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Home My WebLink About97-02593 '"J' , ~. ~ .a ... tJ ~ ct ~ 'll ~ ~ ~ Ii) '> ~ p ) ~ ./' o / c!1 / C'f) \;J- ~ ~ ~ .::J - t ~ Q-- . ~ ~ ('"') (~ ('t: l'~ l.ul C"-': . ,. (,- '- ' f\;J\ ~: \J1~II' ~1 ~ \~ & "- I'-- '" ;.('\ !:::' ~ ~ 1\:~ ~~ ;1 ~ ... ] ... co: '" !f~~ o t; g I~ ~ i1 :c - u"'< r~ I l3"'~;Z ,~ u G9 ei ~ :~ - is '-' t:: ~ >-- ~I!' .... . o U ~ :l! ~p., > ,,<xZ :s ...l ~ ~ l<l . ~ f~ ~ i' ~ ~ ~ Cl .. ... is 2 '" '" ~~ z < < u ...l v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97- 2513 CIVIL TERM BOROUGH OF CARLISLE. Plaintiff MICHELE GUARDASClONE and NGOC-HUA THI BUI. Defendants JURY TRIAL DEMANDED COMPLAINT NOW COMES, the Borough of Carlisle. by and through its solicitor. Edward L, Schorpp. Esquire. which files this Complaint based upon the following: 1. Plaintiff, Borough of Carlisle, is an incorporated municipality and body politic with principal offices at 53 West South Street. Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendant. Michele Guardascione, is an adult individual who resides at II Terri Drive. Carlisle, Cumberland County. Pennsylvania 17013. 3, Defendant, Ngoc-Hua Thi Bui, is an adult individual who resides at 148 North Spring Garden Street. Carlisle, Cumberland County, Pennsylvania 17013, 4, On Wednesday, October 30, 1996, at approximately 12:48 a,m" Defendant Guardascione was operating her 1989 Dodge Shadow in a southerly direction on North Bedford Street approaching its intersection with East North Street in the Borough of Carlisle, Cumberland County, Pennsylvania, 5, At said time and place, Defendant Bui was operating a 1994 Hyundai Elantra owned by Hoa T. Bui and Tam T. Van, in an easterly direction on East North Street approaching said intersection, 6. At said time and intersection, vehicles traveling in a southern direction on N. Bedford Street were controlled by a flashing red signal; vehicles traveling in an - I - easterly direction on East North Street were controlled by a flashing yellow signal. 7, At said time and place, Defendant Guardascione failed to stop her vehicle at said intersection as governed by the flashing red signal, and her vehicle was struck on the right rear passenger side by the vehicle of Defendant Bui who was proceeding through said intersection. 8, The col\ision between the two vehicles caused Defendant Guardascione's vehicle to spin clockwise and strike a traffic signal pole and box owned by the Borough of Carlisle and situate at the southeastern comer of said intersection, 9. As a result of the impact caused by Defendant Guardascione's vehicle striking Plaintiffs traffic signal pole and box, damages were incurred by the Borough as follows: B, C. Replacement ofTS-2 controller assembly and related components, see Exhibit "A" attached hereto: $9,568.00 Miscellaneous parts and materials, see Exhibit "B": $ 387,28 Wages and related benefits paid to Borough employees for repair of the system, see Exhibit "C": $ 277.81 Wages for Carlisle Special Fire Police to direct traffic through intersection during period of repair, see Exhibit "D": Fifteen percent administration and processing fee, see Exhibit "E": TOTAL DAMAGES: $ 91.00 A. D. E, $1.548,61 $11,872,70 COUNT I BOROUGH OF CARLISLE v. MICHELE GUARDASCIONE 10, The avennents of paragraphs 1. through 9, of this Complaint are incorporated herein by reference. II. The damages caused to Plaintiffs property were caused by the negligent, careless, and reckless conduct of Defendant Guardascione as follows: -2- A. In violating the requirements of the Pennsylvania Vehicle Code, specifically 75 Pa, C,S, ~ 3114(a)(I), by failing to stop at the intersection and viewing approaching traffic prior to proceeding into the intersection; B, In failing to observe oncoming traffic prior to entering the intersection; C. In failing to yield to right-of-way at said intersection to oncoming traffic; D, In proceeding through said intersection without giving due regard for other vehicles having the right-of-way at said intersection; and E, In failing to use due care under the circumstances, WHEREFORE, Plaintiff demands of the Defendant Guardascione the sum of $11,872,70, plus interest, plus its costs, which total amount is within the limits requiring compulsory arbitration under Local Rules of Court, COUNT II BOROUGH OF CARLISLE v. NGOC-HUA THI BUI 12, The avennents of paragraphs I. through 9, of this Complaint are incorporated herein by reference. 13, The damages to Plaintiff's property were caused by the careless, negligent, and reckless conduct of Defendant Sui as follows: A. In violating the Pennsylvania Vehicle Code, specifically 75 Pa, C,S, ~ 3 I 14(a)(2) in failing to proceed through said intersection using caution; B. In failing to observe Defendant Guardascione's vehicle which was proceeding into or through said intersection; C, In failing to keep his vehicle under proper control at all times; D, In failing to use due care and caution under the circumstances, -3- ARE" CODe 71; PHONE 2JJ.1(i;!1 lOll FREE 600.99f1.1(;]1 ,.._"........ ..v.............. II...........'........ ..................v.. ....v......I.."...'*".. UlVU.:Jlnl#\.. ..lunlll'O,.J ;)l"'l:t..I#\1..I 1l:;'I SSi FAX. ;!3J.I (i2(i SCHAEDLER BROS., INC. 1030 S, 13TH STREET "'~J / A ACAa"c P,O BOX 2008 l/V "~~I.. ~I "'''.111 <e> ~~ ~~V' '/ HARRISBURG, PA, 11105.2008 . '1 ELECTRICAL SUPPLIES. LIGHTING FIXTURES. ELECTRIC HEAT '; " S Ct\RLiSLE BORD H I 58 (,I, SOUTH ST P T o INVOICE S o L o T o CARLISLE BORD 53 W, SOUTH 51 CARLISLE, FA 170U CARLiSLE, PA 17013 INVOICE NO. D0617 INVOICE DATE 11/01/96 SHIP TKT. NO. ORDER DATE 11/01196 OA TE SHIPPEO 11/01/9' ~ .,- ..,: ,.., ~c.'c.>.Ic. CUSTOMER P.O. NUMBER CUSTOMER JOB NAME CARD26 VIA T S SLSM HFR PAGE OF 1 . ., '.. LN.I BACK ORD, I SHIPPED MANUFACTURER. CATALDO NO.' DESCRIPTION IHI UNIT PRICE I . AMOUtlT I~? ACCT# .:t;. 1 0 2 OL-7DC KloRi'; 12.42r 24. S,l 2-1/";;" i~ 3" AL COV 0 2 OL-78-RG KLRV. e. 01~. 16.(:'" 2-1;2': ~~ 3" RUBBER GASKET 0 2 OLll-S KLRK 119, 72. 239, 44 3" TYPE Lll Al- BODY 0 2 3X4 FTG 5, 71 11. ~l#i 3ltX~ " (~,\L V COND NIPPLE 0 2 1 0811i~ I \.~ llRIG 1. 19.: ~ .~.~ c.;. ..)(: 3" SiEEL LOCKI~UT Ii 2 35-385 IDEA 46, 524 93. (I~' 4-1/2" HOLESAW F/4" COND .) rj. ( ;J \, ,pJI~,J ~~I~~~l ~t 'jiY c/ f' J0P Exhibit B I SAVE $ 7, 75 IFPAIDBY 12/10/96 DUE NET : 12/31/96 SERVICE CHARGE OF 1*% PER MONTH IF NOT PAID BY 02/01/97 I~ TOTAL ~ SALES TAX ~ 387.28 0.00 TRANSPORTATION ~ 0, 00 THIS RATE IS EaUAL TO 18% PER YEAR, TERMS 10TH PROX. ALL CLAIMS MUST BE MADE WITHIN 10 DAYS AND MUST BE ACCOMPANIED BY THIS INVOICE, INVOICE Carlisle Special Fire PoDce % W.R.Carey 310 Bayley Street Cartisle,PA 17013-3103 Date Invoice Dec 05 96 0379 Bil BOROUGH OF CAAlISlE To: 53 W, SOUTH STREET CAAllSlE,PA 17013 Copy# 1 PO Number Terms Project Due on recpt TRJlFFIC CONTROL Quantity Description Rate Amount TRJlFFIC LIGHT REPAIRS BEDFORD & NORTH ST 12/4/96 10 HOURS ( 2 MEN 5 HOURS eACH) 9,10 91,00 Exhibit Q TOTAl.: 91.00 >- ('\J i:: a; ..::l ;;:: N '-j ~!j! .", ~:r. -;,; c; ::c ..J~ Ib.: a.. a2j ~~ M '.:1,';; f~: ~.)2 t:.. fnfE ~ % C;:lJ; => :::..:. r- ..., -;: 11.. I'- 5 0 0' U