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HomeMy WebLinkAbout02-3404MIRIAM M. DAUGHERTY Plaintiff VS, SHARON Y. DARWICHE Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002- 3'/oyClVILTERM :CIVIL ACTION -LAW 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 an 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, Pennsylvania 17013 (717) 249-3166 MIRIAM M. DAUGHERTY Plaintiff VS. · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002- 3'/oy CIVILTERM SHARON Y. DARWICHE Defendant :CIVIL ACTION - LAW 1. The Plaintiff is Miriam M. Daugherty, an adult individual residing at 121 Lakeview Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Sharon Y. Darwiche, an adult individual residing at 100 Darr Ave., Carlisle, Cumberland County, Pennsylvania 17013. 3. The aforesaid Defendant owns a large gray dog which she maintains at her residence. 4. On June 25, 2002, Mrs. Daugherty was taking an evening walk with her friend Kate Ramsey in the neighborhood Mrs. Daugherty resides in. Suddenly and without provocation the aforesaid dog attacked Mrs. Daugherty from the rear and bit her in the back of both legs. Despite viewing the attack, the Defendant remained seated in her yard and did not come to assistance of Mrs. Daugherty. The Defendant only called the dog off the attack, calling the dog by the name Sasha. 5. Mrs. Daugherty received treatment at the Carlisle Hospital Emergency Roomand subsequent to that time has received physical therapy and is being attended to by a plastic surgeon. 6. The Defendant knew or should have known that the dog was a dangerous dog in that the dog had, on prior occasion or occasions, attacked human beings without provocation or had a propensity to attack human beings without provocation. 7. The Defendant was negligent and careless in not keeping the dog under control, muzzeled or confined with the knowledge of the dog's propensity to attack people without provocation. 8. As a direct and proximate result of the Defendants' negligent and careless conduct, the Plaintiff, Miriam M. Daugherty has suffered physical pain and suffering, scarring, loss of lifes pleasure, medical expenses associated with care of the wounds, as well as emotional trauma. 9. As a direct and proximate result of the Defendant's negligence and carelessness, the Plaintiff has incurred, and in the future will incur expenses for medical treatment in an amount not yet ascertained. COUNT I MIRIAM M. DAUGHERTY VS. SHARON Y. DARWICHE 10. The allegations contained in Paragraphs 1-9 are incorporated herein by reference as though set forth at length. 11. The Defendant is liable for Mrs. Daugherty's damages described herein inasmuch as Mrs. Daugherty's injuries are the direct and proximate result of the Defendant's negligence and carelessness. WHEREFORE, Plaintiff, Miriam M. Daugherty demands damages from the Defendants in an amount in excess of $25,000.00 exclusive of interest and costs. COUNT II MIRIAM M. DAUGHERTY VS. SHARON Y. DARWICHE 12. The allegations contained in Paragraphs 1-11 are incorporated herein by reference as though set forth at length. 13. The maintenance of the dog on the Defendant's property was reckless or in wilful and wanton disregard of the safety of Miriam M. Daugherty and other persons. WHEREFORE, Plaintiff Miriam M. Daugherty demands punitive damages from the Defendant in an amount in excess of $25,000.00 as well as attorney's fees and costs. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiffs I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 robrien~obslaw, com I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Miriam M. Daugherty C> , h SHERIFF'S RETURN - REGULAR CASE NO: 2002-03404 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAUGHERTY MIRIAN M VS DARWICHE SHARON y BRYAN WARD " , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served upon DARWICHE SHARON y the DEFENDANT at 100 DARR AVE at 1749:00 HOURS, CARLISLE, PA 17013 SHARON y DARWICHE on the 22nd day of ~uly__~ by handing to 2002 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service Affidavit 3.45 .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 2~ day of PrCthonotary --~ r So Answers: R. Thomas Kline 07/24/2002 OBRIEN BARIC SCHERER Dep~fty Sheriff John R. Ninosky, Esquire I.D. #78000 · OLD~, ~ATZ~%N & SHI~%~N, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Darwiche MIRI~LMM. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff VS. SHARON y. DARWICHE, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3404 CIVIL TERM JURY TRIAL DEMANDED TO "UE PROTHONOTARY: PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, Sharon y. Darwiche, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 85233.1 September 23, 2002 Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Darwiche CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~, 2002: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiff GOLDBERG, KATZMA/~ & SHIPMAN, P.C. Jd~n R.'Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 85215.1 ~c!, _ Om Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 Attorneys for Defendant MIRIAM M. DAUGHERTY, Plaintiffs SHARON y. DARWICHE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 : CIVIL ACTION - LAW OF CERTIFICATE .PREREQUISITE TO SERVICE OF A SUBPOEN^ .PURSUANT TO RULE 4009.:22 As a prerequisite to service of a subpoena for documents, and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at Feast twenty (20) days prior to the date on which the subpoenas were sought to be served; (2) Certificate; A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this (3) (5) No objection to the subpoenas has been received; and The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER J~hn R. Ninosky, Esquire v Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA '17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 228182 Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 Attorneys for Defendant MIRIAM M. DAUGHERTY, Plaintiff SHARON Y. DARWlCHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERlaND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM CIVIL ACTION - LAW OF To: NOTICE OF INTENT TO SERVE SUBPOENA TO ,PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE..' 4009.2t Miriam M. Daugherty and Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendant intends to serve five subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. Date: ..?/,~-/g) q Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER J~hn R. Ninosky, Esquire v Attorney I.D. No. '78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) ;'61-4540 Attorneys for Defendant 228182 MIRIAM M. DAUGHERTY, Plaintiff VS. SHARON Y. DARWICHE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANI') IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM CIVIL ACTION - LAW OF TO: _Carlisle Hospital _SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE ,4009 72 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you a~re ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diaqnosti~ test results pertaininq to Miriam M. Dauqherty (DOB: 7/16/38). ' at Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 DATE: SeaT'of ~e Cdurt BY THE COURT: Prothonotary/Clerk, Oivil ~visiOn (~ L Deputy (Eff. 7/97) MIRIAM M. DAUGHERTY, Plaintiff VS. SHARON Y. DARWICHE ~OMMONWEALTH OFPENNSYLVANIA COUNTY OFCUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM CIVIL ACTION - LAW OF SUBPOENA TO PRODUCE DOCUMENTS OR THINGR .FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Three Sprinqs Family Practice (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: an and all medical records corres ondence re orts and dia nostic test results ertainin to Miriam M. Dau he~ DOB~7/16/38. at .Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 1704;~. 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: John R. Ninosky, Esquire . ADDRESS: 301 Market Street .Lemoyne, PA 17043 TELEPHONE: _717-761-4540 SUPREME COURT ID #: 78000 DATE: ~')~,'"'"~V ,-:~ ,~f~',~¢2/ Seal of t~e CoUrt BY THE COURT: Prothonmary/CI,.rk, Civil Division (~ (Eft. 7/97) MIRIAM M. DAUGHERTY, Plaintiff VS. SHARON Y. DARWlCHE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM CIVIL ACTION - LAW _SUBPOENA TO PRODUCE DOCUMENTS OR THING?, FOR DISCOVERY PURSUANT TO RULE ,4009 27 TO: _Giesswein Plastic Surqery (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: any and all medical records, correspondence, reports and diaqnostic test results pertaining to Miriam M. Dauqherty (DOB: 7/16/38). at Johnson, Duffle, Stewad & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 1704;~. 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 FOLLOW/lNG PERSON: NAME: John R. Ninosk¥, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 Seal of thelCou~t BY THE COURT: Prothonotary/Clerk, Civil Division(~ L.. Deputy (Eft. 7/97) MIRIAM M. DAUGHERTY, Plaintiff VS, SHARON Y. DARWICHE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM CIVIL ACTION - IWW OF SUBPOENA TO PRODUCE DOCUMENTS OR THING,r; FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Aesthetic & Reconstructive Surqery of Central PA (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: any and all medical records, correspondence, reports and diaqnosG; test results pertaininq to Miriam M. Dau,qherty (DOB: 7/16/38). at Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 1704;~ 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: John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 DATE: Seal of tl~e BY THE COURT: Prothonotary/Clerk, Civ~ l~vislon ~ L. Deputy (Eft. 7/97) MIRIAM M. DAUGHERTY, Plaintiff VS. SHARON Y. DARWlCHE .COMMONWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM CIVIL ACTION - LAW OF _SUBPOENA TO PRODUCE DOCUMENTS OR THINGS _FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Penn's Wood PhysicalTherapy (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: an and all medical records corres ondence re orts and dia nostic test results ertainin to Miriam M. Dau he~ DOB: 7/16/38. at Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 1704;~ 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: ~John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 DATE: N~.f .~. ~¥_.)/7/' ~eal of ~e C~urt BY THE COURT: Prothonotary/Clerk, Civil D~vision~7'-' (.~ Deputy (Eft. 7~97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the .~,tJ1 day of. /~/ ,2004. Robert L O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFLE, STEWART & WEIDNER J~)hn R. Ninosky, Esquire " Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant _CERTIFICATE OF SERVIC.._~E I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the~H1 dayof_ /~31/ ,2004. / Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFLE, STEWART & WEIDNER By: Jo~n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Robert L. O'Brien I.D. No. 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorneys for Plaintiff MIRIAM M. DAUGHERTY, Plaintiff SHARON Y. DARWICHE, Defendant IN THE COURT OF COMMON PLEAS OF CUIvlBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket settled and discontinued with prejudice. Respectfully submitted, Robert L. O'Bden I.D. No.: 28351 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff