Loading...
HomeMy WebLinkAbout02-0156IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.O .- Civil Action - ( X ) Law ( ) Equity Tina Carannante and Paolo Carannante, her husband 5750 Castlebridge Rd., Apt. 204 Fredericksburg, VA 22407, George Richardson 83 Mountain Road Mt. Holly Springs, PA 17065, Plaintiff(s) & : Defendant(s) & Address(es) : Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. 1 Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff Ira H. Weinstock, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Name/Address/Telephone No. of Attorney Signature of Attorney Supreme Court I.D. No. 01602 Dated: January 10, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ( ) Check here if reverse is issued for additional information. Prothonotary ' / / /FDeputy TINA CARANNANTE AND PAOLO CARANNANTE, her husband Plaintiffs GEORGE RICHARDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-156 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. Dated: February 7, 2002 MAR~ D/~)F WILLIAMS& OTTO By G~(ff~ge B. Failer, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RULE AND NOW, this ~t ~day of t~ ,2002, a Rule is issued upon the Plaintiffto file a Complaint within twenty (20) days from service hereof. Prothonotary ! CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ira H. Weinstock, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 MARTSON DEARDORFF WILLIAMS & OTTO By~]~)~ ¢ ~ Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2002 F \FI LES~DATAFI LE\FORMS/747- accept I/nlm Created: 02/07/02 07:37:49 AM Revised: 02/07/02 07:38:12 AM 3090.747 TINA CARANNANTE AND PAOLO CARANNANTE, her husband Plaintiffs GEORGE RICHARDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-156 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ATTORNEY'S ACCEPTANCE OF SERVICE I, George B. Faller, Jr., Esquire, accept service of the Complaint on behalf of Defendant George Richardson and certify that I am authorized to do so in accordance with Pa. R.C.P. 402. Date: February 7, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By ~~ Ge~ F a~q'~4~E s quire I.D. Number 49813 ' Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Attorney's Acceptance of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ira H. Weinstock, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2002 SHERIFF'S RETURN - ?%SE NO: 2002-00156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAR3LNNANTE TINA ET AL VS RICHARDSON GEORGE REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RICHARDSON GEORGE the DEFENDANT at MDW&O at 1057:00 HOURS, on the 29th day of January , 2002 10 EAST HIGH STREET CARLISLE, PA 17013 by handing to MARK DENLINGER, ATTORNEY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of A.D. So Answers: R. Thomas Kline oz/3o/2oo2 IRA H. WEINST~ Deputy Sheriff Acceptance of Service I accept the service of thewrit of b-~ns (on beh~f of George Richardson and certify that I am authorized to do so.) Martson Deardorff Williams & Otto Mailing Address for John Fowler 10 E. High St. Carlisle, PA 17013 TINA CARANNANTE, and PAOLO CARANNANTE, her husband, Vo Plaintiffs, GEORGE RICHARDSON, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-156 CIVIL ACTION - LAW 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 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 loose 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. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. si usted desea defenderse de las quejas expuestas en las paginas siguientes debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cuaiquier dinero reclamado en la demanda o pot cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS 1MPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 TINA CARANNANTE, and PAOLO CARANNANTE, her husband, Vo Plaintiffs, GEORGE RICHARDSON, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-156 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, the Plaintiffs, Tina Carannante and Paolo Cararmante, by and through their attorney, Ira H. Weinstock, P.C., submit this Complaint demanding judgment against the Defendant, George Richardson, and in support thereof aver the following: 1. Plaintiffs, Tina Carannante and Paolo Carannante, husband and wife, are adult individuals and residents of the Commonwealth of Virginia, residing at 5750 Castle Bridge Road, Apt. 204, Fredericksburg, Virginia 22407. 2. Defendant, George Richardson, is an adult individual and citizen of the Commonwealth of Pennsylvania residing at 83 Mountain Road, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. On January 21, 2000 at approximately 11:33 p.m., Defendant, George Richardson, was operating a motor vehicle in the southbound direction of Route 81 in thc area of mile post 62, Hampden Township, Cumberland County, Pennsylvania and was involved in an accident with a vehicle operated by Brian Nicholson. 4. In the aforementioned accident, Defendant violently collided with the rear of the vehicle operated by Brian Nicholson causing both vehicles to be disabled. 5. On the same date, at approximately 11:34 p.m., Plaintiff, Tina Carannante, was operating a 1998 Honda Civic in the southbound direction directly behind the Defendant on Interstate 81 in the vicinity of mile post 62, Hampden Township, Cumberland County, Pennsylvania. 6. At~er the accident occurred, Defendant, George Richardson, removed himself from the vehicle and left the vehicle sitting in the left hand lane in the southbound direction of Interstate 81, in the path of the vehicle operated by Tina Carannante. 7. Plaintiff, Tina Carannante, while operating her vehicle in the left hand land, collided with the rear of the Defendant's vehicle. 8. Subsequent to both of the aforementioned accidents, Defendant was determined to be driving under the influence of alcohol and was charged with the same, together with a violation of Section 3361 (Driving vehicle at safe speed) and Section 3714 (Careless Driving) of the Pennsylvania Motor Vehicle Code. 9. As a result of the aforementioned collision with Plaintiff's vehicle, which was caused by the negligence of the Defendant, Plaintiff Tina Carannante sustained various serious bodily injuries and damages which will be described in greater detail herein. 10. As a direct and proximate result of the carelessness and negligence of the Defendant, as described in the foregoing paragraphs of this complaint, Plaintiff, Tina Carannante, sustained severe and disabling injuries to the bones, muscles, tissues, nerves, tendons and nervous system, including but not limited to facial fracture, nasal fracture, complex lacerations of the nose, right forehead and lip, and fracture of the septum. 2 11. As a direct and proximate result of the carelessness and negligence of the Defendant, as described in the foregoing paragraphs of this complaint, Plaintiff, Tina Carannante, has been obliged to receive and undergo medical attention and care and to incur various medical expenses for the injuries which she has suffered, and she will be obliged to acquire in the future, medicines, medical care, hospitalization and treatment and will in the future be compelled to expend large sums of money and incur monetary obligations for such care and treatment. 12. As a direct and proximate result of the carelessness and negligence of the Defendant, as described in the foregoing paragraphs of this complaint, Plaintiff, Tina Carannante, has been disabled and will continue to be disabled from performing her usual duties, occupations and vocations with a consequent loss of earnings, earning power and earning potential and has suffered and will continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation and disfigurement as well as limitations and restrictions on her usual activities, pursuits and pleasures. COUNT I PLAINTIFF, TINA CARANNANTE VS. DEFENDANT, GEORGE RICI-IARD$ON 13. The Plaintiff, hereby incorporates by reference 1 through 12 as though set forth at length herein. 14. Defendant, George Richardson, was guilty of negligence, carelessness, and/or recklessness in the following particular respects: (a) Failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead to avoid colliding with the vehicle operated by Brian Nicholson which was the cause of Plaintiff's injuries; 3 (h) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) Failure to apply his brakes in sufficient time to avoid striking the rear of a vehicle operated by Brian Nicholason which led to the collision between the Plaintiff and Defendant; (d) Failure to travel at a safe speed which resulted in the collision with the vehicle operated by Brian Nicholson and which led to the collision with Plaintiffs vehicle; (e) Failure to yield the right of way to the vehicle operated by Brian Nicholson which led to the accident which caused the collision with Plaintiffs vehicle; (f) Failure to keep a proper watch fo.r traffic on the highway; (g) Failure to drive his vehicle with due regard for the highway and traffic conditions which were then occurring and of which he was or should have been aware; (h) Failure to keep proper and adequate control over his vehicle; (i) Driving his vehicle upon the highway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania; specifically Defendant was found to be in violation of 75 Pa. C.S.A. § 3731(Driving Under the Influence of Alcohol), § 3361(Driving Vehicle at Safe Speed) and § 3714 (Careless Driving); (J) Driving his vehicle while under the influence of alcohol to a degree which rendered him incapable of safe driving and driving his vehicle while having a blood alcohol content of .2% in violation of 75 Pa. C.S.A. § 3731; (k) Failing to take appropriate actions to remove his vehicle from the roadway in a reasonable and prudent manner; WHEREFORE, Plaintiff, Tina Carannante, demands judgment in her favor and against Defendant for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County, together with delay damages pursuant to 4 Pennsylvania Rule of Civil Procedure 238, Attorney's Fees, lawful interest, ptmitive damages, costs and any other relief the Court deems just and appropriate. COUNT II PLAINTIFF, PAOLO CARANNANTE VS. DEFENDANT, GEORGE RICHARDSON 15. The Plaintiff, hereby incorporates by reference 1 through 14 as though set forth at length herein. 16. At all times material hereto, Plaintiff, Paolo Carannante, was the lawfully wedded husband of Tina Carannante. 17. As a result of the aforementioned injuries sustained by his wife, Tina Carannante, Plaintiff, Paolo Carannante 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 detriment and claim is made therefore. WHEREFORE, Plaintiff, Paolo Carannante, demands judgment in his favor and against Defendant for a surn in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County, together with delay damages pursuant to Pennsylvania Rule of Civil Procedure 238, Attorney's Fees, lawful interest, punitive damages, costs and any other relief the Court deems just and appropriate. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 IRA H. WEINSTOCK ]3. DOUGI-~RT~ COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF We verifY that the statements made in the attached COMPLAINT are true and correct. We understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. - TINA (~ARAI~NANTE PAOLO CARANNANTE CERTIFICATE OF SERVICE AND NOW, this 27th day of March, 2002, I, John B. Dougherty, Esquire, attorney for Plaintiff, hereby certify that I served the within COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 ~(~HN B. DOUGI~RT~' F:heILES~DATAFILE\Travdec cur\747 - am. I/nlm C'[¢ated: 0~/09/02 04:19:48 PM Revised: 04/10/02 09:49:44 AM 3090747 TINA CARANNANTE AND PAOLO CARANNANTE, her husband Plaintiffs V. GEORGE RICHARDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-156 CIVIL ACTION-LAW JURY TRIAL OF TWt DEFENDANT'S ANSWER TO PLAINTIFFS' COb 1. After reasonable investigation, the Answering Defendan information sufficient to form a belief as to the troth or falsity of these 2. Admitted. 3. Admitted. 4-12. Denied pursuant to Pa. R.C.P. 1029(e). COUNT I ;LVE DEMANDED [PLAINT is without knowledge or .verments. PLAINTIFF TINA CARANNANTE VS. DEFENDANT GEOI~GE RICHARDSON 13. The averments of paragraphs 1 through 12 of this Answer are hereby incorporated by reference. 14. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor an~ dismissal of Plaintiffs' Complaint with prejudice. COUNT II CARANNANTE VS. DEFENDANT GEORGE RICHARDSON PLAINTIFF PAOLO averments of paragraphs 1 through 14 of this Answer are hereby incorporated The by reference. 16-17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs' Complaint with prejudice. MARTSON DEARDORF~ WILLIAMS & OTTO BYGeoi~. F~ !ui~, I.D. Number 49813 Ten East High Street 1 Carlisle, PA 17013-309~ (717) 243-3341 Attorneys for Defendan VERIFICATION The foregoing Defendant's Answer to Plaintiffs' Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The ilanguage of the document is that of counsel and not my own. I have read the dogument and to the ~xtent that it is based upon information which I have given to my counsel, it is true and correct to t~e best of my knowledge, information and belief. To the extent that the content oi~ the documeni is that of counsel, I have relied upon counsel in making this verification, i This statement and verification are made subject to the penalties o~ 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that ii I make knowingly false averments, I may be subject to criminal penalties. ~'Ge~t~e Ri~chard[on CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, po!tage prepaid, addressed as follows: John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. Suite 100 800 N. Second Street Harrisburg, PA 17102 MARTSON DEARDORFF WILLIAMS & OTTO Dated: By Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 TINA CARANNANTE and PAOLO CARANNANTE, her husband, VS. GEORGE RICHARDSON, Plaintiffs, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 02 - 156 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 ~-jOH~,,I B. DOUGI~RTY ~ Atty. I.D. No. 70680 DISCONTINUANCE AND NOW THIS ~ day of _~ ~ ~/~___ case is hereby marked settled, discontinued and ended. 2003, the above-captioned PROTHONOTARY: By: CERTIFICATE OF SERVICE AND NOW, this 6th day of August, 2003, I, JOHN B. DOUGHERTY, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PRAECIPE this day by mailing the same to: George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 By: (~,o4,-~.., ~I:~. /~CA.I~ ~ ~)HN B. DOUGHERI~Y ~