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HomeMy WebLinkAbout10-6276FILED-OFFICE OF THE'PP,,CMVJoTApy 20 19 OCT I F1 2: 37 O'UMSERLAND COU?4Ty PENlrlSYLVAN1A ANGINO & ROVNER, P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband Plaintiffs V. BILLY B. GOLDEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. lp - !0'17(0 3V, I Ter* CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 O 32 S. Bedford St., Carlisle 17013 4Qa 00 PD ATW (717) 249-3166 C"t 831 4d 0 '7gg05T- 449418 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defMarshalle de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues 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 acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St., Carlisle 17013 (717) 249-3166 TELEFONO (717) 249-3166 449418 ANGINO & ROVNER, P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. /6,4176 ?,?: --tel- ^ V. BILLY B. GOLDEN Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Margaret M. McCormick and John P. McCormick are wife and husband and adult individuals, citizen of the Commonwealth of Pennsylvania, who reside at 625 Kise Mill Road, York Haven, York County, Pennsylvania. 2. Defendant Billy B. Golden is an adult individual, who resides at 15 Briar Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about March 25, 2009, at approximately 4:35 p.m., in front of the Weis Market located at 5140 Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Margaret M. McCormick had exited the Weis Markets after grocery shopping and was lawfully walking on the parking lot, within a crosswalk, heading to her vehicle. 5. At that time and place, Defendant Billy B. Golden was operating a 2003 Dodge Minivan and was pulling out from the stop sign, making a left, in front of the Weis Market on Simpson Ferry Road. 449418 6. Plaintiff Margaret M. McCormick was halfway across the road. 7. At that time and place, Defendant Billy B. Golden, operated his vehicle while under the influence, accelerated his vehicle while making a left hand turn, and suddenly without warning violently ran over Plaintiff's left foot and knocked her to the ground. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Margaret M. McCormick and John P. McCormick are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Billy B. Golden operated his motor vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of pedestrians who might be in the parking lot; (b) failing to properly inspect the premises for situations or conditions that might pose a hazard to persons in the area; (c) failure to apply his brakes in sufficient time to avoid striking Plaintiff Margaret M. McCormick; (d) failure to keep proper and adequate control over his vehicle; (e) failure to yield the right-of-way to a pedestrian who was properly crossing the parking lot; (f) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (g) failure to keep alert and maintain a proper watch for the presence of pedestrians; (h) failure to travel at a safe speed; (i) operating his vehicle while under the influence of alcohol; and (j) driving his vehicle in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of other in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 449418 2 CLAIM I MARGARET M. McCORMICK v. BILLY B. GOLDEN 9. Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by reference. 10. Plaintiff Margaret M. McCormick sustained painful and severe injuries, which include but are not limited to the left foot, ankle and lower leg, and right patella fracture. 11. By reason of the aforesaid injuries sustained by Plaintiff Margaret M. McCormick, she was forced to incur liability for medical treatment, medications, chiropractic, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Margaret M. McCormick has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. Plaintiff Margaret M. McCormick has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. Plaintiff Margaret M. McCormick continues to be plagued by persistent pain and limitation and, therefore, avers her injuries may be of permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II - PUNITIVE DAMAGES MARGARET M. McCORMICK AND JOHN P. McCORMICK v. BILLY B. GOLDEN 15. Paragraphs 1 through 14 of Plaintiffs' Complaint are incorporated herein by reference. 449418 3 16. Before the aforementioned accident, Defendant Billy B. Golden consumed alcoholic beverages. 17. Defendant Billy B. Golden had an open alcoholic beverage in his vehicle at the time of the accident. 18. After consuming alcoholic beverages, Defendant Billy B. Golden knew or should have knows that he was intoxicated and unable to operate a motor vehicle in a safe manner. 19. Defendant Billy B. Golden knew or should have known that his conduct of operating a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights of others on the highway. 20. Defendant Billy B. Golden knew or should have known that operating a motor vehicle while under the influence of alcohol created a high degree of risk to other persons on the roadway. 21. Said conduct of Defendant Billy B. Golden constitutes wanton and willful negligence, is outrageous, and entitles Plaintiffs to an award of punitive damages. CLAIM III JOHN P. McCORMICK v. BILLY B. GOLDEN 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated herein by reference. 23. As a result of the aforementioned injuries sustained by his wife, Plaintiff Margaret M. McCormick, Plaintiff John P. McCormick has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great 449418 4 detriment, and claim is made therefor. WHEREFORE, Plaintiffs Margaret M. McCormick and John P. McCormick demand judgment against Defendant Billy B. Golden in an amount excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of the jurisdictional amount requiring compulsory arbitration. Date: 7/70/4% ANG1NO & ROVNER, P.C. mow. eh A. S squire PA I. D. o. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiffs 449418 5 NAML VERIFICATION I, MARGARET M. McCORMICK, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. WITNESS: 2L?- - MARL M. McCORMICK Dated: Z*-U 203648 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???tttr of L ?t u+Gr?.?? ft? t, MCE OF T"E S-E RIFF Margaret M. McCormick vs. Billy B. Golden Case Number 2010-6276 SHERIFF'S RETURN OF SERVICE F1 ' ?at F 3V4 X ¢ 0?y L3 T11'I1 (?"!. a C+F" i y, i ? l t 1-0 [111 --7 Tti-I 10/04/2010 05:07 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 4 2010 at 1707 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Billy B. Golden, by making known unto Alice Golden, Wife of defendant at 15 Briar Lane; Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 October 05, 2010 ROB BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C CouniySuito Sheriff. Telecsoft. Inc. Ff~.EI~-4FFfC ~~i0 CCT 25 ~j~~ I ~ ~ ~'~+ FORRY ULLMAN "(.lt~~F~i ~~ ~~ ~.~~i.~~-.~ BY: RANDY T. BURCH, ESQUIRE ~~~~~a*~,~~i r, ~,~~: Attorney I.D. No. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs, vs. BILLY B. GOLDEN, Defendant Attorneys for Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO: 10-6276 CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, BILLY B. GOLDEN, TO PLAINTIFFS' COMPLAINT Defendant, Billy B. Golden, by and through, his legal counsel, Forry Ullman, files the instant Preliminary Objections to Plaintiffs' Complaint, and in support thereof, avers as follows: 1. Plaintiffs commenced the above-captioned matter seeking, among other things, money damages for personal injuries allegedly rising from an accident that occurred on March 25, 2009. A copy of Plaintiffs' Complaint is attached hereto as Exhibit "1 ". 2. Therein Plaintiffs have included certain, improper allegations, which accuse the moving defendant of engaging in "wanton", and/or "reckless" conduct in causing the subject accident. See Exhibit "1". 3. Further, Plaintiffs have improperly set forth a separate cause of action in Claim II for punitive damages. See Exhibit "1". I. MOTION TO STRIKE "CLAIM II -PUNITIVE DAMAGES" OF PLAINTIFFS' COMPLAINT IN ITS ENTIRETY PURSUANT TO Pa.R.C.P. 1028(a)(4). 4. Claim II of Plaintiffs Complaint improperly attempts to set forth a cause of action for punitive damages. See Exhibit "1 ". 5. Pennsylvania law is clear that there is no cause of action for punitive damages. See Kirkbride v. Lisbon Contractors, Inc., 521 Pa. 97, 101 (1989) (citing Rhoads v. Heberling, 306 Pa.Super. 35 (1982) and Laniecki v. Polish Army Veterans Assoc., 331 Pa.Super. 413 (1984)); Hilbert v. Roth, 395 Pa. 270 (1959) (holding same). 6. Instead, under Pennsylvania law, punitive damages, only qualify as an "element of damages". See Kirkbride, supra. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order striking "Claim II -Punitive Damages" of Plaintiffs' Complaint, in its entirety, with prejudice. II. MOTION TO STRIKE ANY AND ALL ALLEGATIONS OF WANTON AND/OR RECKLESS CONDUCT AND DEMANDS FOR PUNITIVE DAMAGES PURSUANT TO Pa.R.C.P. 1028(a)(4). 7. In addition to improperly attempting to set forth a cause of action for punitive damages in "Claim II" of the Complaint, Plaintiffs' Complaint alleges "wanton", "reckless" and/or "outrageous" conduct in Pazagraphs 8, $(j), and/or 19. 8. Plaintiffs' Complaint however fails to allege facts sufficient to support his allegations of "wanton" and "reckless" conduct and/or his allegations of "outrageous" conduct. 9. Under Pennsylvania law, punitive damages are to be rarely awarded to deter and/or punish "extreme behavior". See Martin v. Johns-Manville Corp., 508 Pa. 154 (1985); Jeannette Paper Co. v. Longview Fibre, 378 Pa.Super. 148 (1988). Put another way, such damages cannot be awarded for "errors in judgment". See McDaniel v. Merck, 367 Pa.Super. 600 (1987). 10. Extreme behavior is defined by our Courts as: "[outrageous] acts done with a bad motive or with a reckless indifference) to the interests of others" and/or an act "which creates actual damages [and] also imports insult or outrage and is committed with a view to oppress, or is done in contempt of plaintiffs' rights". See Chambers v. Montgomery, 411 Pa. 339, 344 (1963) (quoting Comment b of the Restatement of Torts § 908(1)); McClellan v. Health Maintenance Organization of Pennsylvania, 413 Pa.Super. 128 (1992)(citing Golomb v. Korus, 261 Pa.Super. 344 (1977) et al.). 11. In the instant case, the factual allegations set forth in the Complaint are clearly insufficient as a matter of law to support the allegations of wantonness, recklessness, outrageousness and/or the Plaintiffs' demands for punitive damages. 12. The factual allegations of the Complaint may, if proven true, support a finding of negligence on the Defendant's behalf, but not one of wantonness and/or recklessness under Pennsylvania law. See Martin, supra. 13. Accordingly, all allegations of "wanton", "reckless", and/or "outrageous" conduct, and all demands for punitive damages should be stricken from Plaintiffs' Complaint. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order striking any and all allegations of "wanton", "reckless" and/or "outrageous" conduct from Plaintiffs' Complaint as well as any and all demands for "punitive damages" therein, with prejudice. Respectfully submitted: Dated: October 22, 2010 By: RAN T. BURCH, ESQUIRE ' An act is done with a "reckless indifference to others" if a person acts in blatant disregard of an extreme risk known to him/her or in blatant disregard of an extreme risk that is so obvious that he/she must be deemed by the Court to have been aware of it. See Summit Fasteners, Inc. v. Harleysville National Bank Trust Co., 599 A.2d 203 (Pa.Super. 1991). FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs vs. BILLY B. GOLDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO: IO-6276 CIVIL TERM JURY TRIAL DEMANDED PROOF OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, being duly sworn according to law, deposes and says that I served Defendant's Preliminary Objections to Plaintiffs' Complaint by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October 22, 2010 By: RANDY .BURCH, ESQUIRE Attorneys for Defendant FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs vs. BILLY B. GOLDEN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO: 10-6276 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATION OF ADDRESS I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, being duly sworn according to law, hereby certify that the following are the parties to be served with the Proposed Order and Preliminary Objections to Plaintiffs' Complaint: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Randy T. Burch, Esquire Forry Ullman 540 Court Street, P.O. Box 542 Reading, PA 19603 Date: October 22, 2010 By: ~ T. BURCH, ESQUIRE Attorneys for Defendant ~~% ~/ ANGINO & ROVNIJR, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 1 7 1 1 0-1 708 (7I7) 238791 FAX {717) 238»5610 Attorneys for Ptainti~s) E-mail: rsadiock(a~ar-gino-rovner.com MARGARET M. McCORMICK and JOHN F. McCORMICK ,her husbamd,~ Plaintiffs v. SILLY B. GOLDEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. to - too17(0 Ctivii 1er'r>ti CIVIL ACTION -LAW JURY ZRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to -defend against the claims set forth.in the following pages, you must take actioin within twenty (20} days after this Complaint and Notice are served, by entering a written appeartance• 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 judgmerrt may be entered against you by the Court without further notice for any money claimed in the Co»plaint ;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 MAYBE ABLE"TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERz~:~EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. t_'. Cumberland County Bar Association `j, ,:: 32 S. Bedford St., Carlisle 17013 "~', (717) 249-3166 =' TRUE COPY FROM {n ~morry wheniaf. l tress aAio sMt msr hrrb ,a,d u,. ~ ot..a oo~.c+~cc~«w. a ~ _QQ 44sa18 ~~~~1oe~1C.. d~.l~~~Ph~°tl'°"°t'ry Avlso LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defMarshalle de las demandas que se persentan mss adelante en las siguientes pdginas, debe tomar accibn dentra de los prbxirnos veinte (20) digs despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abagado una comparecentia escrita y radicando en Ia Corte por escrito sus defenses de, y objecciones a , las demandas presentadas aqui en contra soya. Se le advierte de que si usted fella de tomar acciGn como se ~ describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands a cualquier otra reclamacibn o remedia solititado por el demandante puede ser dictado en contra soya por la Corte sin mss aviso adieional. Used puede perder dinero o propiedad u otras derechos importantes pare used. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA FUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGAL`ES ::SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St., Carlisle 17013 (717) 249-3166 TELEFONO {717) 249-3166 aa94~s ANGWO & ROVNER, P.C. Richard A. Sadlocdc Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17 ] 10-1708 (7 t T} 238-6791 FAX (7 T 7) 238.5610 Attorneys for Plaiatii~s} >rmail: rsadlocka{~angino-rovner.com MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband Plaintiffs v. BILLY B. GOLDEN Defendant IN THE COURT OF COMMON PLEAS CUMBEI~LANri.~ COUNTY;` PA NO. CNIL ACTION`- LAW JURY TRLQiL DEMANDED COMPLAINT ,' 1. Plaintiffs Margaret M. McCormick and John P. McCormick are wife and husband and adult individuals, citizen of the Commonwealth of Pennsylvania, who reside at 625 Kise Mill Road, York Haven, York County, Pennsylvania. 2. Defendant Billy B. Golden is an adult individual, who resides at 15 Briar Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about March 25, 2009, at approximately 4:35 p.m., in front of the Weis .Market located at 5140 Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Margaret M. McCormick had exited the Weis Markets after grocery shopping and was lawfully walking on the parking lot, within a crosswalk, heading to her vehicle. 5. At that time and place, Defendant Billy B. Golden was operating a 2003 Dodge Minivan and was pulling out from the. stop sign, making a left, in front of the Weis Market on Simpson Ferry Road. 4a9a18 1 6. Plaintiff Margaret M. McCormick was halfway across the road. 7. At that time and place, Defendant Billy B. Golden, operated his vehicle while under the influence, accelerated his vehicle -while making a left hand turn, and suddenly without warning violently ran over Plaintiff s left foot and knocked her to the ground. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Mazgaret M. McCormick and John P. McCormick are the direct and proximate result of the negligent, cazeless, wanton, and reckless manner in which Defendant Billy B. Golden operated his motor vehicle as follows: 449418 {a) failure to keep alert and maintain a proper watch for the presence of pedestrians who might be in the parking: lot; {b) failing to properly inspect the premises for situations or conditions that might pose a hazard to persons in the<area;. {c} failure to apply his brakes in sufficient time to avoid striking Plaintiff Margaret M. McCormick; (d) failure to keep proper and adequate control over his vehicle; (e) failure to yield the right-of--way to a pedestrian who was properly crossing the parking lot; (f) failure to have his vehicle underssuch control as to be able to stop within the assured clear distance ahead; (g) failure to keep alert and maintain a proper watch far the presence of pedestrians; {h) failure to travel at a safe speed; {i) operating his vehicle while under~the influence of alcohol; and {j) driving his vehicle in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of other in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 2 CLAIM I MARGARET M. McCORMICK v. BILLY B. GOLDEN 9. Paragraphs 1 through 8 of Fiaintiffs' Complaint are incorporated herein by reference. 10. Plaintiff Margaret M. McCormick sustained painful and severe injuries, which include but are not limited to the lef3 foot, ankle and lower leg, and right patella fracture. 1 l . By reason of the aforesaid injuries sustained by Plaintiff Margaret M. McCormick, she was forced to incur liability for medical treatment, medications, chiropractic, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature x~f her injuries, Plaintiff Margaret M. McCormick has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. Plaintiff' Margaret M. McCormick has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. Plaintiff Mazgaret M. McCormick continues to be plagued by persistent pain and limitation and, therefore, avers her injuries may be of permanent nature, causing residual problems for the remainder of her Iifetime, and claim is made therefor. CLAIM R - PUNITIVE DAMAGES MARGARET M. McCORMICK AND JOHN P. McCORMICK v. BILLY B. GOLDEN 15. Paragraphs 1 through I4 of PIaintiffs' Complaint are incorporated herein by reference. 449418 3 l6. Before the aforementioned accident, Defendant Billy B. Golden consumed alcoholic beverages. 17. Defendant Billy B. Golden had an open alcoholic beverage in his vehicle at the time of the accident. 18. After consuming alcoholic beverages, Defendant Billy B. Golden knew or should have knows that he was intoxicated and unable to operate a motor vehicle in a safe manner. 19. Defendant Bilty B. Golden knew or should have known that his conduct of operating a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights of others on the highway. 20. Defendant Billy B. Golden knew or should have known that operating a motor vehicle while under the influence of alcohol created a high degree of risk to other persons on the roadway. 21. Said conduct of Defendant Biliy B. Golden constitutes wanton and willful negligence, is outrageous, and entitles Flaintiffs to an award of punitive damages. CLAIDdI-III 30HN P. McCORMICK v. SILLY B. GCILDEN 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated herein by reference. 23. As a result of the aforementioned injuries sustained by his wife, Plaintiff Margaret M. McCormick, Plaintiff John P. McCormick has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great 449418 4 detriment, and claim is made therefor. WHEREFORE, Plaintiffs Margaret M. McCormick and John P. McCormick demand judgment against Defendant Billy B. Golden in an amount excess of Fifty Thousand Dollars {$50,000.00), exclusive of interest and costs and in excess of the jurisdictional amount requiring compulsory arbitration. 9~„~„ ANGINO & ROVNER, P.C. !/'f~ic A. S squire PA I.D. o. 47281 4503 N. Front Street HarASburg, PA 17110 {717) 238-6791 rsadlock@angino-rovner.conn Counsel for Plaintiffs aa9a18 VERIFICATION I, MARGARET M, McCORMICK, da sweaz and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. WI SS: i ~~ MARG T M. McCORMICK - ?,~~~ Dated: 203648 C~~~A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the`,,,~ne ~ Argument Court.) ~ ~ CAPTION OF CASE (entire caption must be stated in full) Margaret M. McCormick and John P. McCormick, her husband, vs. Billy B. Golden ~~ ~ ~~ -t ""G ~ cyst ~-z ,~ ~ ~. ~~ ~ W> ~ ;-- -t ~5 No. 1 n_~97h r.ivi i Term State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: P~~ ---t r:~ ~~ i~ ~ -`.-~ o ~-r `=J ~~ ...~ r~ := Ri ~>,a+-~1 a Sad10 _k, Esnuires 4503 North Front Street . Harrisburg, PA 17110 (Name and Address) (b) for defendants: andy T Bt~rch~ F.G~ it irP,, 540 ('.o in S rPP ~ RaaAingy PA 19fi(1~ (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Date: October 22 , 2010 Signature `J Randy T. Burch, Esquire Print your name Defendant Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 3. FILEQ-O~FiC~ OF Tt-r~ ~R~i+-~C1~3QTAR~' 20100~- 26 ~~~ 1~ ~~ GU ~~~ ~~ r~..LVA~ Ali Y FORRY ULLMAN By: Randy T. Burch, Esquire Attorney I.D. No. 59567 540 Court Street P.O. Box 542 Reading, PA 19603 Telephone: (610) 777-5700 Fax: (610) 777-2499 Email: rburch(a,forryullman.com Attorneys for Defendant MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs v. BILLY B. GOLDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-6276 Civil Term JURY TRIAL DEMANDED OF TWELVE (12) JURORS PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant, BILLY B. GOLDEN, in the above case and designate 540 Court Street, P.O. Box 542, Reading, Pennsylvania 19603 as the place notices and papers other than original process may be served. FORRY ULLMAN i' ~Z~ By: ~ Y T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street, P.O. Box 542, Reading, PA 19603 (610) 777-5700 Attorneys for Defendant w FORRY ULLMAN By: Randy T. Burch, Esquire Attorney I.D. No. 59567 540 Court Street P.O. Box 542 Reading, PA 19603 Telephone: (610) 777-5700 Fax: (610) 777-2499 Email: rburch ,forryullman.com Attorneys for Defendant MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs v. BILLY B. GOLDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-6276 Civil Term JURY TRIAL DEMANDED OF TWELVE (12) JURORS CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 FORRY LTLLMAN By: ~ RAN T. BURCH, ESQUIRE Date: October 25, 2010 ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband Plaintiffs V. BILLY B. GOLDEN Defendant TO THE PROTHONOTARY: 15 Pik is 22 ?'?iw??lw ?Z? .?'?'.} ? to o•r ..- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-6276 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued. Date: 11 ANG NER w1w ock, Esquire PA I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 454565 CERTIFICATE OF SERVICE AND NOW, this 12th day of November 2010, I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of PRAECIPE was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 568-1410 Ms. Cindy Belski (Claim No: 38-L665-544) Claim Representative State Farm Insurance Companies Claim Central - Complex P.O. Box 142 Concordville, PA 19331-0142 r Michelle M. Milojevich 454565 r FILED-O FRIL a F F" 'A M111 FORRY ULLMAN 2x)10 N1 0 V 19 Pt°t 2: 1t 1 BY: RANDY T. BURCH, ESQUIRE, Attorney I.D. No. 59567 )k s 0 540 Court Street, P.O. Box 542` (LV t k t , i Reading, PA 19603 (610) 777-5700 Attorneys for Defendant MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs, VS. BILLY B. GOLDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO: 10-6276 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO REMOVE FROM ARGUMENT TO THE PROTHONOTARY: Kindly remove the Defendant's Preliminary Objections to Plaintiffs' Complaint from Argument, pursuant to settlement of case between the parties. Dated: November 17, 2010 BY: RAND/f T. BURCH, ESQUIRE FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 . `4 Attorneys for Defendant MARGARET M. McCORMICK and JOHN P. McCORMICK, her husband, Plaintiffs, VS. BILLY B. GOLDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW : NO: 10-6276 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, hereby certify that a copy of the foregoing Praecipe to Remove from Argument was mailed to counsel on November 17, 2010, by first-class United States mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: November 17, 2010 BY: RAND T. BURCH, ESQUIRE