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Home My WebLink About13-3341 Supreme Co. . f Pennsylvania 33V/ Co om 1 Pleas 'et r CUMBE County ST�� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ID Complaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: GEORGE S.MITSIOS I DIANE J. BELICIC ❑ Check here if you are a Self Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: MARCUS A. McK III Are money damages requested?: flYes ❑ No Dollar Amount Requested: within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes l No r5i: _ ;.r.•rr'4+l`:'i :i)r;,vl¢,.;[:- n;.,,;y ;4 .yam. .= T •Z LPx 'rnq- I +R 1 .! � W „• .F4� -• . :GiJS Fi YI �tlY �:C r d} ^_'. 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TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include El Statutory Appeal: Other mass tort) Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination ❑ ❑Employment Dispute: Other Other: Judicial Appeals ❑ MDJ - Landlord/Tenant ❑ Other: ❑ MDJ - Money Judgment MASS TORT ❑ Other: ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ' ❑ Other Professional: Pa.R.0 P. 205.5 212010 GEORGE S. MITSIOS, and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs �3 V. .ZA" -3l CIVIL TERM DIANE J. BELICIC, JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 y i � ) (717) 249 -3166 1- 800 - 990 -9108 -' LLJ M EL J_ !� /!� � • Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. GEORGE S. MITSIOS, and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. 2012- CIVIL TERM DIANE J. BELICIC, JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, this day of June, 2013, comes the Plaintiffs, GEORGE S. MITSIOS and his wife, THALLIA MITSIOS, by their attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendant, DIANE J. BELICIC: 1. The Plaintiffs George S. Mitsios and his wife, Thallia Mitsios, adult individuals residing at 37 Longstreet Drive, Carlisle, PA 17013. 2. The Defendant, Diane J. Belicic, is an adult with an address of 3110 Valley Road, Marysville, PA 17053. 3. On July 16, 2010, the Plaintiff, George S. Mitsios was traveling on Pa. Route 944 also known as the Wertzville Road. At approximately 11:25 a.m. the Plaintiff, George S. Mitsios was stopped on the Wertzville Road waiting for the vehicle in front of him to turn onto Rich Valley Road, located in Silver Springs Township, Cumberland County, Pennsylvania. 4. Without warning the Defendant, Diane J. Belicic operating a Chevrolet Trailblazer SUV came around a corner on Route 944. Instead of applying the brake, she pressed the accelerator and struck the rear of the Volkswagen Jetta driven by the Plaintiff, George S. Mitsios. 5. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Diane J. Belicic. 6. The accident occurred without warning due to the inattention and poor judgment of the Defendant, Diane J. Belicic. 7. The Defendant was negligent and careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision; b. She recklessly and dangerously pressed the accelerator instead of the brake. C. She failed to provide to the Plaintiff any warning of the pending collision. d. She was traveling in excess of the posted speed limit. e. She was traveling too fast for the conditions. 8. The Plaintiff seeks compensation for the pain and suffering, medical bills, lost wages,, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses he will incur in these areas from the Defendant. 9. The Plaintiffs, George S. Mitsios and his wife Thallia Mitsios, seek punitive damages from the Defendant due to her reckless and careless operation of her motor vehicle by pressing the accelerator instead of the brake. 10. The Plaintiff, George S. Mitsios seeks compensation for the medical expenses and any lost wages which he has incurred and may incur in the future to treat his injuries as a result of the injuries he sustained in the accident. 11. The Plaintiff, George S. Mitsios also seeks compensation for the serious and permanent injuries which he has sustained, which included injuries to his neck back and left shoulder. 12. The Plaintiff, Thallia Mitsios seeks damages for the loss of society and life's pleasures and the care she provided for the injuries to her husband, George S. Mitsios. WHEREFORE, the Plaintiffs request compensatory and punitive damages from the Defendant, Diane J. Belicic in the amount in excess of Fifty Thousand and no /100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT, P.C. By: Marcus AL. MOCnj4WHI, Esquire 60 West Pomfre Carlisle, Pennsylvania 17013 (717) 249 -2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: June 10, 2013 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the plaintiff in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. GeoKge 9 Mitsios Date: June 10, 2013 GEORGE S. MITSIOS, and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. 2012- CIVIL TERM DIANE J. BELICIC, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Julia A. Phillips, Esquire Law Offices Johnson Duffle 301 Market. Street P.O. Box 109 Lemoyne, PA 17043 IRWIN & cKNI T, P.C. By: Marcus . McK ight III, Esquire 6.0 ,West Pomfret tree Carlisle,`PA 17013 (717) 249 -2353 Supreme Court I.D. No. 25476 Date: June 10, 2013 GEORGE S.MITSIOS,and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MTTSIOS, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. 2013-3341 CIVIL TERM DIANE J. BELICIC, JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 CD (717) 249-3166 1-800-990-9108 rn C-- --or' CD > r Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court,please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. i GEORGE S. MITSIOS, and his wife, : IN THE.COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. 2013-3341 CIVIL TERM DIANE J. BELICIC, JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, this 19th day of June, 2013, comes the Plaintiffs, GEORGE S. MITSIOS and his wife, THALLIA MITSIOS, by their attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendant, DIANE J. BELICIC: 1. The Plaintiffs George S. Mitsios and his wife, Thallia Mitsios, adult individuals residing at 37 Longstreet Drive, Carlisle, PA 17013. 2. The Defendant, Diane J. Belicic, is an adult with an address of 3110 Valley Road, Marysville, PA 17053. 3. On July 16, 2010, the Plaintiff, George S. Mitsios was traveling on Pa. Route 944 also known as the Wertzville Road. At approximately 11:25 a.m. the Plaintiff, George S. Mitsios was stopped on the Wertzville Road waiting for the vehicle in front of him to turn onto Rich Valley Road, located in Silver Springs Township, Cumberland County, Pennsylvania. S 4. Without warning the Defendant, Diane J. Belicic operating a Chevrolet Trailblazer SUV came around a corner on Route 944. Instead of applying the brake, she pressed the accelerator and struck the rear of the Volkswagen Jetta driven by the Plaintiff; George S..Mitsios. 5. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Diane J. Belicic. 6. The accident occurred without warning due to the inattention and poor judgment of the Defendant, Diane J. Belicic. 7. The Defendant was negligent and careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision; b. She recklessly and dangerously.pressed the accelerator,instead of the brake. C. She failed to provide to the Plaintiff any warning of the pending collision. d. She was traveling in excess of the posted speed limit. e. She was traveling too fast for the conditions. 8. The Plaintiff seeks compensation for the pain and suffering, medical bills, lost wages, emotional distress, and loss of life's pleasures and permanent.injuries sustained in the accident as well as compensation for future losses he will incur in these areas from the Defendant. 9. The Plaintiff, George S. Mitsios seeks compensation for the medical expenses and any lost wages which he has incurred and may incur in the future to treat his injuries as a result of the injuries he sustained in the accident. 10. The Plaintiff, George S. Mitsios also seeks compensation for the serious and permanent injuries which he has sustained. 11. The Plaintiff, Thallia Mitsios seeks damages for the loss of society and life's pleasure caused by the injuries to her husband, George S Mitsios. The Plaintiff, Thallia Mitsios seeks compensation for the care she provided to her husband in order for him to recover from his injuries. WHEREFORE, the Plaintiffs request compensatory damages from the Defendant, Diane J. Belicic in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MC IGHT, C. L By: Marcus A. McKnig t, II Esquire 60 West Pomfret Street Carlisle, Pennsylvania 1.7013 (717)249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: June 19, 2013 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the plaintiff in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. eor„ e . Mitsios Date: June 19, 2013 _ GEORGE S. MITSIOS,and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. 2013-3341 CIVIL TERM DIANE J. BELICIC,. JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by'depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Julia A. Phillips,Esquire Law Offices Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043 IRWIN & McKNIGHT, P.C. By: Marcus A.t4cKnight III, Esq ' 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 19, 2013 GEORGE S. MITSIOS, and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. 2013-3341 CIVIL TERM mow. DIANE J. BELICIC, JURY TRIAL DEMANDED e, ' • ' Defendant • .tip 3, P.3'. PRAECIPE TO SETTLE AND DISCONTINUE C) -4 To the Prothonotary: Please mark the above -captioned case settled and discontinued. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: _ Marc 7 . McKn ght, II , squire 60 est ' omfret Street Carl le, Pennsylvania 1701 (717) ' 2353 Date: July 21, 2014 GEORGE S. MITSIOS, and his wife, : IN THE COURT OF COMMON PLEAS OF THALLIA MITSIOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DIANE J. BELICIC, Defendant 2013-3341 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: KAREN L. MASCIO, ESQUIRE JOHNSON DUFFIE 301 MARKET STREET P. O. BOX 109 LEMOYNE, PA 17043-0109 Date: July 21, 2014 IRWIN & McKNIGHT. ' C. By: Marcus A. fight, III, . quire 60 West Po Carlisle, PA (717) 249-2353 Supreme Court I.D. No. 25476