HomeMy WebLinkAbout05-5527BY: CRAIG B. SOBEL, ESQUIRE
THE BELLEVUE-SUITE 440
200 SOUTH BROAD STREET
PHILADELPHIA, PA 19102
Identification No. 60206
(215) 893-1458
CONNIE LUCKENBAUGH
725 Lewisberry Road
Lewisberry, PA 17339
Plaintiff,
Vs.
DAVID CORDIVARI
3523 Countryside Lane
Camp Hill, PA 17011
Defendant,
and
JOHN DOE 1 to 10
(fictitious names)
Defendant,
Attorney for Plaintiff,
Connie Luckenbaugh
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
TERM
NO. C)$
CIVIL ACTION - COMPLAINT
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 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demando a usted en la corte. Si usted quieie defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demands y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por
abogado y archivar en la corte enforma escrita sus defensas o sus objections a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y
puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o
alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades
o ostros derechos importanted para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
LAW OFFICES OF CRAIG B. SOBEL
BY:
Craig B.vSo 1, Esquire
Identification o. 60206
The Bellevue
200 S. Broad Street, Suite 440
Philadelphia, PA 19102
(215) 893-1458
Attorney for Plaintiffs
Dated: 10 1 )-C) w5-
BY: CRAIG B. SOBEL, ESQUIRE
THE BELLEVUE-SUITE 440
200 SOUTH BROAD STREET
PHILADELPHIA, PA 19102
Identification No. 60206
(215) 893-1458
Attorney for Plaintiff,
Connie Luckenbaugh
CONNIE LUCKENBAUGH : IN THE COURT OF COMMON PLEAS OF
725 Lewisberry Road : CUMBERLAND COUNTY, PENNSYLVANIA
Lewisberry, PA 17339 : CIVIL ACTION-LAW
Plaintiff,
VS.
DAVID CORDIVARI
3523 Countryside Lane
Camp Hill, PA 17011
Defendant,
and
JOHN DOE 1 to 10
(fictitious names)
Defendant.
TERM
NO. U S _ SSa rI
COMPLAINT - CIVIL ACTION
1. The Plaintiff, Connie Luckenbaugh,
_6UL
is an adult
individual residing at 725 Lewisberry Road, Lewisberry, PA 17339.
2. The Defendant, David Cordivari, is an adult individual
residing at 3523 Countryside Lane, Camp Hill, PA 17011.
3. On or about November 3, 2003 at approximately 5:00
P.M., Plaintiff, Connie Luckenbaugh was the operator of a 1993
Chevrolet Cavalier.
4. At the time and place aforesaid, the Defendant, David
Cordivari did own possess, control, police, supervise and
maintain a 1993 Buick Regal bearing Pennsylvania Registration No.
EMK 7038, which was then and there being operated by Defendant,
David Cordivari.
5. The vehicle operated by the Plaintiff, Connie
Luckenbaugh was traveling Eastbound on State Street when suddenly
and without warning David Cordivari accelerated into Plaintiff's
lane of travel causing a severe impact. As a result, Plaintiff
sustained serious, painful and permanent personal injuries more
particularly hereinafter set forth.
FIRST COUNT
CONNIE LUCKENBAUGH vs.DAVID CORDIVARI
6. Plaintiff incorporates the allegations of Paragraphs 1
through 5, inclusive of this Complaint as fully as though said
allegations were set forth herein at length.
7. Said collision was caused solely by the carelessness
negligence and recklessness of the Defendant, David Cordivari
negligently and in wanton disregard of the safety of persons and
property then rightfully upon the highway:
(a) negligently caused serious bodily injury to plaintiff
as the result of being under the influence of alcohol;
(b) Willfully and wantonly disregarded the safety of
persons upon the highway;
(c) carelessly failed to maintain proper distance between
his respective motor vehicle and the vehicle in which Plaintiff
drove;
(d) failed to yield to traffic then and there existing;
(e) failed to warn Plaintiff of his intention to proceed
without the right of way;
(f) operated his vehicle in a reckless, wanton and
negligent manner without due regard for the rights and safety of
the plaintiff;
(g) operated his vehicle too fast for existing conditions;
(h) failed to make timely use of adequate and efficient
brakes, steering devices, headlights, horns and steering
mechanisms of his vehicle;
(i) failed and omitted to have his respective vehicle under
safe and proper control;
(j) failed and omitted to keep a safe and proper lookout;
(k) violated the Statutes of the Commonwealth of
Pennsylvania, including Motor Vehicle Code Title 75 Sections:
3714 relating to careless driving; and 3736 relating to reckless
driving and violated the local City ordinances pertaining to the
operation of motor vehicles; and/or;
(1) Otherwise failed to exercise due and proper care under
the circumstances;
(m) operated his vehicle in such a careless and reckless
manner that his motor vehicle violently collided with the motor
vehicle operated by Plaintiff.
8. As a direct and proximate result of the incident
described aforesaid, the Plaintiff sustained multiple injuries,
including but not limited to injury to the nerves, muscles,
ligaments, tendons, tissues, structures and functions of the
neck, head, back and shoulders, internal and external;
specifically: annular tear L5/S1, paraspinal spasm, left sided
radiculitis, left foot discoloration & nerve damage, leg
parenthesis, severe bilateral thoracic outlet syndrome
necessitating thoracic outlet release surgery; dense numbness
of the hand and fingers, post traumatic anxiety and depression;
significant limitation of use of a body functions or systems
with permanent significant limitation of use of a body organ or
members, internal and external, all of which Plaintiff, Connie
Luckenbaugh has been advised are or may be permanent in nature,
and other injuries the full extent of which is not yet known
including aggravation and exacerbation of pre-existing
conditions both known and unknown.
9. As a direct and proximate result of the collision,
Plaintiff, Connie Luckenbaugh has in the past and will in the
future undergone severe pain and suffering as a result of which
she has in the past, and will in the future be unable to attend
to all usual duties and occupation, all to her great financial
detriment and loss.
10. The Plaintiff, Connie Luckenbaugh believes and
therefore avers that her injuries aforesaid are permanent in
nature.
11. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh, has suffered severe physical pain,
mental anguish and humiliation and may continue to suffer same
for an indefinite time in the future.
12. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh has or may suffer a severe loss of
her past earnings and impairment of her future earning capacity.
13. As a result of this collision, Plaintiff, Connie
Luckenbaugh, has been obliged to receive and undergo medical
attention and care and to incur various expenses described in 75
P.S. 1701, et. seq., for the injuries she has suffered. Her
injuries require two separate thoracic outlet surgeries with a
total cost of over $52,622.00. She will be obliged to receive
and undergo such medical attention and care and to incur various
expenses for injuries for an indefinite time into the future.
14. This collision was caused solely by the negligence,
carelessness, wanton disregard and recklessness of the Defendant
and is in no way and in no manner whatsoever due to any act or
failure to act on the part of the Plaintiff.
15. As a direct and proximate result of the aforesaid
collision, Plaintiff, in addition to the above losses, has
further non-economical losses as well as loss of services and
other items of damage recoverable.
Wherefore, Plaintiff demands judgment against Defendant,
David Cordivari, in an amount in excess of the limits of
compulsory arbitration in Cumberland County, Pennsylvania,
including but not limited to unpaid first party benefits,
property damage plus reasonable attorney's fees, interest and
costs. Plaintiff further reserves the right to include
additional claims for himself or for his attorney, as they shall
arise.
SECOND COUNT
16. Paragraphs 1 through 15 are incorporated herein and
made a part hereof but for the sake of brevity are not set forth.
17. At the time and place aforesaid, the Defendant, David
Cordivari jointly and severally operated the aforesaid motor
vehicle with the knowledge, permission, consent of, and/or as an
agent, employee or representative of Defendants, John Doe 1 to 10
(fictitious names of persons or business organizations for whom
Defendant, David Cordivari was an agent, employee or
representative); and Defendant, David Cordivari was, at that time
and place, acting within the scope of his agency or employment
with John Doe 1 to 10.
18. Liability on the part of Defendants, John Doe 1 to 10
is predicated upon principles of respondiat superior, by
vicarious liability.
19. Plaintiff reserves the right to supplement the
foregoing allegations of liability after additional information
is obtained through discovery.
20. As a direct and proximate result of the aforesaid
carelessness, negligence and/or recklessness of the Defendants,
John Doe 1 to 10, their agents, employees and/or representatives
and the collision caused thereby, the Plaintiff sustained
multiple injuries, including but not limited to injury to the
nerves, muscles, ligaments, tendons, tissues, structures and
functions of the neck, head, back and shoulders, internal and
external; specifically: annular tear L5/Sl, paraspinal spasm,
left-sided radiculitis, left foot discoloration & nerve damage,
leg parenthesis, severe bilateral thoracic outlet syndrome
necessitating thoracic outlet release surgery; dense numbness of
the hand and fingers, post traumatic anxiety and depression;
significant limitation of use of a body functions or systems with
permanent significant limitation of use of a body organs or
members, internal and external, all of which Plaintiff, Connie
Luckenbaugh has been advised are or may be permanent in nature,
and other injuries the full extent of which is not yet known
including aggravation and exacerbation of pre-existing conditions
both known and unknown.
21. As a direct and proximate result of the collision,
Plaintiff, Connie Luckenbaugh has in the past and will in the
future undergone severe pain and suffering as a result of which
she has in the past, and will in the future be unable to attend
to all usual duties and occupation, all to her great financial
detriment and loss.
22. The Plaintiff, Connie Luckenbaugh believes and
therefore avers that her injuries aforesaid are permanent in
nature.
23. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh, has suffered severe physical pain,
mental anguish and humiliation and may continue to suffer same
for an indefinite time in the future.
24. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh has or may suffer a severe loss of
her past earnings and impairment of her future earning capacity.
25. As a result of this collision, Plaintiff, Connie
Luckenbaugh, has been obliged to receive and undergo medical
attention and care and to incur various expenses described in 75
P.S. 1701, et. seq., for the injuries she has suffered. Her
injuries require two separate thoracic outlet surgeries with a
total cost of over $52,622.00. She will be obliged to receive
and undergo such medical attention and care and to incur various
expenses for injuries for an indefinite time into the future.
26. This collision was caused solely by the negligence,
carelessness, wanton disregard and recklessness of the Defendants
and is in no way and in no manner whatsoever due to any act or
failure to act on the part of the Plaintiff.
27. As a direct and proximate result of the aforesaid
collision, Plaintiff, in addition to the above losses, has
further non-economical losses as well as loss of services and
other items of damage recoverable.
Wherefore, Plaintiff demands judgment against Defendants,
David Cordivari and John Does 1 to 10, jointly and severally in
an amount in excess of the limits of compulsory arbitration in
Cumberland County, Pennsylvania, including but not limited to
unpaid first party benefits, property damage plus reasonable
attorney's fees, interest and costs. Plaintiff further reserves
the right to include additional claims for himself or for his
attorney as they shall arise.
LAW OFFICES OF CRAIG B. SOBEL
1
BY:
CRAIG
Attor
SOBEL
for Plaintiff
VERIFICATION
I, Connie Luckenbaugh the undersigned, hereby state:
1. I am the Plaintiff in this action;
2. I verify that the statements made in the Civil Action
Complaint are true and correct to the best of my knowledge,
information, and belief; and
3. I understand that the statements therein are made
subject to the penalties of 18 Pa. C.S., Section 4904, relating
to unsworn falsification to authorities.
CO INN ELUCK9M AU?
Date: I g2ojoS
O
VI
? a
^
V J
BY: CRAIG B. SOBEL, ESQUIRE
THE BELLEVUE-SUITE 440
200 SOUTH BROAD STREET
PHILADELPHIA, PA 19102
Identification No. 60206
(215) 893-1458
CONNIE LUCKENBAUGH
725 Lewisberry Road
Lewisberry, PA 17339
Plaintiff,
Vs.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
3523 Countryside Lane
Camp Hill, PA 17011
Defendant,
and
JOHN DOE 1 to 10
(fictitious names)
Defendant.
Attorney for Plaintiff,
Connie Luckenbaugh
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
2005
NO. 5527
CIVIL ACTION - AMENDED COMPLAINT
NOTICE
TERM
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 LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le ban demando a usted en la corte. Si usted quieie defenderse de estas demandas
expuestas en tas paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por
abogado y archivar en la Corte enforma escrita sus defensas o sus objections a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y
puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o
alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades
o ostros derechos importanted para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
LAW OFFICES OF CRAIG B. SOBEL
BY:
Craig B. Sobel, Esquire
Identification No. 60206
The Bellevue
200 S. Broad Street, Suite 440
Philadelphia, PA 19102
(215) 893-1458
Attorney for Plaintiffs
Dated:
BY: CRAIG B. SOBEL, ESQUIRE
THE BELLEVUE-SUITE 440
200 SOUTH BROAD STREET
PHILADELPHIA, PA 19102
Identification No. 60206
(215) 893-1458
CONNIE LUCKENBAUGH
725 Lewisberry Road
Lewisberry, PA 17339
Plaintiff,
vs.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
3523 Countryside Lane
Camp Hill, PA 17011
Defendants,
and
JOHN DOE 1 to 10
(fictitious names)
Defendant.
Attorney for Plaintiff,
Connie Luckenbaugh
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
2005 TERM
NO. 5527
AMENDED COMPLAINT - CIVIL ACTION
1. The Plaintiff, Connie Luckenbaugh, is an adult
individual residing at 725 Lewisberry Road, Lewisberry, PA 17339.
2. The Defendants, David Cordivari and Kum Ok Cordivari,
h/w jointly and severally are adult individuals residing at 3523
Countryside Lane, Camp Hill, PA 17011.
3. On or about November 3, 2003 at approximately 5:00
P.M., Plaintiff, Connie Luckenbaugh was the operator of a 1993
Chevrolet Cavalier.
4. At the time and place aforesaid, the Defendant, David
Cordivari did own possess, control, police, supervise and
maintain a 1993 Buick Regal bearing Pennsylvania Registration No.
EMK 7038, which was then and there being operated by Defendant,
Kum Ok Cordivari.
5. The vehicle operated by the Plaintiff, Connie
Luckenbaugh was traveling Eastbound on State Street when suddenly
and without warning Kum Ok Cordivari accelerated into
Plaintiff's lane of travel causing a severe impact. As a result,
Plaintiff sustained serious, painful and permanent personal
injuries more particularly hereinafter set forth.
FIRST COUNT
CONNIE LUCKENBAUGH vs. DAVID CORDIVARI and KUM OK CORDIVARI
6. Plaintiff incorporates the allegations of Paragraphs 1
through 5, inclusive of this Complaint as fully as though said
allegations were set forth herein at length.
7. Said collision was caused solely by the carelessness
negligence and recklessness of the Defendant, Kum Ok Cordivari
negligently and in wanton disregard of the safety of persons and
property then rightfully upon the highway:
(a) negligently caused serious bodily injury to Plaintiff
as the result of being under the influence of alcohol;
(b) Willfully and wantonly disregarded the safety of
persons upon the highway;
(c) carelessly failed to maintain proper distance between
her respective motor vehicle and the vehicle in which Plaintiff
drove;
(d) failed to yield to traffic then and there existing;
(e) failed to warn Plaintiff of her intention to proceed
without the right of way;
(f) operated her vehicle in a reckless, wanton and
negligent manner without due regard for the rights and safety of
the Plaintiff;
(g) operated his vehicle too fast for existing conditions;
(h) failed to make timely use of adequate and efficient
brakes, steering devices, headlights, horns and steering
mechanisms of her vehicle;
(i) failed and omitted to have her respective vehicle under
safe and proper control;
(j) failed and omitted to keep a safe and proper lookout;
(k) violated the Statutes of the Commonwealth of
Pennsylvania, including Motor Vehicle Code Title 75 Sections:
3714 relating to careless driving; and 3736 relating to reckless
driving and violated the local City Ordinances pertaining to the
operation of motor vehicles; and/or;
(1) Otherwise failed to exercise due and proper care under
the circumstances;
(m) operated her vehicle in such a careless and reckless
manner that her motor vehicle violently collided with the motor
vehicle operated by Plaintiff.
8. As a direct and proximate result of the incident
described aforesaid, the Plaintiff sustained multiple injuries,
including but not limited to injury to the nerves, muscles,
ligaments, tendons, tissues, structures and functions of the
neck, head, back and shoulders, internal and external;
specifically: annular tear L5/S1, paraspinal spasm, left sided
radiculitis, left foot discoloration & nerve damage, leg
parenthesis, severe bilateral thoracic outlet syndrome
necessitating thoracic outlet release surgery; dense numbness
of the hand and fingers, post traumatic anxiety and depression;
significant limitation of use of a body functions or systems
with permanent significant limitation of use of a body organ or
members, internal and external, all of which Plaintiff, Connie
Luckenbaugh has been advised are or may be permanent in nature,
and other injuries the full extent of which is not yet known
including aggravation and exacerbation of pre-existing
conditions both known and unknown.
9. As a direct and proximate result of the collision,
Plaintiff, Connie Luckenbaugh has in the past and will in the
future undergone severe pain and suffering as a result of which
she has in the past, and will in the future be unable to attend
to all usual duties and occupation, all to her great financial
detriment and loss.
10. The Plaintiff, Connie Luckenbaugh believes and
therefore avers that her injuries aforesaid are permanent in
nature.
11. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh, has suffered severe physical pain,
mental anguish and humiliation and may continue to suffer same
for an indefinite time in the future.
12. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh has or may suffer a severe loss of
her past earnings and impairment of her future earning capacity.
13. As a result of this collision, Plaintiff, Connie
Luckenbaugh, has been obliged to receive and undergo medical
attention and care and to incur various expenses described in 75
P.S. 1701, et. seq., for the injuries she has suffered. Her
injuries require two separate thoracic outlet surgeries with a
total cost of over $52,622.00. She will be obliged to receive
and undergo such medical attention and care and to incur various
expenses for injuries for an indefinite time into the future.
14. This collision was caused solely by the negligence,
carelessness, wanton disregard and recklessness of the Defendant
and is in no way and in no manner whatsoever due to any act or
failure to act on the part of the Plaintiff.
15. As a direct and proximate result of the aforesaid
collision, Plaintiff, in addition to the above losses, has
further non-economical losses as well as loss of services and
other items of damage recoverable.
Wherefore, Plaintiff demands judgment against Defendants,
David Cordivari and Kum Ok Cordivari, h/w jointly and severally
in an amount in excess of the limits of compulsory arbitration in
Cumberland County, Pennsylvania, including but not limited to
unpaid first party benefits, property damage plus reasonable
attorney's fees, interest and costs. Plaintiff further reserves
the right to include additional claims for himself or for his
attorney, as they shall arise.
SECOND COUNT
16. Paragraphs 1 through 15 are incorporated herein and
made a part hereof but for the sake of brevity are not set forth.
17. At the time and place aforesaid, the Defendant, Kum Ok
Cordivari jointly and severally operated the aforesaid motor
vehicle with the knowledge, permission, consent of, and/or as an
agent, employee or representative of Defendants, John Doe 1 to 10
(fictitious names of persons or business organizations for whom
Defendant, Kum Ok Cordivari was an agent, employee or
representative); and Defendant, Kum Ok Cordivari was, at that
time and place, acting within the scope of her agency or
employment with John Doe 1 to 10.
18. Liability on the part of Defendants, John Doe 1 to 10
is predicated upon principles of respondiat superior, by
vicarious liability.
19. Plaintiff reserves the right to supplement the
foregoing allegations of liability after additional information
is obtained through discovery.
20. As a direct and proximate result of the aforesaid
carelessness, negligence and/or recklessness of the Defendants,
John Doe 1 to 10, their agents, employees and/or representatives
and the collision caused thereby, the Plaintiff sustained
multiple injuries, including but not limited to injury to the
nerves, muscles, ligaments, tendons, tissues, structures and
functions of the neck, head, back and shoulders, internal and
external; specifically: annular tear L5/Sl, paraspinal spasm,
left-sided radiculitis, left foot discoloration & nerve damage,
leg parenthesis, severe bilateral thoracic outlet syndrome
necessitating thoracic outlet release surgery; dense numbness of
the hand and fingers, post traumatic anxiety and depression;
significant limitation of use of a body functions or systems with
permanent significant limitation of use of a body organs or
members, internal and external, all of which Plaintiff, Connie
Luckenbaugh has been advised are or may be permanent in nature,
and other injuries the full extent of which is not yet known
including aggravation and exacerbation of pre-existing conditions
both known and unknown.
21. As a direct and proximate result of the collision,
Plaintiff, Connie Luckenbaugh has in the past and will in the
future undergone severe pain and suffering as a result of which
she has in the past, and will in the future be unable to attend
to all usual duties and occupation, all to her great financial
detriment and loss.
22. The Plaintiff, Connie Luckenbaugh believes and
therefore avers that her injuries aforesaid are permanent in
nature.
23. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh, has suffered severe physical pain,
mental anguish and humiliation and may continue to suffer same
for an indefinite time in the future.
24. As a direct and proximate result of this collision,
Plaintiff, Connie Luckenbaugh has or may suffer a severe loss of
her past earnings and impairment of her future earning capacity.
25. As a result of this collision, Plaintiff, Connie
Luckenbaugh, has been obliged to receive and undergo medical
attention and care and to incur various expenses described in 75
P.S. 1701, et. seq., for the injuries she has suffered. Her
injuries require two separate thoracic outlet surgeries with a
total cost of over $52,622.00. She will be obliged to receive
and undergo such medical attention and care and to incur various
expenses for injuries for an indefinite time into the future.
26. This collision was caused solely by the negligence,
carelessness, wanton disregard and recklessness of the Defendants
and is in no way and in no manner whatsoever due to any act or
failure to act on the part of the Plaintiff.
27. As a direct and proximate result of the aforesaid
collision, Plaintiff, in addition to the above losses, has
further non-economical losses as well as loss of services and
other items of damage recoverable.
Wherefore, Plaintiff demands judgment against Defendants,
David Cordivari, Kum Ok Cordivari, h/w and John Does 1 to 10,
jointly and severally in an amount in excess of the limits of
compulsory arbitration in Cumberland County, Pennsylvania,
including but not limited to unpaid first party benefits,
property damage plus reasonable attorney's fees, interest and
costs. Plaintiff further reserves the right to include
additional claims for himself or for his attorney as they shall
arise.
LAW OFFICES OF CRAIG B. SOBEL
?t
BY: `
CRAI B SOBEL
Attorney for Plaintiff
VERIFICATION
I, Connie Luckenbaugh the undersigned, hereby state:
1. I am the Plaintiff in this action;
2. I verify that the statements made in the Amended Civil
Action Complaint are true and correct to the best of my
knowledge, information, and belief; and
3. I understand that the statements therein are made
subject to the penalties of 18 Pa. C.S., Section 4904, relating
to unsworn falsification to authorities.
C i°n?A (' 4
CONNIE LUCKENBAUGH
Date : 4?? ah i e ?_
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05527 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LUCKENBAUGH CONNIE
VS
CORDIVARI DAVID ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT AMENDED was served upon
CORDIVARI DAVID the
DEFENDANT , at 1225:00 HOURS, on the 7th day of November , 2005
at 3523 COUNTRYSIDE LANE
CAMP HILL, PA 17011 by handing to
KUM OK CORDIVARI, WIFE
a true and attested copy of COMPLAINT AMENDED together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 14.40
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
42.40 11/09/2005
COLBY GROSSMAN
Sworn and Subscribed to before By: _
me this - day of Deputy Sheriff
.DiI-O ? A.D.
roth ary
CASE NO: 2005-05527 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LUCKENBAUGH CONNIE
VS
CORDIVARI DAVID
HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT AMENDED was served upon
CORDIVARI KUM OK the
DEFENDANT , at 1225:00 HOURS, on the 7th day of November , 2005
at 3523 COUNTRYSIDE LANE
CAMP HILL, PA 17011
KUM OK CORDI
by handing to
a true and attested copy of COMPLAINT AMENDED
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
A.D.
rot o ary
So Answers:
R. Thomas Kline
11/09/2005
COLBY H GROSSMAN
By: _
Deputy Sheriff
CONNIE LUCKENBAUGH
Plaintiff,
VS.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
Defendant,
and
JOHN DOE 1 to 10 (fictitious names)
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-5527
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendants, David
Cordivari and Kum Ok Cordivari, with regard to the above-captioned matter.
Respectfully submitted,
Date: t ??
NEALON GOVER & PERRY
By: ?! _1?{t?.?--
G*E G. Shore, Esquire
Attorney I.D. No. 85321
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
i
CERTIFICATE OF SERVICE
AND NOW, this 5' day of December, 2005, 1 hereby certify that I have
served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
Craig B. Sobel, Esquire
The Bellevue - Suite 440
200 South Broad Street
Philadelphia, PA 19102
1
?Ca y G. Shore, Esquire
M
Casey G. Shore, Esquire
NEALON GOVER & PERRY
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
cshore@ngplawfirm.com
CONNIE LUCKENBAUGH
Plaintiff,
VS.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
Defendant,
and
JOHN DOE 1 to 10 (fictitious names)
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5527
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO AMENDED COMPLAINT WITH NEW MATTER
1. Admitted based upon information and belief.
2. Admitted based upon information and belief.
3. Admitted based upon information and belief.
4. Admitted in part, denied in part. It is admitted that the 1993 Buick Regal
bearing Pennsylvania registration number EMK-703A which was involved
in this accident was owned by David Cordivari. It is further admitted that
Kum Ok Cordivari was operating the 1993 Buick Regal at the time of the
accident. It is denied that David Cordivari had any involvement with this
accident outside of his ownership of the vehicle.
5. Admitted in part, denied in part. It is admitted that the vehicle driven by
Kum Ok Cordivari was involved in an accident with a vehicle driven by
r
Connie Luckenbaugh. It is specifically denied that the Plaintiff, Connie
Luckenbaugh, was traveling eastbound on State Street. All other
averments contained within this paragraph are denied pursuant to Rule
1029(e) of the Pennsylvania Rules of Civil Procedure.
COUNTI
6. No answer required.
7-15. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Procedure.
Wherefore, the Defendants respectfully request that Count I of the Amended
Complaint be dismissed with costs to be paid by the Plaintiff.
COUNT II
16. No answer required.
17-18. This averment contains a legal conclusion to which no response is
required. To the extent that an answer is required, the averment is
denied.
19. No answer required.
20-27. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Procedure.
WHEREFORE, the Defendants respectfully request that Count II of
the Complaint be dismissed with costs to be paid by the Plaintiff.
NEW MATTER
28. Paragraphs 1 through 27 are incorporated herein as if reference were
made thereto.
29. The Plaintiff's claims may be barred in whole or in part by application of
the Pennsylvania Motor Vehicle Financial Responsibility Act.
WHEREFORE, the Defendants respectfully request that the Complaint be
dismissed with costs to be paid by the Plaintiff.
Respectfully submitted,
NEALON GOVER & PERRY
By:
Cge ?G. Shore, Esquire
I. D. #-85321
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
Date: /a. UI
VERIFICATION
I, David Cordivari and Kum Ok Cordivari, verify that the statements made in the
foregoing Answer to Plaintiff's Complaint with New Matter are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date: Z -2c?
Date:
David Cordivari
'Kum Ok Cordivari
CERTIFICATE OF SERVICE
AND NOW, this day of December, 2005, 1 hereby certify that I have 15 ij?_ served the foregoing ANSWER WITH NEW MATTER on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Craig B. Sobel, Esquire
The Bellevue -Suite 440
200 South Broad Street
Philadelphia, PA 19102
ZI
Ax Lx
Casey. Shore, Esquire
`.
v
Craig B. Sobel, Esquire
Attorney I.D. #60206
THE BELLEVUE - Suite 440
200 South Broad Street
Philadelphia, PA 19102
(215) 893-1458
CONNIE LUCKENBAUGH
PLAINTIFF
VS.
DAVID AND KUM OK CORDIVARI H/W
DEFENDANTS
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No.: 05-5527
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
1 - 27. No Response is required.
New Matter
28. No Response is required. Plaintiff incorporates by reference
their complaint in full as though each allegation was herein set forth
at length.
29. Denied. Conclusion of Law, unsubstantiated facts and strict
proof of same will be demanded at trial.
WHEREFORE, Plaintiff respectfully requests that this Court enter
judgment in its favor and against the DefenqKants?
CRAIG B. SOBEL, ESQUIRE
Attorney for Plaintiff
DATED:
V E R I F I C A T I O N
CRAIG B. SOBEL, ESQUIRE, being duly sworn according to law, hereby states
that he is the attorney for the Plaintiff and the Plaintiff, herein; that he is
authorized to make this verification on behalf of the Plaintiff; that he is
acquainted with the facts set forth in the foregoing pleading and that they are
true and correct to the best of my knowledge, information, and belief; and as
to matters without my knowledge, the sources of information and belief are my
review of the pleadings, files, and documents in the possession, custody and
control of my law firm.
I understand that the statements herein said Civil Action Complaint are
made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn
falsificat{on to authorities.
i
DATE: ??•??'''?
CRAIG S EL, ESQ.
2
Craig B. Sobel, Esquire
Attorney I.D. #60206
THE BELLEVUE - Suite 440
200 South Broad Street
Philadelphia, PA 19102
(215) 893-1458
CONNIE LUCKENBAUGH
PLAINTIFF
Vs.
DAVID AND KUM OK CORDIVARI H/W
DEFENDANTS
PLAINTIFF'S CERTIFICATE OF SERVICE
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No.: 05-5527
I, Craig B. Sobel, Esquire, hereby certify that the reply to
New Matter was caused to be mailed by regular first class mail
postage prepaid by the undersigned on the date stated below to the
addressee at the address stated below:
TO:
Casey G. Shore, Esq.
2411 N. Front Street
Harrisburg, Pa. 17110
dated:(?Ab
3
1
CRAIG SOBEL, ESQ.
Attorney for Plaintiff
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PRAE E ;QR LISTING CASE FOR TRIAL
(Must be type ltten and submitted in duplicate)
TO THE PROTHONOTARY OF Ct ERLAND COUNTY
Please list the following ase:
® for RM Y trial at the next term of civil court.
? for trial without a jury.
CAPTION OF CASE
(entire carpdon must be stated in fuU)
Connie Luckenbaugh
(check one)
® Civil Action - Law
? Appeal from arbitration
(other)
(plaintiff)
VS.
David Cordivari & Kum
OK Cordivari 1i
(Defendant)
VS.
The trial list will be called on Mav 2 2 . 2 0 0 7
and
Trials commence on June 18, 2007
Pretrials will be held on May 30, 2007
(Briefs are due 5 days before pretrials
No. 5527 , 2005 Term
Indicate the attorney who will try cake for the party who files this praecipe:
Craig B. Sobel, trial counsel for Plaintiff
Indicate trial counsel for other parties if known:
This case is ready for trial. Signed: y ti
Print Name: Craig B. Sobel
Attorney for: Plaintiff, Connie Luckenbaugh
C '
am. --- .--{
a
PRAMTE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
® for JURY trial at the next term of civil court.
? for trial without a jury.
---- - ------ - - - ------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
Connie Luckenbaugh
(Plaintiff)
VS.
David Cordivari & Rum
OK Cordivari
I Civil Action - Law
Appeal from arbitration
(other)
The trial list will be called on August 21, 2007
and
Trials commence on September 17, 2007
(Defendant) Pretrials will be held on August 29, 2007
VS. (Briefs are due 5 days before pretrials
No. 5527 2005 Term
Indicate the attorney who will try case for the party who files this praecipe:
Craig B. Sobel, Esquire, trial Counsel for Plaintiff
Indicate trial counsel for other parties if known:
f
This case is ready for trial.
Date: a 1 R/ n 7
Signed:
printNar4eraig B. Sobel
A..toneyfor:Plaintiff, Connie Luckenbaugh
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it 1
CONNIE LUCKENBAUGH,
Plaintiff
VS.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5527
and
JOHN DOES 1 to 10 (fictitious
Names) .
Defendant CIVIL ACTION-LAW
PRAECIPE
TO THE PROTHONOTARY:
KINDLY REMOVE THE ABOVE-CAPTIONED' MATTER FROM THE MAY 22,
2007 TRIAL LIST AND PLACE ON THE AUGUST 21, 2007 TRIAL LIST. THIS
REQUEST HAS BEEN MADE BY DEFENDANTS' COUNSEL AND WE HAVE AGREED
TO SAME.
LAW OFFICES OF CRAIG B. SOBEL
BY:
Craig '15. "Mobel, Esquire
Identification No. 62155
The Bellevue
200 S. Broad Street, Suite 440
Philadelphia, PA 19102
(215) 893-1458
Attorney for Plaintiff
Dated: 4/18/07
CERTIFICATE OF SERVICE
AND NOW, this day of April, 2007, 1 hereby certify that I have served the
foregoing PRAECIPE on the following by depositing a true and correct copy of same in
the United States mail, postage prepaid, addressed to:
Matthew R. Gover, Esquire
NEALON GOVER & PERRY
2411 North Front Street
Harrisburg, Pa 17110
Crai obel, Esquire
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
CONNIE LUCKENBAUGH
GU1(iuvN?
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
-VS-
DAVID CORDIVARI & KUM OK CORDIVARI
CASE NO: 05-5527
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW R. GOVER, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 05/29/2007
S on ?eha)f p' ? C5
/?/ C
C
H W R. GOVER, ESQUIRE
Attorney for DEFENDANT
R1.33 133-H DE11-0689738 76414 -LO1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
CONNIE LUCKENBAUGH
-VS-
DAVID CORDIVARI & KUM OK CORDIVARI
COURT OF COMMON PLEAS
TERM,
CASE NO: 05-5527
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
AVRAAM KARAS,M.D.
MEDICAL RECORDS & XRAYS
TO: CRAIG B. SOBEL, ESQ., PLAINTIFF COUNSEL
MCS on behalf of MATTHEW R. COVER, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 05/07/2007
CC: MATTHEW R. COVER, ESQUIRE - 05-913
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW R. GOVER, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
R1.31S 133-H DE02-0362251 76414-CO1
t-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONNIE LUCKENBAUGH
VS.
DAVID CORDIVARI & KUM OK CORDIVARI
File No. 05-5527
SUBPOENA TQ PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for AVRAAM KARAS M D
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: ****SEE ATTACHED RIDER****
at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadelphia PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: MATTHEW R. COVER. ESQUIRE
ADDRESS: 2411 NORTH FRONT STREET
P.O. BOX 865
HARRISBURG. PA 17110
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAY 2 9 2007
Date: Mq-'j
T
Seal of the Court
76414-01
A W. - •
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
AVRAAM KARAS,M.D.
5601 LOCKRAVEN BLVD.
STE 404
BALTIMORE, MD 21239
RE: 76414
CONNIE LUCKENBAUGH (ROTONDO)
Prior approval is required for fees in excess of $150.00 for
hospitals, $100.00 for all other providers.
Entire medical, billing, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or treating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : CONNIE LUCKENBAUGH (ROTONDO)
141 1/2 NORTH BEDFORD ST, CARLISLE, PA 17013
Social Security #: XXX-XX-6907
Date of Birth: 09-30-1981
R1.31S 133-H SU10-0683950 76414-LO1
r..3 0
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CONNIE LUCKENBAUGH,
Plaintiff
Vs.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5527
and
JOHN DOES 1 to 10 (fictitious
Names)
Defendant CIVIL ACTION-LAW
TO THE PROTHONOTARY:
KINDLY REMOVE THE ABOVE-CAPTIONED MATTER FROM THE AUGUST 21,
2007 TRIAL LIST AND PLACE ON THE OCTOBER 16, 2007 TRIAL LIST.
DEFENDANTS' COUNSEL HAS AGREED TO SAME.
LAW OFFICES OF CRAIG B. SOBEL
BY: OAK
Crate B. Sobel, Esquire
Identification No. 62155
The Bellevue
200 S. Broad Street, Suite 440
Philadelphia, PA 19102
(215) 893-1458
Attorney for Plaintiff
Dated: 8/8/07
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CONNIE LUCKENBAUGH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a NO. 05-5527
and
JOHN DOES 1 to 10 (fictitious
Names)
Defendant CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I, CRAIG B. SOBEL, ESQUIRE do hereby certify that I have
served a true and correct copy of the foregoing Praecipe by first
class mail on August 8, 2007 upon the following counsel for
Defendants:
Matthew Gover, Esquire
Nealon Gover & Perry
2411 N. Front Street
Harrisburg, PA 17110
LAW OFFICES OF CRAIG B. SOBEL
BY:
A/-
Crai(t'B. Sobel, Esquire
Identification No. 62155
The Bellevue
200 S. Broad Street, Suite 440
Philadelphia, PA 19102
(215) 893-1458
Attorney for Plaintiff
Dated: 8/8/07
r r?
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PRAECIPE FOR 11STING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUN'T'Y
Please list the following case:
for JURY trial at the next term of civil court.
? for trial without a jury.
- -------- - - ------ - -------- - - -- - - -- - - - --- - --------------- - -- - --
CAPTION OF CASE
(entire caption must be stated in full) (check one)
Connie Luckenbaugh
VS.
(Plaintiff)
David Cordivari & Kum
OK Cordivari
vs.
(Defendant)
t?j Civil Action - Law
? Appeal from arbitration
(other)
The trial list will be called on October 16, 2007
and
Trials commence on November 13, 2007
Pretrials will be held on October 24, 2 007
(Briefs are due 5 days before pretrials
No. 5527 2005 Term
Indicate the attorney who will try case for the party who files this praecipe:
Craig B. Sobel, trial counsel for Plaintiff
Indicate trial counsel for other parties if known:
Matthew Gover, trial counsel fot_Defendants
This case is ready for trial.
Date: 8/8/07
Signed:
Print Name: v Craig B. Sobel, Esquire
Attorney for: Connie Luckenbaugh, Plaintiff
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CONNIE LUCKENBAUGH,
Plaintiff
v
DAVID CORDIVARI & KUM
OK CORDIVARI,
Defendants
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
05-5527 CIVIL TERM
JURY TRIAL DEMANDED
IN RE: CASE STRICKEN FROM LIST
ORDER OF COURT
AND NOW, this 21st day of August, 2007, the
above-captioned case having not been called for trial at the call
of the civil trial list, it is stricken from the trial list.
By the Court,
raig B. Sobel, Esquire
200 South Broad Street
Philadelphia, PA 19102-3803
For Plaintiff
rtthew R. Gover, Esquire
2411 N. Front Street
Harrisburg, PA 17111
Court Administrator
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CONNIE LUCKENBAUGH
Plaintiff,
VS.
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
Defendant,
and
JOHN DOE 1 to 10 (fictitious names)
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 05-5527
CIVIL ACTION - LAW
AND NOW, this 24 t' day of ?n b?S 2007, IT IS HEREBY
ORDERED. AND DECREED that Craig B. Sobel, Esquire, attorney for Plaintiff, and
Matthew R. Gover, Esquire, attorney for Defendants David and Kum Ok Cordivari, are
attached for trial in the above matter during the week of November 11, 2007.
Distribution:
'Matthew R. Gover, Esquire, 2411 North Front Street, Harrisburg, PA 17110
%. draig B. Sobel, Esquire, The Bellevue -Suite 440, 200 South Broad Street,
Philadelphia, PA 19102 .r
Cumberland County Court Administrator's Office C445p, tS r a, Ccc L
BY THE COURT:
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CONNIE LUCKENBAUGH,
Plaintiff
v
DAVID CORDIVARI & KUM OK
CORDIVARI, h/w, j/s/a
v
JOHN DOES 1 TO 10
(FICTITIOUS NAMES)
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYVLANIA
NO. 05-5527 CIVIL TERM
CIVIL ACTION - LAW
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PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler in the above-captioned case on Wednesday, October 24,
2007. Present on behalf of the Plaintiff was Craig B. Sobel,
Esquire. Present on behalf of Defendants Cordivari was
Matthew R. Gover, Esquire.
This is a negligence action for personal injuries
arising out of a motor vehicle accident occurring on November 3,
2003, when Defendant Kum Ok Cordivari made a left turn and struck
the side of a vehicle being driven by Plaintiff. Liability of
Ms. Cordivari is conceded. Pursuant to an agreement of counsel,
and by separate Order of Court, Defendant David Cordivari and
Defendants "John Does 1 to 10" are dismissed from the action.
This will be a jury trial in which each side will
have 4 peremptory challenges, for a total of 8. The estimated
duration of trial is 2 days.
To the extent that any deposition testimony is to
be shown or read to the jury and contains objections being
pursued by counsel and requiring rulings by the trial court,
counsel are directed to furnish to the Court at least 5 days
prior to the commencement of the trial term copies of the
affected transcripts, with the areas of objection being pursued
4
highlighted, and with brief memoranda in support of their
respective positions on the objections.
It is noted that counsel may reach a "high/low
agreement" with regard to an award of damages by the jury.
With respect to settlement negotiations, counsel
have described the likelihood of settlement as doubtful.
By the Court,
Craig B. Sobel, Esquire
The Bellevue-Suite 440
200 South Broad Street
Philadelphia, PA 19103
For Plaintiff
Matthew R. Gover, Esquire
2411 North Front Street
Harrisburg, PA 17110
For Defendant
Court Administrator
:mae
CONNIE LUCKENBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA
v .
DAVID CORDIVARI & KOM OK
CORDIVARI, h/w, j/s/a NO. 05-5527 CIVIL TERM
v .
JOHN DOES 1 TO 10 .
(FICTITIOUS NAMES)
Defendant CIVIL ACTION - LAW
IN RE: DEFENDANTS DISMISSED FROM ACTION
ORDER OF COURT
AND NOW, this 24th day of October, 2007, pursuant
to an agreement of counsel reached at-a pretrial conference in
this matter, Defendant David Cordivari and Defendants "John Does
1 to 10" are dismissed from this action.
11
raig B. Sobel, Esquire
The Bellevue-Suite 440
200 South Broad Street
Philadelphia, PA 19103
For Plaintiff
Xatthew R. Gover, Esquire
2411 North Front Street
Harrisburg, PA 17110
For Defendant
Court Administrator
mae
By the Court,
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CONNIE LUCKENBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
KUM OK CORDIVARI,
Defendant NO. 05-5527 CIVIL TERM
J
VERDICT
[In this case it is conceded that
the negligence of Defendant caused
the accident that occurred on
November 3, 2003]
Question 1:
Was the accident a factual cause of any harm to Plaintiff?
Yes No
If you answered Question 1 "No," Plaintiff can not recover and you should not
answer any further questions and should return to the courtroom.
Question 2:
State the total amount(s) of damages, if any, of an economic nature sustained by
Plaintiff as a result of the accident in these categories::
Past Medical Expenses
Future Medical Expenses
Question :
$--J3
,vo . oo
Did Plaintiff suffer serious impairment of a body function as a result of injuries
sustained in the accident?
Yes
No
If you answered Question 3 "No," Plaintiff can not recover noneconomic
damages, and you should return to the courtroom.
V
Question 4:
State the total amount of damages, if any, of a noneconomic nature sustained by
Plaintiff as a result of the accident:
Total $
n.
4((ate) 4 (Foreperso
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Juror # Name
1 16 SEAGRIST, BRUCE E. -1942958415
2 30 KLINGER, JEAN -1932508503
:3 46 SIODLOWSKI, ROBERT J. -1895596998
Y -1667549371
4 47 PATTERSON, RANDY S. -1313279437
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SLADINSKI, GENE
-966094665
2 FOUSE, DEBRA J. -851721766
8 41 KORZENIEWSKI, DONALD E
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-535339448
13 37 COOK, PAUL H
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14 DeF Z -336276531
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16 13 WATTS, GARY K. -276151925
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17 2 E- U
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€) 27 ALLENDER, RICHARD V. 348680899
1 23 MULL, MARY ALICE 483815036
22 26 THOMPSON, DONALD L. SR. 580086026
23 4 HWANG, CHONG 676373400
36 LONG, ORIN F. 858830114
25 11 GARMAN, WILMA 887740245
26 39 GORNEY, WILLIAM A 1002933665
2-7 38 CARTER, SUZANNE C. 1016784928
28 15 WEBSTER, MICHAEL W., JR. 1039165296
29 12 MILLER, MARLA 1355888626
0 33 SCIPIONI, RONALD 1602055423
18 FESLER, DAVID 1971804958
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2008441309
34 3 GARBACIK, JULIE A. 2016079699
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3; 44 SHOMSKY, KAREN M. 2038422060
Page 1 of 1
Tuesday, November 13, 2007
r
Craig B. Sobel, Esquire
Attorney I.D. ##60206
THE BELLEVUE - Suite 440
200 South Broad Street
Philadelphia, PA 19102
(215) 893-1458
CONNIE LUCKENBAUGH
PLAINTIFF
VS.
KUM OK CORDIVARI H/W
DEFENDANTS
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No.: 05-5527
DELAY DAMAGE
ORDER
AND NOW, this day of
2007, upon
consideration of Plaintiff's Petition for Delay Damages,
Pursuant to Rule § 238, the jury verdict in the amount of
$39,127.03 is hereby molded to $42,816.28 to reflect the
addition of damages of delay $3,689.25.
BY THE COURT:
J.
Craig B. Sobel, Esquire
Attorney I.D. ##60206
THE BELLEVUE - Suite 440
200 South Broad Street
Philadelphia, PA 19102
(215) 893-1458
CONNIE LUCKENBAUGH
PLAINTIFF
vs.
KUM OK CORDIVARI H/W
DEFENDANTS
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No.: 05-5527
PLAINTIFF'S PETITITON FOR DELAY DAMEAGES
PURSUANT TO RULE 238
NOTICE
You are hereby notified to file a written answer to the
attached motion for delay damages within twenty days from the
filing of the motion or the delay damages sought in the motion
may be added to the verdict or decision against you.
1. This is an action for personal injuries sustained by Plaintiff,
Connie Luckenbaugh, in a motor vehicle accident, which occurred on
November 3, 2003.
2. Suit was commenced by Complaint on October 24, 2005, and service was
effected upon Defendants on November 7, 2005.
3. On November 13, 2007, following a two day jury trial before the
Honorable J. Wesley Oler, Jr., a jury verdict in favor of Plaintiff
and against the Defendant was returned in the amount of $39,127.03.
4. The Defendant made a written offer of $10,500 to Plaintiff
immediately before trial. The never tendered the policy limits.
The award is 125% greater than any offer to date (offer x 1.25
$13,125).
5. At no time throughout the pendency of this litigation has Plaintiff
ever requested a postponement of the trial or otherwise contributed
to any delay in the scheduling of this matter for trial.
6. Pursuant to Rule § 238, delay damages are to be calculated from a
date of one-year following the date of original process up to the
date of the verdict.
7. Damages for delay are to be calculated from November 7, 2006, (one
year after date of service) to November 14, 2007.
8. Rule § 238 further provides that damages for delay shall be
calculated at a rate equal to the prime rate as listed in the first
edition of the Wall Street Journal published for each calendar year
for which the damages are awarded, plus one percent, not compounded.
The prime rates published in the first edition of the Wall Street
Journal, plus one percent are 2006 - 8.500; 2007 - 9.250.
9. Consistent with the interest rates set forth above, the damages for
delay calculated pursuant to Rule § 238 for each year, or portion of
a year, during this period is $3,689.25.
10. Rule § 238, provides that unless the Defendant specifies grounds
for opposing delay damages, the addition of delay damages to the
verdict should be added. No grounds exist in this matter which
would or could limit the addition of delay damages to the verdict.
WHEREFORE, Plaintiff Connie Luckenbaugh, respectfully requests
that the verdict of $39,127.03 be molded to reflect the addition of
delay damages in the sum of $3,689.25 for a total of $42,816.28 plus
cost attached hereto.
BY:
CRAIG B. SOBEL, ESQUIRE
Attorney for Plaintiff
Craig B. Sobel, Esquire
Attorney I.D. ##60206
THE BELLEVUE - Suite 440
200 South Broad Street
Philadelphia, PA 19102
(215) 893-1458
CONNIE LUCKENBAUGH
PLAINTIFF
vs.
KUM OK CORDIVARI H/W
DEFENDANTS
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No.: 05-5527
PLAINTIFF'S MEMORANDUM OF LAW
This is an action for personal injuries sustained by Plaintiff,
Connie Luckenbaugh, in a motor vehicle accident, which occurred on
November 3, 2003. Suit was commenced by Complaint on October 24,
2005, and service was effected upon Defendant by personal service on
November 7, 2005. On November 14th, 2007, following a two-day trial
before the Honorable J. Wesley Oler, Jr, a verdict in favor of
Plaintiff and against the Defendant was returned in the amount of
$39,127.03. Prior to the verdict, on November 14, 2007, Defendant
made a written offer of $10,500.00.
At no time has Plaintiff delayed the scheduling of this matter
for trial, and as of this date, neither party has filed an appeal of
the verdict. Pursuant to Rule § 238, delay damages are to be
calculated from a date one year following the date of service of the
original process up to the date of the verdict. Damages for delay are
to be calculated from, November 7, 2006 (one year after date of
service) to November 14, 2007. Rule § 238 further provides that
damages for delay shall be calculated at a rate equal to the prime
rate as listed in the first edition of the Wall Street Journal
published for each calendar year for which the damages are awarded,
plus one percent, not compounded. The prime rates published in the
first edition of the Wall Street Journal are: 2006 - 8.500; 2007 -
9.250.
Consistent with the interest rates set forth above, the damages for
delay calculated pursuant to Rule § 238 for each year or portion of a
year, during this period is Three Thousand Six Hundred and Eighty Nice
Dollars and Twenty-Five cents ($3,689.25) based on the award. Rule §
238, provides that unless the Defendant specifies grounds for opposing
the addition of delay damages, the Court shall add the delay damages
to the verdict. No grounds exist in this matter which would or could
limit the addition of delay damages to the verdict.
WHEREFORE, Plaintiff respectfully requests that the verdict of
$39,127.03 be molded to reflect the addition of delay damages in
the sum of $3,689.25 for a total of $42,816.28 .
BY:
CRAIG B. SOBBEL, ESQUIRE
Attorney for Plaintiff
V E R I F I C A T I O N
CRAIG B. SOBEL, ESQUIRE, being duly sworn according to law,
hereby states that he is the attorney for the Plaintiffs, herein; that
he is authorized to make this verification on behalf of the
Plaintiffs; that he is acquainted with the facts set forth in the
foregoing pleading and that they are true and correct to the best of
my knowledge, information, and belief; and as to matters without my
knowledge, the sources of information and belief are my review of the
pleadings, files, and documents in the possession, custody and control
of my law firm.
I understand that the statements herein said Civil Action
Complaint are made subject to the penalties of 18 PA. C.S.A., §4904,
relating to unsworn falsification to authorities.
DATE A1. CRAIG B. SOBEL, ESQUIRE
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Craig B. Sobel, Esquire, hereby certify that a true a
correct copy of the foregoing Plaintiff's Motion for Delay
Damages has been served upon all interested counsel via U.S.
First Class, postage pre-paid mail on Tuesday, November 20,
2007.
Mr. Matthew Gover
Nealon Gover & Perry
2411 N. Front Street
Harrisburg, Pa. 17110
BY:
CRAIG B. SOBEL, ESQUIRE
Attorney for Plaintiff
ik
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CONNIE LUCKENBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTIONI - LAW
KUM OK CORDIVARI,
Defendant NO. 05-5527 CIVIL TERM
ORDER OF COURT
AND NOW, this 6 h day of December, 2007, upon consideration of Plaintiff's
Petition for Delay Damages Pursuant to Rule 238 Notice, a Rule is hereby issued upon
Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Craig B. Sobel, Esq.
The Bellevue - Suite 440
200 South Broad Street
Philadelphia, PA 19102
Attorney for Plaintiff
Matthew Gfover, Esq.
2411 N. Front Street
Harrisburg, PA 17110
Attorney for Defendant
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I P. Lw 320 L601
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CONNIE LUCKENBAUGH
Plaintiff
VS.
KUM OK CORDIVARI,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5527
P R A E C I P E
PLEASE MARK THE ABOVE DOCKET SETTLED, SATISFIED AND
DISCONTINUED.
Respectfully submitted,
r
By
Craig B. Sobel, Esquire
Attorney I.D. No.
The Bellevue - Suite 440
200 South Broad Street
Philadelphia, PA 19102
Date: 7r `?? (215) 8931458
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