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Home My WebLink About01-6039/PMM/CLA/tld//ComplaintO.etober 18, 2001 9:25 AM SARA ANN McKINESS, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL and MADHU D. PATEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o,- CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE YOU HA VE 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. Court Administrator 4th Floor Cumberland County Court House Carlisle, PA 17013 717-240-6200 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 SARA ANN McKINESS, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL and MADHU D. PATEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW JURY TRIAL DEMANDED COMPLAINT 1. Sara Ann McKiness is an adult individual residing at P.O. Box 404, Waverly, West Virginia, 26184. 2. Kanti Patel is the executor for the estates of Dayubhai R. Patel and Madhu D. Patel, residing at 6 Carothers Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about December 29, 1999, at approximately 6:42 p.m. Plaintiff, Sara Ann McKiness, was a passenger in a 1990 Pontiac Bonneville driven by Vincent Ferrante and owned by Patricia Ferrante, traveling North on Interstate 81 at the Enola/Maysville Exit, Cumberland County, Pennsylvania. 4. On or about December 29, 1999, at approximately 6:42 p.m. Defendant's decedent Madhu Patel, was operating a 1992 Honda Accord southbound on Interstate 81 near the Enola/Marysville Exit, Cumberland County, Pennsylvania. 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 1711 O-1223 5. Defendant's decedent Dayubhai Patel, was a passenger in the vehicle with Madhu Patel, and was the owner of the vehicle. 6. Defendants' decedent Madhu Patel, lost control of her vehicle, traveled across 3 southbound lanes, and struck the concrete barrier. 7. Decedent's vehicle then w~nt into a spin and traveled into the northbound lane, at which point it was struck by the vehicle in which Plaintiff, Sara Ann McKiness was a passenger. 8. The weather was clear and the road surface was dry at the time of the accident. 9. The foregoing accident and all of the injuries and damages set forth hereinafter are the direct and approximate result of the negligent, careless, reckless manner in which Defendant's decedent, Madhu Patel, drove her vehicle in that she: (a) Failed to have the vehicle under proper and adequate control. (b) Failed to stay in her lane of traffic. (c) Failed to keep her vehicle on the traveled roadway. (d) Operated her vehicle at a time when she was physically or mentally incapable of controlling same. Failed to pay attention to traffic and roadway conditions. Operated her vehicle at an unsafe and excessive rate of speed. Operated her vehicle in a dangerous and erratic manner so as to cause it to leave (e) (f) (g) the roadway. (h) Operated her vehicle without due regard for the rights, safety, well being, and position of Plaintiff under the aforesaid circumstances. 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 5~?-1-$ 10. As a result of said accident, Plaintiff, Sara Ann McKiness, suffered serious bodily injury including, but not limited to: (a) Nondisplaced fracture of the right sacral ala. (b) Fracture of the right and left superior and inferior pubic rami. (c) Constipation. (d) Damaged teeth. (e) Edema to left side of face. (f) Bruise to left eye. (g) Scalp ecchymosis. 11. As a result of said accident, plaintiff, Sara Ann McKiness, suffered the following additional damages, all of which may be permanent in nature: (a) Pain and suffering. (b) Unreimbursed medical expenses. (c) Loss of wages. (d) Loss of earning capacity. (e) Loss of life's pleasures. (f) Scarring and disfigurement. 12. As a result of the aforementioned negligence plaintiff Sara Ann McKiness suffered a disruption in her daily habits and pursuits and loss of enjoyment of life. 13. At the time of the accident decedent Madhu Patel was acting as the agent, servant or employee of decedent Dayubhai Patel or was acting in joint concert with him on a common mission to the benefit of both. 291 ? NORTH FRONT STREET. HARRISSURG, pENNSYLVANIA 17110-1223 I-1-8 14. At the time of the accident, Plaintiff Sara Ann McKiness was a resident of the State of Illinois and is therefore deemed to have "full tort" status. 'nst Defendant in an amount in excess of WHEREFORE, Plaintiff demands judgment agra this County's mandatory arbitration limits plus the cost of this action and any other relief that this Court deems just and proper. Date: Respectfully Submitted, SMIGEL, ANDERSON & SACKS ~Esquire I.D. #: 84746 C. Lee Anderson I.D.#: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for plaintiff 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 5647Ao8 VERIFICATION contained in the foregoing Complaint are I, Sara McKiness, verify that the statements true and correct to the best of my knowledge, information and belief. I understand:that false statements therein are made subject to the penalties of 18 pa.C.S. §4904, relating to unsworn falsification to authorities. Date: SHERIFF'S RETURN - REGULAR CASE NO: 2001-06039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKINESS SARA A/qN VS PATEL KANTI EXECUTOR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATEL KANTI EXECUTOR ESTATES OF DAYUBHAI & MADHU PATEL the DEFENDANT , at 2052:00 HOURS, on the 29th day of October , 2001 at 6 CAROTHERS CIRCLE MECHANICBSURG, PA 17055 KANTI PATEL a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.20 Affidavit .00 Surcharge 10.00 .00 33.20 Sworn and Subscribed to before me this ~ day of ~ ~-~'o ! A.D. ' ~rothonotary So Answers: R. Thomas Kline 10/30/2001 SMIGEL ANDERSON SACKS Deputy Sheriff JOHN IVAN SMITH : Appellant : V. : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, : Appellee : hearing, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6139 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of January, 2002, the action of the Department in suspending the Appellant's operating privileges for failing to give two after By the Court, Edward E. Guido, J. ~eorge Kabusk, Esquire For the Com~onwealth ~ Ivan Smith, Pro se 17 Umberto Avenue New Cumberland, PA 17070 It and the appeal is dismissed. for a violation of Section 3731 of the Vehicle Code is sustained, consecutive breath samples after having been placed under arrest JOH~ IVAN SMITH : Appellant : V. : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6139 CIVIL TERM IN RE: AMENDMENT ORDER OF COURT AND NOW, this 25th day of January, 2002, the caption in this matter should be amended to provide John Ivan Smith, Appellant, versus Bureau of Driver Licensing, Commonwealth of Pennsylvania Department of Transportation, Appellee. By the Court, Edward E. Guido, J. FGeorge Kabusk, Esquire or the Commonwealth /ohn I. Smith, Pro se 7 Umberto Avenue New Cumberland, PA 17070 it ~ I :6 NY O~ N~J" ~0 VINCENT J. FERP~ANTE, Plaintiff IN THE COURT OF COMMO CUMBERLAND COUNTY, PE v. : NO. 01-5875 CIVIL TE~-~ : KANTI PATEL, EXECUTOR OF : THE ESTATES OF DAYUBHAI : PATEL and MADHU D. PATEL, : Defendant : ORDER OF COURT A/~D NOW, this 19th day of March, 2002, upon consideration of Defendant's Petition for Court Approval of the Disposition of InsUrance Proceeds, and after having a hearing thereon, it is hereby ordered that Defendant's Petition is GRANTED. Insurance Group Defendant's insurance (hereinafter "Erie") , carrier, the Erie is hereby ordered to issue a settlement draft made payable to Vincent J. Ferrante and the law firm of Smigel, Anderson & Sacks in the amount of $7,500.00. Erie is hereby ordered to issue a settlement draft made payable to Sara Ann McKiness and the law firm of Smigel, Anderson & Sacks in the amount of $92,500.00. Erie is hereby ordered to issue a settlement draft made payable to Ralph Peters and the law firm of Liever, Hyman & Potter in the amount of $100,000.00. Erie is hereby ordered to issue a settlement draft made payable to Kanti Patel as guardian of Arti D. Patel in the amount of $50,000.00. Erie is hereby ordered to issue a settlement draft made payable to Kanti Patel as guardian of Ankit D. Patel in the amount of $50,000.00. It is further ordered that Defendant and Erie are hereby relieved of making any further payments to any alleged claimants for the automobile accident which occurred on December 29, 1999. Defendant and Erie are hereby relieved of any further financial responsibility with regard to the accident of December 29, 1999. A copy of this Order shall also'be filed at Docket Nos. 01-6039, 01-7140, and 01-7166. By the Court, Edward E. Guido, J. C. Lee Anderson, Esquire 2917 North Front Street Harrisburg, PA 17110 Theresa M. Mullaney, Esquire 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Donald F. Smith, Jr., Esquire P.O. Box 782 Reading, PA 19603-0782 John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108 srs /PMM/tld//PRAECIPE TO DISC. ONTiNUEMarch 22, 2002 10:34 AM SARA ANN McKINESS, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL AND MADHU D. PATEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6039 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned action with prejudice. SMIGEL, ANDERSON & SACKS Date: ~/2 ~/o~ Pete M Mc}nismith, Esquire I.D. #: 84746 C. Lee Anderson, Esquire I.D.#: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 5647-1-8 SARA ANN McKINESS, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL AND MADHU D. PATEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6039 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Pete M. Monismith, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 22~-~ day of /*~/a ,-~1~ , 2002: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 SMIGEL, ANDERSON & SACKS Date: Pete M. Monismith, Esquire I.D. #: 84746 C. Lee Anderson, Esquire I.D.#: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff