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HomeMy WebLinkAbout08-0124 SPERO T. LAPPAS, Esquire Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 ATTORNEY FOR THE PLAINTIFF IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY DENISE ROBERTS, MARKROBERTS, A MINOR, BYDENISE ROBERTS HIS PARENT AND NATURAL GUARDIAN Plaintiffs V. DEBORAHPATTON, Defendant CIVIL ACTION -- LAW NO. 08-10Jq JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD 1 , ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 N02YCLI USTED LE HAS SIDO DEMANDADO EN EL TRIBUNAL. Si desea alegar defensa alguna a las reclamaciones expuestas en las paginas siguientes, usted debe it a la audienca. Advertencia: de no comparecer ante dicho tribunal, su caso sera decidido en su ausencia y, sin mas notificacion, el tribunal puede dictaminar un Decreto contra usted por cualquiera reclamacion o compensacion alegada en lla Peticion. Usted puede perder dinero o propiedad u otros derechos importantes a usted. LLEVE ESTOS DOCUMENTOS A SU ABOGADO EN SEGUIDA. SI NO TIENE UN ABOGADO 0 NO TIENE CON QUE PAGAR TAL SERVICIO, VISTE 0 LLAME A LA SIGUEINTE DIRECCION. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SPERO T. LAPPAS, Esquire Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania. 17110 (717) 540-9170 ATTORNEY FOR THE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DENISE ROBERTS, MARK ROBERTS, A MINOR, . BY DENISE ROBERTS HIS PARENT AND NATURAL GUARDIAN Plaintiffs V. CIVIL ACTION -- LAW NO. oy- ?z y 7-,.- DEBORAH PATTON , JURY TRIAL DEMANDED Defendant . COMPLAINT AND NOW, comes the Plaintiff by and through SPERO T. LAPPAS, Esquire, and makes this Complaint against the above captioned Defendant(s), respectfully representing as follows: 1. The Plaintiff DENISE ROBERTS is an adult individual. MARK ROBERTS is a minor who brings this action by his parent DENISE SERRATELL4 SC= , BROWNAND CALHOON P.C. SPERO T. LAPPAS Dquire Pd t ROBERTS. 2. The Defendant DEBORAH PATTON is an adult individual residing at 1011 MCCAB ROAD, LANDISBURG, PA. 17040.. 3. On or about MARCH 3, 2006 the Plaintiff was driving an automobile at or around the vicinity of SILVER SPRINGS TOWNSHIP, CUMBERLAND County, Pennsylvania. 4. At or about that time, date and place, a vehicle being driven by the Defendant violently collided with the vehicle occupied by the Plaintiff. 5. This incident was caused solely by the negligence, carelessness, lack of due care, recklessness, and other wrongful conduct of the Defendant inter alia in that: a. The Defendant failed to have his/her vehicle under proper control. b. The Defendant failed to make necessary observations while operating the vehicle. C. The Defendant failed to stop his/her vehicle so as to SERRA=1, SCI- MAN= BROWNAND CALHOON P.Ci. SPERO T. LAPPAS Esquire Page 2 avoid the collision. d. The Defendant failed to follow rules of the road. e. The Defendant failed to maintain proper speeds under existing conditions. f. The Defendant was driving while she was intoxicated to the point that she was incapable of safe driving. 6. As the direct, legal, and proximate result of the Defendant's negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, the Plaintiff suffered and continues to suffer damages and injuries including the following, some or all of which are or may be continuing or permanent in nature: a. The Plaintiffs sustained physical injuries, damages, and losses, including physical and mental pain and suffering. b. The Plaintiffs incurred medical expenses and other expenses related to the incident. C. The Plaintiffs has lost earnings and/or earning capacity. d. The Plaintiffs were required to undergo medical care. SERRATELLI SCHIlM , BR0WNAND CALHOON PC SPERO T. LAPPAS Fsgkire PaP3 e. The Plaintiffs were required to incur costs and/or to expend money on medical care, health care, and incidental expenses. f. The Plaintiffs were for a time partially disabled. g. The Plaintiffs suffered grave and severe physical injuries. h. The Plaintiffs suffered great and severe physical and emotional pain, suffering and upset. i. The Plaintiffs have been prevented from taking part in and performing the activities of employment, home life, personal life and social and recreational activities. j. The Plaintiffs have been forced to undergo great and substantial inconvenience, aggravation, and loss of life's pleasures. 7. All items of damages, injuries and losses described elsewhere in this complaint are the direct, legal, and proximate result of the negligence, carelessness, recklessness and other wrongful acts of the defendant. SERRATELL4 SCHIFF BROWNAND CALHOON P.Ci. SPERO T. LAPPAS Esquire Payu 4 COUNT 1: DENISE ROBERTS v. DEBORAH PATTON 8. All other parts of this Complaint are hereby incorporated into this Count. WHEREFORE, the Plaintiff requests that this court enter judgment in her favor and against the defendant for compensatory and punitive damages in an amount in excess of the jurisdictional amount requiring arbitration referral by local rules, plus allowable interest and costs. SERRA=LI SCHIFFMAN, BROWNAND CALHOON P.C. SPERO T. LAPPAS BWuire PaW5 COUNT 2: MARK ROBERTS, A MINOR, BY DENISE ROBERTS HIS PARENT AND NATURAL GUARDIAN V. DEBORAH PATTON 9. All other parts of this Complaint are hereby incorporated into this Count. WHEREFORE, the Plaintiff requests that this court enter judgment in her favor and against the defendant for compensatory and punitive damages in an amount in excess of the jurisdictional amount requiring arbitration referral by local rules, plus allowable interest and costs. Respectfully submitted, SERRATELLI, SCHIFFMAPrBRA" AND CALHOON, P.C. By. SPERO 71,?OPAS, EsQUim PA. SUPREME CT. ID NO. 25745 2080 LINGLESTOWN ROAD, SUITE 201 HARRISBURG, PA 17110-9670 (717) 540-9170 ATTORNEYS FOR THE PLAINTIFFS SERRATF,LLI SCHMMAN BROWNAND CALHOON P.C. SPERO T. LAPPAS Eire Page 6 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I verify that the foregoing COMLAINT is based upon the information which has been gathered by my counsel in preparation of this Matter. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT and, to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsifications made to authorities. 1 PLAINTIFF c P 1 CA a 4* =k - 00 <'- CAIJ `n fr 7? -- 0o b ' ? ?' :71Z - rn LJ SPERO T. LAPPAS, Esquire Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 ATTORNEYS FOR THE PLAINTIFF IN THE COURT OF CO"ONPLEAS OF MAIM NIMANTD COUNTY DENISEROBERTS MARSROBERTS, A A02VOR, BYDR VISEROBERTSHISPARENT AND NATURAL GUARDL4N, Plaintiff V. DEBORAHA. PATTON, Defendant NO. 08-124 CIVIL ACTION -- LAW Jury 731-ia1 Demanded PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint in the above captioned case. Respectfully submitted, SERRATELLI, SCHIFFVAN, IBRIXWNANP COON, P. C. SPER T. PAS; EGQUIRE PA..StT REME . LDNO. 25745 208OLI GL TOWN ROAD, &JITE 201 HARRISB G, PA 17110-9670 (717) 640-9170 ATTORNEYSFOR THEPLAIN77FF Spero T. Lappas, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. Praecipe to Reinstate Complaint Page -I- * ? O o ? O co b j t? rv 1?.1 ? f7'F ?? yy :F7 SHERIFF'S RETURN - OUT OF COUNTY V CASE NO: 2008-00124 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBERTS DENISE ET AL VS PATTON DEBORAH 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: PATTON DEBORAH but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 18th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.001 Surcharge 10.00 R. Thomas Kline Dep Perry County 29.10 Sheriff of Cumberland County Postage 1.33 67.43 !/,a1oy. 01/18/2008 SERRATELLI SCHIFFMAN BROWN Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Denise Roberts et al vs. Deborah Patton No 08-124 civil No. Now, January 11, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 2Q , at o'clock M. served the SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-124 Cumberland County Denise Roberts for Mark Roberts VS Deborah Patton 1011 McCabe Rd. Landisburg, PA 17040 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Deborah Patton, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Deborah Patton at 1011 McCabe Rd. Landisburg, PA 17040. NOT FOUND. PROPERTY IS VACANT. DEFENDANT MOVED, LEFT NO FOWARDING. Sincerely, Swo and subscribed to before me this day of ,,R it u.e Cjr,, 2008. Carl E. Nace Sheriff of Perry County MARGARET E FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16. 2008