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Home My WebLink About95-01842 , . I , ~. ,d ,- () , "., 7 'If) v (: J '-, , \ \ i / ~ j ({j ::r- oo - " DONALD E. BARNES and SANDRA K, BARNES, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO, 1'6' I 't I{;J (I,LAJ--\' C ..j 1/( -VI'L- v. ANTONIO M, DIAZ NOTICE TO DEFEND 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 CONTACT: Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephone: 717-240-6200 IF YOU CANNOT AFFORD A LAWYER CONTACT: Legal Services 8 Irvine Row carlisle, PA 17013 Telephone: 717-766-8475 TRAVIS, MUSSINA, REY & HARRIS 17703 " DONALD E, BARNES and IN THE COURT OF COMMON PLEAS OF SANDRA K. BARNES, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION t:<.;.:t ~ v. NO, <7:/.11''1.1- /~ ANTONIO M. DIAZ COM P L A I N T 1. Plaintiffs, Donald E. Barnes and Sandra K. Barnes, are adult individuals currently residing at 727 Arch Street, Williamsport, Lycoming County, pennsylvania, 2. Defendant, Antonio M, Diaz, is, upon information and belief, an adult individual currently residing at 53 Fox Hill Road, Shippensburg, Cumberland County, pennsylvania, 3, On or about March 7, 1994, at approximately 3:30 p.m., Plaintiff was operating his 1988 Chrysler Landau and was stopped in a southerly direction on the ramp of SR 81, in Middlesex Township, Cumberland County, pennsylvania. 4, At the aforesaid date and time, Defendant, Antonio M. Diaz, was operating his 1988 Ford Escort in a southerly direction on SR 81, directly behind Plaintiff's vehicle, in Middlesex Township, Cumberland County, Pennsylvania, Defendant failed to stop and violently collided with the vehicle being operated by Plaintiff, Donald E. Barnes. 5. As a direct and proximate result of the negligence and carelessness of Defendant, plaintiff sustained severe and permanent injuries, including but not limited to injuries to his head, neck, . , back, arm and shoulder, and has been made to undergo great mental anguish and physical pain, from which he still suffers and will continue to suffer for an indefinite period of time in the future. 6, In order to treat the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention, and he will be required to expend large sums of money for the same purpose in the future. COUNT I DONALD E. BARNES V. ANTONIO M. DIAZ 7, Plaintiff incorporates herein by reference paragraphs one through six inclusive as though the same had been set forth at length. B. At the date and time aforesaid, the carelessness and negligence of Defendant, Antonio M, Diaz, consisted of the following: (a) operating his vehicle in a careless, reckless and negligent manner; (b) operating his motor vehicle at a speed greater than was reasonable and prudent under the circumstances and conditions, and without having a regard for the actual and potential hazards then existing, and at a speed greater than which permitted him to bring his vehicle to a stop in the assured clear distance ahead; (c) failing to have his motor vehicle under the proper control so as to prevent his vehicle from striking Plaintiff's vehicle; (d) failing to keep a proper lookout; (e) operating his vehicle without a clear view of traffic; (f) failing to notice Plaintiff's vehicle; (g) upon noticing Plaintiff's vehicle failing to bring his vehicle to a complete stop and avoid striking Plaintiff's vehicle; (h) failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; (i) operating his motor vehicle in disregard of the rules of the road, the ordinances of Middlesex Township, and the laws of the Commonwealth of Pennsylvania including but not limited to following too closely. 9. By reason of the aforesaid conduct, and as a direct and proximate result thereof, Plaintiff suffered multiple injuries, as set forth above, including great pain and suffering, wage loss, medical bills, humiliation and embarrassment, as well as such other damages as may become apparent, WHEREFORE, Plaintiff demands judgment from Defendant in an amount in excess of $10,000.00, plus interest and cost of suit, COUNT II SANDRA K. BARNES V. ANTONIO M. DIAZ 10. Plaintiff incorporates herein by reference paragraphs one through nine inclusive as though the same had been set forth at VERIFICATION We, Donald E, Barnes and Sandra K, Barnes, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief, We understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904 related to unsworn falsification to authorities. _()11/ ,Lflj) t: a:Vl~~ Donald E, Barnes , J d/u ~v r: ,Q;J~/'D Sandra K, Barnes ,.j " VI V) -...::, ..'1 \/) ." ~ ~ ~ .. ~. " - -, -- "'- L", .. ~ './) ....' ". ,"", ~J ~, = ,'-' '\-< "" .. l , - \~- ~ " !'II .... '- --.::::;- -", f "i "-\0 ~ "=- (~-: c::; ~ ~\ II t-: I, ! IT'" fiF. !'Uhii CASE UO: lqr:I~"Ol.~i.,L._ p COtIMOIlWE.\l.TII 01' P !': 111I ,e: Yl. '.' t. t1,! A: COIJI/TY UF t:L!tlllEhLtdll> ~l/\Jlli~:"~...!-.";!lMr'_E ET i\ I, v':.~ . pH;: MITOl/lf.l 11 _B.QQ!;I\ T I",,_L.IJ!L<J..._.?::L,.. ___'__ d. ..,." :;:h.-r 1 t'J ur [1':'p',Ji._t' ~~h('I.l if of CUHBEf\LAUD Count.;" F"'nll::;yt','dlll J, 'tIhl'l bl:lru,l dill}' :i'wlC1In dl:".l~()rdlnu t.o lnw, :.;:tY~J, t.h;il h", ~3PclJ,-,d t.hl.' wlt.hln . (,11M.!",!..!'! lIT_ ._.__' Il pon ..PJ.t.,:::...MIJ:n.lll ~1)1 _. t.hl;"l dQit'ndiJnt., ,1 t L';;.(~~1J,QH.!. ilrJUHS, un I hl.:- J'~_h. do'" f:'.f 1'ldY. -- ..----.--.' 1 9~_~. u t .._.~~I_:J __f.C! )LJt IIJ;~___f3 UhI!__.._._ _. _____________~.________~_._.._.._". SI11.!'P~;!IS,!1JJll.GJ__I'J,_.Lz.:::~!..:~__._.__,_.._...._.__ ,.__'" ...,., .._. .....__.__.. Ll!m1J:nUill,'L...___. Counl)'. P"'f1rtr;yl '/'1I11a, I;y handllHl to !<YIU,_ i'-'-^;~L__w..lJ~r..'O'L.!\.llJ.lJl/]g_.JL_ ..nH:______.____._.,.___.. . __._,__,___~_ _...... _ u..._~___._+___._.__ .__,__.__.__.~_,____..__________,.,,_~ '-l t f"l)(,' and att..:.:~t_I:..,rj (~PP'l (,f f.h;> ____~~-{-l!Lt~J,_bJIrL....__.._ _ _ _, _.~. _'~h.._'__'__.".__'-~"~_'_'_____"__' "nd at t ~ I .:. r.:.~l.rn,-. tilll(;' dlrf.',-:tina !k~L :It.'.C'nt.l~~ICl to ll10 conlecltD tllercof. SllCJ-ii!'s COGt~: nocl';t~t i no Serv let':' lIt (1<:1".)tl SUI"ch::jrqe In. n'J 1t.7E . !JO ::. v'it' :_'1.'\ :ifl::;WI~- r c : ;-~;;}t;;::".;".<. _/~~ . !\t:--- 'rll~) 1111.1 ;1" J\T1-i~~ r- .SJ1~.;-rI-r f-'--~~-~._-- :'~, 1 ;"';"3' TIIOIIA::; W(,F!-Tllsr.'1I11 [(IT l~'_-i; 0';;; 1,;,,;,1:, 11;' "~C;~~I_,'.~~1-fT~:2~:_ C/ I.',,'PU ;)' ;;111':'1- J S""r;:lr-n and ;-::ubr~cr 1 !)I>j t ':' L ,--' f ('I'. 1:.,' ,,- ,. till;: ,_d-.'t. -:. ',!l \' "J ''', a-; I'."' ?/ ." ., i\. I'. - ~~ 7'~i (L}?:~f,::. . M1'0' , ~ I, I I ! i " DONALD E. BARNES uud SANDRA K, BARNES, his wife, Plnil1liffs IN TIlE COURT 01' COMMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA CIVI L ACTION I. NO, 95-1842 ANTONIO M. DlAZ, Defendnnt PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark litis aC1ion in tlte ubovc cnptioncd matter settled and discontinued. RIEOERS, TRAVIS, MUSSINA, HUMPHREY & HARRIS //} ,/' "./~ / 2 J.7/7 / If ;: omas Waffenschmidt, EsqUire V Attorney for Plaintiff 1.0, No. 59214 / P.O. Box 215 161 West Third Street Williamsport, PA 17703 (717) 323-8711 '- 0 , i ,.... .. /:: lJ , .;' , ! i , , " c: I , , -"::, i~.l l' l~J , . l'~- I , , I " .. , ,- ....- : ~l , c:; lj '" , , .'