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HomeMy WebLinkAbout14-6330 'Supreme U nnsylvania COu)r OIl leas For Prothonotary Use Only: Cu County Docket No: �!11< Sj`a-1 2 n � � J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S IS Complaint ® Writ of Summons ® Petition ® Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: TOBY CLEMENS TABITHA ANN SCOTT T I Dollar Amount Requested: ®within arbitration limits I Are money damages requested? ED Yes ® No (check one) ®x outside arbitration limits O i N Is this a Class Action Suit? [3 Yes 0 No Is this an MDJAppeal? ® Yes IM No I - A Name of Plaintiff/Appellant's Attorney: JAMES C. BATHGATE i ® Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment ®x Motor Vehicle ® Debt Collection:Other ® Board of Elections Nuisance © Dept.of Transportation l3 Premises Liability ® Statutory Appeal:Other S ® Product Liability (does not include mass tort) ® Employment Dispute: E ® Slander/Libel/Defamation Discrimination C ® Other: ® Employment Dispute:Other ® Zoning'Board T ® Other: j ® Other: O MASS TORT Asbestos N ® Tobacco ® Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Ejectment ® Common Law/Statutory Arbitration ® Other: l3 Eminent Domain/Condemnation l3 .Declaratory Judgment B [3 Ground Rent M Mandamus ® Landlord/Tenant Dispute ®Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition E3 Replevin ® Legal ® Quiet Title ®Other: ® Medical © Other: ® Other Professional: Updated 1/1/2011 TOBY CLEMENS * IN THE COURT OF COMMON PLEAS OF * CUMBERLAND COUNTY, PENNA PLAINTIFF VS * CIVIL ACTION — LAW * NO. CV- r 30 d� CD TABITHA ANN SCOTT * `" DEFENDANT * JURY TRIAL DEMANDED C:.7 C"7 TO: TABITHA ANN SCOTT- DEFENDANT ', NOTICE 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. Pennsylvania Bar Association Lawyer Referral Service 100 South Street, P.O. Box 186 Harrisburg, Pennsylvania 17108-0186 Telephone: (800) 692-7375 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 FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number: (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office of the Columbia County Court Administrator, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013-3387, Telephone No. (717) 240-6100. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Respectfully submitted, WIEST, MUOLO, NOON, SWINEHART & BATHGATE BY: -*— ,,6�Ls� \Lam4 C. Bathgate, Es ire I. 91196 240-244 Market Street P.O. Box 791 Sunbury, PA 17801-0791 Telephone: (570) 286-7777 Facsimile: (570) 286-8075 COUNSEL FOR PLAINTIFF James C. Bathgate, Esquire Supreme Court Identification Number: 91196 Wiest, Muolo, Noon, Swinehart& Bathgate 240-246 Market Street, P.O. Box 791 Sunbury, Pennsylvania 17801 (570)286-7777 Attorney for Plaintiff TOBY CLEMENS * IN THE COURT OF COMMON PLEAS OF * CUMBERLAND COUNTY, PENNA PLAINTIFF VS * CIVIL ACTION — LAW * NO. * TABITHA ANN SCOTT DEFENDANT * JURY TRIAL DEMANDED COMPLAINT AND NOW COMES Plaintiff, Toby Clemens, by and through legal counsel, Wiest, Muolo, Noon, Swinehart & Bathgate, files the foregoing Complaint against the above-referenced Defendant and in support thereof avers as follows: 1. Plaintiff, Toby Clemens, is an adult individual currently residing at 220 Bennett Lane, New Columbia, Pennsylvania 17856. 2. Defendant, Tabitha Ann Scott, is an adult individual currently residing at 1703 Creek Vista Drive, New Cumberland, Pennsylvania 17070. 3. On or about June 9, 2013, at approximately 10:47, Plaintiff, Toby Clemens, was operating his motorcycle and stopped at a stop sign at the intersection of Routes 581 East and 83 South, in Cumberland County, Pennsylvania. 4. On the same date and time, Defendant, Tabitha Ann Scott, was operating a motor vehicle directly behind Plaintiffs motorcycle. 5. On the same date and time, Defendant, Tabitha Ann Scott, suddenly and without warning struck Plaintiffs motorcycle from behind. 6. The negligence and carelessness of Defendant, Tabitha Ann Scott, consists of the following: a. Operating Defendant's vehicle in a negligent, careless manner so as to be unable to avoid striking the rear of Plaintiffs motorcycle; b. Failing to operate her vehicle under proper and adequate control; C. Failing to keep her vehicle under proper control so as to be able to bring the same to a full and complete stop within an assured clear distance ahead; d. Failing to keep her vehicle at a safe speed; e. Operating her vehicle without due regard for the rights, safety and well-being of others, in particular, Plaintiff, Toby Clemens, under the aforesaid circumstances; f. Failing to provide adequate warning to Plaintiff, Toby Clemens, of the impending accident. g. Striking Plaintiffs motorcycle from the rear; and h. Failing to operate her vehicle with due caution and control. 7. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff, Toby Clemens, sustained severe and permanent injuries, including but not limited to an injury to his right knee, lower back, medial meniscus tear of right knee, contusion of the lateral tibial plateau, right sided sacroiliitis, and other injuries as set forth in the medical records. 8. As the sole and proximate result of the negligence of Defendant, Plaintiff, Toby Clemens, suffered and will continue to suffer, severe physical, emotional and mental pain, discomfort and distress, a claim for which is herein made. 9. As a sole and proximate result of the negligence and carelessness of Defendant, Plaintiff, Toby Clemens, has suffered a loss of earnings and will continue to suffer a loss of earning capacity in the future, a claim for which is herein made. 10. As a sole and proximate result of the negligence of Defendant, Plaintiff, Toby Clemens, sustained severe physical and mental pain and discomfort, a claim for which is herein made. 11. As a sole and proximate result of the negligence of Defendant, Plaintiff, Toby Clemens, has been obliged to receive and undergo medical care and services for the treatment of his injuries and believes he will continue to receive and undergo medical treatment in the indefinite future, a claim for which is herein made. 12. As a sole and proximate result of the negligence of Defendant, Plaintiff, Toby Clemens, has incurred various medical expenses for the aforementioned treatment and will continue to incur such expenses for an indefinite period of time in the future, a claim for which is herein made. 13. As a sole and proximate result of the negligence of Defendant, Plaintiff, Toby Clemens, has sustained and continues to lose such everyday pleasures and enjoyments of life, and will continue to lose such everyday pleasures and enjoyment of life for an indefinite period of time in the future, a claim for which is herein made. 14. As a sole and proximate result of the negligence of Defendant, Plaintiff, Toby Clemens, is entitled to both economic and non-economic damages as defined by Pennsylvania Rule of Civil Procedure 223.3, a claim for which is herein made. WHEREFORE, Plaintiff, Toby Clemens, hereby demands judgment be entered in his favor and against Defendant, Tabitha Ann Scott, in an amount in excess of compulsory arbitration limits together with delayed damages and costs of suit. Respectfully submitted, WIEST, MUOLO, NOON, SWINEHART & BATHGATE BY: Jam C. athgate, squire I. : 91196 240-244 Market Street P.O. Box 791 Sunbury, PA 17801-0791 (570) 286-7777 COUNSEL FOR PLAINTIFF DATED: October �-�-, 2014 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. by—C- emens DATED: October ®?QJ 2014 James C. Bathgate, Esquire Supreme Court Identification Number: 91196 Wiest, Muolo, Noon, Swinehart & Bathgate 240-246 Market Street, P.O. Box 791 Sunbury, Pennsylvania 17801 (570) 286-7777 Attorney for Plaintiff TOBY CLEMENS VS TABITHA ANN SCOTT PLAINTIFF DEFENDANT * IN THE COURT OF COMMON PLEAS OF * CUMBERLAND COUNTY, PENNA * * CIVIL ACTION — LAW * NO. CV -14-6330 * * * JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-mentioned matter. Respectfully submitted, WIEST, MUOLO, NOON & SWINEHART BY: DATED: December L , 2014 s C. Bathgate, Esquire I.D. #: 91196 240-246 Market Street P.O. Box 791 Sunbury, PA 17801-0791 (570) 286-7777 curvvt- C-t--AL'a 2�3/yl&-l' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY - .., T H e. fiPRO. H 7 'r' tO, Zak DEC 15 PH 3: 22 CUMBERLAND COUNTY PENNSYLVANIA 010ti0 flt C1111rUjel ©FFiCE4FTHE;fr y„ 1FF Toby Clemens vs. Tabitha Ann Scott Case Number 2014-6330 SHERIFF'S RETURN OF SERVICE 11/03/2014 07:51 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Tabitha Ann Scott, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 1703 Creek Vista Drive, Lower Allen, New Cumberland, PA 17070. Deputies were advised by current resident that the defendant moved several months ago. Per the New Cumberland Postmaster the defendant is now residing at 1148 Oyster Mill Road, Camp Hil, PA 17011. 12/09/2014 07:26 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tabitha Ann Scott at 1148 Oyster Mill Road, East Pennsboro Township, Camp Hill, PA 17011. 41 A IE DIMARTILE, DEPUTY SHERIFF COST: $74.65 SO ANSWERS, December 11, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoft, Inc. Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(6io) 276-4979 josephjuliana@progressive.com Our File #135725923-001 TOBY CLEMENS V. TABITHA ANN SCOTT Attorney for Defendant Tabitha A. Scott : 14-6330 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Tabitha A. Scott, in the above -captioned matter. Law Offices of Hubshman, Flood & Bullock By: L— J6s ph A. Juliana, quire orney for Defe ant