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HomeMy WebLinkAbout03-4985 Benjamin D. Andreozzi, Esquire Attorney 1. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff TODD HOSTETTER, 2101 Princeton Avenue Camp Hill, PA l70ll, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW FRANKCAVATAIL 5224 Stewart Drive Mechanicsburg, PA 17055 and COMMONWEALTH OF PENNSYL VANIA: NO. DEPARTMENT OF TRANSPORTATION, Commonwealth Keystone Building, 9th Floor 400 North Street Harrisburg, PA 17120-0041, Defendants 03 - J./9AS C. lJiL T ffl..n1 : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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, PAl 70 13 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en fonna escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIAT AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCVENTRA ESCRlT A ABAJO PARA A VERIGUAR DONDE SE PVEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff TODD HOSTETTER, 2101 Princeton Avenue Camp Hill, PA 170]], Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW FRANKCAVATAIL 5224 Stewart Drive Mechanicsburg, PAl 7055 and COMMONWEALTH OF PENNSYLVANIA: NO. DEPARTMENT OF TRANSPORTATION, Commonwealth Keystone Building, 9th Floor 400 North Street Harrisburg, PA 17120-0041, Defendants 0::1- If "1'K..6" : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Todd Hostetter, by and through his counsel, Goldberg, Katzman and Shipman, P.C., who files the following Complaint averring: 1. Plaintiff Todd Hostetter is an adult individual residing at 2101 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 2. Defendant Frank Cavatail is an adult individual who to all belief and knowledge resides at 5224 Stewart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Commonwealth of Pennsylvania, Department of Transportation is a Commonwealth agency with a mailing address of Commonwealth Keystone Building, 9th Floor, 400 North Street, Harrisburg, Dauphin County, Pennsylvania 17120-0041. 4. On or about February 18, 2003, Plaintiff was operating a 1999 Ford F150 pickup truck which he owned. 5. On or about this date at approximately 4:30 p.m., Plaintiff was operating the aforesaid vehicle on Hummel Avenue in Lemoyne, Cumberland County, Pennsylvania. 6. At or about this time, Defendant Cavatail was operating a blue 1997 Ford Taurus, owned by Commonwealth of Pennsylvania, Department of Transportation, and was traveling behind Plaintiff. 7. At or about this time, Plaintiff activated his right turn signal indicating an intention to turn right into the Whitehill Cafe parking lot. 8. Due to the fact that there was significant snow accumulation, Plaintiff was forced to travel slightly to the left before attempting the right hand turn into the Whitehill Cafe parking lot. 2 9. As Plaintiff attempted the right hand turn into the Whitehill Cafe parking lot, the vehicle driven by Defendant Cavatail struck Plaintiff's vehicle. COUNT I Nee1ieence Todd Hostetter v. Frank Cavatail 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if set forth herein at length. 11. At all times relevant hereto, Plaintiff Todd Hostetter was the owner and operator ofa 1999 Ford F150 pickup truck. 12. At all times relevant hereto, Defendant Frank Cavatail was the operator ofa 1997 Ford Taurus. 13. Defendant Cavatail negligently and carelessly operated his vehicle so as to cause it to collide with Plaintiff's vehicle. 14. Defendant Cavatail was negligent in: a. failing to properly control his vehicle; 3 b. failing to bring his vehicle to a stop within an assured clear distance ahead; c. failing to keep a safe distance behind the vehicle in front of him; d. traveling at a speed too fast for the conditions; e. failing to keep a proper lookout for traffic; 15. As a result of the aforesaid negligence, Plaintiff's vehicle suffered damages in the amount of$I,521.44. 16. The aforesaid actions of Defendant Cavatail were the direct and proximate cause of the damages to Plaintiff's vehicle. WHEREFORE, Plaintiff Todd Hostetter demands judgment against Defendant Frank Cavatail in the amount of$I,521.44. COUNT n Neeli~ence Todd Hostetter v. Commonwealth of Pennsvlvania. Department of Transportation 17. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 16 as if set forth herein at length. 4 18. At all times relevant hereto, Defendant Frank Cavatail was an employee of Defendant Commonwealth of Pennsylvania, Department of Transportation. 19. At all times relevant hereto, Defendant Cavatail was traveling in the course and scope of his employment with Defendant Commonwealth of Pennsylvania, Department of Transportation. . 20. Defendant Commonwealth of Pennsylvania is vicariously liable for the actions of Defendant Cavatail. 21. The actions of Defendant Cavatail were negligent in: a. failing to properly control his vehicle; b. failing to bring his vehicle to a stop within an assured clear distance ahead; c. failing to keep a safe distance behind the vehicle in front of him; d. traveling at a speed too fast for the conditions; e. failing to keep a proper lookout for traffic; 22. As a result of the aforesaid negligence, Plaintiff's vehicle suffered damages in the amount of$I,521.44. 5 23. The aforesaid actions of Defendant Cavatail were the direct and proximate cause of the damages to Plaintiff's vehicle. WHEREFORE, Plaintiff Todd Hostetter demands judgment against Defendant Commonwealth of Pennsylvania, Department of Transportation in the amount of$I,521.44. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: 6 Benjamin D. re ., Esquire Attorney I. . N . 89271 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff DATE: q / /.Vd3 99765.1 6 VERIFICA TION I, TODD HOSTETTER, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ~~r/.&.~ DATE: 8(9.1/03 ~ 'is ( i ~ 0 f". a ., ..... f'- -.I::: '-J cg -u .c: ~ ?J ~ OJ f- r; '---'..... 6"- () VI Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Din~ctDiaI717-783-3148 TODD HOSTETTER COURT OF COMMON PLEAS OF CUMBERLAl\D COUNTY, PENNSYLVANIA Plaintiff v FRANK CA V ATAIL, and COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION NO. 03-4985 CIVIL TERM Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendants, Frank Cavatail (Cavataio) and Commonwealth of Pennsylvania, Department of Transportation in the above-captioned matter. Respectfully submitted, D. MICHAEL FISHER Attorney General By: J TARK ID #51786 enior eputy Attorney General DATED: September 30, 2003 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS M4IL POSTAGE PREPAID ADDRESSED AS FOLLOWS: BENJAMIN D. ANDREOZZI, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA 17107-1268 (717) 234-4161 (Attorney for Plaintiff) By: ARK ID #51786 uty Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: September 30, 2003 o c .,. ~fri rnrTI Z::l.' <:t;: (/'J,. -<"",'- r;:C1 S:C. .....-'f'") 5>(=; ;:;: :.? . o w o n --; I o -11 :-:1 :~JJ . 'r- -:~-j~ <::,~ ~~J '.'-.,-', :.~:~~ c5fT1 ---{ ?o -< -0 ::;:: ::? "... .1"" SHERIFF'S RETURN - REGULAR CASE NO: 2003-04985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLM~D HOSTETTER TODD VS CAVATAIL F~K ET~L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAVATAIL F~K the DEFENDANT , at 1541:00 HOURS, on the 25th day of September, 2003 at 5224 STEWART DRIVE MECHANICSBURG, PA 17055 by handing to SUZANNE CAVATAIO, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.28 .00 10.00 .00 36.28 .r'~~c~ R. Thomas Kline 10/07/2003 GOLDBERG KATZMAN SHIPMAN Sworn and Subscribed to before By: ~F/4r Deputy Sheriff me this = II' - day of 0..:t.L. . :l1J1J,3 A. D . ( l. b~ 0, -rK,;lf". # . "--1"1rothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04985 P COMMONWEALTH OF PE1~SYLVANIA: COUNTY OF CUMBERLAND HOSTETTER TODD VS CAVATAIL F~K ET J_L 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF T~SPORTATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co So answers: 6.00 9.00 10.00 25.50 .00 50.50 10/07/2003 GOl,DBERG KATZMAN R. Thomas Kline Sheriff of Cumberland County SHIPMAN Sworn and subscribed to before me this /5<t' day of ()~ ;lvo3 A.D. C }~'fL () nw.b ~ Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Todd Hostetter VS. Frank Cava tail et al SERVE: Cannonwealth of Pennsylvania Department of Transportation No. 03-4985 civil Now, September 24, 2003 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r'J;?:tC~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ - $ @ttitt of tlt~ ~4~riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HOSTETTER TODD Connty of Dauphin vs DEPARTMENT OF TRANSPORTATION Sheriff's Return No. 2549-T - -2003 OTHER COUNTY NO. 03 4985 AND NOW:October 2, 2003 at 11:15AM served the within NOTICE & COMPLAINT upon DEPARTMENT OF TRANSPORTATION by personally handing to SANDRA KELLY (SUPERVISOR) 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 400 NORTH STREET HARRISBURG, PA 17125-0000 before me this 2ND POf OCTOBER, ~ . '\ +N1Al/W.....' 2003 So Answers, JR~ Sworn and subscribed to ~c:-. PROTHONOTARY Sheriff of Dauphin County, Pa. By ~AI_~ 1 Deputy :h~ Sheriff's Costs: $25.50 PD 10/01/2003 RCPT NO 183250 HOPKINS . Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 TODD HOSTETTER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. FRANK CAVA TAIL, and COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION NO. 03-4985 CIVIL TERM Defendants NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, By: D. Michael Fisher Attom"'''''''''"u ID #51786 uty Attorney General DATED: October 21,2003 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 TODD HOSTETTER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. FRANK CAVA TAIL and COMMONWEALTH OF PENNSYL VANIA: DEPARTMENT OF TRANSPORTATION NO. 03-4985 CIVIL TERM Defendants COMMONWEALTH DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendants Frank Cavatail (Cavataio) and Commonwealth of Pennsylvania, Department of Transportation, by and through the Office of Attorney General, file the following Answer and New Matter to Plaintiff's Complaint: 1. It is admitted only that Todd Hostetter is named as the plaintiff in this action. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining ave:rments. 2. The correct spelling of Defendant Frank Cavatail's name is Cavataio, not Cavatail. Also, he lives on Stuart Drive not Stewart Drive. 3. Admitted. 4. It is admitted only that the Plaintiff was operating a 1999 Ford on February 18,2003. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments. 5. It is denied that accident occurred at approximately 4:30 p.m.. It is believed and therefore averred that the accident occurred at 3:35 p.m. It is admitted the accident occurred along Hummel Avenue. It is believed the accident occurred not in Lemoyne, but in Lower Allen Township. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments. 6. Admitted and denied. It is specifically denied that Defendant Cavataio was traveling behind the Plaintiff at the time of the accident. 7. Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the tmth of these averments. 8. Denied. It is specifically denied that the Plaintiff was forced by significant snow accumulation to travel slightly to the left before attempting a right hand turn into the White Hill Cafe parking lot. Plaintiff turned right off the bridge and into the left turning lane, and was in the left turning lane on Hummel Avenue before attempting a right hand turn. 9. Denied. It is specifically denied that as Plaintiff att'~mpted the right hand turn into the White Hill Cafe parking lot, the vehicle driven by Defendant Cavataio stmck Plaintiffs vehicle. It is believed and therefore averred that Plaintiff attempted an improper right hand turning maneuver while in the left lane. At the time ofthe accident the vehicle driven by Defendant Cavataio was stationary and was struck by the Plaintiff. Count I Negligence Todd Hostetter v. Frank Cavataio 10. The Commonwealth Defendants incorporate by reference their answers to paragraphs 1- 9 as if fully stated fully herein at length. 11. It is believed that Plaintiff was the operator, at the relevant time, ofa 1999 Ford. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments. 12. Admitted. Please also see answer to paragraph 5 above. 13. Denied. It is specifically denied that the Commonwealth Defendant was negligent and careless in any manner with respect to Plaintiff s alleged cause of action, or that such alleged negligence and carelessness caused his vehicle to collide with Plaintiffs vehicle. It was Plaintiff s actions which caused the collision. 14. Denied. It is specifically denied that the Commonwealth Defendant was negligent in any manner with respect to Plaintiffs alleged cause of action or in the following respects: a. failing to properly control his vehicle; b. failing to bring his vehicle to a stop within an assured clear distance ahead; c. failing to keep a safe distance behind the vehicle in front of him; d. traveling at a speed too fast for the conditions; e. failing to keep a proper lookout for traffic. 15. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. 16. Denied. It is specifically denied that the Commonwealth Defendant was negligent and careless in any manner with respect to Plaintiffs alleged cause of action, or that such alleged negligence and carelessness was the direct and proximate cause of the damages to Plaintiff s vehicle. WHEREFORE, Defendants Frank Cavataio and the Commonwealth of Pennsylvania, Department of Transportation, respectfully request that judgm<:nt be entered in their favor and against all other parties. Count II Negligence Todd Hostetter v. PennDOT 17. The Commonwealth Defendants incorporate by reference their answers to paragraphs 1- 16 as if fully stated fully herein at length. 18. Admitted. The correct spelling of his name is Cavataio. 19. Admitted. 20. The averments in this paragraph of Plaintiffs complaint are legal conclusions requlnng no response. 21. Denied. It is specifically denied that the Commonwealth Defendant was negligent in any manner with respect to Plaintiffs alleged cause of action or in the following respects: a. failing to properly control his vehicle; b. failing to bring his vehicle to a stop withln an assured clear distance ahead; c. failing to keep a safe distance behind the vehicle in front of him; d. traveling at a speed too fast for the conditions; e. failing to keep a proper lookout for traffic; 22. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. 23. Denied. It is specifically denied that the Commonwealth Defendant was negligent and careless in any manner with respect to Plaintiffs alleged cause of action, or that such alleged negligence and carelessness was the direct and proximate cause of the damages to Plaintiffs vehicle. WHEREFORE, Defendants Frank Cavataio and the Commonwealth of Pennsylvania, Department of Transportation, respectfully request that judgment be entered in their favor and against all other parties. NEW MATTER 24. The present action is controlled by the provisions of 1 Pa. C.S. 92310 and Act No. 1980-142, set forth in 42 Pa. C.S. 998501, et seq., which Acts are incorporated herein and pled by reference. The Commonwealth Defendants assert all the defenses contained therein. 25. The Commonwealth parties are immune from suit. It is also immune pursuant to I Pa. c.s. 92310, and this action is not within any of the exceptions to immunity as set forth in 42 Pa. C.S. 98522, and therefore this action is barred. 26. The Commonwealth Defendants maintains that they cannot be sued for discretionary functions, and therefore these causes of action are barred. 27. Should liability be found on the part of the Commonwealth Defendants, the amounts and types of damages recoverable in the present action are limited and controlled by 42 Pa. C.S. 98528. 28. The Commonwealth Defendants assert all defenses available to them under the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. section 1701 et seq., and any successor statute and claims any defenses which may be available pursuant to said Act. 29. Plaintiffs knowing and conscious assumption ofthe risk led to any resulting damage and is a bar to recovery. 30. Plaintiff has not complied with the requirements of 42 Pa. C. S. 95522(a). 31. The causal negligence of the Plaintiff is greater than any negligence on the part of the Commonwealth Defendants, and Plaintiffs recovery is therefore barred, or, in the alternative, must be diminished in accordance with the Pennsylvania Comparative Negligence Act. 32. The Commonwealth Defendants are specifically ~ntitled to the defenses set forth in 42 Pa. C.S.A. ~8524, which section is incorporated herein and pled by reference. 33. The Commonwealth parties are absolved from liability because any negligence alleged on its part merely facilitated Plaintiffs damages. 34. The Plaintiff consented to the circumstances which caused the accident. 35. Defendant Cavataio is a "Commonwealth party" as defined by 42 Pa. C. S. ~8501 and enjoys the protection of sovereign immunity. WHEREFORE, Defendants Frank Cavataio and the Commonwealth of Pennsylvania, Department of Transportation, respectfully request that judgment be entered in their favor and against all other parties. Respectfully submitted, D. MICHAEL FISHER Attorney Gem:ral S' ID #51786 . uty Attorney General DATED: October 21,2003 VERIFICATION I, Jay W. Stark, Senior Deputy Attorney General, in my capacity as counsel for PennDOT in the within action, hereby verify that the foregoing statements are true and correct to the best of my knowledge, information and belief. M Dated: October 21, 2003 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing clocument(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: BENJAMIN D. ANDREOZZI, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 MARKET STREET P.O. BOX 1268 HARRISBURG, PA 17107-1268 (717) 234-4161 (Attorney for Plaintiff) By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: October 21, 2003 0 ("" .-') c) fr: i ..J :<:;; "> <- c; r,: r: ( , .- .:<- , -2 r:- ~~! CJ Benjamin D. Andreozzi. E uire Attorney I. D. No. 89271 GOLDBERG, KATZ & SHIPMAN, P.C. 320 Market Street P.O, Box 1268 Harrisburg, P A 17108-126 Telephone: (717) 234-4161 Attorney for Plaintiff TODD HOSTETTE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW FRANKCAVATAI COMMONWEALT OF PENNSYLVANIA, EPARTMENT OF : NO. 03-4985 Civil Term TRANSPORT ATIO Defendants : JURY TRIAL DEMANDED PRAECIPE TO AMEND CAPTION Please amend he caption in the above-referenced matter to reflect the proper spelling ofthe Defendants, Frank Ca ataio and Commonwealth of Pennsylvania, Department of Transportation Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. By: DATE: 102165, I \oJd.~/o) 320 Market Street P. 0, Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 2:34-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY ERTIFY that I served a true and correct copy of the foregoing document upon all parties or c unseI of record by depositing a copy of s,ame in the United States Mail at Harrisburg, Pennsyl nia, with first-class postage prepaid on the D cl-n~tr 'O-a> day of , 2003, addressed to the following: Jay W. Stark, Senior Deputy Attorney General Commonwealth of Pennsylvania Office of Attorney General Torts Litigation Section 15'" Floor, Strawberry Square Harrisburg, PA 17120 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By B""t/k !rey6i, "I""" Attorney I. D. ~89 1 320 Market St~ P.O, Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff , o c S "1Jb3 mrn z:r.l z..;- ~~;: ~C: :ec 6C :>>c: z =< o <-'" D (""> -I N \D -n :Z r;-:> U'l (=> CJ -<i1 -,-t...... .1,~'~ .>,;\:!j \,:, .:J-1, ~:~!ZS (jm -I ~ -< Benjamin D. Andreozzi. Esquire Attorney L D, No, 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P,O, Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff TODD HOSTETTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW FRANK CA V AT AI and COMMONWEALT OF : NO. 03-4985 Civil Term PENNSYLVANIA, EPARTMENT OF TRANSPORT ATIO Defendants : JURY TRIAL DEMANDED TIFF'S ANSWER TO DEFENDANTS' NEW MATTER 24-35. Denie . The averments contained in this paragraph are conclusions oflaw and fact to which no response is required, If a response is deemed to bt: required, the averments contained therein are specificall~ denied. WHEREFO+, Plaintiff Todd Hostetter demands judgment against Defendants Frank Cavataio and commfnwealth of Pennsylvania, Department of Transportation in the amount of $1,521.44, Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. By: DATE: /O?1;::'3 Benjamin D, reoz i, Esquire Attorney I. D No.8 71 320 Market tr . P. 0, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plai ntiff 102163.1 . CERTIFICATE OF SERVICE I HEREBY dERTIFY that I served a true and correct copy of the foregoing document upon all parties or cOfnsel of record by depositing a copy of same in the United States Mail at ~ d Harrisburg, Pennsylv1nia, with first-class postage prepaid on the ;l. q day of Uh 6 C/ I ' 2003, addressed to the following: Jay W. Stark, Senior Deputy Attorney General Commonwealth of Pennsylvania Office of Attorney General Torts Litigation Section 151h Floor, Strawberry Square Harrisburg, PA 17120 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~~~ <- Benjamin D. Andre z, Esquire Attorney L D. ~. 89 71 320 Market S/ree:t P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff , o c. :;?' ~~~r;, Z:T' zr:, ~~. r2t~ ?Zi:- 5>s;: .~ ~ o w o (") ..... v, c:> --0 :-1:: r:-i' t::" ~ .-.,~ ::~,~ ::}ij'~ "-~ic) :L :!l ';~;o <-rn ~~ J.> ~ TODD HOSTETTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 4985 CIVIL 2003 v. FRANK CAVATIO and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. TIlE JUDGES OF SAID COURT: Benjamin D. Andreozzi , counsel for the plainti~ in the above action (or actions). respectfully represents that: 1. The above-captioned action ~ ismxat issue. 2. The claim of the plaintiff in the action is $1.521.44 The counterclaim of the defendant in the action is None The following attorneys are interested in the case(1) as counselor are otherwise disqualified to sit as arbitrators: Benjamin D. Andreozzi; and Jay W. Stark WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, Respectful1~ .svbmitted, i_'/(.:>//'/_-)~____,_.. /' . Benjamin.;no 0 An An,d,)eozzi ORDER OF COURT L// _" in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. "- r-- ~ C3 I(G~ 1.~ B v Br r ~ -J:- '" t:.':.:.;} ,:::.:.0 ,;..1'"1 L ;:J:"r!-. Z '" co I~"\- ("..,) ...- o -11 :r! m:rl .:"r-;:; ,.~.J c.., ~~(l." ~r''';:' (-)::!J ."'...C') m t, C) cr P1ain1:iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA TODD HOSTETTER, v. NO. 4985 CIVIL 2003 FRANK CAVATIO and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Benjamin D. Andreozzi , counsel for the plaintitvlJelflMl'llt in the above action (or actions), respectfully represents that: 1. The above-captioned action ~ is mxOI issue. 2. The claim of the plaintiff in the action is $1.521 .44 The counterclaim of the defendant in the action is None The following attorneys are interested in the case(x) as counselor are otherwise disqualified to sit as arbitrators: Benjamin D. Andreozzi; and Jay W. Stark WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RespectfuIIy~bmitted, / ,/ ,/ / "., ",,/ ! Benjamin/I>. Andyeozzi ORDER OF COURT ( " AND NOW, ~ju~U{:I' 5 (le."'5,incons~nofthe foregoing petition, M d-tid J-t/~",.~ / Esq., ~~u./,eu.v Esq., and i~l.teP~ 50 ~If 4..-(, L';' , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. ~.~jJlcao~~~ B~) ;:r;;- ~ J~.~ ~ 0"~ () j ~ L~ L.-., ) I' PJ. T( Cf-\\:- -lA- - ~ Q () ---- '"Q ~ 'f'" V-' \) r r <::> ....;l Q J ~ '3~, <-- " ~ r-:? 0' C) ~ii ."" :l..-r'\ 1""'" tf, -c\..'"') '~"-:J .....i' S~\C; ~:"C:~\ i,,~(":::} <;S~" ......:J ~~<~ .' c"J ,$0- '::;:;1, ..c~ r.\..\i': .' ,_"" \ (<<\1 i{.,.... \..\::;,) '::\.. '... v ~n ..;.....' -------"-. ----- Plaintiff County, Pennsylvania No.~- '1<1S.s-' TODD f-\~)lttn;iL In The Court of Common Pleas of Cumberland f'RAr'JL (Av' ATi"\ I 0 L-vf [ .,........ .!J F pA- Defendant D2P-r ~ p f'ft-AJVS f"O fl-77'o 7'1'0 ^' , Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Civil Action - Law. v JPh~ Si e (24 ! I? Signature /11,-[ h"'t Ii StI.Uif Name (Chairman) {! !hz.IS-r () -p (krL r; (Z..I a;: Name ~s~~ ~Ht/..U{ll ~ ~~{J~~ Name O'(}'v. nt-OlL' 5,-~Uv Law Firm II/fM2-1'5MJ, DE7'i'fZ.pp':PF LawFinnt.<->JL--L-1A7'-15 " olTo Law Firm /q w. J,J~ StfVl {- Address /0 IF. !l1{71{ ST Address 4,+ S'. t-h."OJe.AC Sf Address u-/)15i, f"f\- )70/3 rAft.Us/.r' fA 11-of5 ~ri~) PA nOl3 City, Zip City, Zip City, Zip II- ... 1/?f3 "/~'I<7b /:l au., Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Par pJu.1'r.h'.(f-- ,'r, tz,,<- "W1""~ 1- oJ -# 7ftJ19. 72. . Arbitrator, dissents. (Insert name if applicable.) t!~tv ?f~E: Date of Hearing: rP' J): IJ 5'" Date of Award: (, , I j' tJ~ Notice of Entry of Award Now, the It/If: day of ~......... , 20 tJ5 , at .3~ f.l. , P.M., the above award was entered upon the docket and notice ereof gIven by maIl to the partIes or theIr attorneys. Arbitrators' compensation to be paid upon appeal: $ :2 90. vO /) By: -' Prothonotary Deputy 'fUA ~ ft: /3~,~"t,. j~~" Cf.t.s~ {. ~ 0 '" c = 0 =, ::"" <J1 -n j"; <- :r..,., , c:: z rn- r- -om Ul f3? '. "'''10 -ry ~~~ , =.:: .. w ~:; ; ,-I . :;;1 " .-1 , N 5; -< ~ I I>, OJ ..-.< ~ \ ~\ j;,.' Thomas E. Brenner. Esquire Goldberg Katzman, p,c. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Plaintiff TODD HOSTETfER, Plaintiff v. FRANK CAVATAIO and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4985 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please mark this action settled, discontinued and ended. Date: July 25, 2005 124407,1 GOLDB::r: Thomas E. BTt:nner, Esquire Attorney ID # 32085 Carly J. Wismer, Esquire Attorney ID 3 92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs RECEIVED Office of Attorney General JUL 2 112005 Torts litigation c:> c' ~, c.;;:.;;. ~ ':.1'1 c.. \"',,) C.:J N (,,) C"...: