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HomeMy WebLinkAbout98-00855 . "'J , ~ III \l ~ -.t ~ ~ .... V II) ::r-.. ~ J i ,~ -' . - .';) 'cj \t) \() 00' ~ ~' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor by LISA K. and FRANK H. SMYSER, bis Guardians PLAINTIFFS q<a-~55 NO. CML TERM v. THE ESTATE OF GEORGE T. FAHNESTOCK, and DOROTHY V. FAHNESTOCK DEFENDANTS CMLACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONO'l'ARY: Please issue A Writ of Summons in the above captioned matter. Date: 1.. I -z. - '/ t? Q~Cc ,/~~ BY: Andrea p. J cobsen, Esq. JACOBSEN Be ILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 Attorney for Plaintiffs ..-. C) \f) ~ :::> [ ~ ~ ." :-:J .." 0"0 ,..., ,i1j~ '/0) ..z: -ni..n cO c!'H:; "9 f:lo 1Jl ~,~; .'.J (0 r..:> ~:'~a b .J;;. B :..-:; ;~:: :}J ..)~ ~ _,.c. { 5 -" i:5IT 00 11- w ...( 01 J..~'c: .. ,~ .... ::.n ~ tp j 0", (1\ --) f ~ ClI E 0 -:t p- ~ ..., ~ (1l ~ ~ ...- 0..:- \;P en ('0 Ui ? "I P Co ~ ~ ..:J J 0 n . . (jj 0 E it- :: i i'~ f ~ .. q;~ \ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor, by LISA K. and FRANK H. SMYSER, : his Guardians PLAINTIFFS q'c?-~5~-, NO. CIVIL TERM v. THE ESTATE OF GEORGE T. FAHNESTOCK, and DOROTHY V. FAHNESTOCK DEFENDANTS CML ACTION LAW 57 Betty Nelson Court, Lot #150, Carlisle, PA 17013 WRIT OF SUMMONS To the Estate of George T. Fahnestock, Dorothy V. Fahnestock, executrix, and Dorothy V. Fahnestock, You are hereby notified that Lisa K. Smyser, Frank H. Smyser and Alexander Smyser, by his parents and guardians, Lisa K. Smyser and Frank H. Smyser, the Plaintiffs, have commenced an action against you. Date jfeb, ld, \qq~ By Deputy Seal of the Court 98'{)26 LAW OFFICF.8 OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants LISA K. SMYSER, FRANK H. SMYSER, AND ALEXANDER L. SMYSER, A MINOR, BY LISA K. AND FRANK H. SMYSER, IDS GUARDIANS, PLAINTIFFS IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 98-855 CIVIL TERM VS. THE ESTATE OF GEORGE T. FAHNESTOCK, AND DoROTHY V. FAHNESTOCK, DEFENDANTS CIVIL AcnoN - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO 1HE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, The Estate of George T. Fahnestock, and Dorothy V. Fahnestock. Respectfully submitted, By LAW 1FFI I ! , JACOBS & SABA nald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: April 1. 1998 I:"J ~ IJ':, '" :5"f!; ~ C.?~ :c (. -#: U- n;:;: .,.~~ (") :'~i I rs: 141 r9u.. -0: ~' Cl:l O'l .'. ~ , .fi. };,':f~ ."' """,.:.~:tt lf~~ ' ":e:j;;i~;fi(1,:'; ;", ",', ';"1'{/!i;;i)'~i,:~)~ ":T.'i:,j(jh~~'bff}tt:;~ ,. ""',.",,;.:;d:'~i{.\!t! ',' ': ". :':'D;\~ifl~~ ", ')~\"'i'bU., ~ .; '1~"';~~:~}~I/~~f~~~~~ ' "'( 'Y,~ ?I-'~!l~* ,) ">""1':,~\ "f)! . ;),\ 'fi,....;.,;. ~l ' ",'. "'" o"bl '" ,~ -. , \'''1\'1.. f.... {hi!. "..; ;,~< !i^: t\%<lJ"~ ~~~ : ',J'~ ~\f:. :~f.I ~\t!Aio/l'" ," ,~'.' I;~ru. J, tr~~'~~.... ~i~~fi~" '.;;;,'. . '.;. ".~. 98'{)26 LAW OFFICES OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants LISA K. SMYSER, FRANK H. SMYSER, AND ALEXANDER L. SMYSER, A MINOR, BY LISA K. AND FRANK H. SMYSER, ms GUARDIANS, PLAINTIFFS VS. THE ESTATE OF GEORGE T. FAHNESTOCK, AND DoROTHY V. FAHNESTOCK, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 98-855 CIVIL TERM CIVIL ArnON - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINf Please enter a RULE upon plaintiffs to ftle a 0 suffer the entry of a Judgment of Non Pros. TO TIlE PROTIIONOTARY: Date: April 1. 1998 hereof or nald R. Dorer, Esquire Attorney for Defendants AND NOW, thi~n.LdaY of entered upon the Plain' s to ftle a Com I . suffer the entry of a Judgment of Non Pros. , 1998 a RULE is hereby herein within 20 days after service hereof or ( '~.", ,.... '" . ". ~ ',,' ""';"\'. ."i""""'i';,lJ") ;t. :.' ~ ,~'. I!' - '. '::) 4-! I ",(/'\'.;', '=: ,":!.t", '(..\~ "\" ',' ,," g ,,' .-, 6~ "I""":''':I''c:>.-Q2 ""';'(:IJ~,\::"" ,~,>:~' ",~rn. , ,..'.,:,' 'ft.1' .'.' d~ ',:; '~''':l' 1:0-' 'ffi,fi:,tu ";'I/~""'I ,J l)~... "0- "" . 'J f{',f~,\~ \,\1.,,~. i_'\0~~ ....' ",' '.."J.? ':/\':,-:<, .....;'; .:'"','" "'.',"~"~~~~]~~{~~~' :'i ':i.'/~.." CQ,...x,~')~t~'t,.ll" .~>:-,~.~.....;V <,,'J;~'!-;f;,i~N'" . -, ~,,:;.\:,{<:'i~~,;.m::;.y,1t~~it::p' ','.' >" ':>'" .'i't":'~= ~~I';; ". ':I)~'/.~~! ~b'," 1'-;, ~ ::" ,::":I!l;~i ::~,~) f,.!. , :':,I';"~,O~Q;~'l7i;IloiJ.1'~~ , ,be ,\,), ~r5'~fl';:!' w . ';':0' C~:$~ ;; ~r-J '.'..~~,&I:'<I.li l~ ",'(~:~ ~,rr~,~~~\ h /.,,:,r.z,.-.,~..~v<l;.) ;~I~tt._- ,"t'. .:. .; COMMONWEALTH Ol~ PENNSYLVANIA COUNTY OF CUMBERLAND LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor by LISA K. and FRANK H. SMYSER, his Guardians PLAINTIFFS NO. 98-855 CIVIL TERM v. THE ESTATE OF GEORGE T. FAHNESTOCK, and DOROTHY V. FAHNESTOCK DEFENDANTS CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Dave Long, hereby certify that a true and correct copy of the Plaintiffs Writ Of Summons, in the above captioned matter was duly served upon the Estate of George T. Fahnestock, Dorothy V. Fahnestock, Executrix, by personal, hand delivery at her place of residence, 57 Betty Nelson Mobile Home Court, Lot #150, Carlisle, PA, 17013, tl>Js date, at 3:45 p.m. addressed as follows: The Estate of George T. Fahnestock, Dorothy V. Fahnestock, Executrix 57 Betty Nelson Mobile Home Court, Lot #150 Carlisle, PA, 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsificatio 0 thorities. \ Dated: d'S FEel r IIt\022~eorv.amy LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor by : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-855 CML TERM LISA K. and FRANK H. SMYSER, his Guardians PLAINTIFFS : JURY TRIAL DEMANDED v. DOROTHY V. FAHNESTOCK DEFENDANTS : CMLACTION - LAW 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 ajudgment 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor by LISA K. and FRANK H. SMYSER, his Guardians PLAINTIFFS : COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : NO. 98-855 CML TERM : JURY TRIAL DEMANDED v. DOROTHY V. FAHNESTOCK DEFENDANTS : CIVIL ACTION - LAW COMPLAINT AND NOW, come Lisa K. Smyser, Frank H. Smyser and Alexander L. Smyser, a minor by his parents, plaintiffs, by their attorney, Andrea C. Jacobsen, Esq., JACOBSEN & MILKES, and bring this civil action against the defendant Dorothy V. Fahnestock, in the above-entitled case as follows: 1. Plaintiffs, Lisa K. Smyser, Frank H. Smyser are adult individuals residing at 513 Grahams Wood Road, Carlisle, Cumberland County, PA 17013. 2. Plaintiff Alexander L. Smyser is a minor who resides with his parents and guardians, Lisa K. Smyser and Frank H. Smyser, at 513 Grahams Wood Road, Carlisle, Cumberland County, PA 17013. Alexander L. Smyser was born on October 27,1989, and is presently eight (8) years old. 3. Lisa K. Smyser and Frank H. Smyser, parents and legnl guardians of minor Alexander L. Smyser, bring this action as guardians on behalf of their minor son and as plaintiffs in their own right. " , , :~ ;..;;., '"" 4. Defendant, Dorothy V. Fnhnestock, is an adult individual residing at 57 Betty Nelson Court, Lot #150, Carlisle, Curnberland County, PA 17013. 5. The Estate of George T. Fnhnestock is a decedent's estate opened in Cumberland County, Commonwenlth of Pennsylvania. 6. On February 15, 1996, the Estate of George T. Fahnestock owned and possessed a certain 1983 Buick Regal automobile bearing the license number YDR190, issued by the Commonwealth of Pennsylvania. 7. On February 15, 1996, at or about 14:08 o'clock, defendant, Dorothy V. Fahnestock, Executrix and beneficiary of the Estate of George T. Fahnestock, was operating the said Buick Regal automobile southbound on McAllister Church Road in West Pennsboro Township, Commonwealth of Pennsylvania. 8. On February 15, 1996, plaintiff, Lisa K. Smyser, owned and possessed a certain 1987 Mercury Lynx automobile bearing the license number KLG 149 issued by the Commonwealth of Pennsylvania. 9. On February 15, 1996, at approximately 14:08 o'clock, plaintiff Lisa K. Smyser was operating her said Mercury Lynx automobile westbound on State Route 641, also known as Newville Road, in West Pennsboro Township, Cumberland County, Pennsylvania at a point approaching the intersection of the swd State Route 641, and McAllister Church Road. 10. As plaintiff Lisa K. Smyser was approaching the intersection of at 641 McAllister Church Road, defendant Fnhnestock was stopped at the stop sign for the southbound traffic of McAllister Church Road at State Route 641. 11. There is no stop sign or light for State Route 641 traffic at this intersection. 12. As plaintiff proceeded through the said intersection, defendant drove her vehicle into the path of plaintiff's vehicle, failing to yield to the oncorning vehicle of plaintiff Lisa K. Smyser. 13. Plaintiff Lisa K. Smyser attempted to stop her vehicle by braking but was unable to avoid the collision and collided head on into defendant's vehicle, to the left front of defendant's vehicle, pushing defendant's vehicle westward slightly after impact, causing plaintiff Smyser's vehicle to rotate, and causing both vehicles to come to rest facing soutbwest in the intersection. 14. At the time of the accident, plaintiff was operating her vehicle in a safe and lawful manner, was proceeding with the right of way, was properly restrained with a seat belt, acted with due care and was not contributorily neglect. 15. The collision between plaintiff's and defendant's vehicles and the injuries and damages resulting from the accident were directly and proximately caused by the negligence and carelessness of the defendant, which consisted, inter alia, of the following: a. operation of her vehicle in a careless, reckless, and negligent manner; b. failure to yield to oncoming traffic from her stop at a stop sign for southbound traffic on McAllister Church Road and failure to properly stop at the stop sign, as required by the Motor Vehicle Code, 75 Pa.C.S.~ 3323; c. operation of her vehicle without due regard for the rights, safety and position of plaintiffs; d. failure to keep a proper lookout as she approached the intersection; e. failure to use due care under the circumstances; f. failure to yield the right of way to plaintiff's vehicle; g. failure to take eVllllive action to avoid impact with plaintiff's vehicle; h. operation of her rnotor vehicle in disregard of the rules of the road and the laws of the Commonwenlth of Pennsylvania including, but not limited to Section 3323 of the Motor Vehicle Code, 75 Pa.C.S. ~ 3323. COUNTY Lisa K. Smyser v. Dorothy V. Fahnestock 16. Plaintiffs incorporate herein the above paragraphs llIl though set forth in full. 17. As a result of defendant's negligence, and the above described collision, plaintiff Lisa K. Smyser suffered considerable pain and suffering. The impact of the collision caused her seat belt to come across her neck and caused her bra to be torn in half by the force. She Wllll unable to eat solid food for a period of time after the accident and suffered serious injury to her right shoulder area resulting in persistent right shoulder pain. Such injury resulted in the need for surgery on July 21, 1997 at which time a postoperative diagnosis of posttraumatic arthritis, AC joint, right shoulder WllIl made. 18. As a result of her injuries, which were caused by defendant's negligence, some or all of which injuries may be permanent, Lisa Smyser hllll suffered and will, in the future, continue to suffer, great pain and loss of function of her shoulder and upper right extremity, to her great detriment and loss. 19. As a result of defendant's negligence, and the above described collision, plaintiff Lisa K. Smyser suffered multiple bruises and injuries to the neck, esophagus, throat, brenst, chest wall, both knees, right ankle and hip, and right shoulder. She was transported from the scene of the accident to Carlisle Hospitnl by ambulance for immediate care and attention. 0, 20. As a result of defendant's negligence, and the above described collision, '.1 " plaintiff Lisa K. Smyser has required ongoing medical care, evaluation and treatment since the accident for injuries suffered in the collision. 21. As a result of the defendant's negligence and the injuries stemming from the above described collision, plaintiff Lisa K. Smyser hllB been and will be in the future hindered and prevented from attending her usual employment as lead teacher at the Carlisle Early Education Center, Carlisle, Pennsylvania, where she had been employed since 1988. 22. As a result of her injuries, plaintiff Lisa K. Smyser WllB initially totally incapacitated from work and from her usual and routine daily activities from 2/19/96 through 2126/96, and was restricted to less than her regular full time duties until March 26, 1996. As a result of ongoing medicnl problems, and the need for surgery, j and her period of post surgery recovery, plaintiff Lisa K. Smyser was also totally incapacitated from work and from attending her usual and daily duties from on or about July 24, 1997, through on or about November 5, 1997. 23. As a direct result of defendant's negligence, plaintiff Lisa K. Smyser continues to be incapacitated from performing her prior usual duties as a day care center lead teacher, and, as a direct result, has suffered a loss in her earning capacity. 24. As a result of her ongoing medical injury, plaintiff Lisa K. Smyser hllB been forced to accept less physically demanding employment than that in which she was '-' engaged at the time of the accident. Prior to the accident, plaintiff earned approximately $7.00 per hour for a forty-hour week at the Carlisle Early Education Center, with regular gross earnings of two hundred eighty dollars ($280) per week, and annual earnings of approximately fourteen thousand five hundred sixty dollars ($14,560) per year. 25. Plaintiff Lisa K. Smyser is presently employed at the Dickinson College Food Service, Carlisle, Pennsylvania. At her present employment, Lisa K. Smyser is only able to regularly work six hours per day, with regular gross earnings of one hundred eighty six dollars ($186) per week, and annual earnings of approximately nine thousand six hundred seventy two dollars ($9,672) per year. 26. Plaintiff Lisa K. Smyser's present employment circumstance and her reduction in weekly gross income of approximately ninety four dollars ($94) per week, or four thousand eight hundred eighty eight dollar ($4,888) gross are the proximate results of the injuries she suffered in the above described motor vehicle accident and the negligence of defendant. 27. Lisa K. Smyser has received reimbursement for wage loss suffered as a result of defendant's negligence to date in an amount in excess of five thousand dollars ($5,000). In addition Lisa K. Smyser has suffered unreimbursed wage loss since beginning her current at Dickinson College on or about December 7, 1997 at the rate of ninety four dollars ($94) per week and continues to suffer such loss. The amount of such loss is based upon a comparison of her present income with her earnings of over two years ago, at the date of the accident, without consideration or acljustment for anticipated increases in earnings over that time period, or inflation, and without consideration of loss of employment benefits. 28. To date, the medicuJ care obtained by plaintiff Lisa K. Smyser has been extensive, and has required the expenditure of large and various sums of money for medicine and medlcnJ attendance and care, including totnJ charges in excess of five thousnnd ($5,000) for hospital and medicuJ care paid to date on behnJf of plaintiff Lisa K. Smyser. 29. As a result of defendant's negligence, plaintiff has suffered an interruption of her daily habits and pursuits to her great and permnnent detriment and loss. 30. As a direct and proximate result of the i~ury, the wife of plaintiff Frank Smyser suffered from chronic shoulder pain resulting in decreased ability to lift things and also decreased arm movement. These decreased abilities greatly cw.tailed the wife's performance of her normal household duties and her involvement in family social activities including sports activities, camping, etc. 31. As a result of defendant's negligence, plaintiff sustained a total loss of her motor vehicle. WHEREFORE, plaintiff Lisa K. Smyser has been i~ured and seeks damages against defendant in excess of Twenty Five Thousnnd Dollars ($25,000). COUNT II Alexnnder Smyser v. Dorothy V. Fahnestock 32. Plaintiffs incorporate herein the above paragraphs as though set forth in full. 33. Plaintiff A1exnnder Levi Smyser was a passenger in the vehicle of plaintiff Lisa K. Smyser at the time of the accident. 34. At the time of the accident, Alexander Levi Smyser was Beated in the rear of the vehicle with a seat belt restraint properly in place. 35. As a result of defendant's negligence, plaintiff Alexander Levi Smyser was violently knocked about, thrown and jostled about in the said cur of plaintiff Lisa K. Smyser. 36. Plaintiff Alexander Levi Smyser sustained diverse and serious iJ\juries including, cuts and abrasions on his lips and in his mouth resulting in a full mouth of blood, swelling and bruises on chin, cheek,legs, hips, and neck and, as a result thereof, experienced great pain and Suffering. 37. Plaintiff Alexander Levi Smyser was taken to the Carlisle Hospital Emergency Room immediately following the accident and required follow up attention from his pediatrician. 38. At the time of the accident, plaintiff Alexander Levi Smyser was terror stricken and frightened and has continued to have a great fear of motor vehicle accidents caused by emotional distress and psychologicnl iJ\jury resulting from the accident. WHEREFORE plaintiff Alexander Levi Smyser has been injured and seeks damages against defendant in an amount in excess of Twenty Five Thousand Dollars ($25,000). COUNT III Frank H. Smyser v. Dorothy V. Fahnestock 39. Plaintiffs incorporate herein the above paragraphs as though set forth in full. 40. At nil tirnes herein mentioned, plaintiff Frank H. Smyser was and now is the husband of plaintiff Lisa K. Smyser. 41. By reason of defendant's negligent act, the wife of plaintiff Frank H. Srnyser suffered a long-term injury to the right shoulder urea and other injuries causing serious and substantinl pain and requiring surgery and ongoing treatment. 42. By reUBon of the injuries to the wife of the plaintiff, plaintiff Frank H. Smyser suffered a loss of his wife's consortium and WUB required to take over his wife's customary household services such UB cooking, cleaning and doing laundry, whereby his nerves and peace of mind were impaired and he suffered in mind and body, having been unduly burdened UB he WUB denied the customary household services of his wife. 43. By reUBon of the injuries to his wife, and her incapacity from employment and her ongoing loss of earning capacity, plaintiff Frank H. Smyser WUB and continues to be financially deprived by the economic loss of his wife's usual contribution of earnings to the household, and the resulting financial detriment to the family. 44. By reUBon of the injuries to his wife resulting from defendant's negligence, plaintiff Frank H. Smyser, plaintiff hUB been denied the consortium, care, protection, consideration, society, companionship and aid of his wife, and other injuries. 45. As a result of defendant's negligence, plaintiff Frank H. Smyser hUB suffered disruption in his daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, plaintiff Frank H. Smyser hw; been injured and seeks damages against defendant in an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000). " AFFIDAVIT I, LISA K. SMYSER, hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that fnlse statements herein are made subject to the penaities of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~/2;1 /9P' r~ ~~Il k ~h) LISA K. SMYSE () u:> ~ "I- e- CJ> ,..' ~ -. -:')e. ..,., "1W (T'Il' ~" hi:n ~.::U N .O~ -,':r-' (j'!;:; ...J ":1:' :.> r~'r-) :'2 =J!33 ".-:' . ~~l"'') .- ~]CJ i'~l-'l C'" (5rf1 J'C::: ~ ~ -< (U ~ I' '.' (, i 1 ,\ \.>.1;, , I By the Court, ,) , / (4) Proof of the deposit shall be forthwith flied with the Prothonotary by plaintiffs' counsel and a copy forwarded to this chambers. :saa ~ " I j I',",' ':' , ~.,.... FILr()-OrtjC'~ Or: 7'1" "'''-' I; .,' " 'I' }!;'O,VOTI\AY gnsfP?'i, PN .7:62 CUI\'!~(Z:ii/~ ,'0 (.'1' I\/'t\, "'l:'I\~\,(';Ttllt'~~"""; I r -', "4 "' ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor by LISA K. and FRANK H. SMYSER, his Guardians PLAINTIFFS NO. 98.855 CIVIL TERM NO. 98,855 Civil v. DOROTHY V. FAHNESTOCK DEFENDANTS CML ACTION - LAW PETITION TO COMPROMISE ACTION. ALLOW COUNSEL FEES AND EXPENSES AND DmECT D1STRmUTION To the Judge of your Honorable Court: This Petition respectfully represents: 1. We, Lisa K. Smyser and Frank H. Smyser, are the parents and guardians in this action of plaintiff Alexander L. Smyser, a minor. Alexander L. Smyser was born on October 27, 1989, and is presently eight (8) years old. 2. This action was brought, inter alia, to recover damages for i~uries suffered by the said minor, Alexander L. Smyser, as a result of a motor vehicle accident which occurred OIl February 15, 1996, on McAllister Church Road in West Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania. 3. At the time of the accident, plaintiff, Alexander L. Smyser was a passenger in a Ford Escort automobile being operated by his mother, petitioner Lisa K. Smyser. Alexander L. Smyser was seated in the rear of the vehicle with a seat bt!lt restraint properly in place. 4. The accident was caused when defendant Dorothy V. Fahnestock negligently drove her vehicle into the path of plaintiffs vehicle, failing to yield to the oncoming vehicle of plaintiff Lisa K. Smyser. 6. By reason of defendant's collision with plaintiff's vehicle, plaintiff Alexander L. Smyser was knocked about, thrown and jostled about in the car in which he was riding and sustained diverse and serious injuries including, cuts and abrasions on his lips and in his mouth, bleeding, swelling and bruises on chin, cheek, legs, hips, and neck. Plaintiff Alexander Levi Smyser was taken to the Carlisle Hospital Emergency Room immediately following the accident and was seen on one occasion in follow up by his pediatrician. He has had no treatment for the i~uries sustained since February 19, 1996. 6. In the accident, plaintiff Lisa K. Smyser suffered multiple bruises and i~uries to the neck, throat, right shoulder, chest, ribs, back, lower right extremity from hip to ankle. She is presently status post attempted arthroscopic exam and resection of the distal clavicle, right shoulder, July 1997 and continues to suffer persistent symptoms to the right shoulder and arm including reduced grip and strength in right hand, arm, with pain and limited range of motion, lack of abduction and rotation in the shoulder. '"' 7. The parties to this action are willing to enter into a compromise of the action with regard to the minor plaintiff as follows: Defendant will pay to plaintiff Alexander Smyser the sum of ONE THOUSAND DOLLARS ($1000.00) and plaintiff will release defendant from all further claims. 10. Counsel, Andrea C. Jacobsen, Esq., has been the attorney for the minor 8. Defendant will also tender applicable policy limits of TWENTY FIVE THOUSAND DOLLARS ($26,000.00) to plaintiff, Lisa K. Smyser. 9. We believe that this compromise with regard to the claim of Alexander L. Smyser is in the best interest of the minor as it is a fair and reasonable scttlement of his claim for the nature of the bodily i~uries sustained which arc not ongoing in nature. in this action and requests a counsel fee of TWO HUNDRED FIFTY DOLLARS ($260.00), being twenty five percent (25%) of the award to the minor, for professional \ , I services rendered in this case related to the claim of the minor as detailed in Exhibit l . A. Counsel also requests reimburscment for disbursements of THIRTY THREE AND 02/100 DOLLARS ($33.02) for costs related solely to the claim of the minor as also shown in Exhibit A. The balance of the costs and fces incurred in this matter, including unallocated filing fees and other costs, shall be reimbursed out of the fund due the adult plaintiffs. . , I 11. The net balance payable to Alexander L. Smyser is SEVEN HUNDRED SIXTEEN DOLLARS ($716.98). No guardian of the estate of Alcxander L. Smyser has been appointed and none is to be appointed. Alexander L. Smyser lives with his parents, the petitioners and is maintained and supportcd by them. '. .', . ,,,:,,"--. .-.:-..;:= Petitioners ask that the Court a. Approve the compromise stated above; b. Authorize the payment of the $250.00 counsel fees and expenses of $33.02 from the fund due the minor; c. Direct that payment of the net funds of $716.98 due the minor be made to the petitioners to be held and used by them on behalf of the minor; d. Stay all proceedings with regard to the claim of the minor pending determination of this Petition. ~" k Sl~' LISA K. SMYSER, arent/Guardian (,:tat~ 1C{,t~ FRANK H. SMYSER, Parent/Guardian Respectfully submitted, Cwe BY: Andre cobsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 " , , ~~~ :i,%: :~"r;, ~;t ,~~ 'i);i: .l~; 1'.2;,. 'f; , i . ..,.f] ~)' , " . "~. . ,(. ,. , . ". ";'!, V' 'ri fj \~ r .j) F . - . -, ,(, , , We hereby verify that the statements made in the foregoing PETITION TO , 'I COMPROMISE ACTION. ALLOW COUNSEL FEES AND EXPENSES AND DIRECT , , .~ J .J DISTRIBUTION are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: li /I'o{ \ ~ '8 j.:~ k ~~ LISA K. SMYSER, Pe itioner {j. /1" U-a<.-y ,<0, RANK H. SMYSER, Petitioner LISA K. SMYSER, FRANK H. SMYSER and ALEXANDER L. SMYSER, a Minor by : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98,855 CIVIL TERM LISA K. SMYSER and FRANK H. SMYSER, his Guardians PLAINTIFFS v. . DOROTHY V. FAHNESTOCK : CML ACTION - LAW DEFENDANTS CERTIFICATE OF SERVICE I, Ginny Massey, hereby certify that a true and correct copy of the Petition to Compromise Action, Allow Counsel Fees and Expenses and Direct Distribution, in the above captioned matter, was duly served upon Donald R. Dorer, Esq., by depositing it in the U.S. Mail, on September 21, 1998, addressed as follows: Donald Dorer LAW OFFICES OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 603 Camp Hill, PA 17011 I hereby verifY that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. Section 4904, relating to unsworn falsification to authorities. '/7' I ], ~/ ( ~;;;)Y'I>', /?tfS~ GlN:jSEY C_' Dated: September 21, 1998 () U') 0 !:; 0:> -n ~ ~I) .:;l "'\1CiJ rq rnrn -u iiiFl Z.T' ;.~;'c. 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