The URL can be used to link to this page

Home My WebLink About09-6706 Hulda Kinsey 4728 Maple Avenue Mechanicsburg, PA 17055 Plaintiff vs. Anna Urquhart 203 East Main Street Shiremanstown, PA 17011 Defendant AND Mark Rosnick c/o Anna Urquhart 203 East Main Street Shiremanstown, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. al- & V l1l Civil Action - Law PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above captioned matter and forward it to the Sheriff for service. Date: 01 Richard P. Mislitsky, Esquire Supreme Court ID No. 28123 1 West High Street, Suite 208 PO Box 1290 Carlisle, PA 17013 (717) 241-6363 FILED-OFF CE OF Thai I-':D'?'i HCninTARY 2009 OCT -8 AM 10: 02 Gt?lv'3 UN fY FENNS`tL.VP,,VAl ell wo ;?3l ??N Hulda Kinsey 4728 Maple Avenue Mechanicsburg, PA 17055 Plaintiff vs. Anna Urquhart 203 East Main Street Shiremanstown, PA 17011 Defendant AND Mark Rosnick c/o Anna Urquhart 203 East Main Street Shiremanstown, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FILE NO. 0 7U 4" Civil Action - Law WRIT OF SUMMONS TO: Anna Urquhart and Mark Rosnick YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. P thonota, Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy FLED-C ?1CF OF THE i ,?, r:',.'- TARY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Hulda Kinsey vs. Anna Urquhart 2009 OCT 15 AN g. ' 0 CUM Case Number 2009-6706 SHERIFF'S RETURN OF SERVICE 10/13/2009 08:36 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 2036 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Anna Urquhart, by making known unto Mark Rosnick, adult in charge at 203 East Main Street Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/13/2009 08:36 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 2036 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Mark Rosnick, by making known unto himself personally, at 203 East Main Street Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.94 SO ANSWERS, ///? e 4k? -'000-- /N October 14, 2009 R THOMAS KLINE, SHERIFF SI' Deputy Sheriff HULDA C. KINSEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PA v. NO. 09-6706 ANNA URQUHART and N MARK ROSNICK ~ ~'' ' i ~- ~ ~-~ f Defendants :CIVIL ACTION -LAW ~ ;r ~ c ~ ~ ~ Wit:, " ~~.. ~ r "Y `~'i~ _ ! C7 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Richard P. Mislitsky, Esquire One West High Street P. O. Box 1290 Carlisle, PA 17013 (717)241-6363 ID No. 28123 HULDA C. KINSEY, Plaintiff v. ANNA URQUHART and MARK ROSNICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-6706 CIVIL ACTION -LAW COMPLAINT AND NOW, comes the Plaintiff, Hulda C. Kinsey, by and through her attorney, Richard P. Mislitsky, Esquire and avers as follows: 1. Plaintiff is Hulda C. Kinsey, an adult individual residing at 4728 Maple Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Anna Urquhart ("Urquhart"), is an adult individual believed and therefore averred to reside at 203 East Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3. Defendant, Mark Rosnick ("Rosnick"), is an adult individual believed and therefore averred to reside at 203 East Main Street, Shiremanstown, Cumberland County, Pennsylvania. 4. At all times material hereto it is believed and therefore averred that Defendant, Urquhart, was the operator of a motor vehicle described as a red 2005 Ford Contour. 5. At all times material hereto it is believed and therefore averred that Defendant, Rosnick, was the owner of the vehicle identified in the preceding paragraph and operated by Defendant, Urquhart. 6. On or about March 9, 2009 at approximately 3:00 p.m. Hulda Kinsey was a pedestrian walking to her car in the parking lot of the Mechanicsburg Senior Center located at 97 West Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 7. At the same time and place, Defendant, Urquhart, was the operator of the aforementioned motor vehicle and was backing out of a designated parking space in the parking lot of the Senior Center. 8. Defendant, Urquhart, drove the vehicle she was operating in reverse striking Hulda Kinsey and causing her to be knocked to the ground. 9. As a result of the aforesaid impact, Hulda Kinsey sustained serious injuries to her bones and soft tissue including a fractured femur and other bodily injuries not yet known. 10. Hulda Kinsey was in no way, to no degree responsible for and in no way contributed to the aforesaid collision. 11. The injuries sustained by Hulda Kinsey were the direct and proximate result of the negligence and carelessness of the Defendants. 12. The negligence and carelessness of Defendant, Urquhart, was both general and in the following particular respects: a. Driving and operating the vehicle under her control in a reckless, careless and negligent manner; b. Driving and operating the vehicle under her control such that she allowed the vehicle to strike the person of Hulda Kinsey; c. Driving and operating the vehicle under her control without due regard to the rights, safety and position of Hulda Kinsey; d. Driving and operating the vehicle under her control without due regard for movement of pedestrians; e. Failing to pay attention while driving in reverse; £ Failing to properly view the area behind the vehicle she was operating before she proceeded to move the vehicle in reverse; g. Failing to keep a proper lookout for Hulda Kinsey and other pedestrians. 13. The negligence and carelessness of the Defendant, Rosnick, were both general and in the following particular respects: a. Allowing Defendant, Urquhart, to have possession and control of the vehicle identified in paragraph 4. b. Allowing Defendant, Urquhart, to operate said vehicle without proper instruction or supervision; c. Allowing Defendant, Urquhart, to operate said vehicle without determining whether she was competent to operate a motor vehicle in general and specifically at the time she struck Hulda Kinsey; d. Allowing Defendant, Urquhart, to operate said vehicle when he know or should have known that to do so increased the risk of harm to others. 14. Hulda Kinsey has satisfied all conditions precedent to filing and proceeding with this cause of action. 15. Hulda Kinsey has satisfied the conditions set forth in the Pennsylvania Motor Vehicle Financial Responsibility Act. 16. As a result of the negligence and carelessness of the Defendants, Hulda Kinsey sustained various injuries to her bones and soft tissue including but not limited to a fractured femur and other injuries yet undetermined. 17. As a result of the negligence and carelessness of the Defendants, Hulda Kinsey was forced to seek the medical care and attention of various healthcare providers. 18. As a further consequence of the negligence and carelessness of the Defendants and the injuries sustained as a result thereof, Hulda Kinsey was hospitalized at the Holy Spirit Hospital where she had to undergo surgical intervention to repair her fractured femur which, among other things, required insertion of orthopedic appliances. 19. As a further consequence of the negligence and carelessness of the Defendants, Hulda Kinsey was caused to be further hospitalized by direct transfer to Health South where she remained for several weeks. 20. After her discharge from HealthSouth Hulda Kinsey was transferred directly to Manor Care where she remained for several months. 21. In addition to the medical care and attention hereinbefore set forth, Hulda Kinsey has also been required to receive in-home medical care and attention which continues to the present. 22. Hulda Kinsey has been advised and therefore avers that her injuries are serious, permanent and will require further medical care and attention in the future. 23. As a result of the negligence and carelessness of the Defendants, Hulda Kinsey has sustained great pain and suffering which will continue into the future. 24. The medical care and attention herein before set forth have caused Hulda Kinsey not only to suffer great pain, suffering and anguish, but has also forced her to incur great financial losses arising from the reasonable and necessary medical care and attention she received. 25. Hulda Kinsey believes and therefore avers that she is entitled to compensation for the pain, suffering, anguish and financial losses she sustained. WHEREFORE, Plaintiff, Hulda Kinsey, demands judgment against each of the Defendants in an amount in excess of that which requires compulsory arbitration. Respectfully submitted, Date: ~ --~ ~ .~~- ~ U ~ ~// Richard P. Mislitsky, Esquire One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-63 63 Attorney ID No. 28123 ATTORNEY VERIFICATION I, Richard P. Mislitsky, Esquire, being authorized to do so on behalf of Hulda Kinsey, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements are made. subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: I ~ 15~'_ I U G~ Richard P. Mislitsky, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HULDA KINSEY, Plaintiff NO. 09-6706 V. : CIVIL ACTION - LAW ANNA URQUHART and MARK ROSNICK, JURY TRIAL DEMANDED Defendants PRAECIPE TO SETTLE, SATISFY, AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled, satisfied and discontinued, with prejudice. Respectfully submitted, Date: 0 ?1 By: Richard P. Mislitsky, Esquire Counsel for Plaintiff c) ? ?-:' p r• FM `1' W 14- 164 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Richard P. Mislitsky, Esq. Law Office of Richard P. Mislitsky 1 West High Street, Suite 208 P O Box 1290 Carlisle, PA 17013 Date: 8' l Ho Rox nne Weller