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Home My WebLink About03-5200RENEE D'AGOSTINO, Plaintiff MAXINE SPANGLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. : CIVIL ACTION - LAW 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 THIS PAPER TO YOUR LAIFFER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 Richard E. FreebOrn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 171 l0 (717) 671-1955 I.D. #30965 Date: 9/30/03 Attorney for Plaintiff RENEE D'AGOSTINO, Plaintiff V. MAXINE SPANGLER, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : · CIVIL ACTION - LAW NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las pag/nas siguientes, usted t/ene viente {20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abo§ado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notiflcacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU A.BOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSF_~UIR UN ABO~ADO. SI USTED NO PUEDE PAGAR POR LOS SERVIClOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFIClNA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COS'lO A PERSONAS QUE CUALIFICAR. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Date: 9/30/03 Richard E. ~ FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 {717) 671-1955 I.D. #30965 Attorney for Plaintiff RENEE D'AGOSTINO, Plaintiff Vo MAXINE SPANGLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT AND NOW comes Plaintiff, Renee D'Agostino, by her attorneys, Freeburn & Hamilton, and files the following Complaint: 1. Plaintiff, Renee D'Agostino, is an adult individual who resides at 3 Randi Road, Enola, Cumberland County, Pennsylvania. 2. Defendant, Maxine Spangler, is an adult individual who resides at 335 Wesley Drive, Apt. 522, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about April 17, 2002 at approximately 1:05 p.m. in the eastbound lane of Gettysburg Road, SR 2027, Lower Allen Township, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff was driving her automobile in the eastbound lane of Gettysburg Road, SR 2027, and was stopped to make a left turn with her left turn signal activated. 5. At or about that time and place, Defendant was driving her automobile in the eastbound lane of Gettysburg Road, SR 2027, behind Plaintiff. 6. At or about that time and place, Defendant failed to stop her vehicle, and the front of her vehicle violently collided with the rear of Plaintiffs vehicle. 7. By reason of the aforesaid collision, Plaintiff, Renee D'Agostino, suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, injuries to her right shoulder and neck. 8. By reason of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 9. The aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 10. By reason of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 11. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 2 12. By reason of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which he might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 13. By reason of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 14. By reason of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 15. As a result of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 16. As a result of the Plaintiff, Renee D'Agostino, she aforesaid collision and injuries suffered by has been subjected to severe humiliation, embarrassment, shame, worry and anger. 17. As a result of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 3 18. As a result of the aforesaid collision and injuries suffered by Plaintiff, Renee D'A§ostino, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 19. By reason of the aforesaid collision and injuries suffered by Plaintiff, Renee D'Agostino, she has been deprived her enjoyment of the pleasures of life. 20. Plaintiff, Renee D'Agostino, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 21. As a result of the aforesaid accident, Plaintiff, Renee D'Agostino, she has suffered a disfigurement, and claim is made therefore. 22. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiff are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Maxine Spangler, operated her motor vehicle as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances; b. In failing to apply her brakes in time to avoid the collision; c. In negligently applying her brakes; d. In failing to observe plaintiffs vehicle on the highway; e. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; f. In permitting or allowing her vehicle to strike and collide with the rear of the vehicle operated by plaintiff; 4 go In failing to exercise a high degree of care required of a motorist entering an intersection; In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; In falling to properly observe traffic signals controlling defendant's direction of travel; In falling to keep a reasonable look-out for other vehicles lawfully on the road; In operating her vehicle without keeping it in proper state of repairs; and In failing to maintain her vehicle in a proper manner. 23. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff, Renee D'Agostino, from personal injury, and thus constitutes negligence per se. 24. Plaintiff is entitled to recover non-economic damages because at the time of this accident, she was an insured under an automobile insurance policy that provided the full tort option. WHEREFORE, Plaintiff, Renee D'Agostino, demands judgment in her favor and against Defendant, Maxine Spangler, in an amount in excess of TWENTY-FIVE THOUSAND interest and costs and in compulsory arbitration. & 00/100 ($25,000.00) DOLLARS, exclusive of excess of any jurisdictional amount requiring 5 Date: ~/30/03 By: Respectfully Submitted, FREEBURN & HAMILTON Richard E. I.D. No. 30965 4415 North Front Street Harrisbur§ PA 17110 (717) 671-1955 Counsel for Plaintiff 6 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: RENEE D'AGOSTINO, Plaintiff MAXINE SPANGLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5200 Civil Term : : CIVIL ACTION - LAW TO: Prothonotary PRAECIPE Kindly reinstate the Complaint in this matter. Dated: 10/28/03 Respectfully submitted, FREEBURN & HAMILTON By: Ri ha~.rd ~E. F~n, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiff ,.o POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 ~,ENEE D'AGOSTINO ViAXINE SPANGLER Plaintiff, Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-5200 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Maxine Spangler, in the above. captioned matter. POST & SCHELL, P.C. paUl W. Grego Attorney for Defend~t CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby :ertify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: Richard E. Freebum, Esquire FREEBURN & HAMILTON 4415 North Front Street Handsburg, PA 17110 SA-'I~DRA MORALES -2- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05200 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND D'AGOSTINO RENEE VS SPANGLER MAXINE R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SPANGLER MAXINE but was unable to locate Her deputized the sheriff of YORK serve Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On December 16th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 28.96 Mileage 8.28 74.24 '12/16/2003 FREEBURN & HAMILTON R.~Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of~ P~o~honot ar~) SHERIFF'S RETURN - REGULAR CASE NO: 2003-05200 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND D'AGOSTINO RENEE VS SPANGLER MAXINE SGT DAVID ZEIGLER Cumberland County,Pennsylvania, who being duly says, the within COMPLAINT & NOTICE was SPANGLER MAXINE Sheriff or Deputy Sheriff of sworn according to law, served upon the DEFENDANT at 0845:00 HOURS, on the 26th day of November , 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to BARBARA SUMPLE SULLIVAN, POWER OF ATTORNEY, ATTORNEY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Additional Comments ATTORNEY BARBAP~A SUMPLE SULLIVAN AND JOHN DP~AKE (DEFT'S SON) ARE BOTH POWER OF ATTORNEY FOR DEFENDANT. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this [~ day of So Answers: R. Thomas Kline 28 EABT MARKET ST.. YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN Renee D'Agostino IHS~CTIONS PLF. AS~ TYPE ONLY UNE I THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER 03-5200 civil 4 TYPe OF WRIT OR COMPL~,NT Notice &Ccmplaint, Req for Pr~ Nax/ne Spangler of Doc~nent,~, SERVE (' 5 NAME~F~N~V~UALc~MPANY~RP~RATi~N~ETC~T~SER~E~RDES~RiPT~N~FPR~PERTYT~sELE~ED~Al-~ACHED'~RS~LD. Maxine Spangler 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY. BORe. ~NR. STATE AND ZIP CODE) AT c/o John S. Drake III 700 Salem Road ~ot 73 Etters, PA 17319 7. INDICATE SERVICE: X~ PERSONAL d PERSON iN CHARGE [~ DEPUTIZE.~J_~.=Q RT. AiL L~ 1ST CLASS MAIL '2 POSTED LJ OTHER NOW October 9 , 20 03 ~, SHERIFF (~II~UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute~J~Wr' .~z~__ake return t.~e~., ccordin9 to law. This deputization being made at the request and risk of the plaintiff. SHERIFF 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ** PERSONAL SERVICE ONLY ** OUT OF COUNTY ADVANCED FEE PAID BY ATTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff ,evying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before sheritCs sale thereof. g. TYPENAMEandADDRESSofA~FORNEY/ORIGINATORandSIGNATURE I10. TELEPHONE NUMBER Itl. DATEFILED RICHARD FREEBURN 4415 N. FRONT ST. lqgc.~ PA 17110 671-1955 10-1-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERL~DCO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14 DATE RECEIVED 15. Expiration/Heabeg Dar or complaint as indicated above. R. AHRENS 10-14-03 10-31-03 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELC 17. Q I hereby cettity and return a NOT FOUND because I am unable to locate the individual company, etc. name above. (See remarks be~ow.) 18 NAME AND TITLE OF INDIVIDUAL SERVED / MST ADDRESS HERE IF NOT SHOWN ABOVE (Re,ationship to Defendant) 21. A1~FEMPTS ~T~s ~1 Date Time Mi,es Int. ]Date Time Miles Int. I Date Time Miles 22. REMARKS: 23. Advance Costs 75.00 34. Foreign County Costs I 35. Advance costs I 36. Service Costs I 37. Notary Ced I 30. 3 41 AFFIRMED a ' loc · this 2. day of HOTARIAI~.-~E"~-;l~d ~) P.~-': ~i~NITA .~ Dap. Shedff MEL SSA J SHAFFER, Not~cT~-~Y'~46 SianatureofYork ] City of York. York County ~ ' Co~ntySheriff My Commission Expires April 20 2006 ..~.~ ., ,20?0 J WILLIAM M. 48. Signature of Foreign 50 I AC~WLEDGE RECEIPT OF THE ~E~F~'~'RN/SIGNATURE OF ~UTHORIZED ISSUING AUTHORITY AND ~T~E 1 WRITE - issuing Authority 2 PINK - Attorney 3 CANARY -Shedffs O~ce 4, BLUE - Sheriff's Office 24. Service Costs 25. N/F~ 26. Mileage 27. Postage 28. Sub Total 29. Pound I 30. 9.00 5.0(~ 12. 96 2 6.96 2.00 HOSE 19. Date of Service 20 Time of Service Int. I Date Time Mi,es int. )Date Time Miles I SO ANSWERS 45. DATE 47. D~E 12-3-03 49. DA~ 51 DATE RECEIVED RENEE D'AGOSTINO, Plaintiff MAXINE SPANGLER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5200 Civil Term CIVIL ACTION - LAW TO: Prothonotary PRAECIPE Kindly mark the above-captioned matter settled and discontinued. By: Respectfully submitted, FREEBURN & HAMILTON Richard E. ~F-~e~/ur~, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Date: 1/6/03 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been duly served on the following this 6th day of January, 2004, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Paul W. Grego, Esquire Post & Schell PO Box 10248 Lancaster PA 17605-0248 BY: Georgia'ne J. t~ss, Assistant to Richard E. Freeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 {717) 671-1955 Dated: 1/6/04 Attorney for Plaintiff