HomeMy WebLinkAbout10-4698SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F~~ ~- `
Sheriff
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Jody S Smith ~ 2~~~ ~;~`~ -~ j-~ , ~ ; :~.`
Chief Deputy !, ~ ,r r~.`.~ ~}UiI,T oZ /~/l'1 /:S3
Richard W Stewart ~~ ~~itlft'ne° C~'~ - ~ . ,_ _ ;'~ ~"`)~
Solicitor ezt~teE ~r -N~ s~+eR)FF ~ _ ,:;
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Tammy L. Champaign I Case Number
vs. ' 2010-4698
Dayton E. Baltimore, Jr.
SHERIFF'S RETURN OF SERVICE
07/19/2010 Ronny R. Anderson, Sheriff who eing duly sworn according to law states that he made a diligent search
and inquiry for the within named efendant, to wit: Dayton E. Baltimore Jr., but was unable to locate him
in his bailiwick. He therefore dep tized the Sheriff of Dauphin County, PA to serve the within Writ of
Summons according to law.
07/22/2010 09:40 AM -Dauphin County Ret Irn: And now July 22, 2010 at 0940 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, o herby certify and return that 1 served a true copy of the within Writ of
Summons, upon the within name defendant, to wit: Dayton E. Baltimore Jr. by making known unto
himself personally, at The Dauph n County Sheriffs Office, 101 Market Street Room 104, Harrisburg, PA
17101 its contents and at the sa a time handing to him personally the said true and correct copy of the
same.
SHERIFF COST: $37.44 SO ANSWERS,
July 26, 2010 RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosaft, Inc.
Mary Jane Snyder
Real Estate Depu
William T. Tully ''
Solicitor ',
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Shy
Chief Deputy
Michael W. Rinel
Assistant Chief Deputy
TAMMY L CHAMPAIGN
VS
DAYTON E BALTIMORE, JR
Sheriff s Return
No. 2010-T-2476
And now: JULY 22, 2010 at $:40:00 AM served the within WRIT OF SUMMONS upon DAYTON
BALTIMORE, JR by personally ~I,handing to DAYTON E BALTIMORE, JR 1 true attested copy of the
original WRIT OF SUMMONS I and making known to him/her the contents thereof at DAUPHIN
COUNTY COURTHOUSE, SHI~RIFFS OFFICE 101 MARKET STREET, RM 104 HARRISBURG P~
17101
OTHER COUNTY CASE # 201p4698
~~, ism
Deputy: N MILLER
Plaintiff: TAMMY L CHAMP GN
Sheriff s Costs: $41.25 7/21 /201
Out Of County Cost: ',
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I
So Answers,
~~~
Sheriff of Dauphin County, Pa.
Sworn to and subs~i_ bid
before me this- v~-~'"~ +~Y
-~~ A
PRO ONOTARY DAUPHIN CODNTY
COMMISSION ExPIRES 1ST MONDAY
JANUARY, 20 ~
~~;,;~~;
W. Scott Henning, Esquire
I.D.#32298
HANDLER, HENNING 8 ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Plaintiff
Fax : (717) 233-3029
E-mail• Henning HHRLaw.com
TAMMY L. CHAMPAIGN, and
GARTH CHAMPIGN, her husband
Plaintiffs
v.
DAYTON E. BALTIMORE, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2010-4698
: 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, 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
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan mks adelante en las siguientes p~ginas, debe tomar accion dentro de los proximos
veinte (20) dias despu8s de la notificaci6n de esta Demanda y Aviso radicando personalmente o
por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus
defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de
que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin
usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra
reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA 4E PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
(71?) 249-3166
HANDLER, HENN,~NG js~-RO'Sf~AL~EI~G, LLP
By. `~ ~=
W. Scott Henning,
W. Scott Henning, Esq.
I.D. # 32298
HANDLER, HENNING 8 ROSENBERG, LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax : (717) 233-3029
E-mail: Henning@HHRLaw.com
Attorneys for Plaintiff
TAMMY L. CHAMPAIGN, and
GARTH CHAMPAIGN,
her husband
v.
Plaintiffs
DAYTON BALTIMORE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-4698
CIVIL ACTION -LAW
COMPLAINT
AND NOW come the Plaintiffs, Tammy L. Champaign and Garth Champaign, by
and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott
Henning, Esq., and make this Complaint against the Defendant, Dayton Baltimore, and
aver as follows:
1. Plaintiff, Tammy L. Champaign, is an adult individual currently residing at 326
S. Enola Dr., Enola, Cumberland County, Pennsylvania.
2. Plaintiff, Dayton Baltimore is an adult individual currently residing at 2002
Bellevue Rd., Harrisburg, Dauphin County, Pennsylvania.
3. At all times material hereto, the road surfaces were wet and street lights
illuminated the roadway.
4. At all times material hereto, Defendant, Dayton Baltimore, was the operator
of a 2000 Ford F-150 (hereinafter "Defendant's vehicle").
5. At all times material hereto, Plaintiff, Tammy L. Champaign, was insured
under a personal automobile insurance policy with Nationwide Insurance Company.
6. Pursuant to 75 Pa. C.S.A. § 1705, Plaintiff, Tammy L. Champaign, is
permitted to seek non-economic damages because she suffered a serious impairment of
bodily function as a result of the injuries she sustained in this crash.
7. Plaintiff, Tammy L. Champaign, is further permitted to seek non-economic
damages as if she retained full tort rights because Plaintiff, Tammy L. Champaign, was a
pedestrian when she was struck by Defendant's motor vehicle.
8. On or about November 23, 2009, at approximately 5:15 p.m., Plaintiff,
Tammy L. Champaign, was tending to her dog that had been hit by an automobile and
came to rest lying in the southbound lane of Enola Drive.
9. On or about November 23, 2009, at approximately 5:15 p.m., several
motorists traveling on Enola Drive observed Plaintiff, Tammy L. Champaign, and stopped
their vehicles while using four-way emergency flashers.
10. On or about November 23, 2009, several minutes after Plaintiff, Tammy L.
Champaign, had knelt beside her dog in the southbound lane, Defendant, Dayton
Baltimore, suddenly and without warning struck Plaintiff, Tammy L. Champaign, as she
2
was tending to her dog dragging her approximately thirty-one feet beneath Defendant's
vehicle.
11. As a direct and proximate result of the negligence of the Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, sustained serious personal injuries as set forth
more specifically below.
COUNT 1 -NEGLIGENCE
TAMMY L. CHAMPAIGN v. DAYTON BALTIMORE
12. All prior paragraphs are incorporated herein as if set forth at length below.
13. The occurrence of the aforementioned incident and the resultant injuries to
Plaintiff, Tammy L. Champaign, are the direct and proximate result of the negligence and
carelessness of Defendant, Dayton Baltimore, generally and more specifically, asset forth
below:
(a) In failing to keep a proper lookout for pedestrians;
(b} In failing to be reasonably vigilant to observe multiple stopped
vehicles using emergency flashers;
(cj In failing to be continuously alert in order to perceive any warning of
danger that was reasonably likely to exist;
(d) In driving Defendant's vehicle in careless disregard for the safety of
persons or property, in violation of 75 Pa. C.S.A. § 3714;
(e) In failing to drive at a careful and prudent speed that prevented the
Defendant's vehicle from coming to a stop within the assured clear
distance ahead, in violation of 75 Pa. C.S.A. § 3361;
3
(f) In failing to operate said vehicle at a speed, and under such control
as to be able to stop prior to striking the Plaintiff pedestrian;
(g) In failing to drive at a safe and appropriate speed when special
hazards exist with respect to weather conditions and pedestrians;
(h) In failing to operate said vehicle as a reasonable and prudent
person would in similar circumstances; and
(i) In operating said vehicle without properly and adequately observing
the existing conditions, namely, pedestrian traffic.
14. As a direct and proximate result of the negligence of Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, sustained serious personal injuries including,
but not limited to, pelvis fracture, cerebral contusion, right occipital condyl fracture, and
lung {aceration, and underwent multiple surgeries.
15. As a direct and proximate result of the negligence of Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, has suffered physical pain, discomfort,
humiliation, and mental anguish, and will continue to endure the same for an indefinite
period of time in the future to her physical, emotional, and financial detriment and loss.
16. As a direct and proximate result of the negligence of Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, has been compelled, in order to effect a cure
for the aforesaid injuries, to expend money for medicine and/or medical care and attention,
and she may continue to do so in the future, to her detriment and loss.
17. As a direct and proximate result of the negligence of Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, has suffered a loss of income and will in the
future continue to suffer a loss of income and/or earning capacity, to her great financial
4
detriment and loss.
18. As a direct and proximate result of the negligence of Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, has been, and will in the future be, hindered
from attending to her daily activities and duties, to her detriment, loss, humiliation and
embarrassment.
19. As a direct and proximate result of the negligence of Defendant, Dayton
Baltimore, Plaintiff, Tammy L. Champaign, has suffered a loss of life's pleasures, and will
continue to endure the same in the future, to her detriment and loss.
20. Plaintiff, Tammy L. Champaign, believes, and therefore avers, that her
injuries are permanent and serious in nature.
WHEREFORE, Plaintiff, Tammy L. Champaign, seeks damages from Defendant,
Dayton Baltimore, in an amount in excess of the compulsory arbitration limits of
Cumberland County, exclusive of interest and costs.
COUNT II -LOSS OF CONSORTIUM
GARTH CHAMPAIGN v. DAYTON BALTIMORE
21. All prior paragraphs are incorporated herein as if set forth at length below.
22. At all times material to this action, Plaintiffs, Tammy L. Champaign and Garth
Champaign, were lawfully married as husband and wife.
23. As a result of the negligence of the Defendant, Dayton Baltimore, Plaintiff,
Garth Champaign, has suffered a loss of consortium, society, and comfort from his wife,
Tammy L. Champaign, and he will continue to suffer a similar loss in the future.
5
24. As a result of the negligence of Defendant, Dayton Baltimore, Plaintiff, Garth
Champaign, has been compelled, in order to effect a cure for his wife's injuries, to expend
money for medicine and medical attention and will be required to expend money for the
same purposes in the future, to his detriment and loss.
WHEREFORE, Plaintiff, Garth Champaign, seeks damages from the Defendant,
Dayton Baltimore, in an amount in excess of the compulsory arbitration limits of
Cumberland County exclusive of interest and costs.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
Date: ~ U ~ ~l~ By:
W. Scott Hennin~Ebq.
Attorney I.D. # 32298
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
(717) 238-2000
Attorney for Plaintiffs
6
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are
based upon information which has been furnished to counsel by me and information which
has been gathered by counsel in the preparation of this lawsuit. The language of the
document is of counsel and not my own. I have read the document and to the extent #hat
it is based upon information which I have given to counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the contents of the document
are that of counsel, 1 have relied upon my counsel in making this Verification. The
undersigned also understands that the statements made therein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
. Champaig
Date:
ib
'David cD. Buell
(Prothonotary
Office of the Prothonotary
Cum6er[andfCounty, (Pennsylvania
7�yrkS. Sohonage, ESQ
Solicitor
/0 r LQS CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 ® Carlisle, P 0 (Phone 717 240-6195 0 q'a ( 71 7 240-6573