HomeMy WebLinkAbout00-08059
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN
vs.
NO. 00 _ p~ (2;0;( <-r~
GEORGE KARANDRIKAS
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take legal action within twenty days after this document is
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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
717-240-6200
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
LONNIE FRIEDMAN
: NO: 00-8059 CIVIL TERM
VS
GEORGE KARANDRIKAS
ANSWER AND COUNTERCLAIM
AND COMES NOW, GEORGE KARANDRlKAS, by his attorney, J. Christian
Ness, Esquire, and files the following Answer and Counterclaim:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied as stated. It is averred that in the vicinity of the Emigsville exit, both
vehicles were in the left-hand (passing) lane. Plaintiffs vehicle was in front, and
Defendant's vehicle was following behind. Plaintiff then operated his vehicle into
the right lane, and Defendant passed the Plaintiff s vehicle on the left. At the
point that both vehicles were side by side, Plaintiff gave an obscene gesture to
Defendant and his family, who occupied his vehicle with him, and the gesture was
returned by Defendant.
5. Denied. It is averred that Plaintiff pulled his vehicle to the right, and Defendant
passed the vehicle on the left.
6. Denied as stated. It is averred that when Defendant passed Plaintiff, Plaintiff
gave to Defendant an obscene gesture, which was returned.
7. Denied as stated. It is averred that after Defendant passed Plaintiff, Plaintiff
accelerated his vehicle so as to continue driving side by side with the vehicle of
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Defendant, Plaintiff operating his vehicle dangerously close to the Defendant's
vehicle, while Plaintiff yelled and gestured for Defendant to pull over.
8. Denied. It is averred that Plaintiff continued to make obscene gestures to
Defendant, and gestured him to pull over. Plaintiff continued to follow
Defendant, both vehicles leaving York County and entering Cumberland County,
Pennsylvania.
9. Denied. It is averred to the contrary that Plaintiff continued to follow Defendant,
close behind him, in a threatening manner.
10. Denied. It is averred that Plaintiff continued to follow the Defendant until the
Defendant was required to stop his vehicle because of a light.
II. Denied. It is denied that Defendant was making obscene gestures and yelling.
12. Denied as stated. It is averred that as soon as Defendant stopped his vehicle
because of a light, Plaintiff pulled his vehicle behind Defendant, got out of his
vehicle, ran to Plaintiffs car, and began a karate-style kicking against the window
ofthe driver side of Defendant's vehicle in an attempt to break out the window.
While kicking the vehicle, Plaintiff was yelling, "Get out. I'm going to kick your
ass". It is denied that Defendant threw Plaintiff backward, but it is averred that
he got out of his car to protect his family.
13. Denied as stated. It is averred that Defendant got out of the car to prevent the
Plaintifffrom breaking in his window.
14. Denied as stated. It is averred that Plaintiff began to kick Defendant on the hip,
and kicked Defendant repeatedly. The parties then grappled, rolling across the
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median divide separating the north and southbound lanes. During the course of
this conduct, Plaintiff began to choke the Defendant.
15. Denied as stated. It is admitted that the Defendant's daughter did exit the vehicle
to attempt to protect her father, who was being kicked, and choked.
16. Denied as stated. It is admitted that a police officer appeared. After the police
officer attempted to pull the Plaintiff off of the Defendant, Defendant, upon
seeing the policeman, and believing that the situation was under control, stopped
struggling with the Plaintiff. When Defendant ceased his struggles, and while the
police officer was looking on, Plaintiff grabbed the Defendant's head, while
Defendant was still on his back on the ground, and slammed the back of
Defendant's head into the ground at least two times, splitting open the back of
Defendant's head.
17. It is averred that there is no reason to inform Plaintiff of any disease, and no
request was made.
18. It is denied that Plaintiff suffers any injuries, and proof is demanded at trial. It is
averred to the contrary that Defendant was the one who was injured.
19. It is denied that there was any willful, malicious, or intentional act on the part of
the Defendant, since Plaintiff was the aggressor.
20. Denied. It is averred that Plaintiff was the aggressor.
21. It is denied that punitive damages are appropriate since Plaintiff was the
aggressor.
22. It is denied that Defendant is liable for any monetary damages to Plaintiff,
because Plaintiff was the aggressor.
WHEREFORE, Defendant prays that the Complaint of Plaintiff be dismissed.
COUNTERCLAIM
23. Plaintiff was the aggressor, and his conduct was that as described in the Answer
to Plaintiffs Complaint as set forth above.
24. Plaintiffs behavior as described above constituted a malicious assault upon the
Defendant, was willful, malicious, and carried out with the intent to kill or
seriously injure Defendant, with no justification whatsoever, for which punitive
damages are claimed from Plaintiff.
25. As a, result of the incident described in Defendant's responses above, the personal
property of Defendant, that is, his clothing, having a value of approximately
$1,000, was irreparably damaged, and had to be discarded, for which claim is
made upon the Plaintiff. Also, as a result of the assault upon the Defendant, his
necklace, having a value of approximately $250, and a watch, having a value of
. approximately $50, were damaged, for which claim is made upon the Plaintiff.
26. As a result of the assault by Plaintiff upon Defendant, the Defendant was taken to
Holy Spirit Hospital, Camp Hill, where he was treated for his injuries, which
included a severe cut to the back of his head, requiring stitches to close, and cuts
and abrasions over various parts of his body. Defendant has, to date, incurred
hospital and medical expenses in the sum of$I,358.21, for which claim is made
upon the Plaintiff.
27. Asa result of the assault by Plaintiff upon the Defendant, the Defendant suffered
fear and apprehension, mental distress, pain, suffering and discomfort, and will
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continue to suffer such symptoms for an indefinite time in the future, for which
claim is made upon the Plaintiff.
WHEREFORE, Defendant requests in his Counterclaim damages in excess of
$30,000.
/R9P..e'1tfullY submitted,
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/ Attorney for Defendant
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York,PA 17401
(717) 843-8004
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I verify that the statements made in this instrument
are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to
authorities.
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Dated:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN
vs.
NO. 00' peS'9 (j"Ot'{ <=-r~
GEORGE KARANDRlKAS
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take legal action within twenty days after this document is
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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
717-240-6200
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN
Plaintiff
NO: HJ - J'059 (!;,;J ~
V.
GEORGE KARANDRlKAS
Defendant
COMPLAINT
AND COMES NOW, LONNIE FRIEDMAN, by his attorney, Paul J. Killion, and
files his Complaint as follows:
1. Plaintiff, LONNIE FRIEDMAN, resides at 4099 Rufus King Court, Enola,
Pennsylvania 17025.
2. Defendant, GEORGE KARANDRIKAS, is an adult individual residing at
2995 Lehigh Road, York, York County, Pennsylvania 17402.
3. On November 15, 1998, at about 4:15 p.m., Plaintiff was operating his
motor vehicle north on Interstate 83, in York County, Pennsylvania, in the vicinity of a
construction site on Route 83.
4. Within a mile or two of a construction site, Plaintiff Lonnie Friedman was
driving in a northerly direction in the left-hand lane of Route 83 at approximately forty
miles per hour. Defendant was slowing his vehicle as he was approaching the
construction site.
5. Plaintiff became aware of a dark motor vehicle closing in on him from the
rear at a high rate of speed. Defendant Karandrikas was immediately on the Plaintiff s
bumper for approximately one-quarter of a mile. Plaintiff had to pull his car into the
right-hand lane as the black Mercedes, operated by the Defendant, sped past him.
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6. As the Defendant's Mercedes, which was also occupied by two females
who were later identified as the Defendant's wife and daughter, sped past, the Defendant
made an obscene gesture at the Plaintiff.
7. As the Defendant's car passed, it swerved into the right-hand lane in front
of the Plaintiff's car, slammed on its breaks causing the Plaintiff to have to slam on his
breaks to avoid hitting the Defendant's vehicle. The Defendant then sped up and cut in
front of some other traffic as the vehicles entered the construction site where there was a
cattleshoot with only one lane of traffic.
8. After proceeding through the construction site Plaintiff was once again
passing the Defendant when the Defendant made obscene gestures at the Plaintiff and
cursed out the window. Plaintiff merely shook his head at such behavior by an adult and
continued along the road. The Defendant's motor vehicle sped off heading north.
9. Plaintiff noticed Defendant's car acting irrationally and cutting in front of
other traffic as he proceeded northward. Plaintiff unsuccessfully attempted to report this
conduct to the State Police by cell phone.
10. Plaintiff exited Route 83 onto 581 West and proceeded to exit onto Route
15 North where he was to meet a friend at a restaurant for dinner. As Plaintiff exited
Route 581 West onto Route 15 North he came to a stop light and noticed for the first time
that the irrational driver from Route 83 was immediately next to him.
11. The Defendant George Karandrikas, the driver of the vehicle, once again
made an obscene gesture with his finger and was yelling profanities through his window.
12. Plaintiff exited his motor vehicle and approached Defendant Karandrikas's
motor vehicle asking him what his problem was. As the Plaintiff approached the
Karandrikas vehicle's driver door, Karandrikas opened the door violently throwing the
Defendant backwards.
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13. Defendant Karandrikas exited his motor vehicle yelling, "So you want to
play this car game ....." and began kicking Plaintiffs car.
14. Plaintiff attempted to subdue Karandrikas and to stop him from causing
further damage to Plaintiffs vehicle when Defendant Karandrikas kicked Plaintiff. In
attempt to subdue the Defendant, Plaintiff ended up rolling around the back of the car and
across the median strip of the highway rolling one on top of the other. Plaintiff's head
was held in a head lock by Defendant Karandrikas.
15. Defendant Karandrikas' daughter and wife jumped on the back of
Defendant.
16. As a third person approached and identified himself as a police officer and
started to break up the clinch between the Plaintiff and Defendant, Defendant Karandrikas
bit Plaintiff on the inner arm piercing his skin. Plaintiff believes that any head injuries to
the Defendant occurred solely because the Plaintiff was trying to extricate his arm from
the Defendant's mouth.
17. Defendant has refused to inform Plaintiff whether he suffers from any
disease transtnittable by the bite he inflicted.
18. Plaintiff has suffered considerable physical and emotional damage from
the events described in this Complaint including, but not litnited to, abrasions, discomfort
and bleeding, as welI as fear of transtnittable disease inflicted upon him by Plaintiff s
bite. Plaintiff has also suffered considerable embarrassment, humiliation and discomfort,
fear, pain and suffering and will continue to do so for an indefinite term.
19. All the damages described to this point in the Complaint are a direct result
of Plaintiff s deliberate willful malicious and brazen acts as described in this Complaint.
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These acts were carried out by the Defendant with the intent to seriously injure Plaintiff
and with no justification.
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20. All of Plaintiff's damages are a direct result of Defendant's actions as
described in this Complaint.
21. Plaintiff makes a claim for punitive damages for the reasons set forth on
this Complaint.
22. As a result of the incident described above, the personal property of
Plaintiff that is his clothing having a value of approximately $100.00 was irreparably
damaged and had to be discarded, for which claim is made upon the Defendant. Also, as
a result of the incident, the Plaintiff has incurred hospital and doctor expenses of
approximately $200.00 and sustained $522.00 damages from the Defendant kicking his
vehicle, for which claim is made upon the Defendant.
Wherefore, Plaintiff demands judgment against Defendant in an amount in excess
of $30,000.00 along with all costs of this suit.
Q~2J~
Paul J. Killion, ESqUrre~
Attorney for Plaintiff Friedman
ill #20955
KILLION & METZ
214 Pine Street
Harrisburg, P A 17101
(717) 232-0879
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I veritY that the st~tements made in this instrument are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
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Dated:
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GEORGE KARANDRIKAS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 02 - 0749
CIVIL TERM
LONNIE FRIEDMAN,
Defendant
: CIVIL ACTION - LAW
LONNIE FRIEDMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00 - 8059 CIVIL TERM /
v
GEORGE KARANDRIKAS,
Defendant
: CIVIL ACTION - LAW
ANSWER TO MOTION FOR SANCTIONS
Lonnie Friedman, by his attorneys, Broujos & Gilroy, P.C., sets forth the following in
response to the Motion of George Karandrikas for sanctions on Lonnie Friedman for
failure to fully answer Interrogatories:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted. By way of further answer, the information requested by Plaintiff
that was objected to was a request for a list of Defendant's income for the past five (5)
years and copies of tax returns. In addition to being objectionable pursuant to
Pennsylvania Rule of Civil Procedure 4003.7, Defendant asserts that such information is
not relevant to the subject matter involved in the pending action and is objectionable
pursuant to Pennsylvania Rule of Civil Procedure 4003.1.
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Denied. Defendant Lonnie Friedman was justified in refusing to disclose
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information concerning his income for the past five (5) years because said income is solely
related to his wealth and not otherwise relevant to the subject matter involved in the
pending action, and is thereby objectionable pursuant to Pennsylvania Rule of Civil
Procedure 4003.7 and 4003.1.
6.
Denied. Defendant's actions in objecting to providing copies of his Income
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A. Plaintiff has no basis to seek copies of Defendant's Income Tax
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Tax Returns are appropriate for the following reasons:
Returns except to determine Defendant's "wealth" and, therefore, Plaintiff may not obtain
such information without a court order pursuant to Pennsylvania Rule of Civil Procedure
4003.7.
B. If the Plaintiff suggests that he is requesting copies of Defendant's
income for the past five (5) years for reasons other than determining wealth in a punitive
damage claim, Defendant asserts that the income of the Defendant over the past five (5)
years and copies of his Income Tax Returns are not relevant to the subject matter involved
C. This case was previously listed for a non-jury trial and assigned to the
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in the pending action and, pursuant to Pennsylvania Rule of Civil Procedure 4003.1,
Defendant should not be required to produce the same.
Honorable Edgar B. Bayley. By prior Order issued in this case, Judge Bayley has indicated
that the case will be brought back to him once discovery is complete for trial. Since this is a
non-jury trial, Defendant suggests that any issue of wealth or income of either party is not
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a relevant issue until the court will determine that punitive damages are appropriate and,
at that time, the court can allow the parties to explore issues of income and wealth.
D. When a party seeks to obtain inheritantly private and personal
information (such as income) a court is obligated to exercise its authority to limit the scope
of such discovery to protect this privacy. Fechhelm v Nazareth Mutual Insurance
Companv, 49 Pa. D. &C.4th 493 (Monroe County, 2000).
7. This case involves a fistfight between both parties, with both parties suing
each other for damages arising out of the incident and both parties seeking punitive
damages. Lonnie Friedman is not seeking any loss of income in connection with his claim
and, on that basis, his income tax return for the past five (5) years is not relevant to these
proceedings.
WHEREFORE, Defendant Lonnie Friedman requests that this court sustain his objection
to Interrogatory Number 9 and direct that he is not required to disclose to George
Karandrikas Mr. Friedman's Income Tax Returns and income for the past five (5) years.
Respectfully submitted,
Hubert X. Gilroy, squi
Attorney for Defendan
Broujos & Gilroy, P. .
4 North Hanover Street
Carlisle, P A 17013
(717) 243-4574
Supreme Court ID No. 29943
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GEORGE KARAf'lDRIKAS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LONNIE FRIEDMAN,
DEFENDANT
02-0749 CIVIL TERM
LONNIE FRIEDMAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
GEORGE KARANDRIKAS,
DEFENDANT
00-8059 CIVIL TERM ./
AND NOW, this
ORDER OF COURT
~~ day of May, 2003, IT IS ORDERED that a
bench trialshall be conducted in Courtroom No.2, Cumberland County Courthouse,
Carlisle, Pennsylvania, at 1:30 p.m., Wednesday, June 18, 2
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By the Court,
Harry M. Ness, Esquire
For George Karandrikas
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Hubert X. Gilroy, Esquire VY~ -,
For Lonnie Friedman ~
Court Administrator
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GEORGE KARANDRIKAS,
Plaintiff
NO. 02 - 00749
v
LONNIE FRIEDMAN,
Defendant
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CIVIL TERM
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LONNIE FRIEDMAN,
Plaintiff
NO. 00 - 8059
CIVIL TERM ./'
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GEORGE KARANDRIKAS,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
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Please enter the appearance of the firm of Broujos & Gilroy, P.C. on behalf of Lonnie
Friedman in the above cases.
Respectfully submitted,
Hubert X. Gil y, uire
Broujos & Gi , P.C.
4 North Hanover Street
Carlisle, PA 17013
(717) 243-4574
Supreme Court ID No. 29943
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGE KARANDRlKAS
vs.
LONNIE FRIEDMAN
No. 00749-2002 CIVIL TERM
LONNIE FRIEDMAN
vs.
GEORGE KARANDRIKAS
No. 00-8059 CIVIL TERM ./
WJTHDRA WAL OF COUNSEl,
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TO THE PROTHONOTARY:
Withdraw my appearance on behalf of Lonnie Friedman in the above-captioned
cases.
Res bmitted,
w~
Paul J. Killi n,
I.D. No. 20955
214 Pine Street
Harrisburg, P A 171 0 1
(717) 232-0879
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GEORGE KARANDRIKAS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
LONNIE FRIEDMAN,
Defendant
NO. 02-0749 CIVIL TERM
LONNIE FRIEDMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
GEORGE KARANDRIKAS,
Defendant
NO. 00-8059 CIVIL TERM )
ORDER OF COURT
AND NOW, this 30th day of January, 2003, upon consideration ofthe "Motion for
Sanctions for Failure To Fully Answer Plaintiff Karandrikas' Interrogatories, Under
Pennsylvania Rule of Civil Procedure 4019(a)(1)(i)," a Rule is hereby issued upon
Defendant Lonnie Freidman to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Harry M. Ness, Esq.
328 East Market Street .'
York,Pennsylvania17403 ~ ~
Attorney for Plaintiff George Karandrikas
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and subrnitted in duplicate)
TO THE PmfuOWI'ARY OF CUMBERLAND COUN'I'Y
Pl~e list the following case:
(Check one)
) for JURY trial at the next term of civil court.
X) for trial without a jury.
----------_._-----------------~-----------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
( X ) Civil Action - Law
Appeal from ArOitration
George Karandrikas
(Plaintiff)
(other)
vs.
Lonnie Friedman .
The trial list will be called on 8/ l2 / 0 3
and
(Defendant)
Trials corrmence on 9 / 8 /03
Pretrials will be held on 8/20/03
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case fOr trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 2l4.l.)
No.
Civil
02-00749
192002
II)clicate the attorney who will try case for the party who files this praecipe:
Harry M. Ness, Esquire
Indicate trial counsel for other parties if known:
Hubert X. Gilroy, Esquire
This case is ready for trial.
Signed:
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Print Narre:
Harry M. Ness
Date:
May 19, 2003
Attorney for: Plaintiff
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-08059 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRIEDMAN LONNIE
VS
KARANDRIKAS GEORGE
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:
KARANDRIKAS GEORGE
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 4th, 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York Co
18.00
9.00
10.00
23.90
.00
60.90
12/04/2000
KILLION & METZ
~7~~~
R ~as Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
!i~ day of ~
this
02/rD'o A.D.
(~a,~,~-
Prothonotary
.
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COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST.. YORK. PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFFISI
'Lonnie P -:
3, DEFENDANT/51
2. COURT NUMBER
4. E I 0 NT
Notice & Complaint
SERVE
..
AT
r r
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
George Karandrikas
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
2995 Lehigh Rd York P 17402
7. INOICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE OEPUTIZ"G & CE!',T. MAilI
~Um-Br_;:ln-
NOW . 11/1.6/00 ,20_I.SHERIFFOF~~~A,dohereb
York COUNTYtoex__' ~jij1~t"H
to law. This deputization being made at the request and risk of the plaintiff. "r. ..
SHERIFF
{
o 1 ST CLASS MAIL
o POSTED
o OTHER
8. SPECIAlINS'fRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
OUNTY''5<
Cumberland
OUT OF COUNTY
CUMBERIJ\ND
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchml3n, in custody of whomever is found In possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any los6, destruction, or removal of any property before sheriff's sale thereof.
9. 1J?.lWt"1,&"nd ~jW~~:Y f ORIGINATOR and SIGNATURE
214 PINE ST., HARRISBURG, PA 17101
10. TELEPHONE NUMBER 11. DATE FILED
(717) 232-0879
11/14/00
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND COUNTY SHERIFF
13. I acknowledge receipt of the writ
or complaint as indicated above.
J. LUDWIG
22. REMARKS:
POSTED (
POEt )
SHERIFF'S OFFICE ( )
OTHER (
SEE REMARKS BELOW
16. HOW SERVr;O: PERSONAL (
I!NI7&G
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~ 23. Advance Costs
)!:: 100.00 18.00
.~ 34. Foreign County Costs
42. day of
40. Costs Due or Refund
4 . ~:J7-(/()
47. DATE
WILLIAM .M. HOSE
48. Signature,df Foreign
County S.h~rlff
SIGNATURE
11 29 00
49. DATE
51. DATE RECEIVED
1. WHiTE -; Issuing Authority 2. PINK. Attorney 3. CANARY - Sheriffs Office 4. BLUE. Sheriffs Office
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COUNTY OF, YORK.
OFFICE OFTHE SHERIFF
SER\(ICE CALL
(717) 771 ,9601
ze EASTMARKET.9T, YORK. PA 17401
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'e\\; SHERIFF SERVICE
\ PROCESS RECEIPT al1d AFFIDAVIT OF RETURN
1, PLAINTIFi=/SI
Lonnie
3. o..EF'ENDANT/SI
Friedman
-4.
E 0 INT
Notice & Complaint
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\....SERVE { 5 NAME OF INDIVIDUAL, COM~ANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
~ ~ ~eo~ge' Karandr1kas
..".. , 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORQ, TWP , STATE A~D ZIP CODE)
AT 2995 Lehigh Rd. York, P 1 7402 ~,-,'
7. INDICATE SERVICE Q PERSONAL I QPERSON IN CHARGE l'DEPUTIZ't;lm1'P'e'i'~Tlirro'J: Q 1ST ClASS MAIL Q POSTED Q OTHER
NOW .~. ,. l~~.~~IOO,; ..~., ....;;. ,~; ";;'7r~'rt~~~~~l~f!:i~fr~~i!:~:~f~~dt~~~!f:~~0~::~ff of
to'law. This d~putizatiol1 being made at the request and risk of the plaintiff.
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~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
SHERIFF olX:'<<lKliS:CoUNTY
Cumberland
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OUT OF COUl'fl'Y
CUMBERlAND \
ADVAOCE FEE PAID BYCUMBERIJ\ND roUNTY ~IFF
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, " - -, - "', " ,- -,"
NOTE~,:ONL Y APPLlCA_BLE ON 'WR,IT"OF ,EXECJ;JTION: 'N.a..WAIVER OF WATCN'MAN ~,Any ,dep~ty sheriff levying upon cir aita9hing any property under within writ ma}i leave 'same
without a,~atchman; in ~ysfl1Qy ofwhomevef is-fOUn~jn pdsses,sion~ ,after notifying p~rson of levy. or attachment-without liabHity em-the .P~rt'of-.such'deputy or the sl1eriff to any plaintiff
herein_ for anY~{Cl:ss'ii'destruc:tron>9r ~em6:Val of-a,nr prpp~rty,before' shefi~s sale thereof. . "';J'., .
9.~~r,JJ~~d*~~~;~~~:YI0~1)3IN~TOR,,"qSI~N~TURE ." ./( ; .~;;,;,;1?;JEr~PHONMi.lMBER 11MTEFILED
. 2J.;4 ;1'INlil;.ST;,,~~~, PAJ,7l0l '..;;~:,';'if;;0:c;::~"""'(p17) . 232"'O~79. 11/14/00.
- -', '- :1?' sENaiN,b,T1~'EH)f:-SE~VfGE,c6py,-:(- tNAME~:ANn~ADD'RESSHELbw' ~his are~:,rh'~st oe~9ohrpl~te~'J_~:noUge'rs'to t:ie:mai!~<:l), -J'
~cO~S!;!EltiFF" .... ",
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13. 1_ aekry~lJIl;e~ge:reCeipt of t~e -writ
or.eomplaint as indicated'above:-
J. LUDWIG
16. HOWSERVED: PERSONAL'.,) .'. RESlE;!lNC~. '~OSTED() .' POE(). '.sH,ERIFF'SOFFICE() OTHER (
o I hereby- certify and return a NOT FOUND-b~use I am uh1a'ble to locate thl;! individual, company, etc. 'named above., (See, remarks below.)
SEE REMARKS BELOW
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33. Costs Du.eoJ RefUn. d, 9;'.. ,S,k N'O,.<)
'76..10 ".. ._' 'r.:?tJO/
49: Costs Due 'or Refund
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, '<.1,;):/; {i/<l::t '4" s~~~atur'l.OfFOrg;gn
lit ',F~~'('c'd CountySheftft~-.
50.1 KNOWLEDGE RECElPT'O,j'HE'SHERIF. iI. ETU N SIGNATURI'2.C;c;c.....
o AUTHORIZED ISSUING',AUTI:{ORITY AND :TITLE ' r ~ .
51. DATE RECEIVED
1"'-
1. WHITE - Issuing Authority 2. PINK -Attorney 3. CANARY - Sheriff's Office 4. BLuEt-'Sheriffs Office
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and sul:rnitted in duplicate)
TO THE PID!'HOOOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
for JURY trial at the next term of civil court.
( X
for trial without a jury.
-------------------------------...-----------
CAPTION OF CASE
(entire caption llRlSt be stated in full)
(check one)
( X ) Civil Action - Law
Appeal from Arbitratiori
Lonnie Friedman
(other)
{Plaintiff)
vs.
George Karandrikas
The trial list will be called on 8/ 12 / 0 3
and
Trials conmence on
9/8/03
(Defendant)
Pretrials will be held on 1l/2QiQ3
(Briefs are due 5 days befoIll 'pre rials.)
vs.
(The party listing this case for trial shall
. provide iforthwith a copy of the praecipe to
all counsel, pursuant to local Rule 2l4.1.)
No.
Civil 00-8059
19 2002
. Indicate the attorney who will try case for the party who files this praecipe:
Harry M. Ness, Esquire
Indicate trial counsel for other parties if known:
Hubert X. Gilroy, Esquire
This case is ready for trial.
Signed:
-~ ---
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Print Narre:
Harry M. Ness, Esq.
Date: May 19, 2003
Attorney for:
Defendant
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LONNIE FRIEDMAN,
PLAINTIFF/COUNTERCLAIM
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
GEORGE KARANDRIKAS,
DEFENDANT/COUNTERCLAIM
PLAINTIFF 00-8059 CIVIL TERM
~ VERDICT
$
AND NOW, thisB" day of August, 2003, following a bench trial, I find in favor of
defendant, George Karandrikas, and against plaintiff, Lonnie Friedman, on liability. I
find in favor of counterclaim plaintiff George Karandrikas, and against counterclaim
defendant, Lonnie Friedman, on the counterclaim. The completion of the evidence on
the damage portion of the counterclaim shall be held in Courtroom Number 2,
Wednesday, August 13, 2003, at 8:45 a.m.
,/'
By t!)e'Court,
"'f(arry M. Ness, Esquire
For George Karandrikas
vliubert X. Gilroy, Esquire
For Lonnie Friedman .
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GEORGE KARANDRIKAS,
PLAINTIFF
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:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
LONNIE FRIEDMAN,
DEFENDANT
: 02-0749
CIVIL TERM
LONNIE FRIEDMAN,
PLAINTIFF
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYL VANIA
V
GEORGE KARANDRIKAS,
DEFENDANT
~ 00-8059'/CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above two actions as settled and discontinued.
Date:
P'.2I-03
~s, Esquire
Attorney for George Karandrikas
Date: tel7 ( (j ')
Gtl
Hubert X. Gilro , Esquire
Attorney for onnie Friedman
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN
VS.
GEORGE KARANDRIKAS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take legal action within twenty days after this document is
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
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
One Courthouse Square
Carlisle, PA 17013
717-240-6200
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN :
Plaintiff :
:
V.
GEORGE KARANDRIKAS
Defendant
NO: -
AND COMES NOW, LONNIE FRIEDMAN, by his attorney, Paul J. Killion, and
files his Complaint as follows:
1. Plaintiff, LONNIE FRIEDMAN, resides at 4099 Rufus King Court, Enola,
Pennsylvania 17025.
2. Defendant, GEORGE KARANDRIKAS, is an adult individual residing at
2995 Lehigh Road, York, York County, Pennsylvania 17402.
3. On November 15, 1998, at about 4:15 p.m., Plaintiff was operating his
motor vehicle north on Interstate 83, in York County, Pennsylvania, in the vicinity of a
construction site on Route 83.
4. Within a mile or two of a construction site, Plaintiff Lonnie Friedman was
driving in a northerly direction in the left-hand lane of Route 83 at approximately forty
miles per hour. Defendant was slowing his vehicle as he was approaching the
construction site.
5. Plaintiff became aware of a dark motor vehicle closing in on him from the
rear at a high rate of speed. Defendant Karandrikas was immediately on the Plaintiff's
bumper for approximately one-quarter of a mile. Plaintiff had to pull his car into the
fight-hand lane as the black Mercedes, operated by the Defendant, sped past him.
6. As the Defendant's Mercedes, which was also occupied by two females
who were later identified as the Defendant's wife and daughter, sped past, the Defendant
made an obscene gesture at the Plaintiff.
7. As the Defendant's car passed, it swerved into the right-hand lane in front
of the Plaintiff's car, slammed on its breaks causing the Plaintiff to have to slam on his
breaks to avoid hitting the Defendant's vehicle. The Defendant then sped up and cut in
front of some other traffic as the vehicles entered the construction site where there was a
cattleshoot with only one lane of traffic.
8. After proceeding through the construction site Plaintiff was once again
passing the Defendant when the Defendant made obscene gestures at the Plaintiff and
cursed out the window. Plaintiff merely shook his head at such behavior by an adult and
continued along the road. The Defendant's motor vehicle sped off heading north.
9. Plaintiff noticed Defendant's car acting irrationally and cutting in front of
other traffic as he proceeded northward. Plaintiff unsuccessfully attempted to report this
conduct to the State Police by cell phone.
10. Plaintiff exited Route 83 onto 581 West and proceeded to exit onto Route
15 North where he was to meet a friend at a restaurant for dinner. As Plaintiff exited
Route 581 West onto Route 15 North he came to a stop light and noticed for the first time
that the irrational driver from Route 83 was immediately next to him.
11. The Defendant George Karanddkas, the driver of the vehicle, once again
made an obscene gesture with his finger and was yelling profanities through his window.
12. Plaintiff exited his motor vehicle and approached Defendant Karandrikas's
motor vehicle asking him what his problem was. As the Plaintiff approached The
Karandrikas vehicle's driver door, Karanddkas opened the door violently throwing the
Defendant backwards.
-2-
13. Defendant Karandrikas exited his motor vehicle yelling, "So you want to
play this car game ..... "and began kicking Plaintiff's car.
14. Plaintiff attempted to subdue Karandrikas and to stop him from causing
further damage to Plaintiff's vehicle when Defendant Karandrikas kicked Plaintiff. In
attempt to subdue the Defendant, Plaintiff ended up rolling around the back of the car and
across the median strip of the highway rolling one on top of the other. Plaintiff's head
was held in a head lock by Defendant Karandrikas.
Defendant Karanddkas' daughter and wife jumped on the back of
15.
Defendant.
16.
As a third person approached and identified himself as a police officer and
started to break up the clinch between the Plaintiff and Defendant, Defendant Karandrikas
bit Plaintiff on the inner ann piercing his skin. Plaintiff believes that any head injuries to
the Defendant occurred solely because the Plaintiff was trying to extricate his ann from
the Defendant's mouth.
17. Defendant has refused to inform Plaintiff whether he suffers from any
disease transmittable by the bite he inflicted.
18. Plaintiff has suffered considerable physical and emotional damage from
the events described in this Complaint including, but not limited to, abrasions, discomfort
and bleeding, as well as fear of transmittable disease inflicted upon him by Plaintift~s
bite. Plaintiff has also suffered considerable embarrassment, humiliation and discomfmt,
fear, pain and suffering and will continue to do so for an indefinite term.
19. All the damages described to this point in the Complaint are a direct result
of Plaintiff's deliberate, willful, malicious and brazen acts as described in this Complaint.
These acts were carded out by the Defendant with the intent to seriously injure Plaintiff
and with no justification.
-3-
20. All of Plaintiff's damages are a direct result of Defendant's actions as
described in this Complaint.
21. Plaintiff makes a claim for punitive damages for the reasons set forth on
this Complaint.
22. As a result of the incident described above, the personal property of
Plaintiff that is his clothing having a value of approximately $100.00 was irreparably
damaged and had to be discarded, for which claim is made upon the Defendant. Also, as
a result of the incident, the Plaintiff has incurred hospital and doctor expenses of
approximately $200.00 and sustained $522.00 damages from the Defendant kicking his
vehicle, for which claim is made upon the Defendant.
Wherefore, Plaintiff demands judgment against Defendant in an amount in excess
of $30,000.00 along with all costs of this suit.
Paul J Killion, Es~l~-'~e \
Attorney for Plaintiff Friedman
ID #20955
KILLION & METZ
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
-4-
I verify that the statements made in this instrument are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
SHERIFF' S RETURN
CASE NO: 2000-08059 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJ~ND
FRIEDMAN LONNIE
VS
KARANDRIKAS GEORGE
- OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
KARANDRIKAS GEORGE
but was unable to locate Him
deputized the sheriff of YORK
serve
Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On December 4th , 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York Co
18.00
9.00
10.00
23.90
.00
60.90
12/04/2000
KILLION & METZ
Ro Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /[~ day of
' ' Prothonotary
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
COURT NUMEER
1. pLAINTIFF/S/
l, onn~e ~riedman
3. DEFENDANT/S/ Notice & Complaint
Genrc~¢~ Kn~-nnd~ ~'~ ORSOLD
SERVE ' [- 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED,
~ ~ George Karandrikas ,
~P '~ 6~ ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO, CITY, BORO, TWP., STATE AND Z~P CODE)
AT ~ ~-995 Lehigh Rd, '/ark, PA]7402
7. INDICATE SERVICE: [3 PERSONAL O PERSON IN CHARGE ~'D E P U T I Z F-~ L~ ,~ ~C ~P1T .~MA~ I~ O 1ST CLASS MAIL n POSTED O OTHER
NOW 11 / 1. 6 / 0 0 ,20 I. SHERIFF OF w.~-~CO~A, do hereb~v~;Je~,.~, ize the sheriff of
York oCfOthUeNg ~ f~.X~ rE ~Ty~' according
to law. This deputization being made at the request and risk i i
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C umber ] a rid
OUT OF COUNTY
CUMB~
ADVANCE FEE PAID BY CUmbERLAND COUNTY SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of law or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any 1DSS, destruction, or removal of any property before sheriff's sale thereof.
.. .nd kl f Y'OR'G'"ATORand S,GRATURE L tO. TELEFRO,E,UMBER rt. DATE F,LED
214 PINE ST., HARRISBURG, PA 17101 (717) 232-0879 11/14/00
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW~ (This area must be completed if notice is to be mailed).
CUMBERLAI~ COUNTY SHERIFF
13. ~ acknowledge receipt of the writ
or complaint as indicated above, J. LUDWIG
16. HOW SERVED: PERSONAL ( ) RESIDENCF~I~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. [3 I hereby certify and return a NOT FOUND h,4~.~.~ I am unable to IcCate the individual company, etc named above (See remarks below.
1 ME D TITLE OF INDI SERVE LIST DDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) [ 1 g, Date of Service120 Tims~.~ ~~-:ce
21/ATl~EMPTS~te ~me nt. Da e Time Miles Iht, Date ' ' ' ~
23 Advanoe Costs 24. Service Costs 25, N/F 26. Mileage 27, Postage 28. SubTotal 29 Pound 30 Notary 31,Surchg. 32. TotCosts 33. CostsD ~-Refu CheckN
100.00 18.00 3.go 1.90 .0023.90
36 Sen/ice Costs 37 Notary Ced 38 Mileage/Postage/Not Found 39 Total Costs 40 Costs Due o Refund
34. Foreign County Costs 35. Advance Costs · · · ' '
29th ~ /~ / so A;:C'~,~.~S
4t AFFIRMED and suPscrib~ 0tieforemethie 44 S* ~ 4
.: ~-~ ! e~nT'.fy / HQTARYL]6 Signature of Y%"rk" - ~,~ -/' -- .,,2 ] 47 DATE
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/ //~F~'~---~-~' L"~i~'~"~w~ ------~ I County Sheriff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN
VS.
GEORGE KARANDRIKAS
NO.
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take legal action within twenty days after this document is
served by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or 0bjeetions to the claims set forth against you. You are
warned that if you fail to do so, the ease 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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
717-240-6200
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LONNIE FRIEDMAN
: NO: 00-8059 CIVIL TERM
VS :
:
GEORGE KARANDRIKAS :
ANSWER AND COUNTERCLAIM
AND COMES NOW, GEORGE KARANDRIKAS, by his attorney, J. Christian
Ness, Esquire, and files the following Answer and Counterclaim:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied as stated. It is averred that in the vicinity of the Emigsville exit, both
vehicles were in the left-hand (passing) lane. PlaintiWs vehicle was in front, and
Defendant's vehicle was following behind. Plaintiff then operated his vehicle into
the right lane, and Defendant passed the PlaintiWs vehicle on the left. At the
point that both vehicles were side by side, Plaintiff gave an obscene gesture to
Defendant and his family, who occupied his vehicle with him, and the gesture was
returned by Defendant.
5. Denied. It is averred that Plaintiff pulled his vehicle to the right, and Defendant
passed the vehicle on the left.
6. Denied as stated. It is averred that when Defendant passed Plaintiff, Plaintiff
gave to Defendant an obscene gesture, which was returned.
7. Denied as stated. It is averred that after Defendant passed Plaintiff, Plaintiff
accelerated his vehicle so as to continue driving side by side with the vehicle of
Defendant, Plaintiff operating his vehicle dangerously close to the Defendant's
vehicle, while Plaintiff yelled and gestured for Defendant to pull over.
8. Denied. It is averred that Plaintiff continued to make obscene gestures to
Defendant, and gestured him to pull over. Plaintiff continued to follow
Defendant, both vehicles leaving York County and entering Cumberland County,
Pennsylvania.
9. Denied. It is averred to the contrary that Plaintiffcontinued to follow Defendant,
close behind him, in a threatening manner.
10. Denied. It is averred that Plaintiff continued to follow the Defendant until the
Defendant was required to stop his vehicle because of a light.
11. Denied. It is denied that Defendant was making obscene gestures and yelling.
12. Denied as stated. It is averred that as soon as Defendant stopped his vehicle
because of a light, Plaintiff pulled his vehicle behind Defendant, got out of his
vehicle, ran to Plaintifl's car, and began a karate-style kicking against the window
of the driver side of Defendant's vehicle in an attempt to break out the window.
While kicking the vehicle, Plaintiff was yelling, "Get out. I'm going to kick your
ass". It is denied that Defendant threw Plaintiffbackward, but it is averred that
he got out of his car to protect his family.
13. Denied as stated. It is averred that Defendant got out of the car to prevent the
Plaintiff from breaking in his window.
14. Denied as stated. It is averred that Plaintiff began to kick Defendant on the hip,
and kicked Defendant repeatedly. The parties then grappled, rolling across the
median divide separating the north and southbound lanes. During the course of
this conduct, Plaintiff began to choke the Defendant.
15. Denied as stated. It is admitted that the Defendant's daughter did exit the vehicle
to attempt to protect her father, who was being kicked, and choked.
16. Denied as stated. It is admitted that a police officer appeared. After the police
officer attempted to pull the Plaintiff off of the Defendant, Defendant, upon
seeing the policeman, and believing that the situation was under control, stopped
struggling with the Plaintiff. When Defendant ceased his struggles, and while the
police officer was looking on, Plaintiff grabbed the Defendant's head, while
Defendant was still on his back on the ground, and slammed the back of
Defendant's head into the ground at least two times, splitting open the back of
Defendant's head.
17. It is averred that there is no reason to inform Plaintiff of any disease, and no
request was made.
18. It is denied that Plaintiff suffers any injuries, and proof is demanded at trial. It is
averred to the contrary that Defendant was the one who was injured.
19. It is denied that there was any willful, malicious, or intentional act on the part of
the Defendant, since Plaintiffwas the aggressor.
20. Denied. It is averred that Plaintiffwas the aggressor.
21. It is denied that punitive damages are appropriate since Plaintiff was the
aggressor.
22. It is denied that Defendant is liable for any monetary damages to Plaintiff,
because Plaintiff was the aggressor.
WHEREFORE, Defendant prays that the Complaint of Plaintiff be dismissed.
COUNTERCLAIM
23. Plaintiff was the aggressor, and his conduct was that as described in the Answer
to Plaintiff's Complaint as set forth above.
24. Plaintiff's behavior as described above constituted a malicious assault upon the
Defendant, was willful, malicious, and carried out with the intent to kill or
seriously injure Defendant, with no justification whatsoever, for which punitive
damages are claimed from Plaintiff.
25. As a result of the incident described in Defendant's responses above, the personal
property of Defendant, that is, his clothing, having a value of approximately
$1,000, was irreparably damaged, and had to be discarded, for which claim is
made upon the Plaintiff. Also, as a result of the assault upon the Defendant, his
necklace, having a value of approximately $250, and a watch, having a value of
approximately $50, were damaged, for which claim is made upon the Plaintiff.
26. As a result of the assault by Plaintiff upon Defendant, the Defendant was taken to
Holy Spirit Hospital, Camp Hill, where he was treated for his injuries, which
included a severe cut to the back of his head, requiring stitches to close, and cuts
and abrasions over various parts of his body. Defendant has, to date, incurred
hospital and medical expenses in the sum of $1,358.21, for which claim is made
upon the Plaintiff.
27. As a result of the assault by Plaintiff upon the Defendant, the Defendant suffered
fear and apprehension, mental distress, pain, suffering and discomfort, and will
continue to suffer such symptoms for an indefinite time in the future, for which
claim is made upon the Plaintiff.
WHEREFORE, Defendant requests in his Counterclaim damages in excess of
$30,000.
~R~ pectfully submitted,
~m/~iA~, ESQUIRE
Attorney for Defendant
43 North Duke Street
York, PA 17401
(717) 843-8004
#15941
I verify that the statements made in this instrument
are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn
authorities.
falsification to
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GEORGE KARANDRIKAS,
Plaintiff
V
LONNIE FRIEDMAN,
Defendant
LONNIE FRIEDMAN,
Plaintiff
V
GEORGE KARANDRIKA$,
Defendant
PRAECIPE
NO. 02 - 00749
NO. 00 - 8059
CIVIL TERM
CIVIL TERM
TO THE PROTHONOTARY:
Please enter the appearance of the firm of Broujos & Gilroy, P.C. on behalf of Lonnie
Friedman in the above cases.
Respectfully submitted,
BHU~y'~'~qroujos & Gil~y~, p.c.uire
4 North Hanover Street
Carlisle, PA 17013
(717) 243-4574
Supreme Court ID No. 29943
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGE KARANDRIKAS
VS.
LONNIE FRIEDMAN
LONNIE FRIEDMAN
VS.
GEORGE KARANDRIKAS
No. 00749-2002 CIVIL TERM
No. 00-8059 CML TERM
WITI-I1)RAWAL OF COUNSEl.
TO THE PROTHONOTARY:
Withdraw my appearance on behalf of Lonnie Friedman in the above-captioned
~:as~s.
p~mitted,
I.D. No. 20955
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
GEORGE KARANDRIKAS,
Plaintiff
V
LONNIE FRIEDMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02 - 0749 CIVIL TERM
: CIVIL ACTION - LAW
LONNIE FRIEDMAN,
Plaintiff
V
GEORGE KARANDRIKAS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 00 - 8059 CIVIL TERM ~
: CIVIL ACTION - LAW
.ANSWER TO MOTION FOR SANCTION£
Lonnie Friedman, by his attorneys, Broujos & Giiroy, P.C., sets forth the following in
response to the Motion of George Karandrikas for sanc~tions on Lonnie Friedman for
failure to fully answer Interrogatories:
1. Admitted.
2. Admitted.
3. Admitted.
4.
Admitted. By way of further answer, the information requested by Plaintiff
that was objected to was a request for a list of Defendant"s income for the past five (5)
years and copies of tax returns. In addition to being objectionable pursuant to
Pennsylvania Rule of Civil Procedure 4003.7, Defendant asserts that such information is
not relevant to the subject matter involved in the pending action and is objectionable
pursuant to Pennsylvania Rule of Civil Procedure 4003.1.
5. Denied. Defendant Lonnie Friedman was justified in refusing to disclose
information concerning his income for the past five (5) years because said income is solely
related to his wealth and not otherwise relevant to the subject matter involved in the
pending action, and is thereby objectionable pursuant to Pennsylvania Rule of Civil
Procedure 4003.7 and 4003.1.
6. Denied. Defendant's actions in objecting to providing copies of his Income
Tax Returns are appropriate for the following reasons:
A. Plaintiff has no basis to seek copies of Defendant's Income Tax
Returns except to determine Defendant's "wealth" and, therefore, Plaintiff may not obtain
such information without a court order pursuant to Pennsylvania Rule of Civil Procedure
4003.7.
B. If the Plaintiff suggests that he is requesting copies of Defendant's
income for the past five (5) years for reasons other than determining wealth in a punitive
damage claim, Defendant asserts that the income of the Defendant over the past five (5)
years and copies of his Income Tax Returns are not relevaml to the subject matter involved
in the pending action and, pursuant to Pennsylvania Rule of Civil Procedure 4003.1,
Defendant should not be required to produce the same.
C. This case was previously listed for a non-jury trial and assigned to the
Honorable Edgar B. Bayley. By prior Order issued in this case, Judge Bayley has indicated
that the ease will be brought back to him once discovery is complete for trial. Since this is a
non-jury trial, Defendant suggests that any issue of wealth or income of either party is not
a relevant issue until the court will determine that punitive damages are appropriate and,
at that time, the court can allow the parties to explore issues of income and wealth.
D. When a party seeks to obtain inheritantly private and personal
information (such as income) a court is obligated to exercise its authority to limit the scope
of such discovery to protect this privacy. Fechhelm v Nazareth Mutual lnsuranc~
.Company, 49 Pa. D. &C.4th 493 (Monroe County, 2000).
7. This case involves a fistfight between both parties, with both parties suing
each other for damages arising out of the incident and both parties seeking punitive
damages. Lonnie Friedman is not seeking any loss of income in connection with his claim
and, on that basis, his income tax return for the past five ('5) years is not relevant to these
proceedings.
WHEREFORE, Defendant Lonnie Friedman requests that this court sustain his objection
to Interrogatory Number 9 and direct that he is not required to disclose to George
Karandrikas Mr. Friedman's Income Tax Returns and income for the past five (5) years.
Respectfully submitted,
4 North Hanover Street
Carlisle, PA 17013
(717) 243-4574
Supreme Court ID ]No. 29943
P.RAg¢IPE FOR LISTING CASE ~OR TRIAr.
(Must be typewritten and submitted in dUPlicate)
TO THE PNOTHO~y OF CUMBERLAhD COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( X ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
( chE~k one )
(X) Civil Action - Law
Lonnie Friedman
(Plaintiff)
VS.
George Karandrikas
VS.
( Defendant )
( )
( )
Appeal from Arbitration
(Other)
The trial list will be called on 8 1__~~
and
Trials comnence on 9 / 8 / 03
Pretrials will k~ held on ~/~n/a ~
(Briefs are due 5 days befor~ 'P~t~i~ls. )
· (The party listing this case for trial shall
provide forth%rith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1. )
Civil 00-8059 19 2002
for the party who files this praecipe:
NO.
Indicate the attorney who will try case
Harry M. Ness, Esquire
Indicate trial counsel for other parties if known:
Hubert X. Gilroy, Esquire
This case is ready for trial.
Date: May 19, 2003
Print Name: Harry M. Ness, Esq.
Attorney for: Defendant
LONNIE FRIEDMAN,
PLAINTIFF/COUNTERCLAIM
DEFENDANT
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
GEORGE KARANDRIKAS, DEFENDANT/COUNTERCLAIM '
PLAINTIFF : 00-8059 CIVIL TERM
VERDICT
AND NOW, this~ day of August, 2003, following a bench trial, I find in favor of
defendant, George Karandrikas, and against plaintiff, Lonnie Friedman, on liability. I
find in favor of counterclaim plaintiff George Karandrikas, and against counterclaim
defendant, Lonnie Friedman, on the counterclaim. The completion of the evidence on
the damage portion of the counterclaim shall be held in Courtroom Number 2,
Wednesday, August 13, 2003, at 8:45 a.m.
~'arry M. Ness, Esquire
For George Karandrikas
,,,,l'~ubert X. Gilroy, Esquire
For Lonnie Friedman
Court Administrator
Edgar B. Bayle~,.
:sal
GEORGE KARANDRIKAS,
PLAINTIFF
V
LONNIE FRIEDMAN,
DEFENDANT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
._
.
.-
: 02-0749 CIVIL TERM
LONNIE FRIEDMAN,
PLAINTIFF
V
GEORGE KARANDRIKAS,
DEFENDANT
TO THEPROTHONOTARY:
:IN THE COURT' OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE
Please mark the above two actions as settled and discontinued.
Date: ~--.2/- 0 ~
Harry'-~f.. Ness, Esquire
Attorney for George Karandrikas
Date: K/(~ ~0'~
Hubert X. ilro~ Esquire
Attorney fo~onnie Friedman