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Home My WebLink About02-5421SRINIVAREDDY GANGANNAGARI, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 02- ..6'q,.2/ CWIL TERM : CRAIG C. TULLY, DEBORAH A. TULLY,: and BRADLEY T. TULLY, : 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SRINIVAREDDY GANGANNAGARI, Plaintiff CRAIG C. TULLY, DEBORAH A. TULLY,: and BRADLEY T. TULLY, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ff~,,2/ CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Srinivareddy Gangannagari, by Attorney William A. Addams of Hanft & Knight, P.C., and files the following Complaint: 1. The Plaintiff, Srinivareddy Gangannagari, is an adult individual residing at 14109 Castle Boulevard, Apt. 403, Silver Spring, MD 20904. 2. The Defendants are Craig C. Tully, Deborah A. Tully and Bradley T. Tully, adult individuals residing at 4224 Main Street, Whitehall, Lehigh Coanty, Pennsylvania 18052. 3. Defendants Craig C. and Deborah A. Tully are the owners of a 1997 Dodge Ram 1500 which, on November 12, 2000 at about 4:15 p.m. was being driven by Defendant Bradley T. Tully, traveling South on Interstate 81 in Silver Spring Township, Cumberland County, Pennsylvania, about 7 miles North of Carlisle when the left front wheel front wheel came off resulting in the wheel entering the northbound lanes and the Dodge traveling onto the median. 4. At said time and place, the Plaintiff owned and was driving a 2000 Acura, and had to swerve to avoid the wheel and another swerving vehicle, and traveled onto the median where the Acura collided with the Defendants' vehicle causing the dan~ages hereinafter set forth. 5. This accident was caused by the negligence and careless of the Defendants in: A. Failing to properly maintain the vehicle. B. Failing to properly inspect the vehicle. C. Failing to observe and detect that the wheel was coming loose prior to the collision. D. Failing to maintain control of the vehicle. 6. As a result of the negligence and carelessness of the Defendants, the Plaintiff's vehicle was rendered a total loss. The vehicle had an actual caslh value of $19,543 prior to the collision and a net salvage value of $927 resulting in a loss of $ l 8,616, of which $5,000 has previously been paid. WHEREFORE, the Plaintiff demands judgmem against the Defendants in the mount of $13,616, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local roles of court. HANFT & KNIGHT, P.C. Wllham A. ~ddams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 (717) 249-5373 Attorney for Plaintiffs VERIFICATION William A. Addams hereby verifies that he is the attomey for the Plaintiff, that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that the verification of the Plaintiff cannot be obtained within the time allowed by law for the filing of the pleading, and he understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. William A. Addains IN THE COURT OF COMMON PLEAS OF CUMBERLANf) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SRINIVAREDDY GANGANNAGARI, Plaintiff CRAIG C. TULLY, DEBORAH a. TULLY, and BRADLEY T. TULLY, Defendants NO. 02-5421 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Reinaker & Spinello as attorney of record on behalf of Defendants in the above captioned action. EAGER, REINAKIER & SPINELLO BY: Geor e~~, Eager~ squire 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 EAGER, REINAKI--R & SPINELLO DATE: I'?-.,/~-~/0~.- BY: George H. ~ager, ~q~ire Attorney for Def~l'dants I.D. No. 27740/ 1347 Fruitville Pike Lancaster, PA 17'601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SRINIVAREDDY GANGANNAGARI, Plaintiff V. NO. 02-5421 Civil Term CRAIG C. TULLY, DEBORAH A. TULLY, and BRADLEY T. TULLY, Defendants ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COME DEFENDANTS CRAIG C. TULLY, DEBORAH A. TULLY, AND BRADLEY T. TULLY, BY AND THROUGH THEIR ATTORNEY, GEORGE H. EAGER, AND FILE THE FOLLOWING ANSWER: 1. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 2. Admitted in part and denied in part. It is admitted that the Defendants are all adult individuals. It is denied that all Defendants reside at 4224 Main Street in Whitehall, Lehigh County, Pennsylvania 18052. Defendant Bradley T. Tully resides at 4220 Main Street in Whitehall, Lehigh County, Pennsylvania 18052. 3. Admitted in part and denied in part. It is admitted that the Defendants Craig C. Tully and Deborah A. Tully are the owners of a 1997 Dodge Ram 1500 which was operated on November 12, 2000 at about 4:15 p.m. by Defendant Bradley T. Tully. The remainder of the allegations in this paragraph are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 4. - 6. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). VERIFICATION I, CRAIG C. TULLY, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities for any false statements made herein. ,? VERIFICATION I, BRADLEY T. TULLY, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. BRADLEY t. ~U[.LY' Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE:/;~/g ? /~"~ BY: Geor~ Attorney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GANGANNAGARI SRINIVAREDDY VS TULLY CP~AIG C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TULLY CP~AIG C but was unable to locate Him deputized the sheriff of LEHIGH in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 26th , 2002 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lehigh County 56.00 .00 93.00 12/26/2002 WILLIAM ADDAMS So " er · Sworn and subscribed to before me this 2'J~ day of ~~ A.D. Prothonotary SERVE: In The Court of Common Pleas of Cumberland County, Pennsylvania Srinivareddy Gangannagari VS. Crai§ C. Tully et al Craig C. Tully NO. 02 5421 civil NOW, November 12, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Lehigh - County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service within ., 20 ., at o'clock __ M. served the upon by handing to and made known to copy of the ori~nal the contents thereof. So answers, Sheriffof County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT in The Court of Common Pleas of Cumberland County, Pennsylvania Srinivareddy Ganganna§ari VS. Craig C. Tully et al SERVE: Deborah A. Tully No. 02 5421 civil NOW, November 12, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof ' Lehigh · County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA NOW~ within Affidavit of Service ,20 , at o'clock M. served the upon by handing to and made known to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this __. day of Sheriff of COSTS ,qERVICE MII,EAGE AFFIDAVIT County, PA The Court of Common Pleas of Cumberland County, Pennsylvania Srinivareddy Gangannagari VS. Craig C. Tully et al ~ERVE: Bradley T. Tully No. 0'2 5421 civil Now, November 12, 2002 hereby deputize the Sheriffof ' Lehigh ., I; SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of C~berl~d Co~, PA ~NTow, within Affidavit of Service ,20 ,at o'clock M. served the 1/pon at by handing to and made known to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE M~,EAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SRINIVAREDDY GANGANNAGARI, Plaintiff CRAIG C. TULLY, DEBORAH A. TULLY, and BRADLEY T. TULLY, Defendants NO. 02-5421 Civil Term CERTIFICATE OF SERVICF I HEREBY CERTIFY that I have this day served a true and correct copy of Defendants' Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: O'l/,,~c~i ~ BY: George H. Eag~.f~, Esquire Attorney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SRINIVAREDDY GANGANNAGARI, Plaintiff CRAIG C. TULLY, DEBORAH A. TULLY, and BRADLEY T. TULLY, Defendants NO. 02-5421 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendants Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 EAGER, REINAKER & SPINELLO BY: George H. E~ger, I~quire A~orney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 HANFT & KNIGHT, P.C. 717.249.5373 lAX 717.249.0457 WWW. IIANI'I AW /RM COM SR1NIVAREDDY GANGANNAGARI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CRAIG C. TULLY, DEBORAH A. TULLY,: and BRADLEY T. TULLY, : Defendants : NO. 02-5421 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Hanft & Knight, P.C., 19 Brookwood Avenue, Suite 106, Carlisle, Pennsylvania, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is not greater than $25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: George H. Eager, Esquire, Eager, Reinaker & Spinello, 1347 Fmitville Pike, Lancaster, PA 17601. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: AND NOW, as prayed for. Respectfully s abmitted - ORDER OF COURT ,2004, in consideration of the foregoing petition, Esq., g . vsq., and Esq. are appmnted arbitrators in the above-captioned action By the Court, IN THE COLrI~:T OF cOMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA OATH We do solemnly swear (or affwm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and th~~ties of our office with fidelity. ~ ? ~c AWARD We, the undersigned arbilrators, having been duly appointed and sworn (or affirmed), make the following award: , (Note: If damages for delay are awarded, they shall be separately stated.) · Arbitrator, dissents. (insert name if a~ DateofHearing: ~'~- ~"'¢--0 F ' Date of ^ward: 5- ~ -0.7. ¢ was entered upon the docket an~d notice ther/eof give:~x~ mai~Lo the p~es o$ thej~ttomeys. , .. M,.~? ~- ,_ Artibitrators compensation to ~e Paid upon appeal: $290.00 SRINIVAREDDY GANGANNAGAKI, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5421 ClX'IL TERM CRAIG C. TULLY, DEBORAH A. TULLY,: and BRADLEY T. TULLY, : Defendants : PRAECIPE Sir: Please mark this action settled and discontinued. HANFT & KNIGHT, P.C. William A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff To: Curtis R. Long, Prothonotary Date: July 14, 2004