HomeMy WebLinkAbout04-1876IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SCH£RLINE & A~SOC.
MARGIE KNABB and
KENNETH KNABB, her husband
44 Newton Sparta Road
Newton, NJ 07860,
Plaintiffs
VS.
THELMA PULC1NI
4378 Route 31
Palmyra, NY 14522
and
US INTER-MEX TRANSPORTATION, INC.
P.O. Box 4525
McAllen, TX 78502
and
ADOLFO LERMA RAMIREZ, JR.
882 W. Hidalgo
Raymondville, TX 78580,
Defendants
Civil Action
Jury Trial of 12
Jurors 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 judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
yoll.
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.
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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
LAW OFFICES
SCHERLINE & A~SOC.
/N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION - LAW
5CHEIRLINE & ASSOC,
MARGIE KNABB and
KENNETH KNABB, her husband
44 Newton Sparta Road
Newton, NJ 07860,
Plaintiffs
VS.
THELMA PULC1NI
4378 Route 31
Palmyra, NY 14522
and
US INTER-MEX TRANSPORTATION, INC.
P.O. Box 4525
McAllen, TX 78502
No. o
Civil Action
Jury Trial of 12
Jurors Demanded
and
ADOLFO LERMA RAMIREZ, JR.
882 W. Hidalgo
Raymondville, TX 78580,
Defendants
COMPLAINT
The Plaintiffs by way of Complaint against the Defendants say:
1. Plaintiffs are adult individuals who reside at 44 Newton Sparta Road,
Newton, NJ 07860.
2. Defendant Thelma Pulcini is an adult individual who resides at
4378 Route 31, Palmyra, NY 14522.
3. Defendant Adolfo Lerma Ramirez, Jr. is an adult individual who
resides at 882 W. Hidalgo, Raymondville, TX 78580.
4. Defendant U.S. Inter-Mex Transportation, Inc. is a corporation with an
address at P.O. Box 4525, McAllen, TX 78502.
5. At all times relevant hereto Defendant Adolfo Lerma Ramirez, Jr.
hereafter "Ramirez") was the agent, employee, servant or workman of Defendant
U.S. Inter-Mex Transportation, Inc. (hereafter U.S. Inter-Mex) and was acting
within the scope and course of his agency and/or employment.
6. The facts and occurrences hereinafter stated took place on May 4, 2002 at
approximately 9:45 a.m. in the Southbound lanes of Interstate 81 in Dickinson Township,
Cumberland County, Pennsylvania.
7. On the aforementioned time and date, PlaintiffMargie Knabb was a
passenger in a vehicle driven by Defendant Thelma Pulcini.
8. On the aforementioned time and date, Defendant Ramirez was the
operator of a vehicle owned by U.S. Inter-Mex bearing Texas Registration No. R51250.
9. At the time and place aforesaid, the Defendant Thelma Pulcini operated
the motor vehicle she was driving in such a careless and negligent manner so as to change
her lane of travel, carelessly, negligently and without warning drive her vehicle into the
vehicle operated by Defendant Ramirez thereby causing serious, permanent and painful
injuries and damages more fi~lly described hereinafter to the Plaintiffs.
10. At the time and place aforesaid, Defendant Ramirez operated the vehicle
he was driving in such a careless and negligent manner so as to fail to avoid the collision
with the Defendant Pulcini; as a result of which the Plaintiffs were caused serious,
SCHERL]NE &
permanent and painful injuries and damages more fully described hereinafter.
11. The Defendants individually and jointly and severally are liable to the
Plaintiffs for the harm caused by Defendants' joint and several negligence.
COUNT 1
Margie Knabb vs. Thema Puleini
12. Plaintiffhereby incorporates Paragraphs 1-11 of this Complaint as if
the same were set forth herein more fully at length.
13. The negligence of the Defendant Thelma Pulcini consisted of one or
more of the following:
(a) Failing to keep a proper lookout upon the highway;
(b) Failing to have the said vehicle under proper and adequate control;
(c) Failing to apply the brakes in time to avoid the collision;
(d) Failing to note the position of other traffic in general;
(e) Operating said vehicle without due regard for the rights and safety
of others similarly situated;
(f) Failing to exercise due care and caution under the circumstance;
(g) Operating the vehicle in an unalert and inattentive manner;
(h) Failing to keep a careful and diligent watch upon the highway;
(i) Failing to take proper evasive maneuvers in order to avoid
collision;
(j) Failing to operate the vehicle in accordance with existing traffic
conditions and traffic controls; specifically, by making an improper lane change into the
SCHERLINE & ASSOC.
pathway of another vehicle;
(k) Driving too fast for conditions; and
(1) Committing violations of the statutes and regulations of the
State of Pennsylvania governing the operation of motor vehicles.
14. As a direct and proximate result of negligence of the Defendant as
aforesaid, PlaintiffMargie Knabb, sustained personal and permanent injuries including
but not limited to severe impact to her body, severe shock to her nerves and nervous
system, serious and permanent injury to her legs, head, neck, back, hips, arms, severe
pain, mental anguish and anxiety, multiple contusions and abrasions, a herniated disc and
a tom rotator cuff, some of all of which have in the past and will in the future cause said
Plaintiff great pain and suffering.
15. By reason of the aforesaid injuries, the Plaintiffwas rendered sick, sore,
lame, prostrate and disordered, and was made to undergo great mental anguish and
physical pain, as a result of which she has suffered, yet suffers and may continue to
suffer for an indefinite period of time in the future, perhaps permanently, all to her great
detriment and loss.
16. By reason of said injuries caused by the negligence and carelessness
of Defendant as herein alleged, Plaintiff has incurred expenses for medicines, doctors,
x-rays and miscellaneous expenses in the care and treatment of her injuries and she will
be required to become obligated for additional expenses in the future for medical care and
treatment of her injuries.
17. As a result of the negligence of the Defendant, Plaintiff has suffered
SCHERLINE & ASSOC.
injuries which are serious and/or permanent.
18. As a further result of the accident aforementioned, the Plaintiffhas been
unable to attend to her usual daily duties and occupations and will continue to be unable
to attend to same for an indefinite time in the future to her great detriment and loss.
19. As a further result of the accident aforementioned, the Plaintiffhas
suffered a loss and depreciation of her earnings and earning capacity and she will
continue to suffer said loss and depreciation for an indefinite time in the future to
her great detriment.
20. The Defendants are liable jointly, severally, and vicariously to the
Plaintiff for her injuries.
21. As a result of her multiple injuries, Plaintiff, Margie Knabb, has sustained
a permanent diminution in the ability to enjoy life and life's pleasures.
22. Plaintiff has met or exceeded all necessary thresholds according to the
laws of the State of Pennsylvania.
WHEREFORE, PlaintiffMargie Knabb, demands judgment of the
Defendants, individually and jointly and severally, in an amount in excess of Fifty
Thousand ($50,000.00) Dollars plus damages for delay and costs.
COUNT 2
Marble Knabb vs. Adoifo Lerma Ramirez, Jr.
23. Plaintiff hereby incorporates by reference thereto Paragraphs 1-22 of
this Complaint as if the same were set forth herein more fully at length.
24. The negligence of the Defendant Ramirez consisted of one or more of the
following:
(a) Failing to keep a proper lookout upon the highway;
(b) Failing to apply the brakes in time to avoid the collision;
(c) Failing to note the position of other traffic in general, and
Defendant, Thelma Pulcini, in particular;
(d) Operating said vehicle without due regard for the rights and
safety of the Plaintiff and others similarly situated;
(e) Failing to exercise due care and caution under the circumstances;
(f) Operating the vehicle in an unalert and inattentive manner;
(g) Failing to keep a careful and diligent watch upon the highway;
(h) Failing to operate the vehicle in accordance with existing traffic
conditions and traffic controls;
(i) Failing to yield to the Pulcini vehicle;
0) Driving too fast for conditions; and
(k) Committing violations of the statutes and regulations of the
and Commonwealth of Pennsylvania governing the operation of motor
United States
vehicles.
25.
As a direct and proximate result of the negligence of the Defendant, the
PlaintiffMargie Knabb was caused the injuries and losses as described in detail in
Paragraphs 14-22 which are incorporated herein at length.
WHEREFORE, Plaintiff Margie Knabb demands judgment of the Defendants,
individually and jointly and severally, in an amount in excess of Fifty Thousand
LAW OFFIC~
$CHERLINE & ~SOC.
($50,000.00) Dollars plus damages for delay and costs.
COUNT 3
Margie Knabb vs. U.S. Inter-Mex Transportation, Inc.
26. Plaintiff hereby incorporates Paragraphs 1-25 of this Complaint as if
the same were set forth more fully at length.
27. At all times relevant hereto Defendant Ramirez was the agent, employee,
servant and/or workman of the Defendant U.S. Inter-Mex.
28. Defendant U.S. Inter-Mex is liable to Plaintiff pursuant to the doctrine of
Respondent Superior.
WHEREFORE, PlaintiffMargie Knabb demands jud~nent of the Defendants,
individually and jointly and severally in m~ amount in excess of Fifty Thousand
($50,000.00) Dollars plus damages for delay and costs.
COUNT 4
Mar~ie Knabb vs, U.S. Inter-Mex Transoortation, Inc.
29. Plaintiffhereby incorporates Paragraphs 1-28 of this Complaint as if
thc same were set forth more fully at length.
30. The negligence of the Defendant, U.S. Inter-Mex Transportation, Inc.
consisted of the following:
(a) Negligently entrusting thc vehicle to the care of Defendant,
Adolfo Lerma Ramircz, Jr.
(b) Committing violations of the statutes, laws, and regulations
of the Commonwealth of Pennsylvania and the United States of America.
31. As a direct and proximate result of the negligence of the Defendant,
the Plaintiff, Margie Knabb, was caused the injuries and losses as described in
detail in Paragraphs 14-22 which are incorporated herein at length.
WHEREFORE, PlaintiffMargie IQmbb demands judgment of the Defendants,
individually and jointly and severally in an amount in excess of Fifty Thousand
($50,000.00) Dollars plus damages for delay plus costs.
COUNT 5
Kenneth Kaabb vs. All Defendants
32. Plaintiff, Kenneth Knabb, hereby incorporates Paragraphs 1-31 of this
Complaim as if the same were set forth herein more fully at length.
33. As a further result of the negligence of the Defendants, Plaintiff Kenneth
Kaabb was deprived of and may in the future be deprived o£the solace, comfort,
benefits and services of his wife, Margie Knabb, all to his g~eat detriment and loss.
WHEREFORE, Plaintiff, Kanenth Kaabb, demands judgment against
Defendants, individually and jointly and severally, in an amount in excess o£ Fifty
Thousand ($50,000.00) Dollars plus damages for delay and costs.
Respectfully submitted,
' Nh/mb.n E. Blatt, Jr., Esc}u~re
Attorney for Plaintiffs
Attorney I.D. #35980
512 Walnut Street
Allentown, PA 18101
(610) 437-1100
Verification
The language of the foregoing document is that of counsel and not necessahly
my own; however, I have read the foregoing document and the factual information
contained therein is true and correct to the best of my personal knowledge, except
as to any averments specifically stated to be "on information and belieF'. To the
extent that the factual averments of the foregoing document are stated to be "on
information and belief", the averments are true and correct to the best of my information
and belief. To the extent that the content of the foregoing document is that of counsel,
I have relied upon counsel in making this verification and said content is true and correct
to the best of my information and belief.
I understand that false statements made herein are subject to the penalties of
18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
RAWLE & HENDERSON
By: Timothy J. Abeel
Identification No.: 23104
By: Gary N. Stewart
Identification No.: 67353
25 North Front Street, First Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
Attorneys for Defendants,
U.S. Inter-Mex Transportation, Inc. and
Adolfo Lerma Ramirez, Jr.
MARGIE KNABB and
KENNETH KNABB, her husband
Plaintiffs,
VS.
THELMA PULCINI
and
U.S. INTER-MEX TRANSPORTATION,
INC.
and
ADOLFO LERMA RAMIREZ, JR.,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO: 04-18761 Civil Term
Defendants.
NOTICE OF REMOVAL
TO FEDERAL COURT PURSUANT TO 28 U.S.C. § 1446(d)
TO THE CLERK OF THE COURT:
Pursuant to 28 U.S.C. § 1446(d), defendants, U.S. Inter-Mex Transportation, Inc. and
Adolfo Lerma Ramirez, Jr., file herewith a copy of the Notice of Removal of Action which has
been filed in the United States District Court for the Middle District of Pennsylvania on May ~ ,
2004.
Dated:
RAWLE & HENDEP,~-q~I,N LLP
By:
Gan. Stewart, Esquire
Attorney for Defendants,
U.S. Inter-Mex Transportation, Inc.
and Adolfo Lerma Ramirez, Jr.
980018 v.1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a tree and correct copy of the within-captioned
Notice of Removal Pursuant to 28 U.S.C. §1446(d) was served via first-class mail, postage
prepaid, on the following:
Norman E. Blatt, Jr., Esquire:
512 Walnut Street
Allentown, PA 18101
Thelma Pulcini
4378 Route 31
Palmyra, NY 14522
(Unrepresented Defendant)
Via Certified and Regular Mail
RAWLE & HENDERSON LLP
~ Stewart
Dated:
980018 vA
CIVIL COVER SHEET
JS ~.4 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of ptaadings or other papers as required by law, except as provided
cai rules of court. This form, approved by the JudicJal Conference o9f the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
ivil docket~sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
) PLAINTIFFS
Margie Knabb and Kenneth Knabb
COUNTY OF RESIDENCE OF EIRST LISTED PLAINTIFF Newton. New Jersey
(EXCEPT IN US PLAINTIFF CASES)
) ATTORNEYS (FIRM NAME, ADDRESS. AND TELEPHONE NUMBER)
man E. Blatt, Jr., Esquire
Walnut Street, Allentown, PA 18101
310.437.1100
~ASIS OF JURISDICTION (PLACE AN "X" IN ONE BOX ONLY)
U.S. Government [] 3. Federal Question
DEFENDANTS
Thelma Pulcini and US Inter-Mex Transportation, Inc. and
Adolfo Lerma E;amirez, Jr.
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT Palmyra. New Yor~
ATI'ORNEYS (IF KNOWN) Gary N. Stewail, Esq.
Rawle & Henderson, LLP
25 N. Front St., 1't Fir.
Harrisburg, PA 17101
(717) 234-7700
III. CITIZENSHIP OF PRINCIPAL PARTIES
For diversity cases only (PLACE AN "X" IN ONE BOX FOR
Plaintiff
U.S. Government
Defendant
(U.S. Government Not a Pa~'y)
[] 4. Diversity
(Indicate Citizenship of Pa~ies in Item III)
PLAINFIFF AND ONE BOX FOR
DEFENDANT)
PTF DEF PTF DEF
ORIGIN (PLACE AN "X" IN ONE BOX ONLY)
~nginal ~ 2 Removed from [] 3 Remanded from [] 4 Reinstated or [] 5 Transfe~ed from
roceeding State Court Appellate Cour~ Reopened another district ($pedfy)
NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLY)
CONTRACT TORTS FORFEITURE/ IBANKRUPTCY OTHER STATUTES
PENALTY
lEAL PROPERTY CIVIL RIGHTS PRISONER Reporting & OIs~loeare Act
CAUSE OF ACTION (CrTE THE U.S. CIVIL STATURE UNDER WHICH YOU ARE FILING AND WRITE
lIEF STATEMENT OF CAUSE)
I.S.C. 1332 & 1446(d) -pending removal
rEQUESTED IN [] CHECK IF THiS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
;OMPLAINT:
UNDER
F.R.C.P.
23
JURY DEMAND: [] YES [] NO
RELATED CASE(S) IF ANY
(See Instructions): JUDGE .,~,I~{~ET NUMeER
~FFICE USE ONLY
PT # AMOUNT ~ APPLYING rFP JUDGE MAG. JUDGE
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARGIE KNABB and
KENNETH KNABB, her husband
Plaintiffs,
VS.
THELMA PULCINI
and
U.S. 1NTER-MEX TRANSPORTATION,
INC.
and
ADOLFO LERMA RAMIREZ, JR., et al.
Defendants.
NOTICE OF REMOVAL
':I:CV 04-101'?
CIVIL ACTION NO.:
FILED
HARRISBURG, PA
I'IAY 0 7 2O04
MARY E. D'A~A, CLERK
Per
Deputy Clerk
TO THE HONORABLE JUDGES IN THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA:
980018 v.l
Defendants, Adolfo Lerma Ramirez, Jr. and U.S. Inter-Mex Transportation,
Inc., by and through their attorneys, Rawle & Henderson LLP, respectfully aver as
follows:
1. Plaintiffs Margie Knabb and Kenneth Kn;abb, commenced a civil
action against defendants in the Court of Common Pleas of Cumberland County,
Pennsylvania, by Complaint on or about April 28, 2004, as a result of a May 4,
2002 motor vehicle accident which occurred in Cumberl~tad County, Pennsylvania.
See Exhibit "A" - Plaintiffs' Complaint.
2. On or about May 1, 2004 Adolfo Lerma Rarnirez, Jr. received a copy
of the plaintiffs' complaint by certified mail.
3. On May 3, 2004, U.S. Inter-Mex Transportation, Inc. received a copy
of the complaint by certified mail.
4. In the Complaint, plaintiffs demand damages; "in an amount in excess
of Fifty Thousand ($50,000) Dollars plus damages for delay and costs.
Specifically, plaintiff, Margie Knabb alleges that she sustained the following
injuries as a result of the motor vehicle accident at issue herein:
14. As a direct and proximate result of negligence of the
Defendant as aforesaid, Plaintiff Margie Knabb, sustained personal
and permanent injuries including but not limited to severe impact of
her body, severe shock to her nerves and nervous system, serious and
permanent injury to her legs, head, neck, back, hips, arms, severe
pain, mental anguish and anxiety, multiple contusions and abrasions, a
herniated disc and a torn rotator cuff, some of all of' which have in the
past and will in the future cause said Plaintiff great pain and suffering.
980018 vi
15. By reason of the aforesaid injuries, the Plaintiff was
rendered sick, sore, lame, prostrate and disordered, and was made to
undergo great mental anguish and physical pain, as a result of which
she has suffered, yet suffers and may continue to suffer for an
indefinite period of time in the future, perhaps permanently, all to her
great detriment and loss.
16. By reason of said injuries caused by the negligence and
carelessness of Defendant as herein alleged, Plaintiff has incurred
expenses for medicines, doctors, x-rays and miscellaneous expenses in
the care and treatment of her injuries and she will be required to
become obligated for additional expenses in the future for medical
care and treatment of her injuries.
17. As a result of the negligence of the Defendant, Plaintiff
has suffered injuries which are serious and/or perm~ment.
18. As a further result of the accident aforementioned, the
Plaintiff has been unable to attend to her usual daily duties and
occupations and will continue to be unable to attend to same for an
indefinite time in the future to her great detriment and loss.
19. As a further result of the accident aforementioned, the
Plaintiff has suffered a loss and depreciation of' her earnings and
earning capacity and she will continue to suffer said loss and
depreciation for an indefinite time in the future to her great detriment.
20. The Defendants are liable jointly, severally, and
vicariously to the Plaintiff for her injuries.
21. As a result of her multiple injuries, Plaintiff, Margie
Knabb, has sustained a permanent diminution in the ability to enjoy
life and life's pleasures.
22. Plaintiff has met or exceeded all necessary thresholds
according to the laws of the State of Pennsylvania.
See Exhibit "A"- plaintiffs' Complaint, ¶¶ 14-22.
5. Based upon a fair reading of the Complaint, plaintiffs have set forth a
claim in which an amount in excess of the jurisdictional limit of $75,000, exclusive
of interest and costs, may be at stake.
980018 v.I
6. At all times material hereto, defendant, U.S. Inter-Mex
Transportation, Inc. is and was a Texas corporation with its principal place of
business located in McAllen, Texas.
7. At all times material hereto, defendant, Adolfo Lerma Ramirez, Jr., is
and was a citizen of the state of Texas with his residence in Raymondville, Texas.
8. Plaintiffs, Margie Knabb and Kenneth Knabb are and were citizens of
the State of New Jersey and they reside at 44 Newton Sparta Road, Newton, New
Jersey. See Exhibit "A" - Plaintiffs' Complaint.
9. Upon information and belief, co-defendant, Thelma Pulcini is a
citizen of the state of New York with her residence at 4378 Route 3 I, Palmyra,
New York 14522. See Exhibit "A" - Plaintiff's Complaint.
10. Diversity of citizenship within the meaning of 28 U.S.C. § 1332, exists
between plaintiffs and all defendants since:
(a) Plaintiffs are citizens and residents of the State of New Jerseyia;
and
(b) Defendants are not citizens of the Commonwealth of
Pennsylvania.
11. Furthermore, diversity of citizenship existecl at the time the action
sought to be removed was commenced and continues through the time of filing of
980018 v.I
this notice, such that defendants are entitled to remow~l pursuant to 28 U.S.C.
§1441, as amended, and 28 U.S.C. §1446.
WHEREFORE, defendants, U.S. Inter-Mex Transportation, Inc. and Adolfo
Lerma Ramirez, Jr., pray that the above-captioned action :now pending in the Court
of Common Pleas of Cumberland County, Pennsylvania, 'be removed from there to
this Honorable Court.
Dated:
S-'V -oq
RAWLE & HENDE~RSON LLP
BY: (-4:=~-y N. Stewart, Esquire
Identification No.: 67353
Attorney for ]Defendants,
U.S. Inter-Mex Transportation, Inc.
and Adolfo Lerma Ramirez, Jr.
25 North Front Street, First Floor
Harrisburg, Pennsylvania 17101
gstewart~rawle.com
(717) 234-7700
(717) 234-77110
Our File No.: 250019
980018 v.I
CERTIFICATE OF SERVICE,
The undersigned hereby certifies that a tree and correct copy of the within-
captioned Notice of Removal was served via first-class mail, postage prepaid, on
the following:
Norman E. Blatt, Jr., Esquire
512 Walnut Street
Allentown, PA 18101
Thelma Pulcini
4378 Route 31
Palmyra, NY 14522
(Unrepresented Defendant)
Via Certified and Regular Mail
RA~;RSON LLP
~"N. Stewart
Dated:
980018 v.l
BS/B4/B~ 14:ZB:3B -> 717 Z34 771B Pag~ B14
FRO~ U. S ~NTER-M~<
NO. : 95B-"1~2-2302
~g. E~4 2~4 01;58PM P3
IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA
CIVIL DIVISION - LAW
' MARGIE ffaN'ABB and
KENNL~H' IG'S, IABB, her husband
44 N~vmn Spmme Rom:l
N'ewlon, NJ 07860,
Pllllnli f'~l
TI'IF, LMA PULCrNI
4378 Route 3 I
2elm3¢a, NY 14~22
U,~ INT~R-MEX TRANSPORTATION, INC.
P.O. Box 4~25
MoAIIm, TX ?!~02
'5-
Civil[ Action
Trial of 12
J'urms Bemanded
a~d
ADOLFO LERMA RAM~EZ, JR.
8112 W, Hidalgo
Raymondvllle, TX 78780,
tRUE ( IW FROM REOORL)
· :'~"~ ~m
Defendants :
You have been sued in Court. lt'~.)u wish lo de£end agains't Ihe ¢laima sci Ibrth in the
followi:tg pages, you muir take action within twenty (20) da.,,~ after d~is Complaint .nd Nolice
are served, by enta-ing a written appearance personally or by at;tomay and filin~ in writing witl~
the Co1,111 yollt def'eme~ or objeefione to Ihe claims set forth against you. You are warned thai if
you fail, to do. so thc case ma~ proceed withoui you, and j udb'rllalll may be enLel'ed aglsinal you t)y
Lhe COati Mtho~t ~rther not~ee for any money cia ned m the Complaint or any olher claim or
relict'requested by the Plaintiff, You may lose money or property or other rilthts important to
YOU SHOULD TAKE THIS PAPER 'tO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAvE A LAWYER (OR CANNOT AFFORD ONE), CiO 'tO OR T£LP. PHONE THP,
OFFIOI~ SET FORTI.I BP. LOW TO ~IND OUT WIIERE YOU CAN GET LEGAL HELP.
'.rlilg OFFICB CAN PROViDI~ YOU WITH INFORMATION ABOUT HIRING A lAWYER.
BS/B4/B4 14:25:17 -> 717 234 ??lB Pagu BB2
~ROM U. 9 INTER'-~EX
FP,)( NO, : 956-'~2-23B2
, :
IN TH~ COURT OF COMMON pLlmAS OF CUMBBRLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION · LAW
MARO~ KN'ARB and
KiNN/TH [NUB, ~.~r husband
44 Newton Bpar~a Road
N~-wton, NJ' 07860,
Plaintiffs
THELMA PULCiN!
43?8 Route 3 ]
Pahnyrn, NY 14~22
mud
US INTER-M]/X TRANSPORTATION, INC.
P.O. Box 4S2~
McAllen, TX 78502
and
ADOLFO LERMA RAMIREz, YR.
8{2 W. Hidal{o
Raymondvill,,, TX 78580,
Defendant8
Civil Action
Sury Trial o£12
,lure,rs Demnnded
The Pla/utifl's by way of Complaint agai,mt Se Det'endant,; say:
I. Ph{ntiff's ars adult individuals who reside at 44 Newton Sparta Road,
07 0.
2. Defendant T}~ma Pulcini {m ~t adult individual who rmsida~ at
4378 Route 31; PaLmyra, NY 14522.
3. Defendant Ado{Fo Lmnna Ram/mz, Jr. is &n adult ind/vidua{ who
BS/B'I/B4
-> 717 234 ??iff P~§u B83
F'RX NO, : ~5S-"~2-23~2 I~V. B4 2B~4 B2:OOPH P5
teside,.~ ~82 W. l-lid~ljo, Ra~,rnondville, TX 7B580.
4. De/~t U,S, lnl~-Mex Tr~nspo~atian, lac. l~ ~ oa~o~lion wflh
~e st ?,O. Box 4525, ~oAIIon. TX 78502,
5, At all times m~eva~e he. to Defender ~o1~ f.e~ R~Jr~, Jr.
~= "~") wss ~e a~snt, employee, ~pt or wet.ten
U,8, ~Mex T~o~atiOn, Inc. O~,flg U,S. ~t~-Mex) and was noting
wi~n ~ ~ope ~d aou~e orhi. ~B~ay and/or empla~t.
6, ~e f~ts ~d oeeu~ncfl hernia.er alntad took place on May 4, 2~2 at
a~mxi~iy g:45 ~, in tho Sou~h~und lanes a~lntemate 81 in Dieklnson Township,
~1nnd County, Pennsylvania.
7, On the aforementioned time and date, PIGintiKMarsio KnOb wse
p~s~g~ in a vehicle d~ven by Defend~l ~elma Purina,
8. On Ihs aforementioned ~me and date, go~ondant Ranlirez was tho
op~ator ora re.cie owned by U,X, ~ntor-M~ bearin8 Tox~ ReBtsttation No, R~ ~ 250,
9. At ~e tim~ ~d place aforesaid, ~e Def~d~t Tlte]lma ~loini opiated
~ motor veh~ci~ she wu dr~vin8 in such a ~loas and negii~t m~ so as to chugs
bcr I~e or.vel, caol~ily, no&lilontly an~ wi0~out warning dHve her v~iolo into the
v~icle ~at~ by Defendant ~i~ they ~uaing ~loua, pe~t and paJn~1
i~, ~ d~a&~ more folly dos~ri~ he~inaRor to tho P~aintiffa,
~0. At ~o timo ~d pike a~aii~, ~rendnnt R~ire~ ope~t~ the v~iele
ho wu ~vJn~ in Koba careless m~ ne~llBen~ m~nor so as to Fall to ~void the
~ ~o Do~d~I ~lomi; u a roiult o~whJ~ the PlainliKs w~ c:mlsed
BS/B'I/B~ 14:ZS:SB
PROM LJ, ~ INTER~
-> 717 234 ??lB Page BB4
F~X ~, : ~56-"~2-23~2 I,la~. ~4 2g~d 02:0BPM P7
pcrmancn! and pmn£ul injmios and damallcs more ~ully
11. ~o Def~d~te ifldiv~umlly ~d jointly and ,evcrtlly mm lieble ~o ~e
H~nfi~ for ~e ha~ caused by Dc~dants'joim ~d several negligence,
~areie Knabb vs. T~e~a Pullet
IZ Pl~nfi~h~eby inco~lcs P~a~aphs
tho same were set ~o~h herein more ~lly at length.
13, ~e negligee or,he Defendam Thc~a PuIcini consiated econo or
more of lbo Following:
(a) Failing to keep i paper lookout upon the ;highway;
(b) P~liflg to have tho said vehlele under proper emi adequate con~ol;
(o} ' F~linf lo ~piy tho bnk~ in time ~o avoid[ ~he collision;
(d) Failing to note ~e position of other t~c :in general;
(e) ~Uag said vehicle without due mga~ tbr the rights and ~fety
ofotf~r~ ~in~hrly situated;
Failing to exercise due ears and caution under thc circumstance;
Operating the vehicle in em unalert and inattentive manner;
(h) Faili~ ~ ko~ a cereal e~d dilig~ll witch ~apon the highway;
(i) Faling Io take propm' eva~ivl mln~v~ in o~er to avoid
collision;
(J) Failing to opiate tho vehicle tn accordance with existing Irat~c
conditions and tra_.-~c controls;.specilicelly, by makins an improper lane change into the
BS/B4/B4 14:ZG:07
FRO~ : U.S INTER-~EX
-> 717 234 7718 Pagu BBS
FAX NO. : 956-782-2382 Fay. ~4 ~4 02;~PM P8
pa{hw~.,y of a~o~er Yehiolm;
(k) DHvin8 1oo ~asi for conditions; and
({) Comm{ltin~ viola{{o~ oFihu sla~les and ~tuIado~
~e o~P~y{v~ia 8ov~n8 ~e opera:ion o f molor v~hi~{~m,
14. As a d~t and pmximato r~uli of n~iMmnOo of tho DeFendant
afor~ Pl~n~ffM~8io Knabb, sulia~ed ~onal ~d pe~lme{I {njurie, iucluding
but not ~i~ ~ s~ impaot to her ~y, severe shock m h~ n~es a~ n~ous
i~t~, lego~ ~d ~nnnent Injury to her legs, he~, neck, back, hips, arms. severe
p~n, men~ ~ish and ~iu~, multiple con~tsions and abrasions, a herniated disc ~d
tom rotator ~ some of al{ of which hav~ in d~e past ~d will in the Future cause said
Pl~tiff~eat pain and suffuring.
l& By ~amon of the aFu~aid i~u~ee, the Pleinliffwl{i r~dered sick, sore,
{~ pmauate ~d dl~rd~, l~ wM made tO und~go ~ent mental ~guish and
~h~i~{ p~a, u a ~ul} oFwh{eh abe ham suffered, yet suffers a~t may continue
~ff~ f~ ~ {~effe{ie p~od of time in the fl~tUre, ptdmps purmanently, ail io h~ great
~t ~d {~.
16. By ~n oCsaid i~urics caused by tho ncglig~cc ~d
ofDcf~d~t ~ h~an allegM, Plaimiffhu in~uned ~pen~em for :medicine,
n-ra~ ~d mig~il~ul exp~. in the g~ and t~atment of her injuries and she will
~ui~ ~ bg0me obli~tM for addlti~al expens, i. th~ future For medical care and
~mt ofh~ injure..
~7. ~ a ~Ht of the nugligcncu o~tl~e ~fe~anL Plainliffhas
-> 717 Z34 7?lB Page
FRX NO, : ~56-"~2-23B2 ~a~, ~4 2~4 02:ElPM P9
i~utie~ which are serious and/or parma.ant.
18. Aa a ~.~rther result ot'~J~e accidem at'otemcntioned, thc PlaintitT has bc~
un.la to at~ to h~ usual dally ~utics and ~cupa~ions a~d ~vil] continue to be un~bl~
~ .~d to ~me ~r ~ indefinite time in ~e ~/urc to her g~al~ dctfimcn~ and loss.
19. As a ~hcr re. It of the accident arorem~iioned, tim Plaintiffha~
,u~ a lo~ ~d d~r~iation afl,er ~in~ a~d e~t~ capacity and .he wiU
ITot ~t
20, The Defer,x~a are liable jointly, severally, and vicariously to the
I~laitttttt' ~'or her tn juries.
21. As a result o£ her multiple injuries, Plaintiff, Maqtia K. nabb, has susUdned
. perman~t diminution in (he ability to enjoy life and Xi£e's pleasures,
22. PlaJnliff has met or exceeded all necessary thr~al~olda according to the
~aws of the State ot'?ennsylvania.
WH]SREFORE, PlaJtgiffMatgie Knabb, demands judgment of thc
Defi~ndlmta, it~lviaallly m~d jointly and severally, in an amoum
'fl~oustm(i ($50,000.00) DoJlar~ plus damages lot delay and costs,
COUNT 2
· Martrla l~nabb vs. Adolfo Lerma Ramire.A,~.
23. Pia!nti,Theroby inoorporatea by re£etenoe thereto Patragraphl 1.22 of'
t~s Complaint as i,r the same werc eat forth Imrei~ mnre ~]ly at la~tllth.
24, The negligence of th~ Dafondnnt Ramirez consisted of one or more o£the
BS/B4/B4 14:26:42
FEOM U.$ INTEE-HE×
-> 717 234 771B Page 1t87
FAX NO. : 956-702-2~{~2 ~a~. ~ ~ 02:01PM PlO
foUow~ng:
(a) FaiIin8 to keep e proper lookout upon the highway;
Fat{in§ to apply thc brakes in time to avoid the collision;
(c) Failin8 to note file position of other trai'fic in
DeF~d~i, Thc]~ ~lcini, in
(d) Opem~n~ ~mid v~ic{e ~houl due m~l fur Ihe
~y of~e Pl~ti~d oth~8 simi]~iy ~tuat~;
(e) Failing to ex~eise due care and caution under thc circumstflnccs;
~emting the vehicle in an tmalc~ and inattentive manner;
Failing to k~p a cereal and diligent watch upon lhe hishway;
(h) F~liug to operate the vehicle in accor~an~e,witi~ exi~lin
~nditiom ~d ~ffio controli;
(i) Pail/ns to yield to the Pulcini vehicle;
O) Ddvin8 {oo fm~t for conditions: and
~mmiitiu8 violaHons of the sialut~ and rugu{alions of thc
Unlt~ Stat~ and Commonw~alU~ of Pennsylvania governing the op~iion of ~olor
w~clus.
2~, ~ a direr ~ promimate ~e~u{{ of the negligence of the Defendant, the
Pl~ptiffM~e ~abb wii CiUl~ t~ i~UfiCl and losses u d~Hb~ in detail
P~a~hs 14-22 which ~ ~otat~ herein at
~E~, Pl~nt{~Mar~e ~abb demands judbqncni of thc Defendant,
~ividually ~d jointly and severally, in an amount in excess of Fi ~ Thousand
BS/B,I/B4
FRO'q U, S INTER, IdEX
-> 717 234 ??lB Page BBB
FRX No, : cJ~-?~2-2~2 rial. 04 2aB4 ~2:02P1'1
(~;50,000.00) Dollazs plus damages t'or delay anti costs.
COUNT
Marete Knabb vs. U.S. [n~ter-Mex Tr-*n-.~?_rtaUgn~ inc.
116. Plaintlffheteby incorporates Paragraphs 1-2~ ofihis Complaint as if
the I,,'110 w~re let foll]l more flllly at
27. At all timos relevant hcrt~to Dclbndant Ramirez was ~he agent, cmployoe,
sm'rant and/or workrnm~ of thc Dcfcndant U.S. Inter-Max.
:28. Defendant U.S. [ntcr-Mcx is liable to Plaintiffpursum~t to the doctrine
Rmpondent Superior,
WHI!REi~ORE, PlaintiiTMargic Knabb demands judsment of tho De feudanta,
individually and jeintly and severally in an amount i]~ excess of Fifty Thousand
650,000.00) Dollars plus damages for delay and cosls.
COtIN'I' 4
Mltlla lf. albb vi, U..e. Inter. Me~ Traneiaoreltlon~ Inc.
29. Plaintiffhcreby incorporates ?aragtap}~s 1-28 o£tl~is Complaint as if
the samc were set forth more fully al length.
30. ]'he nesligence of the Defendant, U.S. i'ntcr-Mcx Transportalion, Inc.
oonsiated of the rollowins:
(a) Negligently entmatin~ the vehicle to the care of Defendant,
^dolro Lc~a Ramirez, .Ir.
(1)) Committing vlolation~ orthe statutes, laws, and regulations
of the Commonwe~I~ 0fPermlylva~ia and the United States orAl,aeries.
BS/B4/B4 14:Z?:14
FROM : U. 9 IN~
-> 717 234 7'/10 Page 889
FP,,~ HO, : 956..-"~2-2392 r~dv, 9~i 2994 02:92PH
3 I. As a direct and proximate result of the. negligence of tho Defendant,
thc Plaintiff, Margie Knabb. was caused the injuries and losses a~{ described in
detail hi Para.phs 14-22 which are incoq~orate, d h~'cin at length.
WHEREFORE, PlaintiffMargie Knabb demands judgment of the Defendants,
individually and jointly nnd severally in sn amount in ex,emro of FiRy Thousand
($50,000.00) Dollars plus damasks ~or do{ay plu!
COUNT ~
Kenneth J(nlbb vi. All D~endlflt{
~2. Plainti~. Kanne~b Knabl% hereby ineorpor-t~ Pm'tSr.pha 1 -:H of this
C.,omplsiu~ ~ if'tho ammo wasa sot fofli~ hn'ein more £ully a~
:33. As a t'~'~her result of ilia n¢aJi~aa,~e of tho Dof~d~;nt., Plaintiff Kcm3cth
Kna~ wu deprived of and may in the fut,,re be deprived of the ~solacc, comfort,
ben. fits and, services of hie wife, Margie gnabb, all to his b'r~at detriment and loss,
WHEREFORB, ?laintiff, Kan~nth Kflabb, demands jud&~cnt
Defexdauts, individually and Jointly and severally, in an amount iu excess of Fifty
Thous~mct (1;50,000.00) Dollars plus damages for delay and
Respectflllly submiUcd,
8CI-IERLINE & ~SSOC{ATES
......
At~omey £m Plaintiffs
&ttomey I.D. #35980
512 Walnut Sho~t
Allentown, I~A 1810 I
(§10) 437-1100
14:27:43
FRi3'I : U,S INTER-HEX
FRX NO. : 95G-7~2-23~2 I~a~. 04 2004 02:03PH
.V.,.erlflcatiou
The languas~ of'the foregoing document is ~hat of counsel mud not nec¢~arily
my owu; hewers. I have r~c{ ~he forc{oin~ document and the fit~lu~J information
cont.,ed th~'eln ia true md correct lo the b.! of my perso~el knowledge,
,,, to any .vermenm ~ecifl~ally s~ed to be "on infortr~on ~nd belie,f'. To thc
~eut ~ lhe f~x;ma/av~'meatm of the fore~oin$ ducument arm Itat~ to be
information and belief", the ;~verme~ts are ~nte ~nd correct to the best .~,f my information
and belief. To thc extent that the content of the forcl]oing documcm is that of counsel,
[ have felled upon co'rise! in m~ing this verification and said content is true and correct
to the ~ of my information and belief.
[ tl~del~,~d ~at fal~o statements made herei,'l arc subjcc! to thc penalties
18 Pa, C,$,A. §4904, ~l~ting to u~wont t'aJsificatiofl to authorities.
SHERIFF iS RETURN
CASE NO: 2004-01876 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KNABB MARGIE ET AL
VS.
PULCINI THELMA ET AL
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,P~MIREZ ADOLFO LERMA JR
prepaid,
882 W HIDALGO
RAYMONDVILLE, TX 78580
and attested copy of the attached COMPLAINT & NOTICE
with
by United States Certified Mail postage
on the 28th day of April ,2004 at 0000:00 HOURS, at
receipt card was signed by SIGNATURE
05/03/2004
, a true
Together
The returned
Additional Comments:
ILLEGIBLE on
Sheriff's Costs:
Docketing 6.00
Service 4.88
Affidavit .00
Surcharge 10.00
.00
20.88
Paid by SCHERLINE & ASSOC
Sworn and subscribed to before me
this // ~ay of
So answers:
Sheriff of Cumberland County
on 05/10/2004
SHERIFF'S RETURN - U.S.
CASE NO: 2004-018'76 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERID~ND
KNABB MARGIE ET AL
VS.
PULCINI THELMA ET AL
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,PULCINI THELMA
by United States Certified Mail postage
prepaid, on the 2$th day of April ,2004 at 0000:00 HOURS, at
4378 ROUTE 31
PALMYRA, NY 14522 , a true
and attested copy of the attached COMPLAINT & NOTICE Together
with ,
The returned
receipt card was signed by THELMA PULCINI
04/30/2004
Additional Comments:
on
Sheriff's Costs:
Docketing 18.00
Service 4.88
Affidavit .00
Surcharge 10.00
.00
32.88
Paid by SCHERLINE & ASSOC
Sworn an~ subscribed to before me
this
d~__A. D.
~ Prot honorary
Sheriff of Cumberland County
on 05/10/2004
SHERIFF'S RETURN -
CASE NO: 2004-01876 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KNABB MARGIE ET AL
VS.
PULCINI THELMA ET AL
U.S. CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,US INTER-MEX TRANSPORTATION
INC by United States Certified Mail postage
prepaid, on the 28th day of April ,2004 at 0000:00 HOURS at
PO BOX 4525
MCALLEN, TX 78502
and attested copy of the attached COMPLAINT & NOTICE
with
receipt card was signed by VICENTE MARTINZ
05/04/2004
Additional Comments:
a true
Together
The returned
on
Sheriff's Costs:
Docketing 6.00
Service 4.88
Affidavit .00
Surcharge 10.00
.00
20.88
Paid by SCHERLINE & ASSOC
Sworn and subscribed to before me
this /l'~ day
~7~--A' D' o f ~._
Prothonotary
Sheriff of Cumberland County
on 05/10/2004
LU