Loading...
HomeMy WebLinkAbout06-5915 Steven M. Williams, I.D. # 62051 Wix, Wenger & Weidner P.C. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiffs ROBERT L. MORRIS, III and BARBARA MORRIS, individually and t/d/b/a BARBARINO'S PIZZA AND RESTAURANT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. O~- j--qlj- ~. SANDRA WRIGHT, Defendant CIVIL ACTION - LAW 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 liBerty f\v~RLle ~z.. So, ~<:.^~r-c1 Su-e.e-\- Carlisle, PA 17013 (717) 249-3166 ROBERT L. MORRIS, III and BARBARA MORRIS, individually and tld/b/a BARBARINO'S PIZZA AND RESTAURANT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 0(,," ,7'1/S' ~ t..t-v- SANDRA WRIGHT, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, come Plaintiffs, Robert L. Morris, III and Barbara Morris, individually and tld/b/a Barbarino's Pizza and Restaurant, by and through their attorneys, Wix, Wenger & Weidner, and file this Complaint, stating as follows: 1. Robert L. Morris, III and Barbara Morris, husband and wife, are adult individuals and are the owners and operators of a restaurant known as Barbarino's Pizza and Restaurant ("Barbarino's") located at 334 East Penn Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant, Sandra Wright is an adult individual whose last know address is 8 Sharon Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Jurisdiction is proper in this Court because the Plaintiffs' cause of action arose in Cumberland County. 4. The amount in controversy in this case exceeds $35,000 as required by the Cumberland County Local Rules regarding compulsory arbitration. 5. On or about July 2, 2006, while operating a motor vehicle, Defendant drove into Barbarino's premises, causing damage to the premises and to property of Plaintiffs contained therein and thereon (the "Accident"). 6. The Accident was directly and proximately caused by Defendant's negligent operation of her vehicle, including: a) failing to have her vehicle under proper and adequate control; b) operating her vehicle in a reckless and careless manner; c) failing to remain alert and attentive while operating her vehicle; and d) failing to take preventative action to avoid colliding with a stationary structure (i.e., Barbarino's premises). 7. As a direct and proximate result of Defendant's negligence and the Accident, Plaintiffs were unable to operate Barbarino's from the time of the Accident on July 2, 2006 through and including July 27, 2006. 8. As a direct and proximate result of Defendant's negligence and the Accident, Plaintiffs suffered damages, including: a) Repair costs for damages to the premises of at least $9,493.49; b) Repair and replacement costs of at least $760.00 for signage that was damaged in the Accident; c) Losses of at least $3,600 for perishable inventory that Barbarino's could not use after the Accident; and d) Lost revenues resulting from the closure of Barbarino's after the Accident of at least $32,900.00.r 2 9. Notwithstanding Barbarino's closure for the period July 2 through July 27, Plaintiffs were required to pay all of the usual operating expenses of Barbarino's, including but not limited to rent for the premises, payroll for their employees and utilities. 10. Plaintiffs did not cause or contribute to the occurrence of the Accident. 11 . Plaintiffs did not cause or contribute to the incurrence of their damages, as aforesaid. 12. Defendant is liable to Plaintiffs for the damages caused by Defendant and the Accident. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against the Defendant for an amount in excess of $35,000, the costs of this action, interest, and such other relief as this Court deems just and appropriate. Date: 10 //1 /Otp teven M. Williams I.D. # 62051 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiffs F:\smw\5837 (MORRIS, BOB & BARBARA}\14099 (v. Sandra Wright}\Documents\Complaint.doc 3 VERIFICATION I have read the foregoing Complaint and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ; ~~;;5V ~~ ~ \ - - ~ (":I c r--' c::.? c;:::> c":~... 9. .. .' -....\ - - ~ ~\ '" ~ v\ ..~ \ --;;1i!" \\". C) -n .-1 :.'C'. -'f\ rr1 C~ "...-, ! ~\..: "",.< ~:: ~ ":, i ~... - ~ .. ( ~:~ ?~Irn ~-\ "'r,~ :!l C(' r'.) o F \FILES\DA T AFILE\Donegal3050\Current\428\ans I Created: 9/20/04 0:06PM Revised: 10/25/06 2 20PM 3050.428 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF COUNTY,PENNSYLVA~ ROBERT L. MORRIS, III, and BARBARA : MORRIS, Individually and t/d/b/a BARBARINO'S PIZZA AND RESTAURANT, Plaintiffs NO. 06-5915 CIVIL ACTION - LAW v. SANDRA WRIGHT, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: ROBERT L. MORRIS, III, and BARBARA MORRIS, Individually and t/d/b/a BARBARINO'S PIZZA ANDRESTAURANT, Plaintiffs, and their attorney, STEVEN M. WILLIAMS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Sandra Wright, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiffs Complaint as follows: 1- 3. Admitted, except that Plaintiff Robert L. Morris, III, is not the owner of the restaurant. 4. Denied that damages exceed $35,000.00. Proof is demanded. 5-6. Admitted that Defendant was negligent and caused the accident. 7-12. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor. NEW MATTER 13. Plaintiffs failed to mitigate their damages. 14. The owner of the business was Plaintiff Barbara Morris and not Robert L. Morris. 15. Plaintiffs have failed to provide sufficient proof of their damages. WHEREFORE, Defendant demands judgment in her favor. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO o By Daniel K. Deardorff, Esquire 1. D. Number 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: October 25, 2006 Attorneys for Defendant VERIFICATION Daniel K. Deardorff, Esquire, ofthe firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for the Defendant in the within action, certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Steven M. Williams, Esquire WIX, WENGER & WEIDNER, P.C. 508 North Second Street P.O. Box 845 Harrisburg, P A 17108-0845 MARTSON DEARDORFF WILLIAMS & OTTO ~~ By Ami J. Thu a Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 25,2006 () c:: <:1~ .'l.}!:.r. f:<., I.. f.. c; ...:-. -'- r---:l = C-;) c...... ~ .~ ::r::.,.., rnp -rl fT1 ~:~~ ~ < ;,:2 () ~jrn --\ ');..,. ~ o (; ---l N U1 ~ (f! o t'v F: IFILESIDA T AFILEIDonegal3050lCurrentl428lamd.ans I/ajt Created 9/20104 0:06PM Revised I Ii8/06 10 21 AM 3050 428 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS LV ANIA ROBERT L. MORRIS, ill, and BARBARA : MORRIS, Individually and t/d/b/a BARBARINO'S PIZZA AND RESTAURANT, NO. 06-5915 CIVIL ACTION - LAW Plaintiffs v. SANDRA WRIGHT, Defendant JURY TRIAL DEMANDED DEFENDANT'S AMENDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT I I ROBERT L. MORRIS, III, and BARBARA MORRIS, Individually a*d t/d/b/a BARBARINO'S PIZZA ANDREST AURANT, Plaintiffs, and their attorney, SlEVEN M. I WILLIAMS, ESQUIRE i TO: I YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE E~CLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A mbGMENT MAY BE ENTERED AGAINST YOU. I I I i AND NOW comes Defendant, Sandra Wright, by and through her attorneys, ~ARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiffs Complaint as follows: 1-3. Admitted, except that Plaintiff Robert L. Morris, lll, is not the owner of~he restaurant. 4. Denied that damages exceed $35,000.00. Proof is demanded. ! I i I I 5-6. Admitted that Defendant was responsible and caused the accident. 7-12. Denied pursuant to Pa. R.c.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor. NEW MATTER 13. Plaintiffs failed to mitigate their damages. 14. The owner of the business was PlaintiffBarbara Morris and not Robert L. Morris. 15. Plaintiffs have failed to provide sufficient proof of their damages. WHEREFORE, Defendant demands judgment in her favor. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS ~ OTTO I I I I I I By Daniel K. Deardorff, Esquire I. D. Number 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: November 8, 2006 Attorneys for Defendant VERIFICA nON The foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint is tased upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The lan$uage of the I document is that of counsel and not my own. I have read the document and to the extent th4t it is based upon information which I have given to my counsel, it is true and correct to the best of my tbowledge, I information and belief To the extent that the content of the document is that of counsel, I havelrelied upon counsel in making this verification. I I I This statement and verification are made subject to the penalties of 18 Pa. C.S. S~ction 4904 I I relating to unsworn falsification to authorities, which provides that if! make knowingly false alverments, I may be subject to criminal penalties. .~tdyj~ Sandra Wright F: IFILESIDA T AFILElDonegaI3050\CurrentI428\ans J . CERTIFICATE OF SERVICE I I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, herebt certify that a copy ofthe foregoing Amended Answer with New Matter was served this date by deposi~ing same in i I the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: i Steven M. Williams, Esquire WIX, WENGER & WEIDNER, P.C. 508 North Second Street P.O. Box 845 Harrisburg, P A 17108-0845 By Ami J. Thurn Ten East High treet Carlisle, P A 17013 (717) 243-3341 Dated: November 8, 2006 C} c.:: ...."--....- c..; >l ::;:.1 ;.'; 1 I C~ t>? C) .. Steven M. Williams, I.D. # 62051 Wix, Wenger & Weidner P.C. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs ROBERT L. MORRIS, III and BARBARA MORRIS, individually and t/d/b/a BARBARINO'S PIZZA AND RESTAURANT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 06-5915 CIVIL SANDRA WRIGHT, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come Plaintiffs, Robert L. Morris, III and Barbara Morris, individually and t/d/b/a Barbarino's Pizza and Restaurant, by and through their attorneys, Wix, Wenger & Weidner, and file this Reply to New Matter, stating as follows: 13. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 14. Admitted. .. 15. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against the Defendant for an amount in excess of $35,000, the costs of this action, interest, and such other relief as this Court deems just and appropriate. Date: fil' ~/w te n M. Williams 1.0. # 62051 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs Respectfully F:\smw\5837 (MORRIS. BOB & BARBARA)\ 14099 (v. Sandra Wright)\Documents\Reply to New Matter.doc 2 I. ... VERIFICATION I have read the foregoing Reply to New Matter and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: (0- 2- - 0 (, .. ROBERT L. MORRIS, III and : IN THE COURT OF COMMON PLEAS BARBARA MORRIS, individually and : CUMBERLAND COUNTY, PENNSYLVANIA tJd/b/a BARBARINO'S PIZZA AND RESTAURANT, Plaintiffs v. NO. 06-5915 CIVIL SANDRA WRIGHT, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Reply to New Matter was sent by first class mail, postage prepaid this day to the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendants Respectfully Submitted, WIX, WENGER & WEIDNER Date: Illl~ Iifl{ By: Alison A. Zortman, Leg Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs ". y' Steven M. Williams, 1.0. # 62051 Wix, Wenger & Weidner P.C. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs ROBERT L. MORRIS, III and BARBARA MORRIS, individually and t/d/b/a BARBARINO'S PIZZA AND RESTAURANT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 06-5915 CIVIL SANDRA WRIGHT, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come Plaintiffs, Robert L. Morris, III and Barbara Morris, individually and t/d/b/a Barbarino's Pizza and Restaurant, by and through their attorneys, Wix, Wenger & Weidner, and file this Reply to New Matter, stating as follows: 13. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied. and proof is demanded. 14. Admitted. ,~ v 15. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against the Defendant for an amount in excess of $35,000, the costs of this action, interest, and such other relief as this Court deems just and appropriate. Date: III J ~/U/j ./l / By: I $te n M. Williams I.D. # 62051 /508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs Respectfully F:\smw\5837 (MORRIS, BOB & BARBARA)\14099 (v, Sandra Wright)\Documents\Reply to New Matter.doc 2 '.. of VERIFICATION I have read the foregoing Reply to New Matter and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: (0- 2 - O~ ,. / ROBERT L. MORRIS, III and : IN THE COURT OF COMMON PLEAS BARBARA MORRIS, individually and : CUMBERLAND COUNTY, PENNSYLVANIA t/d/b/a BARBARINO'S PIZZA AND RESTAURANT, Plaintiffs v. NO. 06-5915 CIVIL SANDRA WRIGHT, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Reply to New Matter was sent by first class mail, postage prepaid this day to the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendants Respectfully Submitted, WIX, WENGER & WEIDNER Date: It \ I) I cft{ :'i . By: '[) c---- Alison A. Zortman, Leg Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs (3 r- ~1'" o .." ::::! ""'.~.,:: Ul -r; en ~;;..,. :~ C.' WIX, WENGER & WEIDNER Steven M. Williams, ID # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs ROBERT L. MORRIS, III and BARBARA MORRIS, individually and tJd/b/a BARBARINO'S PIZZA AND RESTAURANT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 06-5915 CIVIL SANDRA WRIGHT, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED PREACIPE TO DISCONTINUE WITH PREJUDICE To the Prothonotary: Please mark this case settled, satisfied, and discontinued h prejudice. Respectfully Date: I J, /1 lob By: Steven M. Williams, ID # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs F:\smw\5837 (MORRIS. BOB & BARBARA)\14099 (v. Sandra Wright)\Documenls\PRAECIPE TO SETTLE.doc . ;. ROBERT L. MORRIS, III and : IN THE COURT OF COMMON PLEAS BARBARA MORRIS, individually and : CUMBERLAND COUNTY, PENNSYLVANIA tJd/b/a BARBARINO'S PIZZA AND RESTAURANT, Plaintiffs v. NO. 06-5915 CIVIL SANDRA WRIGHT, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was hand delivered this day to the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Respectfully Submitted, WIX, WENGER & WEIDNER Date: It'~ \0& By: Alison A. Zortman, Le 508 North Second Str P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiffs ~ (r: ~ = C1"' CJ r:i c-> I co ~~ -< ~ ->- ~ :?-n fl'r: .~C)~ ::;9 )S~ ,) (") ;'~rn ~3. "1? :!l c;? c...' N SHERIFF'S RETURN - REGULAR CASE NO: 2006-05915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRIS ROBERT L III ET AL VS WRIGHT SANDRA VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WRIGHT SANDRA the DEFENDANT , at 1807:00 HOURS, on the 19th day of October ,2006 at 8 SHARON ROAD ENOLA, PA 17025 by handing to WILL SWEIKERT, BROTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 13.20 .39 10.00 .00 41.59/ 0/1)11/0' ~~~ R. Thomas Kline ~ 10/20/2006 WIX WENGER WEIDNER Sworn and Subscibed to By: ;J~~ tr /~ Deputy Shefiff before me this day of A.D.