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HomeMy WebLinkAbout01-7166 SHAH RAY & BYLER, LLP Jay H. Shah, Esquire PA Identification No.: 75814 Theresa M. Mullaney, Esquire PA Identification No.: 83939 Penn Mutual Towers 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Attorneys for Plaintiff KANTI D. PATEL, ADMINISTRATOR" OF THE ESTATE OF DAYUBHAI R. : PATEL, ON BEHALF OF THE ESTATE: OF DAYUBHAI R. PATEL AND THE : MINOR CHILDREN OF DAYUBHAI R. PATEL, ARTI D. PATEL AND ANKIT D. PATEL 6 Carothers Circle Mechanicsburg, PA Plaintiffs, KANTI D. PATEL, ADMINISTRATOR OF THE ESTATE OF MADHUBEN D. PATEL 6 Carothers Circle Mechanlcsburg, PA Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. ~/- 7/6,6,~/~0..5.~ -T-z~' 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 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. Court Administrator 4th Floor Cumberland County Court House Carlisle, PA 17013 (717) 240-6200 NOTICE TO DEFEND AVISO Le hah demandado a usted en ~corte. Si usted quiere d~fe.nderse de estas demandas expuestas en las paginas s~gmentes,usted tiene veinte (20)dias de plazo alpartir de la fecha de h demanda y la notificacion. Hace falta asentar una comparencia escritfl o en persona o con un abogado y entregar a la corte en forma escrita sus defensasosus obpciones alas dananda sen contradesu persona. Se avisadoque si usted no defiende, lacorte tomara medidas y puede continuar la demanda en contra suya sin previoeviso o notificacion. Ademas, la corte puede deci& a favor del demandante y requiere que usted cumpla con todas las provisiones de esta de?anda. Usted puede peter du~ero o sus propiedades otros derechos importantes para usted. z~em esta demanda a rn abogado inmediatameute. no ffeoe abogado o si no ffene el dinero sn~c,c~t~ de Faganal serDicio. Faya enpersona o llameportelefono a la oficina crya direccion se encYentra escrita abajo Fara ~rDeriguar donde se puede conse~ir asistencia legal. Court Administrator 4t~ Floor Cumberland County Court House Carlisle, PA 17013 (717) 240-6200 SHAH RAY & BYLER, LLP Jay H. Shah, Esquire PA Identification No.: 75814 Theresa M. Mullaney, Esquire PA Identification No.: 83939 Penn Mutual Towers 510 Walnut Street, 9th Floor Philadelphia, PA 19106 KANTI D. PATEL, ADMINISTRATOR : OF THE ESTATE OF DAYUBHAI R. : PATEL, ON BEHALF OF THE ESTATE: OF DAYUBHAI R. PATEL AND THE : MINOR CHILDREN OF DAYUBHAI R. PATEL, ARTI D. PATEL AND ANKIT D. PATEL 6 Carothers Circle Mechanicsburg, PA Plaintiffs, Vo KANTI D. PATEL, ADMINISTRATOR : OF THE ESTATE OF MADHUBEN : D. PATEL : 6 Carothers Circle : Mechanicsburg, PA : Defendant. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. O/- 7Y(.~ ~¢ 7'-.z-~ JURY TRIAL DEMANDED COMPLAINT Plaintiff, Kanti D. Patel, Administrator of the Estate of Dayubhai R. Patel and Guardian of the minor children of decedent Dayubhai R. Patel, by and through his undersigned counsel hereby flies its Complaint against the Estate of Madhuben D. Patel, and in support thereof avers as follows: PARTIES 1. Plaintiff, Kanti D. Patel, is the Administrator of the Estate of Dayubhai R. Patel and resides at 6 Carothers Circle, Mechanicsburg, Pennsylvania. 2. Plaintiff, Kanti D. Patel, is the Guardian of the decedent's minor children Arti D. Patel and Ankit D. Patel. 3. Defendant, Kanti D. Patel, is the Administrator of the Estate of Madhuben D. Patel and resides at 6 Carothers Circle, Mechanicsburg, Pennsylvania. JURISDICTION AND VENUE 4. The Court has personal jurisdiction over the Defendant, who resides in Cumberland County. 5. Venue is proper in Cumberland County, since Defendant resides in this County and the accident giving rise to this lawsuit occurred within this County. COUNT I Kanti D. Patel, Administrator of the Estate of Dayubhai R. Patel v. Kanti D. Patel~ Administrator of the Estate of Madhuben D. Patel WRONGFUL DEATH 6. Plaintiff incorporates by reference the averments contained in paragraphs 1 through 5 above as though set forth at length herein. 7. Plaintiff is the Administrator of the Estate of Dayubhai Patel and the Guardian of the minor children of Dayubhai Patel. 8. Plaintiffbrings this Action to benefit decedent's beneficiaries. 9. Dayubhai Patel left surviving him as his heirs-at-law, his two minor children, Arti D. Patel, 16 years of age and Ankit D. Patel, I 1 years &age, both of whom were dependent upon Dayubhai Patel and both of whom have sustained pecuniary damages from the death of Dayubhai Patel. 10. On or about December 29, 1999, at approximately 6:45 p.m., Plaintiff's decedent, Dayubhai Patel, was a passenger in a 1992 Honda Accord driven by Defendant's decedent, Madhuben Patel, traveling Southbound on Interstate 81 near the Enola/Maysville Exit, Cumberland County, Pennsylvania. 11. At the same time, a vehicle operated by Vincent Ferrante was traveling Northbound on Interstate 81 near the Enola/Maysville Exit, Cumberland County, Pennsylvania. 12. Upon information and belief, at some point, Defendant's decedent lost control of her vehicle, traveled across the three (3) southbound lanes and struck a concrete barrier. 13. Upon striking the barrier, Defendant's decedent's vehicle began to spin and traveled into the Northbound lanes of Interstate 81 and was struck by a vehicle driven by Vincent Ferrante. 14. Plaintiff's decedent was ejected from Defendant's decedent's vehicle and suffered severe bodily injuries that resulted in his death at the accident scene on December 29,1999, to the pecuniary damage of his heirs. 15. The foregoing accident and all of the injuries and damages sustained by Plaintiff's decedent are the direct and proximate result of Defendant's decedent's carelessness, recklessness and/or negligence. 16. The carelessness, recklessness and/or negligence of Defendant's decedent consisted, inter alia, of the following: (a) operating her vehicle at a high and excessive rate of speed under the circumstances; (b) being inattentive; (c) operation of her vehicle in a reckless, careless and negligent manner without regard for the rights, safety and position of the Plaintiff's decedent; (d) failing to have her vehicle under proper and adequate control; (e) failing to keep her vehicle in her lane of travel; (f) failing to exercise due and proper care under the circumstances; (g) being otherwise negligent under the circumstances; and (h) any other negligence, carelessness and/or recklessness discovered throughout the discovery process as promulgated by the Rules of Civil Procedure. 17. As a direct result of the foregoing accident, Plaintiff's decedent, Dayubhai R. Patel was thrown violently from the automobile in which he was a passenger and suffered severe bodily injuries, including but not limited to, closed head trauma, which caused his death at the accident scene on December 29, 1999. 18. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have been denied the future contributions decedent would have made during his lifetime. 19. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have been denied decedent's services, guidance, and companionship. 20. As a direct result of the foregoing accident, Plaintiff's decedent's estate was forced to incur funeral expenses and the expenses of administration of the estate. WHEREFORE, Plaintiff, as Administrator of the Estate of Dayubhai R. Patel demands judgment in his favor and against Defendant for damages in an amount in excess of $50,000, plus interest, cost of suit and such other relief as this Court deems just, proper and equitable. COUNT II Kanti D. Patel, Administrator of the Estate of Da.yubhai R. Patel v. Kanti D. Patel, Administrator of the Estate of Madhuben D. Patel SURVIVAL ACTION 21. Plaintiff incorporates by reference paragraphs 1 through 20 of this Complaint as though set forth herein. 22. As a direct result of the foregoing accident, Plaintiff's decedent suffered physical pain and suffering from the time of injury until the time of death. 23. As a direct result of the foregoing accident, Plaintiff's decedent's estate has sustained damages, including loss of future earnings. WHEREFORE, Plaintiff, as Administrator of the Estate of Dayubhai R. Patel demands judgment in his favor and against Defendant for damages in an amount in excess of $50,000, plus interest, cost of suit and such other relief as this Court deems just, proper and equitable. COUNT III Kanti D. Patel, on behalf of the Minor Children, Arti D. Patel and Anklt D. Patel v. Kanti D. Patel, Administrator of the Estate of Madhuben D. Patel SURVIVAL ACTION 24. Plaintiff incorporates by reference paragraphs 1 through 23 of this Complaint as though set forth herein. 25. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have been denied decedent's services, guidance, and companionship. 26. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have suffered the loss of financial support that decedent would have contributed. WHEREFORE, Plaintiff, as Guardian of the minor children of Dayubhai R. Patel, demands judgment in his favor and against Defendant for damages in an amount in excess of $50,000, plus interest, cost of suit and such other relief as this Court deems just, proper and equitable. Respectfully submitted, SHAH RAY & BYLER, LLP J~y H. Shah, Esquire ~ Theresa M. Mullaney, Esquire Attorneys for Plaintiff Dated: December 20, 2001 VERIFICATION I, Kanti D. Patel, verify that I have knowledge of the facts giving rise to this lawsuit, and that I am authorized to provide this Verification. I further verify that I have read the foregoing Complaint, and, to the best of my knowledge, information and belief, the facts set forth in the Complaint are true and correct. I understand that the statements in the Complaint and this Verification are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating~o unsworn falsifications to authorities. Kanti D~atel.~ ~, VINCENT J. FERRANTE, Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN v. : NO. 01-5875 CIVIL TERM : KANTI PATEL, EXECUTOR OF : THE ESTATES OF DAYUBHAI : PATEL and MADHU D. PATEL, : Defendant : ORDER OF COURT AND NOW, this 19th day of March, 2002, upon consideration of Defendant,s Petition for Court Approval of the Disposition of InsQrance Proceeds, and after having a hearing thereon, it is hereby ordered that Defendant,s~Petition is GP~kNTED. Defendant,s insurance carrier, the Erie Insurance Group (hereinafter "Erie"), is hereby ordered to issue a settlement draft made payable to Vincent J. Ferrante and the law firm of Smigel, Anderson & Sacks in the amount of $7,500.00. Erie is hereby ordered to issue a settlement draft made payable to Sara Ann McKiness and the law firm of Smigel, A~derson & Sacks in the amount of $92,500.00. Erie is hereby ordered to issue a settlement draft made payable to Ralph Peters and the law firm of Liever, Hy~aan & Potter in the amount of $100,000.00. Erie is hereby ordered to issue a settlement draft made payable to Kanti Patel as guardian of Arti D. Patel in the amount of $50,000.00. Erie is hereby ordered to issue a settlement draft made payable to Kanti Patel as guardian of A~kit D. Patel in the amount of $50,000.00. It is further ordered that Defendant and Erie are hereby relieved of making any further payments to any alleged claimants for the automobile accident which occurred on December 29, 1999. Defendant and Erie are hereby relieved of any further financial responsibility with regard to the accident of December 29, 1999. A copy of this Order shall also. be filed at Docket Nos. 01-6039, 01-7140, and 01-7166. By the Court, Edward E. Guido, J. C. Lee Anderson, Esquire 2917 North Front Street Harrisburg, PA 17110 Theresa M. Mullaney, Esquire 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Donald F. Smith, Jr., Esquire P.O. Box 782 Reading, PA 19603-0782 John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108 srs KANTI D. PATEL, ADMINISTRATOR : IN THE COURT OF COMMON PLEAS OF ADMINISTRATOR OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF DAYUBHAI R. PATEL, ON : BEHALF OF THE ESTATE OF : DAYUBHAI R. PATEL AND THE : MINOR CHILDREN OF DAYUBHAI R. : PATEL, ARTI D. PATEL AND : ANKIT D. PATEL, : Plaintiffs : v. : NO. 01-7166 CIVIL TERM : KANTI D. PATEL, ADMINISTRATOR : OF THE ESTATE OF MADHUBEN D. : PATEL, : Defendant : ORDER OF COURT AND NOW, this 19th day of March, 2002, upon Edward E. Guido, J. consideration of the Plaintiff's Petition as Guardian of the Minor Children, Arti D. Patel and Ankit D. Patel, it is ordered and directed as follows: 1. The wrongful death action may be settled in return for the payment of $50,000.00 to each child. 2. The entire $50,000.00 settlement proceeds for each child shall be deposited in a savings account or certificate of deposit insured by a federal government agency in the name of the child. Said account to be restricted to provide that "no withdrawals may be made herefrom without specific order of court until the child turns 18 years of age." 3. Proof of the opening of said account shall be filed to this term and number within 10 days of receipt of the settlement checks. 4. Konti Patel is authorized to sign the necessary releases for the se~of said actions. C. Lee Anderson, Esquire 2917 North Front Street Harrisburg, PA 17110 Theresa M. Mullaney, Esquire 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Donald F. Smith, Jr., Esquire P.O. Box 782 Reading, PA 19603-0782 John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108 srs