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HomeMy WebLinkAbout99-04135'a; i C)i- (vf .:"4•S, r: iY' t+?, ?f;iii ' r;at; d; t? ?:.r:l. {a oy `.'%? ;;j' " in !;'N W qr i,vE '":'t: li="j 1,::? `'?',.{ >°!'? ii 4?? Z: GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 Attorney for Plaintiffs The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 TAMARA DUNNING and EUGENE DUNNING, husband and wife 22 Ivy Terrace Road Carlisle, PA 17013 Plaintiffs VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAWnn NO. 99 -'?/??? l'?o" L KENNETH L. COMP 34 Oakwood Drive Newport, PA 17074 Defendant NOTICE TO DEFEND 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. COURT ADMINISTRATOR Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 TAMARA DUNNING and EUGENE DUNNING, husband and wife 22 Ivy Terrace Road Carlisle, PA 17013 Plaintiffs VS. KENNETH L. COMP 34 Oakwood Drive Newport, PA 17074 Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 9 9 y/ 35 04?V ?-w~ COMPLAINT Plaintiff Tamara Dunning is an adult individual who resides at 22 Ivy Terrace Road, Cumberland County, Carlisle, Pennsylvania 17013. 2. At all times material hereto, Defendant Kenneth L. Comp was an adult individual residing at 34 Oakwood Drive, Newport, Cumberland County, Pennsylvania 17074. COUNT ONE - NEGLIGENCE Eugene Dunning vs. Kenneth Coma 3. Paragraphs 1 through 2 of this Complaint are incorporated herein by reference as if set forth at length. 4. On or about July 21, 1997, at or about 8:17 p.m. Plaintiff Tamara Dunning, a front seat passenger in a 1994 Ford Explorer, was traveling northbound on McClures Gap Road. 5. At said time and place, Defendant Kenneth L. Comp, was operating a 1985 Chevrolet Silverado, which was traveling eastbound on Willow Grove Road when he pulled out from a stop sign and collided with Plaintiff Eugene Dunning's vehicle. 6. Defendant Kenneth L. Comp, acted with a gross and reckless indifference to the rights and safety of others, including Plaintiff Tamara Dunning, and was reckless, negligent and careless in the operation of said motor vehicle for the following reasons which include, but are not necessarily limited to: a. failure to properly operate, manage and control said motor vehicle; b. disregarding the rights, safety and position of other persons on the road, including Plaintiff Tamara Dunning; c. failure to operate said motor vehicle with due care for the rights and safety of Plaintiff Tamara Dunning; d. failure to keep a proper lookout; e. failure to abide by the statutes of the Commonwealth of Pennsylvania enacted for the protection of persons, such as Plaintiff, including 75 P.S. §3731 and 3323; failure to stop in time to avoid a collision with the Plaintiffs vehicle; g. failure to control the vehicle in a reasonable and prudent fashion; h. recklessly attempting to operate a motor vehicle at a time when Defendant was not physically capable of operating a motor vehicle; operating, steering and controlling the vehicle in a reckless, negligent and careless manner; j. failure to avoid the occurrence complained of; k. failure to observe the roadway and/or the vehicles thereon; failure to remain alert at the wheel; in. recklessly operating said motor vehicle at an inappropriate and/or excessive rate of speed under the circumstances; n. recklessly operating said motor vehicle with a blood alcohol content in excess of the legal limit; and o. negligence per se. As a direct and proximate result of Defendant Kenneth L. Comp's recklessness, negligence and carelessness and not due to any act or failure to act on the part of Plaintiff Tamara Dunning, said Plaintiff endured great pain and suffering, as a result of injuries as described herein. 8. Plaintiffs injuries include, but are not limited to: cervical and thoracic pain/strain/stiffness in her left arm, decreased cervical range of motion, inability to sleep through the night, difficulty sitting or working at a desk, and difficulty with performing personal grooming habits, some or all of which are or may be permanent in nature. 9. As a direct and proximate result of Defendant Kenneth L. Comp's recklessness, negligence and carelessness Plaintiff Tamara Dunning has been in the past, and may continue to be in the future, unable to attend to her usual habits, customs, vocations and enjoyment of life. 10. As a direct and proximate result of Defendant Kenneth L. Comp's recklessness, negligence and carelessness Plaintiff Tamara Dunning has been in the past, and may continue to be in the future, required to undergo medical treatment and procedures. 11. As a direct and proximate result of Defendant Kenneth L. Comp's, recklessness, negligence and carelessness Plaintiff Tamara Dunning has been in the past, and may continue to be in the future, required to expend various sums of money for medicine and medical treatment and procedures as a result of her injuries. 12. As a direct and proximate result of Defendant Kenneth L. Comp recklessness, negligence and carelessness Plaintiff Tamara Dunning has been unable to attend to some or all of her occupations and, therefore, has in the past and may in the future continue to suffer a loss of income and/or loss of earning capacity. 13. Plaintiff Tamara Dunning is entitled to recover under the full tort provision of Title 75 Pa. C.S. § 1701 et seq. WHEREFORE, Plaintiff Tamara Dunning hereby demands judgment in her favor and against Defendant Kenneth L. Comp, in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule in compensatory damages, plus punitive damages, for Defendant's outrageous misconduct and reckless indifference to Plaintiff Tamara Dunning's, rights and safety, plus costs and interest. COUNT H - LOSS OF CONSORTIUM Eu2ene Dunning vs. Kenneth Comp 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as if set forth at length. 4 15. Asa direct and proximate result of the injuries to Plaintiff Tamara Dunning, Plaintiff Eugene Dunning, has been and may continue to be compelled to expend monies for medical treatment and medicines in an effort to cure his wife. 16. As a direct and proximate result of the injuries to Plaintiff Tamara Dunning, Plaintiff Eugene Dunning, has been and/or may be compelled to expend monies for hiring help to perform the duties of the household previously performed by his wife. 17. As a direct and proximate result of the injuries to Plaintiff Tamara Dunning, Plaintiff Eugene Dunning, has been and may continue to be deprived of his wife's aid, comfort, society, companionship and affection. 18. As a direct and proximate result of the injuries to Plaintiff Tamara Dunning, Plaintiff Eugene Dunning, has suffered and may continue to suffer from his wife's loss of earnings and/or earning capacity, and may in the future suffer from her loss of earnings and/or earning capacity. WHEREFORE, Plaintiff Eugene Dunning hereby demands judgment in his favor and against Defendant Kenneth Comp, in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule plus costs and interest. GRAHAM& MAUER, P.C. By: --1 Ronald it Attorney Date: July 7, 1999 5 VERIFICATION I, Ronald M. Graham, Esquire, hereby state that I am the attorney for the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. I am authorized to take this verification in this absence of my client. Date: July 7, 1999 UC_i r 1? it O CN d1 v r] J ) tO? l? (r I T1 .7 Q U IN GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 TAMARA DUNNING and EUGENE DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4135 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in the Complaint in the above captioned matter. GRAHAM& MAUER, P.C. 1 By: Ronal M. sham, Esquire Attorney for Plaintiffs Date: July 9, 1999 VERIFICATION I, Tamara Dunning, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: TAMARA DUNNDNG ti cL Q? tz C FL Lk- CU m 7 rn U J GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4136 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in the Complaint in the above captioned matter. GRAHAM& MAUER, P.C. 1 By: Y -- Ronald 91. sham, Esquire Attorney for Plaintiffs Date: July 9, 1999 4W w VERIFICATION I, Eugene Dunning, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,WdEA DUN CN, y 1- ? '.l.l ? U A TAMARA DUNNING AND EUGENE DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION -AT LAW JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Kenneth L. Comp, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER By: 1/ ?? 4 Matth w R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 201^ day of July, 1999, 1 hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 4// Matthe R. Gover Esquire t'. crx _?.J N a O 0 2 R 0 ° 0 W < = n O H f^ LL J m N 2 V O Q CO J u UI I w Z o Z m i Q N N O W J N 0 w a a w( w Y 1}L 4 (9 I G f D m Z s _ O N M rc 0 I nvcum•mnuo -ox wvm san io xarsmw v Iron 3msna TAMARA DUNNING AND : IN THE COURT OF COMMON PLEAS EUGENE DUNNING, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. : NO. 99-4135 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED NOTICE TO PLEAD T0: Tamara Dunning and Eugene Dunning, and their attorney, Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER By. Mafth w R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 TAMARA DUNNING AND : IN THE COURT OF COMMON PLEAS EUGENE DUNNING, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Kenneth L. Comp, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer: 1. - 2. Admitted. COUNT ONE - NEGLIGENCE EUGENE DUNNING VS. KENNETH COMP 3. Paragraphs 1 through 2 of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference thereto. 4.-7. Denied pursuant to Pa.R.Civ.P. 1029(e). 8.-13. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Kenneth Comp, respectfully request that the Complaint be dismissed with costs of this action. COUNT II - LOSS OF CONSORTIUM EUGENE DUNNING VS. KENNETH COMP 14. Paragraphs 1 through 13 of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference thereto. 15.-18. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Kenneth Comp, respectfully request that the Complaint be dismissed with costs of this action. NEW MATTER 19. Paragraphs 1 through 18 of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference thereto. 20. Plaintiffs' claims are barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Kenneth Comp, respectfully request that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER A/w d By Matth R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 2 VERIFICATION I, KENNETH L. COMP, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. KENNETH L. COMP- CERTIFICATE OF SERVICE AND NOW, this 'I yy day of July, 1999, 1 hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 A 14-olt Matthe R. Gover Esquire C'. N N ¢ co O 0 co a O a Q = n a J m N a o F f70 ua ?mm> J W i w I F M 2 Z O z N Z O4 0 0 W a d W m J Z a a < m p N 1 It Q S wnwim•eomim•vmm•nsum 'aewum a.i ?rxaarrrvsun.uwe rn ?o Maswa r awn 3iasn. I GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney for Plaintiffs Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 TAMARA DUNNING and COURT OF COMMON PLEAS EUGENE DUNNING, husband and wife Plaintiffs CUMBERLAND COUNTY, PA VS. CIVIL ACTION - LAW KENNETH L. COMP NO. 99-4135 Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 19. No response required. 20. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. Respectfully submitted, By: GRAHAM & MALWR, P.C. Ronald V. G4ahp , Esquire Attome for amtiffs Date: August 3, 1999 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 3rd day of August, 1999, a true and correct copy of Plaintiffs' Answer to Defendant's New Matter was mailed first class, postage prepaid to the following counsel of record: Matthew R. Grover, Esquire Nealon & Grover 301 Market Street - 9" Floor P.O. Box 865 Harrisburg, PA 19107-0865 GRAHAM & MAUM P.C. By: Ronald MgGralafn, Esquire Attorney r Pl intiffs VERIFICATION I, Tamara Dunning, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: <'?' 11 Z-M VERIFICATION I, Eugene Dunning, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: `b I Z fi ENE D G? r7 C. l r ; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNNING TAMARA ET AL VS. COMP KENNETH L R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: COMP KENNETH L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On July 29th 1999 this office was in receipt of the attached return from PERRY ' County, Pennsylvania. Sheriff's Costs: So ans s: Docketing 18.00 Out of County 9.00 ??yL Surcharge 8.00 Dep Perry Cc 29.60 omas in e i ,$Z .= GRI?HAI? & MAUER 07/29/1999 Sworn and subscribed to before me this 0 day of r Eugene & Tamara Dunning IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH Versus Kenneth L. Comp No. 99-4135 SHERIFF'S RETURN And now July 27 , 1999 : Served the within name Kenneth L. Comp the defendant(s) named herin, personally at the place of residence in Bloomfield Boro Perry County, PA, on July 27, 1999 at 8:15 o'clock AM by handing to Kenneth L. Comp an adult member of family 1 true and attested copy(iss) of the within Complaint and made known to him the contents thereof Swom and subscribed to before me this day of T 4 , 1999 G NOTARIAL SEAL Yy KAREN A. EARCLAY, Nerory Public MewnaeW Boro, Perry County, PA My Commiuion Expires June 19, 2000 So answers, 1'P-1'Y Sheriff of Perry County In The Court of Common Pleas of Cumberland County, Pennsylvania Tamara Dunning, et. al. VS. Kenneth L. Comp No. 99-4135 Civ Now, 7 / 7 / 9 9 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. shenff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this_ day of , 19 19_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA S GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 TAMARA DUNNING and EUGENE DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4135 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this matter SETTLED, DISCONTINUED and ENDED. Date: July 24, 2000 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on this 24th day of July, 2000, a true and correct copy of Plaintiffs' Praecipe to Settle, Discontinue and End was mailed first class, postage prepaid to the following: Matthew Gover, Esquire Nealon & Gover 301 Market Street - 9" Floor P.O. Box 865 Harrisburg, PA 19107-0865 By: GRAHAM & MAUER ?.: _, GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4136 PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this matter SETTLED, and ENDED. Date: July 24, 2000 z CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of July, 2000, a true and correct copy of Plaintiffs' Praecipe to Settle, Discontinue and End was mailed first class, postage prepaid to the following: Matthew Gover, Esquire Nealon & Gover 301 Market Street - 9" Floor P.O. Box 865 Harrisburg, PA 19107-0865 By: 4r