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HomeMy WebLinkAbout99-02628 ,", C'J Et; '" ,~. lJ ,C-, "4 r l~_ C:l . ',.:". r' i..... C~) I - I I: (") C~ . t J. ~ ~. .. I i'L t! , :- ~- - u. C', 0 0'\ "- t-- =:j.- () ~."; :..~Jg~' ..'jj) I ~~ 5~ '" .' rc " :::j o 1 ~ ~~ ~'\ , '~~' \l ., \ \f I \\ '\ "\ \ to ~~ ~) ~ \~ .~ ~\ "'J :~ I') .~ ~ o oj \}J '\ ". \~ ~. \ ,..~ ::: ~ 0- ffi-'"": - -0'" - Wr--...r-.....ao ~~ .- ~~-~::; -~ --;.:C~M QJ )(..........N ~ ~ 0 -M r:::- ~ rA ~ ~~12: ~.J ............ l::- 0 00 C"') 0 u.. ~~ J: , I . '" - I'- ~ 'tl I'- .-/ ~ ION 0. .-/ <ll 0 I'- . 4-l E-< . '" C'1 = 8J 00 .... 'E~ID~ .- 0 .... .-/ C'1 ~ '" Ifl .-/ c: .... .-/ a .0-. I'- e- .... > 107Et:~ 'tl <llO IJ1 .-/00 .-/ 10 .... ~ fij fij~ 0 .~ .-/Ifl E ~ u :>.::> ~ , 81'-' <l:O ~ Q).c ~ .. ...:l c: JJ,.... 0..; 0 00 ~~ ~.[ ~:>.I ~ c: c: I-< o[ll I'- 0 -< I-< N 0 <ll a:2 .-/-N .B "', "' <ll .... :r: .....-/ Cl , N, c: "' . tIJ .... . g' . :>.~ >< ~ ~ " .... I-< :;1C: <ll (J, ~ "" 10 .~ '" ~ 'iri .0:' ~EO:<ll~S7EN 0-., .8:>' CIl , Ei , ~ ,~ fij '" ..< ~i g c:"' Ei ....~ , .-j .-/ <ll ~ 0 . ~ I'- B . ~ Ifll-< ~ ,~;i; 8 >. fij"' ...."'0 .-/ I (~~~ ...~ t {f .....-/. I'- .... ~ U)li.!N U' :r: ..,.o:C'1"":r:~ .0: , , ~~ SHERIFF'S RETURN - REGULAR CASE NO: 1999-02628 P COMMONWEAI,TH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOWREY BARBARA ET AL VS. KINSEY SUSAN ET AL JODY SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KINSEY EARL the defendant, at 9 :08 HOURS, on the 12th day of May 1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to EARL KINSEY a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Coste, Docketing Service . Aff idavi t Surcharge 6.00 .00 .00 8.00 So anl!we'rs': ..-__. ;?":~~.-!~d~" 1(:' Ihomas II.l~ne.l ::;her~ff HAI1DLER.l HENNING & ROSENBERG 05/13/1~99 by /~) I ~' . / I ( od.Lf /Y){V\ 'f lJ~U Y ::;hen if :;;l'l.UU Sworn and subscribed to before me this I,E!-' day of "Jtr~<, I 19 99 A.D. . I , . ~rL- ~1"IT51Mk5t*4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARBARA M. MOWREY and TERRY MOWREY. her husband Plaintiffs Civil Action-Law v. No. 99-2628 SUSAN KINSEY and EARL KINSEY Jury Trial Demanded Defendants. PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon Barbara A. Mowrey and Terry Mowrey. Plaintiffs. to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non- pros. , LKINS. ESQUIRE .36208 Dated: I /;)q fie; NOW. AI.( C. (.r.d --~ I .1999. RULE ISSUED AS ABOVE. J.r/ {J 1/1 -:Iz .1' -> ~~ . I I PROTHONOTARY c;-- BY~c..,...o 90'Jh1"YLJ DEPUTY ~ . ,- Cl '" L; ~ .. ~ '" M . 0 ~ '" > M .1 ~ . ~ . IfJ ..., ~ ~ !:I '" ~ ~ p - ~ ~~ h . :5 ~..,; VI . ~ z ,., or z , ;. t1 0 t ~:~ '" > z' - ij; ~ " (a) In failing to be reasonably vigilant to observe position of the Terry vehicle on the roadway; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before striking the Terry vehicle; (c) In failing to operate her vehicle under proper and adequate control in order that she could avoid striking the Terry vehicle; (d) In failing to operate her vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance ahead, in violation of75 Pa.C.S.A. 93361; ( e) In failing to operate her vehicle at a speed that was safe for existing traffic and road conditions, in violation of75 Pa.C,S.A. 93361; (I) In failing to maintain proper and adequate observation of the traffic conditions then and there existing; and (g) In failing to exercise the high degree of care required of an operator of a motor vehicle entering and/or approaching an intersection. J 5. As a direct and proximate result of the negligence of Detendant, Susan A. Kinsey, the Plaintiff, Barbara A. Mowery, has suffered extensive and serious personal injuries, including, but not limited to, moderate narrowing ofC4-5 and C5-6, pain in the neck, both trapezius, thoracic, and lower back, and headaches, 4 16. As a result of the negligence of Detcndant, Susan A. Kinsey, the Plaintift; Barbara A. Mowery, has suffered great physical pain, discomfon, and mental anguish, and will continue to endure the same for an indetinite period of time in the future, to her great physical, emotional, and financial detriment and loss, 17. As a resll't of the negligence of Defendant, Susan A. Kinsey, the Plaintiff, Barbara A. Mowery, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 18. As a result of the negligence of Defendant, Susan A. Kinsey, the Plaintiff, Barbara A. Mowery, has been compelled, in order to afiect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss, 19. As a result of the negligence of Dctendant, Susan A. Kinsey, the Plaintitl; Barbara A. Mowery, has been, and probably will inlhe future be, hindercd from allending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 20. As a result ofthc ncgligence of Defendant, Susan A Kinsey, the Plaintiff, Barbara A, Mowcry, has suffered a loss oflile's pleasurcs. and will continuc to endure the same in the future, to hcr grcat dctrimcnt and loss s >- ,- (: ~ '" ,-.. ,.- ~.:- C1 1 .:f" U .1. " r) ::;~ t._~ l"~, ./'.. , .' (I. ;,. 0... ::-j '-IMi' r'-") , ( )., '( '.' '" '- (:'J ( . '. Ll.' l' .. 1 . ;", ,. f~. . !.-'~ , ;J ,U 1 r. ~;: ! ; I {.l- \ i Ll_ en "j 0 en 0 I i co o 0- ~ - N l1l........r....Oa .::r--..,....OC"') L/1- 0, __~N'" J1Xl\;;cOM .... 0 ..C"')N ..g co e'N R .<:; . :::1-""- .....O..o~'" ~ ~ - Me.: 'E~)( o 0 :r: u., . information sufficient to form a belief as to the truth or veracity of these allegations, the same are denied, and strict proof thereof is demanded. 16. Denied. It is specifieally denied that the Defendant, Susan A. Kinsey, was negligent in any manner, On the contrary, at all times relevant hereto, Defendant Susan A. Kinsey acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thereof is demanded. The remaining allegations contained in Paragraph 16 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of these allegations, the same are denied, and strict proof thereof is demanded. 17. Denied. It is specifically denied that the Defendant, Susan A. Kinsey, was negligent in any manner. On the contrary, at all times relevant hereto, Defendant Susan A. Kinsey acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thereof is demanded. The remaining allegations contained in Paragraph 17 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of these allegations, the same are denied, and strict proof thereof is demanded. 18. Denied. It is specifically denied that the Defendant, Susan A. Kinsey, was negligent in any manner. On the contrary, at all times relevant hereto, Defendant Susan A. Kinsey acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thercof is demanded. The remaining allegations contained in Paragraph 18 are denied because after reasonablc investigation, Defcndant is without knowledge or information sufficient to form a belief as to the truth or veracity of these allegations. the sanle are 4 denied, and strict proofthereofis demanded. 19. Denied. It is specifically denied that the Defendant, Susan A. Kinsey, was negligent in any manner. On the contrary, at all times relevant hereto, Defendant Susan A. Kinsey acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thereof is demanded. The remaining allegations contained in Paragraph 19 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of these allegations, the same are denied, and strict pruofthcreofis demandcd. 20. Denied, It is specifically denied that the Defendant, Susan A. Kinsey, was negligent in any manner. On the contrary, at all times relcvant hereto, Defendant Susan A. Kinsey acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thereof is demanded. The remaining allegations contained in Paragraph 20 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of these allegations, the same are denied, and strict proofthcrcofis demanded. 21. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of these allegations, the same are denied, and strict proof thereof is demanded. WHEREFORE, Defendant Susan A. Kinsey respectfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff, Barbara A. Mowcry, together with interest plus costs of suit. 5 il; .:r ?; ~ if. g "'I"!. :..:.,)<<"'" ,,, ,;' 13 (~ \J,j ".' ();,:~ .. (,":" :r':: (""-' " ~ j.::- ~ C:" ' "- Cj:::J 0 ~ (".)(.: ~ > ~ ~ '" ".'~- ~ "'t e, -..:(~::,~ 0 C,li,:' ~ '" " ~ N 'Ii":":; ;i ffi l':.. I ~ .' ~ , ~ t'_ '';,)11.1 ~ :! g z u " ~.l ,~~(~ ~ z ~ 1": Ul ~ ~ ~ , ~ !.l. 0' 0 5 Ii ~ z 0 0'" ~ z ~ ~ ~ \.! .; ~ ~ ~ Vl z' g ii' " . 34. Denied. This is a conclusion of law to which 110 response is required. Should any allcgation thercin be deemed factual in nature. said allegations arc spccil1cally denied. 35. Denied. This is a conclusion of law to which no response is rcquired. Should any allegation thercin be deemed factual in nature. said allegations are specil1cally denicd. WHEREFORE, Plaintiffs, Barbara A. and Tcrry Mowcry, respectfully request that this Honorable Court enter Judgement in their favor and against Delendant. HANDLER, HENNING & ROSENBERG, B}'" ~ O~ James . Carroll, Esquire r (D. . 75895 Market Street P.O. Box 1177 Harrisburg, P A 17108-1177 (717) 238-2000 >- u> ~ U' .' -, j::~ ~ ::'5...-1" u..;(-~ C)=.;) <,.. :-r: (""':" G: ~..' .- ::..-- 't.,.\ 0- ":1;.:3 S}(-' .;. ~- - ::;~~2 C";I. N u,(' ~~f C'_ .):z u_ ~.. "J _.nu ., '<~u... I." <.n II. 0" ::; 0 0' U '" z ~ ~. ~ ("() ':- <l (); 1-' .. i.~ ~ '" R (,.!I ;~.'~ Z:; 0 - '" > ~ ( 'i" > . ... '-'t;: ~ . ~ 0 z ,,~. '" '" ffi (); .~::' ;~~! I! z' r < < ~ z I":: 0:> "'(1) ~ '" < , ();.; ~ z ~ ~ w r > - S ~ a '" ' '_Ji'iJ 0' z ~':" W '" z ~.:1u... ~ ~ J ~ ~ ':, -'" u ~. (~! \:'~) ::> ~ ~ - 0 (,;,) C) '" > z' ~ ~ ~ ii' " .. .....