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HomeMy WebLinkAbout96-00520 I ~ I -;:1 I i I .~ I V) I , \, ~ , // ~ i , ~ ; i J! : j ! ! ! , 0, i ! ~ j , U i l()l I I i ...5 I 0-1 j .,) ~: I , , i ! PENNSYLVANIA KATHY SMITH and CURTIS SMITH. husband and wife. : CIVIL ACTION - LA W : NO, q ~ - S 1. 0 Cc..~~ T.;ZMvV Plaintiffs vs, AMANDA STOUT, Defendant NOTICE You have been sued ill 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 liIing in writing with the court your defense or objections to the claims set forth against you, You are wamed that if you fail to do so, the case may proceed without you and 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 Plaintiffls), 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 HA VE A LA WYER 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 Carlisle, PA 17013 (717)697-0371 (717)240-6200 '"'. .~ '-'.'-'~'.,.-._~_ "',~_":'e",~"_' '.-~'~' ....~."-""/ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KATHY SMITH. Plaintiff : CIVIL ACTION - LAW : NO: vs, AMANDA STOUT. Defendant COMPLAINT AND NOW comes Plaintiff, Kathy Smith, by and through her attorneys, McGRA W, HAlT & DEITCHMAN, and Jennifer C, Deitchman and complains of the Defendant as follows: COUNT I KATHY SMITH vs. AMANDA STOUT I. Plaintiff. Kathy Smith. is an adult individual residing at 935 Factory Street, Carlisle, Cumberland County. Pennsylvania, 2. Defendant, Amanda Stout, is an adult individual whose last known address is 103 North Baltimore Avenue, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania, 3. This action arises out of an automobile collision which occurred at the entrance to Route II from the Silver Spring Commons shopping center in Silver Spring Township, Cumberland County, 4, On or about June 13. 1994, at approximately 2:10 p,m.,Plaintiffwas a passenger in an automobile driven by Defendant, Defendant had the pennission of the vehicle's owner. Terry Stout, to drive said vehicle, 6, As a result of the collision, Plaintiff suffered severe and serious injuries and damages as are hereinafter set forth, 7, The injuries and damages hereinafter set forth were caused solely by and were the direct and proximate result of the negligence of the Defendant, in any or all of the following respects: a) In Defendant's failure to have the vehicle under proper control; b) In failing to keep alert and maintain a sharp lookout of the road and the surrounding traffic conditions; c) In failing to properly assure a clear distance ahead while operating her vehicle; d) In continuing to operate the vehicle in a forward direction when the defendant saw or in the exercise of reasonable diligence should have seen that further operation in that direction would result in a collision; e) In failing to opemte the brakes in such a manner so that the vehicle could be stopped in time to avoid the collision; f) In failing to observe the care and caution required under the circumstances; g) In violating the various statutes and municipal ordinances pertaining to the opemtion of motor vehicles on public thoroughfares under the circumstances; 5, As Plaintiff was traveling with Defendant. the Defendant operated the motor vehicle in /l reckle:,~. negligent and careless manner, causing the automobile to collide with another vehicle, rear-ending the other vehicle while attempting to enter Route II from the shopping center, The particular acts of negligence of Defendant are set forth below, 8, Solely os 0 result of the negligence orthe Defendant os aforesaid. PlaintilT sustained the following injuries, 011 of which ore or may be ofa serious and permanent nature, including, but not limited to: cervical strain and injuries to the bones, muscles, tissues and ligaments of the right shoulder, 9, Solely as 0 result of the negligence of the Defendant os aforesaid, PlaintilTalso experienced dizziness and headaches. for which she sought treatment from various medical providers and physical therapists, 10, As a result of the aforesaid injuries, PlaintilThas sustained the following damages: a) Plaintiff has been or will be required to receive and undergo medical attention and core and to incur various expenses for treatment of her injuries; b) Plaintiff has sulTered and will suITer great pain, sulTering, inconvenience, embarrassment, and mental anguish; c) PlaintilThas been and will be required to expend large sums of money for surgical and medical attention hospitalization. medical supplies. surgical appliances, medicines and attendant services; d) Plaintilrs earning capacity has been reduced; e) Plaintilrs general health. strength and vitality has been impaired, COUNT II CURTIS SMITH vs. AMANDA STOUT II, The avennents of each and every paragraph above are hereby incorporated as if fully set forth herein, i I --7'.. ---- ._-~-~..-_..__._-...-~- - ~-.... 12, Plaintiff. Curtis Smith. is. and at 011 rclevanttimcs hercto has bccn the spouse of Kathy Smith and also resides at 935 Factory Street, Carlisle, Cumberland County, Pennsylvania. 13, As 0 result of Defendant's negligence. Plaintiff, Curtis Smith. has been and will in the future be deprived of the consortium, conjugal services, assistance, and companionship of Plaintiff. Kathy Smith. 14, Plaintiffs, Kathy and Curtis Smith were not infonned of the policy premium differences between full and limited tort option when they initially purchased their policy of automobile insurance in effect os of June 13, 1994, nor any time thereafter in contravention of75 P.S, ~1705, The tort waiver fom! signed by the Curtis Smith is allached hereto as Exhibit "A," WHEREFORE, Plaintiffs Curtis and Kathy Smith bring this action against Amanda Stout to recover damages not in excess of$25,000, Respectfully submilled, McGRAW, HAlT & DEITCHMAN B,~f} nifer C, Deitchman Po. I.D, # 72779 4 Liberty A venue Carlisle, PA 17013 (717) 249-4500 Dote: // jo/q~ / " AFFIDAVIT I verify that any facts not of record set forth in the foregoing Complaint are true and correct to the best of my knowledge, infonnation, and belief, I acknowledge that any false statements herein are made subject to the penalties of 18 Pa, C,S,A. Section 4904 relating to unsworn falsification to authorities, Date:~ /) 3) 'I b %.. ~ Ju... ~ m-t.-C<<. ~~thy-s~iilit - . -. --~~" .. . .--~" '", , PENNSYLVANIA ASSIGNED RISK PLAN NOTICE TO NAMED.INSUREDS SELECTION OF TORT OPTIONS PA.l000 (Rev. 7190) ATTACH TO ALL PRIVATE PASSENGER APPLICATIONS A. "Limited Tort" Option - The laws 01 the Commonwealth 01 Pennsylvania give you the right to choose a lorm of Insurance that limits your right and the righl of members ot your household to seek financial compensation for Injuries caused by other drivers, Under Ihls torm 01 Insurance. you and other household members covered under this policy may seek recovlfry lor all medical and other out.ot,pocket expenses. but not for pain and suffarlng or other nonmonetary damages unlass the injuries suffered fall wllhin the dafinltion 01 "serious Injury" as set forth In Ihe policy. or unless one of several olher exceptions noted In the policy applies. Additional coverages under this option are avallavble at additonal cost. B. If you wish to choose the "limited torI" option described In paragraph A. you must sign this notice where inclcatad below and relurn It. If you do not sign and relurn Ihis notice, you will be considered 10 have chosen the "lull tort" coverape as described in paragraph C and you will be chargad the "lull tort" premium. I wls~ 10 choos'1 Ihe "limited lort" option described in paragraph A.: ~<:;~S'- , Named InsurAd's Signature ~c.......J,.~S E.S',..."t"S'~. rlnl Na;r.L . ':3 -.;J. 7- ~,;2.. Dale C. "Full Tort" Option - The laws 01 the Commonwealth 01 Pennsylvannia also give you the right 10 choose a form of Insurance under which you maintain an unrestricted right for you and the mambers 01 your household 10 seek financial compensation lor injuries caused by other drivers. Under Ihis lorm ot Insurance. you and other household members covered under this policy may seek recovery lor all medical and other out.ol.pocket expenses and may also seek linancial compensation lor pain and suffering and other nonmonetary damages as a result 01 injuries caused by other drivers. D. If you wish to choose the "lull tort" option described in paragraph C. you may sogn this nollce where indicated below and return It. However. II you do not sign and return this notice. you will be considered to have chosan the "lull toO" coverage as described in paragreph C and you will be charged the "lull tort" premium. I wish 10 choose the "full tort" option described in paragraph C.: Date Named Insured's Signature Print Name E. You may conlect your insurance agant. broker or company to discuss tha cost 01 othar coverages. EKIIIB to" . . \.,., 0- ~ ~ ~ :r 11:. 1'0 ~~ ;~-: ,.- (": .-: ,. J... ( '10,., t~l: .~ ..". ~ '<0; -;--;.. ~..' r.', ..-,'. . :i :", ~'..'L.~ . t "\t' ~ oj. .~ ~ ~ ~1 ~ It\ 0 e . .;:, I' C>I.:o .J'> ::::t- VJ :j- ~ ~ iT: ~ ~~! (Vi\! ~'I:.~' ~'f' 0 7i l. C'} eJ, r L'.. U UJ 1.<' i;'" - . ~ :';' ..., (,,01 5 <.) SHEF:IIT'c: hETIJf'.!1 l'E'.';I!LAf' CASE NO: 1996-00520 P COMMONWEALTfI OF" PEIINSYLYArIIA: COUNTY OF CUMBERLAND SM I TJLMIflY r;I_~..b.--.-____._______ YS. ?TOUT AMANp_A_ STEVE..Jili.l.STLER CUMBERLAND County, ._._.___.' Sheriff or Deputy Sheriff of Pennsylvun1u. who being duly sworn according to law, says, the within ~QtJPI==lLlJiL__._._."~~______________. was served upon STOUT AMAHJlA________________.________________________ the defendant. at 153~:00 flOURS. on thE' _21h. day of F'?bru;!LY. ..' 1996 at 304 NORTH WEST 9TREET CARLISLE. PA 17013 , CUMBERLAND County. Pennsylvania. by hand1ng to ~~ANDA STOUT a true and attested copy of the> COMPLiUJIT____________ ---' togeth'?r with NOTICE --' and al. the same t1me d1recting flpr Clttf?nti on to tile <::ontpnlo theree,f, Shl?riff's Costs: Docket.1nQ Service - Affidavit Surcharge So an8Wl?re,. / v,4 -r:q.;....o-r-.",,": /~e~....E' R~--l1io rii~,-s/\TI ne-;--.Sric.,Trr------ ----- 113.121121 2.80 . ~'12I 2.00 $2~--MCGRAW flAlT I'. DEITCIlMA!I 02/1211\/1996 by '~~~~li~~.?-['TrrM------..- Sworrl and s\ibscribed to before m~ this ...!.L~__. day 'Jf .J~t..1M..'i----'-- 19 --'l!c...._ A. D. ---~-- t~l.-'-.-. al'._-..{1.t(,.~"1 -.jAr}.'.- -~ I I-O\.lIono\.a i' ~..4. . ._._...~, ~ ln E:: In ~ .. "~ n "" .. ~J__ . I [Eo" _e' 0~ l- (. ~ C;; 2. ;', ;.j ~~: .- - (0 . .'In .'7 J..w.: t-J "..;.,.; r;:!" cr. i"",)fi] F" L'J (.JU- L.I.. ...;~ "'" 0. '" 'j Q '" D N I'l ! ~ Ull- ~ < ~ c( ~ ~PJ!~! eel d ~ Ulllm~ ~ h~~ z I ~ ~ . >- ( i ~ w ~ I a: ~ ii c( ~ 8 .N ZC'] l ~ ~~ . ,.. t-~ C COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KATHY SMITH husband and and CURTIS SMITH, : wife, plaintiffs v. AMANDA STOUT, Defendant No. 520 Civil Term 96 - . . CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kathy Smith and curtis smith, Plaintiffs c/o Jennifer C. Deitchman, Esquire, counsel for Plaintiffs McGraw, Hait & Deitchman Four Liberty Avenue Carlisle, Pennsylvania 17013 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, AMANDA STOUT, within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: Lj"J,7l'lf/ By: Respectfully submitted, REYNOLDS & HAVAS A Professional Corporation L. Banko, Jr. ey I.D. #41727 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Amanda stout COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KATHY SMITH and CURTIS SMITH, husband and wife, Plaintiffs No. 96 - 520 civil Term v. CIVIL ACTION - LAW AMANDA STOUT, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, AMANDA STOUT, TO PLAINTIFFS' COMPLAINT Count I Plaintiff-Wife v. Defendant 1. Admitted in part and denied in part. With respect to the current residence of Plaintiff-Wife, Defendant, Amanda stout ("Defendant") is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 2. Admitted in part and denied in part. Defendant's current address is 304 North West street, Carlisle, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Plaintiff-Wife was a passenger in the vehicle being operated by Defendant which was involved in a minor motor vehicle accident. However, all other a11eqations contained in this paraqraph state a legal conclusion to which no response is necessary. 6. Denied. 7(a) - (e) and (q). Denied. The a11eqations contained in this paraqraph state a 1eqa1 conclusion to which no response is necessary. (f), Pursuant to an aqreement entered into between counsel for the parties, this subparaqraph has been withdrawn from Plaintiffs' Complaint. Accordinq1y, no answer on the part of Defendant is required. 8. Denied. The alleqations contained in this paraqraph state a 1eqa1 conclusion to which no response is necessary. By way of further answer, with respect to any a11eqation that P1aintiff- Wife sustained injury as a result of the motor vehicle accident, after reasonable investiqation Defendant is without know1edqe or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 9. Denied. The answer contained in paraqraph 8 hereof is incorporated herein by reference as if set forth in its entirety. lOCal - (e). Denied. The answer contained in paraqraph 8 hereof is incorporated herein by reference as if set forth in its entirety. - 2 - Count II Plaintiff-Husband v. Defendant 11. The answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in their entirety. 12. Denied. 13. Denied. The answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. 14. Admitted in part and denied in part. It is admitted that Plaintiff-Husband signed a form which binds his wife, Plaintiff herein, to the "limited tort option". All other allegations are denied. WHEREFORE, Defendant, Amanda stout, demands judgment in her favor and against Plaintiffs. NEW MATTER 15. The answers contained in paragraphs 1 through 14 hereof are incorporated herein by reference as if set forth in their entirety. 16. Plaintiffs' claim for non-economic damages is barred in its entirety by reason of her husband's selection of the "limited tort" option pursuant to 75 Pa.C.S.A. S1705. - 3 - WHEREFORE, Defendant, Amanda stout, demands judgment in her favor and against Plaintiffs. Date~V1~ REYNOLDS & HAVAS A Professional Corporation By: m at n L. Banko, Jr. Atto ney 1.0. #41727 101 Pine street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Amanda stout - 4 - VERIFICATION I, Amanda stout, depose and say, sUbject to the penalties of 18 Pa.C.S.A., section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. J 1~'1{ ~> II a e ~~t~.o~~ ~. :4 \~~." ... -,-.- CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the united states Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the ..t1#. day of February, 1996, addressed as follows: Jennifer C. Deitchman, Esquire MCGraw, Hait & Deitchman Four Liberty Avenue Carlisle, Pennsylvania 17013 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: CAdYx/ Md.fn/~,(~ ~ Sl)6ron Dell-Ga ag erC) - Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY SMITH, PlaintilT : CIVIL ACTION - LA W : NO: 96-520 Civil Term vs. AMANDA STOUT, Defendant ANSWER TO NEW MATTER I S. No responsive pleading required. 16. Denied. It is denied that PlantilT, Kathy Smith's husband made a valid election of the "limited tort" option. The remainder of the avemlent contains conclusions of law to which no responsive pleading is required. Respectfully submitted, McGRA W, HAlT & DEITCHMAN By: J Ifer C. Deitchman Pa. J.D. # 72779 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 Date: J/rYp ~ CERTIFICATE OF SERVICE I, JENNIFER C. DEITCH MAN, hereby certify that, concurrently with filing the foregoing document, I served a copy of the same upon the following individual(s) or entity(ies) by First Class Postage-prepaid U.S. Mail: Stephen L. Banko, Jr., Esquire REYNOLDS & HAVAS 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 #'~u Date: March 8, 1996 r " '.'.," " N fr. (': i.:~ c:;.' 'n. C' .::r ~_J rl' ~( ():) 1.<..' '. J: , '-r: ,:- ;:J 9' , f." c:> ~ :) 1'''' I ...'0.::: (i" C.: :-~ ~'J ; .,~ .- IL .' Li \.":J ..J (i\ U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY SMITH and CURTIS SMITH, Plaintiffs : CIVIL ACTION - LA W : No.: 96 - 520 Civil Term vs. AMANDA STOUT, Defendant PRAECIPE TO DISCONTINUE TO: Prothonotary Please dismiss the above-captioned against Defendant, Amanda Stout, with '. prejudice. Respectfully submitted, L." McGRA W, HAIl' & DEITCHMAN Attomeys for Plaintiffs By: ifer . eitchman a. 1.0. # 72779 4 Liberty A venue Carlisle, PA 17013 (717) 249-4500 Date: 6/5/96 ~ ,... c .~ .:z .7 ~g ~ :01 =r.: :~f ~. ~ I r:..- i (;. ,... [B'- ,,- , CCll.J ;:,- S'i - i!c. =:5 '-'l -, ~ l' ID C5 O. U.