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Home My WebLink About99-05557 V Rot: .a 24 t't?ir Y `i t+ ,i I Fi? 2f I:3. ELSIE M. OSWALT and VINCENT W OSWALT, her husband, Plaintiffs V. VINCENT MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Il/ - J5557 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 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 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 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, PA 17013 (717) 249-3166 ELSIE M. OSWALT and VINCENT W OSWALT, her husband, Plaintiffs V. VINCENT MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas sugnuientes, usted tiene viente (20) Bias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ELSIE M. OSWALT and VINCENT W. OSWALT, her husband, Plaintiffs V. VINCENT MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 555 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Elsie M. Oswalt and Vincent W. Oswalt are wife and husband, adult individuals, and citizens of the Commonwealth of Pennsylvania, who reside at 250 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Vincent Mitchell is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 516 South West Street, Cumberland County, Carlisle, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about June 19, 1998, on the Mechanicsburg exit ramp of Route 81, Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Elsie M. Oswalt was operating a 1996 Chevrolet Blazer, was traveling south on Route 81, and had taken the Mechanicsburg exit ramp. 5. At that time and place, Defendant Vincent Mitchell was operating a vehicle that was traveling directly behind Plaintiff Oswalt's vehicle. 154265/PAS 6. At that time and place, Plaintiff Elsie M. Oswalt was at a complete stop due to a traffic light at the end of the exit ramp displaying a steady red signal. 7. At that time and place, Defendant Vincent Mitchell operated his vehicle without paying attention to traffic and, suddenly and without warning, violently slammed into the rear of the Plaintiff Oswalt's vehicle. 8. At that time and place, a violent collision occurred between the front portion of Defendant Mitchell's vehicle and the rear portion of Plaintiff Oswalt's vehicle. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Elsie M. Oswalt and Vincent W. Oswalt are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Vincent Mitchell operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to travel at a safe speed; (d) failure to apply his brakes in sufficient time to avoid striking the rear of the Oswalt vehicle; (e) failure to take reasonable evasive action to avoid the accident; (f) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; 2 1 (g) failure to keep proper and adequate control over his vehicle; and Q) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I ELSIE M. OSWALT v. VINCENT MITCHELL 10. Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by reference. 11. As a result of the aforementioned accident, Plaintiff Elsie M. Oswalt sustained painful and severe injuries which include, but are not limited to, cervical pain and herniated disc at C5-6 requiring surgical repair. 12. By reason of the aforesaid injuries sustained by Plaintiff Elsie M. Oswalt, she was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 13. Because of the nature of her injuries, Plaintiff Elsie M. Oswalt has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim I is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Elsie M. Oswalt has undergone I and in the future will undergo great physical and mental suffering, great inconvenience in 3 carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforementioned collision and resulting injuries, Plaintiff Elsie M. Oswalt has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Elsie M. Oswalt has sustained uncompensated work loss, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Elsie M. Oswalt has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. Plaintiff Elsie M. Oswalt continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 19. As a result of the aforesaid accident, Plaintiff has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM II VINCENT W. OSWALT v. VINCENT MITCHELL 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference. 4 21. As a result of the aforementioned injuries sustained by his wife, Plaintiff Elsie M. Oswalt, Plaintiff Vincent W. Oswalt has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Elsie M. Oswalt and Vincent W. Oswalt demand judgment against Defendant Vincent Mitchell in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & Ri Sadlock, Esquire .D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: September 9, 1999 VERIFICATION We, ELSIE M. OSWALT and VINCENT W. OSWALT, have read the foregoing PLAINTIFFS' COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. Witness - fitness Elsie M. Oswalt '7 L" Vincent W. Oswalt Date: 3 C) r 154J87/MLB CY ? ? LIJI`. C•. _ h J.1. Ci." • C1- ? ??J ry) ` v LO ^p W 0Q!r,I At IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELSIE M. OSWALT and VINCENT W. OS WALT, her husband, Plaintiffs CIVIL ACTION-LAW V. VINCENT MITCHELL, Defendant TO THE PROTHONOTARY: NO. 99-5557 Civil JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. Date: November 1, 1999 cc: Ms. Carol Walley Senior Technical Supervisor Travelers Property Casualty F.O. Box 13426 Reading, PA 19612-3426 ANGINO & ROVNER, P ich I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 202052.1\PAS\MLB Y Ir 1.'C C) T C" C: l WC CS r'l .': O me U SHERIFF'S RETURN - REGULAR CASE NO: 1999-05557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSWALT ELSIE M ET AL VS. MITCHELL VINCENT BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MITCHELL VINCENT the defendant, at 19:47 HOURS, on the 23rd day of September 1999 at 516 SOUTH WEST ST CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DORIS MITCHELL (WIFE) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answ0r Docketing 18.00 Service 3.10 01 Affidavit Surcharge 8.00 G m s ine i $79=. 09/24%19990VNER by r puy ei Sworn and subscribed •o before me this .2y °- day of 1999 A.D. C ono y