Loading...
HomeMy WebLinkAbout98-01577 , I '" ~ c;)' ~ (:) ~ ~ ~,.'\ ~ \ {... \ ~ \ \ , \ I', / ;' / ,,~ " .. :) 0.. ~ t-.. '" It) " , 0- e- MARSHALL J. I<ATZ and HELEN E. KATZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,. PENNSYLVANIA Plaintiffs v, CS; 1"'/17.. NO. I.) f CIVIL ACTION - LAW ~,(~L(L, MICHAEL E. OSGOOD, Defendant NOTICE TO DEFENDANT NAMED HEREIN: You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take aotion 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 olaims 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 Plaintiffs, 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, OlilIJlll' .1811IIm'i'R.\T8R bet y A '55( fritt/; (r~ Cumberland County CQ.\)rt H,,\mt'>, 4th !i'll'. 2.' L' 6 { _ -l--eom lhv...~~ Sql:lIU e . ( '(" r" . L( [1-(., carlisle, Pennsylvania 17013-3387 (717) J..4.(l S:!Q& 244 3{{,,{, Le han demandado a usted enla corte, si usted quiere defenderse de astas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notifioacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que si usted no se defiends, 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, MARSHALL J, KATZ and HFLEN E, KATZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. 9 j'. /1 ./ 'I (kcl _.-- I.tl',- NO, MICHAEL E, OSGOOD, Defendant CIVIL ACTION - LAW COMP~.am AND NOW come the PlaintiffS, Marshall J, Katz and Helen E. Katz, by and through their attorneys, Friedman and Friedman, P,C" and bring this cause of action against the Defendant and aver as follows: 1. The Plaintiffs, Marshall J. Katz and Helen E, Katz, are adult indivi.duals residing at 246 N. J2nd street, Camp Hill, Cumberland County, Pennsylvania 17011-2810, and at all times relevant hereto were husband and wife, 2. The Defendant, MiChael E, Osgood, is an adult individual residing at R. D, #3, Box 93, Middleburg, SnYder County, Pennsylvania 17842. 3, On or about February 21, 1997, Plaintiff, Marshall J, Katz, was the owner-operator of a 1993 Nissan Altima automobile, which was involved in the accident described herein, 4, On the aforesaid date, the Defendant was the owner-operator of a 1987 Nissan truck, which was involved in the aocident described herein. 5, On the aforesaid date, at approximately 3:30 p.m" Plaintiff, Marshall J, Katz, was operating his motor vehicle in a A,_ westbotlnd direotion on East Maln street in the Borough of Shiremanstown, Cumberland County, Pennsylvania, approaohing the intensotion of East Main street and High Street, 6, At that time, date and plaoe, it was a sunny day with dry roadway, and the highway was posted with a 35 m,p,h. speed limit, 7, At that time, date and plaoe, the Defendant was operating his 1987 Nissan truok in a southbound direction on High street in the Borough of Shiremanstown, Cumberland County, Pennsylvania, approaohing the intersectlon of High street and East Main street, 8, At that time, date and place, the Defendant negligently, recklessly and carelessly operated his vehicle by attempting a left turn into the eastbound lane of East Main street in the path of Plaintiff, Marshall J, Katz, who had the legal right-of-way in the westbound lane on East Main Street, and in so doing drove directly into Plaintiff Katz's path, 9, At that time, date and place, Plaintiff, Marshall J. Katz, in an attempt to avoid striking Defendant's vehicle broadside on the driver's side, was forced to apply his brakes and attempt to swerve to the right, resulting in the driver's side of Plaintiff Katz's vehiole striking the driver's side of the Defendant Osgood's vehicle, 10, At the time of the accident, the Defendant was negligent, reckless and careless under the circumstances in: A, Failing to have his motor vehicle under proper and reasonable control; B, operating his motor vehiole in a careless, reckless and negligent manner; C, Operating his motor vehicle with no warning of approach or intended direction; D. Operating his motor vehicle without due regard to the rights, safety and position of the Plaintiff; E. Failing to keep a proper lookout; F. Failing to use due care under the circumstances; G, Failing to operate his motor vehicle in a safe and proper manner; H. Failing to notice the motor vehicle of the Plaintiff; !, Upon noticing the motor vehicle of the Plaintiff, failing to yield the right-of-way to the Plaintiff's vehicle; J, Failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; and K. Operating his motor vehicle in disregard of the rules of the road, the ordinances of the Borough of Shiremanstown, and the laws of the Commonwealth of Pennsylvania. 14. As a result of the injuries listed in paragraph 13 htlrein, plaintiff, Marshall J. Katz, has undergone the following treatment and medioa1 prooedures: A, 22 visits with his family dootor/osteopath for examinations, osteomanipu1ative adjustmenta, and modalities, including ultrasound, electrical stimulation, and moist hot packs. B, No fewer than five (5) anesthetic injectiolls. c, 12 sessions of formal physical therapy, 0, Medication with Daypro and Lasix, the need for which was extended by the accident of February 21, 1997, 15, As a result of Defendant's negligence, Plaintiff, Marshall J, Katz, has suffered great bodily pain and suffering, as well as mental anxiety and nervousness to his great detriment and loss. 16, As a result of Defendant's negligence, Plaintiff, Ma~sha11 J. Katz, has suffered a loss of earnings and/or earning oapacity, and was obliged to be absent from his job for a total of thirty-eight (38) hours at his normal rate of $23,36 per hour, thereby sustaining a wage loss of $887,68, which loss fell entirely within the statutory five (5) day waiting period for lost wages, and therefore was ineligible to be reimbursed by his first party carrier, 17, As a result of Defendant's negligence, Plaintiff, Marshall J, Katz, has suffered an interruption of his daily habits and pursuits to his great and permanent detriment and loss. Mic/'U:lel Ii', Osgood 11/ 1'Jlt. COllI"( 1'(' .." "".. OOmmOO 1'/.", 0', . , "'" "" "J 1 J , / ( "/" /"C/OOd ( of/ 0 t , . , <./, 'Od f/, , ,1.1 1'011,"'''''''' IX "0 " <'t, , ../" " N"., 3/2, '" N.,_ ", 1 '" ~snya..~/9_ ,ISHChIFF ~"-~..f:~l ~ - · 0, CU,,, ____ " C.... ,. "~""'. W" . '"<<,vII COUNF,; r". . ' ~ I, I Is dcplJ/Qt/oo helog 0 d, er"h.I' d"POt/lelhe Sherlfr ' .. .. "'" '" 'f ""'" 10e,11 arid risk or Ih PI --....... .... , e a/ollft', 1. ~c;?-:-~ ~----------- er,aod COOOI1' p ---- . I Q, S "oro d 00 SOh.lcrlbed her or ro.lhl.1 c ~,,~ s~~ COlJII~', Po, -- ~) I'il j t:',1 i_,~; ITI ,VO'", 1IIIhlo ------------- opoo~~ ___ 01 ____ _______ hY'huodlog 10 alteslcrl cap., 07;h----- --- . Ih. or/gl;;;;;---' ~~ Ih. COllleolSlhereor. Itffjdnvit OfS ' e/1.'lce 19---""'.1 ---- ~ O'Clo,./; -------- ___,If, ser"cd Ih. ----....-----.. ~. ~ ------~ ----.--:----. ---- -----------. a Ira. QOd Qod IIIQde /;~OIl'II 10 . ,. n} C) c.:J " So .II.,.ers, COSTS SfRl'ICE: Mll.f4GE: ------ S AFFID.\ \'fr----.-- ----- s.-------_____ ! \ ! I >. ~~l' ~~ r:.~; {~I {_t. -"..., LLl 0 rl"" r-l' i"l : t~ . ~L,C ,'-j; (r)i (.'-,1 '.'\ I ,.- i ~- . :~- U.l1 ~ .1 " i-" :.;l:; 1.1.. ()',) _..1 0 0'" (.,) .....