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Home My WebLink About98-01896 ~I .~I -'t, \)\ ~l '01 €.' ~ ..t l' 11\ \ ~ " ~ \ \ Ii r ~ - . ~ .:) ~ '-J I ~ ~ 0, ::::1 I (g) I<'alllng to yield to l'lalntlff's vehicle, who hlld the right-of-way. 10. As II direct and proxlmrde result of the negllgeuce of defendllnt, plaintiff JlllTry Rouse sustained severe bodily InJ urles, resulting In serious Impairment of his bodily functions, Including, but not limited to the following: InJnry to the body, Il\lury to the limbs, closed head Injury, laceration and scarring of the head llnd forehead, concussion, headaches, tenderness or scalp area, sprain of left wrist, Injury to the tricep muscles, Il\lnry to the nerves and nervous system, pain and suffering and other Il\lurles, sOllie or all of which may be permanent In nature. 11. As a further result of this collision, plaintiff Jeffry Rouse has been and may continne to be subjected to fnrther medical procedures and treatment, any accompanying risks, hazards, pain, suffering, discomfort, and economic losses associated therewith, all to his continuing detriment and loss. 12. As a further result of this collision and the ll\lurles suffered therefrom, plaintiff Jeffry Rouse has been prevented or Inhibited from attending to andlor fully enjoying his usual dally routines, lI.ctivities and pastimes, and may be prevented or inhibited f,'om doing the same in the future, all to his continuing detriment and loss. 13. As a resnlt of the foregoing, plaintiff Jeffry Rouse has suffered a loss and reduction of earnings, earning power and capacity, as well as a diminution of his economic earning potential, all to his continuing detriment and loss. WHEREFORE, plaintiff Jeffry Rouse demands judgment In his favor and against defendant Kathleen E. Moreira in an amount .In excess of $25,000.00, together with 'such other relief as this Honorable Court may deem fair and just. VERJIl'ICA TIQN I, Jeffry Rouse, hereby state that 111m a plaintiff In this Action and verify th~t the statements made In the foregoing Complaint are tl'Ue and correct to the best of my knowledge, information and belief. I understand that the statements therein arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. \~~ if use OSTROFF & KLINE, P.C. BY: Richard II. Hausman, Esquire I.D. #58920 311 North Broad Street. Suite 2 Lansdale, PA 19446.2457 (215) 362-0300 ATTORNEY FOR PLAINTIFF JEFFRY ROUSE and CHIME ROUSE, Husband and Wife 723 Roiling Green Drive Sellnsgrove, PA 17870 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL ACTION . LAW KATHLEEN E. MOREIRA 7 Oak Street New Brunswick, N.J. 08901 NO. JURY TRIAL DEMANDED CERTIFICATE OF SERVIf'"E I, Richard H. Hausman, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of Plaintiffs' Complaint has been forwarded to the Prothonotary of Cumberland County via First Class Mall, Postage Prepaid for filing on this JnI day of Aprll, 1998. Respectfully submitted, OSTROFF & KLINE, P.C. f1#J Richard H. Hausman, Esquire Attorney for Plaintiff By '" WHEREFORE, the defendant, Kathleen E. Moreira, denies that the plaintiffs are entitled to judgment in any Manner and/or in any amount. ~ 17. The answering defendant hereby incorporates by reference the foregoing paragraph8 1 through 16 of this Answer to Complaint with New Matter as though same were fully set forth herein. 1. The plaintiff, Jeffrey Rouse, claims are barred or otherwise limited by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.B.A. ~ 1701 et seq., whose terms and provisions are fully incorporated herein. 2. The plaintiff, Jeffrey Rouse, is barred from pleading, proving and recovering any item of special damage paid by any other program, contract or plan pursuant to ~ 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.B.A. ~ 1722. 3. The plaintiff, Jeffrey Rouse's, damages are barred or otherwise limited by the tort threshold either elected by the plaintiff or applicable by operation of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.B.A. ~ 1701 et seq. 4. The plaintiff, Jeffrey Rouse, may maintain no claim for non-economic damages unless the plaintiff has sustained serious inj ury as deE ined by the Pennsylvania Motor Vehicle Financial Responsibility Law by reason of the limited tort threshold elected by the plaintiff or applicable by law. 5. The plaintiff, Jeffrey Rouse, has not sustained any SWARTZ, CAMPBELL' DETWEILER ATTORNEYS AT LAW' 1601 MARKET STREET. 34TH FLOOR' PHILADELPHIA, PA '0103-2316 , damagas were caused by the act, or failure to act, of persons other than the defendant. 10. The plaintiff, Jeffrey Rouse's, claimed damages, or certain of them, are not causally related to injuries sustained in the accident in question. 11. At. all times material hereto, the defendant acted reasonably and exercised due care in t.he operation of the motor vehicle. 12. The plaintIff, Jeffrey ROllse's, claims are barred or otherwise limited by limited tort, 75 Pa,C.S.A. ~ 1705. WHEREFORE, the defendant, Kathleen E. Moreira, denies that the plaintiffs are entit.led to judgment in any manner and/or in any amount.. COUN'!'ERCLAIM 13. The defendant, Kathleen E. Moreira, hereby incorporates by reference paragraph 1 through 16 of this Answer to the Complaint with New l~atter as though same were fully set forth herein. 14. As a direct and proximate result of the negligence of the plaintiff, Jeffrey Rouse, the defendant, Kathleen E. Moreira, sustained economic damages in the nature of property damage to her vehicle in the amount of $3,796.40. WHEREFORE, the defendant, Kathleen E. Moreira, demands judgment in her favor and against the plaintiff, Jeffrey Rouse, in SWARTZ, CAMPBELL' DETWEILER ATTORNEYS AT LAW. 1601 MARKET STREET' 34TH FLOOR' PHilADELPHIA, PA 19103-2316 '- Cr: ..;1. I,,, UJS :;' r )-.. f'..C.' ,1__ ,,1~ r' ti>e;' [:1'. LU,i "'" . (j:... f. 1\.. C,) .. .~ >. !:s: ;:,",4 ('!I':)) -:,,):-\, , ::.1 ''>'' i'l) l'i' :;~: :1 JU.J ";JI.L.. ~::5 u <"I ,.- .." ,~~ . ,,'1., (1", (".J (. ~l ;::) "I tr:;. 0' """'~ ",. ~ICATIO~ I. Jeffry Rouse verify that the attaohed document Is based upon the Information which has been gathered by me, my counsel and/or others on my behalf In preparation of this lawsuit. The language of the document Is that of counsel and Is not mine, I have read the document, and to the extent that It Is based upon Information which I have given to my counsel, It Is true and correct to the best of my knowledge, Information, and belief, To the extent that the contents of the document are that of counsel, I have ralied upon counsel In making this Verification, I understand that Intentional false statements herein are made subject to the penalties of 16 Pa, C,S, ~4904 relating to unsworn falsifications made to authorities, Date: / )'1 / 1'1 I ') '/) . -1 I I. -<u..J , J"ft ! JEFFRY ROUSE :43568,1 1> ~ ~ ~ . -e" ~ ~ ~,I- 't; 1b ~ ~ .. .. .. ~ . , ~- /. I Je"''''liet 1/. IiOll. /I' 8e 8. ,!fOlie I k.1 ~, . . I It'll. · "'b. I . . f~, (t,,_ _ .. .. ~ ~ ~ ~ ~ ;!. ~ <". <J> .., ~." . .'0 'Y ~ ~ ~~ %~.,j.. ,,~ ~ ~" q...~ 1, ;.I ~ '9.~ _ ,,. \\"\ \\- \ .. \.. ... ~ ~\ ~ ~c, "\ \~ \~\"\:~ ~~~~~ \ l, (s.o~ ~ ~..;.o 1-, _ "WI,. "", \ \ ~"\\j. 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