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Home My WebLink About02-3495JOHN BAUMANN, Plaintiff ROBERT W. URIAN and NATALIE DUFF Defendants : IN THE COURT OF COMMON PLEAs OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : No. O_a -a't~ $ CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you mast take action w' ' are served, by entering a written an,o lthm twenty (20) da s after hie r~ .... - -rr~arance personally or b-, -- y t...~ .~n?lamt and Notice Court your defenses or objections to the chi ~ · ~ : attorney and filing in writing with the to do so, the case may proceed without you ~g! fo? against yoa. You are w~ ~,~,:~ ~. _ ,mu ujUagment may be entered ~ ' e,~ ~,,at nyou tall without further notice for any money claimed in the Complaint or for any Other claim or relief _ against you by the Court requested by the Plaint/ff. You may lose money or property or Other rights important to you. YOU SHOULD TAKE TH~s PAPER TO y .a~L~ER OR CABOT AFFO~ O~ O~L~^ W~ER AT ONCE. ~ ¥o--^ ..... or~gow TO FIND OUT ua~er,,- ..~7: U~' uo ~0 OR TELEPHONE Tim: .-..~.~ c~t~ HAVE .... ,~,x~ xuu CAN GET LEGAL HELP. --~ ~rmul~ SET FORTH Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 JOHN BAUMANN Plaintiff ROBERT W. URIAN and NATALIE DUFF, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. ~-2- 3 TERM COMPLAINT The above-referenced Plaintiff, John Baumann, by his attorney, Karl E. Rominger, Esquire, respectfully sets forth the following cause of action: 1. John Baumann is an adult individual who resides at 1319 Spring Road, Carlisle, Pennsylvania. 2. Natalie Duff is believed to be an adult individual residing at 2250 Dusty Lane, Enola, Pennsylvania. 3. Robert Uriah is believed to be an adult individual residing at 2250 Dusty Lane, Enola, Pennsylvania. 4. Plaintiff was lawfully operating his motor vehicle on or about May 1, 2002, in Carlisle, Pennsylvania. 5. At or about the intersecting roads of Hanover Street and High Street, Plaintiff was struck by Defendant, Natalie Duffwho did run her vehicle into him. 6. Said vehicle struck in such a manner as that the Plaintiff's left front was struck by Defendant's automobile, at which time, Defendant sped away. 7. Natalie Duff was not properly licensed to drive and upon information and belief, her drivers license was suspended as a result of a DUI or ARD. 9. Upon information and belief, Robert Urian, the vehicle owner and paramour of Natalie Duff did allow Natalie Duffto use the vehicle at a time she was not licensed or permitted to do so. 10. Upon information and belief, Defendant Urian had actual or constructive knowledge of Natalie Duff's history of unsafe driving and license status, and therefore should not have entrusted her with the vehicle. COUNT I. JOHN BAUMANN v. NATALIE DUFF 11. Previous paragraphs are incorporated by reference. 12. Defendant Duff had a duty to Plaintiff. 13. Defendant Duffwas negligent in that: (a) She failed to yield; (b) She failed to stop at the right light; (c) She failed to keep an assured clear distance; (d) At the time of the accident she was violating Title 75 as it regulates the operation of a motor vehicle; and (e) She was otherwise generally negligent. 14. Plaintiff's vehicle, a 1989 Chrysler New Yorker four door sedan, was totaled as a result of this accident and Plaintiff is entitled to the value of the same. 15. Plaintiff's sustained physical, mental and emotional injuries, including pain, suffering, nervousness and the like for which Defendant's negligence was the sole cause. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in his favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. ..COUNT II. JOHN BAUMANN v. ROBERT URIAN 16. Previous paragraphs are incorporated by reference. 17. Defendant Uriah knew or should have known that Natalie Duffwas not a safe driver. 18. Upon information and belief, Uriah did know that Natalie Duff was not licensed to drive. 19. Defendant Urian was negligent in entrusting a vehicle to Natalie Duff on the day and time in question. 20. Defendant Urian was per se negligent in that he violated Sections 1574 and 1575 of the Vehicle Code. 21. As a result of Robert Urian's negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraphs 14 and 15 of Count I and the same are hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in his favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Date: ~"~/ Karl E. Rominger, Esq. Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 falsification to authorities. 1 verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn JOHN BAUMANN, Plaintiff Vo ROBERT W. URIAN and NATALIE DUFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3495 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Robert W. Urian, with regard to the above-captioned matter. Respectfully submitted, Date: Brian N. Zulli, Esquire Attorney I.D No. 85948 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICI::: AND NOW, this 26th day of August, 2002, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire 155 South Hanover St. Carlisle, PA 17013 JOHN BAUMANN, Plaintiff Vm ROBERT W. URIAN and NATALIE DUFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3495 CIVIL TERM TO: John Baumann c/o Karl E. Rominger, Esquire 155 South Hanover St. Carlisle, PA 17013 NOTICE YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 JOHN BAUMANN, Plaintiff ROBERT W. URIAN and NATALIE DUFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. ., .. NO. 02-3495 CIVIL TERM ANSWER AND NEW MATTER AND NOW, comes the Defendant, Robert W. Urian, by and through his attorneys, Nealon & Gover, P.C., and in response to Plaintiff's Complaint, avers the following: 1.-2. Admitted upon information and belief. 3. Admitted. 4. Admitted upon information and belief. 5.-6. Denied pursuant to 1029(e). 7. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and specific proof is demanded at trial. 9.[sic]-10. Denied pursuant to 1029(e). COUNT I - JOHN BAUMANN v. NATALIE DUFF 11. Answering Defendant's paragraphs 1 through 10 are hereby incorporated by referenced as if fully set forth. 12.-15. These paragraphs are directed at Defendant Duff and not the Answering Defendant. Therefore, no responsive pleading is required. COUNT II - JOHN BAUMANN v. ROBERT URIAN 16. Answering Defendant's paragraphs 1 through 15 are hereby incorporated by referenced as if fully set forth. 17. This paragraph states a conclusion of law to which no responsive pleading is required. To the extent that this paragraph and the averments contained herein are construed as factual, they are denied pursuant to 1029(e). 18. Denied pursuant to 1029(e). 19-21. This paragraph states a conclusion of law to which no responsive pleading is required. To the extent that this paragraph is deemed factual, it is denied pursuant to 1029(e). WHEREFORE, Defendant, Robert W. Urian, respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff John Baumann. NEW MATTER 22. Answering Defendant hereby incorporates the Answers to Plaintiff's Complaint paragraphs 1 through 21. 23. Plaintiffs claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. 24. Answering Defendant had no knowledge that the other Defendant, Natalie Duff, was not licensed at the time of the accident. Date: Respectfully submitted, NEALON & GOVER, P.C. Attorney I.D No.8594,8 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant Urian VERIFICATION I, Robert W. Urian, verify that the statements made in the foregoing Answer 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: 15,~-bert W. Urian CERTIFICATE OF SERVICE AND NOW, this 30th day of September, 2002, I hereby certify that I have served the foregoing Answer and New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire 155 South Hanover St. Carlisle, PA 17013 JOHN BAUMANN, Plaintiff Vo ROBERT W. URIAN and NATALIE DUFF Defendants Rule 1312.1. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-3495 CIVIL TERM The Petition~for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Karl E. Rominger, Esquire counsel for the plaintiff in the above captioned action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the plaintiff in the action is less than $25,000.00. The counterclaim of the defendant in the action is None. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Karl E. Rominger, Esquire, Rominger & Bayley Law Offices, Brian Zulli, Esquire and Nealon & Gover, P.C.. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ubmitted, Karl E. Rominger, EsqUire Attorney for Plalmiff ORDER OF COURT ~,f~,AND NOW, ~/~b/'2 200~-in gonsi~era,tion, of.~he foregoing/petition, ,~t~/~'_~J ,Esq., 2Z~z./J~o--J, Z0-~.~,r'_~r',tr~--ff, Esq:and. . .~_-~ ff~rd ~7~,~,~,~.~ d , Esq., are appointed,~ . . .arbitrat°rs ~n the above captioned action (or actions) as prayed for. f~/] A ii. A By the P.J. Plaintiff VS. Defendant~5' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.-~:~85 CIVIL TER~ : : Jury Trial Demanded OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~./_AA/~ ] ~ ~/~t_./[/V~ Chair ~-~-.._-.~- 3 Nc'~/ ('°)/Pt ~S~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date ofHearingL ] ~? Date of Award:_ ] t~ , Arbi~ator/,/dissents. (~r~e if a~icable.) NOTICE OF ENTRY OF AWARD Now, the /0~t..)Xday of ~9rcco-r~,./ , 200~, at //.VS-~.m., the above award was entered upon the docket and notice tl~ereof give/[ by mail 'to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Prothon, ot~ By: c-~gt~ Deputy JOHN BAUMANN, Plaintiff ROBERT W. URIAN and NATALIE DUFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3495 CIVIL TERM NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is hereby given that Robert W. Urian appeals from the award of the board of arbitrators entered in this case on February 10, 2003. A copy of the award is attached hereto and incorporated herein by reference. A jury trial is demanded [~]. I hereby Certify that the compensation of the arbitrators has been paid. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Brian R. Sinnett, Esquire Attorney I. D No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant Urian Plaintiff Defendant~' : IN TIlE COURT OF COMMON PLEAS dF ' cotwrvl - : NO. 2000-3285 CIVIL TERM : : Jury Trial Demanded OATH, We do solemnly swear (or affirm) that we wili support, obey and defend the constitution of the United States and the Constitution of this Commonwg~i~ ~n~ci '~fi'~t'-~g"~ii diSchhi-~d'the duties of our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) DateofHearing:. ] 0 ~"~M~/"~ t~a Date of Award: d~ f&--~24/t- ~ , Arb~issents. (~---~qe if a~icable.) NOTICE OF ENTRY OF AWARD Now, the /0t]~day of -~.~£~.o.r',/ , 201/5, at //'95-~.m., the above award was entered upon the docket and notice tl{ereof giveffby mail to the parties or thei-~-attomeys. Arbitrators' compensation to be ~Y/'q~ly'~ ~. /aT~ paid upon appeal: COPY FRoM RECORD Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this 27th day of February, 2003, I hereby certify that I have served the foregoing Notice of Appeal from Award of Board of Arbitrators on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire 155 South Hanover St. Carlisle, PA 17013 Eileen S. Smith, Secretary C~ PP,~kECIPE FOR LISTING CASE I;~)R TRI~{. (Must be typewritten and suh~nitted in duplicate) TO THE PNOTHONOTARY OF CLI~BERLAhD COUNTY Please list the following case: (Check one) (xx) 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) John Baumann (Plaintiff) Robert W. Urian and Natalie Duff vs. ( Defendant ( check one ) ( ) Civil Action - Law (x) Appeal from Arbitration ( ) (other) The trial list will be called on and 8/12/03 Trials coravence on 9 / 8 / 03 Pretrials will be held on 8/20/03 (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. n? Indicate the attorney who will try case Karl E. Rominger, Esquire Civil 3495 ~ for the party who files this praecipe: Indicate trial counsel for other parties if known: Brian Zulli, E~,~.,{ Nealon & Gover, P.C. Date: This case is ready for trial. Signed: ....~ ~ Attorney for: p!=_iutiff JOHN BAUMANN, Plaintiff ROBERT W. URIAN and NATALIE DUFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -. LAW NO. 02-3495 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THEPROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Robert W. Urian, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICI= AND NOW, this 16th day of June, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire 155 South Hanover St. Carlisle, PA 17013 Eileen S. ;Smith, JOHN BAUMANN, Plaintiff VS. ROBERT W. URIAN and NATALIE DUFF, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY"LVANIA CIVIL ACTION - LAW 02-3495 CIVIL 1N RE: PRETRIAL CONFERENCE Present at a pretrial conference held August 20, 2003, were Karl Rominger, Esquire, attorney for the plaintiff, and Brian Sinnett, Esquire, attorney for defendant Robert Urian. This case involves a claim for loss of property and property damage as a result of an automobile accident that occurred on May 1, 2002, at the intersection of Hanover and High Streets in downtown Carlisle, Cumberland County, Pennsylvania. The parties to this case agree that the codefendant, Natalie Duff, was negligent and that her negligence was the cause of the accident. The plaintiff's theory is one of negligent entmstment and specifically that Robert Urian permitted Natalie Duffto drive his car at a time when he knew that she was not a safe driver and/or that she was not licensed to drive. The case was previously endorsed with a request for a jury trial. In the event that counsel decide to try the case without a jury, they are directed to notify the Court Administrator immediately. This otherwise uncomplicated case should be of no moire than one day's duration. The usual number of jury challenges will pertain. K~f,~A. Hess, J. Karl Rominger, Esquire For the Plaintiff Brian Sirmett, Esquire For Defendant Urian Court Administrator :rim ROBERT BAUMANN, Plaintiff VS. ROBERT W. URIAN and NATALIE DUFF, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : 02-3495 CIVIL IN RE: NONJURY TRIAL ORDER AND NOW, this ::r ~ day of September, 2003, a~; the request of counsel for the parties, the jury trial scheduled for September 8, 2003, is cancelled, and a bench trial is set for Thursday, December 18, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THECOURT, ~l(arl Rominger, Esquire For the Plaintiff ~rian Sinnett, Esquire For the Defendant Urian Court Administrator oq . o q-0-3 Kevi~3~. Hess, J. / ROBERT BAUMANN, Plaintiff VS. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT W. URIAN and NATALIE DUFF, Defendants 02-3495 CIVIL IN RE: NONJURY TRIAL ORDER AND NOW, this °w' day of October, 2003, trial in the above captioned matter set for December 18, 2003, is rescheduled for Wednesday, December 17, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~arl Rominger, Esquire For the Plaintiff ~/Brian Sirmett, Esquire For the Defendant Uriah Court Administrator" JOHN BAUMANN, Plaintiff VS. ROBERT W. URIAN and NATALIE DUFF, Defendants AND NOW, this 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3495 CIVIL 1N RE: NONJURY TRIAL VERDICT / R ' day of December, 2003, after trial without a jury, the court finds in favor of the defendant, Robert W. Urian, and against the plaintiff, John Baumann, on the question of liability. BY THE COURT, ~Foarl Rominger, Esquire r the Plaintiff ~/fVlichael Ferguson, Esquire For the Defendant Urian Court Administrator Kev~.Hess, J. JOHN BAUMANN, Plaintiff ROBERT W. URIAN and NATALIE DUFF Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3495 CIVIL TERM POST TRIAL MOTION AND NOW this ~C/J/~ day of ~ ~C~l,~, ,2003, comes, John Baumann, Plaintiff in the above captioned matter and avers as follows: 1. A verdict was entered on December 18, 2003 after a trial without a jury, in favor of Defendant, Robert W. Urian and against Plaintiff, John Baumarm on the question of liability. 2. However, Plaintiff also sued Defendant, Natalie Duff, and the parties agreed that she was in fact negligent. 3. Plaintiff presented evidence on damages, in the amount of $5,500.00. 4. Plaintiff now asks the Court to amend its' verdict or render a verdict as to Natalie Duff, and enter a verdict on liability against Ms. Duff, and find damages in the amount of $5,500.00. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in his favor against Defendant, Natalie Duff in the amount of $5,500.00 and/or render a verdict to that effect. Respectfully submitted, ROMINGER & BAYLEY Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JOHN BAUMANN, Plaintiff ROBERT W. URIAN and NATALIE DUFF Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-3495 CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Post Trial Motion upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Brian R. Sinnett, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 Taylor P. Andrews, Esquire 78 West Pomfret Carlisle, PA 17013 Karl E. Rominger, Esquire Dated:/~,~,/~ ~/~,'~3 Attorney for Plaintiff