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Home My WebLink About95-02418 -.". '~> ~... ~ f ....... ,:,'f/) ,t....',- ;j-: :-..:' i'j 'i- ";;"". - ,. ,...." 1r~ ~;;, .~ ~K_ '''''1 ~~',", "... . ';",~<.. . ~!f,~i: . ..'~' ~~' . U P_~ "3'" ',' 't'. '" ()o ....... -::r ns - IN 'l'IIE COUHT OF COMMON PLEAS OF CUMBEHI,AND COUNTY, PENNSYLVANIA ROBERT T, STROLL, Plaintiff CIVIL ACTION - LAW v, NO. ERIC W. SLOAN, Defendant JURY 'l~IAL DEMANDED COMPLAINT 1"& AND NOW, this ~ day of ~ ' 1995, comes the Plaintiff, Robert T, stroll, by and through his attorneys, Hanft , Vohs, and files the following Complaint against the Defendant, Eric W. Sloan: 1. The Plaintiff is Robert T. stroll, an adult individual residing at 2444 Elm street, Harrisburg, Dauphin county, Pennsylvania, 2. The Defendant Is Eric W. sloan, an adult individual residing at 511 Lowther Street, Lemoyne, cumberland county, Pennsy I vania. COUNT I ASSAULT ), The averments contained in Paragraphs 1 and 2 are incorporated by reference as it tully set forth herein, 4, On the 17th day of February, 1994, at '>11 l.owther Btreet, l.emoyne, cumberland county, Pennsylvania, the llefendllnt unlawfully and with lorce and arms assaultell the Plaintiff and then did and there with hIs fIRtH bUilt, woullII, 111111 III heilt the ...'.,I'."......'uV't. 'U Plaintiff by striking him many violent blows and strokes on and about ths head, shoulders, arms and torso. 5. As a result, the Plaintiff was then and there greatly hurt, bruised, and wounded in and about the face and head, and became and was sick, sore, lame, and disordered and so remained for a substantial period of time, then next following, during all of which time the Plaintiff thereby suffered and underwent great pain and was hindered and prevented from performing and transacting his necessary affairs and business by him during that time period to be performed and transacted. 6. As a result, Plaintiff has be obligated to expend the sum of Eight Thousand Eight Hundred Forty-seven ($8,847.00) dollars for medicines, physicians' services, rehabilitation, and nursing in and about endeavoring to treat and cure his injuries. 7. As a result, plaintiff has been unable to follow his usual employment and activities, and has been permanently injured. WHEREFORE, Plaintiff Robert stroll demands judgment against Defendant Eric W, Sloan in an amount in excess of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS. COUIIT II BATTBRY 8. The averments set forth in Paragraphs 1 through 7 are incorporated by reference as if fully set forth herein. 9. On the 17th day of February, 1994, at 511 Lowther street, Lemoyne, cumberland county, Pennsylvania, the Defendant , \lo"-V.1lJI.;n"lJ,'Il"UAIII<"'U- unlawfully and with force and arms committed a battery upon the Plaintiff and then did and there with his fists beat, wound, and ill treat the Plaintiff by striking him many violent blows and strokes on and about the head, shoulders, arems and torso, 10. As a result, the Plaintiff was then and there greatly hurt, bruised, and wounded in and about the face and head, and became and was sick, sore, lame, and disordered and so remained for a substantial period of time, then next fOllowing, during all of which time the Plaintiff thereby suffered and underwent great pain and was hindered and prevented from performing and transacting his necessary affairs and business by him during that time period to be performed and transacted, 11. As a result, Plaintiff has be obligated to expend the sum of Eight Thousand Eight Hundred Forty-seven ($8,847.00) dollars for medicines, physicians' services, rehabilitation, and nursing in and about endeavoring to treat and cure his injuries. 12. As a result, Plaintiff has been unable to follow his usual employment and activities, and has been permantly injured. till""" JJHHlIlIl'_1 ........\'1 I'W VERIFICATION I verify that the statements set forth in the attached complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. t:ri<L/z,t bert T. stroll , -\lI,\.t1l1N1U","UAU4l'lltltl' "'. 1 " 'j ~. ~ .~ In :~ \i ~ :,n \ ' . ", - \ \" "'" " " ., "- ~ ~/' , 1.:" J t\ '" " C(I '" 1, , ~. ,~ " . ~ ' 1 ~ ~ ('. . '.J "4l.. Ul i:J 0-1 0.0< Zo. o . ~~ '" U :K . ~ 5 ",8 j 0-1.... 0-1.... .oJ ~ o I 0,... c O~r~ f-<~ Ii!: ~ ~ . III H Z'tl .0: ~j 0 In '... .0: C 0-1 : h f,11 III o QJ ~ O~ H '..... ..1.... U /.II t; e-<o. . Ul QJ > 0 5 1[[ ~ ~ 0< 0 u e-< . ~ ~ p: :J: W ~ i ~ 12:1&< ~ . III U 0 H .... H 0 ~ p: w ~ ~ ROBERT T. STROLL, Plaintiff , I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 95-2418 CIVIL TERM I JURY TRIAL DBMANDED VB. ERIC W. SLOAN, Defendant. NOTICE TO PLEAD TOI Robert T. Stroll, Plaintiff. and William C. Vohs, Esquire, his attorney You are hereby notified to file a written response to the enclosed preliminary objections within twenty (20) days from service hereof or a judgment may be entered against you. LOWELL R, GATES, P.C. 7@ 'j '~ BY I lL,,'V'Lt 'c... X /.' " Mark E, Halbrun r, squire Supreme Court I,D, H66737 600 North 12th Street, Suite 2 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendant) Datedl May 24, 1995 LOWELL R, GATES, P.C, BYo ')17tulr 'VJ.@ Mark E, Halbruner, Esquire Supreme Court 1.0, #66737 600 North 12th Street, Suite 2 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendant) WHBRBFORB. Defendant respectfully requests that the Court issue an order directing Plaintiff Robert T. Stroll to amend his complaint to include a more specific statement of the facts underlying Counts I and II and the damages claimed therein. Respectfully submitted, DATED I May 24. 1995 :I . , 'gr.J it i.1 L .,) ii .~' ~ " .. -j - .. c, ! u ~ . p a. .. I i ~ 5 I !r~1 ,) I e~ ~ I. I , ! III! ~~ , tol ~ ~ I ~ iii I . ~ . ~ l!l Ii LS i ! Ai f1i': i j~,! 1'1 i 'rlWI A: I Il1!"'}'I' II! " I ; ~ ! , , , , " ".!;: < ,',1; ~ Ii,.' 'i I ,. "1'1 ,- , I' ,. r !11;i!l!'l' f,; I 11 j , ,. , ,,- I , t.~ I ^ I Ii , -\ '!!1' l! 11 i I. Ij' 'i' ,I; 11'i'if ,,'r ,w. " 'I l' , j , I 'Wj'! 11 "I " ll:fdi 1, t, .. t L' ,j,.t'-Il"l' .4'-1 i,l " 11 , , . i l'J " ,~ Ii I 1. II I! l'lii(!J! ",I,t ! , .' ; I, . i: ;1 i II-I I' I, f At,i , " H, . i I , , ! I' . , , 'to,; , t,lj .. , I ., II' !11 .. , > , , i' , I ,> i . i , I " , t1i , I . , <",. , , , , , It, . , , , , , , , f ! " , ., h I j I- , , ':;""!J:;~,~.* of. . -. ...;"/,-:-' !/ci~' -Jl " ., '.!' 1 (/ - , -' / : 11.'/, " ; 7';/ t_" . '0 " 'lIt,., FIr -ft'.- (, )1\ "t'(,~ . l Y'<</ ' PRAECIPE FOR l,lSTING CASE FOR ARGUHENT (Must be typewritten aOO subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please llst the within matter for the next I\rglI1lCJlt CcAJrt. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) ROBERT T. STROLL (p.l11intiff) L._ 1-0 .., '" .....' VB. r'--' ~ o ,"I -,. ERIC W. SLOAN " .,;',' :;r; t:fl (Defendant) t'b. 15-2.'1/8 civil ftAW1 19 1. state matter to be argued (Le.. plaintiff's rrotion for new trial. defeniant'a demurrer to complaint. etc,): Defendant's Preliminary Objections to Complaint 2. Identify counsel who will argue case: (a) for plaintiffl l\ddreSs I william C. Vohs, Esquire Hanft & Vohs, Attorneys at Law 11 W. pomfret Street, suite 2 Carlisle. PA 17013 Mark E. Halbruner, Esquire 600 N, 12th Street, suite 2 Lemoyne, PA 17043 (b) for defeBiant: l\ddreSs: 3. I will notily all parties in writing within n.u days that this case hall been llsted for argurent. 4. AttJUrellt court !Jate: August 16, 1995 IIlt.ndl I. I h~{/iCpL.1 m .ft,,, VW Onlf!Y for '" :(\ht' . . ROBBRT T. STROLL, I IN THB COURT OF COMMON PLEAS plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA I VI. I CIVIL ACTION . LAW I BRIC W. SLOAN, I NO. 95.~418 CIVIL TBRM Defendant. I JURY TRIAL DEMANDBD WITHDRAWAL OF DEFBNDANT'S PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Eric W. Sloan, by and through his attorneys, Lowell R, Gates, P.C., and withdraws the preliminary objections filed herein on May 24, 1995. Respectfully submitted, [,QWELL R. GA'rES, P. C, BYI~ :d (if] . Mark E. llalbrU~re supreme Court 1.0. M66737 600 North 12th Street, suite 2 Lemoyne, FA 17043 (717) 731-9600 (Attorneys for Defendant) DATED I -8 - :) , 1995 CBRTIFICATB OF SBRVICB I, Mark E. Halbruner, Esquire, of the law firm of Lowell R. Gates, P.C., hereby certify that I served a true and correct copy of the foregoing Withdrawal of Defendant's Preliminary Objections on thio date, by first-class U.S, mail, to the following counsel of record at his addresol William C. Vohs, Esquire Hanft & Vohs 11 West Pomfret Street, Suite 2 Carlisle, Pennsylvania 17013 (Attorneys for Plaintiff) LOWELL R. GATES, P.C. Datedl 5?-3 BYI f11A$: ~a?- Mark ~Halbruner, Esquire Supreme Court I,D. "66737 600 North 12th Street, Suite 2 Lemoyne, PA 17043 ('117) 731-9600 (Attorneys for Defendant) , 1995 '.J'"1 en - :;', ~ ,,,,:' ~ 1). .::I' i.." ....., r-- <.3 ' .:::. '.. .::::a. ,,' ~i u i . ~ l!. :!l 1Il ~ i I ~ II ~ 5 I .~ ... ~~ I ~ f~~ !j ~~ ~o l~ I ~ I ~ ~~ I . H . ~ ~;~ ; ~ :S E ~ ~ i . . ROBBRT T. STROLL, I IN THB COURT OF COMMON PLBAB plaintiff, I CUMBBRLAND COUNTY, PBNNBYLVANIA I vs. I CIVIL ACTION . LAW I BRIC W. SLOAN, I NO. 95-2418 CIVIL TBRM Defendant. I JURY TRIAL DBMANDBD NOTICB TO PLBAD TO: Robert T. Stroll, Plaintiff, and his attorney, William C. Vohs. Esquire of Hanft & Vohs. You are hereby notif ied to f Ue a wri tten response to the enclosed Answer with New Matter and Counterclaim wi thin twenty (20) days from service hereof or jUdgment may be entered against you. LOW:~I. "/ATE'. W' BYI 7; i/fl.I c .' ~tr . Mark E. lIalbruner, Esquire Supreme Court 1.0. M66737 600 North 12th Street suite 2 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendant) DATEDI g - 2l( , 1995 ROBBRT T. STROLL, Plaintiff, I IN THE COURT OF CONNON PLBAS I CUHBBRLAND COUNTY, PBNNSYLVANIA I I I I I CIVIL ACTION - LAW VI. BRIC W. SLOAN, Dafendant. NO. 95-2418 CIVIL TBRM JURY TRIAL DBMANDBD ANSWBR WITH NBW MATTBR AND cOUNTBRCLAIM AND NOW, comes the Defendant, Eric W. Sloan, by and through his attorneys, Lowell R. Gates, P.C., and makes the following answer with new matter and counterclaim: ANSWBR 1. Admitted. 2. Admi tted. COUNT I . ASSAULT 3. No responsive pleading is required. 4. Admitted in part and denied in part. It is admitted that on February 17, 1994, at 511 I,owther Street, I,emoyne, Cumberland County, Pennsylvania, Defendant and Plaintiff were involved in a physical altercation. It is denied as a conclusion of law that Defendant assaultud Plalntlll. 5. Atter reasonable involILtgaUon, Defendant is without knowledlJo Dr Inlorma!.lon sufllclent to form a bellet all to lhe truth of the aVUllTlllntll IIt,llod in para<Jr.l(lh 5 of the complaint, Ilnd pr oof thur mif I H '!olTli:lfll!lJd j f 10 l.lVilnt , (" Afltll ItlillWnilhlu lnvtlsl j'Jill.lon, LJefundanl Is withoUl knowledge or information sufficient to form a belief as to the truth of the averments atated in paragraph 6 of the complaint, and proof thereof is demanded if relevant. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments stated in paragraph 7 of the complaint, and proof thereof is demanded if relevant. WHEREFORB, Defendant demands jUdgment in his favor dismissing Count I of the complaint and awarding Defendant his costs and attorneys' fees together with such other relief as the Court deems appropriate. COUNT II - BATTERY B. No responsive pleading is required. 9. Admitted in part and denied in part. It is admitted that on February 17, 1994, at 511 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, Defendant and Plaintiff were involved in a physical altercation. It is denied as a conclusion of law that Defendant battered Plaintiff. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments stated in paragraph 10 of the complaint, and proof thereof is demanded if relevant. 11. After reasonable investigation, Defendant is wi thout knOWledge or information sufficient to form a belief as to tho truth of the avennents stated in paragraph 11 of thu complllillt, and 2 proof thereof is demanded if relevant. 12. After reasonable investigation, Defendant is wi thout knowledge or information sufficient to form a belief aa to the truth of the averments stated in paragraph 12 of the complaint, and proof thereof is demanded if relevant. WHEREFORB, Defendant demands judgment in his favor dismissing Count II of the complaint and awarding Defendant his costa and attorneys' fees together with such other relief as the Court deems appropriate. , \ NEW MATTBR 13. In the incident described in the complaint, Defendant acted in self-defense. 14. The incident described in the complaint consisted of combat b~' mutual consent of plaintiff and Defendant. 15. In the incident described in the complaint, Defendant acted in protection of his property. 16. In the incident described in the complaint, Defendant was provoked by Plaintiff and his companions. 17. Defendant has satisf ied any and all damages to which Plaintiff may be entitled. WHEREFORE, Defendant demands judgment in his favor dismissing Counts 1 and II of the complaint and awarding Defendant his costs and attorneys' fees together with such other relief as the Court deems appropriate. 3 COUNTBRCLAIM COUNT I - ASSAULT lB. paragraphs 1 through 17 of this Answer with New Matter and Counterclaim are herein incorporated by reference. 19. On February 17, 1994, at 511 Lowther Street, Lemoyne, Cumberland county, Pennsylvania, by means of threatening words and physical conduct, plaintiff intentionally and maliciously placed Defendant in reasonable apprehension of physical injury and/or offensive touching. WHBRBFORB, Defendant dLmands judgment against plaintiff for punitive damages, costs and attorneys' fees together with such other relief as the Court deems appropriate. COUNT II - BATTIRY 20. Paragraphs 1 through 19 of this Answer with New Matter and Counterclaim are incorporated herein by reference. 21. On l'ebruary 17. 1994, at 511 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, Plaintiff unlawfully, maliciOUSly and with force and anns battered Defendant by spitting upon him, violently bump!nlJ him, vlolonlly striking him many blows and strokes on anc( about the head, shoul'!OIS, arms and torso, violently throwill<j llelolldanl t.o the qroulld and wresllinlJ wJt.h him. 22. As II rusull of Plaint Ill's conduct, Uelen<!ant was then and thuro hurt., brulsod dnd woullc!e,! iln<! suffered ment.al ftn'lu!Bh. WHBRBFO!UI, !Jl!llJl\dilnl c(elniHI<!s 1\J<!'jrnont. a'latntlt. Plaintiff for pain ill\(l SUlllll ilIIJ, pUIIII Ivu C1illllillllJ!I, Clllltll illld att.orneys" fees 4 together with such other relief as the Court deems appropriate. COUNT III - TRESPASS 23. Paragraphs 1 through 22 of this Answer with New Matter and Counterclaim are incorporated herein by reference. 24. On February 17, 1994, Defendant was in lawful possession of the real property located at 511 Lowther Street, Lemoyne, Cumberland County, Pennsylvania. 25. On February 17, 1994, Plaintiff intentionally and without permission entered upon Defendant's premises. WHBRIFORB, Defendant demands judgment against Plaintiff for compensatory and punitive damages, costs and attorneys' fees together with such other relief as the Court deems appropriate. Respectfully submitted, LOWELL R. GATES, P.C. . I . /';} ) BYI )lzL/,tl C~. yku- , Mark E. Halbruner, Esquire Supreme Court I.D. M66737 600 North 12th Street, Suite 2 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendant) DATED. -K - )../ L_, 1995 [) VBRIFICATION The foregoing Answer with New Maller and Counterclaim is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the subject to the penalties of 1B Pa.C.S. 54904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be SUbject to criminal penaltiea. ~y~ /7 C, ... document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made BRIC W. SLOAN Datedl ;1~? I 7'3 . 1995 ~ >;... .. ",I- s:: ~' ;., ~ ..1" (.J";J," o -"l.J., J :.' I j , .1'. !3 ,'I;'" r. _~ ,r, .'-1 ' , r: ;' ,~, - , ~i u i . ~ l!. :!l z ~ ~ e i II m ~ ... ~ o -< ~ ~~ J * ~ uS ~f~d ;.: I. 5 ~ ~= ~ ! I ~!~ . ~! ~ ~ w I H ; E . ; :s ; ~ ~i~ u o z ~ ~ ~ . . ($25,000.00) Dollars. ANSWBR TO COUNTBRCLAIM COUNT I - ASSAULT 18. No response is required. 19. The averments contained in this paragraph are conclusions of law to which no answer is required. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars. COUNT II - BATTBRY 20. No response is required. 21. The averments contained in this paragraph are conclusions of law to which no answer is required. 22. The averments contained in this paragraph are conclusions of law to which no answer is required. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an amount in excess of Twenty-Five 'l'housand ($25,000.00) Dollars. COUNT III - TRISPASS 23. No response is required. 24. The averments contained in this paragraph are conclusions of law to which no answer is required. 25. The averments contained In this paragraph are conclusions of law to which no anewer Is required. WHEREFORE, Plaintiff demands Judgment In his favor and against Defendant In an amollnt In excess of 1'wllnty-Flve Thousand , "", ,', 1I.....~1."11 1111 \ ',W '1") ~,., ~ ::~_ .1' ' ....;. ,oJ ' ;1' ... 1"1 1./) il N !. ~ ~ i! ~ 5 ~~ ~ o ~ '::l :ii : I Pill . ~ ~I ~ 8 E ~ . ~I Ii: I~[ ~ ~ ~ U z Ei H ~ i p: ei z . ~~ H !! ~ ~ CAPITOL PRODUCE, INC., IN THE COURT OF Plaintiff DAUPHIN COUNTY, v. NO. 2418 S 1995 VISHNU SHENOY and PASSAGE TO INDIA, INC. Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE The Complaint in the above-captioned matter was served on the Defendante by serving their Attorney of Record, Michael Bange, Eequire at 525 North 12th Street, PO Box 168, Lemoyne, PA 17043, by mail June 26, 1995. NICHOLAS & FOREMAN ~3l/ ) By: Bruce D. Foreman, Eequire 3207 North Front St. Harrisburg, PA 17110 (717) 236-9391 Attorney 10 U 21193 Attorney for Plaintiff l:R - ,. . . ;I~ on In co C-..I "- ... V1 ~l .... -~ f , !~i ..' tLj( ~) j- " ,. 1.._. 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