HomeMy WebLinkAbout98-03326
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHARLES SCOUT and )
BARBARA SCOUT, )
Plaintiffs )
)
v. ) No. q'iS-2>3~lt>
)
KA Y STRAUB, )
Defendant ) CIVIL ACTION
PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary:
Please enter the appearance of:
Daniel M. Myshin, Esq.
4800 Lingh:stown Road, Suite 305
Harrisburg, Pennsylvania 17112-9507
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as Attorney for CHARLES SCOUT and BARBARA SCOUT, Plaintiffs, in the above captioned
case.
Dated: ~
Daniel M. yshin, sq.
Attorney for Phiinti IS
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457fax
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CHARLES SCOUT and BARBARA
SCOUT,
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
v.
NO. 98-3326
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
KAY STRAUB,
Defendant
PRAECIPE FOR RULE TO FILE A COMPLAINT
TO THE PROTHONOTARY:
Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty
(20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P.
1037(a).
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By:ie. YYJ 7'I~/A,
Peter J. Speaker, Esquire
1.0.#42834
Kevin C. McNamara, Esquire
1.0.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant Kay Straub
DATE: fjd/??
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct
copy of the foregoing document on the following person by placing same in the United
States mail, postage prepaid, on the fl.L~y of 4V l/IS -I , 1998:
Daniel M. Myshin, Esquire
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
THOMAS, THOMAS & HAFER, LLP
By: i C-(/VIYJc,.-,..,...~
Kevin C. McNamara, Esquire
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If
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j) Failing to comply with the laws, rules and regulations of the Pennsylvania Motor
Vehicle Code and local municipal ordinances pertaining to the safe operation of
motor vehicles in or about the public highways, more specifically, violating 75
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Pa.C,S.A. *3322, by failing to yield right of way to Plaintiffs' vehicle approaching
from the opposite direction;
k) Failing to comply with the laws, rules and regulations of the Pennsylvania Motor
Vehicle Code and local municipal ordinances pertaining to the safe operation of
motor vehicles in or about the public highways, more specifically, violating 75
Pa.C.S.A. *3112, by failing to stop at a clearly marked stop line, or by failing to
stop before entering the crosswalk, or by failing to stop before entering the
intersection and remaining stopped until an indication to proceed is shown, while
facing a steady red signal; and,
I) By otherwise failing to operate Defendant's vehicle in a safe, lawful and proper
manner.
7.
As a result of Defendant's negligence, recklessness and carelessness, Plaintiff, BARBARA
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SCOUT, was violently shaken and suffered severe, and serious injuries, with attendant
pain and suffering, to the bones, cartilages, ligaments, muscles, nerves and tissues of the
body, all of which may be permanent. Plaintiffs' physicians, doctors, and chiropractors
have diagnosed her injuries as follows:
a) Lumbar IVD syndrome with concurrent lumbo-sacral neuritis and sciatic neuritis
complicated by subluxations of the lumbar spine;
b) Cervicobrachial syndrome complicated by brachial neuralgia and compression of
the spinal nerve root; and,
Scuut Complaint
August 26, 1998
4
c) Multiple subluxalions of the cervical spine.
8. Plaintiff, BARBARA SCOUT, also suffered a sudden and violent shock to the nervous
system, as well as aches, pains, mental anguish, embarrassment, shock and disability; all of
which may be permanent.
9. As a result of Plaintiff's injuries, Plaintiffs have incurred and may in the future incur
additional expenses for the diagnosis and treatment of Plaintiff's injuries including
expenses for in-patient and out-patient hospitalization, medical, surgical, chiropractic,
psychological, psychiatric, physical therapy, rehabilitation and pharmaceutical treatment
and attendant services.
10. As a result of her injuries, Plaintiff, BARBARA SCOUT'S general health, strength and
vitality have been adversely affected. Plaintiff has been unable to undertake normal duties
and may continue to suffer impairments and disabilities in the future, all which will result
in a decrease in her earnings and earning capacity.
11. As a further result of her injuries, Plaintiff, BARBARA SCOUT, has sustained a
diminution in ability to enjoy life and life's pleasures.
WHEREFORE, Plaintiff, BARBARA SCOUT, demands judgment against Defendant,
KAY STRAUB, in an amount in excess of Twenty Thousand ($20,000.00) Dollars, plus interest
and costs.
COUNT II
12. Plaintiff, CHARLES SCOUT, adopts paragraphs I and II as if more fully set forth herein.
13. Plaintiff, CHARLES SCOUT, is legally married to and the lawful spouse of Plaintiff,
BARBARA SCOUT.
ScoUl Complaint
August 26, 199N
5
5. Admitted in part and denied in part. It is admitted that the Defendant was
operating a 1994 Dodge Intrepid in a southbound direction on US Route 11/15 in Camp
Hill Borough attempting to make a left turn onto North 21st Street and that the
Defendant's and Plaintiffs' vehicles were involved in an accident at the place alleged. It
is denied that the Defendant had a steady red signal. The characterizations of the
Defendant's conduct as negligent, reckless and careless represent conclusions of law to
which no response is required. It is further denied that Barbara Scout suffered serious
injuries in the accident.
6(a)-(I). It is denied that the Defendant was negligent in any of the ways
alleged.
7(a)-(c). Denied. The allegations of negligence, recklessness and
carelessness represent conclusions of law to which no response is required. As for the
damages and injuries alleged, after reasonable investigation, Answering Defendant is
without knowledge or information sufficient to form a belief as to the truth of the
averments contained in this paragraph and proof thereof is demanded.
8-11. Denied. after reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments
contained in this paragraph and proof thereof is demanded.
WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be
dismissed without cost to her.
2
COUNT II
12. Defendant hereby incorporates her answers to Paragraphs 1 through 11
as if setforth at length.
13. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments
contained in this paragraph and proof thereof is demanded.
14. Denied. These allegations represent conclusions of law to which no
response is required. As to the damages alleged, after reasonable investigation,
Answering Defendant is without knowledge or information sufficient to form a belief as
to the truth of the averments contained in this paragraph and proof thereof is
demanded.
, WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be
dismissed without cost to her.
NEW MA ITER
15. Plaintiffs' claims are subject to revisions of the Pennsylvania Motor
Vehicle Code.
16. The Defendant's conduct was not a substantial factor in bringing about
any of the Plaintiffs' alleged damages.
17. After the date of the accident alleged in Plaintiffs' Complaint, Barbara
Scout received no medical care for approximately nine months.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHARLES SCOUT and
BARBARA SCOUT,
Plaintiffs
)
)
)
)
)
)
)
)
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
No. 98-3326
KAY STRAUB,
Defendant
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please enter Plaintiff's voluntary discontinuance of the within action pursuant to
Pennsylvania Rule of Civil Procedure 229.
Dated: December 3. 1998
.
~
Daniel M. Myshin, E .
Attorney for Plaintiff:
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, P A 171 12-9507
717-541-5451 717-54I-5457fax
,