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HomeMy WebLinkAbout14-0246 Supreme Co ennsylvania Cour "� o Cdinalo Pleas For Prothonotary Use Only: per Sliee h8) Docket No: CUMB�RRLAND County P - o — n 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: S El Complaint =J Writ of Summons ❑ Petition 0 Transfer from Another Jurisdiction Declaration of Taking �E C Lead Plaintiff's Name: Lead Defendant's Name: SAMANTHA RENDEMONTI BAUMGARDNER TRANSIT, INC. T iX Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) R] outside arbitration limits 'O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes iX' No I A Name of Plaintiff /Appellant's Attorney: JOHN J. RENDEMONTI E Check here if you have no attorney (are a Self- Represented J.Pro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your f PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment iX, Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 1 =4 Dept. of Transportation S f 1 0, Premises Liability Statutory Appeal: Other 0 Product Liability (does not include 0 Employment Dispute: E 0 t tor t) Slander /Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T Other: 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration Other: B rl 0 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus I Landlord/Tenant Dispute J Non - Domestic Relations i Mortgage Foreclosure: Residential Restraining Order I PROFESSIONAL LIABLITY Eli Mortgage Foreclosure: Commercial 0 Quo Warranto 1 I_ Dental E! Partition IJ Replevin I FLIJ Legal I© Quiet Title I Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 a John J. Rendemonti, P.C. E' ar 0 iSNI� TialC' John J. Rendemonti, I.D. 37722 'li �fd`� � 0 1 14 Regency Pla,a Glen Mills, PA 1 _9342 SUMSEPA COUNTY 610 -358 -6000 P ENNSYLVANIA ATTORNEY FOR PLAINTIFFS SAMANTHA RENDEMONTI AND COURT OF COMMON PLEAS JOSEPH RENDEMONTI CUMBERLAND COUNTY PLAINTIFFS PENNSYLVANIA V. 11' f C BAUMGARDNER TRANSIT, INC. DOCKET NO.: )q ) `� LU l DEFENDANT KENNETH HARTUNG DEFENDANT NOTICE You hav -,: been sued in court. If you wish to defend against the claims set forth in the following pages, you must take such action within twenty (20) days after this complaint and notice are serves?., 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 mquested by the plaintiff. You may lose money or property or other rights important to yo" :. YOU SHOULD 'CAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW `IER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH B??LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association, 32 S. Bedford Street, Carlisle, Pennsylvania telephone number 717- 249 -3166 C�� John J. Rendemonti, P.C. John J. Rendemonti, I.D. 37722 14 Regency Plaza Glen Mills, PA 19342 610 - 358 -6000 ATTORNEY FOR PLAINTIFFS SAMANTHA RENDEMONTI AND COURT OF COMMON PLEAS JOSEPH RENDEMONTI CUMBERLAND COUNTY PLAINTIFFS PENNSYLVANIA V. ; BAUMGARDNER TRANSIT, INC. DOCKET NO.: DEFENDANT KENNETH HARTUNG DEFENDANT COMPLAINT - CIVIL ACTION 1. Plaintiff Joseph Rendemonti is an individual residing at 17 Waterford Place, Goose Creek, SC 29445. 2. Plaintiff Samantha Rendemonti is an individual residing at 17 Waterford Place, Goose Creek, SC 29445. 3. Plaintiff Joseph Rendemonti was at all times material hereto, financially responsible pursuant to the MVFRL. 4. Plaintiff Samantha Rendemonti was at all times material hereto, financially responsible pursuant'to the MVFRL. 5. Defendant Baumgardner Transit, Inc. , is a Pennsylvania Corporation regularly conducting business in the Commonwealth of Pennsylvania and in the County of Cumberland, and maintaining an office for the transaction of business in the Commonwealth of Pennsylvania, located at 698 Frankstown Road, South Fork, PA 15956. 6. Defendant Kenneth Hartung is an individual with a regular place of business at 698 Page 1 of 11 Frankstown Road, South Fork, PA 15956 and was at all times material hereto the authorized agent and employee of Baumgardner Transit, Inc. 7. Defendant Baumgardner Transit, Inc., regularly operates its vehicles within the County of Cumberland and the Commonwealth of Pennsylvania. 8. At all times material hereto, Kenneth Hartung was the agent, servant, representative and employee of Defendant Baumgardner Transit, Inc. , and at all times material hereto, was acting within the course and scope of his employment. 9. At all tinges material hereto, defendant Kenneth Hartung was placed in charge of and did operate and control the vehicle owned by defendant Baumgardner Transit, Inc. with the full permission and authority of defendant Baumgardner Transit, Inc. 10. On the 12` day of January, 2011, at approximately 10:15 A.M., Defendant Kenneth Hartung as agent and employee of Defendant Baumgardner Transit, Inc., operated, possessed, and controlled a certain tractor trailer, which was involved in a motor vehicle collision, herein described.. 11. Said tractor trailer operated by Defendant Kenneth Hartung was at all times material hereto owned and maintained by Defendant Baumgardner Transit, Inc. 12. At the time aforesaid, while Defendant Kenneth Hartung was operating the tractor trailer owned and maintained by Defendant Baumgardner Transit, Inc., on the Pennsylvania Turnpike, eastbound near mile post 206 it came into a violent collision with a certain motor vehicle neing operated in the same direction by plaintiff Joseph Rendemonti, and which motor vehicle was in the lane alongside Defendants' tractor trailer and as a result of which Plaintiff Joseph Rendemonti and Samantha Rendemonti sustained severe injuries Page 2 of 11 particulp. rly described herein. 13. The automobile collision complained of hereinabove and the Plaintiffs' resultant injuries, were caaised solely as the result of the negligence, carelessness, and recklessness of the Defendants and in no manner to any act or failure to act on the part of the Plaintiffs. 14. At the time aforesaid, the negligence, carelessness, and recklessness of Defendants consisted of the following; a. They did operate the said motor vehicle at a high and excessive rate of speed under the circumstances; b. They did fail to have the said motor vehicle under proper and adequate control at the time; C. They did fail to give proper and sufficient warning of the approach of the said motor vehicle; d. They did operate the said motor vehicle without due regard for the rights, safety, and position of the said Plaintiffs; e. v, ith the motor vehicle of the Plaintiffs in plain view, they did fail to exercise the care and vigilance in the operation of the said tractor trailer so as to avoid colliding with the automobile of the Plaintiffs; f. They did fail to signal; g. ;'hey did fail to stop; h. They did fail to yield; i. They did operate their tractor trailer in a reckless manner; j. They did fail to ascertain whether he could properly proceed without endangering the Page 3 of 11 Plaintiffs; k. They did fail to proceed with caution; 1. They did fail to maintain an assured clear safe distance between the tractor trailer they were operating and the automobile being operated by Plaintiff; M. They were otherwise careless, and negligent. COUNTI 15. Plaintiff Joseph Rendemonti, incorporates the averments of the complaint herein as though the same were set forth herein at length. 16. As a result of the aforesaid negligence, carelessness, and recklessness of the Defendants, Plaintiff, Joseph Rendemonti sustained severe injuries to his eyes, head, neck, cervical spine, lumbar spine, thoracic spine, jaws, teeth, back, spine, shoulders, chest, ribs, arms, legs, knees, body, brain, arteries, veins, circulatory system, and other extremities and being together , .with psychological damage and shock and injuries to his nerves and nervous system, in addition to receiving multiple contusions and abrasions to other parts of his body. All of the foregoing injuries have rendered Plaintiff, Joseph Rendemonti sick, sore, lame, prostrate, disabled, and disordered and have made him undergo great mental anguish and physical pain as a result of which he has suffered. 17. As a direct result of the negligence, carelessness, and recklessness of Defendants acting as aforesaid, Plaintiff has suffered excruciating and agonizing aches, pains, mental anguish, humiliation, and limitation and restriction of his usual activities, pursuits, and pleasures. 18. By reason of the negligence, carelessness, and recklessness of the Defendants acting as aforesaid, the Plaintiff Joseph Rendemonti has been required to expend various sums of Page 4 of 11 money for medical services and treatment of the injuries sustained as aforesaid. 19. As a direct result of the negligence, carelessness, and recklessness of Defendants, Plaintiff, Joseph Rendemonti has been disabled and unable to follow his usual occupation and hindered in and prevented from attending his usual duties, and occupation and avocations with a consequent severe loss and impairment of earnings, earning power, and earning potential, all to his great financial detriment and loss. 20. As a direct result of the negligence, carelessness, and recklessness of the Defendants acting as aforesaid resulting in the aforementioned injuries to the Plaintiff, the Plaintiff Joseph Rendemonti has been obliged and required to seek medicines, medical care, and treatment for the injuries suffered. 21. By reason of the negligence, carelessness, and recklessness of the Defendants acting as aforesaid, the Plaintiff Joseph Rendemonti has or may incur other financial expenses or losses which do or may exceed amounts Plaintiff may otherwise be entitled to recover. 22. By reason of the negligence, carelessness and recklessness of the Defendants acting as aforesaid, the Plaintiff Joseph Rendemonti has suffered, physical pain, mental anguish, discomfort, inconvenience, and distress as a result of his injuries. 23. By reason of the negligence, carelessness and recklessness of the Defendants acting as aforesaid, the Plaintiff Joseph Rendemonti has suffered and endured embarrassment and humiliation as a result of his injuries. 24. By reason of the negligence, carelessness and recklessness of the Defendants acting as aforesaid, the Plaintiff Joseph Rendemonti has suffered and endured past, present and future loss of his ability to enjoy any of the pleasures of life as a result of his injuries. Page 5 of 11 WHEREFORE, Plaintiff Joseph Rendemonti demands judgement against Defendants Baumgardner Transit, Inc. and Kenneth Hartung jointly and severally, in an amount in excess of Fifty Thousand Dollars ($50,000.00) plus interest, cost of suit and damages for delay pursuant to Pa.R.C.P., Rule 238. COUNT III 25. Plaintiff Samantha Rendemonti, incorporates the averments of the complaint herein as though the same were set forth herein at length. 26. As a result of the aforesaid negligence, carelessness, and recklessness of the Defendants, Plaintiff Samantha Rendemontisustained severe injuries to her head, skull, brain, face, eyes, neck, back, cervical spine, lumbar spine, thoracic spine, jaws, teeth, shoulders, chest, ribs, arms, elbows, hands, fingers, legs, knees, ankles, feet, toes, arteries, veins, circulatory system, muscles, bones, joints, and other extremities and being together with psychological damage and shock and injuries to her nerves and nervous system, in addition to receiving multiple contusions and abrasions to other parts of her body. All of the above injuries are permanent except those of a superficial nature. All of the foregoing injuries have rendered Plaintiff Samantha Rendemontisick, sore, lame, prostrate, disabled, and disordered and have made her undergo great mental anguish and physical pain as a result of which she has suffered, continues to suffer and will continue to suffer for an indefinite time in the future. 27. As a direct result of the negligence, carelessness, and recklessness of Defendants acting as aforesaid. Plaintiff Samantha Rendemonti sustained a serious impairment of a bodily function, and has sustained permanent serious disfigurement. 28. As a direct result of the negligence, carelessness, and recklessness of Defendants acting as Page 6 of 11 aforesaid, Plaintiff Samantha Rendemontihas suffered in the past and will continue to suffer in the future excruciating and agonizing aches, pains, mental anguish, humiliation, disfigurement, and limitation and restriction of her usual activities, pursuits, and pleasures. 29. By reason of the negligence, carelessness, and recklessness of the Defendants acting as aforesaid, the Plaintiff Samantha Rendemonti has been and may in the future, be required to expend various sums of money for medical services and treatment of the injuries sustained as aforesaid. 30. As a direct result of the negligence, carelessness, and recklessness of Defendants, Plaintiff Samantha Rendemontihas been disabled and unable to follow her usual occupation and may in the future be hindered in and prevented from attending her usual duties, and occupation and avocations with a consequent severe loss and impairment of earnings, earning power, and earning potential, all to her great financial detriment and loss. 31. As a direct result of the negligence, carelessness, and recklessness of the Defendants acting as aforesaid resulting in the aforementioned injuries to the Plaintiff, the Plaintiff Samantha Rendemontihas or will be obliged and required in the past and will continue to require in the future medicines, medical care, hospitalization, and treatment for the injuries suffered and may be obliged and required to expend sums and incur such expenditures for an indefinite time in the future. 32. By reason of the negligence, carelessness, and recklessness of the Defendants acting as aforesaid, the Plaintiff Samantha Rendemontihas or may incur other financial expenses or losses which do or may exceed amounts Plaintiff Samantha Rendemontimay otherwise be entitled to recover. Page 7 of 11 WHEREFORE, Plaintiff Samantha Rendemonti demands judgement against the Defendants, Baumgardner Transit, Inc. and Kenneth Hartung, jointly and severally, in an amount in excess of Fifty Thousand Dollars ($50,000.00) plus interest, cost of suit and damages for delay pursuant to Pa.R.C.P., Rule-238. COUNT IV 33. Plaintiff, Joseph Rendemonti, incorporates the averments of the complaint herein as though the same were set forth herein at length. 34. Plaintiff Joseph Rendemonti avers that he is the husband of Samantha Rendemonti the above Plaintiff. 35. As a result of the Defendants' negligence, carelessness, and recklessness resulting in the aforementioned injuries to Plaintiff Samantha Rendemonti, the Plaintiff Joseph Rendemonti has been deprived of the services, society, and consortium of his wife, all of which has been to his grc,;at loss. WHEREFORE, Plaintiff Joseph Rendemonti demands judgement against Defendants Baumgardner Transit, Inc. and Kenneth Hartung jointly and severally, in an amount in excess of Fifty Thousand Dollars ($50,000.00) plus interest, cost of suit and damages for delay pursuant to Pa.R.C.P., Rule 238. COUNT V 36. Plaintiff Samantha Rendemonti, incorporates the averments of the complaint as if set forth herein at length. 37. Plaintiff Samantha Rendemonti avers that she is the wife of Joseph Rendemonti the above Plaintiff. Page 8 of 11 38. As a result of the Defendants' negligence, carelessness, and recklessness resulting in the aforementioned injuries to Plaintiff Joseph Rendemonti, the Plaintiff Samantha Rendemonti has been deprived of the services, society, and consortium of her husband, all of which has been to her great loss. WHEREFORE, Plaintiff Samantha Rendemonti demands judgement against the Defendants, Baumgardner Transit, Inc. and Kenneth Hartung, jointly and severally, in an amount in excess of Fifty Thousand_ Dollars ($50,000.00) plus interest, cost of suit and damages for delay pursuant to Pa.R.C.P., Rule 238. COUNT VI 39. Plaintiffs incorporate the averments of the previous paragraphs inclusive as though the same were set forth herein at length. 40. Defendant Kenneth Hartung did violate the following sections of the Pennsylvania Vehicle Code 75 Pa.C.S.A., to wit: a. 3111: Obedience to traffic - control devices; b. 3303 (a) (1): overtaking vehicle on left; C. 3307: no passing zones; d. 3309: Driving on roadways laned for traffic; C. 3309(1): driving within single lane; f. 3331; Required position and method of turning. g. 3334(a); Turning movements and required signals; General Rule. h. 3361. Driving vehicle at safe speed. 41. Defendant Kenneth Hartung did violate the above sections of the Pennsylvania Vehicle Page 9 of 11 Code. 42. Defendant Kenneth Hartung was charged with and convicted of violating Pennsylvania Vehicle erode . 43. Defendant Kenneth Hartung is guilty of negligence as a matter of law. WHEREFORE, Plaintiffs Joseph Rendemonti and Samantha Rendemonti demand judgement against Defendants Kenneth Hartung and Baumbargner Transit, Inc., in an amount in excess of Fifty Thousand Dollars ($50,000.00) plus interest and costs. ` c Jo . Ren em ti to ey f i P intiffs Page 10 of 11 ■ ■ DEMAND FOR JURY Plaintiffs hereby make demand for a trial by a jury of twelve on all issues in controversy herein. Respectfully submitted, JO J. D NTI At orne for Plai fs Page 11 of 11 ■ VERIFICATION JOHN J. RENDEMONTI, hereby states that he is the attorney for the Plaintiffs in this action and verifies that the statements made in the foregoing complaint -civil action are true and correct to the best of his knowledge, information, and belief based upon documents and consultation with the Plaintiff(s). The undersigned is executing this verification due to the absence of the plaintiffs from the jurisdiction ,it the time of the filing of this verification. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. I n e de on f{. r Pla' iff(s) John J. Rendemonti, P.C. iki PIUTcIC?1C T ; John J. Rendemonti, I.D. 37722 14 Regency Plaza 2014 FEB —7 PM 2= 18 Glen Mills, PA 19342 610-358-6000 CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFFS PENNSYLVANIA SAMANTHA RENDEMONTI AND COURT OF COMMON PLEAS JOSEPH RENDEMONTI CUMBERLAND COUNTY PLAINTIFFS PENNSYLVANIA V. BAUMGARDNER TRANSIT, INC. DOCKET NO.: 14-(AP DEFENDANT KENNETH HARTUNG DEFENDANT PRAECIPE TO REINSTATE A COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in Civil Action filed in the above captioned action. a 111 o R demonti f $I I.,1!5 Pp"/PLFr ctf8qP e 3c)13q) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND...C_ OUNTY r. THE Pft,C TH No TAt ` of irunlirp.fa a, 2011 t r R 12 PM 2: 43 CUMBERLAND COUNTY PENNSYLVANIA OFfl e.. OF i i' 4 £RIRF Samantha Rendemonti (et al.) vs. Baumgardner Transit, Inc. (et al.) Case Number 2014 -246 SHERIFF'S RETURN OF SERVICE 01/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth Hartung, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint & Notice according to law. 01/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Baumgardner Transit, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint & Notice according to law. 01/27/2014 The requested Complaint & Notice returned by the Sheriff of Cambria County, the within named Defendant Baumgardner Transit, Inc., not found. Bob Kolar, Sheriff, Return of Service attached to and made part of the within record. 01/27/2014 The requested Complaint & Notice returned by the Sheriff of Cambria County, the within named Defendant Kenneth Hartung, not found. Bob Kolar, Sheriff, Return of Service attached to and made part of the within record. 02/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth Hartung, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Bedford, Pennsylvania to serve the within Complaint & Notice according to law. 03/05/2014 09:18 AM - The requested Complaint & Notice served by the Sheriff of Bedford County upon Lisa Hartung, Widow of defendant, who accepted for Kenneth Hartung, at The Bedford County Sheriffs Office at 200 South Juliana Street, Bedford, PA. Charwin Reichelderfer, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $72.49 SO ANSWERS, March 07, 2014 RON R ANDERSON, SHERIFF (c) CountySulte Sheriff, Teleoseft, inc. Rdb Kolar • Sheriff SHERIFF'S OFFICE OF CAMBRIA COUNTY Suzann M. Lehmier Solicitor SAMANTHA RENDEMONTI vs. BAUMGARDNER TRANSIT INC. (et al.) Case Number 2014 -90005 (2014 -246) SHERIFF'S RETURN OF SERVICE 01/27/2014 DEPUTY JOANNE REGALA, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: BAUMGARDNER TRANSIT INC., BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT & NOTICE AS "NOT FOUND" AT 698 FRANKSTOWN ROAD, SOUTH FORK, PA 15956. NOT LOCATED AT THIS ADDRESS 01/27/2014 DEPUTY JEFF L. RUSSELL, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: KENNETH HARTUNG, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT & NOTICE AS "NOT FOUND" AT 698 FRANKSTOWN ROAD, SOUTH FORK, PA 15946. DOES NOT LIVE AT THIS ADDRESS - THIS IS HIS EMPLOYER'S RESIDENCE (DEFENDANT TO BE AT 357 MILL RIDGE ROAD, EVERETT PA 15537) SHERIFF COST: $31.00 SO ANSWERS, February 04, 2014 Affirmed and subscribed to before me this 5TH day of FEBRUARY PROTHONOTARY 2014 BOB KOLAR, SHERIFF J - - Plaintiff Attome yJOHN�J RENDEMONTI PC, 14 REGENCY PLAZA, GLEN MILLS, P 19342 Y' (c) CountySuite Sheriff. Teleoscft, Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2014 -00246 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Bedford SAMANTHA & JOSEPH RENDEMONTI VS KENNETH HARTUNG Charwin Reichelderfer , Sheriff of Bedford County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon HARTUNG KENNETH the DEFENDANT , at 0918:00 Hour, on the 5th day of March , 2014 at 357 MILL RIDGE ROAD EVERETT, PA 15537 by handing to ar iF LISA HARTUNG,-SPOUSE AT THE BEDFORD SHERIFFS OFFICE a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof. Additional Comments SERVICE WAS EFFECUATED AT THE BEDFORD COUNTY SHERIFFS OFFICE 200 SOUTH JULIANA STREET BEDFORD THROUGH THIRD PARTY ACCEPTANCE TO LISA HARTUNG, SPOUSE OF KENNETH HARTUNG. SERVICE WAS COMPLETED. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00* Paid on 00 /00 /0000... By Sworn and Subscribed to before me this 5 day of tH OF NOTARIAL `EA.L Kimberly Sue Weyant, Notary Public Bedford Boro, Bedford County My Commission Expires July 10. 2017 VANI ;\ N A S• IAIION OF NO IS Sheriff of Bedford County PHONE 814-623-2910 SHERIFF'S OFFICE FAX 814-623-2940 COUNTY OF BEDFORD PENNSYLVANIA OFFICE OF CHARWIN REICHELDERFER SHERIFF 200 SOUTH JULIANA STREET BEDFORD, PENNSYLVANIA 15522 Plaintiff vs De,rtoil, PA 15537 Defendant and Address Acceptance of Service DIANE NELSON Real Estate Deputy KIM WEYANT Secretary No. A41,0. V-0■4- , accept service of the C .0 Pc authorized to do so. on behalf of l'<",--)i•Jel-4 and certify that I am Signature & Re a Defendant Date 16 — Tuesday, February 11, 2014— Bedford Gazette; Sedford, p Obituaries Kenneth W. Hartung Everett - Mr. Kenneth W. Hartung, 56, of Mill Ridge Road, Everett, died Saturday, Feb. 8, 2014, at UPMC Altoona Hos- pital. 1Mr.. Hartung . was born in Durand, Wis., on Saturday, June 8, 1957, the son of the late Carl and Evelyn (Segstetter) H a tung. 1.On Oct. 24, 1997, he married Lisa'(McIl -' hon Hartung.. addition to his wife, he is survived by six inc edible: children; two older daughters in Wisconsin: daughter Haley, wife of Wade Kauf- man, of Berlin, Wis.; daughter Alyse, wife of Taylor Paulsen, of Berlin, Wis.; and by four children at home: daughter -Summer•Hartung of Shippensburg; daughter Autumn Hartung; son .Hunter Hartung and daughter Harmony Har- tung, sister Patricia, wife. of John Wetzel, of Eau Claire, Wis.; brother Bernard; husband of Roseanne Hartung, of Eau Claire, Wis: He is also survived by one grandson and one on the way. He was preceded in death by a brother, Dennis Hartung, and sister -in -law, Mary Ann. =• Ken was a truck driver and employed by Baumgatner's Trucking in Johnstown.•He was a member of the NRA, Everett VFW and a former member of-the American Legion in Everett. He was an ayid hunter with his dog Bailey and enjoyed golfing -- and both playing and coaching basketball. Ken was . a loving. husband, father and grandfather, a wonderful brother and a great friend. He will be greatly missed. Friends are invited to call on Wednesday from 2 to 4 p.m. and 6 to 8 p:m. at Louis Geisel Funeral Home, Bedford. A viewing and funeral will then be held at Westgor Funeral Home in Neenah, Wis., on Friday and Saturday of this week. Online condolences . may be expressed at www geiselfuneral.com. John J. Rendemonti, P.C. John J. Rendemonti, I.D. 37722 14 Regency Plaza Glen Mills, PA 19342 610- 358 -6000 ATTORNEY FOR PLAINTIFFS • Ali: ! HC 2014?IR2i Ail 10: COUNTy SAMANTHA RENDEMONTI AND COURT OF COMM() GVAN1A JOSEPH RENDEMONTI CUMBERLAND CO PLAINTIFFS PENNSYLVANIA V. BAUMGARDNER TRANSIT, INC. DEFENDANT KENNETH HARTUNG DEFENDANT DOCKET NO.: 2014 -246 RETURN AND AFFIDAVIT OF SERVICE OF COMPLAINT UPON DEFENDANTS JOHN J. RENDEMONTI, ESQUIRE, being duly sworn according to law, deposes and says that service of the Civil Action - Complaint has been made by the Sheriff of Cambria County upon Defendant BAUMGARDNER TRANSIT, INC. on March 4, 2014,as evidenced by the Affidavit and Return of Service which is attached hereto as Exhibit "A ". JOHN J. RENDEMONTI, ESQUIRE, being duly sworn according to law, deposes and says that service of the Civil Action - Complaint has been made by the Sheriff of Bedford County upon Defendant KENNETH HARTUNG on March 5, 2014,as evidenced by the Affidavit and Return of Service which is attached hereto as Exhibit "B ". The facts set forth herein are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S.A. Section 4904 regarding unsworn falsifications to authorities. LAW OFFICES OT61IN J. RENDEMONTI ND *iv1ONTI, ESQUIRE TTOR IEY FIVR PLAINTIFFS EXHIBIT A Bob Kolar Sheriff SHERIFF'S OFFICE OF CAMBRIA COUNTY Suzann M. Lehmier Solicitor SAMANTHA RENDEMONTI vs. BAUMGARDNER TRANSIT INC. (et al.) Case Number 2014-90005 (2014-246) SHERIFF'S RETURN OF SERVICE 03/04/2014 02:05 PM - DEPUTY JEFF L. RUSSELL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT & NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE SUSAN BAUMGARDNER, WIFE OF OWNER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR BAUMGARDNER TRANSIT INC. AT 698 FRANKSTOWN ROAD, SOUTH FORK, PA 15956. SHERIFF COST $35.00 March 05, 2014 SO ANSWERS, cr—oe BOB KOLAR, SHERIFF PROTHONOTARY Affirmed and subscribed to before me this 5TH day of MARCH 2014 p/piptirfAttortier JOHN J. RElypElt/lOpTI P, 14, REGENCY PLAZA, p4py, 440...$,. FA .19342_ (c)CountySuite Sneriff. Telepsott, Inc. EXHIBIT B SHERIFF'S RETURN - REGULAR CASE NO: 2014 -00246 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Bedford SAMANTHA & JOSEPH RENDEMONTI VS KENNETH HARTUNG Charwin Reichelderfer , Sheriff of Bedford County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon HARTUNG KENNETH the DEFENDANT , at 0918:00 Hour, on the 5th day of March ,.2014 at 357 MILL RIDGE ROAD EVERETT, PA 15537 by handing to LISA HARTUNG, SPOUSE AT THE BEDFORD SHERIFFS OFFICE a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof. Additional Comments SERVICE WAS EFFECUATED AT THE BEDFORD COUNTY SHERIFFS OFFICE 200 SOUTH JULIANA STREET BEDFORD THROUGH THIRD PARTY ACCEPTANCE TO LISA HARTUNG, SPOUSE OF KENNETH HARTUNG. SERVICE WAS COMPLETED. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 . 00 . 00* Paid on 00 /00 /0000... By Sworn and Subscribed to before me this ✓ day of /4- ENNSYLVANIA NOTARIAL EAL Kimberly Sue Weyant, Notary Public Bedford Boro, Bedford County Sheriff of Bedford County PHONE 814-623-2910 SHERIFF'S OFFICE FAX 814-623-2940 COUNTY OF BEDFORD PENNSYLVANIA OFFICE OF CHARWIN RE1CHELDERFER • SHERIFF 200 SOUTH JULIANA STREET BEDFORD, PENNSYLVANIA 15522 Plaintiff VS 111-. 1 1.. . pi( Re PA i 553r1 Defendant and Address Acceptance of Service DIANE NELSON Real Estate Deputy KIM WEYANT Secretary No. A4t-P. r 01- \A ri , accept service of the Pc on behalf of authorized to do so. flt,ic.and certify that I am Signature & R&at6nship t Defendant Date IN,THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil v. PRAECIPE FOR APPEARANCE BAUMGARDNER TRANSIT, INC. and (Jury Trial Demanded) KENNETH HARTUNG, Defendant. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. ID. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 # 20474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil V. (Jury Trial Demanded) BAUMGARDNER TRANSIT, INC. and KENNETH HARTUNG, Defendant, PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeet, P.C., on behalf of the Defendants, Baumgardner Transit, Inc. and Kenneth Hartung, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, cDONNELL, HUDOCK & GUTHR P.C. By: Kevin D. auch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 31st day of March, 2014. John J. Rendemonti, Esquire John J. Rendemonti, RC. 14 Regency Plaza Glen Mills, PA 19342 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUT RI P.C. By: ID Kevin D. Rauch, Esquire Counsel for Defendants -Of FLUE Of TIE PRO TRURO TAR PIAPR 71 PH 17 CUMBERL AND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil v. PRELIMINARY OBJECTIONS BAUMGARDNER TRANSIT, INC. and (Jury Trial Demanded) KENNETH HARTUNG, Defendant. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #20474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil V. (Jury Trial Demanded) BAUMGARDNER TRANSIT, INC. and KENNETH HARTUNG, Defendant. PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Kenneth Hartung, by and through his counsel, SUMMERS, MCDONNELL, HUDOCK & GUTHRIE, RC., and Kevin D. Rauch, Esquire, and files the following Preliminary Objections to Plaintiffs' Complaint: 1. This accident arises out of an automobile accident that occurred on January 12, 2012. 2. The Plaintiffs filed their Complaint on January 10, 2014. 3. Before service of the Complaint on March 05, 2014, Mr. Hartung died of causes unrelated to the subject accident on February 8, 2014. 4. Pennsylvania Rules of Civil Procedure provide that Preliminary Objections may be filed challenging service of the Complaint. Pa.R.C.P. 1028 (a)(1). 5. The Defendant has failed to effect proper service on the Defendant Kenneth Hartung. 6. The Plaintiff attempted to serve original process on the Defendant's widow, Lisa Hartung, on March 5, 2014. (A true and correct copy of the Sherriff's Return of Service is attached hereto as Exhibit "A") 7. The attempted service on March 5, 2014 was invalid since Defendant Kenneth Harding was deceased. (A true and correct copy of Mr. Hartung's obituary is attached hereto as Exhibit "B".) 8. It is well established in Pennsylvania that a deceased person cannot be a party to an action. See Thompson v. Peck, 320 Pa. 27 (Pa. 1935); Ehrhardt v. Costello, 437 Pa. 556 (Pa. 1970); Schor v. Becker, 437 Pa. 409 (1970); Valentin v. Cartegena, 375 Pa. Super. 493 (Pa. Super 1988); 9. Defendant Kenneth Hartung, has not been properly joined as a party to this action since he was deceased before personal jurisdiction was obtained over him. WHEREFORE, Defendant, Kenneth Hartung, respectfully request this Honorable Court to dismiss Plaintiff's Complaint against him for lack of proper service pursuant to Pa. R.C. P. 1028(a)(1). Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: evin D. Rauch, Esquire Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, v. BAUMGARDNER TRANSIT, INC. and KENNETH HARTUNG, Defendant. AND NOW, this NO. 14-246 Civil (Jury Trial Demanded) ORDER day of , 2014, it is hereby ORDERED, ADJUDGED, AND DECREED that the Pre i inary Objections of Defendant, Kenneth Hartung, are sustained. BY THE COURT: Distribution List: Kevin D. Rauch, Summers, McDonnell, Hudock & Guthrie, 945 East Park Drive, Suite 201, Harrisburg, PA, 17111 John J. Rendemonti, P.C., Esquire, 14 Regency Plaza, Glen Mills, PA 19342 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 31 st day of March, 2014. John J. Rendemonti, Esquire John J. Rendemonti, P.C. 14 Regency Plaza Glen Mills, PA 19342 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRI P.C. By: evin D. Rauch, Esquire Counsel for Defendants John J. Rendemonti, P.C. John J. Rendemonti, I.D. 37722 14 Regency Plaza Glen Mills, PA 19342 610-358-6000 ATTORNEY FOR PLAINTIFFS SAMANTHA RENDEMONTI AND JOSEPH RENDEMONTI PLAINTIFFS V. BAUMGARDNER TRANSIT, INC. DEFENDANT KENNETH HARTUNG DEFENDANT TO THE PROTHONOTARY: action. 0.Q 4Lc.) gol4 eu.viLvtliae)ctiye 442PitTL._. COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO.: ill—A (4, PRAECIPE TO REINSTATE A COMPLAINT Kindly reinstate the attached Complaint in Civil Action filed in the above captioned $11,15 PO i(q65 soitaqs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil v. BAUMGARDNER TRANSIT, INC. and KENNETH HARTUNG, Defendant. #20474 PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901 -5916 Cri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14 -246 Civil v. (Jury Trial Demanded) BAUMGARDNER TRANSIT, INC. and KENNETH HARTUNG, Defendant. PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO: THE PROTHONOTARY Kindly withdraw our Preliminary Objections on behalf of the Defendant, Baumgardner Transit, Inc. and Kenneth Hartung, in the above case. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants tr CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 25th day of April, 2014. John J. Rendemonti, Esquire John J. Rendemonti, P.C. 14 Regency Plaza Glen Mills, PA 19342 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants OF -'ui f i� i I H. Pt' i T ONO TAR .1 20I4 JUN -6 PM 1 39 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil BAUMGARDNER TRANSIT, INC. and KENNETH HARTUNG, Defendant. #20474 NOTICE OF DEATH OF A PARTY (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 IN THE,,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA RENDEMONTI and JOSEPH CIVIL DIVISION RENDEMONTI, Plaintiffs, NO. 14-246 Civil (Jury Trial Demanded) BAUMGARDNER TRANSIT, INC. and KENNETH;HARTUNG, Defendant. NOTICE OF DEATH OF A PARTY [f TO: PROTHONOTARY The death of Kenneth Hartung, a party to the above action, during the pendency of this action is noted upon the record. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: evin D. Rauc, Esquire Counsel for the Deceased Party CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEATH OF A PARTY has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 5th day of June, 2014. John J. Rendemonti, Esquire John J. Rendemonti, P.C. 14 Regency Plaza Glen Mills, PA 19342 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: evin D. Rauch, squire Counsel for Defendants