Loading...
HomeMy WebLinkAbout05-4493 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA KIMBERLY GIDNEY, Plaintiff 2005 - 'i qlj 3 c..A J~ Civil Action - Law v. GAVINDIAand DINITA KIMBLE, 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 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 LA WYERA T 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, P A 17013 Phone: (717) 249-3166 (800) 990-9108 c) < // . "~,., .-/ .,- ...... v. t- L-PU_) /arl E. Rominger, ESqU;;:;- Attorney I.D. No. 81924 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717)241-6070 Fax: (717) 241-6878 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY GIBNEY, Plaintiff 2005 _ L/ Lj '13 (!;,;.) -r 4- Civil Action - Law v. GAVIN DIA and DINITA KIMBLE, Defendants Jury Trial Demanded COMPLAINT AND NOW, this 17'" Day of August, 2005, comes the Plaintiff, Kimberly Gibney, through her counsel, ROMINGER, BAYLEY & WHARE, and respectfully files the following Complaint, and in support thereof avers the following: I. Plaintiff, Kimberly Gibney, is an adult individual residing at 2 Russian Olive Drive, Etters, Cumberland County, Pennsylvania 17319. 2. Defendant, Gavin Dia, is an adult individual residing 35 Marion Street, Buffalo, New York 14207. 3. Defendant, Dinita Kimble, is an adult individual residing 35 Marion Street, Buffalo, New York 14207. 5. The events hereinafter complained of occurred on or about January 16, 2004, at approximately 4:45 p.m., in Upper Allen Township, Cumberland County, Pennsylvania, at the intersection of Bumble Bee Hollow Road and Weis Market Road. 6. At said time and place, Plaintiff, Kimberly Gibney, was traveling West on Bumble Bee Hollow Road, traveling at the posted speed limit. 7. At said time and place, Defendant, Gavin Dia, was traveling East on the aforementioned road attempted to make a left hand turn onto Weis Market Road. 8. At said time and place, Defendant Gavin Dia failed to observe the Plaintiff's right- of-way and proceeded to turn directly into the Plaintiff's path, thereby causing the accident complained of. 9. Plaintiff's injuries and damages set forth herein were the direct and proximate result of the negligence of Defendant, Gavin Dia, then and there occurring. 10. Defendant, Gavin Dia, was negligent generally and in the following particulars: a. In operating a vehicle in a reckless manner; b. In failing to maintain a proper look-out; c. In failing to have the vehicle he was driving under proper control; d. In operating a motor vehicle in manner which was in violation of the Laws of the Commonwealth of Pennsylvania; e. In striking another vehicle by turning directly into its path; f. In otherwise failing to exercise that regard and care to the rights and safety of Plaintiff required of Defendant under the law; g. In failing to act reasonably under the circumstances; h. In failing to stop before colliding with Plaintiff's vehicle; and 1. In failing to drive so he could stop in an assured, safe and clear distance. II. Defendant, Dinita Kimble was negligent generally and in the following particulars: a. In permitting an unsafe driver to operate her vehicle; b. In permitting her motor vehicle to be operated in a manner which was in violation of the Laws of the Commonwealth of Pennsylvania; c. In otherwise failing to exercise that regard and care to the rights and safety of Plaintiff required of Defendant under the law; and d. In failing to act reasonably under the circumstances; and 12. As a direct and proximate result of the negligence of Defendants, jointly and severally then and there occurring, Plaintiff sustained the following serious and severe injuries, some of which may be permanent: a. Injuries and damages in and about the chest and head; b. Injuries and damages in and about the back and neck; and c. Injuries and damages in and about her left hand; and d. injury and damages to her mouth and teeth. 13. As a result of the injuries aforesaid, Plaintiff has been damaged as follows: a. She has suffered and will continue to suffer great pain, inconvenience, embarrassment, and mental anguish; b. She has been required to expend significant sums of money for automotive repairs; c. She has been deprived of maternal bonding with her five month son, to wit she was unable to continue breast-feeding her child after the accident; and d. She has suffered lost wages and earnings. WHEREFORE, Plaintiffs respectfully request that this Honorable Court find in favor of the Plaintiff and against the Defendants, for an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully submitted, ROMINGER, BAYLEY & WHARE /- /?.,~ ./~ 206J- Karl E. Rominger, Esquire - AttorneyI.D. No. 81924 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY GIBNEY, Plaintiff 2005 - Civil Action - Law v. GAVIN DIA and DINIT A KIMBLE, Defendants Jury Trial Demanded VERIFICATION I, Karl E. Rominger, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. /J .; ( I -) 7j)tJ)~ Date' i ;; / Karl E. Rominger, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY GIBNEY, Plaintiff 2005 - Civil Action - Law v. GAVIN DIA and DINITA KIMBLE, Defendants Jury Trial Demanded VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Date: J?ft-1 Its _rG-. . n, ~h Kimb~l~ ~ ~ ~ ~~ f\ .-. -, &0 ~ ~ ~\ ......, >- c. ~ If \j\ ~ \ :.',,1 .1."( (") c- ..~ -~ ..< ...., ~ C::':1 CJ' ~ 2=~ (,0 o .. _. .. ::;:1 n," /- '" ....::; (l. . , :)~~ fjn"l ; ~:-l :5j .< ~ :r-','~ r'<'l 0'. :';cIFlLESIDAT AfILEIGeneral\CurrentII1868.lpral/n]m Created 10/11/05 I 38PM Revised, ]0/11/05 242PM 118681 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Dinita Kimble KIMBERLY GIBNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-4493 CIVIL ACTION - LAW GAVIN DIA and DINIT A KIMBLE, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter. Defendants hereby demands a twelve juror jury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO Attorneys for Defendants Dated: October II, 2005 CERTIFICATE OF SERVICE I, Nichole 1. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: James L Nelson, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By, ){chHc cA mijf.11- Nichole 1. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October II, 2005 ~ c::1 CJ'" o .: .- -, - U> C) -n .-\ ~........\ fn(~ :31 <) .-<I," _,i' :"\_::::c -.)-\.J '~\"' r~ 1, '::::::\ ''):1 :.4. ~:> t'" cr. ~ F:\.FlLES\DA T AFILE\GeT1erill\CuTTenl\11868. Istipl/nlm Created: ]0/18105 JI:39AM Revised: 10/18/05 IJ:3'iAM 11\168,\ , George B. Faller, Jr., Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Defendant Dinita Kimble KIMBERLY GIBNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-4493 CIVIL ACTION - LAW GAVIN DIA and DINIT A KIMBLE, Defendants JURY TRIAL DEMANDED STIPULATION OF THE PARTIES The parties, by and through their respective attorneys, hereby agree and stipulate as follows: 1. The Defendants agree to admit liability for causing the accident in this matter and there is no comparative negligence on the part ofthe Plaintiff. 2. Plaintiff agrees that their claim does not exceed $50,000. ROMINGER, BAYLEY & WHARE MARTSON DEARDORFF WILLIAMS & OTTO ) /' By Karl E. Rominger, Esquire I.D. Number 81924 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 By George . Faller, Jr., Esqu' e J.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Attorneys for Defendants Date: Oc I- 2.[, 26'oF / ~ , CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Stipulation of the Parties was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO I 1 . By: "f'\ 0 l(l)! n Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 7, 2005 ~ ~ - c~: q, -' --:t.-("', rYtt:., ~~~) '"-:,,'~ ':r.;"" :J;'. q ,,}~\~~::: -,- "'J ~ ...0 f' '>. F:\FILESIDA T AFILEIGenerallCurrent\1 I 8681 ,ansllrnaslnlm Crealed 10/18/05 1139AM Revised I/)Ol062..5IPM 1]8681 George B, Faller, Jr., Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D, No, 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants KIMBERLY GIBNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 2005-4493 CIVIL ACTION - LAW GAVIN DIA and DOOT A KIMBLE, Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, Gavin Dia and Dinita Kimble, by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiffs Complaint as follows: 1. -8, Admitted. 9,-11. Denied pursuant to Pa, RC.P, 1029(e), 12.-13, Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiff s Complaint with prejudice. S & OTTO Date: January 30,2006 By Ge ge B. Faller, Jr., J.D. No, 49813 10 East High Street Carlisle, P A 17013 (717) 243,3341 Attorneys for Defendants t,. ... VERIFICATION The foregoing Answer is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own, We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties, Gavin Dia //t;.0 / , Dinita Kimbie /It,~\ , , F\FllES\OAT AFILE\G1:lltf\>l\Current\111l6111ansl , CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendants' Answer to Plaintiff s Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl E, Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, P A 17013 MARTSON DEARDORFF\\WILLIAMS & OTTO By;' C;' (-oLkh. Melissa A. Scholly Ten East High Street Carlisle, P A 17013 (717) 243-3341 \, Dated: January 30,2006 (") c; l ,..." = = C.r'" .." rrl co I --'"' :..--: ~ ~:D ;:'11;-:: '-0 \<"1 ::1).9 "'~Ci ..;~ -;1 ~(=5 LSfn :~ rb :< C!? ("J o~ KIMBERLY GIBNEY, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO'llNTY, PENNSYLVANIA GAVIN DIA and DINITA KIMBLE, Defendants. NO. 2005-4493 CNIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the follOwing fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO TItE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire , counsel for the~/defendant in the above action (or actions), respectfully represents tbat: I. The above-captioned action (or actions) is (are) at issue. 2. TheclaimoftbepJaintiffin the action is$ not in excess of.$35,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor ace otherwise disqualified to sit as llrbitrato~ Karl E. Rominger, Esquire, Rominger, Bayley & Whare, 155 South Hanover Street, JY11~t701~A George B. Faller, Jr., Esquire, Martson Deardorff Williams & Otto, C l~sl PA 17013 ' WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to w'j,~Jffieec'ase shall be submitted. 'J Esquire / ~UI , ~ rge . Fal ORDER OF COURT Counsel for Def AND NOW, , 19_, in consideration of tbe Esq,. , Esq., are appointed arbitrators in the above captioned action (or foregoing petition, Esq., and actions) as prayed for. By the Court, P,J, 0 ~ .;\ ~ (' ,~ jt:- \> C> '- ---- ~ --j, r- C9 ---- ~ ...... Cr- () f? 0- .1:' II" '~/ ,-' .~"~,-,' . KIMBERLY GIBNEY, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBE.RLAND COUNTY, PENNSYLVANIA v. NO. 2005-4493 CIVIL GAVIN DIA and DINITA KIMBLE, Defendants. RULE 1312.-1. The Petition for Appointment of Arbitrators shall be sUbstantially in the fOllowing fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire ,counsel for theljlri'il1l1lf/defendant in the above action (or IICHons). respectfully represents that: 1. The above.captioned action (or actions) is (are) at issue. 2. Thec1aim ofthe plaintiff in the action is $ not in excess of. $35,000.00 The counterclaim of the defendant in the action i. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as Ill"bitrators~ Karl E. Rominger, Esquire, Rominger, Bayley & Whare, 155 South Hanover Street, arll"t701~A George B. Faller, Jr., Esquire, Martson Deardorff Williams & Otto, ~u i~s~ ~1~~ i~ol~t, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to w\~~N\~eca.se shall be submitted. ~" ul I , I rge' . Fal ORDER OF COURT Counsel for Def n Esquire I /C(J(; AND NOv.;, ) ia U' I f 't' , W _, in consideration of the ." ,-11. "I! [, " '\.: / I foregoingpetition.\,Uili7l-c( 7:), [(['{X-\ Esq" ,,")i.('Ild.1.{'( ~/ /C<.tV't'I;)/i. Esq.. and ' J j f-l<. J/.t.,,j' tJtl..AfCVi , Esq.. are appointed arbitrators in tbe above captioned action (or actions) as prayed for. / / '/ 62~'" By h OU, / " v \ \s'L"'1k~ PJ, '. ~ 1 " t<: , ,'-' ;;.;. i .'. _~ :: I.L (:) ~ - I ?0 ('. ,Vi 1l jl () C> ....... '- ~ ~ r- ()l '- ~ : " &.. C> ~ \.... 0' ~ 'I, ) ~s 4 k'(\MBER.L~ 6(61-.."112'-( Plaintiff In The Court of Common Pleas of Cumberland COWlty, Pennsylvania No.WtlS: 'f-~ '$ G-MhN Dl A llJ\A& tllN\\A- KI'#(\~L.€" Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~8~~k-Q~ Signature Name {l";l.k,.J L.\.-v-~h~r Jr. J Signature f1Jt.I/~r:J'" Name ,.,,- S. ~.D~G&. Signature ~(.)F[,,~Q~ 8, f\t?RUJ Name (Chairman) ABELN ~ a-mCl:::-\ Law Firm Wt-,,/< (, ~("/.c...~kf'. Pc. Law Fmn '~'-( 'E. ~m'b\$T Address /)..6 f,~; '" >f,. Address . Law Firm III e w Cln.s .c....c:L ,e d . Address CJ\(R..U.<:.U7. ~A rT0\3 ~:ffJ<'^jtv', fir /I.lS" 7 mte.l,Cl."';c:..s~~ 1'10$0 City, \ Zip 'City,' Zip City, -p k- Zip U "{I.H9'1' ... IDOl'! Award We, the Wldersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) l?~ t'i.A' '~J0.v.~ - ~r~>~:/:) ilK, ~.u P. IN ..- . . /! ;J (Chairman) J~~J!'~'.. /l .v---'" 4-~H /I n I'. - ~ ", ., ~..s. -- i;~Pffli!.;I. _ _'_ J..',ll,~..;!lf4l1'i,.""",;';;;'''j;,. Notice of Entry of Award Now, the 9 '3' day of '7h.,. . , 20 0(;. . at .1: 0 "l' . fl .M., the above award was . entered upon the docket and notice the;iof given by mail to the parties or their attorneys. Date ofHearing:~ z.loc; Date of Award: ';;:I'2(o<r, I . (Insert name if applicable.) Arbitrators' compensation to be paid upon appeal: $ :z 90. 00 ~~Ory By: Deputy ~~~ k~ ~ ~ fJ, J~, C) C-,. .5.09.b~ ~ ~ ~ '"'t.'fo :x VI(' ::; ~:D ~J- ~ ~~ 2';(:. -0 - =H j';f: :x ~~ z ~ 0 =2 C> ~ <.0 -< .