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Home My WebLink About00-01559 -', SHERIFF'S RETURN - REGULAR CASE NO: 2000-01559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICARELLO MELISSA VS KILLINGER BRUCE E ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KILLINGER BRUCE E the DEFENDANT , at 0012:16 HOURS, on the 3rd day of April , 2000 at 23 SWARTZ ROAD NEWBURG, PA 17240 by handing to BRUCE E. KILLINGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.78 .00 10.00 .00 39.78 So Answers: r~~, R. Thomas Kline 04/06/2000 BLASI & WALSH Sworn and Subscribed to before By: \Jall~;sf. 1Lll Deputy Sheriff me this /I-rt:.- day of ~ ~H) A.D. 0~"" 0 'in. "~0 ,Af'f" rothonotary ,~ ~. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICARELLO MELISSA VS KILLINGER BRUCE E ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KILLINGER LINDA L the DEFENDANT , at 0012:16 HOURS, on the 3rd day of April at 23 SWARTZ ROAD , 2000 NEWBURG, PA 17240 by handing to LINDA KILLINGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~"'~~< R. Thomas Kline 04/06/2000 BLASI & WALSH Sworn and Subscribed to before By: <)JO-Um l. W. Deputy Sheriff 1;W me this 11- day of ~ c2b7.rD A.D. ~ . [) /yull J,O~ r thonotary - I " ,-~ ,~ ., MEI,ISSl'"\ PICAREIJLO 1.166 STJ1.r,S:E'I' :R01\D BELLEPlJ-l~rN, NJ 08270 PLAINTIFF VB, CIVIl.. ACTION I..lAW ,.JURY TRH'."L DEivtANDED BRUCE Ii:. & 1,LNDA 1'..1. J.Cr. LLINGE:R 23 Sl-'il\R:rZ ROAD !'IE\1BUJiG, l?A 172'10 and BRUCE EMERSON KILLINGER 13.1 Er<1ERSOH DRIVE CARLrSLE, FA 17013 NO. 1}'1.'] l"f .-} .I S:' ~). 9 C..,ijjl- '. '.T;-l""~.' DEI;'ENDr~rs PRAECIPE FOR SUl\1MONS TO THE PROTHONOTARY: Issue Summons in Ci'vi.1 A.cLion in the abovf.~ Ci.3se Writ: of Summons shall be torw,uxled to 0 Attorney t1i:l Sheriff -=:;5=:C~9\.T~, .fJJ~~__ ~rank T. SIasl, ~squlre BLASI & WALSH 240 Peru.l Avenue, 'l',bird Floor Scranton, PA 18503 :;70,344--1545 I.D. No. 44352 Dat...~~: 3/14/06 You '; ~JII l ':',,".,", 1-; ~.""O.\ .., t:~: _' ,_..;" "+':~"i - ~ axe l1.(;,t:ified that. t.:he Plaintiff l,s) have comme!ncec1 an (J,ction <J.g&iil~i :10U<'-~~ n ;&~. '.~ ~ ;t .J ---:,:,:'1- ~ '"""'"1'1.- ~1,~cour'5~ SlJMMONS IN CIVIL ACTION SEAL OF THE COURT Da t e : _Z1.Lct..d....t.../~,.:__J.~i.~:.,,_ ..y' (t'-z.n.J _ _...._.. By : -"11)'::1 I.'. .I;;', ,2h~j'II...e.":",,_._,, (,' D,,'?t.'!ut'ty' di~,t ."..-:J ',~,~ , ':"'" ,~,~~ t;':; ;" I----~~OO ~;;,; \Ii..;'\ ii::::\ ~ ~ rf{':\'.- , i\\)'i,l Lj t'l[, ' ,)',- '1 '.~ .' '. \L ,,_ ,,' '1\[\ , ~\\ l...,U j'~ ,-) .\; , ~ '''-, - -.r~ \~f~ l~ .~ ~ If;iii\ -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA PICARELLO 466 SUNSET ROAD BELLEPLAIN, NJ 08270 . PLAINTIFF VS. CIVIL ACTION - LAW JURY TRIAL DEMANDED BRUCE E. & LINDA L. KILLINGER 23 SWARTZ ROAD NEWBURG, PA 17240 and BRUCE EMERSON KILLINGER 131 EMERSON DRIVE CARLISLE, PA 17013 DEFENDANTS NO. (H) - /S69 CwJ. I.u.- PRAECIPE FOR SUMMONS TO THE PROTHONOTARY: Issue Summons in Civil Action in the above case writ of Summons shall be Date: 3/11106 forwarded to 0 Attorney ~ Sheriff ~T~' Frank T. Blasi, Esquire BLASI & WALSH 240 Penn Avenue, Third Floor Scranton, PA 18503 570-344-4545 I.D. No. 44352 -=- SUMMONS IN CIVIL ACTION You are notified that the Plaintiff(s) have commenced an action against you. SEAL OF THE COURT ~A R f&t 0--" ProthonotaryjCl rJ# of Courts Date: ~'UA.//(" C2o-uv , By: ~ ~~u~ litMBiiittlllliltli/lill:illl~IAUiI~W_j'~il1iili!~illi;;",,L"'_~:tIlil~,,,!,;,,,,.>l....",,',_dl'JIWdili-;z;/j~Jl..ajj]irIIliIIlI ~ ~ ~ :l (J :;:, 1.1 "" Cl \..j :::J' 'J- ,", " l ~ ~ ~ CIC) ?= .,",~ e gi c~o ::E: af cc o~ ~.,."p: w 32 --.-~-", - 'D- -'--I;-, . '."", ~ ffii ;~-. -~ .'>f' In '. ::E: ::a -'- '~- t5 8 a " -. . < , ~, -, ~ >. ,~ ~" ~,' . 1IlIIiIIIBiWI~__i<OIlII"'IIIl>"'1& '-j '0 Go.. ",>" v" ~ " MELISSA PICARELLO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION - LAW JURY TRIAL DEMANDED BRUCE E. & LINDA L. KILLINGER and BRUCE EMERSON KILLINGER, NO. 2000-1559-CIVIL DEFENDANTS 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 offices set forth below to find out where you can get legal help. 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. Lawyer Referral Service: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 MELISSA PICARELLO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION - LAW JURY TRIAL DEMANDED BRUCE E. & LINDA L. KILLINGER and BRUCE EMERSON KILLINGER, NO. 2000-1559-CIVIL DEFENDANTS COM P L A I N T COMES NOW the plaintiff, Melissa Picarello, by and through her attorneys, Blasi & Walsh, and for her complaint against the defendants, Bruce E. & Linda L. Killinger and Bruce Emerson Killinger, states the following: 1. Plaintiff, Melissa Picarello, is an adult and competent individual, who resides at 466 Sunset Road, Belleplain, New Jersey. 2. Defendants, Bruce E. & Linda L. Killinger, are adult and competent individuals who reside at 23 Swartz Road, Newburg, Cumberland County, Pennsylvania. 3. Defendant, Bruce Emerson Killinger, is an adult and competent individual who resides at 131 Emerson Drive, Carlisle, Cumberland County, Pennsylvania. 7. On or about March 16, 1995, defendant, Bruce Emerson Killinger was the operator of a 1998 Dodge Dakota vehicle, which was owned by defendants, Bruce E. and Linda L. Killinger, (hereinafter referred to as the "Killinger vehicle") and which was involved in the accident hereinafter described. ~ , " ,-- ....... 8. On or about March 16, 1998, plaintiff, Melissa Picarello, was the operator of a 1988 Pontiac LeMans vehicle which was involved in the accident hereinafter described. 9. On or about March 16, 1998, defendant, Bruce Emerson Killinger was travelling West on SR 641, Carlisle Road, in Upper Pennsboro Township, Cumberland County, pennsylvania. 10. Plaintiff, Melissa Picarello, was operating her vehicle in a westerly direction on SR641, and was stopped at or near the intersection of Kerrs Road and SR 641 (Carlisle Road), behind a line of traffic, when she was rear-ended by the defendant, Bruce Emerson Killinger. 11. Prior to and at the time of the aforementioned incident, the plaintiff, Melissa Picarello was in the process of due care and caution for her own safety. COUNT ONE MELISSA PICARELLO VS. BRUCE EMERSON KILLINGER 12. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 11 inclusive of this complaint as if the same were more fully set forth herein at length. 13. The aforementioned accident was caused solely and exclusively by the gross, reckless, careless and negligent conduct on the part of the defendant, Bruce Emerson Killinger, and was not caused by any act or failure to act on the part of the plaintiff, Melissa Picarello. ~',' . "" ,,, ,"" ,., ^..., ~. 14. The gross, reckless, careless and negligent conduct on the part of the defendant, Bruce Emerson Killinger, consisted of one or more of the following: a. Failure to operate the Killinger vehicle in accordance with the rules of the road, the laws of Pennsylvania, and the ordinances of West Pennsboro Township; b. Failure to keep the Killinger vehicle under proper and adequate control so that she could stop within the assured clear distance ahead; c. Failure to operate the Killinger vehicle at a safe and proper rate of speed under the circumstances; d. Failure to warn of the approach of the Killinger vehicle; g. 1. e. Operation of the Killinger vehicle without regard for the existence of other vehicles lawfully upon the roadway and particularly in the Westbound lane of SR 641, Carlisle Road; With the plaintiff's vehicle in view, defendant's vehicle was so carelessly and negligently operated that it was brought under foreseeable and violent contact with the plaintiff's vehicle causing the plaintiff to sustain the injuries set forth below; Failure to keep a proper and adequate look-out for vehicles stopped at and behind the intersection of SR 641, Carlisle Road and Kerrs Road (T442). f. --. TI h. Driving the Killinger vehicle into the rear of the Picarello vehicle which was lawfully stopping or stopped in a line of traffic at the intersection; i. Failure to observe traffic control signals in violation of the rules of the road, the laws of the Commonwealth of Pennsylvania and the ordinances of West Pennsboro Township. 15. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, plaintiff, Melissa Picarello, has suffered severe and permanent personal injuries, including but not limited to severe cervical sprain/strain; severe lumbar sprain/strain; radiation of pain and numbness; right wrist sprain; multiple contusions, cuts and abrasions. 16. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, the plaintiff, Melissa Picarello, has suffered and will continue to suffer great physical pain and suffering, mental anguish and emotional distress, discomfort, inconvenience, and a loss of ability to enjoy the pleasures of life. 17. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, the plaintiff, Melissa Picarello, was obliged to spend various and diverse sums of money in an effort to treat her injuries and to effect a cure, and she will continue to be so obliged for an indefinite period of time into the future. I._~ - - 18. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, the plaintiff, Melissa Picarello, has undergone and in the future will be required to undergo medical care and treatment which otherwise would not have been necessary. 19. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, the plaintiff, Melissa Picarello, has suffered an inability to perform her usual daily activities and duties and will continue to be so disabled for an indefinite period of time in the future. 20. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, the plaintiff, Melissa Picarello, has and may hereafter incur other financial expenses and losses on account of the injuries aforesaid. 21. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, plaintiff, Melissa Picarello, has and may herein after incur loss of wages as a result of the injuries aforesaid. 22. As a direct and proximate result of the aforementioned conduct on the part of the defendant, Bruce Emerson Killinger, plaintiff, Melissa Picarello, was prevented from completing her student teaching at Dickinson College; and was prevented from graduating with her class, requiring her to return for an additional semester at Dickinson College, which resulted in her paying additional expenses for housing to complete her degree, and ':~ , , - ,- which further resulted in a loss of opportunity to obtain a teaching position in her field. WHEREFORE, the plaintiff, Melissa Picarello, demands judgment in her favor and against the defendant, Bruce Emerson Killinger, in an amount in excess of $30,000.00 plus delay damages and taxable costs. COUNT II MELISSA PIcARELLO VS. BRUCE E. AND LINDA L. KILLINGER 23. Plaintiffs incorporate by reference the allegations set forth in Paragraphs 1 through 22 inclusive of this complaint as if the same were more fully set forth herein at length. 24. The gross, reckless, careless and negligent conduct on the part of the defendants, Bruce E. and Linda L. Killinger, consists of the following: a. Entrustment of the Killinger vehicle to another person when they knew or should have know he would be careless, reckless and/or negligent as described in Count One of this Complaint; b. They are vicariously liable for the negligence of Bruce Emerson Killinger; c. Allowing an incompetent operator to obtain custody of the Killinger vehicle; 25. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, plaintiff, Melissa Picarello, has suffered severe and , ,. . " . - , I i f ~o permanent personal injuries, including but not limited to severe sprain/strain; severe lumbar sprain/strain; radiation of pain and numbness; right wrist sprain; multiple contusions, cuts and abrasions. 26. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, the plaintiff, Melissa Picarello, has suffered and will continue to suffer great physical pain and suffering, mental anguish and emotional distress, discomfort, inconvenience, and a loss of ability to enjoy the pleasures of life. 27. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, the plaintiff, Melissa Picarello, was obliged to spend various and diverse sums of money in an effort to treat her injuries and to effect a cure, and she will continue to be so obliged for an indefinite period of time into the future. 28. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, the plaintiff, Melissa Picarello, has undergone and in the future will be required to undergo medical care and treatment which otherwise would not have been necessary. 29. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, the plaintiff, Melissa Picarello, has suffered an inability to perform her usual daily activities and duties and will Irl 0.' _ . '__~n . continue to be so disabled for an indefinite period of time in the future. 30. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, the plaintiff, Melissa Picarello, has and may hereafter incur other financial expenses and losses on account of the injuries aforesaid. 31. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, plaintiff, Melissa Picarello, has and may herein after incur loss of wages as a result of the injuries aforesaid. 32. As a direct and proximate result of the aforementioned conduct on the part of the defendants, Bruce E. and Linda L. Killinger, plaintiff, Melissa Picarello, was prevented from completing her student teaching at Dickinson College; and was prevented from graduating with her class, requiring her to return for an additional semester at Dickinson College, which resulted in her paying additional expenses for housing to complete her degree, and which further resulted in a loss of opportunity to obtain a teaching position in her field. WHEREFORE, the plaintiff, Melissa Picarello, demands judgment in her favor and against the defendants, Bruce E. and Linda L. Killinger, in an amount in excess of $30,000.00 plus delay damages and taxable costs. . . - Respectfully submitted, ~-r~' Frank T. Blasi, Esquire Blasi & Walsh 240 Penn Avenue, Third Floor Scranton, PA 18503 570-344-4545 .'" - TI VERIFICATION I, MELISSA PICARELLO, hereby verify that I am the plaintiff in the foregoing COMPLAINT, and that insofar as the facts contained therein are based upon information within my own knowledge, they are true and correct; insofar as they are based upon the expertise of counsel, I have relied upon counsel in making this verification. I understand that this verification is made subject to the provisions of 18 Pa. C.S. 4904, pertaining to unsworn falsification to authorities. ~'{1ccwlitJ ISSA PICARELLO DATE:~ d..~.'OO "'-, .,., - " - I 1 :, MELISSA PICARELLO, PLAINTIFF VS. BRUCE E. & LINDA L. KILLINGER and BRUCE EMERSON KILLINGER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 2000-1559-CIVIL CERTIFICATE OF SERVICE Frank T. Blasi, Esquire hereby certifies that he served the COMPLAINT upon the following individual(s) via United States Mail, certified mail, postage prepaid, on December 6, 2000. Bruce Emerson Killinger 131 Emerson Drive Carlisle, PA 17013 Bruce E. and Linda L. Killinger 23 Swartz Road Newburg, PA 17240 , '-- < '-' ~T~' Frank T. Blasi, Esquire Blasi & Walsh 240 Penn Avenue, 3rd Floor Scranton, PA 18503 570-344-4545 - -- ',,- - --~= "~ ~ . ]'( 'f'- I" .1' --<~ 1-((lrr.fi1tijL~tl'(jf"f-__C:f' ' o ~J~ -oE.6 92~E ~~Si c:.:.C) <-- ~-:() ~C) -~~,; :'::J -;. o CJ '=' iT1 C") o "'n .-1 {h.;Q ::;? .,~ ~~;S~J ~. , ~;j~;: '~-~~ ~S LjlTl =-,:;1 =0 -< w ':0) .c- '^' ~~:ll~"Jllf%'"Il'~~,"!.m~'l'Jill'11!ll~~Ii!lI"!!IlIJ:III$~OO~~~~i; F:\FILES\DATAFILE\Travdoc,cur\736-pra.lInlm \Cr~ted: 10J,25/0112:0S:15PM Revised 1012S/OJ 12:05:36 PM 3090.736 MELISSA PICARELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1559 CIVIL ACTION-LAW BRUCE E. & LINDA L. KILLINGER and BRUCE EMERSON KILLINGER, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter. Defendants hereby demand a twelve juror jury trial in the above captioned action. By Ge rge B. Faller, Jr., Esquire J.D. No. 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Dated: October 25, 2001 1'1.- ~ ~~ ''''::: CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Frank T. Blasi, Esquire BLASI & WALSH 240 Penn Avenue, 3rd Floor Scranton, PA 18503 MARTSON DEARDORFF WILLIAMS & OTTO B\;[~~ ~M,- Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 25,2001 '" - .'1 ," - - "~ . ~, ~.'~' e." .~>~ "T~ o c: z ~~ zc.- (/) ,Y" -<:;::' ~C ec'\ Zr~ >~ Z =< Cl c:> n ....... N 0"' Q ., ;"~f9 ~~--fe3 J, ~~~~: ~'--r' I~;~ (~) ~cn .< "'" .-:c_ '!? U1 ....\ " ~, '~',V' Co .- ,\ -~ ~mmroR~1"'''''''",",,"!''~IMlI!<OMl~!!l~, -~ ~~~' J . .. . MELISSA PICARELLO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION - LAW JURY TRIAL DEMANDED BRUCE E. & LINDA L. KILLINGER and BRUCE EMERSON KILLINGER, NO. 2000-1559-CIVIL DEFENDANTS PRAECIPE FOR DISCONTINUANCE TO THE CLERK OF JUDICIAL RECORDS: Please mark the above captioned matter settled, discontinued and dismissed, with prejudice. Respectfully submitted, - ~T~' Frank T. Blasi, Esquire Blasi & Walsh 240 Penn Avenue, 3rd Floor Scranton, PA 18503 (570) 344-4545 ORDER NOW, this 3/ day of ~ , 2002, the within action is settled, discontinued and dismissed, with prejudice. /.5/ CLERK I . . '. '" ,.r ,I Ii~~ ~'l!!'I!!_ ." " ',',.,0'. " .1li~1111I o c < ~:1i,~~ -.;7'-c' zr-" ~:: ',. r:::c .,-:;. ~~~~ ."..::::. -~ , rnmllllllilllU'urn' *' -< , '~, c-..:; '''' ~~ :,:~" ...< 0-' ", 'v ,>.) {;i-\ () 'n ., r:-~~ :JJ u :~'~i~; ~")f3 ~:':~iT: s::j -," ~_ _ ~.~~~e"'~11li'ot'A."'"l~!'}I!J~!l!l"II'f_~~~r>'1'l~I'lI~~~