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HomeMy WebLinkAbout95-03974 In'; RICHARD SMlTtl lIlltl MARY E. SMITH, 111~, li]fl' , PloJnti ffs IN \>,1' COURT OF COMMON 1'1 FAS OF CliMHHlI AND COUNTY. PENW;YI VANIA V. SANDRA M, WILSON. Dl'fl'rHlollt CIVIL ACTION - LAW NO. 95-3974 CIVil TERM pRETRIALCQNfERENCE At n prl'trinl COllferp.nce Ileld .Jonunry 7,1997. before Edgar B. Bayley. .JurJge. present for the plaintiffs wos Francis M. Socho. Esquire, oml fnr ttle defendnnt. .Jomes G, Nealon. Esquire. This is 0 reur-elld 1II0tor vehicle occident in which defendant will be odmitting liobility. Plaintiff claims general damages only. There is no claim for lost woges or lost earning capacity. Defendant will be colling a biomechanlco] expert who will lIIaintain that the force of the collision was insufficient to produce the injuries claillled by Plnintiff Mary E. Smith, Defendant made a motion tn take the deposition of the expert prior to trial. which IS denied. Estimated time of trial. 0~1'}0 one I . Ed~~"1 ( and a half days, Francis M, Socha, Esquire For PI ointi ffs .James G, Nealon. ESQuirl! For Defpl1dunt :prs >- -- 0; lr. f;::; ~ .. ~j ~G' - (.)~ ( r, .- l.e '-" .:i:: : ::J ,I.fl 9\, '.... (,..., :in f.j:. 1','- "J ~.~ La.:l'. 'jib r : , 'u.. ". .... "j U 0"' D :1 < ... Pog ! ..:I < . I < N 1m ! ... :: t ;: N ~! ~ . N .. ~ . . N o " - T ; rJJ Z · '" Po ~s 1: C ~ ,; . ~ .. N ~j ro. . . ... . c ;. - Ii: ~ . z ~ 0 :> II: .. ~ z _ ~I : :I: = !: IS j ; fI1 : :. ~ Bu <"DIU'" I 01 ~ : . ;; 3 z ~ g ~ ~~ < N . 01 . - ~ == N . Po N . ~ . = ~w u .- , " ,'" . RICHARD SMITH and I MARY E. SMITH, his wife, I I plaintiffs I I v. I I SANDRA M. WILSON I I Defendant I ,..J ~ J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 11, 37' 71/ t'a't;} 'V2C/11 CIVIL ACTION - LAW PRAECIPB FOR WRIT OF SUIOIOMS TO THE PROTHONOTARY OF SAID COURTI Please issue Writ of Summons in the above-captioned action. ~ Writ of Summons shall be issued and forwarded to , ( ) Attorney Datel ~ I/Zlr\C[) ( Y ) Sheriff ----- ~ =-1_ - lit ~JleiS M. Socha, "ESqu re ~1 North Second Street Harrisburg, PA 17110 717/233-4141 I.D. No. 29101 WRIT OF SUIOIOIIS Sandra M. wilson RD 1 Box 289 Route 194 Dillsburg, PA 17019 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. TO THE ABOVE-NAMED DEFENDANT I Date I 7" ,:J) , 1995 lil }6,.0'1f..t't. [t /J,.~, prothonotary BYI D;;~t;&'{ ~ X/~, 9:l , ,. ~ . ',~, -,,,.,, Ln en ~ ~t: 1-' ~- 4J," ,~I (_t.t;:' ." CI) ,_.;"'"1 l,.__; 1"1') I....:. ,', ~ 5 co Crl '"" g - . ,. '_1"/ " .1" ~~; :..: ~:-' o :> Z o tIl ..:I H ~ 8 Z H ~ fl. S (J QJ '" '0-1 Cl I ~i; ';~~Cl~ ~B~~~~ r5lSi"'! fl oJ j:...!: :I::\~lhjl:: III U Z", .rot 0 - i6 u V) O!!! I': 1:1'" III ~ '" :!: ... tIlH rs~ ..:I> l1.>j ZtIl j! 0l1. (J ...~ O~ 80 ~(J 8~ ~B Z~ H QJ .... '0-1 :i III 'tl'M 1':.1:: III , ~~ HH :1::1: tIllll CI . ~: ~~ o :I: ~ CI ~ tIl II " RICHARD SMITH and I MARY E. SMITH, his wife, I I plaintiffs I I v. I I SANDRA M. WILSON I I Defendant I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 95-3974 Civil Term CIVIL ACTION - LAW NOTICE YOU HAVE BE8M SUBD 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAltB THIS PAPER TO YOUR LAllYBR AT ONCE. IF YOU 00 NOT HAVE A LAWYBR OR CANHOT AFPORD 01lB, GO TO OR TBLBPHOIIB '1'HB OPPICE Sft PORTH BBLON TO PIND OUT WHBRB YOU CAlI Gft LEGAL HBLP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 -" ..--.,..... - .... ~'. .~ --.:. '-,'" RICHARD SMITH and MARY E. SMITH, his wife, Plaintiffs I I I I I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 95-3974 Civil Term v. SANDRA M. WILSON CIVIL ACTION - LAW Def~ndant CQIIPLAltrr AlID lION, this 2Ci1.-'-\.\--. U day of August, 1995, comes the Plaintiffs, Richard smith and MAry E. smith, his wife, by their .ttorney, Fr'nc" M. SoCha, ..qu.re, .ad ,.'e' tb1' coop,.let and respectfullY avers the followsl 1. Plaintiff, Richard smith, is an adult individual residing at 709 Alison Avenue, Mechanicsburg, Cumberland County, pennsylvania. 2. Plaintiff, MAry E. smith, is an adult individual residing at 709 Alison Avenue, Mechanicsbur9, Cumberland county, pennsylvania. 3. Defendant, sandra M. Wilson, is an adult individual residing at RD 1 BOX 289 Route 194, Dillsburg, york county, pennsylvania. 4. The facts and events that this action is based on occurred on or about August 9, 1993, at approxilllatelY 5108 p.m. 5. On the above date and tillie, the Plaintiff, MAry E. smith, was a passenger in a vehicle owned and operated by Plaintiff, Richard smith. At such tillie, the vehicle operated by Mr. Smith was stopped at a red light at Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania. COUNT I Mary E. Smith v. Sandra M. Wilson 6. Plaintiff, Mary E. Smith, incorporates by referenced Paragraphs 1 through 5 as if set forth at length. 7. At the aforesaid time and place, the Defendant was the owner and operator of a 1983 Pontiac Phoenix. 8. At the aforesaid time and place, while the motor vehicle in which the Plaintiff, Mary E. Smith, was an occupant, was stopped at a red light, Defendant failed to slow down and struck the vehicle in which the Plaintiff, Mary E. Smith, was a passenger, in the rear. Such accident resulted in Plaintiff, Mary E. Smith, suffering physical injuries. 9. All of the physical injuries and damages hereinafter related are the direct and approximate result of the careless, reckless, negligent, wanton and wilful manner in which the Defendant operated said vehicle. The negligence, carelessness and recklessness of the Defendant consists of, but not limited to, the following I a. failing to have the said vehicle under proper and adequate control at the time and place of the accident; b. operator the said vehicle under a high and excessive rate of speed under the circumstances; c. failing to keep a proper look-out; 2 \ d. failing to use due-care and acting without regard for the right, safety, and position of the vehicle in which the plaintiff, Mary E. Smith, was an occupant at the time and place of the accident. e. traveling too fast for conditions; f. following too closely at an excessive rate of " speed; g. failing to apply his brakes in time to avoid striking the vehicle in which the Plaintiff, Mary E. Smith, was an occupant; and h. otherwise operating her vehicle in a manner endangering persons and property, and with careless disregard for the rights and safety of others, and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. As a direct and approximate result of the aforesaid accident, the Plaintiff, Mary E. Smith, suffered injuries which are serious and permanent, including, but limited not to, the following. a. subluxation complex b. ligamentous instability c. myofascitis d. nerve root irritation e. cervicobrachial syndrome f. headaches g. soft tissue injury to the right shoulder 3 11. As a result of the aforesaid injuring he received in this accident, the Plaintiff, Mary E. Smith, has undergone in the past, is undergoing in the present, and will undergo in the future great pain and suffering. 12. As a result of the aforesaid accident, the Plaintiff, Mary E. Smith, has suffered a sever loss of earning and impairment of her earning capacity and power. 13. As a,result of this accident, the Plaintiff, Mary E. Smith, has suffered a permanent disability and permanent diminution of her earning power and capacity. 15. As a result of the aforesaid accident, the Plaintiff, Mary E. Smith, has suffered permanent diminution of her ability to enjoy life and life's pleasures. 16. As a result of this accident, the Plaintiff, Mary E. Smith, has incurred reasonable and necessary medical and rehabilitative costs and expenses. WHEREFORE, the Plaintiff, Mary E. Smith, demands judgment against the Defendant in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdiction amount requiring compulsory arbitration. COUNT II - LOSS OF CONSORTIUM Richard Smith v. Sandra M. Wilson 17. Plaintiffs, Richard Smith and Mary E. Smith, incorporate by reference Paragraphs 1 through 16 as if set. forth at length. 4 In ~ ,'. ~~:: I..... '" III I....J ., "- '" ~, Q en E z . I- :! 0 101 II: .. ~ 101 Z ~ . 0( ~ 0( . .... .. ~ 1&.1 0 III ::c: . l- . I- ~ 0 0( z ~ u Ul 0 Z .. )- ~ z .J . ~ ... . ... .J 2 z . a. I- 1&.1 ~ IE ~ 15 ~ ~ 0 0 w IE 0 .. ~ z ;) 0 ;; .J . 0( III ~ . III Ul U c 1'1 it IE 0( I: '. SHEIi 1 FF'~, BETUr,lI . OUT OF COUNTY CASE NO: 1995-03974 P COMMONWEALTH OF PENNSYLVAlIIA: COUNTY OF CUMBERLAlID ~3M 1.I.!UlJ..DiAJ1Q..j:;UJ.. .-- VS. WILSON SANDRA M R. Thomas Kline . Sheriff. who be1ng duly sworn according to law. says. that he made a diligent uearch and inqu1ry for the w1thin named defendant, to wit: WILSON, SANP.fiA M but waS unable to locate - Her__ 1n his bailiwick. He therefore deputi=ed the sheriff of YORK to serve the with1n WRIT OF SUMMONS County. Pennsylvan1a. On Sept."'_rn!>~I~_5thJ_.-1395 the attached return from ____ YORK , this off1ce waS in receipt of County, Pennsylvania, Sheriff'S Costo: Dockel.i ng Out of County Surcharge YORK COOlITY So answ.l1rs: ,. . .~ j,,::;.~....:'~:'- ~'.. .,;~' 18.00 9.('10 Z,00 31.50 s~:bl5 FRANCIS SOCHA 09/15/19'35 ~homas Kl1ne, Sheriff Sworn and subscrlbed to before me thlF; JIM day of -4u.1I't..----- 19-1.L_ A. D. ___ (I _ __ --f',_J:~~<l{"""--r~n1? o~::..~ r.ruLlll)ntJt.a )' r-". en y'''') i...l ,.1 1-." . , ~ :_..' 0 III E z , .. :! ~ Iol 0:: .. ,. Iol Z ~ . C ~ C . .. I&l 0 ..J III ~ x: . ... . .. ~ 0 C z .., u III 0 Z " >- ~ z oJ . .. Iol , Iol x oJ 0 Z .. a. I&l ;; 0: ~ ~ J . 0 0 w 0: 0 .. I: z :> 0 ;:; oJ . C al ~ . .. III U . ... it 0: C J: .. RICHARD SMITH and MARY E, SMITH. Plaintiffs . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY. PENNSYLVANIA . v, . No,: 95-3974 Civil Term . CIVIL ACTION - LAW . SANDRA M, WILSON. Defendant . . JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Richard Smith and Mary E, Smith. Plaintiffs and Francis M, Sochll, Esquire. their IIltomey 2201 North Second Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof, Failure by you to do so may constitute an admission, Respectfully submitted, By: c CALDWEL4;, & KEARNS _ - C-="~ie:fN~~I. ~:Ere Attorney \.D, #46457 3631 North Front Street Harrisburg. PA 17110 (717) 232-7661 Attorney for Defendant Sandra M. Wilson Dated: October 10, 1995 ~n91 ..,..., ~ , ...."'" ~,. , ..; U. 1.,'1 , ' '- ' . <n ....J .'- ... t.::-I III g:a ! ~~ CU ~ ... '" 0 :Z:III 50 I;; ~~ ~ H -r O~ ~ ro:l ~ U U 'tl .o~ ~ ~~ I:l :z: i5 ... nl 0 :z: ~i II: r- ~~ III ~ i a ~8 '" ~ 0 ,., H E-t I ~~ ~ .~ i" E ;; III . e>: :Il ~ ~~ '" 11I11I > . ~ Q' :Il III ! . ~ro:l ~ III '" :; III 0 :a u l:t~ :z: ~~ ~ :z: ~ ~ H III ra. . ' - RICHARD SMITH and I MARY E. SMITH, his wife, I I Plaintiffs I . . v. I I SANDRA M. WILSON . . Defendant I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 95-3974 Civil Term CIVIL ACTION - LAW AH8WBR TO 111M MATTER 20. Plaintiffs incorporate their answers to Paragraph 1 through 22 of their complaint as if set forth at length. 21. Denied. The averments contained in Paragraph 21 are conclusions of law to which no responsive is pleading is required. 22. Denied. The averments contained in Paragraph 22 are conclusions of law to which no responsive is pleading is required. 23. Denied. The averments contained in Paragraph 23 are conclusions of law to which no responsive is pleading is required. WHEREFORE, the Plaintiffs respectfully request that the judgment be entered in their favor and against the Defendant. Respectfully submitted It'!. s M. Socha, squ~re 1 North Second Street Harrisburg, PA 17110 717/233-4141 Attorney for Plaintiffs ~ . -._-- ........- ..,' ,'~ - \ " a:~ w - >S! a~f- C) ~ 0( u ~.JUlI Z~~ 0% a.1t .J:3Q ~~~ z~ III IQ <0 a: Q o <0 o 0 It " ~IIl; . IQ ~ Ea~ ~CD~ t;~~ '" ' '; ~ X :::J II It! ~ it '; :t , ' RICHARD SMITH and MARY E. SMITH, hi. wife, Plaintiff. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-3974 CIVIL TERM SANDRA M. WILSON, Defendant : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Caldwell & Kearns previously tiled In the above-captioned matter, CALDWELL & KEARNS hi' By: Timothy I, rk. Esquire 3631 North Ff~ Street Harrisburg, PA 17110 (717) 232-7661 Please enter my appearance on behalf of the Defendant In the above- captioned matter. NEALON & GOVER B;: =\ $?& James G, Nealon. III, Esquire 301 Market Street -- 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 PRAECIPE FOR LISTING CASE t'OR 1'RIAL (Must be typewritten ilnd [lul:lnitted in duplicate) 'l'O 'nlE PIPl'I\OtCl'I\RY OF CUMBERLN'V COUNJ'Y Please list the following case. (CheCk one) x) for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption I1'lst be stated in full) (check one) (X) CivilllCtion - LaW l\ppeal fran Arbitration RICHARD SMITH and MJ\R'l E. SMITH (other) (Plaintiff) vs. The trial list will be called on mm December 17, 1996 Trials commence on January 27, 1997 SA~DRA M. WILSON pretrialS will be held on January 2, 199 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthWith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) (Defendant 1 vs. No. 3974 Civil 19 95 Indicate the attorney who will try case for the party who files this praecipe. FOR PLAINTIFFS - Francis M. socha, Esquire Indicate trial counsel for other parties if known' FOR DEFENDANT - James G. Nealon. Esquire This case is ready for trial. signe print M. SOCHA, ESQUIRE Date. \0 \ 2\S \ C\ lr /lttorney for. Plaintif f ~ \l) n a. '"' ~r;; "" ;f:~ n (I" -l :;'-:1'1' N :Jc ~;:;; co .... ~. ':> .~ :!";C !J= .-, '. S;C 9 ,J c.: -;.! ...:., r:- :.g =< -J ..... 2. If you find that the Defendant sandra Wilson is liable to the Plaintiff Mary smith, you must then find an amount of money damages which you believe will fairly and adequatelY compensate the Plaintiff Mary smith for all the physical and financial injury she has sustained as a result of the accident. The amount which you award today must compensate Mary smith completelY for > damage sustained in the past, as well as damage Mary smith ....",1-11 I"j sustain in the future. Pa. SSJI (civ.) 6.00 '\ -+~ ,'. -.'. - \ 05 EXPERT TESTIMONY. CREDIBILITY GENERALLY A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled, In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion, You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses, Give it the weight, if any to which you deem it entitled, Pa, SSJI (Civ,) 5,30 RICHARD SMITH and MARY E. SMITH, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 95-3974 CIVIL TERM v. SANDRA M. WILSON, Defendant : CIVIL ACTION - LAW VERDICT SLIf:' 1. Was Ihe negligence of the Defendant, Sandra M. Wilson, a substanllal factor In bringing about the Plaintiffs harm? Yes \; No (IF YOU ANSWER QUESTION NUMBER 1 "No", THE PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER OUESTIONS AND YOU SHOULD RETURN TO THE COURTROOM.) 2. State the total amount of damages that you award to: Mary E. Smith $ 0 Richard Smith $ C) DATED: /-30'97 A% ~ --. i". I .. ~ - ~/_.... I. FOREPERSON Ph,/,t' A GClldi'tr' ". -.~-~._,....:... ~_.-. /. "