolON PLEAS CUMBEHLAND COUNTY, PENNSYLVANIA No, 9"1-,1;'6'1 19 kL ~n rY'\ Civi I Action - (Xl Law --' \ ( l Equ i ty PAUL E. HIRN, JR. 27 LONG VIEW DRIVE MECHANICSBURG, PA 17055 ARLENE M. LONG 106 MILLER STREET BOX 333 SUMMERDALE, PA 17093 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. x Writ of Summons shall be issued and forwarded to ( lAttorney (X)Sheriff BAWRIN & BAWR~ --i--- By: lkh'U JJ g J\. Signature of Attorney Madelaine N. Baturin, Esquire Supreme Court 10 No, 68971 MADELAINE N. BATURIN BATURIN & BATURIN, LAW OFFICES 717 NORTH SECOND STREET HARRISBURG. PENNSYLVANIA 17102 Names/Address/ Telephon No, of Attorney Oate: February 3, 1997 WR IT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIEO THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~ Date: h..L,.~ fC/?7 . , II, 1.#" 'V"~L p (.( )(~;;i" ) Prothonotary ~y fl,,:;..., r <:1'J J.?/l""'~ 1\ tr- '7 Deputt :; l Check here if reverse is ipsued for additional information PROTHON. - 55 I ~ I t .. , ~ o COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ARLENE M. LONG, Plaintiff No. 97-559 Civil v. CIVIL ACTION - LAW PAUL E. HIRN, JR., Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment DQD ~. Respectfully submitted, REYNOLDS & HAVAS A Professional Corporation Date 11 -,/6\!1 '"\ By: St h L. Banko, Jr. Attorney I.D. #41727 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Paul E. Hirn, Jr. illlI& TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment DQD ~. '711:2v1 ~ ,4cJ) Date , [1 '~ .~II'-u":JW'r . IJ/""", Prothonotary, Cumberland County ';l'.y.' ~ft;I'~ rh:(;; 1}f .....1 ~. ~ O. '>. -'I f;: M t~i r~ ;')~ :1: . ..... .J..,: Cl.. . ");:j .ao) "- 17; .., :_~ '" c, I .J:;''= II, 0:: r.-z "oJ:~ if ....;,; ;.IJ. :c ~ ~ ,... en N 1'1 ! 8 ~I~ ~ !lU~l 1Il181m~ 9 g.. 0 I ~(i~~ll a: ~ ( 8 ! ~ H c ~ If) >- (') ". is 7- (~ ~).:r: ~IQ. I . ~ ,:..... ?tJ..-; z: '-~ ::(~ ':if: c_ C1;:;J ~C, "~ ~.: ..'":; (:: '~, ....) 'I. I 'f.;; I....., u:\,! . c.': ltllt -" !::-l.':.L. -, :k: ;'E ..... IL ,.... .., 0 CI' U N 1'1 ! ~ ~ I ( ~ ~ illall~ :A Ii) ~ 9Jg..q& ..~ o ~oQ.l I' ~-r I - COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ARLENE M. LONG, plaintiff No. 97-559 civil v. CIVIL ACTION - LAW PAUL E. HIRN, JR., Defendant JURY TRIAL DEMANDED PROOF OF SERVICE The undersigned hereby certifies that I am serving a true and correct copy of Defendant Paul E. Hirn, Jr.'s Rule to File complaint upon the person and in the manner indicated below: Service bv First Class Mail Madelaine N. Baturin, Esquire Baturin & Baturin 717 North Second street Harrisburg, pennsylvania 17102 Date: ~1)111l REYNOLDS & HAVAS A professional corporation r/ / ' By: h n L. Banko, Jr. Attorney I.D. #41727 101 pine street Harrisburg, PA 17108-0932 (717) 236-3200 counsel for Defendant, paul E. Hirn, Jr. Factual Background 4. On February 10, 1995, at approximately 7:40 a.m., Plaintiff, was operating a motor vehicle which was heading in an generally northerly direction on Longview Drive, in Mechanicsburg, Cumberland County, Pennsylvania. 5. On the above-mentioned date and time Defendant was operating a motor vehicle which was backing out of his driveway, which is located at 27 Longview Drive, Mechanicsburg, Cumberland County, Pennsylvania, onto Longview Drive, which he was backing out. 6. While Plaintiff was operating her vehicle at the above street address, Plaintiff was suddenly and unexpectedly struck in the right front passenger side of her vehicle by the vehicle operated by Defendant. 7. Said impact caused Plaintiff's car to be forced into a snow bank causing substantial damage to the front left side of Plaintiff's vehicle. 8. Ambulance personnel were required to shovel Plaintiff's car out of the snow bank in order to remove the Plaintiff. 9. Plaintiff was removed from the driver's side of the vehicle, placed on a stretcher and transported by ambulance to the Holy Spirit Hospital. Count I - Arlene M. Long v. Paul E. Hirn. Jr. 10. The allegations set forth in paragraphs 1 through 9 are incorporated herein by reference. 11. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, Paul E. Hirn, Jr., and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 12. The negligence, recklessness and carelessness of Defendant, Paul E. Hirn, Jr., consisted of the following: (a) operating a motor vehicle in willful and wanton disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. section 3736(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. Section 3736(a); (c) Failing to operate a motor vehicle in such a manner as to avoid causing a collision; (d) Operating a motor vehicle at an unsafe speed under the conditions in violation of 75 Pa. C.S.A. Section 3361; (e) operating a motor vehicle without allowing an assured clear distance ahead in violation of 75 Pa. C.S.A. section 3361; (f) Operating a motor vehicle with a careless disregard for safety of persons and property in violation of 75 Pa. C.S.A. section 3714. (g) Operating a motor vehicle and failing to properly yield the right-of-way to a vehicle approaching the intersection, in violation of 75 Pa.C.S. Section 3323. (h) operating a motor vehicle by not carefully backing out of a driveway in violation of 75 Pa.C.S. Section 3344. 13. As a direct and proximate result of the aforementioned collision, Plaintiff, Arlene M. Long, has suffered the following injuries, some or all of which may be permanent: (a) Low back injuries (b) Muscle strain and sprain, (c) Contusion of right knee, and (d) Neck discomfort caused by accident. 14. As a direct and proximate result of the aforementioned collision, Plaintiff has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, and other therapeutic services such as, but not limited to, physio-therapy and hydro-therapy, for which a claim is hereby made. 15. As a direct and proximate result of the aforementioned collision, Plaintiff has suffered in the past and will in the future continue to suffer severe pains and discomfort, mental anguish, and incapacitation for which a claim is hereby made. COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ARLENE M. LONG, Plaintiff No. 97-559 Civil v. CIVIL ACTION - LAW PAUL E. HIRN, JR., Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, PAUL E. HIRN, JR., TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation Defendant, Paul E. Hirn, Jr. ("Defendant") is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted. 3. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 4. Admitted. 5. Admitted. 6. Denied. 7. Denied. 8. Denied. 9. Denied. - 1 - Count I Plaintiff v. Defendant 10. The answers contained in paragraphs 1 through 9 hereof are incorporated herein by reference as if set forth in their entirety. 11. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 12 (a) - (h). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 13 (a) - (d). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation that Plaintiff sustained injury as a result of the motor vehicle accident, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 14. Denied. The answer contained in paragraph 13 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The answer contained in paragraph 13 hereof is incorporated herein by reference as if set forth in its entirety. - 2 - -~ ~ ( ei . ~a , . mill ..... . .. .~ ere .~.~. . i" .1 ., f .", s'.~ ~t 1:1 . .... II< . Ik IIlA. 10. :Ill ~5@ " ... . .1 III ~. "~I~ ,iii ~:Rl , ' ,!, I ~J . . :,'i .l'!j, '.'g'~' .@S . l .. :> .., r ,>,~ 1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY () u:I C> ~.; \0..., " ,., ""'n (I: rn ::1 [!if:' G:J ,:,-' ;?; :rl . ,h~ ( ) for trial without a jury, ~~~, -.J:,':;,~ ...._n....___......................................................_........n..._............_................n....................................~;....:...........,.......~...~ "":.; :'.:- ::: .~\':I .-..c....: r- 0-;111 ;.....c..:. .. ~:i ::.1 ::> ;J -' (N -< Please list the following case: (Check one) ( XX) for JURY trial at the next term of civil courl. CAPTION OF CASE (enttre caption must be stated in fUll) (check one) Assumpsit Trespass ( v( Trespass (Motor Vehicle) ARLENE M. LONG, (Plaintiff) (other) vs. The trial list will be called on April 20. I qq9 and PAUL E. HIRN, JR., Trials commence on May 10. 1 qqq, Pretrials will be held on April 28, 1999 (Briefs are due 5 days before pretrials,) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) (Defendant) vs. No, 559 _ Civil 1991 19 ._ Indicate the attorney who will try case for the party who files this praecipe: __.____u'__ Stephen L. Banko, Jr., Reynolds & Havas, P.O. Box 932, Harrisburg, PA 11108 Indicate trial counsel for other parties II known: Madelaine N. Baturin, Esquire, Baturin & Baturin, 111 North Second Street, Harrisburg, PA 1710? This case is ready for triaL Signed: ___ _ _ _ _ _~_ ______' Print Name: ___J:.Ep_~e.n _,L,. _ ~an~()L.J!::, # Ij 1727 Attorney for: Def.t?':ldant, Palll E. Hirn, Jr. Date: 1dJl).1~____ .___ t f'