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Home My WebLink About14-4415 r } Supreme Co sylvania Court o ohm o Pleas For.Pioihono[arY Cavi Ver County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Co encement of Action: f='° EComplaint ❑ Writ of Summons ❑ Petition r � ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking ` Lead Plaintiff Name- Lea Defendant's Name C114ty-NI cA*tvck� �ev_\1110? wKpLia L!�t/vIF Dollar Amount Requested: 034ithm arbitration limits I Are money damages requested? 0"Yes ❑ No (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑Yes No Is this an MDJAppear O Yes ly No E A.. Name of Plaintiff/Appellant's Attorney: Y''�16 e �j t '— • . ❑ Check here if you have no attorney(area Self-Represented[Pro Sed Litigant) a.a:'Nature of.the•Case:; :Placeian"X';�to the leftof the ONE case.catggory.-tha�`mast aoctuatelytdescnbes'yoiir:r• - r - - �'" *�::• RrS:f' "ansx.• .S.S'.;3'/•M;":- ;+='s�'�: . PR1M.�72Y CASE-If you are making more tlianne typeof claim,check tlie,one.tliat �•r'*�„ `+i f 'r. .p�3:'�.�,;:^' '.'r2+- i..ri..P,•7 . r — - ,ydx icgslderinost,,important.. ' ,� si„YOi.�i•: •;• ..',� =, a tntw• k ,• .. .�..�"";el .rJ•J„ #,"t -'�.•:.4'-'. . TORT(do not include Mass Tort) CONTRACT(do nw include Judgments) CIVIL APPEALS ,: v ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑/ivlalicious Prosecution 13 Debt Collection:Credit Card E3 Board of Assessment 1!9'Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ' ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other -►� ❑ Product Liability(does not include 13 Employment Dispute: mass tori) Discrimination ❑ Slander/Libel/Defamation ►..C_ 13 Other: ❑ Employment Dispute:Other ❑ Zoning Board _.I. . ❑ Other: ❑ Other. -� MASS TORT ❑ Asbestos N4 ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration j•=.�' ❑ Other t ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment a; ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other• ❑ Medical ❑ Other: ❑ Other Professional: V1, Updated 11M01 { Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, INC., 362 South Front Street Steelton, PA 17113 Z plaintiff No.V. ARMANDO ARARAT 90 Moore Street : rn Center Falls, RI 02863 and r-z '�cs -° C:)-11DOMINION ENERGY v C--) M z F 40 Point Street v Providence, RI 02903 CIVIL ACTION - LAW defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE 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 OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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. l�3• ?-s-P� f� 0`--303 3 0?to r Mid Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 243-9400 (800) 822-5288 Joseph I Sucec, Esq. Attorney for Plaintiff 325 Peach Glen-Idaville Road Gardners,PA 17324 717-315-2359 joesucec@gmail.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, INC., 362 South Front Street Steelton, PA 17113 plaintiff No. V. ARMANDO ARARAT 90 Moore Street Center Falls, RI 02863 and DOMINION ENERGY 40 Point Street Providence, RI 02903 CIVIL ACTION - LAW defendants JURY TRIAL DEMANDED COMPLAINT Capital City Cab Service, Inc,. through their attorney Joseph T. Sucec,Esq., hereby files this Complaint in negligence, averring the following: 1. At approximately 1040 p.m., on October 7, 2012, a white 1990 Freightliner Tractor- Trailer, VIN# 1GDJK34N8LE522884, registered to Defendant Dominion Energy (Dominion) and driven by Defendant Armando Ararat (Ararat), struck a white 2007 Dodge Caravan, Pa. license plate TX47018, registered to Plaintiff Capital City Cab Service (Plaintiff) while attempting to change lanes on Interstate 81 southbound in Hampden Township, Cumberland County, immediately south of said Interstate's interchange with Interstate 581. Defendant's vehicle struck Plaintiffs vehicle, which was legally placed in its lane at the time, directly in the rear, causing considerable damage. 2. Ararat was negligent in: a. Driving recklessly and without control of his vehicle. b. Driving in excess of the 65 (sixty-five) mph speed limit posted for Interstate 81 at the point of contact, as well as in excess of that speed which is adequate for the conditions presented. c. Failing to apply the brakes on his vehicle in time to avoid colliding with Plaintiffs vehicle. 3 Ararat's negligence was both the direct and proximate cause of the accident. 4 Subsequent to settled Pennsylvania law, Dominion is vicariously liable for Ararat's negligence, as he was acting in the scope of at least his direct contractual arrangement with Dominion. 5. As a result of the accident, Plaintiffs vehicle sustained damage rendering it a total loss. 6. Because Plaintiffs vehicle was used for commercial purposes, Plaintiffs loss in the accident amounted to the replacement cost of the vehicle, which is $5,500 7. In addition, Plaintiff sustained additional losses for the vehicle, including: a. Loss of income at $55/12 hour shift for 21 days, until Plaintiffs loss could be reasonably mitigated by acquiring a replacement vehicle. Total: $2,310 b. Storage for the vehicle for a reasonable period in anticipation of litigation at $15/day for 90 days. Total: $1.350 c. Transferral of equipment (such as radios and meters) and lettering. Total $1,150 d. Registration costs for replacement vehicle. Total $57 e. Towing of the damaged vehicle to Capital City headquarters in Steelton, PA Total: $70 8. The entirety of the damages listed in paragraphs 6 and 7 of this Complaint are as the result of Defendant's negligence. WHEREFORE, Plaintiff Capital City Cab Service respectfully requests that Defendants Armando Ararat and Dominion Energy be held joint and severally liable for Plaintiffs damages, which total $10,937, and whatever ever additional monies that this Court sees fit to assess. Y Respectfully submitted, Date: � '6 l kgm�i� o e h T. Sucec, Esq. (PA74482) VERIFICATION As the Defendant in the above-stated matter, I hereby verify that the facts stated in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. CS 4904, regarding unsworn falsification to authorities. Date: / IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, INC., 362 South Front Street Steelton, PA 17113 plaintiff No. V. ARMANDOARARAT 90 Moore Street Center Falls, RI 02863 and DOMINION ENERGY 40 Point Street Providence, RI 02903 CIVIL ACTION - LAW defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the date listed below, I served a true and correct copy of the COMPLAINT in this matter, in a manner compliant with the Pennsylvania Rules of Civil Procedure, on the following: ARMANDO ARARAT 90 Moore Street Center Falls, RI 02863 and DOMINION ENERGY 40 Point Street Providence, RI 02903 Date: Z�2 Joseph T. Sucec, Esq. Attorney for Plaintiff 325 Peach Glen-Idaville Road Gardners, PA 17324 717-315-2359 joesucec@gmail.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, INC., 362 South Front Street • Steelton, PA 17113 plaintiff v. ARMANDO ARARAT 90 Moore Street Center Falls, RI 02863 and CARDINAL LOGISTICS 5333 Davidson Hwy Concord, NC 28027 CIVIL ACTION - LAW defendants JURY TRIAL DEMANDED PRUf-S;No TA 2014 SEP 19 P11 2: 55 CUMBERLAND COUNTY PENNS YLVA'1IA AMENDED COMPLAINT Capital City Cab Service, Inc,. through their attorney Joseph T. Sucec, Esq., hereby files this Complaint in negligence, averring the following: 1. At approximately 1040 p.m., on October 7, 2012, a white 1990 Freightliner Tractor - Trailer, VIN # 1GDJK34N8LE522884, registered to Defendant Cardinal Logistics (Cardinal) and driven by Defendant Armando Ararat (Ararat), struck a white 2007 Dodge Caravan, Pa. license plate TX47018, registered to Plaintiff Capital City Cab Service (Plaintiff) while attempting to change lanes on Interstate 81 southbound in Hampden Township, Cumberland County, immediately south of said Interstate's interchange with Interstate 581. Defendant's vehicle struck Plaintiffs vehicle, which was legally placed in its lane at the time, directly in the rear, causing considerable damage. 2. Ararat was negligent in: a. Driving recklessly and without control of his vehicle. b. Driving in excess of the 65 (sixty-five) mph speed limit posted for Interstate 81 at the point of contact, as well as in excess of that speed which is adequate for the conditions presented. c. Failing to apply the brakes on his vehicle in time to avoid colliding with Plaintiffs vehicle. 3` Ararat's negligence was both the direct and proximate cause of the accident. 4 Subsequent to settled Pennsylvania law, Cardinal is vicariously liable for Ararat's negligence, as he was acting in the scope of at least his direct contractual arrangement with Dominion. 5. As a result of the accident, Plaintiffs vehicle sustained damage rendering it a total loss. 6. Because Plaintiffs vehicle was used for commercial purposes, Plaintiffs loss in the accident amounted to the replacement cost of the vehicle, which is $5,500 7. In addition, Plaintiff sustained additional losses for the vehicle, including: a. Loss of income at $55/12 hour shift for 21 days, until Plaintiffs loss could be reasonably mitigated by acquiring a replacement vehicle. Total: $2,310 b. Storage for the vehicle for a reasonable period in anticipation of litigation at $15/day for 90 days. Total: $1.350 c. Transferral of equipment (such as radios and meters) and lettering. Total $1,150 d. Registration costs for replacement vehicle. Total $57 e. Towing of the damaged vehicle to Capital City headquarters in Steelton, PA Total: $70 8. The entirety of the damages listed in paragraphs 6 and 7 of this Complaint are as the result of Defendant's negligence. WHEREFORE, Plaintiff Capital City Cab Service respectfully requests that Defendants Armando Ararat and Cardinal Logistics be held joint and severally liable for Plaintiffs damages, which total $10,937, and whatever ever additional monies that this Court sees fit to assess. Date: CYr Respectfully submitted, Josep T. Sucec, Esq. (PA74482) VERIFICATION As the Defendant in the above -stated matter, I hereby verify that the facts stated in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. CS 4904, regarding unsworn falsification to authorities. Date: G f Ay IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, INC., 362 South Front Street Steelton, PA 17113 plaintiff v. ARMANDO ARARAT 90 Moore Street Center Falls, RI 02863 and Cardinal Logistics 5333 Davidson Hwy Concord, NC 28027 defendants No)-a1y41,/i15 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the date listed below, I served a true and correct copy of the AMENDED COMPLAINT in this matter, in a manner compliant with the Pennsylvania Rules of Civil Procedure, on the following: ARMANDO ARARAT 90 Moore Street Center Falls, RI 02863 and Cardinal Logistics 5333 Davidson Hwy Concord, NC 28027 Date: C1/41r��