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HomeMy WebLinkAbout02-0749IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRI KAS V~. LONNIE FRIEDMAN : NO. 99-SU-01519-01 : : : : PRAECIPE TO THE pROTHONOTARY:, The iabove-captioned action is to be transferred to the Court of iCommon'Pleas of Cumberland County. HARRy,~ ~M~. _.~_~F,S~i~.~ (23936) Attorney for Plaintiff 144090660292 DSB In The Court of Common Pleas of York County, Pennsylvania 2001/05/25 GEORGE KARANDRIKAS EVANGELIA KARANDRIKAS KONSTANTINA KARANDRIKAS VS LONNIE FRIEDMAN ET AL APPEARANCES D 001 FRIEDMAN, LONNIE 4099 RUFUS KING CT ENOLA PA 17025 D 002 MELNYK, ANNE 417 W MAIN ST HUMMELSTONWiPA 17036 P 001 KARANDRIKASi GEORGE 2995 LEHIGH RD YORK PA 17402 P 002 KARANDRiKASi EVANGELIA 2995 LEHIGH!RD YORK PA 17402 P 003 KARANDRIKASi, KONSTANTINA 2995 LEHIGHi RD YORK PA 17402 Case Number 1999 SU 01519 01 Case Type Civil Action KILLION, PAUL J UNREPRESENTED NESS, J CHRISTIAN NESS, J CHRISTIAN NESS, J CHRISTIAN DOCKET ENTRIES 1999/03/31 1999/03/31 1999/03/31 1999/04/28 1999/07/15 pP~AEQIPE FOR WRIT OF SUMMONS IN CIVIL ACTION WRITiOF SUMMONS ISSUED AND RETURNED TO ATTY PROTHY SATISFACTION FEE PAID WRITiOF SUMMONS REISSUED AND RETURNED TO ATTY 0039 0161 0039 0161 0000 0000 0O52 0412 55.00 0.00 5.00 0.00 41.40 SHERIFF RETURN OF SERVICE DEFT L~NNIE FRIEDMAN NOT FOUND YORK CO SHF 0092 0009 DSB In The Court of Common Pleas of York County, Pennsylvania 2001/05/25 GEORGE KARANDRIKAS EVANGELIA KARANDRIKAS KONSTANTINA KARANDRIKAS VS LONNIE FRIEDMAN ET AL DOCKET ENTRIES 1999/07/15 1999/07/15 1999/07/15 2000/10/10 2000/10/25 2000/10/25 ~2000/11/15 2000/11/21 2000/12/05 2000/12/07 2000/12/11 Case Number 1999 SU 01519 01 Case Type Civil Action SHERIFF RETUR_NOF SERVICE SUMMON~ SERVED UPON DEFT LONNIE FRIEDMAN 5/7/99/CUMBERLAND CO SHF SHERIFF RETURN OF SERVICE DEFT ~ NE MELNYK NOT FOUND YORK CO SHF SHERi DEFT A~ FF RETURN OF SERVICE ~E MELNYK NOT FOUND DAUPHIN CO SHF COMPLAINT IN A CIVIL ACTION GEORGE~RIKAS VS LONNIE FRIEDMAN SHERIFF RETURN OF SERVICE YORK CO SHF DEPUTIZE CUMBERLAND CO SHF 10/16/0, SHERI] COMPL SI CUMBER~ PRELI~ W/CERT MEMOR & SUPPO~ OBJECTI( MEMO~ IN OPPO~ ONE-JI PO'S; B} OPPOSIT] YORK CO SHF F RETURN OF SERVICE ~VD UPON DEFT LONNIE FRIEDMAN 10/18/00 ~VD CO SHF [INARY OBJECTIONS ,F SVC 0092 0009 0092 0009 0092 0009 0124 0151 0132 0518 0132 0518 0140 0155 NDUM OF LAW T OF PRELIMINARY OBJECTIONS TO PLTF'S 0142 N W/CERT OF SERVICE 0120 NDUM ITION TO PRELIMINARY OBJECTIONS 0147 0603 DGE DISPOSTION LIST [EF IN SUPPORT: 11/21/00; BRIEF IN 0148 DN: 12/5/00 0896 REPLY MEMORANDUM TO PLTF'~ OPPOSITION TO PRELIMINARY OBJECTION 0150 W/ CERT OF SERVICE 0261 29.18 0.00 29.25 0.00 31.42 29.80 0.00 0.00 0.00 0.00 0.00 DSB In The Court of Common Pleas of York County, Pennsylvania 2001/05/25 GEORGE KARANDRIKAS EVANGELIA KAPJINDRIKAS KONSTANTINA KARANDRIKAS VS LONNIE FRIEDMAN ET AL Case Number 1999 SU 01519 01 Case Type Civil Action DOCKET ENTRIES 2000/12/13 ONE JUDGE ASSIGNMENT ~ CASE ASSIGNED TO MICHAEL J BRILLPIART JUDGE 0151 0455 0.00 2001/05/22 2001/05/22 OPINION AND ORDER DFTS PRELIMINARY OBJECTIONS ARE GRANTED&VENUE 0064 SHALL BE W/CUMBERLAlqD CO BY CT BRILLHART JDG 0193 NOTICE GIVEN RE: PA R. C. P. 236 0064 0193 0.00 0.00 2001/05/22 2001/05/22 OPINION AND ORDER VENUE SHALL BE TPJlNFERED TO CUMBERLAND CO BY 0064 THE COURTMICPIAEL J BRILLHART JI/DGE 0193 NOTICE GIVEN RE: PA R. C. P. 236 0064 0193 0.00 0.00 2001/05/24 CASE TP~ANSFERRED TO CUMBERLAND COUNTY 0066 0292 0.00 ** E N D 0 F C A S E P R I N T O U T ** (PROTR10) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff V LONNIE FRIEDMAN, Defendant APPEARANCES: J. CHRISTIAN NESS, ESQUIRE For the Plaintiff, George Karandrikas PAUL J. KILLION, ESQUIRE For the Defendant, Lonnie Friedman NO. 1999-SU-01519-01 CIVIL ACTION - LAW OPINION Before the Court is the Preliminary Objection filed by the Defendant, Lonnie Friedman~ to the Complaint filed by the Plaintiff, George Karandrikas. The Preliminary Objection raises the issue of improper venue, pursuant to Pennsylvania Rules of Civil Procedure, Rule 1028. For the following reasons, the Preliminary Objection presented by the ~1~i~ ~ill be GRANTED. PROCEDURAL BACKGROUND On October 10, 2000, a Complaint was filed by the Plaintiff, George Karandrikas [hereinafter "Karandrikas"], naming as a Defendant, Lonnie Friedman [hereinafter "Friedman"]. The Complaint demands judgment against Friedman in a sum in excess of $30,000.00, along with costs of suit. Friedman accepted service of the Complaint on October 18, 2000. On November 15, 2000, Friedman filed a Preliminary Objection and on November 21, 2000, a Brief in support of the position was filed, raising improper venue pursuant to Pennsylvania Rules of Civil Procedure, Rule 1006(a). On December 5, 2000, Karandrikas filed a Memorandum in Opposition to the Preliminary Objection and a Reply Memorandum was filed by Friedman on December 11, 2001. The Prelimin~ary Objection was praeciped for one-judge disposition on December 5, 2000 and the Preliminary Objection was assigned to this Court pursuant to Local Rule 6030 on December 13, 2000. FACTUAL BACKGROUND In analyzing preliminary objections, the Court must examine evidence in the light most favorable to the non-moving party. King v. Detroit Tool Company v. The Proctor & Gamble Company, 452~O~v,~ffr~'~34, 337, 682 A.2d 313, 314 (1996) reargument denied October 9, 1996. The Court accepts as true the following well-pled facts derived from the Complaint filed by Karanddkas. George Karandrikas is an adult individual residing at 2995 Lehigh Road, York, York County, Pennsylvania 17402. Lonnie Friedman is'an adult individual residing at 4099 Rufus King Court, Enola, Pennsylvania 17025. On November 15, 1998, at approximately 4:15 p.m., it is alleged that Karandrikas was operating his motor vehicle north on Interstate 83, in York County, Pennsylvania, in the vicinity of the Emigsville Exit. Occupying the vehicle with him were his wife, Evangelia Karandrikas, and daughter, Konstantina Karandrikas. At the same time and place, Friedman was operating his motor vehicle north on Interstate 83, also in the vicinity of the Emigsville Exit. Anne Melnyk was a passenger in the Friedman vehicle. Both vehicles were operating in the left-hand (passing) lane, the Friedman vehicle in front and the Karandrikas directly behind. Fdedman changed lanes and Karandrikas passed the Friedman vehicle on the left. As the vehicles were side by side, Friedman allegedly gave an obscene gesture to Karandrikas and the gesture was returned by Karandrikas. Following this exchange, Friedman accelerated his vehicle so as to continue driving side by side with the Karandrikas vehicle, gesturing for Karandrikas to pull o~icles continued to drive north on 1420'90 640193 Interstate 83 and eventually approached the construction area on Interstate 83 known as the "cattle shoots". At this point, Friedman could no longer operate his vehicle beside the Karandrikas vehicle and pulled his vehicle in behind the Karandrikas vehicle. Karandrikas continued to operate his vehicle through the construction site and both vehiCles entered ~umberland County, Pennsylvania, leaving Route 83 at the Camp Hill "split" in the vicinity of New Cumberland, Cumberland County, Pennsylvania. Karandrikas continued into the metropolitan area of Camp Hill and Friedman continued to follow, allegedly maintaining a close distance between the two vehicles. Karanddkas eventually had to stop his vehicle at a red traffic signal in the vicinity of the Camp Hill Mall. As the Karanddkas vehicle approached the traffic signal, Friedman pulled his vehicle beside, got out, ran to the Karanddkas vehicle and allegedly kicked the driver's side of the vehicle in an attempt to break the window. Karandrikas exited the vehicle and a fight ensued. An off duty police officer arrived, displayed a badge of authority and attempted to separate the two men. Believing that the situation was under control, Karandrikas stopped struggling when Friedman slammed the head of Karandrikas into the ground approximately two (2) times, splitting open the back of his head. Karandrikas was taken to Holy Spirit Hospital, where he was treated for his injuries, which included a severe ~k of his head which required 142090 640193 sutures to close. DISCUSSION Friedman argues that venue is improper, and asserts the following: Defendant Lonnie Friedman has been sued in this action in York County, Court of Common Pleas. Defendant Friedman is a resident of Cumberland County. Defendant Friedman. has commenced a lawsuit against the Plaintiff in this action arising out of the same set of facts at Cumberland Court of Common Pleas No. 00-8059 Civil Term. The incident out of which this lawsuit and Friedman's counter lawsuit have been filed, both arise out of an altercation on a roadway in Camp Hill, Pennsylvania, Cumberland County, on November 15, 1998: 'Pursuant to Pennsylvania Rule of Civil Procedure 1006(a) an action against an individual may be brought in and only in a County in which the individual may be served, or in which the cause of action arose, or where a transaction or occurrence took place out of which the cause of action arose, or in any other County authorized by law. Defendant Fdedman is a resident of Cumberland County with no reason to be served in York County, the cause of action here took place on a roadway in Cumberland County and no other reason exists authorizing the prosecution of this lawsuit in any County other than Cumberland County. Consequently Cumberland County and not York County is the proper venue for this case wherefore Defendant Lonnie Friedman respectfully, requests this court to enter an order granting Defendants preliminary objection and transferring this case to Cumberland County. The Pennsylvania Rules of Civil Procedure state: (a) Except as otherwise provided by Subdivisions (b) and (c) of this rule, an action against an individual may be brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law. The party seeking a change of venue bears a heavy burden in justifying the request, and it has been held con~l~l~,J~athis burden includes demonstrating the claimed hardships on the record. SEE. Cheeseman v. Lethal Exterminator, Incorporated, 549 Pa. 200, 701 A.2d 156 (1997). The factors which a tdal judge must consider before ordering a transfer of venue include: [T]he relative ease of access to sources of proof, availability of compulsory process for attendance of unwilling, and the cost of obta!ning attendance of willing, witnesses; possibility of view of the premises, if a view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive. There may also be questions as to the enforceability of a judgment if one is obtained. The court will weigh relative advantages and obstacles to a fair trial. -Factors of public interest also have a place in applying the doctrine. Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin. Jury duty is a burden that ought not to be imposed upon the people of a community which has no relation to the litigation. Rini v. New York Central Railroad Company, 429 Pa. 235, 239, 240 A.2d 372, 374 (1968). Pa.R.C.P. 1006(d) vests considerable discretion in the trial judge to determine whether to grant a petition for a venue change. Although a choice of forum is entitled to weighty consideration, the right of a plaintiff to choose a forum is not absolute, Wills v, Kaschak, 420 Pa. Super. 540, 617 A.2d 37 (1992). SEE Scribner v. Mack Trucks, 427 Pa. Super. 71, 628 A.2d 435 (1993) appeal denied 537 Pa. 623, 641 A.2d 588. In the instant matter, we find that: 1) Friedman is a resident of Cumberland County; 2) the case has a much more substantial relationship to Cumberland County than to York County, given l~0~t~i~)n between Karandrikas and Friedman occurred in Cumberland County; 3) the vast majority of witnesses, including the off duty police officer and hospital personnel work in Cumberland County; 4) the hospital where Karandrikas was treated is in Cumberland County; and 5) there is pending in Cumberland County a law suit arising out of the same set of facts as reflected in the instant complaint. We specifically weigh these considerations and Karandrikas' choice of forum and conclude that proper venue lies in Cumberland County. The citizens and facilities of York County should not be burdened with the expense and inconvenience of trying a cause of action in their courts which has no connection with York County. Accordingly, we enter the following Order. BYiT~'IE~ COURT:i MICHAEL J. B'RI~I~ART JUDGE DATE: May 21, 2001 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff LONNIE FRIEDMAN, Defendant APPEARANCES: J. CHRISTIAN NESS, ESQUIRE For the Plaintiff, George Kamndrikas PAUL J. KILLION, ESQUIRE For the Defendant, Lonnie Friedman NO. 1999-SU-01519.01 CIVIL ACTION - LAW ORDER AND NOW, TO WIT, this 21st day of May, 2001, it is hereby ORDERED and DIRECTED that the Preliminary Objection presented by the Defendant, Lonnie Friedman, is granted and venue shall be transferred to Cumberland County. The Prothonotary is here~,,~ik~u~,~o provide notice of the entry of this 14209064019T Order and accompanying Opinion as required by law. George Karandrikas v. Lonnie Friedman No. 1999-SU-01519-01 Order BY THE COURT: 'MI~CRAEL J. B~II~..LI-~ART JUDGE 142090640193- 05/22/O1 TI.TE 09:33 FAX 87714629 ~001 *** TX REPORT TRANSMISSION OK TX/I~ NO 1908 C0NNECTIONTEL SUBADDRESS CONNECTION ID NESS NESS ST. TI~E 05/22 09:30 USAGE T 03'13 PGS. RESULT OK 88454345 OFFICE OF ~ PROTHONOTARY Fao~ pItOT~O~OTAR.Y'S o~cE. LOC.~.~O~T: _yO~r CO COUa.T~O~S~ 142090640193 OFFICE OF O. ROBERT CHUK COURT Of COMMON PLEAS NINETEENTH JUDICIAL DISTRICT YORK COUNTY, PENNSYlVaNIa ;~8 EAST MARKET STREET YORK~ PENNSYLVANIA, 17401 717 771-9234 FAX 717 771-9911 TERRY R. BAKER BONITA L. JULIUS December 1 l, 2000 J. Christian Ness, Esquire 43 N. Duke Street York, PA 17401 Lonnie Friedman 4099 Rufus King Ct. Enola, PA 17025 RE: George Karandrikas, et al vs. Lonnie Friedman, et al Civil Action No. 1999-SU-01519-01 Dear Attorney Ness. and Mr. 'Friedman: The above-captioned case has been assigned to the Honorable Michael J. Brillhart, Judge for disposition under Rule 6030, et seq (formerly Rule 30). Sincerely, J .t~l{~; b;r t~Chuk District Court Administrator JRC/fp CC; Prothonotary ~ All interested parties ~o n0 ~o 0~ ~ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS VS LONNIE FRIEDMAN : NO: 99 SU01519-01 . : : PLAINTIFF'S MEMORANDUM IN OPPOSITION TO PRELIMINARY OBJECTIONS STATEMENT OF FACTS: On October 12, 2000, Plaintiff, George Karandrikas, filed a Complaint against Defendant alleging injuries incurred as a result of conduct of the Defendant. The Complaint alleged that Defendant began to confront Plaintiff in York County, Pennsylvania, while traveling up Route 83. The Complaint alleges that Defendant began his aggressive behavior and attack upon Plaintiff in York County, and ended the incident in Cumberland County, Pennsylvania. II. ARGUMENT: Defendant alleges improper venue. It is suggested that the proper method of arguing venue is to file a petition to have the matter removed from York County to Cumberland County if this is appropriate. However, the Complaint clearly states that the incident arose in York County, Pennsylvania. Plaintiff attempted to escape throughout York County, while Defendant was the aggressor in York County. Eventually, Defendant caught up with the Plaintiff in Cumberland County, where he physically assaulted the Plaintiff. The Complaint alleges a course of conduct, taking place in York County and Cumberland County. Since the course of conduct initiated in York County, York County has venue. 339091470603 III. CONCLUSION: Plaintiff prays that the Preliminary Objections be dismissed. Resp~u!~l~itted, J. CHRISTIAN NESS, ESQUIRE Att6mey for Plaintiff #15941 339091470603 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA George Karandrikas : Defendant : V. '- Lonnie Friedman : Plaintiff : Civil Action Law No. 99 SU 01519-01 DEFENDANT'S REPLY MEMORANDUM TO PLAINTIFF'S OPPOSITION TO PRELIMINARY OBJECTIONS I. COUNTERSTATEMENT OF FACTS As reflected in the Plaintiff's Complaint the only activity which gave rise to a cause of action in this matter occurred in Cumberland County, Pennsylvania. Plaintiff's opposition attempts to create a chase which is not even alleged in the Complaint. The Complaint undeniably established that the cause of action in this case arose in Cumberland County, Pennsylvania. Defendant would point out to this Honorable Court that if the improper venue were not raised by Preliminary Objections, it would be waived. (See Pennsylvania Rules of Civil Procedure 1006(a) and Section(e). Rather than establishing a venue in York County, the Plaintiff's Complaint clearly reflects that the cause of action arose during a mutual fist fight, which occurred in Camp Hill, Pennsylvania. The Complaim at no place alleges a course of conduct but rather demands recompense for an assault which oct,,'*~a ;" C'.,~n Hill, Pennsylvania. 046091500261 Finally, Plaintiff ignores the fact that all of the witnesses to the incident reside in Cumberland County, Pennsylvania nor does he in any way attempt to distinguish the case of Action Industries, In¢, v. Wiedeman, 346 A2nd 798, 236 Pa. Super 447 (1975), which reflect that the cause of action arises where the injury is inflicted for venue purposes. WHEREFORE, the Defendant Friedman respectfully requests this Honorable Court to grant his Preliminary Objections to Plaintiff's Complaint and enter an Order transferring this matter from York County to Cumberland County. KII,LION & METZ Attorney for Defendant 046091500261 -2- CERTIFICATE OF SERVICE And now, this 8th day of December, 2000, I hereby certify that I have served a tree and correct copy of the foregoing Defendant's Reply Memorandum upon the person, in the manner indicated below: Service by first class mail, postage prepaid, on this date addressed as follows: J, Christian Ness, Esquire 43 North Duke Street York, PA 17401 P~rat4,-4{ilhon, E~(quir~ 046O91500261 I~ILLION ~C METZ HARRISBURG, PENNSYLVANIA 17'101 December 8, 2000 Stacia Gates The Prothonotary of York County York County Courthouse 28 East Market Street York, PA 17401 Re: ~ E. Lonnie Friedman Dear Ms. Gates: Enclosed please find an original and three (3) copies of Defendant's Reply Memorandum to PlaintiWs Opposition to Preliminary Objections. Would you please kindly file the original and two (2) copies and return a stamped copy in the enclosed self-addressed envelope. Thank you for you consideration in this matter. Very truly yours, Paul J. Killion U. ROBERT CHUK COURT Of COMMON Pleas NINETEENTH JUDICIAL DISTRICT YORK COUNTY, PENNSYLVANIA YORK, PENNSYLVANIA, 17401 717 771-92~34 FAX 717 77'1-9911 TERRY R, BAKER BONITA L. JULIUS December 11, 2000 J. Christian Ness, Esquire 43 N. Duke Street York, PA 17401 Lonnie Friedman 4099 Rufus King Ct. Enola, PA 17025 RE: George Karandrikas, et al vs. Lonnie Friedman, et al Civil Action No. 1999-SU-01519-01 Dear Attorney Ness and Mr. Friedman: The above-captioned case has been assigned to the Honorable Michael J. Brillhart, Judge for disposition under Rule 6030, et seq (formerly Rule 30). Sincerely, J~d;b;rt Chuk District Court Administrator JRC/fp cc: /~rothonotarY All interested parties 347091510455 GEORGE KARANDRIKAS LONNIE FRIEDMAN NO. 99 SU 01519-01 To the pr~hor~a~Y: PRAECIPE TO LIST CASE FOR ONE~IUDGE DISPOSITION Term, 19 ~rneflt~beruledupon: Preliminary Objections to Plaintiff's Complaint Brlefin~Jpportwasflledon November 21, 2000 Brlef in Opposition was flled on December 5, 2000 Omi A~ument requested ( ) Yes ( ) No A~om~for Plaintiff, J. SuDi~e'n~ Court No. 15941 7 Christian Ness 2000 341091480896 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA George Karandrikas : Defendant : . V. Lonnie Friedman Plaintiff Civil Action Law No.: 99 SU 01519-01 DEFENDANT FRIEDMAN'S MEMORANDUM OF LAW AND SUPPORT OF ~' ~' pRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT '~ I. STATEMENT OF FACTS On or about October 12, 2000, plaintiff George Karandrikas instituted a complaint against defendant alleging injuries incurred as a result of a fist fight between plaintiff and defendant, which occurred on Route 15 in the Borough of Camp Hill, Cumberland County, Pennsylvania. (See Exhibit "A"). For the reasons set forth herein, defendant Friedman preliminarily objects to plaintiff's complaint on the basis that York County is not the proper venue for this action under the Pennsylvania Rules of Civil Procedure. II. BASIS FOR SUSTAINING DEFENDANT'S PRELIMINARY OBJECTIONS A. Improper venue pursuant to Pa. R.C.P. 1006(a) Pennsylvania Rule of Civil Procedure 1006(a) states in pertinent part that m~ action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose. Rule 1006 further provides in Section (e) that improper venue shall be raised by preliminary~ ob)ecti0n~ , ,, 326091420120 Plaintiff's complaint fails to aver any facts which are sufficient to establish venue in York County under Pa. R.C.P. 1006(a). In order for venue to be established in York County, plaintiff must allege facts sufficient to show that the defendant either could be properly served in York County or that the cause of action arose in the county. Defendant Friedman is a resident of Cumberland County. The plaintiWs complaint clearly reflects that the action which gave rise to the cause of action occurred in Camp Hill, Cumberland County. Moreover, as reflected in the defendant Ffiedman's preliminary objection, there is pending in Cumberland County a law suit arising out of the same set of facts as reflected in the instant complaint. Furthermore, the only purported wimess apart from the parties reflected in the plaintiWs complaint is a police officer who works in Cumberland County. As noted by the Superior Court in Action Industries, Inc. v. Wiedeman, 346 A2nd 798, 236 Pa. Supra 447 (1975) in a tort action, the cause of action arises where the injury is inflicted for venue purposes. WHEREFORE, the defendant Friedman respectfully requests this Honorable Court to grant his Preliminary Objections to Plaintiff's Complaint and enter and Order transferring this matter from York County to Cumberland County. Date KI N & METZ Paul J Kilhon ~ Attorney for Defendant 26091420120- -2- 32609142012C · AND COMES '.NO~ ~-EORGE :"KARANDR'IKAS ~ Christian Ness, ...a..,n, ... : ;'.;.~.~;i 1..' Plai~ti~ ~ .'. .. : ;.. . -.~ . file. his.lComp, laint.as followsi .. '- I~, ~.. ' ~. · ,~.~ ~ ..... ' - .,' .GEORGE KARANDRIKAS, is an adult '.4 ...... b~ his" attorney'~ individual residinq 'a~{'2995 Lehigh .Road, York, York :county, ...... ~' '%,,%; .: ' · ' ;i: ,~. '..: ",'.. · -' - ' · ""~', 4~t'.b~:.' ' .', .' ,i,:,,.": :.. Pennsylvania 17402 I."U,".'" '..'::5.4.,/ " . ' ..~],:'.~':,~,... ,~.;' , . .~t"/~,~ ~,'. : ' ' '. 2. Defendant,~i~LO~IE--- :FRIED~N,.: resides at 40'99. ~f~s .. ' . . +~)~,;~.~.,% ~ " ' ""'R'~";-~' ~ ' ' . · ~,~- ~ ?:',"' % '"' :.l ---- ' · ' ," - ~* .~,- -- - -~n~a~r~"~ennsvlvania~'~';l?O~' .' ::: ' - Court . · ~.4~l,.':~ %,' ..... :.?~ ~ , /~. · . · . . . . . ~ . 'Plaintif. f was oP;'~g'jhis'''~;t~r'~);ehicle north o~ '" ':'~:[. '. . .l~l~ IW~,.:,': .,.' ,* ":q' "~ · . . '. . .. . .~f_.~=, :, .~,...~, .. . ~ . ' Interstate 83, in;~York~,Countyi)l;?~nsylvania,-in khe~yio_nity.. . · .,;/~* *~.~;' .' '.... ,¢~..'q;."~L..' · ''. '" · .' ' . . · .I,./~ ~.~,+.,.,'.' . ' ',~ .: .' · "~ ' of the Emigsviile~,ExIt:;.;''-' Occupying':Plaintiff's vehicle .with ~.him w~re his' wif~;'~','',.~,E~an. gelia: KarandrikaG'.., and .daughter, ,- ' ' '"~"' " ' ' '~ an~ EKonstantina. Karand~ikas..... At .:the..:time place, Defendant . ~;1~%...?~ .~., :, . . . ~was' operating his ~ motor.;:vehiole; north on Interstnt6 63. ,'.:'.' also ~passeng~F in his,'vehicle. :,..':- .:',;:~ · . .. ~ , .'..: · . · . 4. 'At the"~t.[~';~nd place }'.as.;[set' foMth above., both . . . . ~,~;~$.~,f ~ . :.....~?= ~.,,~:, .... ::. _ ._ , ~ ,..-- ~- -4n'~;t~e"'Tl'~Ethand'~passing) 1'ans. De~enaan= s were . :,~.'..~ ..... · ..' ..~f..,:.,<...:. . . . . . . V'~C~' W'S ~"~ f~:~;~n~IP~a~nt~ff's veh~cle.w,s..following behead. D~fend~h~'~opera~,d~%s.,vehicle:int° lane and Plaintiff{:~sse8 the~;DefenSant's venzoze:on' F I ' ' I ~. ' .', . , [~ft.. ~ th~ po~n~ ~h~.'bo~ Were side byiside~ family, and tho.gesture was returned by Plaintiff. · ': ' e "xcha~ge 0f gestures between the 5 Following parties, the Defendant, accelerated~,.. . his vehicle so as to n continue dr~vlng side:.by_ - -,..sldeiw~. the vehicle of Plaintiff, operating his veh;i'c[~'~;dangerOusly close t~ Plaintiff's vehicle,' while Defendan:'""~: "'""'t yelled and. gestured· for Plaintiff. to pull over. ,.' 6. Plaintiffi'!refu.sed tO Ull over, and continued his ..,,,,~:.. t ., . ~ .' .'i: -' · - vehicle north on~Route''83' th~ough'..northern York county,- , .......~,,:~ ~ ... f.;~;'}~ . Pennsylvania, attempting [o ignore the.·Defendant' Defendant ., ,.,~~]¥' ~:{., ~ ..' :. ,~,..,,:./,..,~,~ ! ., . . co continued to closely,?fo££ow, .. ..the,. .vehicle. of Plaintiff~ · . "2'~,!~.¢'.~:',"':'' . ~ Defendant continuing.;,to, . . yell·and.gesture to th~ occupants of Plaintiff' s' vehl. cle....' ..... ,1,,'..:[Plaint~ff approached a construction· 7. Evenuu=~ '. .: area on. interstate"83, in northern, York County,· Penn'sylvania, and!"b~h' parties were required to enter a single lane, which,.:;is: often called a "cattle shoot", in construction site'~'J:i~?At'.~his'.p°~'nt, .Defendant was unable to ~ ' '"*~%:':" ~side the vehicle of Plaintiff, and., by operate his vehJ. cIe' neces'sity, .. pullel,d.'~i, i~S'~:ivehicle,.,;~.,, behind the vehicle of J.~ ~!"~":~..,!'. Plaintiff. ,.9'.',.i ~,;%i'" . "' ' 8. Plaintiff continued to o'perate~his vehicle through · .,;,,;i,;i..:..~.,~.:; · the construct2on!'site'.w~th Defendant following behind, and both vehicles entered!,Cumberland County, Pennsylvania, leaving Route 8'~,~.: the.Camp ttill.."split"' in the vicin£ty of New Cum er i;;['.} . "~'; .'~.~: "~: i. 9. Plainti. ff::,.c.ohtinued.into,.the metropo'litan area' 'of .~.' .... ~." '"' · ' had made Camp Hill', where']Plaintlff..and.his .famlly arrangements ~t° ":~t~te~d'a church~"~fundraiser at the Raddison Hotel in Camp Hill.'.~',.?' .,.,.' .. - ' · '"'~'~<~'~:'~'"'~ ~ '"'' Plaintiff from Route 10. De fenda~%~6ntinued'"~t°/f°ll°w enwards Camp .Hlll.,..~..accelerat~ng to maintain a close~ 83 ....... distance behind. Piaintiff's vehicle. · · ,.., ~.,,'~ .. ,..~, . ,"~' . . ' ' ~ ......... '-' attempt .t0~ ignore 11..Altho~gh~}~Plaintiff continued to the Defendant, Plainttff~eve~tually'had to stop.his'vehicle at a red traffic' 'signal in the vicinity of the Camp Hill'. Mall · .. 12. As Plai~tiff.'s vehicle, was stopped at the traffic signal, Defendant".rapidly pulled his vehicle beside Plaintiff's vehic~e/:'~'~nd Defendant Suddenly got o~t of his vehicle, ran to'.Plain~'iff' s car,:'~nd began ka~aee-style ..... . · ~he. driver' s side of kicking against.~.th~j..~.~ndow .of,.~ .. . Plaintiff's vehiCie{~in an attempt to break out the window. While kicking t~e~:-wind°w of Plaintiff's vehicle,, the Defendant yelled ,"Get out. I' am going to kick your ass". Plaintiff, fearin~(~0r the safety of his wife and daughter, exited his vehicl~'''~0'~as to prevent further kicking at .the glass. As Plaintiff~'was getting out of his vehicle, Defendant suddenl~',.kicked Plaintiff on the hip, and then began to kick .Pi~intiff repeatedly. -:'"~:'~?'~;'~'~i .... ~ ~self- the Plaintiff grabbed 13. In Defendant, and b~]~~rtles fell.~ ~o ~he ground, .rolle.d across the media~.{~i.vide se~~{'l-~e north aha southbound ianes, and Defendant "eventually:~ended up on t'op of Plaintiff, strad~i'i~g'%him. 'Defendant then said to Plaintiff repeatedly that'"h'~ ~'w~s goingl~ ~o-kill Plaintiff. 14. At this';point, an off 'duty police officer arrived, 'displayed a badgo' of:. authority, and attempted to push . ':,",.~ !~. F..~.~ Defendant off ofi,iPlat~ntiff. 'Pla'intiff, ui~on seeing the policeman, and believing that thel situation was under control, stoppedi':¢struggling, i !'In~aed~-ately' upon P. la~.nt£ff ceasing his stru gl · and .w looking on, the ~Def~ndant grabbed Plaintiff's head, while Plaintiff was still";;on.-his back. on the ground, and slammed the head of the 'Plaintiff into the ground at. least'two times, splitting~iopen.'the back of Plaintiff's head'.' . 15. Following!the incident, Plaintiff was ~aken to ~oly Spirit Hospital,!'Camp' Hi%l, .Pennsylvania, where he was treated for his. in'juries; which included a severe cut~'to the back .of his' head,..'~requ~rLng suture to close, and cuts"and abrasions over V~i'0uS parts.[of, his body. plaintiff has, to date, had hospit~i'.i'.and medical expenses in the sum of $1 358 21 '"~' .... ' 16 s a resultCof the "incident described above} and · ~D~.'~.;. .,. - during the course!'of'the" incident, Plaintiff suffered fear . . ;r~~.. .~ and apprehension;,>?tense mental distress% pain',' suffering, and discomfort, ~d.wiI1 continue to suffer such 'symptoms for an indefinite, time in the future, for which claim is made upon the Defendant. ""' ~:::~onduc3~O~'~O'~ault upon Pla~.ntiff, 17. Defendan~' was willful, maii~ious., .wanton, and carried out w~t~'. the intent to kill.'ori';seri°usly'i~jU~e Plaintiff, with no, . · for..which .punitive damages are justification wh~tsoever, claimed from Defendant~ ~: ,.-.,;~ ~ ,'.. . -18. As a result'of the incident: described above, the · ' .';":." ' ' '~is suit having a personal property iof~Plaint~ff,'; th&t is, , value of approximately $1,000;';':was irreparably damaged, and had to be discarded~. "'for which .claim' is made upon the Defendant. Also,' as a .result .of~'the incident a necklace, having a. value of~'approximately $250, and a watch, having a claim'is value of approx~mate'ly $50, .were damaged., for which made upon the Defendant.. WHEREFORE, .iPi'~ntiff demandsj.-judgment against the Defendant'in a s~iin'~:.'excess '.!' 0,000, along with· costs of I verify that..the-statements made in this instrument are true and correct. I understand that false statements '~;':"' ..... ' Penalties of 18 Pa.'C.S. herein are made'/subject to"'the .. Section 4904 'reiating lt° unsworn..falsification to . authorities-. · '-- Dated: 326091420120', CERTIFICATE OF SERVICE ~day ~/~,~ I hereby certify that on this of 2000, that I have sent the attached Preliminary Objection to Plaintift~s Complaint to the following by first class mail, postage prepaid: J. Christian Ness, Esquire 43 North Duke Street York, PA 17401 KILLION & METZ 214 Pine Street Harrisburg, PA 17101 3260914201201 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA George Karandrikus Plaintiff V. Lonnie Friedman Defendant Civil Action Law No.: 99 SU 01519-01 Defendant Lonnie Friedman, by and through his undersigned counsel, preliminarily objects to PlainfiWs complaint. Defendant Friedman sets forth his preliminary objections as follows: pRELIMINARY OBJECTIONIO VENUE 1. Defendant Lonnie Friedman has been sued in this action in York County, Court of Common Pleas. 2. Defendant Friedman is a resident of Cumberland County. 3. Defendant Friedman has commenced a lawsuit against the plaintiff in this action arising out of the same set of facts at Cumberland Court of Common Pleas No~ 00-8059 Civil Term. 4. The incident out of which this lawsuit and Friedman's counter lawsuit have been filed, both arise out of an altercation on a roadway in Camp Hill, Pennsylvania, Cumberland County, on November 15, 1998. 5. Pursuant to Pennsylvania Rule of Civil Procedure 1006(a) an action against an individual may be brought in and on~~qn which the individual may be served, or in which the cause of action arose, or where a transaction or occurrence took place out of which the cause of action arose, or in any other County authorized by law. Defendant Friedman is a residem of Cumberland County with no reason to be served in York County, the cause of action here took place on a roadway in Cumberland County and no other reason exist authorizing the prosecution of this lawsuit in any County other than Cumberland County. Consequently Cumberland County and not York County is the proper venue for this case wherefore Defendant Lonnie Friedman respectfully requests this court to enter an order granting Defendants preliminary objection and transferring this case to Cumberland County. Respectfully submitted, Killion & Metz by Paul J. Killion 320091400155 CERTIFICATE OF SERVICE I hereby certify that on this 2000, that I have sent the attached Preliminary Objection to Plaintiff's Complaint to the following by first class mail, postage prepaid: J. Christian Ness, Esquire 43 North Duke Street York, PA 17401 KILLION & METZ 214 Pine Street Harrisburg, PA 17101 20091400155 COUNTY Of YORK OFF,,JE OF THE SHEk.FF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. ,~ll N_~TI F F/S/ 3. DEFENDANT~/ 4. C~laint in Civil Action S~VE ~ 5. NAME OF INDIVIDUAL, COMPANY, CORPO~TION, ETC. TO SERVE OR DESCRIPTION OF PROPER~ TO BE LEVIED, A~ACHED, OR SOLD. 8. AODRE88 (ST~T O~FO ~TH ~X NU~BER,~PT. NO., 01~, BOR~ ~., STATE AND ZIP OODE) 7. INDICATE SERVICE: Ci PERSONAL n PERSON IN CHARGE "/ [3 DEPUTIZE r~ CERT. MAIL n 1ST CLASS MAII~,~ Q POSTED CI OTHER NOW ('~- ~ ~ '~nnn ,20 I, SHERIFF OF YORK COUNTY, ~ereby deput~3,e.t,.he sheriff of ~3ll~i~-- -~6~land COUNTY to execute this writ~j:i~~,n t~o;~l'ing to law. This deputization being made at the request and risk of the plaintiff. ~ ~ ~,"~,,"&~i~' ~ SHERIFF OF YORI{~COONTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Advance fee attached $100.00 NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lewing upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any oss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE/FILED William M Hose York Co Sheriff 28 E Market ST 13. I acknowledge receipt of the writ or complaint as indicated above. 14. DATE RECEIVED T Kohr 10-10-00 15. Expiration/Hearing Date 11-9-00 16. HOWSERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. Q I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) I 19. Date of Service J 20. Time of Service t' -Jf- oI 21.~EM~ Cate~MA~' ~ Time Miles ,nt. IDate Time Miles ,nt. IDate Time Miles ,nt. IDate Time Miles ,n,. IDate Time Miles ,nt. IDate Time Miles Int. $75.00 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg 132 To Costs 33. Cos s Dueo~[~Check No. 40. Costs Due or Refund 34. Foreign County Costs I 35. Advance Costs 36. Service Costs 37. Notary Cert. I 38. Mileage/Postage/Not Found 39. Total Costs 41. AFFIRMED and subscribed to before me this SO ANSWERS 44. Signature of 42. day of ,20 __ 43. Dep. Sheriff ~ . PROTHY / NOTAR] 48. Signature o~York ~/ ~ County Sher,ff ~IF'.~,~, f~ County Shedff 50. I ACKNOW~.EDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATI~E 45. DATE 47. DATE 49. DATE 51. DATE RECEIVED OF A"T"OR'ZEO'SSU,.G AUT. OR.TYA.D T,TLE 9S9.'132051 1. WHITE- Issuing Authority 2. PINK- Attorney 3 CANARY - Sheriffs Office 4. BLUE ~ Shedffs Office Vd SHERIFF'~ RETURN - REGULAR CASE NO: 2000-00834 T COMMONWEALTH OF PENNSYLVA/~IA: COLTNTY OF CUMBERLAND KARANDRIKAS GEORGE VS FRIEDMAN LONNIE HAROLD J. WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRIEDMAN LONNIE the DEFENDAiXIT , at 1842:00 HOURS, on the 18th day of October , 2000 at 4099 RUFUS KING COURT ENOLA, PA 17025 by handing to LONNIE FRIEDMAN a true and attested copy of COMPLAINT & NOTICE and at the same time directing His attention to the contents~-there~f.: -q Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit 2.50 Surcharge .00 .00 29.80 Sworn and Subscribed to before me this ~ day of I ~AT~'~,-:~ATTO, 'l~°,ary Pub'Jic I I C~rli~i~ 8oro, Cumberland County I ~,~! ss.?.n~,..E.?~_~.O~c?b_er 17. 20011 So Answers: R. Thomas Kline 10/19/2000 J. cHRiSTi N .ss De-puny She~ff IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS VS LONNIE FRIEDMAN : NO: : : : : : : : : : NOTICE 99 SU 01519-01 You have been sued in Court. If you wish to defend~ against the claims set forth in the following pages, you~ must take legal action within twenty days after this document is 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. NAME : ADDRE S S : TELEPHONE : LEGAL REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION 137 EAST MARKET STREET YORK, PA 17401 (717) 854-8755 284091240151 AVISO U~FED IIA S/DO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pdginas siguientes, debe romar acci6n dentro de veinte (20) dias a partir de ia fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot abogado y presentar en la Corte i'~)r escrito sus defensas o sus objeciones a las demandas en su contra. Se ie avisa que si no sc dcficnde, cl caso pucdc proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n [mr cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n rcclamQdos pot el Demandante. USTED PUEDE PEP, DER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI US]FED NO TIENE O NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECClON ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. l.awycr Rcl'crral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Tcldfono No. (717) 854-8755 Clvu. A{..'i'lo~ (4/93) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, : NO: 99 SU 01519-01 : VS : LONNIE FRIEDMAN COMPLAINT AND COMES NOW, GEORGE KARANDRIKAS, by his attorney~jc~ Christian Ness, and file his Complaint as follows: 1 Plaintiff, GEORGE KARANDRIKAS, is an adul~uL~ individual residing at 2995 Lehigh Road, York, Yor~u~y,~3 Pennsylvania 17402. 2 Defendant, LONNIE FRIEDMAN, resides at 4099 Rufus King Court, Enola, Pennsylvania 17025. 3. On November 15, 1998, at about 4:15 p.m., Plaintiff was operating his motor vehicle north on Interstate 83, in York County, Pennsylvania, in the vicinity of the Emigsville Exit· Occupying Plaintiff's vehicle with him were his wife, Evangelia Karandrikas, and daughter, Konstantina Karandrikas. At the time and place, Defendant was operating his motor vehicle north on Interstate 83, also in the vicinity of the Emigsville Exit. Anne Melnyk was a passenger in his vehicle· 4. At the time and place as set forth above, both vehicles were in the lefthand (passing) lane. Defendant's vehicle was in front, and Plaintiff's vehicle was following behind· Defendant then operated his vehicle into the right lane, and Plaintiff passed~.~m~m~ant,s vehicle on the left. At the point that both ven~c±es were side by side, Defendant gave an obscene gesture to Plaintiff and his family, and the gesture was returned by Plaintiff. 5. Following the exchange of gestures between the parties, the Defendant accelerated his vehicle so as to continue driving side by side with the vehicle of Plaintiff, operating his vehicle dangerously close to Plaintiff's vehicle, while Defendant yelled and gestured for Plaintiff to pull over. 6. Plaintiff refused to pull over, and continued his vehicle north on Route 83, through northern York County, Pennsylvania, attempting to ignore the Defendant. Defendant continued to closely follow the vehicle of Plaintiff, Defendant continuing to yell and gesture to the occupants of Plaintiff's vehicle. 7. Eventually, Plaintiff approached a construction area on Interstate 83, in northern York County, Pennsylvania, and both parties were required to enter a single lane, which is often called a "cattle shoot" in construction sites. At this point, Defendant was unable to operate his vehicle beside the vehicle of Plaintiff, and, by necessity, pulled his vehicle behind the vehicle of Plaintiff. 8. Plaintiff continued to operate his vehicle through the construction site with Defendant following behind, and both vehicles entered Cumberland County, Pennsylvania, leaving Route 83 at the Ca~i~plit,,, in the vicinity of New Cumberland, cumberland Co~n~y~' Pennsylvania. 9. Plaintiff continued into the metropolitan area of Camp Hill, where Plaintiff and his family had made arrangements to attend a church fundraiser at the Raddison Hotel in Camp Hill. 10. Defendant continued to follow Plaintiff from Route 83 towards Camp Hill, accelerating to maintain a close distance behind Plaintiff's vehicle. 11. Although Plaintiff continued to attempt to ignore the Defendant, Plaintiff eventually had to stop his vehicle at a red traffic signal in the vicinity of the Camp Hill Mall. 12. As Plaintiff's vehicle was stopped at the traffic signal, Defendant rapidly pulled his vehicle beside Plaintiff's vehicle, and Defendant suddenly got out of his vehicle, ran to Plaintiff,s car, and began karate-style kicking against the window of the driver's side of Plaintiff's vehicle in an attempt to break out the window. While kicking the window of Plaintiff's vehicle, the Defendant yelled "Get out. I am going to kick your ass". Plaintiff, fearing for the safety of his wife and daughter, exited his vehicle so as to prevent further kicking at the glass. As Plaintiff was getting out of his vehicle, Defendant suddenly kicked Plaintiff on the hip, and then began to kick Plaintiff repeatedly. 13. In order to protect himself, the Plaintiff grabbed Defendant, and bo th partie~.~~the ground, rolled across the median divide separating the north and southbound lanes, and Defendant eventually ended up on top of Plaintiff, straddling him. Defendant then said to Plaintiff repeatedly that he was going to kill Plaintiff. 14. At this point, an off duty police officer arrived, displayed a badge of authority, and attempted to push Defendant off of Plaintiff. Plaintiff, upon seeing the policeman, and believing that the situation was under control, stopped struggling. Immediately upon Plaintiff ceasing his struggles, and while the police officer was looking on, the Defendant grabbed Plaintiff,s head, while Plaintiff was still on his back on the ground, and slammed the head of the Plaintiff into the ground at least two times, splitting open the back of Plaintiff's head. 15. Following the incident, Plaintiff was taken to Holy Spirit Hospital, Camp Hill, Pennsylvania, where he was treated for his injuries, which included a severe cut to the back of his head, requiring sutures to close, and cuts and abrasions over various parts of his body. Plaintiff has, to date, had hospital and medical expenses in the sum of $1,358.21. 16. As a result of the incident described above, and during the course of the incident, Plaintiff suffered fear and apprehension, tense mental distress, pain, suffering, and discomfort, and will continue to suffer such symptoms for an indefinite time in the future, for which claim is made upon the Defendant. 17. Defendant,s q 28~0~l~l~sault upon Plaintiff, conduct, was willful, malicious, wanton, and carried out with the intent to kill or seriously injure Plaintiff, with no justification whatsoever, for which punitive damages are claimed from Defendant. 18. As a result of the incident described above, the personal property of Plaintiff, that is, his suit, having a value of approximately $1,000, was irreparably damaged, and had to be discarded, for which claim is made upon the Defendant. Also, as a result of the incident a necklace, having a value of approximately $250, and a watch, having a value of approximately $50, were damaged, for which claim is made upon the Defendant. WHEREFORE, Plaintiff demands judgment against the Defendant in a sum in excess of $30,000, along with costs of suit. --. C RI~A~N NESS, ESQUIRE I verify that the statements made in this instrument 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. 284091240151 DOD ~ ~ o o COUNTY QFYDRK OFFI OF THE SHER :F 28 EAST MARKET ST., YORK, PA 17401 (1 of 2) SERVICE CALL (717) 771-9~01 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ George, Evangelia, and Konstantina Karandrikas 2. COURT NUMBER 99-Su-1519-01 3. DEFENDANT/~ 4. TYPE OF WRIT OR COMPLAINT Lonnie Friedman and Anne Melnyk trespass summons 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'I-FACHED, OR SOLD. SERVE Lonnie Friedman '~ 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., Cl'rY, BORO, TWR, STATE AND ZIP CODE AT 4099 Rufus King Court, Enola, PA 17025 7. INDICATE SERVICE: :~PERSONAL n PERSON IN CHARGE ~DEPUTIZE r~ CERT. MAIL n 1 ST CJ~SB MAIL [3 POSTED [3 OTHER NOW .~p~T, 28 19 99 I, $HERIFF OF YORK COUNTY, PA d~..~ebydeputi~t~esheriffof Cumbe~]and COUNTY'to execute this WrJ(~.,~fd/~fJ~ke. return,~l~.l~;~-~cc~ordlng to law. This ~/~putatl~beirlg~lade at the request and risk of the plaintiff. ~.=~' _~/rEI~f~F~)I~'~'?~'R~' COUNTY 8. SPECIAL IN~I~uCTION~ OR O'1~4~ INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: > co ~ "~ Advance fee attached $100.00 o o (~3 .~ Refund monies to atty NOTE ONLY APPMCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property2~er ~thin~t II~y leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of ~1 de~ ~[h~ edff to any plaintiff heroin for any loss, destruction, or removal of any properly before shedffs sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE N~ER__ ~8--99 J. Christian Ness,~%1~ 843-8004 _~_ 43 N Duke St York Pa E&/~uzre 12. BEND No.'rI.C.E OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area mum be completed If notice la to be mailed). William N Hose York Co Sheriff 28 E Market St York pA 17401 13. I acknowledge receipt of the writ or complaint as indisatod above. T Kohr SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiretion/Hearing Date 4-28-99 5-28-99 16. I hereby CERTIFY and RETURN that I [3 have personally served, [3 have posted property, CI have legal evidence of service as shown in 'Remarks', [3 have executed as in 'Remarks", the writ or complaint dasodbed on the individual, company, cor- poration, etc, at the address inserted below by handing a TRUE end A~ ~=STED COPY thereof. 17. [3 1 hereby certify and ratum a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I MST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) ~ 19. Date of Service 20. ~me of Service ~.ATT~PTaI,OatelTIme M,ea Int. Date Time Miles InL Date Tlme Mllea Int. IDate TIme Miles Int. IDato TI'me Mites Int. D~te TIme MIIse Int. serv. NctFound .Mi,eag. ?.Pound.geFea Su.ha.e..,; ,oO I /' O30'T°telC°" 33. AFFIRMED and subscribed to before me this 34. day of 35. 19 MY COMMISSION EXPIRES 36. Signature of :// I ~9. Date 37. Signature of ~////2~ ~~ I 40. Date 38, Signature of Foreign ~ 41, Data ~un~ She~ff 42. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 43. Date Receivod 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. SLUE - Sheriff's Office SHERIFF ' S RETURN - REGULAR CASE NO: 1999-00276 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KARANDRIKAS GEORGE ET AL VS. MELNYK ANNE ET AL BRIAN M 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 FRIEDMAN LONNIE the defendant, at 1906:00 HOURS, on the 7th day of May 1999 at 4099 RUFUS KING COURT ENOLA, PA 17025 ,CUMBERLAND County, Pennsylvania, by handing to LONNIE FRIEDMAN a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 2.50 ~ .00 ~. 't'ho~s $29.±~ J CHRISTIAN NESS 05/10/1999 Swo~'n and subscribed to before me this19 ~3/~~ID'day of _~.~ ~ ~-~ ~ ;~ooO / lisle B~,r~ JtO, Notary Public ~ ":,,qberland County · *.'?_e~mber 17, 2001 196090!920009 COJJNTY OF YORK OFFICE OF THE SHER.:F 28 EAST MARKET ST., YORK, PA 17401 (2 of 2) SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ George, Evangelia, and Konstantina Karandrikas 2. COURTNUMBER 99-Su-1519-01 3, DEFENDANT/S/ Lonnie Friedman and Anne Melnyk 4. TYPE OF WRIT OR COMPLAINT trespass Sua~ons SERVE AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROP'~'~¥Y TO BE LEVIED, ATTACHED, OR SOLD. Anne Melnyk 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE 417 West Main Street, Hummelstown, PA 17036 7. INDICATE SERVICE: ~[PERSONAL O PERSON IN CHARGE ~DEPUTIZE O CERT. MAIL O 1 ST CLASS MAIL (3 POSTED n OTHER NOW ~rll ?R 19 99 I, SHERIFF OF YORK COUNTY, PA, doJ:~l~bydeputlzetheah®riffof r~ .... ~.,; ~ COUNTY to execute to la~'.. ~¥'s'~l'eputatlon being made at the request and risk of the plaintiff. 8. ~PECIAL IN.STRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Advance fee attached $29.25 Refund monies to atty NOTE ONLY/I~LICABLI~N WF~OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a~atchman,,,ie~'usto~/'~ whomever is found in possession, after notifying person of levy or attachment, without liability on the pert of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11.,~A_T.~_9 9 J. Christian Ness, Esquire, 43 N Duke St york PA 17401 843-8004 ~ 13. I acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpiretiorVHearing Date or complaint as indicated above. ~ Koh= 4-28-99 5-28-99 16. I hereby CERTIFY and RETURN that I C} have personally served, Q have posted property, Q have legal evidence of service as shown in 'Remarks', ~1 have executed as in 'Remarks', the writ or complaint described on the individual, company, cor- poration, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.~1 hereby certiiy and tatum a NOT FOUND because I am unable to locate the individual, company, corporation, sic, named above. (See remarks below.) 18.fI~AME AND TITLE OF INDIVIDUAL SERVED I MST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 21.ATTEMPTS Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Mllea Int. Date Time Miles thL ID ate Time Mllea thL ' ~ ' t[ I Cost Due or Refund 33. A"F~=IRM~D and subscribed to before me this 34. day of 19 35. MY COMMISSION EXPIRES , ......!T, ':;:;-~ SO ANSWER. ,,2 I "'Date 37. Sig~tumofYoa ///~ ~~ [~.Date~ 38. Signature of Fore~ ~ 41. Date Coun~ She~ff 42. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE [ 43. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE I 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsy~ania : GEORGE EVANGELIA vs County of Dauphin : MELNYK ANNE Sheriff's Return No. 0825-T - - -1999 OTHER COUNTY NO. 99-SU-1519-01 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MELNYK ANNE the DEFENDANT named in the within SUMMONS IN CIVIL ACTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 6, 1999 AS PER LANDLORD, DEF MOVED TO ENOLA. Sworn and subscribed to before me this 24TH day of MAY, 1999 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. ~ Deputy Sheriff Sheriff's Costs: $29.25 PD 04/29/1999 RCPT NO 123353 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, EVANGELIA KARANDRIKAS and KONSTANTINA KARANDRIKAS VS LONNIE FRIEDMAN and ANNE MELNYK : NO: 99 SU 01519-01 P R A E C I P E F~'~ ~..~ TO THE PROTHONOTARY: Please reinstate the above-captioned summons in trespass· J./CHRISTIAN NESS, ESQUIRE A~torney for Plaintiffs #15941 Dated: IN THE COURT OF COMMON PLEAS OF YORK CO~. ,'Y, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es): : George Karandrikas, Evan~elia : Karandrikas and Konstantina .- Karandrikas : 2995 Lehigh Road .. York, PA 17402 : : VS. : : Defendant(s) & Address(es) : Lonnie Friedman and : 4099 Rufus King Court : Enola, PA 17025 : Anne Melnyk : 417 West Main Street : Hummelstown, PA 17036 Civil Action- Trespass PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in trespass in the above case. Date: Signature of Attorney J. Christian Ness, Esquire 43 North Duke Street Yorkt PA 17401 843-8004 Name/Address/Telephone Number of Attorney Supreme Court ID Number 15941 SUMMONS IN CIVIL ACTION TO: Lonnie Friedman and Anne Melnyk YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST ou. Protho6ot~ry/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, : Plaintiff : V. : LONNIE FRIEDMAN, : Defendant : No. 00749 Civil 2002 COMES NOW the Defendant Lonnie Friedman by his attorney Paul J. Killion and files his Answer to the Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. 5. Denied. 6. Denied. 7. Denied. 8. Admitted. 9. Admitted. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied as stated. Plaintiff did go to Holy Spirit Hospital and was treated for minor injuries. 16. Denied. 17. Denied. 18. Denied. WHEREFORE, the Defendant Friedman respectfully requests this Honorable Court to grant judgment in his favor and against Plaintiff. 19. Any and ail injuries suffered were caused by the actions of Plaintiff in taunting Defendant while driving and then initiating a physical confrontation. 20. Plaintiff assumed the risk of any injuries he alleges by his aggressive conduct. WHEREFORE, Defendant Friedman respectfully requests judgment be granted in his favor and against Plaintiff. Date Paul J. Killion, Esq. Attorney for Defendant ID No. 20955 KILLION & METZ 214 Pine Street Harrisburg, PA 17101 (717) 232 - 0879 CERTIFICATE OF SERVICE served a hue and correct copy of the foregoihg Answer and New Matter upon the person indicated below by First Class US Mail: Hamy M. Ness, Esquire 328 East Market Street York, PA 17403 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sukmitted in duplicate) TO THE PROTHONOTARY OF ~RLASD COUNTY Please list the following case: (Check one) ( x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must he stated in full ) GEORGE KARANDRIKAS ( Plaintiff ) VS. LONNIE FRIEDMAN ( Defendant ) VS. ( check one ) ( x ) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on 6/11/02 and Trials coamence on 7/8/02 Pretrials will be held on 6/19/02 (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 00749 Indicate the attorneywhowill try case Harry M. Ness~ Esq. Indicate trial counsel for other parties if known: Civil 2002 19 for the party who files this praecipe: Paul J. Killion, Esq. This case is ready for trial. Date: 2/25/02 Signed: __ Print Name: Attorney for: Harry M. Ness, Esq. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, : Plaintiff : V. : : LONNIE FRIEDMAN, : Defendant No. 00749 Civil2002 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The above-captioned matter was listed for jury trial by the Plaintiff. It is requested that the matter be stricken from the Jury Trial List and scheduled for a non-jury trial. The basis for this request is as follows: 1. The case was commenced by a Complaint filed in York County Exhibit A. 2. B). 3. The case was transferred to Honorable Michael Brillhart (see Exhibit C). 4. 5. 6. (see The Defendant filed Preliminary Objections to the Complaim (see Exhibit Cumberland County by Order of the An Answer was filed by the Defendant on March 15, 2002. All pleadings have been closed for over two months. At no time was a jury trial requested by either of the parties. It is therefore requested that this case be stricken from the Jury Trial List for the July Term of Court. Respectfully submitted, Date" Paul J Kilhox~ Esqmre ~' Attorney I.D. No. 20955 214 Pine Street Harrisburg, PA 17101 (717) 232-0879 Attorney for Defendant Friedman -2- IN THE COURT OF -COMMON PLEAS OFf'YORK COUNTY, PENNSYLUANIA GEORGE KARANDRIKAS, LONNIE FRIEDMAN NO: 99 SU. 01519-01 COMPLAINT AND COMES NOW,~iGEORGE KARANDRIKAS, b~ his attorney, J. Christian Ness, and'file his'Complaint as follows: 1. Plaintiff]'~ GEORGE KARANDRIKAS, is an adult individual residing'at 2995 Lehigh Road, York, York County, Pennsylvania 17402~ 2. Defendant, LONNIE FRIEDMAN, resides at 4099 RufUs King Court, Enola,' Pennsylvania 17025. 3. On November 15, 1998, at about. 4:15 p.m., Plaintiff was operating his motor vehicle north on Interstate 83, in"~York'County, Pennsylvania, in the vicinity of the Emigsville'E~'it~' Occupying Plaintiff's vehicle with CO ~him were his wife, Evangelia Karandrikas, and daughter, ~-Konstantina Karandrikas. At the time and place, Defendant c~was operating his motor vehicle north on Interstate 83, also ~-in the vicinity of the Emigsville Exit. Anne Melnyk was a ~passenger in his vehicle. 4. At the time and place as set forth above, both vehicles were inii'the"lefthand (passing) lane. Defendant's vehicle was in front,'and Plaintiff's vehicle was following behind. Defendant,"then operated his vehicle into the right lane, and Plaintiff passed the Defendant's vehicle on the left. At the pointi~hat both vehicles were side by side, Defendant gave ~n~obs~ene gesture to Plaintiff and his f~mily, and the gesture was returned by Plaintiff. 5. Following the exchange of gestures between the parties, the Defendant accelerated his vehicle so as to continue driving side by side with the vehicle of Plaintiff, operating his vehicle dangerousl~ close t~ Plaintiff's vehicle, while Defendant yelled and gestured for Plaintiff to pull over. 6. Piaintiffirefused to pull over, and continued his vehicle north on'~iR°ute 83, through northern York County, Pennsylvania, attempting to ignore the Defendant. Defendant continued to closely.follow the vehicle of Plaintiff, Defendant continu~g to yell End gesture to the occupants of Plaintiff's vehicle. 7. Eventually~!Plaintiff approached a construction- area on Interstate'83, in northern York County, Pennsylvania, and both parties were required to enter a single lane, which is often called a "cattle shoot" in construction sites. ~At this point, .Defendant was unable to operate his vehicle~beside the.vehicle of Plaintif·f, and·, bl necesBity,.pulled~his"vehicle behind the vehicle'of Plaintiff. '~'~"~':"~ 8. Plaint~ff~continued to operate his vehicle through the construction'site with Defendant following behind, and both vehicles entered~Cumberland County, Pennsylvania, leaving Route 83 at the Camp Hill "split", in the vicinity of New Cumberland, Cumberland County, Pennsylvania. 9. Plainti'ff continued into'the metropolitan area of Camp Hill., where'Plaintiff and his family had made arrangements'to attend a church fundraiser at the Raddison Hotel in Camp Hill. 10. Defendant.continued'to follow Plaintiff from Route 83 towards Camp Hill'i.~laccelerating to maintain a close distance behind Plaintiff's vehicle. 11. Although..Plaintiff continued to attempt to ignore eD the Defendant, Plaintiff eventually had to stop.his vehicle ~ at a red traffic .signal in the vicinity of the Camp Hill ~ Mall. 12 As Plaintiff's vehicle was stopped at the traffic signal,'Defendant rapidly pulled his vehicle beside Plaintiff's vehicle',~and Defendant Suddenly got out of his vehicle, ran to Piai~tiff's car, and began karate-style kicking against the ~indow of the driver's side of Plaintiff's vehicle in an attempt' to break out the window. While kicking the window of Plaintiff's vehicle, the Defendant yelled "Get out. I am going to kick your ass". Plaintiff, feari'ng for the safety of his wife and daughter, exited his vehicle so as to prevent further kicking at the glass. As Plaintiff'was getting out of his vehicle, Defendant suddenly kicked Plaintiff on the hip, and then began to kick Plaintiff repeatedly. 13. In order to~'protect.himself, the Plaintiff grabbed Defendant, and'both,~arties fell to the ground, rolled across the medianidivide separating the north and southbound lanes, and Defendant eventually ended up on top of Plaintiff, straddling him. Defendant then said to Plaintiff repeatedly that he was going to kill Plaintiff. 14. At this point, an off dUty police officer arrived, displayed a badge of authority, and attempted to push Defendant off of Plaintiff. Pla'intiff, u~on seeing the policeman, and believing that thel situation was under control, stopped.lstruggling- Immediately upon Plaintiff ceasing his struggles, and while the police officer was looking on, the-Defendant grabbed Plaintiff's head, while Plaintiff was still'on'his back on the ground, and slammed the head of the Plaintiff into the ground at. least two times, splitting open'the back of Plaintiff's head. 15. Following the incident, Plaintiff was taken to Hol Spirit Hospital,'·Camp Hi!l, Pennsylvania, where he was treated for his injuries, which included a severe cut to tn back.of his head~".r~quiring sutures to close, and cuts~'and abrasions over varibus parts of his body. Plaintiff has, t~ date, had hospital .and medical expenses in the sum of $1,358.21. 16. As a result, of the incident described above, and during the course"of the' incident, Plaintiff suffered fear and apprehension,.>tense mental distress, pain, suffering, and discomfort, and will continue to suffer such symptoms for an indefinite time in the future, for which claim is made upon the Defendant. 17. Defendant's conduct, and assault upon Plaintiff, b- O was willful, malicious, .wanton, and carried out with. the intent to kill or.~seriously injure Plaintiff, with justification whatsoever, for which punitive damages are claimed from Defen'dant. . 18. As a result of the incident described above, the personal property~oflPlaintiff,. . . that is, ~is suit, having a value of approximately $1,000, was irreparably damaged, and had to be discarded, for which claim is made upon the Defendant. Also, as a result of the incident a necklace, having a. value of.approximately $250, and a watch, having a value of approximately $50, .were damaged, for which claim is made upon the Defendant. WHEREFORE, .P~ai~tiff demands judgment ag&inst the Defendant in a sum in excess of $30,000, along with' costs of NEss, ESQUIRE ~c~ ~ Y FOR PLAINTIFF ' I verify that the statements made in this instrument 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.. IN THEtCOURT OF COMMON PLEAS OF yoRK COUNTY, PENNSYLVANIA George Karandrikus Plaintiff Vo Lonnie Friedman Defendant Civil Action Law No.: 99 SU 01519-01 PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT Defendant Lonnie Fri~dmhni by and through his undersigned counsel, preliminarily objects to Plaindff'~ :~°mplaint. Defendant Friedman sets forth his preliminary objections as follows': PRELIMINARY OBJECTION TO VENUE Defendant Lonnie Friedr~an has been sued in this action in York County, Court of Common Pleas. Defendant Friedman is a/esident of Cumberland County. Defendant Friedman has Commenced a lawsuit against the Plaintiff in this action arising out of the same ~t of facts at Cumberland Court of Common Pleas No. 00-8059 Civil Term. The incident out of whicl~ this lawsuit and Friedman's counter lawsuit have been filed, both arise out of an altercation on a roadway in Camp Hill, Pennsylvania, Cumberland County, on NOvember 15, 1998. Pursuant to Pennsylvama RUle of Civil Procedure 1006(a) an action against an individual may be broughi' in~a~d only in a County in which the individual may be served, or in which the cause'°f action arose, or where a transaction or occurrence o took place out of which the cause of action arose, or in any other County authorized by law. Defendant Friedman is a resident of Cumberland County with no reason to be served in York County, the cause of action here took place on a roadway in Cumberland County and ho Other reason exist authorizing the prosecution of this lawsuit in any County oder ~ Cumberland County. Consequently Cumbefl~d County and not York County is the proper venue for this case wherefore Defefidafit Lonnie Friedman respectfully requests this court to enter an order granting D';fendants preliminary objection and transferring this case to Cumberland County. Date ' / Respectfully submitted, Paul J. Killion CERTIFICATE OF SERVICE I hereby certify that on this 000, that I have sent the attached Preliminary Objection '.to Plaintiff's Complaint to the following by first class mail, postage prepaid: J. Christian Ness, Esquire 43 North Duke Street Y°rk, PA 17401 KILLION & METZ 214 Pine Street Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff V ~ilE FRIEDMAN, Defendant APPEARANCES: J. CHRISTIAN NESS, ESQUIRE For the Plaintiff, George Karandrikas PAUL J. KILLION, ESQUIRE For the Defendant, Lonnie Friedman NO. 1999-SU-01519-01 CIVIL ACTION - LAW ORDER AND NOW, TO WIT, this 21st day of May, 2001, it is hereby ORDERED an( DIRECTED that the Preliminary Objection presented by the Defendant, Lonnil Friedman, is granted and venue shall be transferred to Cumberland County. The Prothonotary is hereby directed to provide notice of the entry of thi Order and accompanying Opinion as required by law. George Karandrikas v. Lonnie Friedman No. 1999-SU-0t 519-01 Order BY THE COURT: CERTIFICATE OF SERVICE AND NOW, this 31 st day of May, 2002, I hereby certify that I have served a true and correct copy of the foregoing Praeeipe upon the person indicated below by First Class United States Mail addressed as follows: Harry M. Ness, Esquire 328 East Market Street York, PA 17403 Paul J Kilhon,~s~tfire t~ GEORGE KARANDRIKAS, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA LONNIE FRIEDMAN, DEFENDANT 02-0749 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2002, a bench trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, July 3, 2002, at 1:30 p.m. ...Harry M. Ness, Esquire For Plaintiff ,./Paul J· Killion, Esquire For Defendant Edgar B. B~ay~r~y, Court Administrator :saa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS VS. LONNIE FRIEDMAN LONNIE FRIEDMAN VS. GEORGE KARANDRIKAS No. 00749-2002 CIVIL TERM No. 00-8059 CIVIL TERM WITHDRAWAL OF COUNSEL TO THE PROTHONOTARY: Withdraw my appearance on behalf of Lonnie Friedman in the above-captioned cases. bmitted, Paul~.. Killio~ Er~uir~ I.D. No. 20955 214 Pine Street Harrisburg, PA 17101 (717) 232-0879 BROUJOS & GILROY, p.c. ATTORNEYS AT LAW 4 NORTH I-IANOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1690 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff v LONNIE FRIEDMAN, Defendant LONNIE FRIEDMAN, Plaintiff v GEORGE KARANDRIKAS, Defendant NO. 02 - 00749 NO.~O- 8059 CIVIL TERM CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of the firm of Broujos & Gilroy, P.C. on behalf of Lonnie Friedman in the above cases. Respectfully submitted, ubert X.~~~roy, Esquire Broujos ~ Gilroy, P.C. ~aN;?'~-an°velis~, PA ,70~3Street (717) 243-4574 Supreme Court ID No. 29943 GEORGE KARANDRIKAS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LONNIE FRIEDMAN, DEFENDANT : 02-0749 CIVIL TERM AND NOW, this day of June, 2002, upon agreement of counsel, the non-jury trial scheduled for July 3, 2002, IS CONTINUED. The case shall be rescheduled, with this judge, at the request of either counsel.,~, Edgar B. Bayl J. ,~l-larry M. Ness, Esquire For Plaintiff /Hubert X. Gilroy, Esquire For Defendant Court Administrator ;saa ¥IN~A"I~tN~Id 12. George Karandrikas V Lonnie Friedman : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : : NO. 02-749 CIVIL TERM ORDER OF COURT AND NOW, June 11, 2002, by agreement of counsel, the above captioned case is hereby continued from the July 8, 2002 trial term. Counsel is directed to relist the case when ready. t/t~arry M. Ness, Esquire For the Plaintiff ~FaUl J. Killion, Esquire or the Defendant Court Administrator By the Court, ld PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sut~nitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAbD COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( X ) Civil Action - Law ( ) Appeal from Arbitration George Karandrikas ( Plaintiff ) ( ) ( other ) VS. Lohnie Friedman VS. ( Defendant ) The trial list will be called on and Trials cormaence on Pretrials will he held on (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. NO. Indicate the attorney who will try case Harry M. Ness, Esquire Civil 02-00749 2002 for the party who files this praecipe: Indicate trial counsel for other parties if known: Hubert X. Gilroy, Esquire This case is ready for trial. Signed: ~'~/ -~' Harry M. Ness Print Name: Date: November 20, 2002 Attorney for: Plaintiff GEORGE KARANDRIKAS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LONNIE FRIEDMAN, DEFENDANT 02-0749 CIVIL TERM ORDER OFCOURT AND NOW, this ~.--~_~¢~,. day of November, 2002, IT IS ORDERED that a non-jury trial shall be conducted on the within case in Courtroom No. 2, at 8:45 a.m., Thursday, December 18, 2002. Harry M. Ness, Esquire For Plaintiff Hubert X. Gilroy, Esquire For Defendant Court Administrator :sal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff LONNIE FRIEDMAN, Defendant LONNIE FRIEDMAN, Plaintiff GEORGE KARANDRIKAS, Defendant : NO. 02 - ~749 : NO. 00 - 8059 CIVIL TERM CIVIL TERM COURT ORDER AND NOW this ~l~day of December, 2002, upon consideration of the attached it ' n' tri schedued in ' case Motion for Continuance, is d~re.c~ed t~at_th.e n~l-j~t~ ~ ~. for December 18, 2002 Is canceiled~~ ~"-~~.~ __~~~mtl~ Edgar B. Bayley /Harry M. Ness, Esquire For Plaintiff Hubert X. Gilroy, Esquire For Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS VS. LONNIE FRIEDMAN · No. 02-00749 CIVIL TERM LONNIE FRIEDMAN VS. GEORGE KARANDRIKAS No. 00-8059 CIVIL TERM MOTION FOR SANCTIONS FOR FAILURE TO FULLY ANSWER PLAINTIFF KARANDRIKAS' INTERROGATORIES, UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 4019(a)(1)(i) George Karandfikas, by his attorney, Harry M. Ness, Esq., respectfully represents the following to this Honorable Court: 1. The Plaintiff in the above-named action is George Karandrikas, an adult individual currently residing at 1839 S. Queen St., York, PA 17403. 2. The Defendant in the above-named action is Lonnie Friedman, an adult individual currently residing at 1916 Monterrey Dr., Mechanicsburg, PA 17050· 3. Plaintiff and Defendant are currently litigants in a civil suit, No. 00- 00749, in which George Karandrikas is Plaintiff and Lonnie Friedman is Defendant, and suit No. 00-8059, in wliich Lonnie Friedman is the Plaintiff and George Karandrikas the Defendant. 4. On September 20, 2002, a set of interrogatories were propounded by Plaintiff George Karandrikas to Defendant Lonnie Friedman. A copy of the said answers thereto immediately upon receipt of the Order of this Honorable Court. Respectfully submitted, HARRY M. NESS, ESQ. (23936) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff Ve LONNIE FRIEDMAN, Defendant LONNIE FRIEDMAN Plaintiff Ve GEORGE KARANDRIKAS, Defendant NO. 02 - 00749 CIVIL TERM NO. 00 - 8059 CIVIL TERM INTERROGATORIES PROPOUNDED BY GEORGE ~KARANDRIKAS FOR ANSWER BY LONNIE FRIEDMAN To: Lonnie Friedman c/o Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rule of Civil Procedure No 4005 and 4006 to file and serve upon the undersigned, within thirty (30) days from service hereof, your Answers, in writing and under oath, the following Interrogatories. You may answer the Interrogatories in the space provided or, if you need more space, you may supplement, your answer with pages you attach to these Interrogatories. If you object to any of the Interrogatories contained herein, you shall state with particularity the form of your objection and the reasons for the objection, including but not necessarily limited to, any privilege or other rule of law upon which you rely. These Interrogatories shall be deemed to be continuing in character. If, between the preparation of your Answers to the following Interrogatories and the time of trial in this case you or anyone acting on your behalf should learn the identities or locations of any persons having knowledge of discoverable matters, the identities of any persons expected to be called as expert witnesses at trial, the subject matter of such expected expert testimony, you shall promptly furnish the same to the undersigned by Supplemental Answers. If between the preparation of your Answers to the following Interrogatories and the time of trial, in this case you or anyone on your behalf should obtain information upon the basis of which you know that an earlier Answer to the following Interrogatories was incorrect when made or, though correct when made, is no longer true, you shall promptly furnish the same to the undersigned by SuHplamenta1 Answers. These Interrogatories are addressed to you, but all references to you shall be deemed to .also include references to anyone acting on your behalf, including any agents, servants, employees or independent contractors. Respectfully Submitted, Harry M. Ness, Esquire Supreme Court I.D. No. 239356 328 E. Market Street York, PA 17403 (717)-845-7695 State your full name, address, date of birth and social security number. Please list the names, addresses and phone numbers of all witnesses that you intend to call at trial in this case and indicate a summary of the anticipated testimony of each witness. To the extent you have claimed any injuries suffered by you as a result of the incident which is the subject of two above captioned actions, please list in detail all physical injuries that you sustained, all treatment that you received for those injuries, the name of the physician or health care facility that provided the treatment, the date of the treatment and the cost of the treatment. Please attach to your answers to these interrogatories copies of all invoices relating to bills you paid for this treatment. State in detail your version of the facts of the incident that took place on November 15, 1998 between yourself and George Karandrikas that forms the basis for the two above captioned actions. Se List all funds paid by you though the Cumberland County ARD Program that constitute a payment by you for any of the items of damages claimed by Mr. Karandrikas in the two captioned offenses. Other than the witnesses identified in your answer to Interrogatory 5, please list the names and addresses of any individual, s you are aware of who were witnesses to the incident on November 15, 1998 between you and Mr. Karandrikas which forms the basis for the above two captioned actions. List any criminal record you have for convictions or acceptance into the ARD Program, for each criminal conviction or ARD disposition list the docket number of the case, the charges filed and the final disposition. List the number of fist fights of physical altercations you have been involved in over the past twenty-five (25) years and, for each incident, list the date, the nature of the incident and the names and addresses of other individuals involved in the incident. Please last your income for the past five years and provide copies of any and all tax returns supporting the same. GEORGE KARANDRIKAS, Plaintiff Vo LONNIE FRIEDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION'- LAW NO. 02-0749 CIVIL TERM LONNIE FRIEDMAN, Plaintiff Vo GEORGE KARANDRIKAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-8059 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of January, 2003, upon consideration of the "Motion for Sanctions for Failure To Fully Answer Plaintiff Karandrikas' Interrogatories, Under Pennsylvania Rule of Civil Procedure 4019(a)(1)(i)," a Rule is hereby issued upon Defendant Lonnie Freidman to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, j / ~y/O/le~-r,~~.d; Harry M. Ness, Esq. 328 East Market Street York, Pennsylvania '17403 ,,v,~;g.~ ~ Attorney for Plaintiff George Karandrikas Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 Attorney for Defendant Lonnie Freidman GEORGE KARANDRIKAS, Plaintiff V LONNIE FRIEDMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02- 0749 CIVIL TERM / : CIVIL ACTION - LAW LONNIE FRIEDMAN, Plaintiff v GEORGE KARANDRIKAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 00 - 8059 CIVIL TERM : CIVIL ACTION - LAW ANSWER TO MOTION FOR SANCTIONE Lonnie Friedman, by his attorneys, Broujos & Gilroy, P.C., sets forth the following in response to the Motion of George Karandrikas for sanctions on Lonnie Friedman for failure to fully answer Interrogatories: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, the information requested by Plaintiff that was objected to was a request for a list of Defendant's income for the past five (5) years and copies of tax returns. In addition to being objectionable pursuant to Pennsylvania Rule of Civil Procedure 4003.7, Defendant asserts that such information is not relevant to the subject matter involved in the pending action and is objectionable pursuant to Pennsylvania Rule of Civil Procedure 4003.1. 5. Denied. Defendant Lonnie Friedman was justified in refusing to disclose information concerning his income for the past five (5) years because said income is solely related to his wealth and not otherwise relevant to the subject matter involved in the pending action, and is thereby objectionable pursuant to Pennsylvania Rule of Civil Procedure 4003.7 and 4003.1. 6. Denied. Defendant's actions in objecting to providing copies of his Income Tax Returns are appropriate for the following reasons: A. Plaintiff has no basis to seek copies of Defendant's Income Tax Returns except to determine Defendant's "wealth" and, therefore, Plaintiff may not obtain such information without a court order pursuant to Pennsylvania Rule of Civil Procedure 4003.7. B. If the Plaintiff suggests that he is requesting copies of Defendant's income for the past five (5) years for reasons other than determining wealth in a punitive damage claim, Defendant asserts that the income of the Defendant over the past five (5) years and copies of his Income Tax Returns are not relevant to the subject matter involved in the pending action and, pursuant to Pennsylvania Rule of Civil Procedure 4003.1, Defendant should not be required to produce the same. C. This case was previously listed for a non-jury trial and assigned to the Honorable Edgar B. Bayley. By prior Order issued in this case, Judge Bayley has indicated that the case will be brought back to him once discovery is complete for trial. Since this is a non-jury trial, Defendant suggests that any issue of wealth or income of either party is not a relevant issue until the court will determine that punitive damages are appropriate and, at that time, the court can allow the parties to explore issues of income and wealth. D. When a party seeks to obtain inheritantly private and personal information (such as income) a court is obligated to exercise its authority to limit the scope of such discovery to protect this privacy. Fechhelm v Nazareth Mutual Insurance, .Company, 49 Pa. D. &C.4th 493 (Monroe County, 2000). 7. This case involves a fistfight between both parties, with both parties suing each other for damages arising out of the incident and both parties seeking punitive damages. Lonnie Friedman is not seeking any loss of income in connection with his claim and, on that basis, his income tax return for the past five (5) years is not relevant to these proceedings. WHEREFORE, Defendant Lonnie Friedman requests that this court sustain his objection to Interrogatory Number 9 and direct that he is not required to disclose to George Karandrikas Mr. Friedman's Income Tax Returns and income for the past five (5) years. Respectfully submitted, Broujos & GilroyfP.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and suk~nitted in d~plicate) TO THE PROTHONOTARY OF CUMBERLASD COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X) for trial without a jury. CAPTION OF CASE (entire caption must he stated in full) George Karandrikas (Plaintiff) ( check one) (x) ( ) ( ) Civil Action - Law Appeal from Arbitration (other) vs. Lonnie Friedman vs. (Defendant) The trial list will he called on 8/12/03 and Trials comnence on 9 / 8 / 03 Pretrials will be held on 8 / 20 / 03 (Briefs are due. 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) NO. Indicate the attorney who will try case Harry M. Ness, Esquire Civil 02-00749 19 2002 for the pa~:y who files this praecipe: Indicate trial counsel for Other parties if known: Hubert X. Gilroy, Esquire This case is ready for trial. Date: May 19~ 2003 Signed: f~ Harry M. Ness Print Name: Attorney for-. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE KARANDRIKAS, Plaintiff VS. LONNIE FRIEDMAN, Defendant NO. 02-0749 CIVIL TERM LONNIE FRIEDMAN, : No. Plaintiff : : : : : : VS, GEORGE KARANDRIKAS Defendant 00-8059 CIVIL TERM ORDER AND NOW, TO WIT, this 27th day of May, 2003, the above captioned matter scheduled for Wednesday, June 18, 2003 at 1:30 P.M. is rescheduled for the 4th day of August, 2003 at 1:30 P.M. Edgar B. B~~ GEORGE KARANDRIKAS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF · CUMBERLAND COUNTY, PENNSYLVANIA LONNIE FRIEDMAN, DEFENDANT · 02-0749 CIVIL TERM VERDICT AND NOW, this I~'day of August, 2003, following a bench trial, I find in favor of plaintiff, George Karandrikas, and against defendant, Lonnie Friedman, on liability. The completion of the evidence on the damage portion of the case shall be held in Courtroom Number 2, Wednesday, August 13, 2003, at 8:45 a.m. Edgar B. Bayley, J. ,,d-larry M. Ness, Esquire ' For George Karandrikas .,,Hubert X. Gilroy, Esquire For Lonnie Friedman Court Administrator :sal , o -05-0 GEORGE KARANDRIKAS, PLAINTIFF V LONNIE FRIEDMAN, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA -_ : ._ LONNIE FRIEDMAN, PLAINTIFF V GEORGE KARANDRIKAS, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : _. : : 00-8059 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please mark the above two actions as settled and discontinued. Date: Har~'-~.. Ness, Esquire Attorney for George Karandrikas Date: Hubert X. Gilro~, .Esquire Attorney fo~onnle Friedman