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Home My WebLink About12-6019IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEWIS SCOTT and ESTHER SCOTT Plaintiffs vs. LORRAINE A. SZCZYPTA 523 Quail Road Mechanicsburg, PA 17050 Defendant NO. 12- 6 ~/ ~ C1VIL JURY TRIAL DEMANDED IMPORTANT NOTICE <: ~., ~~ ~'' va --'- , ~ .ter ~=' f1} f" l7 -[7 ;'-.:. ; i :° ~ ~ `~ ` .,.~ ~- ~--- c.~ . - r . ~., 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 days (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and tiling 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 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, PA 17013 (717) 249-3166 ~ ~o3.~s,~d~`~y c# 6~~q I?~ 28/zoS Pennsylvania license plate number ELC0973. The Motor Vehicle Accident 5. On October 10, 2010, at approximately 10:06 AM Plaintiff Lewis Scott was operating his 2004 Suzuki Motorcycle in the Borough of Lemoyne, Cumberland County, and was in a nearly stopped position yielding to existing traffic and waiting to safely enter Interstate 83 South from the entrance ramp leading from Interstate 581. 6. On October 10, 2010, at approximately 10:06 AM Defendant was operating her 2005 Ford Taurus and was driving on the entrance ramp leading from Interstate 581 to Interstate 83 South. 7. At this same time Defendant was carelessly operating her Ford Taurus in that she was not paying attention to Plaintiff's stopped vehicle in front of her. 8. At this same time Defendant who was not watching the road in front. of her, did not slow the speed of the vehicle she was operating and violently struck Plaintiff and pushed Plaintiff vehicle into the line of traffic and Plaintiff was pinned by the motorcycle landing on top of him. 9. As a result of this impact, Plaintiff's vehicle was demolished, towed from the scene, Plaintiff suffered severe injuries. Count I - Negligence, Carelessness and Gross Negligence of Defendant 10. Plaintiff incorporates by reference the allegations contained in paragraphs 1-9 above, as though set forth herein at length. 11. The proximate cause and/or a substantial factor in causing the accident was Defendant's failure to operate her vehicle in a safe and proper manner because she was not watching the road in front of her and Plaintiff's stopped vehicle. 12. As a result of the accident caused by Defendant's negligent, careless and/or grossly negligent act or acts, Plaintiff suffered head neck, back, leg and foot injuries and has undergone many months of medical treatment and therapy to alleviate or correct the injuries suffered as a result of the accident and is still under doctors' care. 13.As a result of the accident caused by Defendant's negligent, careless and grossly negligent act or acts, Plaintiff has suffered past loss of work and. the wages and benefits associated with the same, together with loss of his vehicle and the storage of the same. 14.As a result of the accident caused by Defendant's negligent, careless and grossly negligent act or acts, Plaintiff is permanently disabled and disfigured. 15. As a result of the accident caused by Defendant Kevin B. Carbine's negligent. careless and grossly negligent act or acts and the multiple injuries sustained therefrom, Plaintiff will have to endure intensifying pain and mental anguish. 16. Plaintiff has incurred medical bills not in excess of fifty thousand dollars. 17. Plaintiff will incur future medical bills not in excess of fifty thousand dollars. 18. Plaintiff has suffered loss of wages not in excess of fifty thousand dollars. 19. Plaintiff will suffer future loss of wages not in excess of fifty thousand dollars. ?0. Plaintiff has suffered pain and suffering in excess of fifty thousand dollars. 21. Plaintiff will suffer future pain and suffering in excess of fifty thousand dollars. 22. Plaintiff has suffered loss of enjoyment of life in excess of fifty thousand dollars. ?3. Plaintiff will suffer future loss of enjoyment of life in excess of fifty thousand dollars. 24. Plaintiff is disfigured in that he has a permanent limp and will need a cane, crutch or other devise to ambulate and because of such disfigurement has and will suffer a loss in excess of fifty thousand dollars. Count II-Loss of Consortium ?~. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-24 above, as though set forth herein at length. 26. Plaintiff Esther Scott has suffered loss of consortium in an arnount not in excess of fifty thousand dollars ($50,000.00) as a result of the injuries to her husband, Plaintiff Lewis Scott, said injuries being caused by the negligent acts of Defendant. WHEREFORE, Plaintiffs Lewis Scott prays that this Honorable Court enter a judgment in her favor as against Defendant in an amount in excess of one hundred thousand dollars ($100.000.00) together with interest and costs of this action and furl;her that Plaintiff Esther Scott prays that this Honorable Court enter a judgment in her favor as against Defendant in an amount in excess of fifty thousand dollars ($50.000.00) together with interest and costs of this action. Respectfully submitted ~~,gili. tsucxiey, r,squire Attorney of the Plaintiff ID # 3 8444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com VERIFICATION We, Lewis Scott and Esther Scott, verify that we have read the foregoing Complaint and to the best of our individual knowledge, information and belief the statements made therein are true and correct. Vl'e understand that the statement made herein are subject to the provisions and penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. ~ ~~ Date: September 20, 2012 ~ ~. - ~~ T ~~ E THER SCOTT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,-;; -. _ Sheriff - - ~, ' ~ • ~ ` Jody S Smith ~ ~ ~ ~~~~~~~°v ~ ~ ~ ~ ~ ~~` ~~~ Chief Deputy ,`•'fj 17 ~r•j 2 ~ ~ ,, " fill ~~ ~ > Richard W Stewart ~~U!'#BERL~',ti~ ~° .. solicitor PEP>tNSYL~'~,~I~~r Lewis Scott (et al 1 vs. Gase Number Lorraine A. Szczypta :?012-6019 SHERIFF'S RETURN OF SERVICE 10/16/2012 08:29 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2012 at 2029 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lorraine A. Szczypta, by making known unto herself personally, at 523 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. i --'~` ii MICHELLE GUTSHALi... DEPUTY SHERIFF COST: $;38.45 October 22, 2012 SO ANSWERS, RONNY R ANDERSOnI, SHERIFF ;~ { _ LAW OFFICES OF HUBSHMAN & FLOOD ',~ ~ , ,;~ ~, ~, , BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli@Progressive.com ~ '~ ~ i~~ i (~ ;:~:1 Attorney Identification No. 91620 ~ ~~, ~ ~ , , ~~ ~~~~~~ ~. ~` 5165 Campus Drive, Suite 200 ~ ~ F ~ ~ ~~~ ~,~~,~ ~~ ~ ~ Plymouth Meeting, PA 19462 Attorney for Defendant, 610-832-1801 Lorraine A. Szczypta HC FILE O15J2-10151 LEWIS SCOTT and ESTHER SCOTT COMMON PLEAS CUMBERLAND COUNTY v. LORRAINE A. SZCLYPTA NO. 12-6019 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Lorraine A. Szczypta in the above-captioned matter. LAW OFFICES OF HUBSHMAN & FLOOD BY: DATE: LUISA F. BORELLI, ESQUIRE Attorney for Defendant, ~.Z Lorraine A. Szczypta 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEWIS SCOTT and ESTHER scoT~r Plaintiffs vs. LORRAINE A. SZCZYPTA 523 Quail Road Mechanicsburg, P,4 17050 Defendant NO. 12-6019 CIVIL JURY TRIAL DEMANDED RESPONSE TO DEFENDANT'S NEW MATTERS ~.: " "`.M : ` ~~ ~ ter 7 , ,-,. ~ ;- .~ ,.:.,, AND NOW this 28th day of November, 2012, come Plaintiffs, Lewis and Esther Scott by and through their counsel, Joseph D. Buckley, Esquire and respond to Defendant Lorraine A. Szczypta's New Matters as follows: 27. - 36. The averments in these paragraphs are legal conclusions to which no response is required. WHEREFORE, Plaintiffs Lewis Scott and Esther Scott pray that this Honorable Court enter a judgment in their favor as against Defendant as set forth in their Complaint. Respectfully submitted dos h D.~Buck ems, Esquire ~ orney of the Plaintiff ID # 38444 1237 Hally Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@.aol.com CERTIFICATE OF SERVE I hereby certify that a copy of the foregoing Reply to New Matter was duly- sen~ed this date by United States First-Class Mail, postage prepaid upon the following persons or entities: Luisa F. Borelli, Esquire Law Offices of Hubshman & Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Date: November ~, 2012 ~~ph D.' Buc c~ey,-1/squ rney for the Plaintiff 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com R LAW OFFICES OF HUBSHMAN& FLOODS THE BY: LUISA F.BORELLI,ESQUIRE A f~#Y Luisa_F_Borelli @Progressive.com 2013 APR _S AM It. Attorney Identification No. 91620 5165 Campus Drive, Suite 200 C 0 Np9FE;R# QTY Plymouth Meeting, PA 19462 Attorney for Defendant, t , > 610-276-4962 Lorraine A. Szczypta HC FILE 015J2-10151 LEWIS SCOTT and ESTHER SCOTT COMMON PLEAS CUMBERLAND COUNTY V. LORRAINE A. SZCZYPTA : NO. 12-6019 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. LAW OFFI S OF HUBSHMAN&FLOOD ti BY: A F.BO L , w SQUIRE Attorney f fendant, Lorrain . zczypta DATE: April 2, 2013 File No.015J2-10151 LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F.BORELLI,ESQUIRE Luisa—F_Borelli@Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting,PA 19462 Attorney for Defendant, 610-276-4962 Lorraine A. Szczypta HC FILE 015J2-10151 LEWIS SCOTT and ESTHER SCOTT COMMON PLEAS CUMBERLAND COUNTY V. LORRAINE A. SZCZYPTA NO. 12-6019 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LEWIS SCOTT: Dr. Zhanna E. Grigoryan-Sainz 1 Medical Records Milton Hershey Medical Center TO: Joseph D. Buckley, Esquire Luisa F. Borelli, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Rhonda J. Ferrance. Luisa F.Borelli,Esquire,Attorney for Defendant Date of Issue: March 7, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEWIS SCOTT and ESTHER SCOTT Court of Common Pleas Plainglf LORRAINE A. SZCZYPTA No. 12-6019 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: Dr.Zhanna E.Gritoryan-Saint/Milton Hershey Medical Center (Name of Person or Fntity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all Medical Records for the past 10-years pertaining to Lewis Seo% 501 PetersbuLrg Road,Carlisle,PA 17015,DOB: 51114 •, SSN: xxx-xx-6325 at 5165 Campus Drive,Suite 200,Plymouth Meetin%PA 19462 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena.,together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Luisa F.BorelliE_sauire Date: il Address: 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone:(610)276-4962 Supreme Court ID#: 91620 Attorney for: Defendant BY THE COURT: ze� Prothonotary PRO LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli@Progressive. corn Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-276-4962 HC FILE 015J2-10151 LEWIS SCOTT and ESTHER SCOTT v. LORRAINE A. SZCZYPTA Cif • '/4 cro, of -Pk OOl"rafr� � �� ' P fj�,,rD COUNT r lig NIA Attorney for Defendant, Lorraine A. Szczypta : COMMON PLEAS : CUMBERLAND COUNTY : NO. 12-6019 DEFENDANT'S MOTION TO FOR A STATUS CONFERENCE Defendant, Lorraine A. Szczypta moves this Honorable Court to enter an Order scheduling a status conference in the above -captioned matter. In support of this motion, moving Defendant avers the following: 1. Plaintiffs' counsel has resigned his law license due to a medical condition and the plaintiffs have not taken any steps to retain new counsel. 2. Defense counsel has made numerous attempts to bring this matter to a resolution but has hindered by the fact that the plaintiff are currently without counsel. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order scheduling a status conference in the above -captioned matter. LAW OFFICES OF S_!% HMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Attorney for Defendant, Lorraine A. Szczypta DATE: LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli@Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-276-4962 HC FILE 015J2-10151 LEWIS SCOTT and ESTHER SCOTT v. LORRAINE A. SZCZYPTA Attorney for Defendant, Lorraine A. Szczypta : COMMON PLEAS : CUMBERLAND COUNTY : NO. 12-6019 CERTIFICATE OF SERVICE I, Luisa F. Borelli, Esquire, attorney for Defendant, Lorraine A. Szczypta, hereby certify that I caused a true and correct copy of Defendant's Motion for a Status Conference was mailed by First Class, U.S. Mail, postage prepaid to: DATE: Joseph D. Buckley, Esquire Joseph D. Buckley Law Office 1237 Holly Pike Carlisle, PA 17013 Lewis and Esther Scott 501 Petersburg Road Carlisle, PA 17015 BY: LUISA F. BORELLI, ESQUIRE Attorney for Defendant, Lorraine A. Szczypta . LAW OFFICES OF HUBS N & FLOOD LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa F Borelli@Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-276-4962 HC FILE 015J2-10151 LEWIS SCOTT and ESTHER SCOTT v. LORRAINE A. SZCZYPTA AND NOW, this 1 i _ day of Attorney for Defendant, Lorraine A. Szczypta : COMMON PLEAS : CUMBERLAND COUNTY : NO. 12-6019 ORDER and DECREED that a Status Conference is scheduled for ,c. 0 3• Co ,Es p24/'.14 ,•U% 1+51 L. Pc".LL 14(J•i3L/ �.. 9 4 E . sex.4- 5/a.o/iy' .f)e) , 2014 , it is hereby ORDERED r- '3 ?Mg/ ..Jt -I:30/44 . BY THE COUR J. • r LEWIS SCOTT and ESTHER : IN THE COURT OF COMMON PLEAS OF SCOTT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs c-Dii • v. 12-6019—CIVIL r-n`73 LORRAINE SZCZYPTA, : Jury Trial Demanded C.0 2: Defendant Err: c);,- PRAECIPE TO ENTER APPEARANCE --c < TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs, Esther and Lewis Scott, in the above captioned case. Date: 6 -0S—/ Respectfully submitted, Vincent M. Monfredo, Esquire 3300 Trindle Rd. Camp Hill, PA 17011 717.585.2064 (phone) 888.959.1331 (fax) Supreme Court ID# 206671 f 40 LEWIS SCOTT and ESTHER : IN THE COURT OF COMMON PLEAS OF SCOTT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • : 12-6019--CIVIL LORRAINE SZCZYPTA, : Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Entry of Appearance upon the following by HAND DELIVERY, addressed as follows: Law Offices of Hubshman and Flood Luisa F. Borelli, Esq. 5165 Campus Dr. Suite 200 Plymouth Meeting, PA 19462 Date: 6Respectfully submitted, Vincent M. Monfredo, Esquire 3300 Trindle Rd. Camp Hill, PA 17011 717.585.2064 (phone) 888.959.1331 (fax) Supreme Court ID # 206671 LEWIS SCOTT and ESTHER SCOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA • v. • • LORRAINE A. SZCZYPTA, • Defendant NO. 12-6019 CIVIL TERM IN RE : STATUS CONFERENCE ORDER OF COURT AND NOW, this 23rd day of June, 2014 , by agreement of the parties, all discovery shall be completed within 30 days . By the Court, 4'1;;;;;? Edward E. Guido, J. • Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Attorney for Plaintiff Luisa F. Borelli, Esquire Law Offices of Hubshman & Flood 5165 Campus Drive, Ste 200 Plymouth Meeting, PA 19462 Attorney for Defendant srs QC?1 ES /17-4 .i tScGl.., _... rn C- 10/41(VA/ -^r,Fri r I:1_7- a —7/7) d7' .- 'd • C"'.) '-J LEWIS SCOTT and ESTHER SCOTT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA V. LORRAINE SZCZYPTA, DEFENDANT : NO.: 12-6019 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter Settled, Discontinued and Ended. Date /02/02/its Respectfully submitted, Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 717.635.8747 Supreme Court ID # 206671 Attorney for Plaintiff i � ~ LEWIS SCOTT and ESTHER SCOTT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA V. LORRAINE SZCZYPTA, DEFENDANT : NO.: 12-6019 CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Order to Settle by first class mail, addressed as follows: Date: /�a/ /fir Luisa Borelli, Esq. 51.65 Campus Dr. Suite 200 Plymouth Meeting, P.A..19462 Respectfully submitted, Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 717.635.8747 Supreme Court ID # 206671 Attorney for Plaintiff