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HomeMy WebLinkAbout03-2425LAW OFFICES OF MITCHELL LEE GOLDFIELD BY: MITCHELL LEE GOLDFIELD, ESQUIRE Attorney I.D. 41982 One S. Broad Street Suite 1630 Philadelphia, PA 19107 215-545-3800 ROBERT GIULIANI and KATHLEEN GIULIANI, h/w 101 Central Avenue Glendora, NJ 08029 VS. KENNETH K. ROSSMAN 305 Cherokee Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL LAW DOCKET NO.: 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 COMPLAINT 1. Plaintiffs, ROBERT GIULIANI and KATHLEEN GIULIANI, h/w are adult individuals, who reside at 101 Central Aven7e, Glendora, New Jersey. 2. Defendant, KENNETH K. ROSSMAN, is an adult individual who resides at 305 Cherokee Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania. 3. On or about June 2, 2001, at approximately 12:50 p.m., Plaintiff, ROBERT GIULIANI, was the owner and operator of a 1997 Pontiac, which was north on Sporting Hill Road in Hampden Township, Cumberland County, Commonwealth of Pennsylvania. 4. At the same time and place aforesaid, Defendant, KENNETH K. ROSSMAN was the owner and operator of a 2000 Toyota Tacoma, which was traveling southbound on Sporting Hill Road in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, attempting to make a left turn into a strip mall and in so doing, owed a duty of care to the other drivers in his immediate vicinity. Defendant, KENNETH K. ROSSMAN, negligently, carelessly and/or recklessly breached said duty making an improper left tum into Plaintiffs lane of travel, thereby causing Plaintiff to strike Defendant's vehicle. 5. Defendant, KENNETH K. ROSSMAN, breached his duty of care by negligently, carelessly and recklessly failing to operate the vehicle in a safe and prudent manner, causing Plain- tiff, ROBERT GIULIANI, to suffer injuries as set forth more particularly below. 6. The aforesaid collision and resulting injuries sustained by the Plaintiff, ROBERT GIULIANI, resulted solely from the negligence, carelessness, unlawfulness and/or recklessness of the Defendant, and was in no way due to any act or failure to act on the part of Plaintiff. 7. At all times material and relevant hereto, Plaintiff, ROBERT GIULIANI acted in a careful, cautious, reasonable and prudent manner and were free from any comparative negligence. 8. At all times material and relevant hereto, Plaintiff, ROBERT GIULIANI, was free from any comparative negligence and did not, in any manner, assume the risk of injury and/or accident. COUNT I ROBERT GIULIANI vs. KENNETH K. ROSSMAN 9. Plaintiffs hereby incorporate by reference thereto the facts and allegations as set forth in paragraphs 1 through 8 of this Complaint as though same were more fully set forth at length herein and verbatim. 10. The aforesaid motor vehicle accident and the resulting injuries and/or damages sustained by the Plaintiff directly and/or proximately resulted from the negligence, carelessness and\or recklessness of the Defendant, KENNETH K. ROSSMAN, and consisted of the following: (a) Negligently striking the vehicle in which Plaintiff, ROBERT GIULIANI, was operating; (b) Operating his vehicle at an excessive rate of speed under the circumstances; (c) Failing to have his vehicle under proper and adequate control; (d) Failing to apply his brakes in time to avoid the collision; (e) Negligently applying his brakes; (f) Failing to observe the vehicle in which Plaintiff was in; (g) Failing to operate his vehicle in accordance with existing weather conditions, traffic conditions (h) (i) (k) (l) (m) (n) (o) (p) (q) (s) and/or traffic controls; Permitting or allowing his vehicle to strike and collide with the vehicle which Plaintiff was operating; Failure to obey existing traffic signs and/or controls; Failure to exercise the high degree of care required of a motorist at an intersection; Failing to exercise the high degree of care required under the circumstances; Failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; Attempting to enter an intersection when such movement could not be safely accomplished; In failing to yield the right-of-way to the traffic already upon the highway; Failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; Failing to keep a reasonable look-out for other vehicles lawfully on the road; Operating his vehicle in a manner not consistent with the road, traffic and/or weather conditions prevailing at the time; Turning in such a manner as to endanger other vehicles on the highway; Failing to prudently execute a lane change so as to avoid creating a dangerous situation for other vehicles on the highway; (t) Failing to observe oncoming traffic; (u) Falling to keep a proper look-out for other vehicles lawfully proceeding on the highway; (v) Failure to maintain the assured clear distance between other vehicles on the roadway; (w)Operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; and (x) Otherwise operating said vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. As a direct and proximate result of the Defendant's negligence, carelessness and/or recklessness, Plaintiff, ROBERT GIULIANI, has suffered various and diverse personal injuries, some or all of which are or may be serious and permanent, including, but not limited to, injuries to his head, neck, arms, hands, back and severe emotional distress and other related psychological, mental and physical injuries and various other ills and injuries, the exact extent of which are presently unknown. Some or all of Plaintiffs injuries and/or damages are and/or may be serious, severe and/or permanent in nature. 12. As a further direct and proximate result of the aforesaid negligence, carelessness and/or recklessness of the Defendant, and the resulting injuries and/or damages sustained by the Plaintiff, Plaintiff, ROBERT GIULIANI, has incurred and may, and probably will for an indefinite time in the future, continue to incur various expenses for medicines, medical aids, medical care and/or similar medical and/or medically related instrumentalities and modalities, in and about an effort to cure himself of said injuries, which expenses or losses due or may exceed amounts that he may otherwise be entitled to recover including, but not limited to, all medical expenses resulting from the aforesaid incident. 13. As a further direct and proximate result of the Defendant's negligence, carelessness and/or recklessness, and the resulting injuries and/or damages sustained by the Plain- tiff, Plaintiff, ROBERT GIULIANI, has been and probably will in the future, continue to be deprived of the ordinary pleasures of life, including, but not limited to, being prevented from attending to his usual activities, duties, leisure pursuits, occupations, and avocations, all to his great detriment and loss and he has suffered, continues to suffer and may in the future continue to suffer a severe impact of his eamings and eaming capacity and upon the quality of his life, and the loss of the enjoyment of his life. 14. As a further direct and proximate result of the above-described negligence, carelessness and/or recklessness of the Defendant, and the resulting injuries and/or damages sustained by the Plaintiff, Plaintiff, ROBERT GIULIANI, has suffered and/or suffers and/or continues to suffer severe physical pain, mental anguish, emotional distress, pain, suffering, inconvenience, disfigurement, embarrassment and/or humiliation, and he may continue to suffer same for an indefinite time in the future. 15. As a further direct result of Defendant's negligence, and the resulting injuries and/or damages sustained by the Plaintiff, Plaintiff, ROBERT GIULIANI has or may hereafter incur other financial losses or expenses which do or may exceed amounts which he may otherwise be entitled to recover, all to his great detriment and loss. WHEREFORE, Plaintiff demands judgment of the Defendant, KENNETH K. ROSSMAN, individually, jointly and/or severally in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, plus the costs of suit, interest, damages for delay, and such other further relief as is just and proper. COUNT II KATHLEEN GIULIANI vs. KENNETH K. ROSSMAN 16. Plaintiffs hereby incorporate by reference thereto the facts and allegations as set forth in paragraphs 1 through 15 of this Complaint as though same were more fully set forth at :length herein and verbatim. 17. At all times material hereto, Plaintiff, KATHLEEN GIULIANI, was and is the lawful wife of Plaintiff, ROBERT GIULIANI, and was and is entitled to the services, companionship, support, assistance, society, comfort, happiness and consortium of Plaintiff, ROBERT GIULIANI. 18. As a direct and proximate result of the Defendants' negligence, carelessness and recklessness, and the injuries and damages sustained by Plaintiff, ROBERT GIULIANI, Plaintiff, KATHLEEN GIULIANI, has been and may for an indefinite time in the future, be deprived of the loss of services, society, companionship, support, assistance, comfort, happiness and consortium of her husband, ROBERT GIULIANI, all to her great detriment and loss. 19. As a direct and proximate result of the aforementioned incident, and the injuries and damages sustained by Plaintiff, ROBERT GIULIANI, Plaintiff, KATHLEEN GIULIANI, has suffered and/or continues to suffer from Plaintiff-Husband's loss of earnings and/or earning capacity and/or may in the future, suffer from his loss of earnings and/or earning capacity. 20. As a direct and proximate result of the Defendant's negligence, Plaintiff, KATHLEEN GIULIANI, has or may in the future incur financial losses and expenses in the care and treatment of her husband's injuries. 21. Husband-Plaintiffs injuries would not have occurred absent the negligent and reckless misconduct of the Defendants. WHEREFORE, Plaintiff, KATHLEEN GIULIANI, demands judgment against the Defendants individually, jointly and/or severally in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, plus interest, costs of suit, damages for delay, and such other further relief as is just and proper. DATED: L TM OFFICES OF M~ 2HELL LEE GOLDFIELD L~EE O~LSD. ESQUiRE Attorney for Plaintiffs VERIFICATION MITCHELL LEE GOLDFIELD, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for Plaintiffs in the within action, has not been able to locate Plaintiffs for the purpose of executing a Verification and that the facts and allegations set forth are true and correct to the best of his knowledge, information and belief as supplied to him by the Plaintiffs. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. Consolidated Statute 4904, relating to unsworn falsification to authorities. FFICES F MITC EE GOLDFIELD ~, MITCHE/L/L LEE ~LD, ESQUIRE '~a~m/Sy for Plaintiffs SHERIFF'S RETURN ~ REGULAR CASE NO: 2003-02425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIULIANI ROBERT ET AL VS ROSSMAN KENNETH K BRYAN WARD , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE ROSSMAN KENNETH K DEFENDANT , at 1813:00 HOURS, at 305 CHEROKEE DRIVE MECHANICSBURG, PA 17055 KEITH ROSSMAN a true and attested copy of COMPLAINT & NOTICE on the 10th day of June Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this 2~ day of Qr rothonotar So Answers: R. Thomas Kline 06/11/2003 MITCHELL GOLDFIELD & ASSOC uepu~y LAW OFFICES OF MITCHELL LEE GOLDFIELD BY: MITCHELL LEE GOLDFIELD, ESQUIRE Attorney I.D. 41982 One S. Broad Street Suite 1630 Philadelphia, PA 19107 215-545-3800 ROBERT GIULIANI~dKATHLEEN G1ULIANI,~w VS. KENNETH K. ROSSMAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL LAW DOCKET NO.: 03-2425 ORDER TO SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter Settled, Discontinued and Ended upon payment of your costs only. DAT~fl~r~ Attorney for Plaintiffs