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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Janice E. SPoonire,
Plaintiff Civil Action - Law
• Case No.
Tony PaliometrrOS TDBA Tony's
Concessions
Defendant JURY TRIAL DEMANDED
PRAE E
TO THE PROTHONOTARY;
Issue Writ of Summons against the Defendant and place the Writ
in the hands of the Sheriff for service at the following address:
Tony Paliometros TDBA Tony's Concessions
Commonwealth of Pennsylvania
Department of Conservation and Natural Resources
Bureau of State Parks
Pine Grove Furnace State Park
1100 Pine Grove Road
Gardners, PA 17324
KULLA & WEISBROD, P.C.
Date: May L 1999
BY:?-) l? ia?a
Stephen D. Kulla, Esquire
Attorney for Plaintiff
Pa. Supreme Court I.D. #59003
9 East Main Street
Waynesboro, PA 17268-1633
(717) 762-3374
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Commonwealth of Pennsylvania
County of Cumberland
Janice E. Spoonire
vs.
Tony Paliotretros TDBA Tony's
Concessions
Comm7ntealth of Pennsylvania
Departnent of Conservation and
Natural Resources
Bureau of State Parks
Pine Grove Fu nave State Park
1100 Pine Grove Road
Gardners, PA 17329
Court of Common Pleas
No. ___ 92.3129 Civil Term -_
Fn ---- Civil- Acti---on- = ----- L4V
-------------------------
To ---Tony--Paljj=e-tms-,rnRn mmy'S-Concessions
You are hereby notified that
- Janice E. Spoonire
----------------------------
-------------
the Plaintiff has commenced an action in ------ Ci.vi -&--rioEL =_LaAZ
against you which you are required to defend or a default judgment may be. entered against you.
(SEAL)
------ .urtis -a._ Iong---- -----
Prothonotary
Date May- 24 --------------------- 1922-
a Deputy .SLY
Deputy
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03124 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SPOONIRE JANICE E
VS.
PALIOMETROS TONY ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within SUMMONS IN CIVIL ACTION was served
upon PALIOMETROS TONY T/D/B/A TONY'S CONCESSIONS the
defendant, at 15:55 HOURS, on the 28th day of may
1999 at _ PINE GROVE FURNACE STATE PARK 1100 PINE GROVE ROAD
GARDNERS, PA 17324 CUMBERLAND
County, Pennsylvania, by handing to TONY PALIOMETYROS
a true and attested copy of the SUMMONS IN CIVIL ACTION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00 !oP
Service 8.68
Affidavit .00
00
Surcharge 8.00 R4 5: e i
$34.b8-06 0 /&,WEISBROD 1 99
by LI
e u y bnertff
Sworn and subscribed to before me
this jh'(A. day of Ujt,?_
19-qq A. D. I S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Janice E. Spoonire, Civil Action - Law
Plaintiff
V. Case No. 99-3124
Tony Paliometros TDBA Tony's
Concessions,
Defendant JURY TRIAL DEMANDED
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
claims or relief requested by the Plaintiff. You may also lose
money or property or other rights important to you.
YOU SHOULD TARE 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.
PA Bar Association Lawyer Referral Service
Telephone No: 1-800-692-7375 (PA only)
or (717) 238-6715
RUL & WEISBROD, P.C.
BY: 6
Stephen D. Kulla, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Janice E. Spoonire,
Plaintiff
V.
Tony Paliometros TDBA Tony's
Concessions,
Defendant
Civil Action - Law
Case No. 99-3124
JURY TRIAL DEMANDED
COMPLAINT
1.
The Plaintiff is Janice E. Spoonire, a sui juris adult,
maintaining a residence at 1701 Castle Hill Road, Hagerstown,
Washington County, Maryland 21742.
2.
The Defendant is
and doing business as
place of business c/o
Resources, Department
Park, 1100 Pine Grove
Pennsylvania 17324.
Tony Paliometros, a sui juris adult trading
Tony's Concessions, with its principal
Department of Conservation and Natural
of State Parks, Pine Grove Furnace State
Road, Gardners, Cumberland County,
3.
All facts relevant to this concern occurred in Cumberland
County, Pennsylvania.
4.
On or about August 17, 1997, Janice E. Spoonire hereinafter
referred to as "Spoonire" rented a catamaran style pontoon boat
2
from Paliometros and/or his agent or employee.
5.
The pontoon boat consisted of two long tubular floatation
devices joined at the middle by metal construction including two
yellow seats and paddles.
6.
Paliometros or his agent or employee advised Spoonire and
her female co-participant that the boat was suitable and safe for
the two occupants.
7.
Shortly after entering the boat in question, the boat took
on water at a rapid pace.
8.
Shortly thereafter, the boat flipped backwards propelling
and/or expelling Spoonire from the boat.
9.
Spoonire was struck in the head by the boat while being
thrown out.
i0.
Spoonire spent a significant amount of time trying to get
out of the water.
11.
Spoonire lost her glasses in her fall.
3
12.
Spoonire suffered physical. injuries as a result of the
incident, including but not limited to, severe bruising and soft
tissue injuries in her lower back and legs. See attached photos.
13.
Spoonire has had to incur significant expenses for medical
treatment.
14.
Spoonire has been caused to see numerous physicians and
physical therapists for diagnosis, treatment and rehabilitation.
15.
Spoonire has been caused to suffer continuing discomfort,
and both physical and emotional distress as a result of the
incident in question.
16.
Spoonire has lost a significant sum of money as a result of
her inability to maintain employment as a result of the incident.
COUNT I
NEGLIGENCE - SPOONIRE V. PALIOMETROS
17.
As a duly authorized invitee of Tony Paliometros, Spoonire
was properly permitted to be on Paliometros, premises and within
his boat at the time of the incident.
4
18.
As a paying customer of Paliometros, Spoonire was owed a
duty of care by Paliometros including, without limitation,
ensuring that any boat rented to Spoonire was appropriately
built, designed, maintained, repaired and drained, etc., to hold
someone of Spoonire's size and that she was properly instructed
as to how to enter and operate said boat.
19.
Paliometros breached his duty of care owed Spoonire by
renting to Spoonire a boat that had not been properly drained
and/or maintained, and/or was not in the proper condition
suitable for a person of Spoonire's size and by failing to
educate Spoonire about entry to and operation of said boat.
20.
Paliometros' negligence was a direct and proximate cause of
Spoonire's injuries including, but not limited to, physical
injuries, pain and suffering, loss of earning capacity, loss of
wages, incidental damages and emotional distress damages.
WHEREFORE, it is requested that this Honorable Court enter a
judgment in favor of. Spoonire and against Paliometros in an
amount in excess of $25,000.00.
Respec ully submitted,
gy; h-2) i
Stephen D. Ku la, Esquire
5
VFRIFICATIOI?I
I verify that the statements set forth in the above document
are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made
subject to the penalties of 16 Pa. C.S.A. § 4904, relating to
unsworn falsification to authorities.
Date: June mss, 1999 ?j?Ll.GC
Janice E. S oonire
6
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Janice E. Spoonire, CIVIL ACTION - LAW
Plaintiff,
V.
Case No.: 99-3124
Tony Paliometros TDBA Tony's
Concessions,
JURY TRIAL DEMANDED
Defendant.
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, TONY PALIOMETROS,
T/D/B/A TONY'S CONCESSIONS, in the above-captioned matter.
MARSHALL, DENNEHEY, WARNER,
COLEMAN AND GOGGIN
BY.
ROBERT G. HANNA, JR., Q.
I.D. # 17890
100 Pine St., 4w Floor
Harrisburg, PA 17108
(717) 231-3761
Dated: I -) `f - 9 5
CERTIFICATE OF SERVICE
I, Robert G. Hanna, Jr., Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this day of V-L , 1999, served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Stephen D. Kulla, Esquire
KULLA & WEISBROD, PC
9 East Main Street
Waynesboro, PA 17268-1633
i
Robert G. Hanna, Jr.,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Janice E. Spoonire, Civil Action - Law
Plaintiff.
V.
Tony Paliometros TDBA Tony's
Concessions,
Defendant
Case No. 99-3124
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
I, Stephen D. Kulla, Esquire, an adult individual over the age
of eighteen, hereby certify that I served a Complaint dated June
25, 1999 upon Tony Paliometros via Certified Mail - Restricted
Delivery - Return Receipt Requested service on July 15, 1999.
Dated: July 1999 ( i--? (?)"
Step en D. Kulla, Esquire
T
SENDER: I also wish to receive the follow-
p Complete Items t o
additional services. ing a9rvlCee (IOf an extra fee):
.
'. a. and 4b.
Complete Items nd eb.
e
,
.
Print your name and
and address on the ravaree of me brtn so that we can velum IMa .
card
to you. 1. ? Addressee's Address
h
this f
b Attach this lone to the Iront of the mallp'sce, or on the beck if space dose not
permit.
O WMe 'Return Receipt ReOuested'on the mailosee below the article number. Cw,? Restdded Delivery
% Restricted
/ `
ep M The Return Receipt wte show to whom the artlde was delivered and the date
;. p delivered.
3. Article Addressed to: 4a. Atliele N bar
fart PetUOmIffYv'OS
T? ?UrnQ?'..? -0b. Service Type ```?G`
l? I n C-? r0 U 0 Registered D?cetRied
GU inc l r p cJ p Express Mail /O IInsru
p Return Receipt for Merchandise 000D?
?tD-YCcrierS PA 7. Date of Delivery
5, Received By: (Print Name) 8. Addressee's Address (Only if raquesfed and .
lee is paid)
B. SIg Addrea °r' . RESTRICTED
P roRm3S'. acerrlber 1994 1azsa5-qF*0a ;; "M m Receipt -
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Janice E. Spoonire, Civil Actioli - Law
Plaintiff
V. Case No. 99-3124
Tony Paliometros TDBA Tony's
Concessions,
Defendant JURY TRIAL DEMANDED
VERIFICATION OF SERVICE
I, Stephen D. Kulla, hereby certify that I served a true and
correct copy of Plaintiff's Complaint, filed in the captioned
matter, upon the Defendant, Tony Paliometros, by mailing a copy
of same Certified Mail, Restricted Delivery, Return Receipt
Requested, to the last known address of the Defendant, 498 East
Mifflin Street, Lebanon, Pennsylvania. The Return Receipt has
been received by me purportedly bearing the signature of Anthony
Paliometros and showing delivery of the said true and correct
copy of the complaint on July 12, 1999. The Return Receipt for
Certified Mail is attached hereto.
I verify that the statements made in this verification of
Service are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.A. 54904,
relating to unsworn falsification to authorities.
Q ?' &
Date: L1 1C?'n
??' ?' / Stephen D. Kulla,
AJJ Attorney for Plaintiff
Mks;.
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I also wish to twelve the follow.
1 arMror 2 for addalcrwl amvtcos. Ina serAces (for an extra tee):
3, 4a, and 4b.
and address on the we" of INS form o that
we
to the h0hl of the M111110011, or on the bark a We
rce/Pt Ra4uesf tWM the mallplaa below ft
dpi We slaw to whom ar and* was deliyprw
TOngi PC?(C>rr)-,- nS
t4a$ Er mi?'?'(_OSt-
Lcbar)on PA
PS
can return this
t• O,Addressee'sAddress
admmt Z• estdctedDellvery
e number.
W the date
4a. Art IGe JJUrrtber
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40.
Servic
e Type
? Registered
? Express Mall ? Insured
? Return Receipt for Merchandise f] DOD
7. Date of Delivery
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3. Addressee a Addtess(Dnty1freq y?
lee is paid) elid
10.2595-0e9.e223 Donwetlc Return Recblpt
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JANICE E. SPOONIRE,
Plaintiff,
CIVIL ACTION - LAW
CASE NO.: 99-3124
V.
TONY PALIOMETROS, T/D/B/A
TONY'S CONCESSIONS,
Defendant.
JURY TRIAL. DEMANDED
PIZAECIPE FOR DISCONTINUANCE
TO THE PROTHONOTARY:
Please mark the above captioned matter settled, ended and discontinued with prejudice.
KULLA & WEISBROD
DATE: 9) W-9I BY:- SO C) '-?
Stephen D. Kulla, Esquire
9 East Main Street
Waynesboro, PA 17268-1633
DISCONTINUANCE
AND NOW, this day of t,'? 1 1999, upon consideration of the
foregoing Praccipe, the above-referenced matter is hereby marked settled, ended and
discontinued with prejudice.
BY THE PROTHONOTARY:
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