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Home My WebLink About96-00328 I \ ~ I 0 \.. ,.+ ~ .CJ -- Z , I I . "7 ~\ f t J eol (01 rr;1 i I f ...31 al .) 0: Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE CIVIL ACTION - LAW Plaintiff v. No. 4~ - 3J.8" CL~...:f. ~''l.-1l..) SALVATORE A. NICASTRO JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND AND CI AIM RIGHTS 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 10 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. CUMBELAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deue presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections iI las demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 NO TIENE ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAjO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBELAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 1701 J (717) 240-6200 ~,j~ Ii " !v~ .~ David W. Knauer Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsuurg, PA 17055 (717) 795-7790 Date: - 2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE CIVIL ACTION - LAW Plaintiff v. No. SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff Norma G. Stone is an adult individual with an address 24 West Siddonsburg Road, Dillsburg, Pennsylvania. 2. The Defendant Salvatore A. Nicastro is an adult individual with an address of 2B6 Bradley Circle, New Cumberland, Pennsylvania. 3. At all times relevant herein, the Plaintiff was a passenger in 1964 Ford Bronco II owned and operated by Pomela H. Slone. 4. At all times relevant herein, the Defendant was the owner and operator of a 1967 Honda Accord LX. 5. On or about February 23, 1994, at approximately 8:20 A.M., the Ford Bronco II was proceeding lawfully in a westerly direction on Route 114 in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania. 6. On or about February 23, 1994, at approximately 6:20 a.m., the Defendant was traveling in a easterly direction on Route 114 in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania. - 3 - 7. At the aforesaid time on the aforesaid date, Pomela H. Stone, the operator of the Ford Bronco II, saw that the Defendant was approaching her vehicle at an unsafe speed for the conditions then and there extant. 8. Pomela H. Stone saw the Defendant crossing the center line and pulled her vehicle onlo the berm on the extreme right. Nevertheless, the Defendant's vehicle struck the Ford Bronco II. 9. The aforesaid collision was caused solely by the carelessness, recklessness, and negligence of the Defendant in that he: (a) failed to operate his vehicle at a safe speed for the conditions then and there extant; (b) failed to see the vehicle in which the Plaintiff was a passenger approaching; (c) failed to maintain his vehicle in the easterly lane of travel and crossed into the westerly lane of travel and onto the berm; (d) failed to avoid striking the vehicle in which the Plaintiff was a passenger; (e) struck the vehicle in which the Plaintiff was a passenger; and (f) was other negligent. 10. As a result of the carelessness, recklessness, and negligence of the Defendant, the Plaintiff suffered severe in sundry injuries to her person. -4- "".d:':':~~~ , , .. 11. As a result of the carelessness, recklessness, and negligence of the Defendant, the Plaintiff has suffered the following losses or elements of damage: (a) past medical expenses; (b) fulure medical expenses; (c) past pain and suffering; (d) fulure pain and suffering; (e) past emotional distressj (0 fulure emotional distress; (g) past loss of enjoyment of life; (h) future loss of enjoyment of life; (i) future limitation of economic horizonsj (j) any and all elements of damage provided under the law of the Commonwealth of Pennsylvania. 12. The Plaintiff has a full-lort option insurance policy that was in effect at the time of the accident. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount f an~ato~ r,ferra!}o arbitration. ';' IJ( ~ David W. Knaue, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Dale: ~~ {l 0 ~ {19t - 5 - . . VERIFICATION Subject to the penalties of 18 Pa.C.s.A, 4904 relating to unsworn falsification to authorities, I hereby certify that the facts in the foregoing pleading are true and correct to the best of my information and belief. Date: / - 7c?' - ~ (- -7~/1~ AI Jt;?c.c.- f ~ I: ,~ ~~ ~1 ~tj.~ .1t ~ , "'\ r~~:) f;: ~i ~ ("") I:; ~ 1i~ (' ~ <:J '-,:.0 (>I ....;. - i ':" ~_~" ~ 'ILl ." .::l- luL' o~ :'. :~ :1. ~ ( ).: ~.! ;'.~ . '0 N') ~~n ~J: ~ :~ "'" .;....: -'0';.' g .~ "ll: ''''<- ; ~ ~ ~ : ~ ,.~ ~ tJ"6 ('oJ ,,1 C> ~~ cr'" :-" ; .! ~ ~ "::J- li) l.t) F ~ " , :::t--- ~' ~ ..:::..... ~ .~ . ", ,- I') "t :8 . : '-' . .' " . . (,'. . . u . . . . . : . i ! I , I '.~'~-~"'-"".- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE CIVIL ACTION - LAW Plaintiff v. No. 96-328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Reinstate the Complaint in the above mailer. P~~f!j{~ Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Dale: ~r! ;)tJ/ (7'1 G -,. i I. '" (., I,. " l.' I I r:." "J , . ,. " .j ...' ....It{ol'9....'~''I...,.('I'.....rli''. c-...(HOJi_....,llJI"I',.,., Q Ul E z . ~ ~ 0 '" a: . ~ '" z <( . -c ~ ~ . ..J ~ III 0 11\ ~ . ... ~ . >- 0 -c z VI '" u VI 0 Z J >- ~ z . ~ .J . w w .J 0 z X D. ~ III ;; a: ~ ci ~ 11\ 0 0 w z a: D ~ 1= ;:) 0 M .J . -C m <( . .. VI U . f'l a: a: -C :r - t" " ...... ~ . NORMA G. STONE, I IN 'l'BB COtJR.T or COMMON PLBAS I CUMBERLAND COtJN'l'Y, PBNNSYLVANIA Plaintiff I v. I CIVIL AC~ION - LAW I I NO. 96-328 CIVIL TERM SALVATORE A. NICASTRO, I I Defendant I JURY TRIAL DEMANDED ENTRY OP APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Salvatore A. Nicastro, in the above captioned matter. Respectfully submitted, CALDWELL & KEARNS By: a.Hh G ~ Iv~CLCJr es G. Nealon, III, Esquire torney's 10 #46457 3631 North Front Street Harrisburg, PA 17110 Attorneys for Defendant Dated: March 5, 1996 67789-1 . _" ,__~ ..L~ CERTIFICATE OF SERVICE AND NOW, this 5th day of March, 1996, I hereby certify that I have served a copy of the within Entry of Appearance on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 c~ G ,(J,Ut&'l J s G, Nealon, III, Esq. 67789-1 Q fJ) E z . .. 0( 0 w 0: .. ~ w Z <( . 0( a: ~ . oJ .. IIJ 0 on ~ . l- . .. ~ 0 0( z 16 u III 0 z " >- a: Z .J . ~ ... . ... .J 0 z . Q. .. IIJ ~ II: a: 15 ~ ~ 0 0 w I- z II: 0 I- ;:) 0 ?- M m .J . 0( <( . .. III . M ii: U II: 0( l: j' ,") \:'-' "! C'I Ix: c..j '.. , ' r;'~", ~', L...' I" :_J '- ", ~ NORMA G. STONE, I IN THE COURT OF COMMON PLEAS I CUMBBRLAND COUNTY, PENNSYLVANIA Plaintiff I v. I CIVIL ACTION - LAW I I NO. 96-328 CIVIL TBRM SALVATORB A. NICASTRO, I I Defendant I JURY TRIAL DEMANDBD PRELIMINARY OBJECTIONS OF THE DBPENDANT, SALVATORE A. NICASTRO 1. On or about January 23, 1996, Plaintiff, Norma G. Stone, commenced this action by filing a Complaint. 2. Plaintiff seeks compensation for injuries allegedly suffered as a result of an accident that occurred on February 23, 1994, on Route 114, Silver Spring Township, Cumberland County, Pennsylvania. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKB 3. Paragraphs 1-2 above are incorporated herein by reference. 4. The Complaint contains the following allegation of negligence: 9. The aforesaid collision was caused solely by the carelessness, recklessness, and negligence of the Defendant in that he: (f) was other negligent. 5. Boiler plate allegations of negligence by Plaintiff are impennissible under Pennsylvania law. aae e.g. Connor v. Allegheny General Hoapital, 501 Pa. 306 (1983). WHEREFORE, Defendant, Salvatore A. Nicastro, urges this Honorable Court to strike paragraph 9 (f). PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC COMPLAINT 6. Paragraphs 1 through 5 above are incorporated herein by reference. 7. Paragraph 10 of the Complaint states: As a result of the carelessness, recklessness, and negligence of the Defendant, the Plaintiff suffered severe in [sic] sundry injuries to her person. Plaintiff should be required to list the precise injuries which she claims to have suffered as a result of the accident. 8. Paragraph 10 of the Plaintiff's Complaint violates the applicable Pennsylvania Rules of Civil Procedure regarding contents and avennents in pleadings. WHEREFORE, Defendant, Salvatore A. Nicastro, urges this Honorable Court to order the Plaintiff to file an amended complaint stating with specificity those injuries that she alleges that she suffered as a result of the accident. Respectfully submitted, CALDWELL & KEARNS Date: March 5, 1996 67790-1 C/'-"~7 G. }./t.tdr-. es G. Nealon, III, Esquire torney's ID #46457 3631 North Front Street HarriSburg, PA 17110 Attorneys for Defendant By: < 'l ": CERTIFICATE OF SERVICE AND NOW, this 5th day of March, 1996, I hereby certify that I have served a copy of the within Preliminary Obj ections on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 a~ 6. s G. Nealon, III, Esq. J 67790-1 , . !' , '. H E NO: ,! ':<:"If;,-(','' :.~, \ ; CCIf.t~ln1iWE^LTH (IF rE~:~; ,{L.V_,.~h !t~: C(ILlrl1'Y IjI: (-tJMDERt~^~lr ":;,!,i"iHF' rtlJHl't1\ G l'r- '_J. H J ': t\~; TJ\O __~".b.Y6,JJI.RL.lL_______.,_.__ _f-;" _.JJ~9_fll.~i:L.l':1,l.f!!,L__._.".._~.. , ' . Shf-.!! .Iff. ",'h',l bf"lnn duly !"WOftl ;j'':c~Drdlnq ':" 1,lw, ;,.~;:ji!;:"';, that tit:" rn;vJ~-;> ~l ,jlljf.-i~:'nt ::;'.'~Jr'::h "r,d ...nqulr)' frlI tht, wlt,hlf"1 n':Jfl":":! ,j('ff?Ildant.. tu \I,tt: _lLt~.A;;J'J:~I~~.__1?_.~j.-Y_D_Tr!.HJ:~_,--~. but W~~ un~ble tc 10catc .. ..H .l ~i: dt:.oputJ::O:,.j ttlt? EIH-:'I-lii l~f 3QRr: t(, :::'~'r'.'(: the wit.h_in ._C;'c!i'p:L^I!lT i~ln tlacctl __f.~~.h, t':{9f:,'_ t.ho:o 'Jt, ~_al:'hf~"d rl::~t.\Jl r. f:'om __~._._._._~<__LC2!~t:..__.. Stlcrlii~~ Co=ts: rl 'J';- ~:e t ~ n,_. 'j!J. (, i C ,',"1) r: t'l '~;urcrl:lrcJt. y,)! k I.'c,un t, r 1 t~. P';i C~}. c:(, :~. 00 :,-1. 1;2- ~6J:SE (IAVif, KNAi.!E!~ :71'},' t~,:J i 1-:" W'-;'ffi 'j;,d ~~\lv:'::,:"r.lbl;~'d t(, '':''-1'(jr':.~' """ It- \. f. ;.'- II ,~,':; y -?(, (" [" Q.F.,,{;:,?~C~.r ~, ,. ., ", ',',\" I t Af4.u/.....l .1 n r; 1 ;.e; b ,j i 11 w..; '~~k. l-h:.' tJlt':':'l'~:'f('I't' C';~unt~.., Pt:-!:!I::;yl'.'.,Hll I. . t,!ll'.,::;,itl.f:'..' ""dt.~ ....1 l'i!:"'~',1-pt (..( j' \> \) 1:; r ',-'on:...:yl\-',J.!'l: .1. ~, t~. . -''''.'~ '01""", . """.?' ,./ .' ',/ ,.- "I' t/~ __ ,,' .,,' '(, ~""":"""l""""'" .'-<J- "f'" ",..-::",,,_,'" ~,1. '::'(1,,' ""T"r,""i-,""--~,';-.T-:")rTt"-- . .' ,..,. .'f ,.""..',, .'" .' :1., 'T~"1e .Court or C.:mmO:i Fle:s OT C:.Jr.-::'-:.:It'i:nd c.;,::u:-:~'Y, ?snr:syl'l::r:i:: Norma G. Stone VS. Salvatore A. Nicastro.' :qo. qfi_l?R Ctvi1 TpTm ::a_ :iow. .1AnllArv 10. )qgfj ~9---. 1. S<:"-::'"":I~~ ---- 0- f"~G-:-:OT ""' CO.....,-v :u .l ;! w..-' __~'u '""_, _ _, ...... -.Q ::::by c...::u= = ~~.:i oi York ~u:t7 :0 =--=:: ::is ',V:::, .., ... . .:' . .. 1 :::s =--=u:::cu ...~!1'" -.. - ~ == ::::u= :':Q :".J.K. OL . -, . :::.: :n..:_:S". ?","qe::,.~.,r.: '~ f -I.. She..-~ :t C' er..:u:d C.:n::rr, :'3- . Affidavit or Se:-nc:! :-;'ow, February 12, !!? 96 6:30 o\~.!cc P. ',L 1:-.-:-.:i . ... ~= ~t::D Notice & Complaint ~poll Salvatore A. Nicastro ~; 288 Bradley Circle, New Cumberland, PA :y:.:u:c::q:o Salvatore A. Nicastro J. true and attested cpr ai :::: =:,.::'_.1 at 288 Bradley Circle, - New Cwnberland, PA .. md -~':. k::awn :0 him . " == ..::=:=::s ====L So :1:SW=, / /~'-'t/~_ ( Shc:a' .1 . York CoUA'CT. ?:.. Swcr: :me! r.:i=-J:.:d bdcr:: . . . .".l_ . March =::.:::.s~~?ot l!?~ CC:H.;) ::.c..'l."\iICZ ~cru..-\GE A::: uJAVrr oS 18.00 14.88 2.00 . S 34.88 . Not.ll1al Seal Mpllllsa J Gro~.:.. NOlary PubliC YCflo. YC'" COIJl\ly l~,,. C"onlm'<,.-.n I 'I'll"; Ap:.120. 1~~R ,_0..-.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE CIVIL ACTION - LAW Plaintiff v. No. 9{)-328 Civil Term SALVATORE A. NICASTRO JURY TRIAL DEMANDED Defendant NOTICE OF DEPOSITION Please be advised that on September 20,1996, at 10:00 a.m., the Plaintiff will take the deposition of Salvatore Nicastro at the offices of Angino & Rovner, P.c., 4503 North Front Street, Harrisburg, Penl"sylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are requested to have your client present at the specified time and place. You are invited to attend and participate in this examination. Respectfully submitted, DAVID W. KNAUER, P.c. Date:I1~/0/?9t ~'J 'I/~ Jtllm~ 6G W avid W ~ Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify thaI I did this 15th day of August, 1996, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 (for the Defendant Nicastro) Michael E. Kosik, Esquire Angino & Rovner, P.c. 4503 North Front Street Harrisburg, PA 1711 0-1708 (for the Plaintiff Pomala Stone) 1Jj/d.!!k~ Allorney for Plaintiff Allorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ~ (;; i~ ~S"' ~:- g"(' C r:. c -lJl II [;1:: ~: ~ l'to - U"> o c' In '" '..-' "-) )~ .~ ..:,... -.J . ")::j .<~ .[J" 1":" .:~ .:ji.;: ~. (J c:-: u.. o N ,. < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE Plaintiff CIVIL ACTION - LAW v. No. 96-32B Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED To: James G. Nealon, III, Esquire Salvatore A. Nicastro NOTICE OF DEPOSITION Please be advised that on September 2, 1997, at 2:30 p.m., the Plaintiff Norma G. Stone will take the deposition of Salvatore A. Nicastro at the office of James G. Nealon, III, Esquire, NEALON & GOVER, 301 Market Street, Harrisburg, Pa. 17101 before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are requested to have your client present at the specified time and place. You are invited to attend and participate in this examination. You are requested to bring with you any and all records, documents, and information howsoever retained that can be reduced to writing or printing and to bring it in the written or printed format. ....... j " '. This notice is a duces tecum subpoena. D",(l~ e11,fflI fl~QrJ t~,-< David W, Knauer ' Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NORMA G. STONE Plaintiff CIVIL ACTION - LAW v. No. 96-328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 21st day of August, 1997. serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 ~d..~~ Jak- David W. Knauer Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg. PA 17055 (717) 795-7790 ..-..>.......~ iT. ('oj ?:; ~ if. , ~- lu9 M ~-,~ n-~ (,), L):';~ [i:_(: a.. :\>j ~r:- - , ' ". ,I) (, '-,~:? Ult. ('oj fl!l_: 1 !.-~ ,;-,,~ r- ::.: t;:Q... ,'- ,.... :::l 0 en U NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 96.328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED ORDER AND NOW, this /('" day of f?11'" . 1998, upon consideration of the attached Petition to Withdraw. it Is hereby ORDERED and DECREED that a rule to show cause Is Issued on the Plaintiff Norma Stone to show cause why the Petitioner herein should not be allowed to withdraw as her counsel in the above matter. Rule returnable within /0 days of seNice. /' / - /\ fA' /J P'- \' J. '" . .-.", -- ('I r tr:: H: ':"-; .-~. , \. , " f."~ \;" " (' t: I~.. (,.l' , '.:-) C'; u.' , -:!. : ,;\.1 u-. lL_ ,... :.- \', r.-' " l ) c..:' l_) . NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 96-326 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED PETITION TO WITHDRAW 1. The Petitioner is the Plaintiffs counsel in the above matter. 2. The Petitioner desires to withdraw as counsel for the Plaintiff in the above matter because the attorneylcllent relationship has irretrievably broken down. 3. The Petitioner will provide a copy of this petition to the Plaintiff by both United States First Class Mail to her last known address and by United States Certified Mail Addressee only. WHEREFORE, the Petitioner prays that Your Honorable Court will issue a rule to show cause on the Plaintiff to show cause why the Petitioner should not be allowed to withdraw as her counsel. Respectfully submitted. DAVID W. KNAUER, P.C. -' Date: May 7, 1996 v~ v d W. Knauer, suire Attorney for the Plaintiff Attorney 1.0. No. 21562 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ":' NORMA G. STONE Plaintiff v. SALVATORE A. NICASTRO Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 96-328 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 7th day of May, 1996, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon. III, Esquire Nealon & Gover P. O. Box 665 Harrisburg, PA 17106-0665 ~~AwJJ..-/d M~ Attorney for Plaintiff Attorney I.D. No. 21562 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795-7790 ~ ~~ \:>00"9 ~ ...:::.. 1rI '1 4 f >- \.tl ~ a; c': t-. ~ :--:, ,.: 6~ f~' ., .'" UJ.:. ) .:..~ ( .' (1:: ~ - -' ~; :. ~-j , ", " '0/'''', UJ:'\" .,-.'- G:\": ,.- ,.) ~.:; .:1'. \ ~j ilJ f" .- ~:~. t.l. - .r:. ~ (0 ::.) 0' u ,1998,upon NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, No. 96-328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED ORDER AND NOW, this 'I' day of .4u1""~ consideration of the attached petition, It Is hereby ORDERED and DECREED that, having no reply filed to the rule to show cause Issued on May 15, 1998, to show cause why the Plaintiffs counsel should not be allowed to withdraw. said rule Is made absolute and the Plaintiffs counsel may withdraw as counsel In this action. -2- ./1/1 f} ," '":ort; !P!r-i ;?:.J. (I) I.. ,-:; ;.~ ...-,.. .1: ...... wt;("i ~e :oj ~ ~ r:- r.S" I .::- ~ '.,..' ,', i.:h ,.~ .',r':'" it{ .)J!J ,':; :fJ ,0 ("j $'~ .'1) ::I: ~~ c:- '- ~<).,: .,.' "'i'''' ~ ~ '1 ,~ ~ 'F NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 96-328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE 1. On May 15, 1998, upon consideration of the Plaintiffs counsel's Pelltion to Respectfully submitted, Withdraw, the Honorable Kevin A. Hess Issued a rule to show cause why the Plalnllffs counsel should not be allowed to withdraw as the Plaintiffs counsel. 2. The Plaintiffs counsel duly served the Plalnllff with a copy of Its Petition to Withdraw as evidenced by PS Form 3811 which is allached hereto as Exhibit "A" and Incorporated herein by reference thereto. 3, The Prothonotary of Cumberland County duly served the Plaintiff with the Order of Your Honorable Court dated May 15, 1998. Issuing the aforesaid rule to show cause why the Plaintiffs counsel should not be allowed to withdraw as the Plaintiffs counsel In the above mailer. WHEREFORE, the Plaintiffs counsel requests that Your Honorable Court make the aforesaid rule absolute to permit the Plalnllffs counsel to withdraw as her counsel. Date: July 24, 1998 DAVID W. KNAUER, P.C. ~'O J .l~t- David W. Knauer, Esquire Allorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795-7790 ~ SENDER: 'tI _ Complete lIems 1 endlor 2 for eddlllonal seMcee. 'ii -Complele lIems 3. 4e, and 4b. II _ Print your name end eddress on the reverso of this form so Ihot wo con return this l!! card to you, ~ -Alloch this lorm to tho Iront of tho mollploco, or on Iho bock Uspoco doos nol e pormit GJ -Wrilo.Rolum Rocoipl Roquoslod.on Iho mnilpioco bolow 1110 articlo nunlbur. S -Tho Relum Rocoipl will show to whom tho Mlelo wos dohvorod and Iho dalo e dollvered, o 'tI II - II ii. E o u 3. Article Addressed to: NORMA G STONE POBOX566 NEW KINGSTOWN PA 17072 5. Received By: (Print Name) 8 6. Signature: (Addressee or Age~t,a~ , >- X ~ fl.. f, ',;: ' ,'~.. ~' en //'l.v I'/~t( .-" (. ,\......- - PS Form 3811, December 1994....... .. Cltn )~X'r..ICl\".lCi C-O. I-'CbUOi'-:j:J . I also wish to recelvo tho following seNlcos (for an oxtra fee): ai 1. 0 Addressoo's Address .~ 2, 0 Rostrictod Dolivory ~ - Consull postmaster for fee, % 4a. Article Numbor <::' tJ~q ,J ILl dU.1 ~ \" . ( ," (('fllll,{'('/ ~ 4b. SeNico Typo v--- - o Registored t;Certifled &! Dl o Express Mall Insured .E Ul o Return Receipt for Merchandise, 0 . COD : 7. ~,~le of !Jellvery ,"', /,' " ,: -; . J.I '" ~.I ',,\ 0 . ... ~. >- 8. Addressee's Addre s;(Orlly /( roqUE/sto.d " ~ and 100 is paid) \'I'\~' ....,' .::;: ':./ ~ \ '. " , .,.'., 102!.l!)~I.~JI.U-017~1 Domestic Return Receipt EXHIBIT I A NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTiON - LAW v, No. 96.326 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 27th day of July, 1998, serve a true and correct copy of the within document on all counsel of record by United States mall, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 ~o~, L-1- avid W. Knauer Attorney for Plaintiff Attorney 1.0. No, 21582 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795-7790 . (ro ~. ~:-: t~,. I Ir , " , ..-. c , .' (-, <- Co,. I, L, , - , ;. " c: ~. J 0 L' U NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW v. No. 96-328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW TO THE PROTHONOTRAY: Pursuant to the Order of the Honorable Kevin A. Hess dated August 4. 1998. making absolute the rule to show caused Issued on May 15, 1998, withdraw our appearance for the Plaintiff in the above matter. A true and correct copy of said Order Is attached hereto as Exhibit "A" and Incorporated herein by reference thereto. Respectfully submitted, Date: August 11, 1998 DAVIDW. KNAUER, P.C. j)lNlo J ~~ David W. Knauer. Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanlcsburg. PA 17055 (717) 795-7790 ./!''''!-':..~.''O-'_"''': - .-".'.~..'.' NORMA G. STONE Plaintiff Ii li:ClE Y 'iI:Ci AUG 5!l98 JUl 2 ~ '998~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW v. No. 96-328 Civil Term SALVATORE A. NICASTRO Defendant JURY TRIAL DEMANDED ORDER AND NOW, this 't.t/... day of f\.L ,", l- <.l consideration of the attached petition, It Is hereby ORDERED and DECREED that, having no .1998,upon reply filed to the rule to show cause issued on May 15, 1998, to show cause why the Plaintiffs counsel should not be allowed to withdraw, said rule is made absolute and the Plaintiffs counsel may withdraw as counsel in this action. H J -M.,L-i~ Cl._ . '}.k.......; J. EXHIBIT .2- I A NORMA G. STONE Plaintiff v. SALVATORE A. NICASTRO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW No. 96-326 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I. David W. Knauer, hereby certify that I did this 11th day of August, 1998, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 DhV1P J. liVtW/GNJ David W. Knauer ' Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 , ~ \1') (~ ~( -" <<. .- CD ~,":I 40" W.;, (-) ~, ~ ~;. :r. .") ~~ ~~/ ~-.: -" ,:-j <', In ,': ;/i r 'J>.: UJI. N ,th7 _It,. c.. ,tHCI 0:' :i w t'J~ ,- Vl .' U.. co ::) 0 /J'I U . iiq; i < , NORMA G. STONE, Plaintitt VB. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-328 CIVIL TERM SALVATORE A. NICASTRO, . Detendant : JURY TRIAL DEMANDED ENTRY OP APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Norma G. Stone in the above captioned matter. Respectfully submitted, SOBEL 920 Dated: OctobQr. 15, 1998 . \ NORMA G. STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 96-328 CIVIL TERM SALVATORE A. NICASTRO, Defendant JURY TRIAL DEMANDED ceRTIPICATB OP seRVICB I, Craig B. Sobel, Esquire, hereby certify that I served a true and correct copy of the within Entry of Appearance on October 15, 1998 upon all counsel of record named below, by the United States, first class mail, postage prepaid: James G. Nealon, III, Esquire Nealon & Gover P.O. Box 865 Harrisburg, PA 17108-0865 BY: CRAIG B. SOBEL Cra ...... .' ,. . .~ c . " i .. (" .:1 11,1. . (,. (,:' 1.... ,-j! ] , ~, ,. l' Lt!l: ,- C, i' L. " .~ L: ,- C) I ';.J>! ; OEr. - 7 10QA) ~ NORMA G. STONE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-328 CIVIL TERM vs. SALVATORE A. NICASTRO, Defendant JURY TRIAL DEMANDED RULB TO SHOW CAUSB AND NOW, this r upon day of :Jc-<...A~ 1998, consideration of the Plaintiff's Petition for Leave to Amend her civil Action Complaint, a Rule is hereby issued upon Defendant Salvatore A. Nicastro, to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable ~ days from service upon Plaintiff. BY THE COURT: --7\~ /l1.L , J. cc:James G. Nealon, III, Esquire Nealon & Gover P.O. Box 865 Harrisburg, PA 17108 Attorney for the defendant Craig B. Sobel, Esquire LAW OFFICES OF CRAIG B. SOBEL The Bellevue 200 S. Broad Street, suite 920 Philadelphia, PA 19102 Attorney for Plaintiff ,/ ~ m~ 1.2- 'I- 'If --/"-' - NORMA G. STONE, . IN THE COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff CIVIL ACTION - LAW vs. . . . NO. 96-328 CIVIL TERM . SALVATORE A. NICASTRO, : . . Defendant . JURY TRIAL DEMANDED . PLAINTIFF'S PBTITION FOR LBAVB TO AMBND PLAINTUFS' CIVIL ACTION COMPLAINT Plaintiff, Norma stone, by and through her Attorney, Craig B. Sobel, hereby Petitions this Court pursuant to Pa.R.C.p 1033 for an Order for leave to Amend Plaintiff's Civil Action Complaint, and in support of the Petition represents as follows: 1. This matter arises out of personal injuries sustained by Plaintiff, Norma Stone following a February 23, 1994 collision, whereby Defendant, Salvatore A. Nicastro lost control of his vehicle, leaving the proper lane of travel, veering into oncoming traffic and cOlliding with a Ford Bronco in which Plaintiff, Norma Stone rode as a passenger. 2. Pomala Stone was the operator of the Ford Bronco involved in the collision, in which Norma Stone rode as a passenger. 3. Thereafter, Pomala Stone filed a Civil Action against Defendant, Salvatore A. Nicastro in the Court of Common Pleas, Pleas, Cumberland County, Pennsylvania No. 96-679, civil Term. Said Action was litigated and decided on March 17, 1997. 4. Plaintiff's prior counsel, David W. Knauer filed a civil Action Complaint on Plaintiff, Norma stone's behalf on January 23, 1996. Unfortunately, Mr. Knauer failed to list pomala stone as a Defendant in this action. 5. Thereafter, a mutual consent was made [between prior counsel, David W. Knauer, Esquire and Defense counsel, James Nealon, III, Esquire] to Amend Plaintiff's civil Action Complaint for a more specific Complaint. Unfortunately, Mr. Knauer failed to do so. Kindly refer to Mr. Nealon's March 14, 1996 letter, attached hereto as Exhibit "A". 6. On May 12, 1998, Plaintiff's prior counsel, David W. Knauer, Esquire filed a Petition to withdraw as Plaintiff's counsel in this action. 7. On September 25, 1998 a Praecipe to withdraw appearance for Plaintiff was filed by Mr. Knauer. 8. Thereafter, the Law Offices of craig B. Sobel was contacted by Plaintiff. An Entry of Appearance was filed by Attorney for Plaintiff, craig B. Sobel on October 15, 1998. 9. Plaintiff's counsel reviewed the legal pleadings and facts and determined that pomala stone should be included as an additional Defendant and that the civil Action Complaint should be amended to include more Specific Counts. 10. Hence, on October 22, 1998 Plaintiff's counsel forwarded a letter to Defense counsel requesting their Consent to . Amend Plaintiff's Complaint. Kindly refer to plaintiff's October 22, 1998 request letter attached hereto as Exhibit "B". 11. subsequently, Defense counsel refused to provide written consent to allow Plaintiff to Amend her Complaint. See Mr. Nealon's October 29, 1998 correspondence attached hereto as Exhibit "C". Therefore, Plaintiff is forced to apply for Leave of Court to Amend same. 12. Pennsylvania Rule 1033 of The Rules of civil Procedure, provides that "a party may, either by tiled consent ot the adverse party or by leave ot court, may at any time... amend his pleading. " "The amended pleading may aver transactions or occurrences which have happened betore or atter the tiling ot the original pleading, even through they give rise to a new cause ot action or detense. An amendment may be made to contorm the pleading to the evidence ottered or admitted." 13. The proposed amendment will not prejudice Defendant, Salvatore Nicastro's rights in any way. Furthermore, the addition of pomala Stone into the present proceedings will not "surprise" proposed additional Defendant, in that she had commenced her own litigation regarding the cause of action complained of in Plaintiff's complaint. Kindly refer to proposed form of Plaintiff's Amended civil Action complaint, attached hereto as Exhibit "D". 14. The Law Offices of craig B. Sobel has made a good faith effort to resolve the issues raised by this motion with the attorney for the opposing party without requiring Court intervention. This effort has not been successful. " WHEREFORE, pursuant to Pa.R.C.P. 1033, Plaintiff, Norma stone respectfully requests that this Honorable Court grant Leave to Amend Plaintiffs' Complaint. Respectfully submitted, LAW OFFICES OF CRAIG B. SOBEL BY: 'IL~') (, ~..- ./ craig B. S bel, Esquire Identification No. 60206 The Bellevue 200 S. Broad Street, suite 920 Philadelphia, PA 19102 (215) 893-1458 Attorney for Plaintiff Dated: I~'~I q .r.? f . , 1998 CBRTIFICATE OF SERVICE I do hereby certify that service of a true and correct copy of the attached Petition for Leave to Amend Plaintiff's civil Action Complaint with reference to the foregoing action was made on the ___ day of December, 1998, by first class mail, postage prepaid to defense counsel: James G. Nealon, III, Esquire Nealon & Gover P.O. Box 865 Harrisburg, PA 17108 Attorney for the defendant LAW OFFICES OF CRAIG B. SOBEL BY: 1, ~'{(; crai~rd. Sobel, Esquire Identification No. 60206 The Bellevue 200 S. Broad Street, Suite 920 Philadelphia, PA 19102 (215) 893-1458 CALDWELL 0. KEARNS T+10J04Aa D. CALDWeLL. .,l" R.C..ARC L MtAR~a CARL, 0 WAI& .,lA~tl A. CLIPPINOtR C)oIARLta J DCHART. III .,lAJ04tl D CA""PBtLL..,l1ll ......loItl L GOLOlJ04ITH '1J040'"Y I. ""ARK "'AJ04tl a NtALON. III MATtHtW R. GOveR DeBORAH A. CAVACINI M[VIN D eLLIOTT A PRDrCII'DNAL CDRPO""',C'" ATTORNE:YS AT LAW 3831 NORTH rRONT STR[[T HARRISBURG, PE:NNSYLVANIA 17110.1!533 '1'.'3'-788' 'AX '1'.')'1.".. March 14, 1996 David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055 RE: Norma G. Stone v. Salvatore A. Nicastro Cumberland County No. 96-328 Civil Term Dear Dave: This will confirm our telephone conversation of March 6, 1996. You have agreed to file an amended complaint deleting the boiler-plate allegation of negligence. In addition, you will set forth the injuries that you allege that your clients sustained as a result of the accident. JGNIII: tck Encls. 67800-1 96-116 Very truly yours, .0-t:t ,._ 6. ;".,{,d-'l. Jijes G. Nealon, III CALDWELL & KEARNS cc: Ms. Christine Keegan (Claim No. 155158752.8 B16) Allstate Insurance Company EXHIBIT "1\" _.' M__ of,.. .a NJ. CRAIG B. SOBEL Esquire , u"'Offi.- Suite 9Z0 . 111. &/lnu. zoo South BtwtI SUNt PbiIMI.lphU, PA 1910Z (ZJSJ 89"J4S8 tll:M/emy P",!-iooJ C4nur ZOOO ACMI.my Drift. Suite o/CO MOUDt uure4 NJ 08OS4 (609) 8668181 October 22, 1998 James G. Nealon, III, Esquire Nealon & Gover P.O. Box 865 Harrisburg, PA 17108 RE: Norma G. Stone v. Salvatore A. Nicastro No. 96-328 Dear Mr. Nealon: Pursuant to our Entry of Appearance (which was forwarded to your office on October IS, 1998), please be advised that we now represent Plaintiff, Nonna Stone in the above- captioned matter. On October IS, 1998 we contacted your office in order to discuss this matter, however, we were unable to reach you. After review of the facts, we feel it is necessary to amend Plaintiff's Complaint to include additional Defendant, Pomala Stone. As you know, we may Amend our Complaint with consent of all parties or by leave of Court [pursuant to Rule 1033 J. In order to avoid the time and delay in involved in applying for leave of Court we ask that you kindly sign the enclosed Stipulation and return same in the self-addressed stamped envelope provided for your convenience. Upon receipt of this communication, kindly contact my office so that we may discuss same. Thank you for your anticipated cooperation and prompt response. vtlltf[[' Craig B. Sobel CBS/nl Enclosure EXlHRIT "R" NEALON & GOVER ATTORNEYS AT LAW lOI MARKE:T ~TREET . ,.. fLOOR P.O. BOX B6S HARRISBURG. PENNSYLVANIA 17101 717-lJ2.~ FAX: 717.2.1'-'11' IS NORTH CHERRY LANE YORK, PENNSYLVANIA 17401 717.U2-7111 (CORRESPOND TO HARRISBURG I Oclober 29, 199B Crelg B. Sobel, Esq, Ste. 920 . The 8ellevue 200 5, Broed St. Phlledelphle. PA 19102 Re: Stona v, Nicastro No,: 96.328 Deer Mr, Sobel: I received your letter 01 October 15, 1998 enclosing your Entry 01 Appeerence on behell 01 the Plalntlfl, Norma G. Stone. I also received your letter 01 October 22. 1998 requesting that we agree to allow you to liIe and amended Complaint to join as an additionel delendant, Pomela Stone. I do not think this is possible since the stetute 01 limitations has long expired. I em enclosing a copy 01 the Preliminary Objections that I originally liIed to the Complelnt, As you cen see, I ergued that the Complaint lacks speclllclty as It lalled to state the Injuries that Norme Stone alleged thet she received es a result 01 the eccldent end hed some boiler plete ellegetlons 01 negligence. I em elso enclosing e copy 01 my Merch 14. 1996 correspondence to Mr. Kneuer conlirmlng our egreement thet he would liIe en emended Complaint. He never did so. I would esk thet you lIIe en amended Complaint consistent with my agreement with Mr. Knauer. I will not agree to adding Ms. Stone as an additional delendant. You may petition the Court to do so II you wish, I should also point out to you that the related case 01 Poma'a Slone v. Selvalore Nicastro was tried to a jury. The result was a lindlng 01 no negligence on the part 01 Mr, Nicestro. This was besed upon the testimony 01 the police olllcer that the weather conditions were horrible at the time 01 the eccldent. This case has leid dorment lor some time beceuse 01 the Inectivlty on the part 01 your client and Mr. Kneuer. To get the matter moving, I am sending to you Interrogatories and a Requast lor Production 01 Documents. Mr. Nicastro has already been deposed and responded to discovery raquests. I plan to list the matter lor trial lor the lirst trial term available In 1999. Very truly yours, ~~E: NEALDN 8. GOVER JGN:sab Encl. JAMES G. NEALON m. MATI1-IEW r ____n. nn.....' \V PFRRY. CHRISTOPHER J, KNIGHT EXHrBrT "e" NORMA G. STONE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 96-328 CIVIL TERM vs. SALVATORE A. NICASTRO, POMALA H. STONE and JOHN DOE 1 to 10 (fictitious names) Defendant(S) JURY TRIAL DEMANDED AMBNDBD COMPLAINT 1. The plaintiff, Norma G. Stone is an adult individual residing at 24 West siddonsburg Road, Dillsburg, Pennsylvania. 2. The Defendant, Salvatore A. Nicastro is an adult individual with an address of 288 Bradley CirCle, New Cumberland, Pennsylvania 3. The Defendant, pomala Stone is an adult individual with an address of R.D. #1, Box 702 East, Landisburg, Perry county, Pennsylvania. 4. At all times relevant herein, the Plaintiff was a passenger in a 1984 Ford Bronco II, owned and operated by Defendant, pomala Stone. 5. At all times relevant herein, the Defendant, Salvatore A. Nicastro was the owner and operator of a 1987 Honda Accord LX. 6. On or about February 23, 1994 at approximately 8:20 a.m., the Ford Bronco II in which Plaintiff was a passenger was RXlItBIT "0" traveling in a general Westerly direction on Route 114, silvere Spring Township, Cumberland county, Pennsylvania. 7. On the date and time aforesaid, the Ford Bronco, owned and operated by Defendant Pomala stone, was violently struck by a 1987 Honda Accord LX, owned and operated by Defendant, Salvatore A. Nicastro. said vehicle was traveling in an easterly direction on Route 114, Silver spring Township, Cumberland County, Pennsylvania. 8. As a result, Plaintiff sustained serious, painful and permanent personal injuries more particularly hereinafter set forth. FIRST COUNT 8. Plaintiff incorporates the allegations of Paragraphs 1 through 8, inclusive of this complaint as fully as though said allegations were set forth herein at length. 9. Said cOllision and all injuries and damages set forth hereinafter are the direct and proximate cause of the carelessness, recklessness and negligence of the Defendant, Salvatore Nicastro, in the following respects: (a) Failing to operate said motor vehicle at a safe speed for the conditions then and there existing; (b) Failing to keep a safe and proper lookout for oncoming traffic, in particular the vehicle in which Plaintiff was a passenger; _.' ;. . (c) Failing to maintain vehicle under proper and adequate control while traveling in an easterly lane by crossing over into the westerly lane of travel; (d) Failing to take steps to avoid striking the vehicle in which Plaintiff, Norma stone was a passenger; (e) Operating the motor vehicle in a reckless and negligent manner without due regard for the rights, safety and position of the Plaintiff; (f) Failing to maintain said motor vehicle in a safe operating condition; (g) Failing to give proper and sufficient warning of the approach of said motor vehicle; (h) Failing to make timely efficient brakes, steering devices, steering mechanisms of said vehicle; (i) Violating the statutes of the Commonwealth of Pennsylvania, including the Motor Vehicle Code and the local ordinances and regulations of the area where the collision occurred pertaining to the operation of a motor vehicle under the circumstances. use of adequate headlights, horns and and 10. By reason of the carelessness, recklessness and negligence of the Defendant, Salvatore Nicastro, as hereinbefore alleged and as a direct and proximate result thereof, Plaintiff, Norma stone, sustained personal injuries including but not limited to: injury to the head causing severe and frequent post- traumatic headaches accompanied by dizziness and nausea, brain abnormalities, cognitive difficulties and memory disturbances; .' post-traumatic stress disorder; cervical strain, cervical sprain, muscle spasm, heightened blood pressure; significant limitation of use of a body function or system with permanent significant limitation of use of a body organ or member; was seriously and permanently injured; suffered shock, fright, emotional distress and severe painful injuries; including, but not limited to; injury to the nerves, muscles, ligaments, tendons, tissues, structures and functions of the neck, head, back and shoulders, internal and external, some or all of which Plaintiff, Norma stone, has been advised are or may be permanent in nature. 11. As a result of the aforesaid, Plaintiff, Norma stone has undergone great physical pain and mental anguish and she will continue to endure the same for an infinite time in the future, to her great detriment and loss. l2. As a direct result of the aforesaid, Plaintiff, Norma stone has been unable to attend to her usual and daily duties and occupation and she will be unable to attend to same for an indefinite time in the future to her great detriment and loss. 13. As a further result of the recklessness, negligence and carelessness of the Defendant, Salvatore Nicastro, Norma stone was unable to return to a full time work schedule for a period of time following the collision. On or about March 28, 1994 Plaintiff returned to work on a part-time basis performing limited duties. She has suffered a loss and depreciation of her earnings and earning power and she will continue to suffer such loss and depreciation for an indefinite time in the future, to her great detriment and loss. A claim is also being made for impairmant of future earning capacity. 14. As a result of the aforesaid cOllision, Plaintiff, Norma stone, has been obliged to receive and undergo medical attention and care and to incur various expenses for the injuries she has suffered, and she may be obliged to receive and undergo such medical attention and care and to incur various expenses for injuries for an indefinite time into the future. 15. As direct and reasonable result of the collision aforementioned, Plaintiff, Norma stone has or may hereafter incur other financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. WHERBFORB, Plaintiff, Norma stone, demands judgment against the Defendant, Salvatore Nicastro in an amount in excess of Twenty Five Thousand Dollars ($25,000.00) exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. SECOND COUNT l6. Paragraphs 1 through 15 are incorporated herein and made a part hereof but for the sake of brevity are not set forth. 17. Said collision and all injuries and damages set forth hereinafter are the direct and proximate cause of the carelessness, recklessness and negligence of the Defendant, Pomala stone, in the fOllowing respects: (a) Failing to keep a safe and proper lookout for oncoming traffic; . . (b) Failing to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) Failing to maintain vehicle under proper and adequate control; (d) Failing to avoid the collision in which Plaintiff was injured; (e) Failing to operate the motor vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (f) Operating the motor vehicle in a reckless and negligent manner without due regard for the rights, safety and position of the Plaintiff; (9) Failing to maintain said motor vehicle in a safe operating condition; (h) Failing to make timely efficient brakes, steering devices, steering mechanisms of said vehicle; (i) Violating the statutes of the Commonwealth of Pennsylvania, including the Motor Vehicle Code and the local ordinances and regulations of the area where the collision occurred pertaining to the operation of a motor vehicle under the circumstances. use of adequate headlights, horns and and 18. By reason of the carelessness, recklessness and negligence of the Defendant, pomala stone, as hereinbefore alleged and as a direct and proximate result thereof, Plaintiff, Norma stone, sustained personal injuries including but not limited to: injury to the head causing severe and frequent post- -'-....Ar '-e traumatic headaches accompanied by dizziness and nausea, brain abnormalities, cognitive difficulties and memory disturbances; post-traumatic stress disorder; cervical strain, cervical sprain, muscle spasm, heightened blood pressure; significant limitation of use of a body function or system with permanent significant limitation of use of a body organ or member; was seriously and permanently injured; suffered shock, fright, emotional distress and severe painful injuries; including, but not limited to; injury to the nerves, muscles, ligaments, tendons, tissues, structures and functions of the neck, head, back and shoulders, internal and external, some or all of which Plaintiff, Norma stone, has been advised are or may be permanent in nature. 19. As a result of the aforesaid, Plaintiff, Norma stone has undergone great physical pain and mental anguish and she will continue to endure the same for an infinite time in the future, to her great detriment and loss. 20. As a direct result of the aforesaid, Plaintiff, Norma stone has been unable to attend to her usual and daily duties and occupation and she will be unable to attend to same for an indefinite time in the future to her great detriment and loss. 21. As a further result of the recklessness, negligence and carelessness of the Defendant pomala stone, as aforesaid, Plaintiff, Norma stone was unable to return to a full time work schedule for a period of time following the collision. On or about March 28, 1998 Plaintiff returned to work on a part-time basis performing limited duties. She has suffered a loss and depreciation of her earnings and earning power and she will continue to suffer such loss and depreciation for an indefinite time in the future, to her great detriment and loss. A claim is also being made for impairment of future earning capacity. 22. As a result of the aforesaid collision, Plaintiff, Norma stone, has been obliged to receive and undergo medical attention and care and to incur various expenses for the injuries she has suffered, and she may be obliged to receive and undergo such medical attention and care and to incur various expenses for injuries for an indefinite time into the future. 23. As direct and reasonable result of the collision aforementioned, Plaintiff, Norma stone has or may hereafter incur other financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. WHERBFORB, Plaintiff, Norma stone, demands judgment against the Defendants, Salvatore Nicastro and Pomala stone j/s/a in an amount in excess of Twenty Five Thousand Dollars ($25,000.00) exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. THIRD COUNT 24. Paragraphs 1 through 23 are incorporated herein and made a part hereof but for the sake of brevity are not set forth. 25. At the time and place aforesaid, Defendants, Salvatore Nicastro and/or pomala Stone were operating the aforesaid motor vehicles with the knowledge, permission, consent of, and/or as an agent, employee or representative of Defendants, John Doe 1 to 10 (fictitious names of persons or business organizations for whom Ii 1. '. I ! , Defendants, Salvatore Nicastro and/or Pomala Stone were an agent, employee or representative); and Defendants, Salvatore Nicastro and/or pomala stone were, at that time and place, acting within the scope of his/her agency or employment with John Doe 1 to lO. 26. Liability on the part of Defendants, John Doe 1 to 10 is predicated upon principles of resDondiat sUDerior, by vicarious liability. 27. plaintiff reserves the right to supplement the foregoing allegations of liability after additional information is obtained through discovery. 28. As a direct and proximate result of the aforesaid carelessness, negligence and/or recklessness of the Defendants, John Doe 1 to 10, their agents, employees and/or representatives and the collision caused thereby, Plaintiff, Norma stone, sustained personal injuries including but not limited to: injury to the head causing severe and frequent post-traumatic headaches accompanied by dizziness and nausea, brain abnormalities, cognitive difficulties and memory disturbances; post-traumatic stress disorder; cervical strain, cervical sprain, muscle spasm, heightened blood pressure; significant limitation of use of a body function or system with permanent significant limitation of use of a body organ or member; was seriously and permanently injured; suffered shock, fright, emotional distress and severe painful injuries; including, but not limited to; injury to the nerves, muscles, ligaments, tendons, tissues, structures and functions of the neck, head, back and shoulders, internal and l .It. external, some or all of which Plaintiff, Norma stone, has been advised are or may be permanent in nature. 29. As a result of the aforesaid, Plaintiff, Norma stone has undergone great physical pain and mental anguish and she will continue to endure the same for an infinite time in the future, to her great detriment and loss. 30. As a direct result of the aforesaid, plaintiff, Norma stone has been unable to attend to her usual and daily duties and occupation and she will be unable to attend to same for an indefinite time in the future to her great detriment and loss. 31. As a further result of the recklessness, negligence and carelessness of the Defendants, John Doe 1 to 10, as aforesaid, Plaintiff, Norma stone was unable to return to a full time work schedule for a period of time following the collision. On or about March 28, 1994 Plaintiff returned to work on a part- time basis performing limited duties. Plaintiff, Norma stone has suffered a loss and depreciation of her earnings and earning power and she will continue to suffer such loss and depreciation for an indefinite time in the future, to her great detriment and loss. A claim is also being made for impairment of future earning capacity. 32. As a result of the aforesaid COllision, Plaintiff, Norma stone, has been obliged to receive and undergo medical attention and care and to incur various expenses for the injuries she has suffered, and she may be obliged to receive and undergo such medical attention and care and to incur various expenses for injuries for an indefinite time into the future. , . ~~ "._ "..;M. 1 .t.'" 33. As direct and reasonable result of the collision aforementioned, Plaintiff, Norma stone has or may hereafter incur other financial expenses or loeses which do or may exceed amounts which she may otherwise be entitled to recover. 34. The Plaintiff had a full-tort option insurance policy in effect at the time of the collision. WHBRBFORB, Plaintiff, Norma stone, demands judgment against the Defendants, Salvatore Nicastro, Pomala stone and John Doe 1 to 10, j/s/a in an amount in excess of TWenty Five Thousand Dollars ($25,000.00) exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. LAW OFFICES OF CRAIG B. SOBEL ~'V' "' ) / BY: (, , Craig B. 'Sobel, Esquire Identification No. 60206 The Bellewe 200 S. Broad Street, Suite 920 Philadelphia, PA 19102 (215) 893-1458 Attorney for Plaintiff Dated: I:Y;)/Cif? l> , j'. " ( " C. l -' ~~ ' , , u ,- '0 .. c.' ~- (:, P" r-: t': .~#. II 1(-' ~: I ( -: , ~ ~ , -. .; . ". '-'..' , ':'" I'" ,:~ .J " C:,. ..... , u) " i' , . .' ~.I [.. " C.' (' ..; i- t J Jr"i L..:J .'_,r1.. 'I. f" :) <.., C;, U OJ III It III 0 z 0 .0 a: 0 0 ~ 0 W ~ ~ !:: > . ~ 0 .J < 0 . ~ III OJ Z (!) . , III 0 III ~ u ti ~ VI I )( ;J ~ >- ... >- < W ~ 0 III Z Z to Z 0 Z z 0 ~ a: ti ci ... -' ~ 0 0: .. w ~ " ~ '" ,; 0 It It . < :> Z . :E to < ii III l'l ir It < :t _"IIO..O..."O.lInu....nu. OJOl'l1I01 ,..~"".n.lHl.ll.,I'n...c:lIoIOIIWQ.,"lY!lJ1'iYI".,., v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION. LAW NORMA G. STONE, Plaintiff SALVATORE A. NICASTRO, Defendant : NO. 96-328 : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S PETITION FOR LEAVE TO AMEND PLAINTIFF'S CIVIL ACTION COMPLAINT 1. It Is admitted that the accident given rise to the incident civil action occurred on February 23, 1994, The characterization of the accident in paragraph one (1) in the plaintiffs petition is denied. On the contrary, the defendant, Salvatore A. Nicastro, was operating his motor vehicle in a safe and prudent fashion when he SUddenly encountered treacherous road conditions that caused his vehicle to leave the lane of travel and strike a vehicle in the oncoming lane. 2. Admitted. 3, Admitted, By further way of averment, the jury found that Mr. Nicastro was not negligent. 4. It is admitted that a Complaint was filed in the incident matter on January 23, 1996. It is further admitted that Pomala Stone was not named as a defendant. It Is denied that this was unfortunate, 5. Admitted. 2 6. Admitted. 7. Admitted. 8, Admitted. 9. Admitted. It Is admitted that the Civil Action Complaint must be amended to Include more specif1c allegations pursuant to the agreement of prior counsel for the plaintiff and counsel for defendant. It Is denied that Pomala Stone or any other defendant should be added to the Incident maller, There Is absolutely no evidence of negligence on the part of Pomala Stone or any other Individuals, Further, the Statute of Limitations has long expired. 10. Admllled, 11, Denied, Defense counsel would permit plaintiff to file an amend to Complaint In accordance with the prior agreement of counsel. Counsel for the defendant opposes any requests to add additional defendants, 12. Admllled, 13, Denied. On the contrary, adding new defendants to an action that Is almost three years old Involving an accident that occurred almost five years ago would prejudice the rights of defendant, Nicastro, He would be subjected to additional discovery and depositions from the potential new parties, 14, Denied, Counsel for the defendant has always been willing to permit counsel for the plaintiff to file an amend to Complaint pursuant to the prior agreement of the parties, 3 NEW MATTER The accident given rise to Incident civil action occurred on February 23, 1994 on Route 114, Silver Spring Township, Cumberland County, Pennsylvania. At that time and place, defendant, Salvatore A, Nicastro, was the owner and operator of a 1987 Honda Accord LX. At that time and place, Pomala Stone was the operator of a 1984 Ford Bronco II in which the plaintiff, Norma G, Stone, was a passenger. Depositions have been taken of Pomala Stone as well as Salvatore Nicastro. The depositions Indicate that both individuals were on their way to work at the time of the accident. The depositions do not establish that any employment relationship exists between Salvatore Nicastro and any entity. The depositions established that there does not exist any employment between Pomala Stone and any entity, The Statute of limitations has expired on any direct claims against Pomala H. Stone. t ^ . NEW MATTER The accident given rise to Incident civil action occurred on February 23, 1994 on Route 114, Sliver Spring Township, Cumberland County, Pennsylvania, At that time and place, defendant, Salvatore A. Nicastro, was the owner and operator of a 1987 Honda Accord LX, At that time and place, Pomala Stone was the operator of a 1984 Ford Bronco II In which the plaintiff, Norma G, Stone, was a passenger, Depositions have been taken of Pomala Stone as well as Salvatore Nicastro. The deposltlon8 Indicate that both Individuals were on their way to work at the time of the accident. The depositions do not establish that any employment relationship exists between Salvatore Nicastro and any enllty, The depositions established that there does not exist any employment between Po mala Stone and any enllty, The Statute of Limitations has expired on any direct claims against Pomala H. Stone. 4 ....c.,t<>:,,.;..~. r.(' "_;", .: 4 Cl .....^-~- -' l i t I, Wherefore, defendant, Salvatore A. Nicastro, urges the honorable court to deny the plaintiffs petition to amend her Civil Action Complaint as to naming additional defendants, however, defendant would agree to allowing an amend to Complaint to be filed consistent to the prior agreement of the parties. Respectfully submitted, , J mes G. Nealon, III Attorney 1.0, #46457 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717)232-9900 Dated: lQ..jlfe/7~ 5 ~<...1'i'-"'''''~ AND NOW, thIS/fr2.~ day of December, 1998, I hereby certify that I have served the foregoing Answer With New Matter on the following by depositing a true and correct copy of same In the United States mails. postage prepaid, addressed to: Craig B. Sobel, Esquire Suite 920, The Bellevue 200 south Broad Street Philadelphia, PA 19102 c;/'~ ames G. Nealon, III, Esquire Dated: \fi).! LV-( ,,"if < NORMA O. STONE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : NO. 96-328 CIVIL TERM SALVATORE A. NICASTRO, POMALA H. STONE and JOHN DOE I to 10 (fictitious names) Defendant(S) PRAECIPE TO SETI'LE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, CKAloL. ESQ. )AMES O. NEALON, lll, ESQ. ORDER This action is discontinued as stated above. PROTHONOTARY BY: i/O,/) 1t..;.J / ' -p~;o C- DATED:O"""/ ~ 199'{ . . A I '. -- ~") 'r '1": I -- -/ I,;;: -, II . (.~ -- C ,- '-' ~l_ c..' ~:=:: ;:',:: t":.) , \ ~ . ,-- t~ f.~ c.:. ...: , , (':, '~J C, ;,_J