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Home My WebLink About14-3421 `uui t ui rennsylvania Court' COm o'bn Pleas C'V COV.+rt SSI For Prothonotary Use Only; { Docket No: Cumberland i . t, County The information collected on this form is used solely for court administration purposes. This form clues not si(pplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons E3 Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Rosalind Sugarmann Carlos Bahamundi-Bernard 1 ❑ Check here if you are a Self-Represented (Pro Se) Litigant 0 Name of Plaintifr/Appellant's Attorney: Edward J. Balzarini, Jr. , Esq. N Are money damages requested? ; IM Yes ❑ No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits A Is this a Class Action Suit? D Yes ® No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY GSE. if you are snaking more than one type of claim,check the one that you consider most important 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 S ❑ Product Liability(does not include ❑ Statutory Appeal:Outer mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other Judicial Appeals ❑ MD) -Landlord/Tenant I ❑ Other: ❑ MDJ -Money Judgment Q MASS TORT ❑ Other ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES _ ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ �' ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROF'ESSIO'NAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: 'a R C P. 205.5 2/7010 "b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND SUGARMANN and CIVIL DIVISION ANTHONY SUGARMANN, - '3 O I 1/ No. Plaintiffs, COMPLAINT Vs. Filed on Behalf of CARLOS BAHAMUNDI-BERNARD, Plaintiffs Defendant. Counsel of Record for This Party: Edward J. Balzarini, Jr. , Esq. Pa. I.D. #34320 Firm No. 013 BALZARINI & WATSON 3303 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412 ) 471-1200 (phone) (412 ) 471-8326 (fax) �ti �J 01 IN THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY, PENNSYLVANIA ROSALIND SUGARMANN and CIVIL DIVISION ANTHONY SUGARMANN, NO. Plaintiffs, COMPLAINT VS. JURY TRIAL DEMANDED CARLOS BAHAMUNDI-BERNARD, 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 and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION..........................................717-249-3166 32 BEDFORD ST. , CARLISLE, PA 17013.......................................800-990-9108 COMPLAINT AND NOW, come the plaintiffs, Rosalind Sugarmann and Anthony Sugarmann, by their undersigned attorneys, Edward J. Balzarini, Jr. and Balzarini & Watson, and complain against the defendant, Carlos Bahamundi-Bernard, as follows: COUNT I ROSALIND SUGARMANN vs. CARLOS BAHAMUNDI-BERNARD 1. The plaintiff, Rosalind Sugarmann, is an individual who at all times relevant hereto resided at 3922 Ash Drive, Allison Park, Allegheny County, Pennsylvania 15101. 2 . The plaintiff, Anthony Sugarmann, is an individual who at all times relevant hereto resided at 118 Bigham Street, Pittsburgh, Allegheny County, Pennsylvania 15211 . 3. The defendant, Carlos Bahamundi-Bernard, is an individual who at all times relevant hereto resided at 5030 Whitaker Avenue, Philadelphia, Philadelphia County, Pennsylvania 19124 . 4 . At all times relevant hereto, the defendant, Carlos Behamundi-Bernard, was the operator of a 2005 Chevrolet Colorado truck, which is hereinafter referred to as the defendant ' s vehicle. 5 . At all times relevant hereto, the plaintiff, Anthony Sugarmann, was the owner of a 2008 Ford Explorer, which is hereinafter referred to as the plaintiff ' s vehicle. 6 . At all times relevant hereto, the plaintiff, Rosalind Sugarmann, was the operator of the above-described plaintiff ' s vehicle. 7 . At all times relevant hereto, the plaintiff, Anthony Sugarmann, was a passenger in the above-described plaintiff ' s vehicle. 8. The collision complained of occurred on August 31, 2012 at approximately 1 : 15 a.m. on the Pennsylvania Turnpike eastbound, West Pennsboro Township, Cumberland County, Pennsylvania. 9. On the above-mentioned date and at the above- mentioned place, the plaintiff ' s vehicle was lawfully and carefully being operated in an eastbound direction on the Pennsylvania Turnpike within a construction work zone, when the defendant, Carlos Bahamundi-Bernard, operating the defendant ' s vehicle in an easterly direction on the turnpike, so negligently, carelessly and recklessly operated the defendant ' s vehicle so as to cause it to 2 collide into the rear of the plaintiff ' s vehicle, thereby causing the hereinafter described injuries and damages. 10 . The collision described above and the resulting injuries and damages were a direct result of the recklessness, negligence and carelessness of the defendant, Carlos Bahamundi-Bernard, as follows: a. In operating the vehicle at a high, dangerous and reckless speed under the circumstances; b. In failing to sound a horn or give other warning of the approach of the vehicle; C. In failing to properly inspect the vehicle to determine any mechanical defects; d. In failing to maintain the vehicle in a proper mechanical condition; e. In failing to operate the brakes in such a manner so that the vehicle could be stopped before colliding with the plaintiff ' s vehicle; f. In failing to have the vehicle under proper control; g. In continuing to operate the vehicle in a direction towards the plaintiff when its operator saw or in the exer- cise of reasonable diligence should have seen that further operation in that direction would result in a collision; h. In that the driver was inattentive and failed to maintain a sharp lookout of the road and the condition of traffic surrounding him; 3 i. In operating the vehicle without due regard to the rights, safety and position of the plaintiff herein at the point aforesaid; j . In failing to drive around the plain- tiff ' s vehicle instead of colliding with it; k. In violating the various ordinances of the Township of West Pennsboro and the statutes of the Commonwealth of Pennsylvania relating to the operation of motor vehicles on public thoroughfares under the circumstances. 11. It is further averred that at the time of the above-described collision, the defendant, Carlos Bahamundi- Bernard, was intoxicated by alcohol. 12 . It is further averred that on the date and at the location complained of, the defendant, Carlos Bahamundi- Bernard, while intoxicated by alcohol, recklessly and/or intentionally drove his vehicle into a construction work zone at a speed at or in excess of 70 miles an hour, which conduct constitutes conduct which is grossly negligent, reckless and/or willful. 13 . As a result of the above-described collision, the plaintiff, Rosalind Sugarmann, sustained the following injuries, all of which are or may be of a serious and permanent nature: a. Injury and damage to the nerves, joints, intervertebral discs, blood vessels and 4 surrounding soft tissue and ligaments of the cervical spine; b. Injury and damage to the nerves, joints, intervertebral discs, blood vessels and surrounding soft tissue and ligaments of the lumbosacral spine; C. Right hip/groin trauma with aggravation of preexisting osteoarthritis of the right hip; d. Post-traumatic stress disorder; e. Other serious and permanent injuries . 14 . As the result of the above-described collision, the plaintiff, Rosalind Sugarmann, has sustained the following damages: a. She has suffered and will suffer great pain, suffering, inconvenience, embarrassment and mental anguish; b. She has been and will be required to expend large sums of money for medical and surgical attention, hospitalization, medical supplies, surgical appliances, medicines and attendant services; C. Her general health, strength and vitality have been impaired; d. She has been unable to enjoy the ordinary pleasures of life. WHEREFORE, the plaintiff, Rosalind Sugarmann, claims compensatory and punitive damages of the defendant, Carlos Bahamundi-Bernard, in a sum in excess of FIFTY THOUSAND ( $50,000 . 00 ) DOLLARS. 5 COUNT II ANTHONY SUGARMANN vs. CARLOS BAHAMUNDI-BERNARD 15. The plaintiff, Anthony Sugarmann, incorporates paragraphs 1 through 12 with the same force and effect as though set. forth at length herein. 16 . As a result of the above-described collision, the plaintiff, Anthony Sugarmann, has sustained the following injuries, all of which are or may be of a serious and permanent nature: a. Injury and damage to the nerves, joints, intervertebral discs, blood vessels and surrounding soft tissue and ligaments of the lumbosacral spine; b. Trauma - right shoulder; C. Other serious and permanent injuries . 17 . Solely as the result of the aforesaid injuries, the plaintiff, Anthony Sugarmann, has sustained the following damages: a. He has suffered and will suffer great pain, suffering, inconvenience, embarrassment and mental anguish; b. He has been and will be required to expend large sums of money for medical and surgical attention, hospitalization, medical supplies, surgical appliances, medicines and attendant services; C. He has been and will be deprived of his earnings; 6 d. His earning capacity has been reduced and permanently impaired; e. His general health, strength and vitality have been impaired; f. He has been unable to enjoy the ordinary pleasures of life. WHEREFORE, the plaintiff, Anthony Sugarmann, claims compensatory and punitive damages of the defendant, Carlos Bahamundi-Bernard, in a sum in excess of FIFTY THOUSAND ( $50,000 . 00 ) DOLLARS. JURY TRIAL DEMANDED. BALZARINI & WATSON l BY Attorney laintiffs 7 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared Rosalind Sugarmann, who, being first duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. X Rosalind 1Uigarmann SWORN TO AND SUBSCRIBED Before me this ,�15 day of 2014. oe-ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Annette Hallo,Notary Public City of Pittsburgh,Allegheny County My Commission Expires]an.14,2017 MEMBER,PENNSYLVANI4 ASSOCIATION OF NOTARIES AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared Anthony Sugarmann, who, being first duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. X Ant Sugarmann SWORN TO AND SUBSCRIBED Before me this yY day of � � 2014-1. d Aot`ars:,publis COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~ Annette Hallo,Notary Public aty of Pittsburgh,Allegheny County My Commission Expires]an.14,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,01 a1 lrirther.t Jody S Smith Chief Deputy _x� �,�`{ ! v Richard W Stewart 'tU Solicitor PENN'S` :Milli:, Rosalind Sugarmann vs. Case Number Carlos Omar Bahamundi-Bernard 2014-3421 SHERIFF'S RETURN OF SERVICE 06/09/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Carlos Omar Bahamundi-Bernard, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Philadelphia, Pennsylvania to serve the within Complaint&Notice according to law. 07/14/2014 The requested Complaint& Notice returned by the Sheriff of Philadelphia County, the within named Defendant Carlos Omar Bahamundi-Bernard, not found. Jewell Williams, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, July 14, 2014 RONNTY ANDERSON, SHERIFF • ;curt Suit'63,337`,Trh osv.. !cc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 0%,01,,, C.Ir r sg,1 44. Sheriff Jody S Smith Richard W Stewart Chief Deputy Dr- r Fkigg, Solicitor Rosalind Sugarmann vs. Case Number Carlos Omar Bahamundi-Bernard 2014-3421 SERVICE COVER SHEET O N c Service Details: It?) Category: Civil Action -Complaint& Notice Zone: Manner: Deputize Expires Warrant: Lu Notes: N r 01 a z Serve To: Final Servic , w Name: Carlos Omar Bahamundi-Bernard Served: Personally • Adult In Charge • Posted • Other 0 < Primary 5030 Whitaker Avenue Adult In Address: Philadelphia, PA 19124 Charge: ul Phone: 610-726-4994 DOB: 12/30/1977 Relation: z > Alternate Date: Time: < Address: Lu Phone: Deputy: Mileage: 3 Attorney/Originator: Name: Balzarini &Watson Phone: 412-471-1200 M O N Service Attempts Date: z, Time: El MI= e? Mileage: N Deputy: MEM Notes/Special instructions: _ = ' v p,r►SVvsett- - t,,I/„r\Ec'' R"- V �. . l S -��,�g ry c, '17/111u yr 04 m Now, June 09, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Philadelphia County to z execute service of the documents herewith and make return thereof according to law. aReturn To: = Cumberland County Sheriffs Office m One Courthouse Square Carlisle, PA 17013 Ronny R Anderson, Sheriff CUMBERLAND ACIDEGINEMT COUNTY SHERIFF'S DEPARTMENT �.) v ~w*��+� �te Sheriff Chief Deputy PLAINTIFF: ROSALIND SD[ARM&NN and. A0TB[NY SU{ARMxvN CASEM VSEXPIRES: � � • � ] SUMMONS/PRAECIPE DEFT: CARLOS B&8JQMJ0DI~BERN&8D ] SEIZURE OR POSSESSION DEFT.: 3 NOTICE AND COMPLAINT DEFT.: 3 REVIVAL OR SCI FA GARNISHEE:- 3 INTERROGATORIES ADDRESS: 5030 Whitaker Avenue, Philadelphia, Philadelphia ] EXECUTION,LEVY ORGARNISHEE ] OTHER Comfy/ PA 19124 MUNICIPALITY OR CITY WARD: ATTY: Edward J. Balzarini, Jr., Esq. DATE: 06^03 20 14 ADDRESS: 310 Grant Street/ Suite 3303 ATTY'S PHONE: 412~471~1200 Pittsburgh, PA 15219 INDICATE TYPE OF SERVICE: 3 PERSONAL 3 PERSON IN CHARGE 3oEpuT|zs MAIL POSTED 3 OTHER 3 LEVY SEIZED & STORED NOW: 20 I,SHERIFF OF ALLEGHENY COUNTY PA do hereby deputize the Sheriff of Philadelphia County to execute this Wriarid make return thereofaccording to law . NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B.WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found ri possession,afterafter notifying person of levy or attachment. wilt-i out liability on the part of such deputy herein for-any loss,destruction or removal of any such property before sheriff's sale therot. ' Seize,levy,advertise and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY hearby CERTIFY and RETURN that on the day of 20 , at o'c|ock.A.yN1pk8. Address Above/Address Belbw, County of Allegheny, Pennsylvania / have served in the manner Described below: 3 Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Name& Relationship ]Adult in charge of Defendant's residence who refused to give name or relationship. ] Manager/other person authorized to accept deliveries of United States Mail Agent or person in charge of Defendant(s) office or usual place of business. ] Other 0 Property Posted • )efendant not found because: 0 Moved ]Unknmmn ]NoAnswer ]Vacant Other 1 Certified Mail ]Receipt ] Envelope Returned 3 Neither receipt or envelope retuned:writ expired l Regular Mail Why (ou arhereby notified that on , , levy was made in the case of ossession/Sale has been set for . 20 at o'clock YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8,30^ 9:30 A.M. \TTEMPTS \dditiono|Costs Due S .This is PETER R. DEFAZIO, Sheriff ilaced on writ when returned to Prothonotary. Please check BY: efore satisfying case. (DEPUTY) ffirmed and subscribed before me DISTRICT: his day of 20 White Copy -Sheriff Pink Copy Attorney