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GORDON & BALES, P.C.
BY. TODD M. BALES, ESQUIRE
IDENTIFICATION NO.: 64-465
801 OLD YORK ROAD, STE. 313
JENKINTOWN, PA 19046
(215) 884-4000
NICHOLAS TSAMIS
208 Delaware Avenue
Wind Gap, PA 18901-1264
VS.
MARIANNE McGUIRE
2649 Brighton Drive
Bath, PA 18016
and
RICHARD RAYMOND DRIES
626 West George Street
Pen Argyl, PA 18072
(CONTINUED ON NEXT PAGE)
ATTORNEY FOR PLAINTIFF
NICHOLAS TSAMIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. GI - `yklll C-U?
CIVIL ACTION--COMPLAINT
ifall?laL
You have been sued in court. If you wish to defend
against the claims set forth int he following pages,
you must take action within twenty (20) days after
this complaint and notice are serval, by entering a
written appearance personally or by attorney and
filing in writing with the court your defense 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 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.
AVISO
Le han demandado a usted en la oorte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dies de pla o al partir
de Is fecha de la demands y Is notifiacion. Race falta
a sentar una comparencia escrita 0 on persons o con un
abogado y entregar a la oorte en forma escrits sus
defenses o sus objeciones a las demandas en antra de
su persona. Sea a visado que si usted no se defiende,
la corte tomara medidas y puede continuar la dam-ads
en contra su a sin previo aviso o notifiacion Ademas,
la cone puede decidir a favor del demandante y require
que usted cumpla con todas las provisions de esta
demands. Usted puede perch dinero o sus pmpiedsdes
o oslros de rechos importantes pate usted.
LLEVE ESTA DEMANDA A UN ABOGADO IN
MEDIA LAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DINERO SURCINNTE DE PAGAR
TAL SERVICIO. VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRTTA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTANCIA LEGA.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166 or 1 800 990 9108
or
G1]>i?ttYe
(CONTINUED FROM PREVIOUS PAGE)
NANCY J. HAMMERSTEIN
626 West George Street
Pen Agyl, PA 18072
r
GORDON & BALES, P.C.
BY: TODD M. BALES, ESQUIRE
Attorney I.D. Number 64465
801 Old York Road
Suite 313 Noble Plaza
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
208 Delaware Avenue
Wind Gap, PA 18091-1264
ATTORNEY FOR PLAINTIFF
NICHOLAS TSAMIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TRIAL DIVISION
V.
MARIANNE McGUIRE
2649 Brighton Drive
Bath, PA 18016
and
RICHARD RAYMOND DRIES
626 West George Street
Pen Argyl, PA 18072
No. 99- y € 11 e ", d ``-
and
NANCY J. HAMMERSTEIN
626 West George Street
Pen Argyl, PA 18072
CIVIL ACTION-COMPLAINT
1. Plaintiff, NICHOLAS TSAMIS, is an adult individual
residing at 208 Delaware Avenue, Wind Gap, Pennsylvania, 18091-
1264.
2. Defendant, MARIANNE McGUIRE, is an adult individual
residing at 2649 Brighton Drive, Bath, Pennsylvania, 18016.
3. Defendant, RICHARD RAYMOND DRIES, is an adult
individual residing at 626 West George Street, Pen Argyl,
Pennsylvania, 18072.
4. On or about August 19, 1997, defendant, Marianne
McGuire, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident hereinafter
described.
5. On or about August 19, 1997, defendant, Nancy J.
Hammerstein, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident hereinafter
described.
6. On the above date at approximately 5:10 p.m.,
plaintiff, Nicholas Tsamis, was a front-seat passenger in a vehicle
owned by defendant, Nancy J. Hammerstein, and operated by
defendant, Richard Raymond Dries. Said vehicle was traveling in a
southerly direction along Route 512 in Plainfield Township, when it
signaled and made a left-hand turn into a parking lot. Suddenly
and without warning the vehicle in which plaintiff was traveling
was struck in the rear by a vehicle owned and operated by
defendant, Marianne McGuire. As a result of the strong impact,
plaintiff, Nicholas Tsamis, sustained serious and permanent
personal injuries hereinafter more particularly described.
COUNT I
NICHOLAS TSAMIS v. MARIANNE McGUIRE
7. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 5 of this Complaint as though
same were fully set forth herein at length.
S. The negligence, recklessness and carelessness of
defendant, Marianne McGuire, causing injuries to plaintiff,
Nicholas Tsamis, consisted of:
a. Operating said motor vehicle at a high and
excessive rate of speed under the circumstances;
b. Failing to have said vehicle under proper and
adequate control at the time of the accident;
C. Failing to give proper and sufficient warning
of the approach of said vehicle;
i
d. Operating said vehicle without due regard for
the rights, safety and position of the said plaintiff at the point
aforesaid; and,
e. With the motor vehicle in which plaintiff was
traveling in plain view, failing to exercise due care and vigilance
in the operation of the same vehicle so as to avoid plaintiff who
was then and there lawfully riding in the motor vehicle upon the
said highway.
9. As a result of the aforesaid actions and the
negligence, recklessness and carelessness of defendant, Marianne
McGuire, plaintiff, Nicholas Tsamis, sustained serious and
permanent personal injuries, including, but not limited to,
i
cervical radicular neuralgia, lumbar sprain and strain with
intervertebral disc thinning, moderate lumbar hyperlordosis, and
degenerative disc changes at C5-6, C6-7, T10-11 and T11-12, as well
as severe shock to his nerves and nervous system, by reason of
which the said plaintiff has been rendered sick, sore, lame and
disabled, and as a result of which he has suffered, does suffer and
will continue to suffer for an indefinite period of time in the
future.
10. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has undergone great physical pain and
mental anguish, and he will continue to endure the same for an
indefinite period of time in the future, to his great detriment and
loss.
11. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has been compelled to expend various
and diverse sums of money for medications, medical care, and
treatment in and about an effort to cure himself of the ills and
injuries which he sustained, and he will be obliged to continue to
expend such sums for an indefinite period in the future.
12. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has or may suffer a severe loss of his
earnings and impairment to his earning capacity and power.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
COUNT II
NICHOLAS TSAMIS v. RICHARD RAYMOND DRIES
13. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 12 of this Complaint as though
same were fully set forth herein at length.
14. The negligence, recklessness and carelessness of
defendant, Richard Raymond Dries, causing injuries to plaintiff,
Nicholas Tsamis, consisted of:
a. Operating said motor vehicle at a high and
excessive rate of speed under the circumstances;
b. Failing to have said vehicle under proper and
adequate control at the time of the accident;
C. Failing to exercise due caution when performing
a left-hand turn; and,
d. Operating said vehicle without due regard for
the rights, safety and position of the said plaintiff at the point
aforesaid.
15. As a result of the aforesaid actions and the
negligence, recklessness and carelessness of defendant, Richard
Raymond Dries, plaintiff, Nicholas Tsamis, sustained serious and
permanent personal injuries, including, but not limited to,
cervical radicular neuralgia, lumbar sprain and strain with
intervertebral disc thinning, moderate lumbar hyperlordosis, and
degenerative disc changes at C5-6, C6-7, T10-11 and T11-12, as well
as severe shock to his nerves and nervous system, by reason of
which the said plaintiff has been rendered sick, sore, lame and
disabled, and as a result of which he has suffered, does suffer and
will continue to suffer for an indefinite period of time in the
future.
16. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has undergone great physical pain and
mental anguish, and he will continue to endure the same for an
indefinite period of time in the future, to his great detriment and
loss.
¦?
17. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has been compelled to expend various
and diverse sums of money for medications, medical care, and
treatment in and about an effort to cure himself of the ills and
injuries which he sustained, and he will be obliged to continue to
expend such sums for an indefinite period in the future.
18. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has or may suffer a severe loss of his
earnings and impairment to his earning capacity and power.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
COUNT III
NICHOLAS TSAMIS v. NANCY J. HAMMERSTEIN
19. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 18 of this Complaint as though
same were fully set forth herein at length.
20. On or about August 19, 1997, defendant, Nancy J.
Hammerstein, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident
hereinbefore described.
21. Defendant, Nancy J. Hammerstein, was negligent in
that she:
(a) Entrusted her motor vehicle to an individual who she
knew or should have known would operate said vehicle in a
negligent, reckless and/or careless manner;
(b) Failed to exercise due care under the circumstances;
and,
(c) Entrusted her vehicle in a wilful, wanton and
reckless manner displaying disregard for the safety of others.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
GO $ HALES, P.C.
TODD M. BALES, E QUIRE
Attorney for laintiff
Nicholas Ts **s
VERIFICATION
NICHOLAS TSAMIS hereby states that he is Plaintiff in the
within action, and verifies that the statements made in the
foregoing pleading are true and correct to the best of his
knowledge, information and belief. The undersigned understands
that the statements made herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unsw f sification to
authorities.
TSAMIS
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04811 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TSAMIS NICHOLAS
VS.
MCGUIRE MARIANNE ET AL
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: MCGUIRE MARIANNE
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of NORTHAMPTON County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On September 24th, 1999 , this office was in receipt of
the attached return from NORTHAMPTON County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 8.00 omas in 5 eri
Dep. Northampton 98.00
$133-.T0 GOADOI & BALES
09/24/1999
Sworn and subscribed o before me
this 1 - day of ,
1991 A.D.
C C.
Prot:115;16Uar
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04811 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TSAMIS NICHOLAS
vs.
MCGUIRE MARIANNE ET AL
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: DRIES RICHARD RAYMOND
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of _ NORTHAMPTON County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On September 24th 1999 this office was in receipt of
the attached return from NORTHAMPTON County, Pennsylvania.
Sheriff's Costs: So Zq
s:
Docketing 6.00
Out of County .00
Surcharge 8.00 aine S
eri
11 $T4-UII GORDON & BALES
09/24/1999
Sworn and subscribed to before me
this -Wt day of IIAIIE",
19 'l1 - A. D.
/1400 0
ro ono r
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04811 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TSAMIS NICHOLAS
vs.
MCGUIRE MARIANNE ET AL
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: HAMMERSTEIN NANCY J
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of NORTHAMPTON County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On September 24th, 1999 , this office was in receipt of
the attached return from NORTHAMPTON County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 6.00
Out of County .00
Surcharge 8.00 R7 I o as ine, 5 eri
rtL4-U0 GO DON & BALES
09/24/1999
Sworn and subscribed o before me
this dye day of Qw_
199q A.D.
fro ono a
C 10
ORDER FOR SERVICE REQUEST
TO BE COMPLETED BY THE REOUESTING ATTORNEY
1. All information from the attorney must be filled-in before will leave the property without a watchman mind in custody of
service can be made. whomever is found in possession, aft notifying the person
'
2. Prepare a separate Order for Service form for each defendant to the property is under a Sheriffs levy. The She
be served by the Sheriff. Deputy is not liable in any way for protecting property.
3. When completing location for service, be certain to have a 5. Service will be executed in accordance with Rule 402 and Title
valid address or directions. Do not use P.O. Boxes or RD. 231, Pennsylvania Rules of Civil Pro-edum
addressees only. Provide the township, if applicable. 6. The attorney must certify all copies of process.
4. When a Deputy Sheriff levys or attaches property, he or she 7. Supply a self-addressed stamped envelope for return of service.
PLAINTIFF:
NICHOLAS TSAMIS
DEFENDANT:
MARIANNE MCGUIRE, ET AL
SERVE UPON: LOCATON:
MARIANNE MCGUIRE
URYNNWXNXKNNXxn 2649 BRIGHTON DRIVE
TYPE OF WRIT: BATH, PA 18016
ATTORNEY (NAME,ADDRESS,PHONE) ATTORNEY SIGNATURE:
FOR PROTHONOTARY USE ONLY
DOCKET NUMBER: LAST DAY FOR SERVICE: FEES PAID:
99-4811 1 1 98.00
RETURN OF SERVICE To be completed by Sherif )
INDIVIDUAL SERVED:
/IIAKj,1^WF, /Ile gdiQG DATE:
1d TIME:
LOCATION: (IF DIFFERENT FROM ABOVE) () Boro f ()b
yof Township of:
?
,/o.4 eE
Served in the following manner: ( ) Officer of said defendant company
( ) Defendant personally served ( ) Posted property
( ) Adult family member with whom said defendant resides ( ) Levy on property
( ) Adult in charge of defendant's residence ( ) Other:
( ) Manager/Clerk of place of lodging in which defendant resides r1 Not Found Moved () No Answer () Vacant ( ) Unknown
/
ant oppqson in c e of do f office or usual la of business ?
O. 1AW # t2 r.?
SO ANS RS: JEFFREY K HAWBECKER
SHERIFF OFII AMPTON COUNTY I hereby deputise the Sheriff of County.
BY: to execute and make a return on the above and attached action according to law.
S Ea SHERIFF OF NORTHAMPTON COUNTY DATE
ACCEPTANCE OF SERVICE
I accept service of the on behalf of
and certify that I am authorized to do so.
NORT IAMPTON COUNTY SHERIFF'S DEPARTMENT
669 WASHINGTON STREET
EASTON, PA 18042-7483
(610) 559-3084
(610) 559.1785 (FAX)
(610) 559-3781 (REAL. ESTATE)
In The Court of Common Pleas of Cumberland County, Pennsylvania
Nicholas Tsamis
VS.
Marianne McGuire, et. al.
Serve: Marianne McGuire No. 99-9811 Civil
Now, 8/11/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northampton County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this _ day of 19
19_, at o'clock M. served the
copy of the original
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
GORDON do BALES, P.C.
BY. TODD M. BALES, ESQUIRE
IDENTIFICATION NO.: 6446S
801 OLD YORK ROAD, STE. 313
JENKINTIOWN, PA 19046
(215) 884-4000
NICHOLAS TSANIS
208 Delaware Avenue
Wind Gap, PA 18901-1264
VS.
MARIANNE McGUIRE
2649 Brighton Drive
Bath, PA 18016
and
TRUE DOPY FR)OM REOORD
In Toftllnony whereof, I here urm fat my h"
, Pa.
is 6 t ?. ?fi? ?.2t Cefll 8 ZIL
A77IDRNAV PLAINTIFF
NICHOLAS S
. COURT OF COMMON PLEAS
. CUMBERLAND COUNTY
626HWest RAYMOND
eorge Street NO. qC(- 4(9 11 G?J?-LL
Pen Argyl, PA 18072
(CONTINUED ON NEXT PAGE)
CIVIL ACTION--COMPLAINT
You have been sued in court. If you wish to defend
against the claims set forth int he following pages,
you must take action within twenty (20) days after
this complaint and notice ate served, by entering a
written appearance %tsonally or by attorney and
fling in writing with the court your defense 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
i against you by the court without further notice for
any money claimed in the complaint or for any other
claim or relief requested by 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
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166 or 1 800 990 9108
AVISO
Le ban demandado a usted an la torte. Si usted quiem
defenderse de estas demaodas expuestas an las pagims
siguientes, usted time veinte (20) dies de pla o al partir
de Is fecha de Is damands y Is notifiacion. Hace falls
a sentar Una compamcia escrita o an persona o ton un
abogado y entregar a Is torte en forma eserita sus
defeosas o sus objeciooes a las demanders en contra de
so persona. Sea a visado qua si usted no se defiende.
Ia trrte tomara medidas y puede continuar Is demand,
en contra su a sin previo aviso o notifiacion Ademas,
Is corte puede decidir a favor del demandante y require
ted cumpla con codas las provisions de eats
3e;Za. Usted puede perder dinero o sus propiedades
0 ostras de rechos importantes pant usted.
LLEVE ESTA DEMANDA A UN ABOGADOIN
MEDIA LAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO. VAYA EN PERSONA O LAME
FOR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRrrA ABAIO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTANCIA LEGA.
FvrzTth P+a ar
se
9# X19-6 " 0
(CONTINUED FROM PREVIOUS PAGE)
NANCY J. HAMMERSTEIN
626 West George Street
Pen Agyl, PA 18072
k.
GORDON & BALES, P. C.
BY: TODD M. BALES, ESQUIRE
Attorney I.D. Number 64465
801 Old York Road
Suite 313 Noble Plaza
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
208 Delaware Avenue
Wind Gap, PA 18091-1264
ATTORNEY FOR PLAINTIFF
NICHOLAS TSAMIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TRIAL DIVISION
V.
MARIANNE McGUIRE
2649 Brighton Drive
Bath, PA 18016
and
RICHARD RAYMOND DRIES
626 West George Street
Pen Argyl, PA 18072
and
NANCY J. HAMMERSTEIN
626 West George Street
Pen Argyl, PA 18072
NO.
CIVIL ACTION-COMPLAINT
1. Plaintiff, NICHOLAS TSAMIS, is an adult individual
residing at 208 Delaware Avenue, Wind Gap, Pennsylvania, 18091-
1264.
y 2. Defendant, MARIANNE McGUIRE, is an adult individual
residing at 2649 Brighton Drive, Bath, Pennsylvania, 18016.
3. Defendant, RICHARD RAYMOND DRIES, is an adult
individual residing at 626 West George Street, Pen Argyl,
Pennsylvania, 18072.
4. On or about August 19, 1997, defendant, Marianne
McGuire, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident hereinafter
described.
5. On or about August 19, 1997, defendant, Nancy J.
Hammerstein, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident hereinafter
described.
6. On the above date at approximately 5:10 p.m.,
plaintiff, Nicholas Tsamis, was a front-seat passenger in a vehicle
owned by defendant, Nancy J. Hammerstein, and operated by
defendant, Richard Raymond Dries. Said vehicle was traveling in a
southerly direction along Route 512 in Plainfield Township, when it
signaled and made a left-hand turn into a parking lot. Suddenly
and without warning the vehicle in which plaintiff was traveling
was struck in the rear by a vehicle owned and operated by
defendant, Marianne McGuire. As a result of the strong impact,
plaintiff, Nicholas Tsamis, sustained serious and permanent
personal injuries hereinafter more particularly described.
COUNT I
NICHOLAS TSAMIS v. MARIANNE McGUIRE
• 7. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 6 of this Complaint as though
same were fully set forth herein at length.
8. The negligence, recklessness and carelessness of
defendant, Marianne McGuire, causing injuries to plaintiff,
Nicholas Tsamis, consisted of:
a. Operating said motor vehicle at a high and
excessive rate of speed under the circumstances;
b. Failing to have said vehicle under proper and
adequate control at the time of the accident;
C. Failing to give proper and sufficient warning
of the approach of said vehicle;
d. Operating said vehicle without due regard for
the rights, safety and position of the said plaintiff at the point
aforesaid; and,
e. With the motor vehicle in which plaintiff was
traveling in plain view, failing to exercise due care and vigilance
in the operation of the same vehicle so as to avoid plaintiff who
was then and there lawfully riding in the motor vehicle upon the
said highway.
9. As a result of the aforesaid actions and the
negligence, recklessness and carelessness of defendant, Marianne
McGuire, plaintiff, Nicholas Tsamis, sustained serious and
permanent personal injuries, including, but not limited to,
cervical radicular neuralgia, lumbar sprain and strain with
intervertebral disc thinning, moderate lumbar hyperlordosis, and
degenerative disc changes at CS-6, C6-7, T10-11 and T11-12, as well
as severe shock to his nerves and nervous system, by reason of
which the said plaintiff has been rendered sick, sore, lame and
disabled, and as a result of which he has suffered, does suffer and
will continue to suffer for an indefinite period of time in the
future.
10. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has undergone great physical pain and
mental anguish, and he will continue to endure the same for an
indefinite period of time in the future, to his great detriment and
loss.
11. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has been compelled to expend various
and diverse sums of money for medications, medical care, and
treatment in and about an effort to cure himself of the ills and
injuries which he sustained, and he will be obliged to continue to
expend such sums for an indefinite period in the future.
12. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has or may suffer a severe loss of his
earnings and impairment to his earning capacity and power.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
COUNT II
NICHOLAS TSAMIS v. RICHARD RAYMOND DRIES
13. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 12 of this Complaint as though
same were fully set forth herein at length.
14. The negligence, recklessness and carelessness of
defendant, Richard Raymond Dries, causing injuries to plaintiff,
Nicholas Tsamis, consisted of:
a. Operating said motor vehicle at a high and
excessive rate of speed under the circumstances;
b. Failing to have said vehicle under proper and
adequate control at the time of the accident;
C. Failing to exercise due caution when performing
a left-hand turn; and,
d. Operating said vehicle without due regard for
the rights, safety and position of the said plaintiff at the point
aforesaid.
15. As a result of the aforesaid actions and the
negligence, recklessness and carelessness of defendant, Richard
Raymond Dries, plaintiff, Nicholas Tsamis, sustained serious and
permanent personal injuries, including, but not limited to,
cervical radicular neuralgia, lumbar sprain and strain with
intervertebral disc thinning, moderate lumbar hyperlordosis, and
degenerative disc changes at C5-6, C6-7, T10-11 and T11-12, as well
as severe shock to his nerves and nervous system, by reason of
which the said plaintiff has been rendered sick, sore, lame and
disabled, and as a result of which he has suffered, does suffer and
will continue to suffer for an indefinite period of time in the
ti
future.
16. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has undergone great physical pain and
mental anguish, and he will continue to endure the same for an
indefinite period of time in the future, to his great detriment and
loss.
17. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has been compelled to expend various
and diverse sums of money for medications, medical care, and
treatment in and about an effort to cure himself of the ills and
injuries which he sustained, and he will be obliged to continue to
expend such sums for an indefinite period in the future.
18. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has or may suffer a severe loss of his
earnings and impairment to his earning capacity and power.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
COUNT III
NICHOLAS TSANIS v. NANCY J. HA[M ERSTEIN
19. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 18 of this Complaint as though
same were fully set forth herein at length.
20. On or about August 19, 1997, defendant, Nancy J.
Hammerstein, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident
hereinbefore described.
21. Defendant, Nancy J. Hammerstein, was negligent in
that she:
(a) Entrusted her motor vehicle to an individual who she
knew or should have known would operate said vehicle in a
negligent, reckless and/or careless manner;
(b) Failed to exercise due care under the circumstances;
and,
(c) Entrusted her vehicle in a wilful, wanton and
reckless manner displaying disregard for the safety of others.
WHEREFORE, Plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
GO BALES, P.C.
l/
TODD M. BALES E QUIRE
Attorney for laintiff
Nicholas Tsam s
NICHOLAS TSAMIS hereby states that he is Plaintiff in the
within action, and verifies that the statements made in the
foregoing pleading are true and correct to the best of his
knowledge, information and belief. The undersigned understands
that the statements made herein are made subject to the penalties
of 18 Pa. C.S. 54904 relating to
authorities.
CHr•W
OFFICE OF THE SlIE91FF
Auc 10 2 16 PM 199
f' EN tIS'rLVAN IA
t?
L2
FWD
?l
Dim
ORDER FOR SERVICE REQUEST C,44
oc e.vmrUE ED HT HE RE l -nNG ATTORNEY
1. All information from the anomay must be filled-in before will leave the pro ptnty without a watchman and in custody of
service can be
made
.
2
be saved separate herder for Service form for each defendant to
be
by the whomever is found in possession, after notifying the person
the property is under a Sheriff's levy. The Sheriff or
3.
completing lowon for service, be certain to have a
Whim
location
lid
dd Deputy is not liable in any way for protecting property.
5. Service will be executed in accordance with Rule 402
d Ti
l
va
a
ress or directions. Do not use P.O. Boxes or RD.
addrassess only. Provide the township
if applicable an
t
e
231, Pennsylvania Rules of Civil Procedum
6
T
,
.
4. When a Deputy Sheriff le or attaches EVerty, he or she
PLAINTIFF: .
he enomey must certify
all lxrpia of prows,
7. Su I a self-addmased slam eavelofor return of service
Nye X0 /,9S .
DEFENDANT;
1"1Ae19•?,?P r3 V.iP R?/,err/ ?,,'PS ,voNr.
Y /YA.Y,y PrSy'q.,/
SERVEUPON: LOCATON:
Niy vc y a . h'I' 70 es rh;,j
TYPE OF WRIT: G aG we'5/ C s7?
.??oT:?,o esr to
if ??^' Agy/ PSI /8070?
,
ATTORNEY (NAMFiADDRESS,PHONE) ATTORNEY SIGNATURE:
FOR PROTHONOTARY USE ONLY
DOCKET NI DMER; LAST DAY FOR SER VICE: FEES PAID:
ery 919-y8//
RETURN OF SERVICE
INDIVIDUAL SERVED: Tet,completed bySheriff)
i(bgAlcy J. fl4?.nw p.•? DATE: TIME:
glfh 57 /P30
LOCATION: (IF DIFFERENT FROM ABOVE) ( ) Borough of: ( )Lily of () Township of:
Served in the following manner:
( ) Defendant personally served () Officer of said defendant company
( ) Adult family member with whom said defendant resides () Posted property
( ) Levy on property
Adult in charge of defendant's residence JP)e{ 1*1M C / () Other-
)Manager/Clerk of place of lodging in which defendant resides
A
e
t
i
' () Not Found () Moved () No Answer ( ) Vaunt ( ) Unlmown
g
n
or person
n charge of defendant
s office or usual lace of business
SHERIFF OF NORTHAMPTON COUNTY I I hereby deputize the Sheriff of County.
BY. to exeevte and make a return on the above and attacttnl action according to law.
AcUEI 1ANCE OF SERVICE
1 accept service of the on behalf of
and certify that I am authorized to do so.
NORTHAMPTON COUNTY SI IERIFF"S DEPARTM)iNT
669 WASFIINGTON STREET
EASTON, PA 18042-7.183
(610) 559-3084
(610) 559-1785 (FAX)
(610) 559-3781 (REAL ESTATE)
In The Court of Common Pleas of Cumberland County, Pennsylvania
Nicholas Tsam4
Marinne McGuire, at. al.
Serve: Nancy J. HammersteinNo, 99-4811 Civil
Now, 8/11/99 -,19 _ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northampton
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.,
P
Sheriff of C berland County, PA
Affidavit of Service
Now, ?Q d4Y o{' ?vyysf 199 , at /?34 o'clock 12 M. served the
within
upon
at_ 6074 AI&51 6eorg to 57? PP 4 rrY /
?- -
by handing to ,?e /'?, iyoo//a,
a
copy of the original No)II ce
and made known to Jt'4ff the contents thereof.
So answers,
Sworn and subscribed before
me this _ day of , 19
Sheriff of County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
ORDER FOR SERVICE REOUEST c>l/
FOR PROTHONOTARY USE ONLY
EKET& NI/M BER,/
i?Z rv d/ X99- LAST DAY FOR SERVICE: FEES PAID:
98.00
RETURNOFSERVICE
INDIVIDUAL SERVED: Tobecompldadby Sheriff)
/
fC4iAhc1 ?1IQY?0? d OriPs DATE: o q TIME:
?g / / 19.30
LMATION: (IF DIFFERENT FROM ABOVE) () Borough at: ( ) Chy of () Township OF.
Served in the following manner:
()
Defendant personally served () Officer of said defendant
company
Adult family member with whom said defendant resides ()
Posted property
( ) Levy on property
Adult in charge of defendant's residence .TP)C' / Jo / w
?
nt f Other:
( Manager/Clerk of place of lodging in which defend
t resides (jot Found ( ) Moved ( ) No Answer ( ) Vamtn () Unknown
Agent or person in char Le of defendant's office or usual lace of business
BY, SHERIFF OF NORTHAMPTON::OUM'Y I hareby deputize the Sheriff of County
to exo tdc and make a rdum on the above and attad?aJ adian accord ngto law,
OF SER
I accept service of the on behalf of
and certify that I am authorized to do so.
NORTI IAMPTON COUNTY SH iRIFF'S DEPARTNMNT
669 WASFQNGTON STRUT
EASTON, PA 18042-7483
(610)559.3084
(610) 559-1785 (FAX)
(610) 559-3781 (READ. ESTATE)
In The Court of Common Pleas of Cumberland County, Pennsylvania
Nicholas Tsamis
vs.
Marianne McGuire, et. al.
Serve: Richard Raymond Dries No. 99-4811 Civil
Now, 8/11/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northampton County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. 00!
c'
Sheriff of Cumberland County, PA
Affidavit of Service
Now, (9Y-4' d,9Y O{ Avg1, S f , 19., at o'clock M. served the
within /?p ??4.PhP?o i ?o vY
upon &C 4, lama, 14Y?0.,W
at 6Aa 41le5y 6PO??iA S! PP^? ?4rnv?4} ??U7a2
by handing to 0-P>Cr` ^1dal/ w
a
copy of the original 41ol i- p oe
and made known to lae P, "70W/O z/ the contents thereof.
So answers,
I
Aie lSheriffof County, PA
COSTS
Sworn and subscribed before SERVICE _
me this _ day of , 19 MILEAGE _
AFFIDAVIT
ROLF E. KROLL, ESQUIRE
Pa. Supreme court I.D. No. 47243
SADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER
Poet O£fioe Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: [717] 975-8114
Fax: [7171 975-8124
Attorney for Defendant:
RICHARD RAYMOND DRIES
NICHOLAS TSAMIS,
Plaintiff,
V.
MARIANNE MCGUIRE,
RICHARD RAYMOND DRIES, and
NANCY J. HAMMERSTEIN,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4811 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECTPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter my appearance on behalf of Defendant, RICHARD
RAYMOND DRIES, in the above captioned matter.
Date:
By:
Respectfully submitted,
BADOWSKI, BANKO, KROLL,
KRONT AND BAKER
A Pr s 'onal Corporation
XeLF E. OLL, ESQUIR$
PA Att rney I.D. #47243
Attorneys for Defendant,
RICHARD RAYMOND DRIES
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT, RICHARD
RAYMOND DRIES, on all interested p ties by placing the same in
the United States mail at H,.r g, Pennsylvania, first-class
postage prepaid, on the ///day of ? e-x& t. 1999,
and addressed as follows:
Todd M. Bales, Esquire
Gordon & Bales, P.C.
801 Old York Road
Suite 313 Noble Plaza
Jenkintown, PA 19046
Marianne McGuire
2649 Brighton Drive
Bath, PA 18016
Nancy J. Hammerstein
626 West George Street
Pen Argyl, PA 18072
BADOWSKI, BANKO, KROLL,
KRONTHAL AND BAKER
ro ess' 5pa.C r q tion
By c ,?CL
J i n E. Nelson, Secretary
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801 Old York Road
Suite 313 Noble Plaza
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
V.
MARIANNE McGUIRE and RICHARD
RAYMOND DRIES and NANCY J.
HAMMERSTEIN
TO THE
NICHOLAS TORNIO
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-4811-CIVIL
Kindly reinstate Plaintiff's Complaint in the above-captioned
matter.
O07R1l BALES, P.C.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04811 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TSAMIS NICHOLAS
VS
MCGUIRE MARIANNE ET AL
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
MCGUIRE MARIANNE
but was unable to locate Her
, to wit:
in his bailiwick. He therefore
deputized the sheriff of NORTHAMPTON County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March 6th , 2000 , this office was in receipt of the
attached return from NORTHAMPTON
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
DEP. NORTHAMPTON 52.00
.00
89.00
03/06/2000
GORDON & BALES
So answ s:
RR/ Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this .20 day of ir?w1 ?J
?cr1rU A. D.
Prothonotary
M The Court of Common Pleas of Cumberland County, Pennsylvania
Nicholas Tsamis
VS.
Marianne McGuire, et. al.
Serve: Marianne McGuire No. 99-4811 Civ
Now, 1/12/00 , 20-0a, 1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northampton County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
?? !Z- e
Sheriff of Cumbe'rland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
Sheriff of
20_, at o'clock M. served the
copy of the original
So answers,
COSTS
Sworn and subscribed before SERVICE
me this _ day of , 20_ MILEAGE_
_
AFFIDAVIT
the contents thereof.
County, PA
ORDER FOR SERVICE REQUEST
TO BE COMPLETED BY THE REQUESTING ATTORNEY
1. All information from the attorney must be filled-in before will leave the property, without a watchman and in custody of
service can be made. whomever is found in possession, after notifying the person
2. Prepare a separate Order for Service form for each defendant to the property is under a Sheriffs levy. The Sheriff or
be saved by the Sheriff. Deputy is not liable in any way for protecting property.
3. When completing location for service, be certain to have a 5. Service will be executed in accordance with Role 402 and Title
valid address or directions. Do not use P.O. Boxes or R.D. 231, Pennsylvania Rules of Civil Procedure.
addressesv only. Provide the township, if applicable. 6. The attorney must certify all copies of process.
4. When s Deputy Sheriff levys or attaches property, he or she 7. Supply a self-addressed stamped envelope for return of service.
PLAINTWF:
NICHOLAS TSAMIS
DEFENDANT:
IIARIAIZIE Mx1IIRE AND RICINRD RMWW DRIES
SERVE UPON: LOCATON:
Ik1RIA NE FOWIRE 301 WEST MANI ST
TYPE OF WRIT: APART #3
EASI'(M PA 18042
ATTORNEY (NAME,ADORESS,PHONE) ATTORNEY SIGNATURE:
TODD M BAITS, ESQ.
FOR PROTHONOTARY USE ONLY
DOCKET NUMBER:
99-4811 LAST DAY FOR SERVICE:
Jan 22, 2000 FEES PAID:
52.00
RETURN OF SERVICE To be compldod by Sheriff)
INDIVIDUAL SERVED: DATE:
662-dam- OLD TIME:
"5
LOCATION: (IF DIFF
E FROM VE) () Borough of. ay of ) Township or.
301 J 3 ti
Served in the following manna: () Officer of said defendant company
( ) Defendant personally served () Postal property
( ) Adult family member with whom said defendant resides () Levy on property
( ) Adult in charge of defendant's residence Other.
( ) Manager/Clerk of place of lodging in which defendant resides Na Found ( ) Moved ) No Answer () Vacmt Vnlmown
Agent or person in charge of defendant's once or usual place of business
SO WERS: JEF HAWBECKER
SHE FO =HAMPTON COUNTY Ihaebydeputirethe Shaiffof County,
to exewte and make. Mum on the above and atuchol adion aownling to law.
S-I b
P S RIFF BADGEa SHERIFF OF NORTHAMPTON COUNTY DATE
OF SERVICE
I accept service of the on behalf of
and certify that I am authorized to do so.
NORT!UtWFON COUNTY StIERIFT'S DEPARTMENT
669 WASFUNGTON STREET
EASTON, PA 18012-7483
(610) 559-3084
(610) 559-1785 (FAX)
(610) 559-3781 (REAL ESTATE)
TRUE COPY FROM RECORD \0
to Tosttir" wharmf, I tKre unto eat my WIN
and ttte I of w Cou at CartW Pls.
ihls_daY 1
Protonotary
GORDON B BALES, P.C.
BY. TODD A BALES, ESQUIRE
IDENTIFICATION NO.: 6WS
801 OLD YORK ROAD, S7E. 313
JENKINTOWN, PA 19046
(215) 8844000
A7WRNEY FOR PL RMPF
NICHOLAS 7SAAHS
NICHOLAS TSAMIS
208 Delaware Avenue
Wind Gap, PA 18901-1264
va.
MARIANNE MOGUIRE
2649 Brighton Drive
Bath, PA 18016
and
RICHARD RAYMOND DRIES
626 West George Street
Pen Argyl, PA 18072
(CONTINUED ON NEXT PAGE)
You have been sued in court. If you wish to defend
against the claims ant forth int he following pages,
you must take action within twenty (20) days after
this complaint and notice are served, by entering a
written appearance peFaunally or by attorney and
fling in writing with the taut your defense or
objections to the claims set forth against you. You
am warned that if you fail to do so the case may
proceed Without you an d a judgment may be entered
e against you by the court without further notice for
any money clarm+d in the complaint or for any other
claim or relief requested by 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
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166 or 1 800 990 9108
. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
• f .I
NO.IrCf-
AVISO
Le ban demsodsdo a usted an b code. Si udW quiers
defenderse de colas damsodas expuastas an bs psgmu
siguimtes, wMA time veinte (20) din de pb o al pastir
de Is fechs de la demands y b notificacim. Hace falls
a sentar uu comparmcia escrib o an persona o one un
abogsdo y entrogar a la oorte an forma actits sus
defenes o sus objeciones a lac demandu on contra de
su persona. Sea a visado qua si usted no me defiende.
Is carte tomas madidu y puade continua In demands
on contra su a sin previo aviso o Dotifiacion Ademas,
I& carte puede decidir a favor dal demandante y require
qquo anted cumpb con todu Us pmovisioses de sets
demands. UsW puede perder dinew o sus propisdades
0 ostros do mcha importantes pas usted.
LLEVE ESTA DEMANDA A UN ABOGADO IN
MEDIA LAMENTS. SI NO TWM ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO. VAYA EN PERSONA O LLAME
FOR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAIO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTANCIA LEGA.
Fn..?
age
-6a FL-9 C, ,+"
(CONTINUED ?Rot[ PREVIOUS PAGE)
NANCY J. HAMMERSTEIN
626 West George Street
Pen Agyl, PA 18072
r
GORDON 6 BALES, P.C.
BY: TODD M. BALES, ESQUIRE
Attorney I.D. Number 64465
801 Old York Road
Suite 313 Noble Plaza
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
208 Delaware Avenue
Wind Gap, PA 18091-1264
V.
r
MARIANNE McGUIRE
2649 Brighton Drive
Bath, PA 18016
and
RICHARD RAYMOND DRIES
626 West George Street
Pen Argyl, PA 18072
and
NANCY J. HAMMERSTEIN
626 West George Street
Pen Argyl, PA 18072
ATTORNEY FOR PLAINTIFF
NICHOLAS TSAMIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TRIAL DIVISION
NO.
CIVIL ACTION-COMPLAINT
1. Plaintiff, NICHOLAS TSAMIS, is an adult individual
residing at 208 Delaware Avenue, Wind Gap, Pennsylvania, 18091-
1264.
2. Defendant, MARIANNE McGUIRE, 1s an adult individual
residing at 2649 Brighton Drive, Bath, Pennsylvania, 18016.
3. Defendant, RICHARD RAYMOND DRIES, is an adult
individual residing at 626 West George Street, Pen Argyl,
Pennsylvania, 18072.
4. On or about August 19, 1997, defendant, Marianne
McGuire, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident hereinafter
described.
5. On or about August 19, 1997, defendant, Nancy J.
Hammerstein, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident hereinafter
described.
6. On the above date at approximately 5:10 p.m.,
plaintiff, Nicholas Tsamis, was a front-seat passenger in a vehicle
owned by defendant, Nancy J. Hammerstein, and operated by
defendant, Richard Raymond Dries. Said vehicle was traveling in a
southerly direction along Route 512 in Plainfield Township, when it
signaled and made a left-hand turn into a parking lot. Suddenly
and without warning the vehicle in which plaintiff was traveling
was struck in the rear by a vehicle owned and operated by
defendant, Marianne McGuire. As a result of the strong impact,
plaintiff, Nicholas Tsamis, sustained serious and permanent
personal injuries hereinafter more particularly described.
COUNT I
?.' NICHOLAS TSAMIS y. MARIANNE MCGUIRH
7. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 6 of this Complaint as though
same were fully set forth herein at length.
8. The negligence, recklessness and carelessness of
defendant, Marianne McGuire, causing injuries to plaintiff,
Nicholas Tsamis, consisted of:
a. Operating said motor vehicle at a high and
excessive rate of speed under the circumstances;
b. Failing to have said vehicle under proper and
adequate control at the time of the accident;
C. Failing to give proper and sufficient warning
of the approach of said vehicle;
d. Operating said vehicle without due regard for
the rights, safety and position of the said plaintiff at the point
aforesaid; and,
e. With the motor vehicle in which plaintiff was
traveling in plain view, failing to exercise due care and vigilance
in the operation of the same vehicle so as to avoid plaintiff who
was then and there lawfully riding in the motor vehicle upon the
said highway.
9. As a result of the aforesaid actions and the
negligence, recklessness and carelessness of defendant, Marianne
McGuire, plaintiff, Nicholas Tsamis, sustained serious and
permanent personal injuries, including, but not limited to,
cervical radicular neuralgia, lumbar sprain and strain with
intervertebral disc thinning, moderate lumbar hyperlordosis, and
degenerative disc changes at C5-6, C6-7, T10-11 and T11-12, as well
as severe shock to his nerves and nervous system, by reason of
which the said plaintiff has been rendered sick, sore, lame and
disabled, and as a result of which he has suffered, does suffer and
will continue to suffer for an indefinite period of time in the
future.
10. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has undergone great physical pain and
mental anguish, and he will continue to endure the same for an
indefinite period of time in the future, to his great detriment and
lose.
11. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has been compelled to expend various
and diverse sums of money for medications, medical care, and
treatment in and about an effort to cure himself of the ills and
injuries which he sustained, and he will be obliged to continue to
expend such sums for an indefinite period in the future.
12. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has or may suffer a severe loss of his
earnings and impairment to his earning capacity and power.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
COUNT II
NICHOLAS TSAMIS v. RICHARD RAYMOND DRIES
o'
13. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 12 of this Complaint as though
same were fully set forth herein at length.
14. The negligence, recklessness and carelessness of
defendant, Richard Raymond Dries, causing injuries to plaintiff,
Nicholas Tsamis, consisted of:
a. Operating said motor vehicle at a high and
excessive rate of speed under the circumstances;
b. Failing to have said vehicle under proper and
adequate control at the time of the accident;
C. Failing to exercise due caution when performing
a left-hand turn; and,
d. Operating said vehicle without due regard for
the rights, safety and position of the said plaintiff at the point
aforesaid.
15. As a result of the aforesaid actions and the
negligence, recklessness and carelessness of defendant, Richard
Raymond Dries, plaintiff, Nicholas Tsamis, sustained serious and
permanent personal injuries, including, but not limited to,
cervical radicular neuralgia, lumbar sprain and strain with
intervertebral disc thinning, moderate lumbar hyperlordosis, and
degenerative disc changes at C5-6, C6-7, T10-11 and T11-12, as well
as severe shock to his nerves and nervous system, by reason of
which the said plaintiff has been rendered sick, sore, lame and
disabled, and as a result of which he has suffered, floes suffer and
will continue to suffer for an indefinite period of time in the
v?
future.
16. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has undergone great physical pain and
mental anguish, and he will continue to endure the same for an
indefinite period of time in the future, to his great detriment and
loss.
17. As a further result of the accident aforesaid,
plaintiff, Nicholas Tsamis, has been compelled to expend various
and diverse sums of money for medications, medical care, and
treatment in and about an effort to cure himself of the ills and
injuries which he sustained, and he will be obliged to continue to
expend such sums for an indefinite period in the future.
18. As a further result Of the accident aforesaid,
plaintiff, Nicholas Tsamis, has or may suffer a severe loss of his
earnings and impairment to his earning capacity and power.
WHEREFORE, plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
COUNT III
NICHOLAS TSAMIS v. NANCY J. HA14MERSTEIN
19. Plaintiff hereby incorporates by reference the
allegations of paragraphs 1 through 18 of this Complaint as though
same were fully set forth herein at length.
20. On or about August 19, 1997, defendant, Nancy J.
Hammerstein, owned, possessed, controlled and/or operated a motor
vehicle that was involved in the motor vehicle accident
hereinbefore described.
21. Defendant, Nancy J. Hammerstein, was negligent in
that she:
(a) Entrusted her motor vehicle to an individual who she
knew or should have known would operate said vehicle in a
negligent, reckless and/or careless manner;
and,
(b) Failed to exercise due care under the circumstances;
(c) Entrusted her vehicle in a wilful, wanton and
reckless manner displaying disregard for the safety of others.
WHEREFORE, Plaintiff, Nicholas Tsamis, demands judgment
against defendants, Marianne McGuire, Richard Raymond Dries and
Nancy J. Hammerstein, jointly and severally, for all damages and
injuries in an amount not in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus attorney's fees, costs and interest.
GO BALES, P.C.
TODD M. BALES E QUIRE
Attorney for laintiff
Nicholas Tsam s
. 1?
VERIFICATION
NICHOLAS TSAMIS hereby states that he is Plaintiff in the
within action, and verifies that the statements made in the
foregoing pleading are true and correct to the best of his
knowledge, information and belief. The undersigned understands
that the statements made herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworfilflesification to
authorities. /111' '000e?
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i
GORDON A BALNB, P. c.
BY: TODD M. BALES, ESQUIRE
Attorney I.D. Number 64465
801 Old York Road
Suite 313 Noble Plaza
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
V.
MARIANNE McGUIRE and RICHARD ,
RAYMOND DRIES and NANCY J. ,
HAMMERSTEIN
TO THE PROTHONOTARY:
ATTORNEY FOR PLAINTIFF
NICHOLAS TSAMIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-4811-CIVIL
Kindly reinstate Plaintiff's Complaint in the above-captioned
matter.
•-
GOBDO` BALES, P. C.
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GORDON i HALES, P.C.
BY: TODD M. SALES, ESQUIRE
ATTORNEY I.A. 064465
Suite 313 Noble Plaza
801 Old York Road
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
V.
MARIANNE MCGUIRE, RICHARD
RAYMOND DRIES, and NANCY J.
HAMMERSTEIN
ATTORNEY FOR PLAINTIFF
NICHOLAS TBAMIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-4811-CIVIL
PRARCIPE TO MORAINE
TO THE PROTHONOTARY:
Kindly reinstate Plaintiff fIs Complaint in the above-captioned
matter.
GORDON A BALES, P.C.
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Suite 313 Noble Plaza
801 Old York Road
Jenkintown, PA 19046
215-884-4000
NICHOLAS TSAMIS
V.
MARIANNE McGUIRE, RICHARD
RAYMOND DRIES, and NANCY J.
HAMMERSTEIN
TO THE PROTHONOTARY:
HICEOLAB
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-4811-CIVIL
Kindly reinstate Plaintiff's Complaint in the above-captioned
matter.
GORDON f ?71LE8, P.C.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04811 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TSAMIS NICHOLAS
VS
MCGUIRE MARIANNE ET AL
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:
MCGUIRE MARIANNE
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of MONROE County, Pennsylvania, to
serve the within REINSTATED NOTICE/COMPLAI
On June 21st 2000 this office was in receipt of the
attached return from MONROE
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep. Monroe Co 20.70 Sheriff of Cumberland County
.00
57.70
06/21/2000
GORDON & BALES
Sworn and subscribed to before me
this 31AA- day of
alo-w A.D.
Protho o
DATE RECEIVED DATE PROCESSED
SHERIFF'S OFFICE
,Nf1PW] ;OE COUNTY, PENNSYLVANIA
?1 COURTHOUSE, STROUDSBURG, PA. 18360 3II t,
LU'u XJ.eti
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PRC
BY THE SHERIFF" on the reverse of the last (No 5) Copy of this
Please type or print legibly, insuring readability of all copies.
Do not detach any copies MCSO ENV.a „ a„..,
1. PLAINTIFF/S/ 2 COURT NUMBER
Mrnvnr sc mccs MTe 99-4811 Civil
ETC TO
int
Apa.c.
Apartmrtment No . Gty. Born. Twp State and ZIP Code)
7. INDICATE SERVICE: ?PERSONAL ?PERSON IN CHARGE CJDEPUTIZECMMMWdIHmaEGISTERED MAIL ?FIRST CLASS MAIL ?POSTED
Now, 2 , SHERIFF OF PX?3TIA OUNTY, PA., do here e Ize the Shetii
Monroe County to execute this Wri f ?IRr- y?1?
to law. This deputation being made at the request and risk of the plaintiff. _ SHERIFF oF7 E COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Cumberland.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION. N B WAIVER OF WATCHMAN - Any deputy sheull levying upon or attaching any property under within
writ may leave same without a watchman, in custody of whomever -S found in possession. alter notifying person of levy or attachment, without liability on the
nail of such def'ulA or the sheriff to am plamnll herein for any loss. destmceon or removal of any such property before sheoll s sale thereof
9 SIG URE of ATTORNEY or pt r OR INATOR requesting service on behail of 10 TELEPHONE NUMBER 11 DATE
(){PLAINTIFF 215-884-4000 5/11/00
X ,,,? / ? DEFENDANT
SP E _"FOVUS -SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
12 l acknowledge receipt Ihewnt SIGNATURE of Authorized MCSDDeouly or Clerk and Tme a Date Recewed a Espuahon/Heann9 dale
or complaint as indite eabove Deb Krona Clerk 5/5/00 6/5/00
is. I hereby CERTIFY a RETURN thatI have personally served O have served person In charge, O have legal evidence of service as shown in "Remarks" (on reverse)
? have posted the above described p operty with the writ or complaint described on the individual, company, corporation etc., at the address shown above or on
the Individual, company, corporation, etc., at the address inserted below by handingtor Posting a TRUE and ATTESTED COPY thereof.
16.01 hereby certify, and return NO SERVICE because I am unable to locate the Individual, company, corporation, etc., named above. (Sea remarks below)
17 Name and title of individual served le A person or eatable age and Jise eeon Read Order
Then resdm B in the de refdanl s usual
Marianne McGuire puce of awe 0 ?
Time
19 Address of where served (complete Mild dd lerem man mown 2boveHBireel or RFD. Apartment No City. Boro, Twp . 20 Dale of Service 21
State and ZIP Code) Office of Monroe County Sheriff THURS
Monroe County Courthouse Room 122 5-25-00 12:12PM
Stroudsburg, PA 18360-2189 -0- Miles
Miles I Dep. Int. I Data I Mlles I Dep. Int. I Date I Miles I Dep. Int. I Date I Miles I Dap.
22 ATTEMPTS Date
23 AOVdWeCOSTS 2J 25 fi 27 Total Costs 28COSTDUE ORF
100.00 20.70 P FF 79.30 REF
SO ANSW ER.
--25th I t
AFFIRMED and Subscribed 10 before me this --
B, iS11,01 Dle 51-11, Inii•as Vrnn m TYpel Dale
day of MaY 2000 Paula K. Hallock, Deputy Sheriff
-' -
G Signature of Sher II Dais
?..r. n u are. F?ni¢ SHERIFF OF MDNROE COUNTY
MY WMM_Irv'n!c
39 Dale Received
I ACKNOWLEDGE RE EIPt$"u*b"CMKINABiylAlISIONATURE
OF AUTHORIZED ISS INGAyIT aAK. S_;`• --_-_-_--__ ____-___ --
PROTHONOTARY
SHERIFF'S RETURN OF SERVICE
( ) (1) The within-
unon
defendant by mailing to
by
prepaid, _
a true and attested copy thereof at
the within named
mail, return receipt requested, postage
The return receipt signed by
defendant on the- is hereto attached and
made a part of this return.
( ) (2) Outside the Com* liNwealth, pursuant to Pa. R.C.P.405 (c) (1) (2),by mailing a true
and attested copy theredf at
in the following manner:
() (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the
Postal Authorities that Defendant refused to accept the same. The returned
receipt and envelope is attached hereto and made part of this return.
And thereafter:
( It (b) To the defendant by ordinary mail addressed to defendant at same address, with
the return address of the Sheriff appearing thereon, on the .
1 further certify that after fifteen (15) days from the mailing date, I have not
received said envelope back from the Postal Authorities. A certificate of mailing
is hereto attached as a proof of mailing.
( ) (3) By publication in the Monroe Legal Reporter, a weekly publication of general circula-
tion in the County of Monroe, Commonwealth of Pennsylvania, and the Pocono
Record, Inc., a daily newspaper published in the County of Monroe, Commonwealth
of Pennsylvania and having general circulation in said County for
successive weeks of
------ - The Affidavits
from said Monroe Legal Reporter and Pocono Record, Inc., are hereto attached and
made part of this return.
( ) (4) By mailing to
by mail, return receipt requested, postage prepaid,
--- - -- on the -
a true and attested copy thereof at -
The returned by the Postal
Authorities marked -___-
is hereto attached.
( ) (5) Other -- ---------- -
DATE RECEIVED DATE PROCESSED
? r SHERIFF'S OFFICE -
fcl!: !"'C OFFICE
YP E COUIV.TY. PENN. SYLrVANIA
t h tCOURTHOUSE. STROUDSBURG, PA. 18360 („1 IQ D 3) f.
8
SHERIFF SERVICE INSTRUCTIONS: sae "INSTRUCTIONS FOR SER IbE o ' SS
BY THE SHERIFF" on the reverse of the last (No 5) copy of this form.
PROCESS REC?IPT, and AFFIDAVIT OF RETURN Please type or pilot legibly. Insuring readstainyol allcoples
Do not detach any copies MCSD ENVA
G f9551
'.t. PLAINTIFF/S/
2 COURT OURT NUMBER
99-4811 Civil
3. DEFENDANT/S/ 4 TYPE OF WR T O C PLAT
Rein ta?A ecPLpNlaint
HA ANNF GUIRE, et-al Civif-Action.__._ __
SERVE 5 NAME OF INDIVIDUAL. COMPANY CORPORATION ETC TOSERVICEORDFSCRIPTIONOFPROPERTYTOBELEVIED, ArTAUHEDORSOLD
McGuire
6 ADDRESS (Street or RFD. Apartment No City. Bum Two Staff- arid ZIP Collet - -
AT RR &, 567Re K-?k?atofanf_EA 1805tL-__---- _
7. INDICAT4 SERVIQE:,OP RSONAL 0 PERSON IN CHARGE dXDEPUTIZE(jkM7AIjfjftjNEGIBiE1iED MAILe?PIRST CLEASSMAIL?POSYEO
Now, 133 -9( 0, SHERIFF OF MKXM3t0UNTY,PA do hereby deputize the Sheriff of
Mori _ County to execute (his Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff srieRlvr t,?Etco,-NT -
-- - T-
B SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Cumberland
t
i
{
i
la.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION N B WAIVER OF WATCHMAN - Any dypufy sherm levying upon or attaching any property under within
writ may leave same without a watchman, In cuslody of whomever Is found in possession ahEt, notifying person of levy or attachment. without haelsly on the
pad of such9edCt^or the sheriff Io any,,ilannllll herein for any loss. destruction or removal of any such property before sheriffs sale mereol
Service
25th.;
LI 1. UAIE
q l acknowledge receipt Ihewnl SIGNATURE of Aulhor¢ed MCSD Deputy OF Clerk and Title t3 Date Received w Eapuanon/Heaung dale
or complaint asmalca dabove---___--. _Dem_[roae--C3erk 6/5/00
t5. 1 hereby CERTIFY arld RETURN that I ?Lhave personally served, [J have served person in charge, E) have legal evidence of service as shown in "Remarks" (on reverse)
?have posted the above described p/o'perty with the writ or complaint described on the individual, company. corporation, etc.. at the address shown above or on
the Individual, company, corporation. etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY thereof.
__----- __. -_. -.__---.._
16. ? I hereby certify and return NO SERVICE because I am'unable to locale the individual, company, corporation, etc., named above. (Sae remarks below)
V Name and title of individual servo
- ra h person of sit tame sae aria a saeuon Road Order
Iri _
an n Inn tlelenaants mual
MBriaIIne McGuire nieceof plabW abpde ? ?
19 Address of wM1ere'setved(cOmplele only it d111areN loan shown 3bOVaI15Veel or RFD Apartment No City BorO.Iwp. 20 Date of SOV Ce 21 Time
State and ZIP Code) Off firpe of Monroe County Sheriff T'HURS
Monroe COunty Courthouse Room 122 -5 25-00- - 12a12PM.
_ _ Stroudsburg, PA.,18360?2189' -0- Miles
- - , --
zY ATTEMPTS Date Mlles Dep III to , Ml?es Dap. Int. Data Miles Dap. Int. Date Mlles Dep. lot Dale Mllss Dsp. Int.
23 Advance Costs /a zs x. 7 Total roses I ze COST OUEOR RE FUND
100.00
- -_ __ ; t - .-- $20.70- _$Z9.30 RP.FI ttM
AFFIRMED and subscribed to before me this
day of
2000
Lk PLAINTIFF 2t 5
? DEFENDANT
__-__. __-_
= nwI Fir . nn Mn
R, Itin,.rm pep sn,„np?n .?v.,?n„ rrnr?l
Paula R. Hallock, Dr
Signature of Sheol
_____.. ______ _-_. __.__ ..
SHERIFF OF MONROE COUNTY
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
-.T_-- ------SOANSWER.
MONROE SHERIFF
Sheriff
5/11/00
uale
- 39 Datx Recewed
SHERIFF'S RETURN OF SERVICE
( ) (t) Thewithin
upon thewithinnamed
defendant by mailing to
by mail, return receipt requested, postage
prepaid,
a true and attested copy thereof at
The return receipt signed by
defendant on the
made a part of this return.
( ) (2) Outside the Commonwealth
and attested copy thereof at
is hereto attached and
pursuant to Pa. R.C.P.405 (c) (1 ) (2),by mailing a true
in the following manner:
( ) (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the -- .
said receipt being returned NOT signed bydefendant, but with a notation bythe
Postal Authorities that Defendant refused to accept the same. The returned
receipt and envelope is attached hereto and made part of this return.
And thereafter:
( ) (b) To thedefendant byordinary mail addressed todefendant atsameaddress, with
the return address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not
received said envelope back from the Postal Authorities. A certificate of mailing
is hereto attached as a proof of mailing.
( ) (3) By publication in the Monroe Legal Reporter, a weekly publication of general circula-
tion in the County of Monroe. Commonwealth of Pennsylvania, and the Pocono
Record, Inc.. a daily newspaper published in the County of Monroe, Commonwealth
of Pennsylvania and having general circulation in said County for
successive weeks of _-_-
_._ The Affidavits
from said Monroe Legal Reporter and Pocono Record, Inc., are hereto attached and
made part of this return.
( ) (4) By mailing to
by mail, return receipt requested, postage prepaid,
-- -- --- -- on the --
a true and attested copy thereof at
The returned by the Postal
Authorities marked
is hereto attached.
( ) (5) Other -------- -- ----- ---
DATE RECEIVED a `? a
DATE PROCESSED
SHERIFF'S OFFICE
MONPJPE COUNTY, PENN6YUVANIA
3 ti
I, COURTHOUSE, STROUDSBURG. PA. 18760 '
INSTRUCTIONS See "INSTRUCTIONS FOR SERVICE 00• 6CESS
SHERIFF SERVICE BY THE SHERIFF -' on the revels. of the last (No 5) Copy of this form.
PROCESS RECEIPT, and AFFIDAVIT OF RETURN Please )arprnt legibly, mswmg readability of all copies
Do not detach any copies MCSOSD EN V.# 1. PLAINTIFFIS/
Z COURT NUMBER
NICHOLASSS?II$____ I 99-4611. CpiMVt.lry7
3. DEFENDANT/S/ -- - --?- - ? ? , 4PC ] fl Ft A E7P COMAtLRAIINT 8 1 n L
GUI-RE, -et al. i Uv' it ACtio_ ln: 1 ___
SERVE 5 NAME OF INDIVIDUAL COMPANY CORPORATION ETC TO SERVICE OR DE SCRIPT ION OF PROPF FIT Y TO BF I EVIF D. ATTACHED OR SOLD
10 •TAa rienne -McGuire
6 ADDRESS (Street or RFD. Apartment No Gly. Does Twp Slate and ZIP Cade)
AT 20 a- onn 501, _Km;ASle_SQw-n.-?A 1805
7. INDICATE SERVIgE; ?PERSQNAL Z3 PERSON IN CHARGE-GE eEPtlTIZEQJ]AblaiSr4a OdEG18iEHED VIAILIC FIRST CCASSMAIL OPOSYED
Now, 1 -2 ,SHERIFF OF fOUNTY PA do hereby deputize the Sheriff of
Monron County to execute this Writ and make return thereof according
'to law. This deputation being made at the request and risk of the plaintiff.
B SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Cumberland
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION N B WAIVER OF WATCHMAN - Any deputy snenfl levying upon or allaUing any property under within
J writ may leave same without a watchman, n) custody Of whomever is found in possession. alter notifying person of levy or attachment, winlout liability on the
pelf of such dap( ly Or the sheriff to any plaintiff herein for any loss. deslruChon or removal of any such property before Sherd( s sale thereof
9-SI TUURRE of ATTORNEY or other ORIGINATOR requesting service on benax of r10 7[LEPHONE NUMBER -rl DATE -
t. _ '? / I. CXPLAI....
t j ; / ? DEFENDANT 215-884 4000 5/11 /00
SP _E _BELOW FOR US OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
- - _I --
- - -- -
1r lacknowleage recelpl the wen SIGNATURE of Aumonmd MCSD Depmy o CIr k and tole Ia Dale Received w E,pualov Hennn9 date
or complaint as mdica dabove { Dab ]Crow, Clerk 5/5. 6/5 00
q __ _-_.
15 1 hereby CERTIFY and RETURN that I L have personally served, El have served peBon in charge,? have legal evidence of service as shown In"Remarks"(on reverse)
C have posted the above described property with the writ or pomplaint described on the individual, company, corporation, etc., at the address shown above or on
the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY thereof.
18. O I hereby cavity and return NO SERVICE because I am uoe Ie to locate the individual, company, corporation, etc., named above. (See remarks below)
11 Name and bile OI individual served t rx a a o I lame Ih aql- da a cru?Reatl Older
In I q ?
Mariana. McGuire_ _ nI ql had.
r. 19 Address of where served (complete only 11 ddlerent than Shownabovcll9reelol RFD Apartmenl NU (,it, Bnro,lwp. Ire Dateol Selv?Ce al Time
Slate and ZIP Code) Office of Monroe County Sheriff 72le
Monroe COun
ty Courthouse Room 122 ? 1242PM Stroudsburg, PA 183602189 -0°- - - --
-» ATTEMPTS - Dala Miles DepInf. Date Mlles I? DepAril.I Date Miles Dep. Int l Dale Miles ` Dep. Int. Date Miles Dep. Ind.
. I- -- f+ I I 1- ? 1? I--
aa Advance COSIe Ipr Total costs 1 COST DUE OR REFUND
100.OC I
-----_----?-?---__._T ?-_ - --_--___ _ $20.7.0_YD_PLPF-•--_L_£79.30__REFItNI) -
rIr %
AFFIRMED and subscribed to before me this, . 256R' SOANSWER
Dale ? '2000 Paula R. Hallo day of ck, Deputy Sheriff
Signature of Snenll Dale
7
Pr/nofa /Oe?rylNOlar P h c _- _-_.__ - _ _
Y eHERlif qr?MONROE COUNTY
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE (1? ,9 Dale Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1
SHERIFF'S RETURN OF SERVICE
( ) (1) The
upon .---------__-____.---__------------- --._.__ the within named
defendant by mailing to
_____.___----..---.-__---__-_-_.__
by mail return receipt requested postage
( ) (2)
prepaid.-------- --- on_the---- --------------?
a true and attested copy thereof at
The return receipt signed by
defendant on the
made a part of this return.
Outside the Commonwealth
and attested copy thereof at
pursuant to Pa. R.C P.405 (c) (1) (2),by mailing a true
in the following manner:
( ) (a) To thedefendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the - ,
said receipt being returned NOT signed bydefendant, but with a notation bythe
Postal Authorities that Defendant refused to accept the same. The returned
receipt and envelope is attached hereto and made part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with
the return address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not
received said envelope back from the Postal Authorities. A certificate of mailing
is hereto attached as a proof of mailing.
( ) (3) By publication in the Monroe Legal Reporter, aweekly Publication ofgeneral circula-
tion in the County of Monroe, Commonwealth of Pennsylvania, and the Pocono
Record, Inc.. a daily newspaper published in the County of Monroe, Commonwealth
of Pennsylvania and having general circulation in said County for
successive weeks of
from said Monroe Legal Reporterand Pocono Record
made part of this return.
( ) (4) By mailing to -- -- ----- -
The Affidavits
Inc., are hereto attached and
by mail, return receipt requested, postage prepaid,
--- ---- --- ---- - - on the ---- ---
a true and attested copy thereof at ------ -
The
Authorities marked
is hereto attached.
( ) (5) Other
is hereto attached and
returned by the Postal
GORDON 6t BALES, P.C.
BY: TODD M. BALES, ESQUIRE
IDENTIFICATION NO.: 64465
801 OLD YORK ROAD
SUITE 313, NOBLE PLAZA
JENKINTOWN, PA 19046
(215) 8844000
ATTORNEY FOR PLAINTIFF
Nicholas Tsamis
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICHOLAS TSAMIS
Plaintiff
V.
MARIANNE McGUIRE, RICHARD RAYMON DRIES
And NANCY J. HAMMERSTEIN
Defendants
CIVIL ACITON
NO.: 99.4811
PRAECIPE TO SETTLE DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above captioned case, settled, disco mud and ended.
TODD M. BALE ESQUIRE
ATTORNEY FOR PLAINTIFI
NICHOLAS TSAMIS
c.
.-'. -
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