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Home My WebLink About94-05505 \.. "- ~ , j 3, . -? >-- ~ ' 3 o E.' -- Q) cf J tn (J 1O l() I .:t- 0- " ~ i '" ;:) ,~ '" -> , -' ....... '.~ .. .' .-- "> . '" ~ :jj .~ , .~ -c:r C;, I \ ( 1\ ;! "-..1 V \ j \J "' ... '" . . "J,) .~, .......,,. ... .l "j ,) ~.: I. 'j II, .,...j., -,! ..." ,,'.. . "" 'i' , t 1'1' l'1 ~. , , ..' II'''' ',' Oil " /ur"....',1l l"~ 'Ill "I,....'<.r ':1IJ Jr, 'il' I ,',.L'.' ~ ',1 IIVl'._' /IIlA'IiI ~!' ;j,',["~; "f ,.../. . OC.I'J',; L.r.'-~ DOUGLAS & WI IH) Iii Hill' C'ltllr, THAT flU oItltlHH I"; A T/;Ut ""'<00.:' "Uf(.TCOP' OF THl ORIr.UdL rlll!J lit Tlir~ "t:fIGH l_'OUI:iLA5 ,.. " .,"; 411'1lill' AI'd'H,! I GEORGE F. DOUGLAS, JR. ATIY. J.D. #06270 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-1790 A TIORNEY FOR PLAINTIFF RUSTYN LEE PAGE, a Minor, by : IN THE COURT OF COMMON PLEAS OF DONNA J. MOWRY, his : CUMBERLAND COUNTY, PA. Guardian : CIVIL ACTION - LAW V. : NO. 94. 'J';V) CIVIL TERM JOYCE WALLACE : JURY TRIAL DEMANDED 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa. 17013 717-240-6200 DOUGL~, DOUG~~DO~GLAS By /<JC<"11'/ L....C..'L..f"" Attorney for Plaintiff I COMPLAINT 1. The minor plaintiff, Rustyn Lee Page, age 11, date of birth March 19,1983, resides with his Mother and guardian, Donna J. Mowry, at 116 West Butler Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. The defendant, Joyce Wallace, is an individual residing at 536 Park Drive, Carlisle, Cumberland County, Pennsylvania. 3. On March 23, 1994, at or about 7 P.M., the minor plaintiff was walking across Baltimore Street, near to the Uni Mart Store, in Mount Holly Springs, Cumberland County, Pennsylvania. 4. At the same time and place, the defendant was operating a motor vehicle in a southern direction on Baltimore Street. 5. The defendant motorist ran into the minor plaintiff pedestrian. 6. The collision was caused by the negligence of the defendant in the following respects: (a) In colliding with a pedestrian who was on the road in front of her; (b) collision, and In failing to see the minor pedestrian in time to avoid the (c) In failing to have her car under control. 7. As a result of the negligence of the defendant, the minor plaintiff sustained a comminuted fracture of the distal shaft of the right fibula, and an angulated fracture of the distal tibia. 8. As a result of the aforesaid injuries, the plaintiff has undergone pain and suffering, and will do so in the future. 9. As a result of the aforesaid injuries, the plaintiff may incur a permanent, partial disability. WHEREFORE, the plaintiff claims of the defendant a sum in excess of the amount requiring compulsory referral to arbitration under the local rules of Court. DOUGLAS, DOUGLAS & DOUGLAS 'Jj c\.;.- .) By--G< f~{ r l-' I .<. <,(). f Attorney fo PlalntUf , ... KAUFFMAN AND SHILLING ATTORNEY I C. William Shilling SUPREME COURT I.D. NO.1 46995 3211 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 231-7207 ATTORNEY FORI Defendant Joyce Wallace RUSTYN LEE PAGE, A Minor, by DONNA J. MOWRY, his Guardian Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM . . . . vs. JURY TRIAL DEMANDED JOYCE WALLACE Defendant DOCKET NO. 94-5505 PRAECIPE ENTRY OF APPEARANCE/DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance and demand a jury trial of twelve (12) on behalf of Joyce Wallace in the above-captioned li tigation. KAUFFMAN & S C. 11 Supreme Court Attorney for KAUFFMAN AND SHILLING ATTORNEY I C. William Shillinq SUPREMB COURT 1.0. NO.1 46995 3211 NORTH FRONT STRBBT HARRISBURG, PA 17110 (717) 231-7207 ATTORNEY FOR: Defendant Joyoe Wallaoe RUSTYN LEE PAGE, A Minor, by DONNA J. MOWRY, his Guardian Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM vs. JURY TRIAL DEMANDED JOYr..;: WALLACE Defendant DOCKET NO. 94-5505 CERTIFICATE or SERVICB AND NOW, this I~t~ day of ~C~~'~J , 1994 I, C. William Shilling, Esquire, attorney for Defendant Joyce Wallace, affirm that I served the praecipe for Entry of Appearance/Demand for Jury Trial d1rected to Plaintiffs by depositing same in the Un1ted States Mail, postage prepaid, 1n Harrisburg, Pennsylvania, addressed to: George F. Douglas, Jr. DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 KAUFFMAN AND SHILLING ATIORNEY: C. William Shilling SUPREME COURT 1.0. NO.: 46995 3211 NORTH FRONT STREET HARRISBURG. PA 17110 (717) 231-7207 ATIORNEY FOR: Defendant Joyce Wallace RUSTYN LEE PAGE, A Minor, by DONNA J. MOWRY, his IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Guardian, Plain tiffs CIVIL TERM vs. JURY TRIAL DEMANDED DOCKET NO. 94.5505 JOYCE WALLACE, Defendant CERTIFICATE OF SERVICE AND NOW, this 21st day of October , 1994 I, C. William Shilling, Esquire, attorney for Defcndant Joyce Wallace, affirm that I served the Request for Production of Documents Addressed to Plaintiffs for Answer by depositing same in the Unitfld States Mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: George F. Douglas, Jr., Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 C. William Shilling, E Suprcme Court I. 5 Attorney for Joyce Wallace KAUFFMAN AND SHILLING ATTORNEY: C. William Shilling SUPREME COURT 1.0. NO.: 46995 3211 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 231-7207 A'ITORNEY FOR: Defendant Joyce Wallace RUSTYN LEE PAGE, A Minor, by DONNA J. MOWRY, his IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Guardian, Plain tiffs vs. CIVIL TERM JURY TRIAL DEMANDED JOYCE WALLACE, Defendant DOCKET NO. 9,.-5505 CERTIFICATE OF SERVICE AND NOW, this 25th day of O::tober , 1994 I, C. William Shilling, Esquire, attorney for Defendant Joyce Wallace, affirm that I served the Answer and New Matter by depositing same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: George F. Douglas, Jr., Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 ..",.. ~ ~f:. "1 ._ ~ ~ <,- , '" - U ,= NO'ftC& TO .L&AD TO 'laintiff. leu MI Il&RI.8Y NOTt'I&D TO 'ILl A WlUftlK Q'POH.. TO Tn DlCLO.&D An.v.r and New ~tt.r WITHIN (20) DAI' noM &RVIc& 0 OR A ~. ?YOU. KAUFFMAN AND SHILLING ATTORNEY: C. William Shilling SUPREME COURT 1.0. NO.: 46995 3211 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 231-7207 ., RUSTYN LEE PAGE, A Minor, by DONNA J. MOWRY, h1s Guardian, Pla1ntiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM vs. JURY TRIAL DEMANDED JOYCE WALLACE, Defendant DOCKET NO. 94-5505 ANSWER AND NEW MATTER The Defendant, Joyce Wallace, by and through her attorneys, Kauffman and Shilling, hereby enter the following Answer and New Matter to the Complaint of the Pla1nt1ffs and avers as follows: 1. After reasonable 1nvest1gation, Answer1ng Defendant 15 w1thout suff1c1ent knowledge or informat10n to form a belief as to the truth or accuracy of Paragraph 1 of the Complaint, and accordingly, said averments are den1ed. 2. Adm1tted 1n part. Den1ed 1n part. It is admitted only that the Answering Defendant, Joyce Wallace, resides on Park Dr1ve 1n Carl1sle, Cumberland County, Pennsylvania. It 1s den1ed that she resides at 536 Park Drive but, ln fact, resides at 461 Park Drlve. 3. Admitted in part. Denled in part. It is admitted only that on March 23, 1994 at or about 7:00 p.m., the minor Plaintiff was near the Uni-Mart store in Mount Holly Springs, Cumberland County, Pennsylvanla. It is specifically denied that he was walking across Baltimore Street ln Mount Holly Sprlngs. By way of further answer, the averments of Answerlng Defendant's New Matter incorporated herein by reference as lf fully set forth at length. 4. Admitted. 5. The averments of Paragraph 5 of the Complaint are specifically denied. On the contrary, lt is the mlnor Plaintiff pedestrian who ran into the motor vehicle of the Answering Defendant. 6. It is specifically denied that the incident was caused by any negllgence on the part of the Answerlng Defendant. On the contrary, at all times material hereto, the Answering Defendant was actlng in a cautious and prudent manner under the clrcumstances. As further averred: a. The Answering Defendant did not collide wlth a pedestrian who was on the road in front of her. On the contrary, it was a pedestrlan who ran lnto the side of the Answering Defendant's motor vehlcle; b. Answerlng Defendant dld not fall to see the minor Plalntiff pedestrian ln time to avoid a collision. By way of further answer, the averments of the Answering Defendant's New Matter is incorporated herein by reference as if fully set forth at length say she dld have her car under control. 7. It is speclflcally denied that the Answerlng Defendant was careless or negllgent in any respect or that the minor Plaintlff sustained any injuries or damages as a direct and proxlmate result thereof. On the contrary, at all times materlal hereto, Answerlng Defendant was acting ln a careful and prudent manner. Wlth regard to remainlng averments of Paragraph 7 of the Complaint, after reasonable investigation, Answering Defendant is without sufflcient knowledge and information to form a belief as to the truth or accuracy of sald averment, and accordingly, said averments are denled. Strlct proof thereof is demanded at the time of trial. 8. After reasonable lnvestigation, the Answering Defendant is wlthout sufflcient knowledge and lnformatlon to form a belief as to the truth or accuracy of Paragraph 8 of the Complaint, and accordingly, said averments are denled. Strlct proof thereof ls demanded at the tlme of trlal. 9. After reasonable lnvestigatlon, the Answering Defendant is without sufficient knowledge and lnformation to form a bellef as to the truth or accuracy of Paragraph 9 of the Complalnt, and accordlngly, sald averments are denied. Strlct proof thereof ls demanded at the tlme of trlal. WHEREFORE, the Answering Defendant demands judgment ln her favor and agalnst the Plalntlffs wlth cost. NF.W MATTER 10. The accident complained of in the Complalnt of the Plaintiffs was caused or contrlbuted to by the negligence, carelessness and recklessness of the mlnor Plaintiff which consisted of the followlng: a. Failing to look where he was going; b. Suddenly darting out into the road without warning and into the path of the motor vehlcle belng driven by the Defendant; c. Falllng to take notice of the motor vehicle of the Defendant prior to darting out lnto the roadway; d. Falling to use due care under the circumstances; e. Falling to see and observe the motor vehlcle being operated by the Defendant in sufflclent time to avold a collision. 11. The minor Plaintiff, Rustyn Page, assumed the risk of his activlties and lnjurles result thereof. 12. If the mlnor Plalntiff suffered injurles and damages as described in the Complaint for reasons set forth in the Complaint, said injuries and damages were caused or contributed to by conditions over whlch the Defendant had no control and for which she ls not responslble. 13. If the minor Plaintiff suffered injuries and damages as described and for reasons set forth ln the Complalnt, sald lnjuries and damages were not proxlmately caused by any negllgent act or admlssion on behalf of the Defendant. 14. If the minor Plaintiff suffered injuries and damages as descrlbed and for reasons set forth ln the Complaint, the minor plaintiff failed to look where he was walking. l5. If the minor Plaintiff suffered lnjuries and damages as descrlbed and for reasons set forth ln the Complaint, the minor Plalntiff failed to observe and take approprlate precautlons with regard to motor vehicle trafflc on Baltimore Street. 16. If the mlnor Plaintlff suffered injurles and damages as described and for reasons set forth in the Complaint, the minor Plalntiff failed to follow a safer route obvlous and avallable to hlm. 17. The P1alntiffs falled to set forth a cause of action against the Defendant. WHEREFORE, the Defendant, Joyce Wallace, demands judgment in her favor and agalnst the Plalntiffs with costs. Respectfully submitted, squire 46995 dant Joyce "'1. f , ~ , , '" l "' "jV "Ill HI III 10 "' ..;'P"11' !II fIll " .......ltTl'" III ~I'O'I"1 1 "~It tll(t 'y, (I "",,!,U'l 1,.., HI' '1'" (1.\ ,", tllfJ" r,III\/1 '''llr')J nil " JI':.','''I;l ..a, I "'f "j,' II.,....', lOll Dour] ~.;. U':)\.}C L/l._'_; ,,, 1_" ,i",.... ~l r,u IIlldJ." ,'~ r,.j.\I ll-n hnhINI'i"r~ H, -,}...q'~'('0'" or TIlt n'II..".I.1 'lf 'J I" r,;j', ., "' AITLHI!tt' ~. ; "'.l , COMMONWEALTH OF PENN5YL V ANIA ) 55. COUNTY OF CUMBERLAND ) Donna J. Mowry, being duly sworn according to law, deposes and says that the averments in the within pleading are true and correct, to the best of signer's knowledge, information, and belief. '\ tJ /l}VY\b. ~J1\~~ Donna J. Mow Sworn and subscribed to before me "I tl this~ day of j(( ('/ 1){lv (., _ .1994. ,.;; ,(,'I Notary j) J .Y)t?' ::/ I , :jI4i\IA[ ~t..L )A/;[f M l4Y ~.OI;Rt PUSlIC C~t;~ ISl E A:"\.I1l) , CIJ',lHqlA.-W COllfHY ',1-, I'; '."',"'- .t, ~ n).;,;t': II ".[ "'j:; 1"1~ -.. .:. ...:..._..:.:. ~-.:..:.~~_:..:.-- LAW OFFICES OF HARRINGTON, KAUFFMAN & SHILLING ATfORNEY: C. William Shilling SUPREME COURT I.D. NO.: 46996 aZll NORTH FRONT STREET HARRISBURG, PA 17110 (717) 131-7207 A'fTORNEY FOR: Defendant Joyce Wallace va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML TERM JURY TUIAL DEMANDED RUSTYN LEE PAGE, A Minor, by DONNA J. MOWRY, his Guardian, Plaintiffs JOYCE WAlLACE, Defendant DOCKET NO. 94.5505 CHANGE OF ADDRESS NOTICE You are hereby notified that as of June 12. 1994. the address of the Law Offices of Harrington, Kauffman & Shilling will change. NEW ADDRESS: Law Offices of Harrington, Kauffman & Shilling 100 Pine Street Suite 300 Harrisburg, PA 17101 NEW TELEPHONE NUMBERS: Main number: 717-720-0700 Fax number: 717-236-9080 Please mark your records accordingly and address all future communications in this matter to the above location. LAW OFFICES OF HARRINGTON, KAUFFMAN & SHILLING ~~ ~ TimJ.Ha' n,]~ CERTIFICATE OF SERVICE AND NOW, this 5th day of June, 1995, I, Tim J. Harrington, Jr., Esquire, attorney for certain defendant(s) affirm that I served the attached Notice of Change ot Addr888 by depoaiting same in the United States Mail, postage prepaid, in Harriab\l1'&', Pennsylvania, addressed to: George F. Douglas, III, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 Weat High Street P. O. Box 261 Carliale, P A 17013 I) ~- t~---=-- ? Tim J. Harrin I), r. .~ Supreme Court I.D. No~- '11242 3211 North Front Street Harrisburg, PA 17110 (717) 231-7209 ~ t ,.: " ~ - :C u__ '" N ("') r~ .c. f- ~ ~.! 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