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HomeMy WebLinkAbout97-05745 "1 , . - - " ~ r - . Ii - . . .' ti ~ C' \l) ,! , . t- O- BAISHI BAILEY, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL AcrION . LAW SUSANNE WOODALL, ROBERT WOODALL AND THE ESTATE OF SAURON DALTON Defendant. NO. 17- j74~ cP"'~ NOTICE TO DEFEND TO: SUSANNE WOODALL 331 Cornman Road Carlisle, PA 17013 You are being 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 filling 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 relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, Court Administrator Cumberland County Courthouse, 4th Floor I Courthouse Square Carlisle, PA 17013 (717) 240-6200 {J v."8'O""juWM Attorney for Plaintiffs BAISHI BAILEY. IN THE COURT Of COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUSANNE WOODALL, ROBERT WOODALL AND THE ESTATE OF SAURON DALTON Defendant. NO. <17- 57'/ ( e.vc.f T.l- NOTICE TO DEFEND TO: ROBERT WOODALL 331 Cornman Road Carlisle. PA 17013 You are being 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 filling in writing with the Court your defenses or objections to the cl.ums 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 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, Court Administrator Cumberland County Courthouse, 4dt Floor I Courthouse Square Carlisle, PA 17013 (717) 240-6200 ()\ O~ Douglas P. Desjardins Attorney for Plaintiffs BA!SHI BAILEY, IN THE COURT OF COMMON PLEAS Plaintiff. OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUSANNE WOODALL, ROBERT WOODALL AND THE EST A TE OF SAURON DALTON Defendant. NO. (/ '7- .~ 1""- (!,'o./ re(~ NOTICE TO DEFEND TO: THE ESTATE OF SAURON DALTON 4663 Stoneway Drive Columbus, OH 43229 You are being 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 filling in writing with the Court your defenses or objections to the claims set forth against you. YOlO 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 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. Court Administrator Cumberland County Courthouse, 4'" Floor I Courthouse Square Carlisle, P A 17013 (717) 240-6200 uL Douglas P. Desjardins Attorney for Plaintiffs BAISHI BAILEY IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA v. SUSANNE WOODALL, ROBERT WOODALL and THE ESTATE OF SUARON DALTON CIVIL ACTION. LAW 'J'}- ')'/4-; e~ ~..-... NO. Defendants. COMPLAINT Now comea the Plaintiff, BAISHI BAILEY, by and through counsel, and for his complaint alleges and avers as follows; COMMON ALLEGATIONS 1. At all times herein mentioned Plaintiff Baishi Bailey was and now is a resident of Cumberland County Pennsylvania. 2. At a1ltimcs herein mentioned Defendants Susanne Woodall and Robert Woodall, were and now are residents of Cumberland County Pennsylvania. 3. It is believed and therefore averred that at all times relevant hereto that Defendant Sauron Dalton was a resident of Columbus, Ohio. 4. At all times herein Sauron Dalton did not possess a valid driver's license. 5, At all times herein Defendants Susanne Woodall and Robert Woodall were lawfully married. 6, Jurisdiction is conferred on this court by virtue of the parties' residence in Cumberland County, the occurrence at issue having taken place there, and an amount in controversy exceeding the jurisdictionallimils of this Court. 7. On or about October 26, 1995, and at all relevant times to this action, Defendant Susanne 14. Plaintiff Baishi Bailey further avers that as a result of the collision he has suffered a loss and depreciation of his earning capacity and earning to his great detriment and loss, 15. As a result of Plaintiff Baishi Bailey's injuries she has been unable to attend to his usual and daily duties. 16. Plaintiff has been compelled and shall continue to be compelled to expend various and substantial sums of money for medical attention, medication and devices in an effort to alleviate and cure him of his aforementioned injuries. 17. As a further result of the bodily injuries that Plaintiff Baishi Bailey has suffered, he has sustained and continues to sustain a loss of the everyday life enjoyment and pleasures to his great mental distress, embarrassment and overall discomfort. COUNT I NEGUGENT ENTRUSTMENT BY DEFENDANT SUZANNE WOODALL BAISHI BAILEY v. SUSANNE WOODALL 18. Plaintiff hereby adopts and incorporates by reference the preceding paragraphs of his complaint as if fully set forth herein. 19. On October 26, 1995, Defendant Susanne Woodall authorized and permitted the use of her vehicle by an incompetent driver and thereby created an unreasonable risk to others. 20. Defendant Susanne Woodall knew or should have known the dangers and hazards posed to the Plaintiff by permitting Sauron Dalton to use her vehicle. 21. Defendant Susanne Woodall was negligent for reasons including, but not limited to: a. Permitting an unlicensed driver to use her vehicle; and/or b. Failing to take reasonable care to ensure that her vehicle was not used by incompetent drivers such as Sauron Dalton; and/or . c. Failing to exercise due regard for the safety of the Plaintiff; and/or , ,. .... " .. '.' . ,.' . d. Permitting and incompetent driver to use her vehicle. 22. As a direct and proximate result of Defendant Susanne Woodall's negligent entrustment of her automobile to an incompetent driver, PlaintiffBaishi Bailey suffered substantial damages and losses as more fully set forth above. WHEREFORE, Plaintiff Baishi Bailey demands judgment against Defendant Susanne Woodall for compensatory damages in excess of $50,000.00 (FIFTY THOUSAND DOLLARS), plus interest, cost of suit, and any other additional relief as the Court deems proper. COUNT II NEGLIGENT ENTRUSTMENT BY DEFENDANT SUZANNE WOODALl. BAISHI BAII.EY v. SUSANNE WOODALL 23. Plaintiff hereby adopts and incorporates by reference the preceding paragraphs of his complaint as if fully set forth herein. 24. On October 26, 1995, Defendant Robert Woodall had control over his wife's vehicle. 25. On the same day Defendant Robert Woodall authorized and permitted the use of his wife's vehicle by an incompetent driver and thereby created an unreasonable risk to others. 26. Defendant Robert Woodall knew or should have known the dangers and hazards posed to the Plaintiffby permitting Sauron Dalton to use his wife's vehicle. 27. Defendant Robert Woodall was negligent for reasons including, but not limited to: a. Permitting an unlicensed driver to use his wife's vehicle; and/or b. Failing to take reasonable care to ensure that his wife's vehicle was not used by incompetent drivers such as Sauron Dalton; and/or c, Failing to exercise due regard for the safety of the Plaintiff; and/or d. Permitting and incompetent driver to use his wife's vehicle. 28. As a direct and proximate result of Defendant Robert Woodall's negligent entrustment of his wife's automobile to an incompetent driver, Plaintiff Baishi Bailey suffered substantial damages and losses as more fully set forth ubove. WHEREFORE, Plaintiff Baishi Bailey demands judgment against Defendant Robert Woodall for cO!l1pensatory damages in excess of $50,000.00 (FIFTY THOUSAND DOLLARS), plus intere~t, cost of suit, and any other additional relief as the Court deems proper. COUNT III N":GLlGENCE BAISHI BAII,EY v. THE ESTATE OF SAURON DALTON 29. Plaintiff hereby adopts and incorporates by reference the preceding paragraphs of his complaint as if fully set forth herein. 30. At all times relevant Sauron Dalton was the driver of the Woodall vehicle. 31. Defendant Sauron Dalton was negligent for reasons including but not limited to: a. Driving at an unsafe speed; and/or b. Failing to exercise due care when passing another vehicle; and/or c. Not possessing a valid driver's license; and/or d. Failing to exercise due care for the Plaintiff; and/or e. Failing to control the vehicle he was driving. 32. As a direct and proximate result of Defendant Sauron Dalton's negligent conduct, Plaintilf Baishi Bailey suffered substantial damages and losses as more fully set forth above. WHEREFORE, Plaintiff Baishi Bailey demands judgment against Defendant the Estate of Sauron Dalton for compensatory damages in excess of $50,000.00 (FIFTY THOUSAND DOLLARS), plus interest, cost of suit, and any other additional relief as the Court deems proper. COUNT IV VIOLATION OF STATUTE BAISHI BAILEY v. SUSANNE WOODALL. ROBERT WOODALL AND THE ESTATE OF SAURON DALTON 33. Plaintiff hereby adopts and incorporates by reference the preceding paragraphs of his complaint as if fully set forth herein. 34. Defendants Susanne Woodall and/or Robert Woodall knew or should have known that Sauron Dalton was unfit to operate a vehicle as he did not possess a valid Operator's License. 35. Defendants Susanne Woodall and/or Robert Woodall violated 75 Pa.C.S. ~ 1574 by furnishing a vehicle to Sauron Dalton. WHEREFORE, Plaintiff Baishi Bailey demands judgment jointly and severally against Defendants Suanne Woodall, Robert Woodall and the Estate of SlIuron Dalton for compensatory damages in excess ofS50,ooo.00 (FIFTY THOUSAND DOLLARS), plus interest, cost of suit, and any other additional relief as the Court deems proper. JURY TRIAL DEMAND Respectfully Submitted, R. JACK CLAPP & ASSOCI^ TES DOUGLAS ESJ PABarNo.71975 R. JACK CLAPP & ASSOCIATES 601 Pennsylvania Ave., NW Washington, DC 20004 (202) 638.5300 BAISHI BAILEY . IN THE COURT OF COMMON PLEAS . Plaintiff . OF CUMBERLAND COUNTY . V. . PENNSYLVANIA . SUZANNE WOODALL . ROBERT WOODALL and . THE ESTATE OF SAURON . DALTON . CIVIL ACTION NO.: Defendant . . . . . . . . . . . . . . . . . . . . . . . VERIFICATION Douglas P. Desjardins, counsel for Plaintiff Balshi Bailey, deposes and says that he is of counsel for said Plaintiff in the above rnatter; that he is authorized to make this Verification on behalf of said Plaintiff; that the facts set forth In the foregoing Complaint are true and cOr.'ect, not of his own knowledge, but from Information supplied to him by said Plaintiff; that the purpose of this Verification Is to expedite Iigitatlon; and that a Verification by Plaintiff will be furnished if requested. This statement Is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. .. ~1 pQj.ro", Date: -' 0-1 ~~ ~ 7- ....M ,.... J i:~. I,: _'1 '___, ':' i~" e, ~ ~\i; ~ ". J" (. : ~:- i~. ,-~ . "J . 1,<:...) lJ '. ,'. ~ ~ I' "- \:!' ~"<\I" ........1'\"'1"" .:t l~ ~U~ ,t' '. ~-.' '. , , ( ::' (.... (~i. \\Qj BAISHI BAILEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, v. SUSANNE WOODALL, ROBERT WOODALL and THE ESTATE OF SAURON DALTON CIVIL ACTION NO.: Ci7 - 6? ~ {'~L Defendants NOTICE OF SERVICE OF PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS I. Douglas P. Desjardins, Esquire, hereby certify that on the 16th day of October 1997, I served Plaintiffs Interrogatories and Requests for Production of Documents Directed to Defendants, Susanne Woodall, Robert Woodall, by depositing said documents with the Prothontary of Cumberland County to be served by the Sheriff of Cumberland County addressed as follows: Susanne Woodall 331 Cornman Road Carlisle, Pa 17013 Robert Woodall 331 Cornman Road Carlisle, PA 17013 R. JACK CLAPP & ASSOCIATES 601 Pennsylvania Ave., N.W. South Building, Suite 900 Washington, DC 20004 (202) 638-5300 ., (j~ \~ DOUGLAS . 0 SJARDINS Attorney for Plaintiff Baishl Bailey '. SHERIFF'S RETURN - REGULAR CASE NOI 1997-0~74~ P COnnONWEALTH OF PENNSYLVANIA I COUNTY OF CUnBERLAND BAILEY BAISHI VS. WOODALL SUSANNE ET AL TREVOR KENT . Sh.riff or Deputy Sheriff of CU"BERLAND County, Penn.y1vania, who being duly sworn according to law, .ay., the within NOTICE AND CO"PLAINT AND wa. ..rv.d upcn WOODALL ROBERT the d.fendant, at 11100 HOURS, on the -Zih day cf November 192Z at CUnBERLAND COUNTY PRISON 1101 CLAREnONT ROAD CARLISLE. PA 17013 .CUnBERLAND County, Penn.y1vania, by handing to ROBERT WOODALL a true and atte.ted copy of the NOTICE AND COnPLAINT AND tog.ther with INTERROGATORIES and at the .ame time directing His attention to the content. therecf. . Sheriff'. CcstSI Dock.ting Service Affidavit Surcharge 6.00 .00 .00 2.00 Sc ans~~ ~~ R. Thoma. K11ne, 5her1tt .8.~~ R. 3ACK CLAPP & ASSOCIATES 11/07/1997 , by C~;7r~'Ul Y.J"'l Depu~tt Sworn and subscribed to b.for. me this I~~ day of~ 19 If' A. D. q..",~~_ ~IL.- ~' ro onot..r .. , . BAISHI BAILEY . . Plaintiff . . vs. . . . SUSAN WOODALL, et al. . . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW No.: 97.5745 ....-......................................................Q................................................ RETURN OF SERVICE The undersigned hereby certifies that on the 24th day of October, 1997, he did deposit Into the United States rnail, postage prepaid, Certified Article No, Z.191.510.634, a Complain1 addressed to The Estate of Sauron Dalton, 4663 Stoneway Drive, Colurnbus, OH 43229, and that on the 18th day of Novernber 1997, he did receive the return recelp1 card which Is attached hereto as Exhibit A with the signature of E Daulton., and date of delivery of Novernber 10,1997. RespectfUlly subrnitted, R. JACK CLAPP & ASSOCIATES uO Douglas t:': Desjardins 601 Pennsylvania Avenue, N.w. South Building, Ste. 900 Washington, D. C. 20004 (202) 638.5300 Attorney for Plaintiff, Bailey ""I . o~lIimol_a...__ o___-"...onde. I ...... vow NfM'" ~ on" rwne 01 hi bm 10 1\1I .. eM""" INI -..you. _,..,... tronn to 1M Inn "'1'1II n'lIIIp6IcI. Of on"''' If IpeclII doll not . 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