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Home My WebLink About99-04525 #,.a ?'3 u hli. GEORGE RAY BROOKS and CINDY A. BROOKS, Plaintiffs V. NATHAN D. STRAUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 q- o yz S'?CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a writ of summons in the above-captioned action. . gco/);47? A*'40t' R. Mark Thomas, Esquire Attorney for Plaintiffs 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 GEORGE RAY BROOKS and CINDY A. BROOKS, Plaintiffs v. NATHAN D. STRAUB, Defendant To: Nathan D. Straub 6 Cardinal Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO• 94 . y ?' CIVIL TERM CIVIL ACTION - LAW WRIT OF SUMMONS You are hereby notified that George Ray Brooks and Cindy A. Brooks have commenced an action against you. Prothonotary 0 ?n a` d J V ? c; ' J I: IIU ?1 ? irr ?) SHERIFF'S RETURN - REGULAR CASE NO: 1999-04525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROOKS GEORGE RAY ET AL VS. STRAUB NATHAN C J. MICHEAL ICKES , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STRAUB NATHAN D the defendant, at 12:59 HOURS, on the 30th day of July 1999 at 6 CARDINAL DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to STEVEN STRAUB (BROTHER) a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Z Service 3.10 Affidavit .00 Surcharge 8.00 $ R-T omas ine, eri ARK T9OMAS P 5?-08/M 02/199 by aaA ep y r Sworn and subscribed to before me this ' An A day of 19qCf A. D. ro ono ary? ,?,?? GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, CIVIL ACTION-LAW and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 defenses 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 other 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 Lawyers Referral Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 TO: NATHAN D. STRAUB, MINOR and HIS GUARDIAN, SUSAN C. STRAUB: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LdCyq PETER J. Russo R. MARK THOMAS, ESQUIRE PA Supreme Court ID: 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, and HIS GUARDIAN, SUSAN C. STRAUB, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COME, the Plaintiffs, by and through their counsel and make the within Complaint against Defendants as follows: Plaintiffs, George R. and Cindy A. Brooks, are adult individuals residing at 130 West North Street, Carlisle, Cumberland County, PA 17013. Defendant, Nathan D. Straub, is a minor individual residing at 6 Cardinal Drive, Cumberland County, Carlisle, PA 17013. Defendant, Nathan D. Straub, resides with his mother Susan C. Straub, Defendant, Susan C. Straub, is an adult individual and guardian of Nathan D. Straub, residing at 6 Cardinal Drive, Cumberland County, Carlisle, PA 17013. 5. At all times material to this action, Plaintiff, George R. Brooks, Jr., was a pedestrian. 6. At all times material to this action, Defendant, Nathan D. Straub, was operating a 1988 Ford Escort owned by Defendant, Nathan D. Straub, and bearing Pennsylvania registration number AXY8447. 7. At all times material hereto, there were no adverse weather conditions at the time of the accident. 8. On March 4, 1999, at approximately 7:24 p.m., Defendant, Nathan D. Straub, was traveling East in the left lane of West High Street. 9. On March 4, 1999, at approximately 7:24 p.m., Plaintiff, George R. Brooks, Jr., was crossing West High Street in or near the crosswalk at the intersection of Pitt Street in a southerly direction when suddenly and without warning he was struck by the vehicle driven by Defendant, Nathan D. Straub. 10. On March 4, 1999, at approximately 7:24 p.m., as a result of being struck by the vehicle driven by Defendant, Nathan D. Straub, Plaintiff, George R. Brooks, Jr., was thrown onto the hood of the Defendant's vehicle and crashed his head through the windshield on the passenger side of the vehicle. 11. As a result of being struck by the vehicle driven by Defendant, Nathan D. Straub, Plaintiff, George R. Brooks, Jr., was carried on the hood of the vehicle until it came to a stop approximately XX feet from the point where the Plaintiff was initially resulting in Plaintiff being thrown off of the hood and onto the center of the roadway at approximately the double yellow line. 12. As a direct and proximate result of the negligence of Defendant, Nathan D. Straub, Plaintiff, George R. Brooks, Jr., has suffered serious bodily injury as set forth in full hereinafter. COUNT1 BROOKS v. STRAUB 13. Plaintiff, George R. Brooks, Jr., incorporates and makes a part of this Count paragraphs 1 through 12 of this Complaint as if fully set forth. 14. The occurrence of the aforesaid accident and the injuries to Plaintiff, George R. Brooks, Jr., resulting therefrom were caused directly and proximately by the negligence of the Defendant, Nathan D. Straub, generally and more specifically as set forth below; (a) In failing to apply the brakes in time to avoid a collision with the plaintiff; (b) In failing to have the vehicle under proper and adequate control; (c) In failing to observe the plaintiff on the highway; (d) In failing to keep a reasonable lookout for pedestrians lawfully on the road; (e) In failing to yield the right-of-way to a pedestrian already upon the highway; (f) operating his motor vehicle at an excessive rate of speed; in failing to stop, slow or swerve his motor vehicle when he knew or should have known that by failing to do so he would strike the Plaintiff; (g) operating a vehicle into Plaintiff, a pedestrian; (h) failing to warn of the approach of his vehicle; and (i) failing to operate his vehicle at a speed that would permit him to stop within the assured clear distance ahead. 15. As the direct and proximate result of the carelessness and negligence of the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, George R. Brooks, Jr., has sustained severe and disabling injuries to the bones, muscles, blood vessels, tissues, nerves, tendons and nervous system of his body including, but not limited to loss of consciousness, numerous laceration to the head and body for which skin graphs were performed, multiple fractures to the facial bones and legs, vascular damage to the leg requiring arterial bypass grafting, severe intracranial bleeding, permanent brain damage. 16. As the direct and proximate result of the carelessness and negligence of the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, George R. Brooks, Jr., has been and probably will in the future be hindered from attending to his usual occupation and daily duties; to his great detriment, loss, humiliation and embarrassment. 17. As the direct and proximate result of the carelessness and negligence of the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, George R. Brooks, Jr., has suffered a loss of life's pleasures and will continue to suffer the same in the future to his great detriment and loss. 18. As the direct and proximate result of the carelessness and negligence of the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, George R. Brooks, Jr., has undergone great physical pain, discomfort and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, causing him great physical, emotional, and financial detriment and loss. 19. Plaintiff, George R. Brooks, Jr. , believes, and therefore avers, that his injuries are severe and permanent in nature. 20. As the direct and proximate result of the carelessness and negligence of i the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, George R. Brooks, Jr., has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, he continues to require treatment and would need to incur medical expenses for his injuries, will continue to do so in the future to his great detriment and loss. WHEREFORE, Plaintiff, George R. Brooks, Jr., seeks damages from Defendants, Nathan D. Straub and Susan C. Straub, in an amount in excess of the jurisdictional amount, together with lawful interest thereon, plus delay damages and costs of suit and demands a trial by jury. COUNT II CINDY A. BROOKS v. STRAUB 21. Plaintiff, Cindy A. Brooks, incorporates and makes a part of this Count paragraphs 1 through 20 of this Complaint as if fully set forth. 22. As the direct and proximate result of the carelessness and negligence of the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, Cindy A. Brooks, has suffered the loss of consortium, society, and comfort of her husband, Plaintiff, George R. Brooks, Jr. 23. As a further direct and proximate result of the carelessness and negligence of the Defendant, Nathan D. Straub, as described in the foregoing paragraphs of this Complaint, Plaintiff, Cindy A. Brooks, has been forced to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future to her great detriment and loss. WHEREFORE, Plaintiff, Cindy A. Brooks, seeks damages from Defendants, Nathan D. Straub and Susan C. Straub, in an amount in excess of the jurisdictional amount, together with lawful interest thereon, plus delay damages and costs of suit and demands a trial by jury. Date: 3 /20130 0 0 Respectfully submitted, (S) Peter J. Russo GEORGE R. BROOKS, JR, and CINDY A. BROOKS, Plaintiffs Vs. NATHAN D. STRAUB, A MINOR, and HIS GUARDIAN, SUSAN C. STRAUB, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 CIVIL ACTION-LAW JURY TRIAL DEMANDED VERIFICATION I, George R. Brooks, Jr., verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: li GeorgBr ks, Jr. VERIFICATION I, Cindy A. Brooks, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: 3/n)6'1.% Cindy A. Brooks R. MARK THOMAS, ESQUIRE PA Supreme Court ID: 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4526 v. CIVIL ACTION-LAW NATHAN D. STRAUB, A MINOR, and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the the manner foregoing document up PEtNNSYLVA(NIA STATE CONSTABLE indicated below: FIRST-CLASS MAIL, POSTAGE PREPAID, AND ADDRESSED AS FOLLOWS: Nathan D. Straub 6 Cardinal Drive Carlisle, PA 17013 .t'a0oo Date: 3 a o Susan C. Straub 6 Cardinal Drive Carlisle, PA 17013 Respectfully submitted, Peter J. Russo T • l. yj: N U x: U C:) ?J GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, CIVIL ACTION-LAW and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED NOTICE OF SERVICE OF PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: The Prothonotary This is to certify that on this day, I, Peter J. Russo, did serve a copy of PLAINTIFFS' INTERROGATORIES AND PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS to Defendant, Nathan D. Straub, by depositing a copy of same with a Pennsylvania State Constable for delivery to: TO: NATHAN D. STRAUB 6 Cardinal Drive Carlisle, PA 17013 Respectfully submitted, Date: 3120/0-0 Peter J. Russo I R. MARK THOMAS, ESQUIRE PA Supreme Court ID: 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 Attorneys for Plaintiffs PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle. PA 17013 (717) 249-2721 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, CIVIL ACTION-LAW and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the PLAINTIFF'S INTERROGATORIES AND PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, Personal Service, via Pennsylvania State Constable to: TO: NATHAN D. STRAUB 6 Cardinal Drive Carlisle, PA 17013 Date: 3 1a0 l v-0 G R ctfull fitted, A 0 Peter J. Russo ?. is N U.?!7 ??C' ? 7 ?_ ?? (`? Y Jr- O ':i G O ??+:? O C GEORGE R. BROOKS, JR, and CINDY A. BROOKS, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, CIVIL ACTION-LAW and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED NOTICE OF SERVICE OF PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: The Prothonotary This is to certify that on this day, I, Peter J. Russo, did serve a copy of PLAINTIFFS' INTERROGATORIES AND PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS to Defendant, Susan C. Straub, by depositing a copy of same with a Pennsylvania State Constable for delivery to: TO: SUSAN C. STRAUB 6 Cardinal Drive Carlisle, PA 17013 Respectfully submitted, C 2? Date: 3'aOIW Peter J. Russo R. MARK THOMAS, ESQUIRE PA Supreme Court ID: 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, and HIS GUARDIAN, SUSAN C. STRAUB, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the PLAINTIFF'S INTERROGATORIES AND PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, Personal Service, via Pennsylvania State Constable to: TO: SUSAN C. STRAUB 6 Cardinal Drive Carlisle, PA 17013 Date: 3 auk too ctfull fitted, Peter J. Russo ct GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, CIVIL ACTION-LAW and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED NOTICE OF SERVICE OF PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: The Prothonotary This is to certify that on this day, I, Peter J. Russo, did serve a copy of PLAINTIFFS' INTERROGATORIES AND PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS to Defendant, Susan C. Straub, by depositing a copy of same with a Pennsylvania State Constable for delivery to: TO: SUSAN C. STRAUB 6 Cardinal Drive Carlisle, PA 17013 Respectfully submitted, Date: . 3/ SlO/W Peter J. Russo w R. MARK THOMAS, ESQUIRE PA Supreme Court ID: 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 GEORGE R. BROOKS, JR. and CINDY A. BROOKS, Plaintiffs V. Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-4525 NATHAN D. STRAUB, A MINOR, CIVIL ACTION-LAW and HIS GUARDIAN, SUSAN C. STRAUB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day serving a copy of the PLAINTIFF'S INTERROGATORIES AND PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS upon the person (s) and in the manner indicated below, Personal Service, via Pennsylvania State Constable to: TO: SUSAN C. STRAUB 6 Cardinal Drive Carlisle, PA 17013 Date: 3 ao! too cttull ? fitted, Peter J. Russo