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Home My WebLink About12-6205~- r.r~'~ o- i~; ,._ ~ ~ti ~' ~,; ~7~ ~~ ~ P~r~ ~, JOYCE FORTNA~~hI.~~~~~LVAIA. KENNETH FORTNA; "' Plaintiffs v. CASSIDY CIARAVINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT ENNSYLVANIA NO. (~- ~ adS ~ ~~ 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 OR CANNOT AFFORD ONE, 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 S. Bedford Street Carlisle PA 17013 800-990-9108 Ri and E. reeburn, Esquire FREEBORN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 I.D. #30965 Date: 10/03/12 Attorney for Plaintiffs S a~f g~a3~s~Ja~ ~~~ i7~~ JOYCE FORTNA AND KENNETH FORTNA, Plaintiffs v. CASSIDY CIARAVINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero 0 sus propiedades o otros derechos importantes pars usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED 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 Street Carlisle PA 17013 800-990-9108 Ric and E. Freeburn, Esquire FREEBORN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 I . D. #30965 Date: 10/03/12 Attorney for Plaintiffs Richard E. Freebum, Esquire FREEBORN & HAMILTON ID No. 30965 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717) 671-1955 Attorney for Plaintiffs freebu m@pa-i nj u rylawyer.com JOYCE FORTNA AND IN THE COURT OF COMMON PLEAS KENNETH FORTNA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. v. CASSIDY CIARAVINO, :CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, come Plaintiffs, Joyce Fortna and Kenneth Fortna, by their attorneys, Freeburn & Hamilton, PC, and file the following Complaint: 1. Plaintiff, Joyce Fortna and her husband, Kenneth Fortna, are adult individuals who reside at 143 S. Lancaster Street, Jonestown, Lebanon County, Pennsylvania. 2. Defendant, Cassidy Ciaravino, is an adult individual who resides at 5507 Moreland Court, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about November 20, 2010 at approximately 11:06 p.m. at the intersection of Horst Drive and Grace Avenue in Swatara Township, Lebanon County, Pennsylvania. 4.. At or about that time and place, Plaintiff, Joyce Fortna, was operating her 2001 PT Cruiser automobile northbound on Grace Avenue. 5. At or about that time and place, Defendant, Cassidy Ciaravino, was operating a 1999 Ford Escort automobile owned by her father, David Pesta, eastbound on Horst Drive. 6. At or about that time and place, Defendant, Cassidy Ciaravino, was using her cell phone while operating her motor vehicle and was not attending to the roadway, other vehicles on the roadway, and/or traffic control devices such as the stop sign at the intersection between Grace Avenue and Horst Drive. 7. At all times relevant hereto, Defendant, Cassidy Ciaravino, knew that operating an automobile while using her cell phone was dangerous and thereby posed an unreasonable risk of harm to other persons and property. 8., By driving while using her cell phone, Defendant, Cassidy Ciaravino, was a menace to other persons on the roadway, and demonstrated a reckless indifference to the safety of other persons and property. 9, At or about that time and place, Defendant, Cassidy Ciaravino, entered the intersection of Grace Avenue and her car collided with the automobile operated by Plaintiff, Joyce Fortna. 10. The foregoing collision and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, Joyce Fortna and Kenneth Fortna, are the direct and proximate result of the negligent and reckless manner in which Defendant, Cassidy Ciaravino, operated her automobile as set forth above and as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances, and/or without due regard to road, weather, and lighting conditions; b. In failing to have her vehicle under proper and adequate control; c. In failing to apply her brakes in time to avoid the collision; d. In negligently applying her brakes; e. In failing to observe Plaintiffs vehicle on the highway; f. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; 2 g. In permitting or allowing her vehicle to strike and collide with the vehicle operated by Plaintiff; h. In failing to exercise the high degree of care required of a motorist entering an intersection; i. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; j. In failing to properly observe traffic signals and traffic control devices such as a stop sign controlling Defendant's direction of travel; k. In failing to keep a reasonable look-out for other vehicles lawfully on the road; I. In failing to yield the right-of-way to traffic upon the highway, including the automobile operated by Plaintiff, Joyce Fortna; m. In operating a vehicle in a manner not consistent with the road, weather and lighting conditions prevailing at the time; n. In failing to prudently proceed into the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; o. In failing to observe oncoming traffic; p. In proceeding into an intersection when such movement could not be made safely; q. In failing to keep a proper lookout for approaching vehicles; r. In failing to yield the right-of-way to traffic on the intersecting roadway; s. In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; t. In operating a motor vehicle while using a cell phone; u. In failing to stop at a stop sign; and v. In failing to properly stop at a stop sign. 11. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, including 75 Pa. C.S.A. §3323, which is intended to protect persons 3 lawfully on the highway such as Plaintiff, Joyce Fortna, from personal injury, and thus constitutes negligence per se. 12. Plaintiffs are entitled to recover non-economic damages because, among other reasons, plaintiff sustained a "serious injury," as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Law. COUNTI Joyce Fortna, Plaintiff v. Cassidy Ciaravino, Defendant 13. Paragraphs 1-12 are incorporated herein by reference thereto. 14. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, her neck, mid-back, and low back, both legs, both arms, left hand and wrist, both knees, chest, jaw, teeth, head, ribs, right breast, urinary retention, deep vein thrombosis, and pulmonary embolus. 15. By reason of the aforesaid collision and injuries, Plaintiff suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 16. The aforesaid collision and injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. 4 18. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 21. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 22. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 23. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 24. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 25. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 26. By reason of the aforesaid collision and injuries, Plaintiff has been deprived her enjoyment of the pleasures of life. 5 27. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 28. By reason of the aforesaid collision and injuries, Plaintiff has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Joyce Fortna, seeks compensatory and punitive damages against Defendant, Cassidy Ciaravino, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II -LOSS OF CONSORTIUM Kenneth Fortna. Plaintiff v. Cassidv Ciaravino. Defendant 29. Paragraphs 1-28 are incorporated herein by reference thereto. 30. As a result of the aforementioned injuries suffered by his wife, Joyce Fortna, Plaintiff Kenneth Fortna, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of her husband, all of which will be of great detriment, and claim is made therefore. 31. As a result of the aforementioned injuries suffered by his wife, Joyce Fortna, Plaintiff, Kenneth Fortna, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. 6 WHEREFORE, Plaintiff, Kenneth Fortna, demands judgment in his favor and against Defendant, Cassidy Ciaravino, for compensatory and punitive damages in an amount in excess of FIFTY & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. By: Respectfully Submitted, FREEBORN 8~ HAMILTON, PC ~~-- Richard E. Freeburn, Esquire I.D. No. 30965 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Date: 10/03/12 Counsel for Plaintiffs 7 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated. '' - oyce Fortna VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~/ -- Dated: ~ - ~. ff .,P~kwE~%l~ ~~~`o'G~/liGi~.-a Kenneth Fortna SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson .-~~~~_~-3p-~t,N Sheriff ,j ~~~st •, zri ~::i. itt•rFa~,, .a" i ~-P~ ?~i'~ 1 i I~~ .'~~11`'ej Jody S Smith ` Chief Deputy ~~ ~ ~ ~Q~ -$ P~ ~: ~ ~ Richard W Stewart Solicitor ~~° _ CUI~B~RL~i3 l;~.iU~`{ Y ~~~HS~~~.~AN{~ Joyce Fortna (et al.) vs. Cassidy Ciaraino Case Number 2012-6205 SHERIFF'S RETURN OF SERVICE 11/05/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cassidy Ciaraino, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 5507 Moreland Court, Apartment 2, Lower Allen Township, Mechanicsburg, PA 17055. Residence was found to be vacant. SHERIFF COST: $63.45 November 07, 2012 SO ANSWERS, RON r R ANDERSON, SHERIFF ;~ t" i~a ,,.-.. .;~ahi;rJjti~~ e.~.~; , Richard E. Freebum, Esquire FREEBURN & HAMILTON _ rE~'L~`~'tJ ~,~itiji-;~~ `-' D No. 30965 4 m ~y ~ , A.,4 ~ ~~.' i !~'r, ~~ j 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717) 671-1955 freebum@ pa-inj u rylawyer. com Attorney for Plaintiffs JOYCE FORTNA AND KENNETH FORTNA, Plaintiffs v. CASSIDY CIARAVINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-6205 CIVIL ACTION -LAW PRAECIPE TO: Prothonotary 2~~~ Kindly Plaintiffs' Complaint in this matter. Respectfully submitted, FREEBURN 8~ H LTON, PC By: R?Fh~rd E. Freeburn, Esquire I.D. o. 30965 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 11/13/12 Attorney for Plaintiffs _ r ~'~-~ ~1~ ~` Gl ~~ a~3iaa