HomeMy WebLinkAbout04-1964SCOTT R. NOVAK,
Plaintiff
JEFFREY LEE McKAY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004- ]qG~q ~.~ "]'-t.~
CIVIL ACTION - LAW
NOTICE TO PLEAD
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 (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 Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
717-249-3166
SCOTT R. NOVAK,
V
JEFFREY LEE McKAY,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
..
: CIVIL LAW
:: NO. 2004-iq6 qCIVIL
:
COMPLAINT
Plaintiff, Scott R. Novak, by his attorneys, Broujos & Gilroy, P.C., sets forth the following:
1
Plaintiff, Scott R. Novak, is an adult individual residing at 711 Hanover Manor Apt. F 303,
Carlisle, Cumberland County, Pennsylvania.
2
Defendant, Jeffrey Lee Mc/Cay, is an adult individual residing at 1045 South West Street,
Carlisle, Cumberland County, Pennsylvania.
3
The events hereinafter related took place on or about August 23, 2002 at the Garden Cave
Bar at 1564 Spring Road, Carlisle, Cumberland County, Pennsylvania.
4
At said time and place at approximately 1:30 a.m., Defendant assaulted the Plaintiff with no
legal justification and grabbed the Plaintiff by the neck, proceeded to strangle the Plaintiff,
struck the Plaintiff about his body, dragged the Plaintiff approximately 15 feet and struck the
Plaintiffwith other blows with great force and violence.
5
As a result of the assault, Plaintiff required treatment at the Carlisle Hospital and suffered
from cervical strain, bruises and contusions about his body and cuts about his body.
6
As a result of the assault, Plaintiff incurred medical bills totaling $319.87.
7
As a result of the assault, Plaintiff suffered constant headaches and pain along his wrist and
arm for approximately 7 to 10 days during which time he was required to take pain
medication.
8
As a result of the assault, Plaintiff suffered pain and suffering and also incurred
embarrassment during and after the incident.
9
The actions of the Defendant were without justification and were intentional.
WHEREFORE, the Plaintiff demands judgment against the Defendant for special damages,
general damages and punitive damages in an amount not in excess of $25,000.00.
BROUJOS & GILROY, P.C.
Hubert ~ ~sqmre
Carlisle, PA 17013
717-243-4574
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4904 relating to unsworn falsification to authorities.
DATE: ~//~"/O~'t/
DOUGLAS LAW OFFICE WILLIAM P. DOUGLAS, ESQ.
27 W. HIGH ST. Supreme Court I.D.# 37926
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
['§e"O'?¥'i~"~O~X~' ..................................................... " .......... ~"~"~:~:~"~i~"C:'~'~"~'i~:~"~'''''''''~
Cumberland. County Pennsylvania
Plaintiff i
vs No. 2,004 - 1964 Civil
'EFFREY LEE MCKAY
Defendants i
Answer
1. Admitted.
2. Admitted.
3. through 9.
Denied pursuant to PA R.C.P. 102.9 (e).
WHEREFORE, it is prayed that judgment be entered in favor of the defendant
and against the plaintiff together with attorneys fees a~d costs of suit.
Respectfully submitted,
William P. Douglas, ~squ' e
Attorney leffrey Lee'McKay
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief. This is made subject to the penalties
of 18 Pa.C.S.~4904 relating to unswom falsification to auth~ri,~es.
William P. Douglas, ~uire
Attorney for Defendant
Dated: August 9, 2004
SCOTT R. NOVAK,
Plaintiff
JEFFREY LEE MCKAY,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- LAW
:
: NO. 2004- 1964 CIVIL TERM
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the
following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Hubert X. Gilroy, Esquire, counsel for the Plaintiff in the above action (or actions),
respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of thc Plaintiff in the action is less than $25,000.00.
3. The Defendant did not file a counterclaim.
The following attorneys are interested in the case as counsel or otherwise disqualified to sit
as arbitrators: Hubert X. Gilroy, Esquire, and William P. Douglas, Esquire.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted,
Attorney for Plaintiff
ORDER OF COURT
AND NOW, J~ -~5-/~/~ j ~ ,2004, in consideration of the foregoing petition,
~_~y.~~.~ , Esquire, .~~ ~ , Esquire
and ~ ~)~ , Esquire, Ere ap~o'in~d arbitrators in the above-
caption~0 action as prayed for.
BY TH]
~P.J.
SCOTT R NOVAK,
Plaintiff
V
JEFFREY LEE McKAY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2004-19,64
IN CUSTODY
To The Prothonoary:
Please mark the above captioned matter settled and discontinued.
~lg-~ X. Gilroy, Esquire
Broujos & Gilroy, P.C.
Attorney for Plaintiff
Plaintiff
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.2t,v.~ - ! °tta~
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature Signature
Name (Chairman) Name
Law Firm Law Finn
Signature
Law Firm
Address Address Address
CiW, Zip CiW, Zip CiW, Zip
Award
We, the ~dersi~ed ~bi~ators, havhg been duly appo~ted ~d sworn (or affmed), m~e the
follow~g awed: ~ote: ~dmages for delay ~e aw~ded, ~ey shall be s~ately stated.)
Date of Hearing:
Date of Award:
· Arbitrator, dissents. (Insert name if applicable.)
Notice of Entry of Award
Now, the ,/o0~ day of ~,ff.)Ot'~ ,20 Ot./t , at ~ :t~{) , ~J~__.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal:
Qo~,~