HomeMy WebLinkAbout94-02838
BAIUIY A. KRONTHAL, ISQUIRIl
Pa, supreme COurt 1.0. No. 55672
POULlUlOD, RIlYNOLDS , HAVAS
101 Pine StrHt
Poat Office Box 932
Harriaburo, pennaylv.nia 17109-0932
Telephone.
Fax I
(717) 236-3200
(7l7) 236-6963
Attorney for Plaintiff I
MICHAlL CHITTlSTIR
MICHAEL CHITTESTER,
Plaintiff :
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.q4- IJs'5J (It \)-~ l 0r.-.....
CIVIL ACTION - LAW
} f"-'
v.
.
.
LOUIS CAPOZZI, JR.,
Defendant
.
.
KOTICI
YOU HAVE BEEN SUED IN COURT. If you wish to defend
aqainst the claims set forth in the followinq paqes, you must
take action within twenty (20) days after this complaint and
Notice are served by enterinq a written appearance personally or
by attorney and filinq 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 aqainst 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 riqhts important to you.
YOU 8110ULD TUI THI8 PAllia '1'0 YOUR LAWYD AT OHCI. If YOU DO MO'1'
IlAVI A LAWYD oa CMOfOT AJ'FORD Olfl. GO '1'0 OR TILIPHO.I HI OFFICI
81'1' FORTH BILOW '1'0 FIHD OUT WIIIRI YOU CAIIGIT Llaa~ QILP.
COURT ADMINISTRATOR
CUMBERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3387
(717) 240 6200
IfOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siquientes,
usted tiene viento (20) dias de plazo al partir de le fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sus objectiones alas demandas en
contra de su persona. Sea advisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo adviso 0 notificacion y por cualquier queja 0 alivio que
MICHAEL CHITTESTER, I IN THE COURT OF COMMON PLEAS
plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO.
I CIVIL ACTION - LAW
LOUIS CAPOZZI, JR., I
Defendant I
COIIPLAIIIT
1. Plaintiff, Michael Chittester ("plaintiff") , i. an
adult individual currently residing at 4812 Brian Road,
Mechanic8burg, Cumberland County, Pennsylvania.
2. Defendant, Louis capozzi ("Defendant"), i8 an
adult individual currently residing at 333 E. Meadow Drive,
Mechanicsburg, cumberland County, Pennsylvania.
3. At all times relevant hereto, Plaintiff was the
owner and operator of a 1986 Pontiac Grand Am, bearing
Pennsylvania registration NZL-181.
4. At all times material hereto, Defendant was the
operator of a 1992 Toyota Corolla, bearing Pennsylvania
regi8tration E85-562E, which was owned by Bobby Rahal Toyota of
Mechanic8burg.
5. On or about March 12, 1993, at approximately 7145
p.m., Plaintiff was traveling eastbound on the Carlisle Pike,
Pennsylvania, Route 11, when he properly stopped in the center
turning lane waiting to make a left hand turn into the sporting
Hill Shopping Mall in Hamden TownShip, Cumberland County, Pennsylvania.
1
6. At the aforesaid time and place, after looking for
oncoming traffic and seeing none, Plaintiff attempted to make the
left hand turn.
7. At the aforesaid time and place, Defendant, who
was negligently, recklessly and carelessly driving westbound on
the shoulder of the Carlisle Pike, drove directly into the path
of Plaintiff's oncoming vehicle, thereby, solely, directly and
proximately causing the subject collision.
8. At all times material hereto, Plaintiff, who had
the legal right-of-way, was operating his vehicle in a
reasonable, cautious, prudent and safe manner and in accordance
with Pennsylvania law.
9. As a direct and proximate result of the negligent,
reckless and careless conduct of Defendant, Plaintiff suffered
the damages hereinafter described,
COUNT I
MICHABL CHITTBSTBR
V.
LOUIS CAPOZZI
10. The averments in Paragraphs 1 through 9 are
incorporated herein by reference as if set forth in their
entirety.
11. The occurrence of the aforesaid accident and the
damages to Plaintiff's vehicle resulting therefrom were the
2
Un ZG I ',)"1 PH '9~
,
ILr1');I/
,J.~.~, ..c!
l~"j~~~ r-
,:.~h
. ~~I~,ffj
"0.-"".,-+
';l!r
ij'~'-~~i . ~~.
- >:'~::~!
,,>~r:;;"c
~Ji:ilY
f~'~'
l~~;
l:it~:\
~:{C ~
~::~'::ri
1;.\ ~,-
'{ "'/:c
~~t~~~:{-:
if I\',r
p' t: ,df}!i,,;rAhY
\'. ".LI' ~ (' "'llY
Jl~"
I'~'
4().s~
j:
~6 ~~
4)~4
~ 1085;2.
,"
Cp,
f'1J
/7.,'
~::J
oZ4l>
"
,
i
~c-"",~_......."",~,*"~__,",~~,,,~
r
-,..
,,-.........-
...........a
'~-......,....._.. .,-~--:-
. ,
1<
I .:
I '~
I':"
i \ .
I
'f'....-_
"
.
, ,
'"
iI ,
1
..
-
i
,
::t'-,.."i:!f...i
"'....t~~
.~...
BARRY A. XRONTHAL, ISgUIRI
Pa. supreme Court I.D, No. 55672
RlYNOLDS , HAVAS
101 Pine street
Poet Office Box 932
Harriebur9, Penn.y1vania 17108-0932
Telephone.
rax.
[7171 236-3200
(717) 236-6863
Attorney for Plaintiff.
KICHAlL CHITTISTIR
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2838 civil Term
CIVIL ACTION - LAW
MICHAEL CHITTESTER,
Plaintiff
LOUIS CAPOZZI, JR.,
Defendant
a.PLY TO ... OTTD UD COUll'l'DCLAIII 01'
PLAInIl'1' . IIICU.L CBITT.STD
AND NOW, comes Plaintiff, Michael Chittester
("Plaintiff"), by and through his counsel, Reynolds' Havas, a
Professional corporation, and files this Reply to New Matter and
Answer to the Counterclaim of Defendant, Louis capozzi, Jr.
("Defendant"), averrinq the followinq in support thereof:
.D OTTD
13. Denied. The averments of this paraqraph state a
conclusion of law to which no response is required and they are,
therefore, denied.
14. Denied. The averments of this paraqraph state a
conclusion of law to which no response is required and they are,
therefore, denied. By way of further answer, it is specifically
denied that Plaintiff was neqligent in any of the fol10winq
respects:
(a) in failing to yield the leqal riqht-of-way to
Defendant's vehicle in violation of 75 Pa. C.B.A.
53322. On the contrary, at all times relevant hereto,
Plaintiff acted with due care and caution under the
circumstances then existing;
(b) in failing to drive at an appropriate speed under
traffic conditions in violation of 75 Pa. C.B.A. 53361.
On the contrary, at all times relevant hereto,
Plaintiff acted with due care and caution under the
circumstances then existing;
(c) in making an unsafe turn in violation of 75 Pa. C.B.A.
53334. On the contrary, at all times relevant hereto,
Plaintiff acted with due care and caution under the
circumstances then existing;
(d) in failing to keep a proper lookout for the Defendant'.
vehicle. On the contrary, at all times relevant
hereto, Plaintiff acted with due care and caution under
the circumstances then existing;
(e) in failing to keep his vehicle under adequate and
proper control. On the contrary, at all times relevant
hereto, Plaintiff acted with due care and caution under
the circumstances then existing; and
(f) in operating his vehicle in a reckless manner. On the
contrary, at all times relevant hereto, plaintiff aoted
with due care and caution under the circumstances then
existing.
2
15. Denied. The averments of this paragraph state a
conclusion of law to which no response is required and they are,
therefore, denied.
16. Denied. The averments of this paragraph state a
conolusion of law to which no response is required and they are,
therefore, denied.
WHEREFORE, Plaintiff, Michael chittester respectfully
requests that judgment be entered in his favor and against
Defendant, Louis capozzi, in the amount of $2,542.66, plus
interest, costs of suit and any and all other relief which this
Court deems proper and just.
COUUTIRCLAIM
17. The averments contained in Paragraphs 1 through 12
of Plaintiff's complaint and the Answers contained in Paragraphs
13 through 16 of Plaintiff's Reply to New Matter inclusive hereof
are incorporated by reference herein as if set forth in their
entirety.
18. Denied. The averments of this paragraph state a
conclusion of law to which no response is required and they are,
therefore, denied. By way of further answer, it is specifically
denied that Plaintiff was negligent in any of the following
respects I
(a) in failing to yield the legal right-of-way to
Defendant's vehicle in violation of 75 Pa. C.B.A.
3
53322. On the contrary, at all times relevant hereto,
Plaintiff acted with due care and caution under the
circumstances then existing;
(b) in failing to drive at an appropriate speed under
traffic conditions in violation of 75 Pa. C.B.A. 53361.
On the contrary, at all times relevant hereto,
Plaintiff acted with due care and caution under the
circumstances then existing;
(c) in making an unsafe turn in violation of 75 Pa. C.B.A.
53361. On the contrary, at all times relevant hereto,
Plaintiff acted with due care and caution under the
circumstances then existing;
(d) in failing to keep a proper lookout for the Defendant's
vehicle. On the contrary, at all times relevant
hereto, Plaintiff acted with due care and caution under
the circumstances then existing;
(e) in failing to keep his vehicle under adequate and
proper control. On the contrary, ut all times relevant
hereto, Plaintiff acted with due care and caution under
the circumstances then existing; and
(f) in operating his vehicle in a reckless manner. On the
contrary, at all times relevant hereto, Plaintiff acted
with due care and caution under the circumstances then
existing.
4
~"~,::: ,j.;;..~:;~1.\i\~~~;l1i~>;.~t ~i6.~~:; ,; ~ .':J:l/~~:;i.f~~(\';;'"
____..........--~~~,~<4~i:.',',..\'~!F+:i:-.;,'''.'iti--~tc..~'''Ft,~''''",:;:,':,,;:~!-,i-i;;j,.~-:\.
"."-"''':.'
'~.,,"'}.f"-;.;;'~~'~."'''i..n:
~",.".i'.","...";s-"~..,,~';_c,.~,,,
Noy ~
3 40111'911
. f ~' ~ ;'.. (' I I I fj [
rF TIll i i\OI.'JIi':rA~Y
CUIHlt'II,I.Nl1 C!\!I~TY
Pl.ltljSY~\"'UI^
.'-' "''''.'-~'-''''''''--'''\
" ,.c~,--~-~..,."~.",,..;.'i~,""'_"~'~~"'-"<
>"~'~',"""........~~____:.__.__' '~:'L
" .
-,."..-,q
,
..
, ,
, -.
-
.
",.... ~
-.---
,.
-
I
..
Pennsylvania Route 11. It is specifically denied that he was
properly stopped in the center turning lane waiting to make a
left-hand turn into the Bporting Hill shopping Mall in Hampden
Township, Cumberland County, Pennsylvania.
6. Denied. After reasonable investigation, the
Defendant, Louis capozzi, Jr., is without sufficient knowledge or
information to form a belief as to the truth of the averments
contained in Paragraph 6. The same are, therefore, specifically
denied and proof thereof is demanded at the time of trial.
7. Denied. The averments contained in Paragraph 7
are conclusions of law to which no response is required. If a
response is deemed to be required, it is specifically denied that
the Defendant negligently, recklessly, and carelessly drove his
vehicle westbound on the shoulder of the Carlisle pike and
directly into the path of Plaintiff's oncoming vehicle. By way
of further answer, it is specifically denied that the Defendant,
Louis Capozzi, Jr., was the sole, direct and proximate cause of
the subject collision.
B. Denied. The averments contained in Paragraph 8
are conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained in
Paragraph B are specifically denied. strict proof thereof is
demanded at the time of trial.
9. Denied. The averments contained in Paragraph 9
are conclusions of law to which no response is required. If a
2
(c) It is specifically denied that Defendant
failed to properly maintain control of his
vehicle,
(d) It is specifically denied that Defendant
failed to keep an assured clear distance ahead;
(e) It is specifically denied that Defendant
operated his vehicle at a speed too great for the
conditions then existing; and
(f) It is specifically denied that Defendant
operated his vehicle in a reckless manner.
12. Denied. The averments contained in Paragraph 12
are legal concluaions to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
WHEREFORE, Defendant, Louis Capozzi, Jr., demands that
jUdgment be entered in his favor and that the Plaintiff's
complaint be dismissed with prejudice.
NEW MATTER
13. That if the Plaintiff was damaged as alleged in
his complaint, then those damages were caused in whole or in part
by the negligence of the Plaintiff himself and recovery in this
action is barred or diminished in accordance with the
Pennsylvania Comparative Negligence Act.
4
14. That the negligence of Plaintiff consisted of the
following I
(a) failing to yield the legal right-of-way
to Defendant's vehicle in violation of 75 Pa.
C.B.A. 53322;
(b) failing to drive at an appropriate speed
under traffic conditions in violation of 75 Pa.
C.B.A. 53361;
(c) making an unsafe turn in violation of 75
Pa. C.S.A. 53334;
(d) failing to keep a proper lookout for the
Defendant's vehicle;
(e) failing to keep his vehicle under
adequate and proper control; and
(f) operating his vehicle in a reckless
manner.
15. That the Plaintiff failed to mitigage his damages.
16. That Plaintiff's knowing and conscious assumption
of the risk led to any damages alleged and is a bar to recovery.
WHEREFORE, the Defendant, Louis Capozzi, Jr.,
respectfully requests that jUdgment be entered in his favor and
that Plaintiff's complaint be dismissed with prejudice.
5
COUNTERCLAIM
17. That Defendant, Louis capozzi, Jr., incorporates
herein by reference his Answer with New Matter to Plaintiff's
Complaint as though fully set forth herein at length.
18. That the aforesaid accident was a direct and
proximate result of the negligence of Plaintiff, Michael
chittester, which included the following:
(a) failing to yield the legal right-of-way
to Defendant's vehicle in violation of 75 Pa.
C.B.A. S3322;
(b) failing to drive at an appropriate speed
under traffic conditions in violation of 75 Pa.
C.B.A. S3361;
(c) making an unsafe turn in violation of 75
Pa. C.B.A. S3334;
(d) failing to keep a proper lookout for the
Defendant's vehicle;
(e) failing to keep his vehicle under
adequate and proper control; and
(f) operating his vehicle in a reckless
manner.
6
~r w
~>.__.v.
--_"'-""0""-"
\
~~~ _u il<Jrr 11':I
",...'""'-~--,----._~.........."""........""
~n_
AUQ 8 3 ~9 PH .,.,
t /[ il, 01 flCE
Of TIfE l'iitllIfOHOrA~Y
OUkOERlAND COUNrr
PEHN5ttVAHIA
\
-,..~
.~~,
f'\.
["'"
...... ,;: ~";;;...., ;,'?
CT......'_,._
;/f~,"
f'(f/
i ,.
(
I,'
t_",
,
i
.~..,....-.~"
_ f I',
~~i:i,;,,;;;~~~~,.~~I:i~lCAti,j;/it~i~~~t~,~,;, '.
.
" ':,'4',,_
, 'j r ~ '!I,',~
l'
'.::~C~~
ALED,OmCE
OF 11 i~ r:1')T! !ONOTAIIY
9G rES -G PlI 2155
CUI,If.,,';,.! ,'.", ('QU"'rY
. _ . lo. ,.,LJ.' 1'1
I) :r," "'II'" I"
l. 11\-)1 ..,v,,;\
.--:j-,:'
'~}:;~;I
""','-','
_;~_'i~.:Xf.'t-,
" ,'. .~/'....
:-""'--'"
-i.,-""),,
'..".-,"
, C'(:!,~}:':';;:
. ".;
f2 a~~1 /r:
c;, 5f173
4(
Cd< I '
~
0<-"';'";:.,',:'1.,:; "
':"1' ,_
1 ~,. .~
-, ~
. ~I"\'~!l,
':, ~ "'"~~:,~[:1~;f:
'-',-:"':~<",
..,.,-....,..1
"..,;-'
,-';':<:'
';::~'i1..< J
': ~-;:'~,
,"'., ,"'.'
;iJ"~':;
,.';r.,'::;,,':,
....:."'.:.
'";;:i
.;" i:i
..".
~'-~
,.--
-'/','H~!j~
,,:~>"-..
,..-.,.-.'
, 'j,'.~,j
L:.,~'~ t:<,;L/
"(//:r
,-,jc,O>_
;:-;Y'~",~~~
'~"'''~''-''-+'' ~""~'~'''''''''''."","-''~-
~",~.."...,.~
=---
"
..
, ,
-.
.
,
..
-
l
;\ ,_.t,:;"
I._.,,:~--..
SIIEIUI'F'S RE'IlJRN
CXM-1ClI'MEAL'lll OF PENNSYLVANIA.
COUNI'Y 01' CLM3ERLfIND
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-2838 Civil Term
Complaint in Civil Action Law
and Notice
Michael Chittester
VS
Louis Capozzi, Jr.
Dan iel Peiper
, SlIUtlUU()tjf: Deputy Sheriff of
CUnberland COlIDty, Pennsylvania, who being duly sworn according to law, says,
that he served the within Complaint in Civil Action Law and Notice
upon Louis Capozzi, Jr. , the defendant, at 5:28 o'clock
P .M. 2ll'Jt / EDST, on the 06 day of June , 1994 at
333 East Meadow Drive, Mechanicsburg , Cumberland County,
Pennsylvania, by handing to Lisabeth Capozzi, wife of Louis Capozzi, Jr.
a true and attested copy of the Complaint in Civil Action Law and Noticll
and at the sarro time directing
her
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs.
Docketing
Serv ice
Affidavit
Surcharge
14.00
6.16
So answers.
~~/? ~
::;::"~~'~:;;"';;>-J"",...-:.c1 .
I ~.' i-....... "
2.00
22.16 Pd. by Atty.
6-07-94
R. Thanas Kline, Sheriff
by
,~)
.!
Deputy Sheriff
~:'.Ji/
Sworn and subscribed to before 100
this .~ day of .1.,
d '. .....
. ,
19 I/lt A.D.
Fr" ("
Prothonotary
')llt't' ~ 'l(I)';,
I I 7
We, the undersigned arbicracors, having been duly appoinced and sworn
(or affirmed). make che following award:
(Note: If damages for delay are awarded. chey shall be
separately scated.)
. ,
l)c l.. .', ,/ //, J If;. '" r';/.., //;' ,<'..., ,,,' f
If. / ./ ,I /'-t.
_:J..,'l,'IJ..GG ",,,( 'J",',,,.J i"/,
rL, (~'LI.I\I/( ('i( (4 ..~....
. Arbicrator, dissents. (Insert name i: , .\4.. ,r
j".J.__. Ii /U4-- ' 'J
, /. '/' t,,,..'. @
/" -'/ Vll
._ ,~:>,{- ~_.,; (')L'"*.,~
~ Chaiman
. "fJI(r~ .(")~,(f lJ/IIh.~
'/l..((tJ ~~(~~ 1;"",2 ~1
NOTICE OF ENTRY OF AWARD ~
1-1' ,. ,,,'~
t- (.Id/ ( I' 'L."lt:;.{
.
;/o~U1
/7
( ti' f.l (. Jj {
I :I
.It
We do solemnly swear (or affirm)
che Conlticution of che United SCates
wealth and 'Chat we will discharge che
applicable. )
Date of Hearing:
,~. V" ie.,
Date of Award:
,'). 3cp h
.,.tri, l 1
lIow, che ~<,( day of ), "1
award wae entered upon che dodK8t
parties or chei: atCorneva.
)
)
)
)
)
)
)
In The CourC of Cornmon Plees of
Cumberland County, Pennsylvania
lIo.--..!lt - ) ,') 5S 19
./
OATH
chat we will supporc, obey and defend
and che Conscicution of chis Common-
ducies of our office with fidelicv.
,-', .
:;:t "t?~<:~l~n
A,t.~ ~~?-
AWARD
!-~;. ,."/c;,, t:
c/
/
(i v(
. 19)- '(. . ae ,:> <1(, J I .:1.. che above
and noeice ChBreof gIVen bY-mail co che
Arbicracors' compensacion co be
paid upon appeal:
$ ,:J';'(. (' r
If/
-
'-- J ,
.... I . I L It. I' ~. I
.., L
l /t' /'''( I,,,
Prochonocary
1:./ "'-,/A~
~ .
Depue:,
y.~
,,'
By: -:::L.l/' \
-.<~;j.J~{'.tt.~.::;;" ',1'"
FlLEO-QFFlCE.
OF iHi:: fr()1~ONOiM'f
9G MlG 26 M~ 11128
CUMUt:I'.lJ ;"J ltJUi'lI'Y
PENNS~LVAl'l\A
""c'_~""~~,,,.\ip.,,,,,,,=~.,,--,.-
! p
~--.."--",,,~
_..",,-~
..
, ,
-.
-
.""t
j
I
I ~., :
.,
tI
..
:;--