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Home My WebLink About00-05735 , ~"" , .' ",'c , ... .. .". R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-611113 Attorneys for Plaintiffs, Steven Bouie Deborale L. Bouie Richardson STEVEN BOUIE and DEB ORALE L. BOUIE RICHARDSON, husband and wife, : 724 Alberta Avenue Mechanicsburg, PA 17055, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: ~- S"lJS (;,'0:( ~ Plaintiffs vs. ARLENE G. STOUGH 21 Impala Drive Dillsburg, PA 17019-1350, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Sununons against the Defendant, Arlene G. Stough and direct the Sheriff of Cumberland County to deputize the Sheriff of York County to make service upon the Defendant at her last known address, 21 Impala Drive, Dillsburg, Pennsylvania 17019-1350. R. J. Marzella & Associates, P.C. Dated: 6'/1 /iflffl) II ~ ,",,', , '\' ~~ ': '".< "Ji J, .. '<1l. Commonwealth of Pennsylvania County of Cumberland STEVEN OOUIE and DEOORALE L. OOUIE RICHARDSON, husband and wife, 724 Alberta Avenue Mechanicsburg, PA 17055 vs. ARLENE G. STOUGH 21 Impala Drive Di11sburg, PA 17019-1350 Court of Common Pie.. No. 00-5735 Civil Term ------------------------------------- In _______~j._'!:tLAc:!!9_Il:~.o/..__________________ Arlene G. Stough To _____________________________________________ You are hereby notified that Steven Bouie and Debora1e L. Bouie Richardson the Plaintiff haS commenced an action in ___Cj,.y.it_l1gtJ..QI:L.:-__J;,gW________________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date ___~!.l.9.!!~L~}:.L~.9_Q.L_______ ._____________C~tJLs_fl~_~D!l__________________ . Proth~o~~ ~_2_~ Deput/--['-< lIr ~ ~uial ~'Ji, illIIDlBJ' ..~ ~ '.idi.lH,""J""'^.1lfii12f]~i -ll"""'-~'- 1;f,.1l~""""'" - . " < , I i; r i! F !1 f:JHtIlw:oc., ONI OCll ~ . ~ lIl' PI ~j ~I '-'0 I-'c.,;:l , 1'1-1 w' I N 1-1- (() 0 ~~ , W=#=l)l 2: ~. 1-'- , >1==>0'\0'0 0:: '0 I"'~:+ ~ 1-'- til-'G1 '0 -..J 1--11-1 ~ I-' I cQ PI . 'I (Xl NcQ ::r ~ ti - 1:-' C 11Il N t'V... ::s fi' OCll " H ,,-, > (Xl ":l (\) 'Uti (5 I:'j .w S :g 8 ~ n- :>' 1-'- ~~ !1Il 1-'- 1-'~8 ~ 10 j ;:l "'- g I-'n- '-' tIl ,I-'- '-' ~I:'j 0 ~ '0:: I-'CIl Ul I I-' 'I-'- I-'n-Ul.o , ... '" :0 II-' 01-10' !~ 1:1 I ~ :'-3 (\) (l I-' (\) 1-'- w ~ I(i) n-PI I 1Il !g n- , 0 (\) I I Ul I CIl - , ~ , 'U , , 0 . ~ ',~" . -" . ""~iIlllIl!iI!IIU'J",,"~ ~ ~ . - " SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2000-05735 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOUIE STEVEN ET AL VS STOUGH ARLENE G R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STOUGH ARLENE G but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 11th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co 18.00 9.00 10.00 35.60 .00 72.60 09/11/2000 R.J. MARZELLA S~~~ .. ~ R. Thomas Kline Sheriff of Cumberland County & ASSOCIATES Sworn and subscribed to before me this /:;<:::- day of ~~ .2innJ A.D. * 1ro~;~ot~~. COUNTY OF VdRK - OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 28 EAST MARKET ST., YORK, PA 17401 ..... ... ..... . INStRUCTIONS .. ... ..... ..... PLEASE TYPE ONLY LI.NE 1 TO 12 .DONOT .PETACH ANY COPIES 1. PLAlNTlFFISI 2. COURT NUMBER 20-5735 Civil 4. TYPE OF WAlT OR COMPLAINT Steven Bouie, et. a1. 3. DEFENDANTI'%r1ene G. Stough Writ of Summons 5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. SERVE { ~ Arlene G. Stouqh ..". 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY, BORD, TWR, STATE AND ZIP CODE AT 21 Imoa1a Drive, Di11sburq. PA 17019-1350 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ~ DEPUTIZ it I 0 1ST ClASS MAIL 0 POSTED 0 OTHER NOW / ,20 _ I, SHERIFF OIK:l{@~~dO hereby.e . the sheriff of Y () rk COUNTY to exec I6!.4l1id_ rnal<Jilo ret ~t?ccording to law. This deputation being made at the request and risk of the piaintiff. ~ SHERIFF 0 Y. UNTY Cumberland 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASS1ST IN EXPEDITING SERVICE: OUT OF CDUNTY CUMBERLAND ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, atter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TY~MS ~N~ll~:~.~P: A~~8~EY I ORIGINATOR and SIGNATURE 3513 N. FRONT ST., HARRISBURG, PA 17110 12. ~END NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 10. TELEPHONE NUMBER 11. DATE FILED (717) 234-7828 8/21/00 CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF. DO NOT WRI1"E BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpirationlHearing Date or complaint as indicated above. J. LUDWIG 8/24/00 9/20/00 16. HOW SERVED: PERSONAL: RESIDENC SEE REMARKS Int. ~ :j.. 4'.AFFIRME a'l'.\a~~N~'m~;!l.L . ~ y EA. Notary Public 42. day ofS~. .., .c;;r}:. ~.aounty - .,'.:. ~,.....,;;"" Api -,~-l.~ rN~<?JARY 44. Signature of Dep. Sheriff 45. Signature of York County Sheriff . ILLIAM M. HOSE A~~ 9/7/00 46. Signature of Foreign County Sheriff R SIGNATURE 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK M Attorney 3. CANARY - Sheriffs Office 4. BWE . Sheriff's Office f'~.'1r::fN~ji*",~~~5L';" _ '-";;"'";,,,-";I-t;i!'ij!iji1>~~~~1tl:h'lt2i,ijt~H!I#(l1:'1~~'Ffj1f:-fJ?"!r~!,.;j;-';H,lf<i~j}!",%~I~~~_nlim: ~[lt:Al!':~ilJ1Ufi_~l.~~~",'$ffiifilfa.""""" ~ : :'k: "',,<,., OS 2T ldel h2 Qiii! 00, "1d t;,!I:IOA J:liHJfIS JO ]O!;:: li ~~:3/\,: ]~). d ~,n~' " COUNTY OF'YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 ;>-- 28 EAST MARKET ST., YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES SHERIFF SERVICE Fii!OCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PlAlNTIFF/s1 . .~, . '0'1 i:."U'i,,:;:., """..' ,a'i" 2. COURT NUMBER . 4. TYPE-OF WRIT OR COMPLAINT 3. DEFENDANJI~I .. C' - --r'-- SERVE .. AT 5. NAME OFJNOIVIDUALCOMPAN~ CO.HP.QRAI10N" ETC., TO ,~E8V!;_O.R OJ;;SC,F!IP1]o.~ OF..PROP1=RIT. rO.el:: LEV!.!;::!;>, ATl:AC;;JiE-O>eOR SQLQ" ~{ - .- ,- ;,; ,it'l-' 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT_NO" CITY. BORO. 1WP., STATE ANO, ZIP CODE """'~,..=; !~;-IVI:---!~ ,,i-:-c.ti:>:r:r:ura. 1"''''' [fL- '\' 7. INDICATE $awJCE:_ 0 PERSONAL 0 PERsoN H~.t:HARGE -J~l.DEPu:rIZ); ;-'H--iQ~,fF~_W~I.~ 0181 CLASS MAIL O'POSTI::D 0 OTH~A' NOW >_ ,20_ ILSHERfFF PF_YOI'lK CQUNT'!: PA, do hereby deputize the sheriff of .' 0r. -, CODNTY to -execute this writ and -make return thereof according to law. This deputation being made at the request imdJlsk OJ tnepfainmr - -. - -- ~- -~ -- - ~SHEFltFF OF YORKCOUNTY 8. SPECIAL Il'1SiRUcrIONS OR OTHER INFORMATION.THATWJLL /';SSIST IN EXPEDrTlNG SERVICE: C{;"T ,jF C'GUl ITY CU;,tBEHIAN[ ADV".NC::: FEE PArD 3Y CW-IBERLANDCCllli'rYSHERI.IT NOTE ONLY APPLICABLE ON WAIT OF EXECUTION: N.S. WAIVER OF WATCHMAN. Any deputy sheriff levying up,on-ol attaching any property under withln writ may leave same without a watc:hman, in custody of whomever is found in possession, after notifying perSOl1'of levy or attachm~mt. without liability on the part -of such deputy or the shariff to any plaintiff hereIn for any l,9ss, destruct/on, or removal of any property before sheriff's sale thereof. 9. TIPE NAMUND ADDRESS of ATTORNEY I OA1GtKlATOR'and SIGNATURE J!\N S. BARNL'I"l', ESQ. . 35d}1. FEOl<T ST. HARRISBURG, PA ]7,10 12. SEND No.nCE OF SERVICE COPY NAME AND ADDRESS BEJ.OW: (Thls_srea,mu:aLb!l'.c.Qmpleted If notice IS to be maifea)._ Clh.jBEFL\hID CC(!N'l'Y SHER I r'!? 10. TELEPHONE NUMBER 11. DATE FILED ~ , ~f - - _~ 7~C" ~c>:::.xJmr ~ .:~S.PACE~BELOW FORlI$E-C)F nil; $111:1'111"1" . DOHNOT WRITE BELOW THIS LINE 13. 1 acknowl~_dge receipt of the writ 14. DATE RECEIVED 15. ExplrationlHearing Date or complaint as Jndicated above. J. LUU\ii'': . ._"i ;..', I 16. HOW SER'iED, PERSO~A'c(" RESIDENCE ( f POSTED_c) POEI ) SHERtFF'S OFF I OTHER I SEE REMARKS ~ ? ~ "" 17.0 I hereby ~rtify and return a NOT FOUND because I am unabte_to lQC~jft.itl~,lTldjYklY;:l.I, company, etc. named above, (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERV~J LtST ADORESS_HE8.EJfJ'cJOJ_Sl:::lOWN_AB_QYE (Relationship to Defendant) 19. Date of SeNiee Int. 22. REMARKS 23. Advance Costs 40. Cost Due or Refund 41. AFRAMED and subscribed to before me this 7tJ.J 44. Signature of Dep. Sheriff 45. Signature of York County Sheriff 47. DATE 42. day of -:-:-jY'i'~~f"lP:-:R ,2o-]0_43~ .-.- PROTHO / NOTARY 48. DATE / -' 7-~" f ./ / " J). 1)7 ,j .) ... :>.1 ./ / 7 46l~~~at~~~i:orelgn 5tl. I ~CKN _ GE RECEIPT OF.Tl:lE S. HEB1EF-5 R~.T UR.~N.- SI._GN~.J1,)RE _u.-- ~~._, .~__~~ OF AUTHORIZED ISSUING AUTHQRITY AND TIILE _ - - :' _~ __ - - _ 1. WHlTE. Issi.iTrig AuthOJity,_ 2. PINK. Attorney 3. CANARY ~ S,tw1i,ffsJ:>Jfj~_~J:~EU1ftS.JJJU;.ft,_ ",-, ~ , j~, ;...,.~ ~~i. 49. DATE 51. DATE RECEIVED - .~ '.1" R. J. MARZELLA & ASSOCIATES, P.c. BY: Jan S. Barnett, Esqnire Pennsylvania Supreme Court I.D. No. 66122 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Steven Bouie Deborale L. Bouie Richardson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEVEN BOUIE and DEB ORALE L. BOUIE RICHARDSON, husband and wife, : Plaintiffs DOCKET NO. 00-5735 Civil Term vs. ARLENE G. STOUGH, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 defense 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 a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted. guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por ~ -' _ u . ,,- '~, abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su p esona. Sea avisado que si usted no se defiende, 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 pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUY A DlRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 R. J. Marzella & Associates, P.C. . ~ . = ,--', ,--~ '" <'," lflIii "' ~ ',~~'.:' ,,, 'I R. J. MARZELLA & ASSOCIATES, P.c. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 3513 North Front Street Harrisburg, PA 17110 Telephoue: (717) 234-7828 Facsimile: (717) 234-6l'll'l3 Attorneys for Plaintiffs, Steven Bouie and Deborale L. Bouie Richardson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEVEN BOUIE and DEB ORALE L. BOUIE RICHARDSON, husband and wife, : Plaintiffs DOCKET NO. 00~5735 Civil Term vs. ARLENE G. STOUGH, Defendant JURY TRIAL DEMANDED COMPLAINT Parties to the Action: 1. Plaintiffs Steven Bouie and Deborale L. Bouie Richardson, husband and wife, are adult individuals residing at 724 Alberta Avenue, Mechanicsburg, Pennsylvania 17055. 2. Defendant Arlene G. Stough is an adult individual residing at 21 Impala Drive, Dillsburg, Pennsylvania 17019-1350. . -'., ,--,n' -, ". -,' '".. Summary ofthe Causes of Action: 3. On December I, 1999, Plaintiff Steven Bouie was occupying a 1998 Mazda MPV in the parking lot at the Camp Hill Mall in Cumberland County, Pennsylvania. 4. At the same time, Defendant Arlene G. Stough was operating a motor vehicle also in the Camp Hill Mall parking lot. 5. On December I, 1999, due to the negligence and carelessness of the Defendant, Plaintiffs vehicle was struck in the rear by the Defendant's vehicle, causing the Plaintiff to sustain the injuries set forth below. 6. Following the impact with Plaintiffs vehicle, Defendant did not stop her vehicle, but instead drove away and entered the public roadways and thoroughfares of the Commonwealth. 7. Mr. Bouie followed the Defendant after the impact, and finally was able to flag her to a stop approximately three blocks from the Camp Hill Mall parking lot, where the impact had occurred. 8. Upon Mr. Bouie's questioning of her after she stopped her vehicle, Defendant stated that, although she knew she had hit a vehicle in the parking lot, she did not stop because she was unaware that anyone was in the vehicle that she had hit. 9. Defendant's conduct in striking Plaintiff's vehicle containing the Plaintiff therein, and driving away without an exchange of information, or even to check on the Plaintiffs injuries and/or render assistance, constitutes a willful and wanton disregard of the health, safety and welfare of persons in Plaintiff s position, in direct contravention of . -''-' . - 'iMi, the statutes and laws of the Commonwealth of Pennsylvania, and warrants the award of punitive damages. 10. Defendant's conduct in abandoning the accident scene evidences an evil intent, and demonstrates willfulness and wantonness in causing the Plaintiffs injuries described below, and warrants the award of punitive damages. COUNT I STEVEN BOUIE vs. ARLENE G. STOUGH Negligence II. The allegations contained in Paragraphs I - 10 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 12. The negligence and carelessness of the Defendant consisted of: (a) Operating her vehicle at an excessive rate of speed under the circumstances; (b) Failing to have her vehicle under proper and adequate control; (c) Failing to apply the brakes of her vehicle in time to avoid the collision; (d) Negligently applying the brakes of her vehicle; (e) Failing to ob3erve the Plaintiff's vehicle in the parking lot ofthe Camp Hill Mall; (f) Failing to operate her vehicle in accordance with existing traffic conditions and traffic controls in the Camp Hill Mall parking lot; . " . , ", '".:;I (g) Failing to keep a reasonable lookout for other vehicles lawfully in the Camp Hill Mall parking lot; (h) Operating her vehicle in a manner not consistent with the road and weather conditions prevailing at the time; (i) Failing to yield the right-of-way to Plaintiff; G) Failing to check on any injuries caused to Plaintiff by the impact with her vehicle, or to exchange identifYing information as required by the laws of the Commonwealth, in disregard to Plaintiffs health and welfare and in direct contravention to the laws of the Commonwealth; and (k) Otherwise operating her vehicle in a negligent and careless manner so as to cause an impact with the Plaintiff s vehicle. 13. The impact between the vehicle driven by Defendant and that occupied by Plaintiff was caused by the negligence and recklessness of the Defendant, and in no way was caused by the Plaintiff. 14. As a result of the aforementioned impact caused by Defendant, Plaintiff Steven Bouie suffered severe injuries which include but are not limited to: (a) A cervical strain/sprain; (b) Nerve and muscular injuries; ( c) Further injuries to the neck, back, shoulders and upper extremities. 15. As a result of the injuries sustained on December I, 1999, Plaintiff Steven Bouie has nndergone in the past, and will in the future continue to suffer great pain and suffering. . '''' "..~, 16. As a result of his injuries, Plaintiff Steven Bouie may have suffered a permanent disability and a permanent impairment of his earning power and capacity. 17. As a result of his injuries, Plaintiff Steven Bouie may have sustained a permanent diminution in the ability to enjoy life and life's pleasures. 18. As a result of his injuries, Plaintiff Steven Bouie has incurred medical expenses, and may incur such expenses in the future. WHEREFORE, Plaintiffs demand judgment of the Defendant in an amount in excess of $25,000 (Twenty-Five Thousand Dollars) and in excess of the amount requiring compulsory arbitration, and requests punitive damages as well. COUNT II DEBORALE L. BOUIE RICHARDSON vs. ARLENE G. STOUGH Loss of Consortium 19. The allegations contained in Paragraphs 1-18 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 20. As a result of the injuries sustained by her husband, Plaintiff Deborale L. Bouie Richardson has been and will be deprived ofthe assistance, companionship, consortium and society of her husband, all of which have been and will be to her great damage and loss. ~" ,,- ""' ,,', ""- i'li WHEREFORE, Plaintiffs demand judgment of the Defendant in an amount in excess of $25,000 (Twenty-Five Thousand Dollars) and in excess of the amount requiring compulsory arbitration. R. J. Marzella & Associates, P.C. . " " _,d p~- - ~ '(.Ii> VERIFICATION We, Steven Bouie and Deborale L. Bouie Richardson, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: q-B~oC) Dated: q - B -00 Steven Bouie . = ,~--- " '> ;-' --- "~,, '.'-' ",'- . CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all parties of record this / 3.~ day of ~ ' 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Arlene G. Stough 21 Impala Drive Dillsburg, PA 17019-1350 R. J. MARZELLA & ASSOCIATES, P.C. By #,/.~r{ J S. arnett ~"""""'" '-~~"~~.~' ..~,"~_." ,.,,"~.~""~ ~ ~ ".L~ , - N , ..- ,V-' r ~ I:' \r'i Ie ,l"! " I' I: f,: ! ~: " :'1 ", Iii I'.'.....i ;;! ;'1 i JI 11 " " ;1 .1 ~ "I I I Q r? 0 c. C! '-n -c~t (n ,-\ ("\'1 :~; :rJ ~~\~\ .." ,"r: - .-"'8 'f-~"';" IX> ..;::'1 ~oZ- 69 12CJ ?' ~o >:J;\ >':0 :;J::: (~C) bO ~ 5f\"\ :Pc. ~ -r .,.. ~ ~ t.:> - .J .__ JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE I.D.#32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 445-18812-JGD/h STEVEN BOUIE and DEBORALE L. BOUIE RICHARDSON, husband and wife : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW V. : DOCKET NO.: 00-5735 Civil Term ARLENE G. STOUGH : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for Defendant, Arlene G. Stough, in the above captioned matter. EVLIN & ASSOCIATES, P.C. BY: DATED: October 10, 2000 II '" J,; .-.... JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE 1.0. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 445-l88l2-JGD/h STEVEN BOUIE and DEBORALE L. BOUIE RICHARDSON, husband and wife V. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CNIL ACTION - LAW : DOCKET NO.: 00-5735 Civil Tenn ARLENE G. STOUGH : JURY TRIAL DEMANDED DEMAND AND PERFECTION OF DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Answering defendant, Arlene G. Stough, hereby demands a trial by jUl)' by 12 individual men and women, and hereby perfects her demand for jUl)' trial by the payment of the jUl)' trial fee. BY: VLIN & ASSOCIATES, P.C. ORN GERARD DEVLIN, ESQUIRE Dated: October 10, 2000 ----1J " ~~_,i"",^,"-," ""'~~Mi- ,,," "- ,-" ..0', ~ " ~ .'" 7"-" "",_." ~~ , ,"_~. lIillbiii. ,,~ ~", -~ "~ ' o -u~f, rflrl" ~~; l.2C.' ::'';G ~;-:::C; yc -v ~ -< - -I~' ^ .~~ C:',} C? a ~.'') ""~ - -'~;' t, ..- . 'a. "; Ii! [,' Iii i t:: Ii! i -" ,~ --0 ...:0." t:-? ~~ :r.J -< N --- -,-",,,,, JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE 1.0. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 445-l88l2-CWS/h STEVEN BOUlE and DEBORALE L. BOUIE RICHARDSON, husband and wife V. ARLENE G. STOUGH To Parfes: You ar hereby notified to plead to the enclose New Matter within twenty (20) days fr m the service hereof or a default judgm t may be entered against you. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET NO.: 00-5735 Civil Term JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, ARLENE G. STOUGH Defendant, Arlene G. Stough, by way of answer to the Complaint avers as follows: I. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 2. Denied. The allegations contained in this paragraph contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 3. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth ofthe allegations contained in this paragraph. Strict proof of same is demanded at time of trial. \ :1 II II 4. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 5. Denied. All allegations regarding negligence or carelessness on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 6. Denied. It is specifically denied that answering defendant, Arlene G. Stough, did not stop her vehicle. Strict proof of same is demanded at time of trial. 7. Denied. All allegations regarding any activities on the part of answering defendant, Arlene G. Stough, as averred in paragraph 7 of the Complaint are deemed to be specifically denied and at issue. Strict proof of same is demanded at time of trial. 8. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 9. Denied. All allegations regarding any actions or omissions on the part of answering defendant, Arlene G. Stough, constituting a wilful or wanton disregard of the rights of other persons are deemed to be specifically denied and at issue. Strict proof of same is demanded at time of trial. 10. Denied. It is specifically denied that answering defendant, Arlene G. Stough, abandoned the accident or evidenced any evil intent or willfulness or wantonness in causing any injuries to the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendant, Arlene G. Stough, demands that judgment be entered in her favor. COUNT I 11. Answering defendant, Arlene G. Stough, incorporates by reference her response to the allegations contained in paragraphs 1-10 of the Complaint as ifsame were fully set forth herein at length. I 1\ II 12. Denied. All allegations regarding negligence or carelessness on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 13. Denied. All allegations regarding negligence or carelessness on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 14. Denied. All allegations regarding negligence on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 15. Denied. All allegations regarding negligence on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 16. Denied. All allegations regarding negligence on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 17. Denied. All allegations regarding negligence on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. I II 18. Denied. All allegations regarding negligence on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. Ii I~~.- If) WHEREFORE, answering defendant, Arlene G. Stough, demands that judgment be entered in her favor. COUNT II 19. Answering defendant, Arlene G. Stough, incorporates by reference her response to the allegations contained in paragraphs 1-18 of the Complaint as if same were fully set forth herein at length. 20. Denied. All allegations regarding negligence on the part of answering defendant, Arlene G. Stough, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendant, Arlene G. Stough, demands that judgment be entered in her favor. NEW MATTER 21. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. Section 7102. 22. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 7S Pa. C.S.A. Section 1701, et seq, including all claims for services and accommodations for: a) professional medical treatment and care; b) emergency health services; c) medical and vocational rehabilitation services; d) work income losses, past, present or future, and any and all other economic losses. 23. If there be ajudicial detennination that Pa. R.C.P. 238 is constitutional, said constitutionality being expressly challenged as in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. Section 1983; Article I, Sections I, 6, 11,26; and Article V, Section lO(c) of the Pennsylvania Constitution, then liability for any interest imposed by the Rule should be suspended during the period of time that plaintiffs: ,[ II a) fails to convey to the defendant a settlement demand figure; b) delays in responding to Interrogatories; c) delays in responding to Request to Produce; d) delays in producing plaintiffs for a deposition; e) delays in producing plaintiffs for a physical examination; f) delays in any other discovery request made by the defendant, and, as a result of any delay, the plaintiffs should be estopped from obtaining interest because of any violation of the Discovery Rules. 24. At the time of the alleged motor vehicle accident, plaintiffs were occupants and/or the operator of a motor vehicle insured under or meeting the requirements of the Pennsylvania Financial Responsibility Law, 75 PA. C.S. Section 1701, et ~., or in the alternative, was involved in an accident with such a motor vehicle: a) Pursuant to the Pennsylvania Motor Vehicle Responsibility Law, 75 PA. C.S. Section 1701, et ~., plaintiffs recovering any and all first party benefits to which plaintiffs are entitled under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 PA. C.S. Section 1701, m~. b) Plaintiffs claims and actions are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act, 42 PA. C.S. Section 7102, et~. c) Plaintiffs' claims are barred in whole or in part by plaintiffs' signed waiver of the right to sue made effective through the Act VI Amendments to the Vehicle Financial Responsibility Law. d) Plaintiffs' claims are barred in whole or in part by an election of the limited tort option, or in the alternative, by the operation of law, and shelhe is deemed to have selected limited tort option. e) Plaintiffs lacks standing to sue for property damage to the vehicle he was operating. 25. Any damages or injuries which may have been sustained by the plaintiffs were the result of an unavoidable accident insofar as the answering defendant is concerned. 26. Any itUuries or damages allegedly sustained by plaintiffs were caused through the sole negligence ofthe plaintiffs. 27. There was no willfulness involved in any of the events involving the factual basis upon which this suit has been instituted. II 28. The claims ofthe plaintiffs are barred and/or limited by reason ofthe statute oflimitations, inasmuch as suit was not instituted and service of process was not made within the applicable limitations period. 29. Negligence, if any, on the part of the answering defendant, was not the proximate cause of any damages or injuries which may have been sustained by the plaintiffs. 30. The Complaint fails to state a claim upon which relief can be granted as against the answering defendant. 31. The answering defendant was free of any and all negligence. 32. Any damages or injuries which may have been sustained by the plaintiffs were caused through the sole negligence of a third party or parties over whom the answering defendant exercised no control. WHEREFORE, answering defendant, Arlene G. Stough, demands that judgment be entered in her favor. Respectfully sub itted, JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE !.D. #32858 100 Pine Street, Suite 300 Harrisburg, P A 17101 (717) 720-0700 Our File Number: 445-18812-CWS/h STEVEN BOUIE and DEBORALE L. BOUIE RICHARDSON, husband and wife : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW V. : DOCKET NO.: 00-5735 Civil Term ARLENE G. STOUGH : JURY TRIAL DEMANDED COUNTY OF CUMBERLAND SS COMMONWEALTH OF PENNSYLVANIA I, John Gerard Devlin, Esquire, being duly sworn according to law, hereby deposes and says that he is the attorney for defendant, Arlene G. Stough, in the above-captioned matter, that insufficient time exists to secure signature of defendant to an affidavit, and that the facts contained in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief. JOHNG DEVLIN, ESQUIRE Dated: October 18, 2000 JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE 1.0. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 445-18812-CWS/h STEVEN BOUIE and DEBORALE L. BOUIE RICHARDSON, husband and wife : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW V. : DOCKET NO.: 00-5735 Civil Term ARLENE G. STOUGH : JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, John Gerard Devlin, Esquire, counsel for defendant, Arlene G. Stough, hereby certifies that on October 18, 2000, he faxed and mailed by First Class Mail, postage prepaid a true and correct copy of Answer and New Matter to all interested parties as listed below: J an S. Barnett, Esquire RJ. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, P A 1711 0 : JOHN GERARD EVLIN & ASSOCIATES. P.c. JOHN GE Counsel fo Arlene G. DEVLIN, ESQUIRE efendant ugh BY: Dated: October 18, 2000 -, " ~'ili'" ~ biI!Il,--...,ilI~!ll.'ilIil&ll'-'-N-'.,""""'- ';'""'-=id"':;"",,,,,, ~::, "" ,r, '''c.. ~,- ,n" -Ol"" en,. , /::,. Z~,_ U)o ~;l.,-i ~:::,'. ~:::.:.. ; n'_, ~>~~ :::::j -< (.~ " c:: fi Ij ri 11 ci; I;: !; 1';: I' (" H! ~j! U' H: ~! i Ii ':-:! :,n~ ...-,! l,-J C.:.:.' :..> L.) -- ~ -, ,-~. _, =1 __'C-,_ ..~ ,". '. , -, ,- '<-'.. '~ ,,,,.., , '-, "'-, ,-- ',."'.", , '""it R. J. MARZELLA & ASSOCIATES, P.c. BY: Jan S. Barnett, Esqnire Pennsylvania Snpreme Conrt I.D. No. 66122 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-611113 Attorneys for Plaintiffs, Steven Bouie Deborale L. Bouie Richardson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEVEN BOUIE and DEB ORALE 1. BOUIE RICHARDSON, husband Q::td wife, : Plaintiffs DOCKET NO. 00-5735 Civil Term vs. ARLENE G. STOUGH, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER Plaintiffs Steven Bouie and Deborale 1. Bouie Richardson, husband and wife, by and through their attorneys, R. J. Marzella & Associates, P.C., file the instant Reply to New Matter: 21-23. The allegations contained in Paragraphs 21-23 of Defendant's New Matter constitute conclusions of law to which no response is required. 24. The allegations contained in Paragraph 24 of Defendant's New Matter constitute conclusions of law to which no response is required. To the extent such allegations contain facts, the same are denied for the reasons stated in Plaintiffs' . , "".' ~' ".:. . ,'~ ~ - -' ,.- . ~b,' ^~ -'"'-" , Complaint. Furthermore, the allegations contained in sub-Paragraph (a) are denied in that they are entirely nonsensical, and appear to be an incomplete and erroneous statement of Pennsylvania law. 25. The allegations contained in Paragraph 25 of Defendant's New Matter constitute conclusions oflaw to which no response is required. To the extent such allegations contain facts, the same are denied for the reasons stated in Plaintiffs' Complaint. 26-27. The allegations contained in Paragraphs 26-27 of Defendant's New Matter are mere denials of the allegations contained in Plaintiffs' Complaint, are therefore wholly inappropriately asserted as New Matter. To the extent a response is deemed to be required, these allegations are specifically denied. 28. The allegations contained in Paragraph 28 of Defendant's New Matter constitute conclusions of law to which no response is required. 29. The allegations contained in Paragraph 29 of Defendant's New Matter are mere denials ofthe allegations contrrined in Plaintiffs' Complaint, are therefore wholly inappropriately asserted as New Marter. To the extent a response is deemed to be required, these allegations are specifically denied. 30. The allegations contained in Paragraph 30 of Defendant's New Matter constitute conclusions of law to which no response is required. " ~,'-'-, .~-. ;" c' ~, .. e;)~ -"" 31-32. The allegations cont"ined in Paragraphs 31-32 of Defendant's New Matter constitute conclusions of law to which no response is required. Furthermore, these allegations are mere denials ofthe allegations contained in Plaintiffs' Complaint, and are therefore inappropriately asserted as New Matter. WHEREFORE, Plaintiffs respectfully request that Defendant's New Matter be dismissed, and judgment entered in Plaintiffs' favor. R. J. Marzella & Associates, P.c. Dated: (D-/C}-07J ~"""':kl ,,~ '~" ~, ~,.,' - . ^ ~ CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all parties of record this I q-#. day of O~ , 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 R. J. MARZELLA & ASSOCIATES, P.C. BYrJ"~ . Barne ;> '< :-; _ ~ l - '8a"~"'.' ''''-~'''~~ " lll~~ '~~., .,~ . .,~ ,<';' ....'~ lIlIIIIIiIIiI- ,~ - I .'1 "I 1:11 , I,: :il II '..1 t' I I n C:;i ~~ ! c C) I ..' C~') -a c') I ~? b",-l ; C'j i~'-,i CW - ::;~ OT) , . L- ,- ::t;: ~3~ (.:.J ~d ~.::; "0 CD -< I V -< . , ~~" ,-' ..-,--.,~' '[,,, ~ ".-' '" . ,-"",-, ~" -"11 \; R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Steven Bouie Deborale L. Bouie Richardson IN THE COURT OF COMMON PLEAS OF CUMBERL:\ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEVEN BOUlE and DEBORALF L. BOUlE RICHARDSON, husband and wife, : Plaintiffs DOCKET NO. 00--5735 Civil Term vs. ARLENE G. STOUGH, Defendant JURY TRIAL DEMANDED PRAECIPE TO MARK DOCKET AS SETTLED, DISCONTINUED AND ENDED WITH PREJUDICE TO THE PROTHONOTARY: Please mark Cumberland County Civil Action Number 00--5735 Civil Term SETTLED, DISCONTINUED and ENDED, with prejudice. Respectfully requested, R. J. Marzella & Associates, P.c. Dated: 1;2 -ICJ r 07J ,.' ,'~" .,",--, ~ -"~' '--". ,'.'. "'~ lrll~i CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all parties of record this j# day of Cj)e~, 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: C. \VilIiam Shilling, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 R. J. MARZELLA & ASSOCIATES, P.C. BY~ J . Barnett