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HomeMy WebLinkAbout02-4755PROTHONOTARY, MONTGOMERY COUNTY, PA CASE INFORMATION DATE 07/25/02 LEMOYNE AUTO SALES VERSUS TOLENTINO FERDINAND CASE # 02-02210 DATE COMMENCED 02/04/02 CASETYPE SUMMONS-CIVIL ACTION PARCEL # = - JUDGE NICHOLAS PLAINTIFF LEMOYNE AUTO SALES 130 BRIDGE ST ATTORNEY CREEDON MICHAEL NEW CUMBERLA PA 17070 DEFENDANT TOLENTINO FERDINAND 536 FISHING CREEK RD LEWISBERRY ATTORNEY BRADLEY JAMES PA 17339 DEFENDANT TOLENTINO SOLEDAD 536 FISHING CREEK RD LEWISBERRY ATTORNEY BRADLEY JAMES PA 17339 DEFENDANT CLUTTER KAREN A 218 ROSS AVE 2ND FL ATTORNEY *UNREPRESENTED* NEW CUMBERLA PA 17070 DEFENDANT DAVEY AMANDA LYNN 218 ROSS AVE 2ND FL ATTORNEY *UNREPRESENTED* NEW CUMBERLA PA 17070 DOCKET INFORMATION 02/11/02 COMPLAINT IN CIVIL ACTION 03/07/02 NOT FOUND AS TO DEFT ~ANDA LYNN DAVEY ON 2/21/02 03/07/02 SERVED DEFT KAREN A CLUTTER ON 2/20/02 03/12/02 PP~AECIPE TO REINSTATE COMPLAINT 03/11/02 NOT FOUND AS TO DEFT SOLEDAD TOLENTINE ON 2/20/02 03/11/02 NOT FOUND AS TO DEFT FERDINAND TOLENTINO ON 2/20/02 03/12/02 PRAECIPE TO REISSUE WRIT 03/21/02 DEMAND FOR JURY TRIAL BY DEFTS FERDINAND TOLENTINO & SOLEDAD TOLENTINO 03/21/02 RULE TO FILE COMPLAINT UPON PLTF 03/21/02 APPEARANCE OF JAMES P BP~ADLEY ESQ FOR DEFTS FERDINAND TOLENTINO & SOLEDAD TOLENTINO 04/08/02 MEMORANDUM OF LAW 04/08/02 CERTIFICATION OF SERVOF PREL OBJ SENT ON 4/5/02 04/08/02 PRELIMINARY OBJECTIONS OF FERDINAND & SOLEDAD TOLENTINO PURSUANT TO PARCP 1028A1 04/25/02 SERVED DEFT KAREN A CLUTTER ON 3/22/02 04/25/02 NOT FOUND AS TO DEFT AMANDA LYNN DAVEY ON 4/1/02 07/03/02 PP~AECIPE FOR ARGUMENT PREL OBJS OF FERDINAND ET AL PUR- SUANT TO PA~RCP 1028 A 1 07/03/02 CERTIFICATION OF SERV OF ARGUMENT PHAE ON 7/2/02 07/12/02 ORDER OF 7/12/02 ACTION TRANSFERRED TO CUMBERLAND CO NICHOLAS J COPIES SENT 7/12/02 END OF DATA DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 Attorney for Defendants Ferdinand Tolentino and Soledad Tolcntino LEMOYNE AUTO SALES VS. FERDINAND TOLENTINO and SOLEDADTOLENTINO and KAREN A. CLUTTER and AMANDA LYNNDAVEY : COURT OF COMMON PLEAS : MONTGOMERY COUNTY, PA. NO. 02-02210 ORDER And now to wit this [ day of~4~ ,2002, it is HEREBY ORDERED and~7~'~' DECREED that Defendants' Preliminary Objections are sustained and the action transferred to Cumberland County. BYT~ COURT J. ~'ILI_i,~M 'r. NICHOLAS, .I Copy of the above order mailed to the following on: 7/12/02 James P. Bradley, Esquire Michael p. Creeden, Esquire Joseph Giannetti, Deputy Prothonotary Jac~ McAllister, Court Admin. S~cre~ary 2002412210-0018 Order Monlgomcry Cotmty Prothonotary Willimn 1!; Dom~clly Fndav, July 12, 2002 04:06:(}0 PM -':CANNE~',~ 04U8~ IN THE COURT OF COt~ON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA Lemoyne Auto Sales : 130 Bridge Street : New Cumberland, Pa. 17070 : Ferdinand Tolentino NO. - 0?.7/0 Civil. Action 536 Fishing Creek Road Lewisberry, Pa. 17339 Illllllllllllll, llllllllllllllllllllllllllllllllllllllllllllllll, llilllll : w,ln,., I TO THE PROTHONOTARY: Date: February 4, 2002 Issue Summons in Civil Action in the above case. Writ of Summons shall be forwarded to r%r]Attorney~--I Sheriff Signature of Attorney - I~ichael P. Creedon~ Esquire 29 E. ){arshall Street Norristown, Pa. 19401 (610) 239-9630 Name/Address/Telephone Number of Attorney ID Number. 24460 TO: Date: SUI~4ONS IN CIVIL ACTION Ferdinand Tolentino 7, You ar~ notified that the Plaintiff(s) has/have commenc~. against you. SEAL OF WILLIAM E.~DONNELLY/ THE Prothonotary COURT ~eputy ~rothonotary Addresses must be included for all parties. 8/90 /~O?O CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQUIRE I.D. No. 24460 29 E. Marshall Street Norristown, Pa. 19401 (610) 239-9630 19000-01003 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA. CIVIL ACTION - LAW LEMOYNE AUTO SALES 130 Bridge Street New Cumberland, Pa. 17070 VS. FERDINAND TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and SOLEDAD TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and KAREN A. CLUTTER 218 Ross Avenue, 2nd Floor New Cumberland, Pa. 17070 and AMANDA LYNN DAVEY 216 Ross Avenue, Apt. B New Cumberland, Pa. 17070 NO. 02-02210 C__QMPLAIN~ 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 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. LAWYER REFERENCE SERVICE Montgomery County Bar Association 100 West Airy Street P. O. Box 268 Norristown, PA 19401 610-279.9660 CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQUIRE I.D. No. 24460 29 E. Marshall Street Norristown, Pa. 19401 (610) 239-9630 19000-01003 I IIIIIIItlllllllllllll!lllllllilllllllllllllllllllillllllllllllllllllllllll IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA. CIVIL ACTION - LAW LEMOYNE AUTO SALES 130 Bridge Street New Cumberland, Pa. 17070 VS. NO. 02-02210 FERDINAND TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and SOLEDAD TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and KAREN A. CLUTTER 218 Ross Avenue, 2nd Floor New Cumberland, Pa. 17070 and AMANDA LYNN DAVEY 218 Ross Avenue, Apt. B New Cumberland, Pa. 17070 COMES NOW, plaintiff, Lemoyne Auto Sales, by and through its attorneys, Creedon & Feliciani, P.C., and avers the following in support of its Complaint: 1. Lemoyne Auto Sales is a business entity licensed to do business in the State of Pennsylvania with an address of 130 Bridge Street, New Cumberland, Pa. 17070. 2. Defendant, Ferdinand Tolentino is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at 536 Fishing Creek Road, Lewisberry, Pa. 17339. 3. Defendant, Soledad Tolentino is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at 536 Fishing Creek Road, Lewisberry, Pa. 17339. 4. Defendant, Karen A. Clutter is an adult individual and citizen of the Commonwealth of Pennsylvania with an address of 218 Ross Avenue, 2nd Floor, New Cumberland, Pa. 17070. 5. Defendant, Amanda Lynn Davey is an adult individual and citizen of the Commonwealth of Pennsylvania with an address of 218 Ross Avenue, Apt. B, New Cumberland, Pa. 17070. 6. Plaintiff is in the business of selling automobiles. 7. As part of its business of selling automobiles, plaintiff displays vehicles on a parking lot located at 130 Bridge Street, New Cumberland, Pa. 8. Defendant, Amanda Lynn Davey was driving a vehicle owned by Karen Clutter believed to be a 1992 Prism. 9. Defendant, Soledad Tolentino was driving a vehicle owned by Soledad and Ferdinand Tolentino. 10. Ms. Davey was driving on Second Street. 11. The Tolentino vehicle was driving on Bridge Street. 12. Ms. Davey pulled her vehicle into the intersection striking the Tolentino vehicle causing it to jump the curb and stdke four vehicles owned by plaintiff and parked on plaintiffs lot. 13. As a result of the collision between the defendants' vehicles, plaintiff suffered damage to its property in the amount of $3,562.93. COUNT I PLAINITFF VS. ALL DEFENDANTS 14. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 13 of its Complaint, inclusive, as though the same was fully set forth at length herein. 15. Defendants' negligence consisted of: (a) driving too fast for conditions; (b) failing to maintain a proper look out; (c) disobeying the appropriate traffic control devices; (d) failure to have their vehicles under proper control so as to be able to stop without becoming involved in an accident; (e) failing to yield the right of way; (f) failing to properly alert a vehicle that the driving intended to enter the intersection. 16. As a result of the negligence of the defendants, plaintiff suffered property damage to its vehicles in the amount of $3,562.93. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. COUNT II 17. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 16 of its Complaint, inclusive, as though the same were fully set forth at length herein. 18. Defendants' negligence consisted of: (a) entrusting a motor vehicle to a person who was not propedy trained and/or instructed in the operation of a motor vehicle; (b) entrusting a motor vehicle to a person that defendants knew or in the exercise of reasonable care should have known was an incompetent driver and/or had a reputation for reckless driving. 19. As a result of defendants' negligence plaintiff suffered damages in the amount of $3,562.93. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. COUNT III CONTRIBUTION/INDEMNITy 20. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 19 of its Complaint, inclusive, as though the same were fully set forth at length herein. 21. As a result of the above-described accident, plainti~s insurance carrier made payments to it pursuant to its policy of insurance. 22. Defendants are liable to plaintiff's insurance carrier by way of contribution and/or indemnity due to the payments made as a result of this accident. 23. As a result, defendants are liable for $3,562.93. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. COUNT IV PLAINTIFF V. ALL DEFENDANTS 24. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 23 of its Complaint, inclusive, as though the same were fully set forth at length herein. 25. At all times relevant to plaintiff's Complaint, Ferdinand Tolentino was the agent, servant, workman and/or employee of Soledad Tolentino and acting on Soledad Tolentino's business at the time of the accident. 26. Soledad Tolentino at all times relevant to plaintiff's Complaint, was an agent, servant, workman and/or employee of Ferdinand Tolentino and acting on Ferdinand Tolentino's business at the time of the accident. 27. Karen A. Clutter was an agent, servant, workmen and/or employee of Amanda Lynn Davey and was acting on Amanda Lynn Davey's business at the time of the accident. 28. Amanda Lynn Davey was the agent, servant, workman and/or employee of Karen A. Clutter and was acting on the business of Karen A. Clutter at the time of the accident set forth in plaintiff's Complaint. 29. Therefore, all defendants are liable to the plaintiff on the theory of respondeat superior. 30. As the result of the actions of all of the defendants, plaintiff suffered damages in the amount of $3,652.93 to its property, WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. BY: CREEDON & FELIClANI, P.C. MICHAEL P. CREEDON, ESQUIRE Attorney for Plaintiff STATE OF PENNSYLVANIA: COUNTY OF MONTGOMERY MICHAEL P. CREEDON, ESQUIRE, verifies that he is attorney for the Plaintiff, surpa, herein and that the party(ies) represented by Michael P. Creedon, Esquire either lack(s) sufficient knowledge or information or is/are outside the jurisdiction of the Court and the Verification of none of them can be obtained within the time allowed for filing the instant Complaint. This Verification is made from knowledge or information obtained from the law, investigative portions of plaintiff's file and/or from conversations with plaintiff and/or pleadings or discovery received to date. This Verification is subject to 18 Pa.C.S.A. § 4904 which provides for certain penalties for making false statements under oath. ¢vllOHAEL P. 73REEDON Attorney for Plaintiff MONTGOMERY COUNTY SHERIFF'S DEPARTMENT ORDER FOR SERVICE 'Please prepare a separate request for service form for each defendant to be served by the Sheriff To: ~heriff John P. Durante Date: 02- ~,~- 02 Montgomery County Court House p.O. BOx311 Prothonotary No. 02-02210 Norristown, Pa. 19401-0311 Phone: 610-278-3331 Fax : 610-278-3832 Sheriff's Cost: ~get,c'd Attorney's Or Plaintiff's Name and Address: X civil Action C/.ft~tO]i ~6~ _lgVr/t of Execution Levy Michael P. Creedon, Esquire Confessed Judgement WfitofExecution Attachment CREEDON & FELICIANI, P . C. Complaint in EjectmentWritofExecutionGamish~e 29 E. Marshall Street Norristown, Pa. 19401 Posting Writ of Seizare Writ of Possession Impoundment ATTY.ID# 24460 Telephone#(61J) 239-9630 )L Other:~l.,tv~VV~O~; Ic°urtOraer Lemoyne Auto Sales Vs. PLANTIFF Ferdinant Tolentino, Soledad Tolentino, Karen A. Clutter and Amanda Lynn Davey DEFEND~,rT Se~iceUpon: Amanda Lynn Davey~_~ LOC^nON ¢rOST HAV~ VXClD APDm~SS OR mm~crro~) 218 Ross Avenue Apt. B New Cumberland, Pa. 17070 (Cumberland County) FOR SHERIFF USE ONLY SHERIFF'S RETURN PERSON SERVED RELATIONSHIP / POSITION PLACE OF SERVICE DE! DEPUTY LAST DAY FOR SERVICE DATE -- ~VICE Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll SERVICE NOT MADE BECAUSE: DATE: NO SERVICE MOVED TIM~E: DEPUTY: BAD ADDRESS LrNKNOWN AT ADDRESS BUILDING VACANT ADDRESS OUT OF COUNTY POSSESSION TAKEN: DEPUTY: NEED BETTER ADDRESS OTHER DATE: TIME: DEPUTY: DEPUTY: A 1 i I:MPTED SERVICE DATE & TIME SUPERVISOR APPROVAL SHERIFF'S RETURN - NOT SERVED .Cf~S~-NO: 2002-00137 T COMM©B?~EALTH OF PENNSYLVANIA C~ONTY OF CUMBERIJtND LEMOYNE AUTO SALES VS TOLENTINO FERDINAND ET AL Thomas Kline according to law, the within named DEFENDANT DAVEY AMANDA LYNN Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: but was He therefore returns the unable to locate Her in his bailiwick. SUMMONS AND COMPLAINT the within named DEFENDANT NOT SERVED , as to DAVEYAMANDA LYNN ADDRESS IS LOCATED IN YORK COUNTY. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 So answerers: R. THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY CREEDON & FELICIANI 02/20/2002 Sworn and subscribed to before me . MONTGOMERY COUNTY SHERIFF'S DEPARTMENT · ORDER FOR SERVICE Please prepare a separate request for service form for each defendant to be served by the Sheriff To: Sheriff John P. Durante Montgomery County Court House P.O. BOX 311 Nordstown, Pa. 19401-0311 Date: 02-~-02 Prothonotary No. 02- 02210 Phone: 610-278-3331 Fax : 610-278-3832 Sheriff's Cost: Attorney's Or Plaintiff's Name and Address: K Civil Action ~.rn.O]~ ~ ILWrit or Execution L~vy M±chael P. Creedon, Esqu±re ConfessedJudgemen~ WritofExecution Attachment CREEDON & FELICIANI, ? . C. Complaint in Ejectment WritofExecutionGami~hee 29 E. Harshall Street Norristown, Pa. 19401 Posting Writ of Seizure Writ of Pos$~sion Impoundment AllY.ID# 24460 Telephone#610 239-9630 ~ Other:'~lXWimO~t~ni I Cour~Order Lemoyne Auto Sales Vs. Ferdinand Tolentino, Soledad Tolentino, Karen Clutter and Amanda Lynn Davey PLANTIFF DEFENDANT Karen A. Clutter~_ Service Upon: ~ / LOCATION (MUST HAVE VALID ADDRESS OR DIP,.ECTIONS/)/-- 218 Ross Avenue 2nd Floor New Cumberland, Pa. 17070 (Cumberland County) FOR SHERIFF USE ONLY SHERIFF'S RETURN PERSON SERVED RELATIONSHIP / POSITION PLACE OF,SERVICE / /ll//I //I// ll/// ll//i //I// II~I~ Il~~~ Il~~~ /' LAST DAY FOR SERVICE SERVICE NOT MADE BECAUSE: DATE: NO SERVICE MOVED TI3IE: DEPUTY: BAD ADDRESS UNKNOWN AT ADDRESS BUILDrNG VACANT ADDRESS OUT OF COUNTY POSSESSION TAKEN: DEPUTY: NEED BE l i t:R ADDRESS OTHER DATE: TIME: A I t IzMPYED SERVICE DATE & TIME DEPUTY: DEPUTY: SUPERVISOR APPROVAL SHERIFF'S RETURN ~ NO: 2002-00A37 T COMMONWEALT~ OF PENNSYLVANIA COUNTY OF CUMBERLAND LEMOYNE AUTO SALES VS TOLENTINO FERDINAND ET AL R. Thomas Kline - NOT SERVED according to law, the within named DEFENDANT CLUTTER KAREN A Sheriff , who being duly sworn says, that he made a diligent search and inquiry for to wit: He therefore returns unable to locate Her in his bailiwick. SUMMONS AND COMPLAINT but was the NOT SERVED as to the within named DEFENDANT , CLUTTER KAREN A ADDRESS IS LOCATED IN YORK COUNTY. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit 2.50 Surcharge .00 .00 20.50 So answer'~: R'. THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY CREEDON & FELICIANI 02/20/2002 Sworn and subscribed to before me this ~?~ d .... ~,...O(~'~LAU~DI,~, A.,~fl. EWBAKEfl, NOTARYPUBL C I~ ~ ~1 I UarlJsJe ~ro, Cu~i~eda~d Couo~ J CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQUIRE I.D. No. 24460 29 E. Marshall Street Norristown, Pa. 19401 (610) 239-9630 19000-01003 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA. CIVIL ACTION - LAW LEMOYNE AUTO SALES 130 Bridge Street New Cumbedand, Pa. 17070 VS. FERDINAND TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and SOLEDAD TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and KAREN A. CLUTTER 218 Ross Avenue, 2nd Floor New Cumberland, Pa. 17070 and AMANDA LYNN DAVEY 218 Ross Avenue, Apt. B New Cumberland, Pa. 17070 NO. 02-02210 I llllllllllllllllllllllllllllllllll!Jlllllllllllllllllllllllllltlllllllll PRAECIPE TO REINSTA T~= TO THE PROTHONOTARY: Kindly reinstate the Complaint filed on February 11, 2002 regarding the above-captioned matter. CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQ. Attorney for Plaintiffs . Co,ct BouS¢ 19401-0311 ~LX 7 INE NOV~ to law. 8. SPECb NOTE: ONLY without a watt herein for any 9 TYPE NAME HIC'~q 'i2. SEND NOTI£ 29 pa'. 24460 $oledad To 259-9650 1359 pBK$O~ 13 I acknowledge r or complaint as i 16. HOW SERVED: 17 Q I hereby certify 18 NAME AND TITLE 23 Advance Costs 24. Se J4. Foreign County Costs J 3 41. AFFIRMED and subscribed to f. /02 48, Signature of Foreign CK~WLED~E RECEIPT O~THE ~E RiF ¢¢~N S(GNAIURE 1 WHITE - Issuing Authority 2. PINK - ARomey 3 CANARY - Sheri~s ~ce 4. BLUE - Shed,s ~ M( 'GOMERY COUNTY SHERIFF"S DEPARTMENT ORDER FOR SERVICE Please prepare a separate request for service form for each defendant to be served by the Sheriff To:~ Sheriff John P. Durante Montgomery County Court House P.O. BOX 311 Norristown, Pa. 19401-0311 Date: 02-.~- 02 Prothonotary No. 02-02210 Phone: 610-278-3331 Fax : 610-278-3832 Sheriff's Cost: Attorney's Or Plai,,tiff's Name and Address: X civil ^ction/9,,,,.~. ,,,.,,: .7'W~tqfl~x%cu,~oT:Le~W,~'~ Michael P. Creedon, Esquire Confes~edJudgeme/nt'WritofExecution Atlachment CREEDON & FELICIANI, P.C. Complaint in Ejectment WritofExecutionGamishee 29 E. Harshall Street Norristown, Pa. 19401 Posting Writ of Seizure Writ of Possession Impoundment ATTY.ID# 24460 Telephone # (610 239-9630 )~ Other:c)"~-m~t:Y~ I CourtOrder Lemoyne Auto Sales Vs. PLANTIFF Ferdinand Tolentino, Soledad Tolentino, Karen A. Clutter and Amanda Lynn Davey FOR SHERIFF USE ONLY SHERIFF'S RETURN PERSON SERVED RELATIONSHIP / POSITION PLA~E OF SERVICE DEFENDANT DA~E OF SERVICE TI? OF SERVICE Service Upon: l~r,'~cl~n~ncl To] mn~-'[nc~ I ,.~,~X~MBEROFAii£MPTS LOCATION (MUST HAVE VALID ADDRESS OR DIRECTIONS) C'D 536 Fishing Creek Road Lewisberry, Pa. 17339 (York County) DEPUTY DEPUTY LAST DAY FOR SERVICE .~ --/~ --D ~__ SERVICE'NOT MADE BECAUSE: DATE: NO SERVICE MOVED TIME: DEPUTY: BAD ADDILESS UNKNOWN AT ADDRESS BUILDrNO VACANT ADDRESS OUT OF COUNTY POSSESSION TAKEN: DEPUTY: NEED BEii~RADDRESS OTHER DATE: TIM~: ATTEMP¥1:D SERVICE DATE & TIME DEPUTY: DEPUTY: ti of 2) SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Lt~OYNE AUTO SALES COUNTY OF YORK OFFICE OF THE SHERIFF SE.V,CECAL,. (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES SUF~ONS & COMPLAINT 3. DEFENDANT/S/ FERDINAND TOLENTINO AND SOT,~,DAD TOLE~TINO SERVE ~' 5 NAME OF INDIVIDUAL, COMPAN~CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~FACHED, ORSOLD FB1RD IN,ND TOT,k~f~ INO 6 ADE~ ~ ~fV~ I~1'~, APT NO C TY MORO TWp STATE AND ZIP CODE) 536 FI .... AT SHING CREEK RD~, LEWISBERRY, PA 17339 7. INDICATE SERVICE: J PERSONAL J PERSON IN CHARGE .J DEPUTIZE J CERT. MAIL L] 1ST CLASS MAIL ~ POSTED 3 OTHER NOW ,20 __ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCE FEE PAID BY ATTY OUT OF COUNTY MONTGOMERY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching anyp operty under within writ may leave same without a v~atchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such depu~ or the sheriff to any plaintiff herein for any oss, destruction, or removal of any property before sheriffs sale thereof. [ 9. TYPE NAME and ADDRESS of Alq'ORNEY / ORIGINATOR and SIGNATUREM~[C~L29 E. M.~H.~T~ P' C~:~'~,[~,~ON ~ST. I NOR~ S~t~'SQ' PA 19401 10.610)~LEPHONE NUMBER2~9_9630 2/4/0211' DATE FILED f2. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) MONTGOMERY COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. J acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above Jo LUE~[ G 2/15/02 3/6/02 16. HOWSERVED: PERSONAL(~-~~ RESIDENCE( ) POSTED( ) POE( ) SRERIFF'SOFFICE( ) OTHER~._ SEE REMARKS BELOW 17. Q I hereby ~i~ and return a NOT FOUND because I am unable to r~ate the individual, ~mpany, e c. name~abo~e~. (~e rem~s¢ be ) I~M~ND~TLBOF~DIVID~S%~V~ADDRESSHERE~O~ela~i~to~ ~' J~teofS*ice ~20 ~m*,f~ice k~lZ~ ~'1¢1 °a'~l ~me ~,~ Int. J Date ~me Miles ,at. Date ~me Miles Int. J Ds[e ~mTlesyJ Da[e ~me ~,,e, n 3 Advance75.00Costs 24. Service24.00Costs -- 26. 23.36Mileage 28 47.36SubT°tal 29 Pound 304.00Notary31 Surchg. 32.51.Tot.36Costs 34, Foreign County Costs 135. 38. Mileage/Posted/Not Found 139. Total Costs 41 AFFIRMED and subscribed to before me this SO ANSWERS 42. day of -- 3 Costs Due~'Refu~Ohec~ NO 40 Costs Due or ~efund 2/26/02 49 DATE 51. DATE RECEIVED 1 WHITE - Issuing Authori~ 2. PINK Attorney 3 CANARY - SherifFs Office 4. BLUE Shedf"s Office IN ll~£ COURT OF CO(~40N PLF. AS OF MONTG(~4ERY COUNTY, PENNsYLv~tNIA' .CIVIL DIVISION No. 0~- 0;)9/0 /11111111111111111111111111111111111111111111111111111111111111111111111111 TO PROTHONOTARY: ( ~R~ISSUE WRIT (') REINS~AllE COMPLAINT Signature of A~torne--y~ , .. . Pti nt Name Address DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 I IIIIIirllllllllllllrlllllrllllllrllllillllllllllllrlllllllllllllllllllllll Wi/Ii,mi [': r)onncllv Thurs&ty, Match 21 2002 1239:00 P,M Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES : COURT OF COMMON PLEAS : MONTGOMERY COUNTY, PA. FERDiNAND TOLENTINO : and : SOLEDAD TOLENTINO : NO. 02-02210 and : KAREN A. CLUTTER : and : AMANDA LYNN DAVEY : DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants Ferdinand Tolentino and Soledad Tolentino demand a jury thai of twelve (12) members in the above matter. DONAGHUE AND BRADLEY J~(fivIES P. t}R~LEY,-~/S~UIRE ATTORNEY FOR DEFE'NDANTS FERDINAND TOLENTINO AND SOLEDAD TOLENTINO DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES : COURT OF COMMON PLEAS : MONTGOMERY COUNTY, PA. VS. FERDINAND TOLENT1NO and SOLEDADTOLENTINO KAREN A. CLUTTER and AMANDALYNNDAVEY PRAECIPE FOR RULE TO FILE COMPLAINT TO THE OFFICE OF THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiff above-named to file a Complaint within twenty (20) days or suffer a judgment of non pros. DONAGHUE & BRADLEY Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino granted. AND NOW, this day of/lq/Tf'~ 2002, the Rule is DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES VS. FERDINAND TOLENTINO and SOLEDADTOLENTINO and KAREN A. CLUTTER and AMANDA LYNN DAVEY : COURT OF COMMON PLEAS : MONTGOMERY COUNTY, PA. ~ X¥llJ~a[l[/ H' I)I'I/[B~ Y Fit[ sdw¢. M~uch ~ , ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the defendants Ferdinand Tolentino and Soledad Tolentino in the above captioned action. DONAGHUE AND BRADLEY J~ES P. I~RADLEY, )~QUIRE ATTORNEY FOR DEFENDANTS FERDINAND TOLENT1NO AND SOLEDAD TOLENTINO IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNt'Y, PENNSYLVANIA LEMOYNE AUTO SALES : ~S FERDINAND TOLENTINO NO- 02-02210 and SOLEDAD TOLENTINO and KAREN A. CLUTTER and i?,_OV~R~EET OFMOVING PARTY AMANDA LYNN DAVEY Date of Filing April 5, Counsel for Moving Party Counsel for Other Parties 2002 MovingPaflY~Eerdi~=nd and Se!cda~ Tclentino James P. Bradley, Esq. I.D. No. 18479 Michael P. Creeden, Esq. [.D. No. 24460 I.D. No. Document Filed (Specify) Preliminary Objo_ctinn~ n~ F~rfl~ nan_4 and Soledad Tolentino Pursuant to PA R.C.P. 10PR(a) (1) Matter is (Check One) __.- (Appealable) _ X (Interlocutory) Oral Argument __ (Yes) x 0'4o) Check ONE of the Choices Listed Below: Respondent is Directed to Show Cause, in the Form ora Written Response, Why the Attached Motion or Petition Should Not be Granted. Rule Returnable the day of ,20 at 9:00 a.m. in Arbitration Room Al. __ Respondent is Directed to Show Cause, in the Form ora Written Response. Why the Attached Family Court Discovery Motion Should Not be Granted. Rule Returnable and Argument the day of ,20 at 1:00 p.m. at 321 Swede Street, Norristown, Pa. X Respondent is Directed to File a Written Response Within Twenty (2t)) Days in Conformity with the Pennsylvania Rules or' Civil Procedure. NOTE: AIl Motions "respecting discovery" in CIVIL cases are subject t° L°eal Rule 4019' ' Discovery lv[~t~:r. All Motions "respecting discovery" in FAMILY cases are subject to Local Rule 4019.1' - Family Discovery Nlaster. By filing this cover sheet, rounsel certify that they have conferred in a good faith effort to resolve the subject discovery dispute. Cover Sheet is NOT to be Used tbr IVlatters Requiring Heanng. 2.'00 DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9t20 Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES VS. FERDINAND TOLENTINO and SOLEDAD TOLENTINO and KAREN A. CLUTTER and AMANDA LYNN DAVEY : COURT OF COMMON PLEAS : MONTGOMERY COUNTY, PA. ,,~/1111111 IIIII IIIII lift I1!1/lift fill IIIII !1111 IIIlt IIIII IIIII IIIII IIII III \ \'~V ,, 7~1~ 2-i/221!~ PRELIMINARY OBJECTIONS OF FERDINAND AND SOLEDAD TOLENTINO PURSUANT TO PA R.C.P. 1028(a)(1) II. III. IV. The within matter is a Civil Action for property damage arising out of a motor vehicle accident which took place on February 1, 2000. The accident in question took place in Cumberland County, PA. A true and correct copy of the police report is attached hereto marked Exhibit "A". None of the parties in question reside in Montgomery County. Counsel has attempted to get Plaintiff's counsel to voluntarily transfer the case to Cumberland County but was unsuccessful. Attached hereto marked Exhibit "B" is a true and correct copy of correspondence sent to Plaintiffs counsel dated March 18, 2002. Since the accident did not occur in Montgomery County and none of the parties reside in Montgomery County there is no basis for venue in Montgomery County. WHEREFORE, Defendants respectfully request the Court to transfer this case to Cumberland County. BY: Respectfully submitted, FERDiNAND AND SOLEDAD TOLENT1NO POL[C~ ACCIDENT REPORT ~BB~ 00-011 ~land 21 ~.S=A=~O~/ [ *..~o~ 04 ~ 02/01/2000 zo.~ o~ ~m ~y ~=.rz ~ HI--AY 0 como~ 1 DAX O~ ~31 O~ ~ 06 WNOTAT~RSBC~O~. ~*~ffi ~ ~ 0728 PA ~*~[ ~=u ~ 6285 PA ~.~A zx~ o~ 448~030202 ~ ~..A zx~ o~ ~ee 04 u~u 0 o~as.~ 2 ~a 04 l- us~u 0 ~u.x. 1 ~ 26 277 652 ~.~ s~.s=~={ ~A ~ zx.~os ~ ~~, PA 17070 ~ zx.coo~ ~Y, PA 17339 F ~.~ 717 774-1172 F .~.~ 717 938-1001 CENTER FOR HIGHWAY SAFETY ,, N/A NCXO T # :oo-oll 79.,~DX~n ~c~,= N/A ~CCID~ DA~: 02/01/2000 01 1 F 17 3 1 0 ~ L~, 218 ~ A~, ~ B, ~ ~ 0 0 0 B 0 0 02 1 F 58 3 1: 2 ~.~ L. ~, 536 ~ ~ ~, ~ 0 0 0 B 0 0 ~lT~ Wi'iH ~ ~l'. ~l'l' 1 ~ ~ ~ ~ S~ OF ~ ~l'l~ ~ ~ 200' S~E ~ OF 3-6) ~ ~OF ~ 1 ~- ~2 ~AD~~~ ~D~ S~E ~~~ 1 ~G 9429672 ~ 098 690575 08/15 ~". 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MEiV'L,~L ~RSP~E TO ~ SHEETS R~PORTABL~ ~ NON-REPOETABLg ~--~ PRNNDOT USE ONLY ~ 00-011 ~.Accro~rD~ZB 02/0i/2000 ~0.DA~ Or ~SZ ~.~y ~ ~1~ ~i~ ~'~ ~x'~"~vm o~ 1531 ~='~or ~s 06 '-~'"'~/ { .-~oL nl/' a G. ~ 6 ~la 21 ~IT ~: 04 - ~r~ O~Y I~TION 'r~T ~ ~ SINCE ORIGI~ ~RT o~-o~-~ ~ 44665160 s~.n~ 4o.~,~ ~R- ~~ ~O.C~,S~A~ ~D~S 523 BIG S~ ~ B~ 717 932-2280 zz~oo~ ~ ~~, PA 17070 1991 ~ ~.~ ~ 04 v~s 0 O~HZ~ ~ ZZ~D~ POLICB ACCIDI~NT ~REF~R TO O~ SH~TS P.~PORTABLS r~ NON-R~PORTAB~ ~ PS~OT US~ ONLy 00-011 S.AC=XDR~OM 02/01/2000 ~0.VAY OV ~Z ~.~y ~ ~1~ ~li~ ~hie ~'=~ o~ ~=.~ v~ 1531 o~ ~ 06 ~ ~ zo~ 01/04 0 ~ ACC~D~ y ~.t,~ G. ~ 6 ~rl~ 21 05 . ~'1~ O~Y I~TION ~T ~ ~ SINCE ORIGI~ ~PORT ~ 48719~8 ~ ~ ~T,~ 60.CI~,STA~ 130 ~ b'l~r ~ 717 774-6560 ~ ~, PA 17070 ~.~ c~s 04 us~s 0 o~s~ 98 ~ i - ~'1~ A~C ~ ~. 94. I~RSTI~ATION .o ~000258 ~s ~ POL~CHACC~DHN~SUPP~R~L z.xsc~m~rm.~m~ 00-01t S.ACCZDSNTDAT~ 02/01/2000 ~O.DAY o~ ~K ~.~y ~'~"~ ~ ~1~ ~li~ ~ ~.r~ o~ 1531 06 ~,T.T~ G. ~ 6 ~1~ 21 ~IT ~: 06 - ~r~ O~Y I~O~TION ~T ~ ~ SINCE ORIGI~ ~RT ~s..a vx~ o~ 483992~ 4o.o~ ~ E. ~I~. ~sss 320 N. ~ ~i' '4.~MM.~J~S.DRI~R J ~.DRI~R ~ Z:~D~ ~~, PA 17057 <:'~1989 J**.~ ~ HUGH A. DONAGHUE JAMEB ~ BRADLEY MICHAEL B. EGAN DONAGHUE & BRADLEY March l8,2002 Michael P. Creedon, Esquire 29 E. Marshall Street Norristown, PA 19410 RE: Lemoyne Auto Sales vs. Tolentino etal C.C.P. Montgomery County No. 02-02210 Dear Mr. Creedon I have made several attempts to contact you by phone; however my phone calls have gone unreturned. I am enelosihg a copy of my Entry of Appearance, Demand for Jury Trial and Rule to File Complaint, the originals of which are being filed of record with the Prothonotary. I would respectfully suggest that should you wish to pursue this matter that you voluntarily transfer the case to Cumberland County. Thank you for your anticipated cooperation in this matter. Very truly yours, JPB:jt Enclosures James P. Bradley VERIFICATION I,JAMES P. BRADLEY, ESQUIRE, verify that I am the attorney for Defendants Ferdinand Tolentino and Soledad Tolentino herein and as such am authorized to take this Verification on their behalf. I further verify that the facts set forth in Defendants' Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsifications to authorities. A~S P. BRADLEY, ESQU~R~ Attorney for Ferdinand T~lentino and Soledad Tolentino DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES VS. FERDINAND TOLENTINO and SOLEDADTOLENTINO and KAREN A. CLUTTER and AMANDA LYNN DAVEY COURT OF COMMON PLEAS MONTGOMERY COUNTY, PA. NO. 02-02210 CERTIFICATION OF SERVICE James P. Bradley, Esquire, attorney for Defendants Tolentino hereby certifies that a tree and correct copy of the within Preliminary Objections of Ferdinand and Soledad Tolentino Pursuant to PA R.C.P. 1028(a)(1) was forwarded via U.S. First Class Mail, on April 5, 2002 to: Michael P. Creedon, Esquire 29 E. Marshall Street Non/stown, PA 19401 Karen A. Clutter 218 Ross Avenue, 2nd Floor New Cumberland, PA 17070 Amanda Lynn Davey 218 Rose Avenue, Apt. B New Cumberland, PA 17070 I IIIIIIIIIIII1 1111111117111111111111111111111111t1111111111111111111t1111 %.../ , JameS. Bradley, Esquire dated: April 5, 2002 To: ORDER FOR SERVICE Please prepare a separate request for service f~'m~i~acb a~.e,~.a .... ' · Sheriff John p. Duraatc Montgomery County Court House P.O. BOX 311 Norristown, Pa. 19401-0311 Phone: 610-278-3331 : Fax Attorney's Or Plaintiff's Name and Address: Michael p. Creedon, Esquire CREEDON & FELICIANI, P.C. 29 East Marshall Street Norris town, Pa. 19401 ATTY.ID# 24460 Teteph°ne#610 239-9630 : 610-278-3832 (' l l#llllllllllllllllllllllllllllllll 20024)2210-00 Se,-~ed I ~'~f Montgomect County Pmthonota~' Willlan { l)om~cllv I'hur~w. April 25.2002 civil ^=i°"Comp 1 a '.~_-_-m ~,vrit ofm¢=.jo, k~-~ Conf~.,q Judgement Writ of Execution A~c~ Compl~nt in Ej=chu=nt Writ of Execution Gmish~ Posting W~t of Sei~' ~ Impo~dment Lemoyne Auto Sales Ferdinand .tino, Soledad Tolentino, Karen Clutter and Amanda Davey DEFENDANT Service Upon: Karen A. Clutter LOCATION (ML~T HAVE VALID ADDRESS OR DIRECTIONS) 218 Ro s s_Auenne- 2nd~Ft-6~r -- PERSON SERVED RELATIONSHIP / POSITION PLACE OF SERVICE TIME OF SERVICE NUMBER OF ATTEMPTs DEPUTY (o ~ Cumberland, Pa. 17070 rk County) __ ,v~- _ . ~ ~ -/' LAST DAY FOR SERVICE z'/ A~MPTED SERVICE DATE & TIME ~ro I ~: DEP~: ~' ........ .-'~,0~ uep~t ~,. ~,~ ~, ,. ' Zt'f~hed gc~,J/~ %--,:* ~, ' ........ ',,',,; o~ COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 3 DEFENDANT/S/ FERDINAND TOLENTINO ET AL INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES LEMOYNE AUTO SALES 12. COURTNUMBER XX: N?-N~'IN 4 TYPEsuMOF &WRITcoMpOR COMPLAINT 5 NAME OF INDIVIDUAL, COMPANY CORPORATION, ETC. TO SERVE OR DESCR PT ON OF PROPERTY TO BE LEVIED A%FACHED, OR SOLD KAREN A. CLUTTER 6. ADDRESS (STREET OR RFO W TH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) 218 ROSS AVENUE 2ND FL. NEW CUMBERLNAD, PA 17070 SERVE AT 7 iNDICATE SERVICE: LJ PERSONAL [] PERSON IN CHARGE LJ DEPUTIZE [] CERT. MAIL -~ 1ST CLASS MAIL [] POSTED ~ OTHER NOW ,20 __ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIALINSTRUCTIONSOROTHERINFORMATIONTHATWILLASSISTINEXPEDITINGSERVICE: OUT OF COUNTY MONTGOMERY ADVANCED FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possesmon, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sherifCs sale thereof 9. TYPE NAME and ADDRESS of A~q'QRNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED CREEDON & FELICIANI 29 E. MARSHALL ST. NORRISTOWN, PA 19401 610-239-9630 3-13-02 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) MONTGOMERY CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13 lacknowledgereceiptoftbewdt 14. DATE RECEIVED 15. Expiration/HearingDate or complaint as indicated above. R. AHRENS 3-18-02 4-12-02 16 HOWSERVED: PERSONAL('~) RESIDENCE(~) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17 J I hereby certify and retum a NOT FOUND because I am unable to Iccate the individual, company, etc. name above (See remarks below) 18. ~JA~E AND TITL~)F IN~'~./I~UA~,.~VED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. D te of trice 20 22, F~E-MARKS ~1 /.~O .~.2 ~=MPTS. te Tim~ Miles ~ln~' ~*¢,~/',,,2~J,~Date Time Miles /.¢5'1nt' Date Time Miles n J Date Time Miles Iht Da e ~me Miles n . Da e ~me M~les' Int. C, 4.00 "~ Service Costs 25 N/F 26 Mileage 27 Postage 28. SubTotal 30 Adva~o~C~.~t-'"'°~' 24. 18.00 5-0J27.74q 50.74 29 Pou.d ,omry 41 AFFIRMED and subscribed TO before me this '~ ~T , 42 dayof API~TT. IF""--'-'""'~'"~ ' ;~ ...... O~RY I ~ My ~mm;s~on L :¢~ Mar. 21, 2~5 ] 54.74 31 Surchg. 3Z~s 20.26 To , s,s ,44. Signature of ~ ~,~/.~ I ANSWERS '~1~. Shebff 46. Signature of York WI~I~ M. ~OSE _ 48. Signature of Foreign County Shebff 47 DATE 411102 49. DATE 50. ~ ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AU fHORIZED ISSUING AUTHORITY AND TITLE 51 DATE RECEIVED 1 WHITE - Issuing Authority 2. PINK - AEomey 3. CANARY- Sheriff's Office 4 BLUE Shedff's Office To: MONTGOMERY COUNTY SllERIFF"S DEPARTMENT ORDER FOR SERVICE Please prepare a separate request for service 2no2-02210-0015 Served / //~ . ,o ncr~. County P~th?notary ' Con&ssed Judgement 29 East Marshall Street [ Norris to~, Pa. 19401 SheriffJotm P. Durante Montgomery County Court House P.O. Box 311 Norristown, Pa. 19401-0311 Phone: 610-278-3331 Fax Attorney's Or Plaintiff's Name and Address: ~Iichael P. Creedon, Esquire CREEDON & FELICIANI, P.C. ATTY.ID# 24460 Teleph°ne#610) 239-9630 Lemoyne Auto Sales Vs. . Ferdinand Tolentzno, Soledad Tolentino, Karen Clutter and Amanda Davey PLANTIFF FOR SHERIFF USE ONLY PERSON SERVED RELATIONSHIP / POSITION PLACE OF~VI~E DEFENDANT DATE/~ERVICE ~ ~ff~ TIME'OF SERVICE Servicel~pon: .~m-d~--L'y'n~ ~v e y NUMBER OF A 1 l I;MPTS LOCATION (/~JS'T'f~VE VALID ADDRESS OR DIR.E~Q~S) Ap~. B / ' umberla d, l 0 0/ !~_unyy) / LAST DAY FOR SERVICE. \[~, ~ SERVICE NOT MADE BECAUSE: ~E: TIIVIE: DEPUIY: I NO-St~iCE ~ I ~A~AODP~SS I i U~.~OWNAVA~SS I ~OWSD ~ I ~umDr~o VAC~,rr t I ADDP~SS our or cotmv¥ % POSSESSION TAKEN: DATE: A 1 I t:MPTED SERVICE DATE & TIME SHERIFF'S RETURN DEPUTY: NEED BEII~R~D~SS OTHER Shedff County of Monts~omeryto e×ecute and mak? return / ~ ~' ~ Sh~rl~ $ ~ Advance enc~set s~v~so~ .~P~ov~ COUNTY OF YORK OFFICE OF THE SHERIFF sE.v,cEc,LL 2 of 2 (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES LEMOYNE AUTO SALES 4 02-02210 TYPE OF WRIT OR COMPLAINT SUM & COMP 3 DEFENDANT/S/ FERDINAND TOLENTINO, ET AL SERVE /' 5 NAMEOFINDIVDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPT ON OF PROPERTY TO BE LEV ED ATTACHED, ORSOLD. AMANDA LYNN DAVEY 6 ADDRESS t~ I Nbb I OR RFC WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 218 ROSS AVE. APT. B NEW CUMBERLAND PA 17070 ¢'7cc~c¢ 7 INDICATE SERVICE: L] PERSONAL 0 PERSON IN CHARGE Q DEPUTIZE F.J CERT MAIL J 1ST CLASS MAIL 6J POSTED tJ OTHER NOW ,20 __ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request add risk of the plaintiff. SHERIFF OF YORK COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY. OUT OF COUNTY MONTGOMERY NOTE: ONLY APPLICABLE ON WRiT OF EXECUTION: N.B. WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under wdhin wht may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any properly before sheriffs sale thereof 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). MONTGOMERY CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13 I acknowledge receipt of the writ or complaint as indicated above R. AHRENS t 4.3 ..D'~T~ _RCCzEiVE D 16 HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17 *~ I hereby oerti[y and return a NOT FOUND because I am unable to locate the individual, company, otc name above (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 ~me of Service 21 A~FEMPTS~ie [~)Time ~Miles ~h~;Int D e I'~'~lime ~'~Miles ~' Iht Date lime Miles lat. Date lime Miles Int I Date lime Miles Int. I Date lime Miles Int. 22. REMARKS: 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 34. Foreign County Costs I 35 Advance Costs I 36. Service Costs 41 AFFIRMED and subscribed to before me this 42 day of Ija m es V V,N] r°~r~,~ln ,S HeCta ry Public 50 I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND ITLE 28. Sub Total 29 Pound 30 Notary 31. Surchg. 32. Tot Costs 33 Costs Due or Refund Check No. 37. Notary Cert. I 38. Mileage/Posted/Not Found I 39. Tota, Costs [ 40 Costs Due o, Refund SO ANSWERS t4. Signature of 45. DATE , Sheriff ~/~/"~ 411/02 46. Signature of York .,~ //' 47. DATE Couofy Sheriff · WILLIAM M. HOSE 48.CountySignatUresheriff°f Foreign ¢,¢/ 49 DATE 51. DATE RECEIVED WHITE - issuing Authority 2. PINK - Attorney 3 CANARY - Sheriffs Office 4. BLUE Sheriffs Office SENT BY:ONE-MEETINGHOUSE-PLACE; 7- 2- 2 ; 9:21 ; 6105653037;e 2/ 2 "IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEMOYNE AUTO SALES NO 02-02210 FERDINAND TOLENTINO, SOLEDAD TOENTINO AND T~ A DRXT AMANDA LYNN DAVR¥ '. ARGUMENT PRAECIPE Please submit the tbllowing ,nattcr to tile designated Judge tbr disposition: XX..X~ INTERLOCUTORY matter subject to Montgome,y County Local Rule '301; (Specify) Pre!imen=-ry Ckjccticns cf U~,zdina~d ~d" Soledad Tolentino pursuant to Pa.R.C.P. 1028(a) (1) (Name of Moving Party) l')tmf~nr]~n~-~ q~nl ~tine APPEAL~RI.E matter subject to Montgomery County Local Rule '302: (Specify) (Name of Moving Party) WAS.BRIEF ATTACHED TO THE ABOVE MAT'I'ER?: XXXyes ~ No ORAL ARGUMENT: Requested x~ Waived Signature F"'g y James P. Bradley, Esquire #~79 Name Typed anti Attorney [.D, # 610-565-9120 fax 610-565-3037 Phone Number NOTE - PRAECIPE TO BE FILED IN DUPLICATE WITH TIlE PROTHONOTARY - BRIEFS TO BE FILED IN COURT ADMINISTRATION ONLY DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES : COURT OF COMMON PLEAS : MONTGOMERY COUNTY, PA. VS. : FERDINAND TOLENTINO : and : SOLEDAD TOLENT1NO : NO. 02-02210 and : KAREN A. CLUTTER : and : AMANDA LYNN DAVEY : CERTIFICATION OF SERVICE James P. Bradley, Esquire, attorney for Defendants Tolentinos hereby certifies that a tree and correct copy of the within Argument Praecipe was forwarded via U.S. First Class Mail, on July 2, 2002 to: Karen A. Clutter 218 Ross Avenue, 2nd Floor New Cumberland, PA 17070 Amanda Lynn Davey 218 Ross Avenue, Apt. 8 New Cumberland, PA 17070 Michael P. Creedon, Esquire 29 E. Marshall Street Norristown, PA 19410 dated: IIIIIIl/lll/llllllllll/lllllll/li/lllllllll!lllllllllll/llllll/lllllll III1 2o<12 I;221o ,~l~ 7 LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A, CLUTTER and AMANDA LYNN DAVEY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :.o. 2-j : . : ; : : CIVIL ACTION - LAW TO: NOTICE TO PLEAD Lemoyne Auto Sales C/o Michael P. Creedon, Esquire 29 East Marshall Street Norristown, PA 19401 Karen A. Clutter 218 Ross Avenue, 2nd Floor New Cumberland, PA 17070 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 YOU ARE HEREBY NOTIFIED that the Answer to Complaint and New Matter set forth herein contains averments against you to which you are required to respond within Failure by you to do so may constitute an twenty (20) days after service thereof. admission. Respectfully submitted, NEALON & GOVER, P.C. Date: Andrew C. Lehman, Esquire I.D. #: 81.937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER, and AMANDA LYNN DAVEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW FERDINAND AND SOLEDAD TOLENTINO'S ANSWER AND NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) Admitted based upon information and belief. Admitted. Admitted. 4 - 12. Denied as stated; however, it is admitted that on February 1, 2000, defendant Amanda Lynn Davey was operating a 1992 Geo Prism bearing Pennsylvania Registration DCP0728. It is further admitted that Ms. Davey was operating said vehicle in a westerly direction on Second Street. By way of further averment, it is further admitted that Ms. Davey failed to properly stop and yield at a legally marked stop sign controlling her lane of travel at the intersection of Second Bridge Streets in New Cumberland, Cumberland County, Pennsylvania. As a result of defendant Davey failing to properly stop and/or yield at said stop sign, defendant Davey struck a 1999 Plymouth Neon bearing Pennsylvania Registration BTV6285, operated by defendant Soledad L. Tolentino; as a result of the collision between the two vehicles, the vehicle operated by defendant Soledad Tolentino was caused to jump the curb and strike several cars located on plaintiff's parking lot. The remaining averments contained in said paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 13. After reasonable investigation, answering defendants are without sufficient information, knowledge or belief as to the truth of the matter asserted and proof is demanded at trial. COUNT I 14. Answering defendants incorporate paragraphs 1 through 13 as if set forth at length by reference thereto. 15. Said paragraph and all of its sub-parts are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). COUNT II 17. Paragraphs 1 through 16 are incorporated herein by reference thereto as if set forth at length. 18. Said paragraph and its sub-parts are denied pursuant to Pa.R.C.P. 1029(e). 19. Denied pursuant to Pa.R.C.P. 1029(e). COUNT III 20. Paragraphs 1 through 19 are incorporated herein by reference thereto as if set forth at length. 21. Denied as after reasonable investigation defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted and proof is demanded at trial. 22-23. Denied pursuant to Pa.R.C.P. 1029(e). COUNT IV 24. Paragraphs 1 through 23 are incorporated herein by reference thereto as if set forth at length. 25-26. Denied. It is specifically denied that Ferdinand Tolentino was acting as agent, servant, workman and/or employee of Soledad Tolentino at the time of the accident or that Soledad Tolentino was acting as agent, servant or workman and/or employee of Ferdinand Tolentino at the time of the accident in question. To the contrary, Soledad Tolentino was acting on her own personal business at all times material to hereto. 27-28. Denied as answering defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted and proof is demanded at trial. 29. This paragraph is a conclusion of law to which no responsive pleading is required, however to the extent this Honorable Court deems a response appropriate, the same is denied pursuant to Pa.R.C.P. 1029(e). 30. Denied pursuant to Pa.R.C.P. 1029(e). NEW MATTER 3'1. The accident giving rise to the within cause of action occurred on February 1, 2000. 32. The applicable Statute of Limitations was two years from the date of the accident or February 1, 2002. 33. The within action was initiated by a Writ of Summons which was filed on Monday, February 4, 2002. 34. 35. 36. Limitations. WHEREFORE, The Statute of Limitations expired on Friday, February 1,2002. Friday, February 1, 2002, was not a legal holiday. The plaintiff failed to initiate the within action within the applicable Statute of answering defendants demand judgment in their favor along with counsel fees, costs and interest. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 37. If the averments set forth in plaintiff's complaint are proven, although specifically denied, then any damages sustained by plaintiff were caused by the negligence of Karen A. Clutter and/or Amanda Lynn Davey and not by any conduct of the part of answering defendants. In the alternative, any damages sustained by plaintiff, if proven, were caused by the joint and several negligence of defendants, however, any negligence on the part of Soledad Tolentino and Ferdinand Tolentino remains specifically denied. WHEREFORE, answering defendants demand judgment in their favor by way of indemnity and/or contribution against defendants Karen A. Clutter and/or Amanda Lynn Davey for all that sums that may be awarded in favor of plaintiff along with counsel fees, costs and interest. Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire Attorney for Ferdinand and Soledad Tolentino I.D. #81,937 2411 North Front Street Harrisburg, PA 17110 VERIFICATION I, Ferdinand Tolentino, duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer and New Matter and New Matter Pursuant to PA R.C.P. 2252(d) are tree and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. VERIFICATION I, Soledad Tolentino, duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer and New Matter and New Matter Pursuant to PA R.C.P. 2252(d) are tree and correct to the best of my knowledge, information and beliefi This Verification is made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. /Soledad Tolentino CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2002, ~ hereby certify that I have served the foregoing Ferdinand and Soledad Tolentino's Answer and New Matter Pursuant to Pa.R.C.P. 2252(d) on the following by depositing a true and correct copy of same in the United States mail postage prepaid, addressed to: Michael P. Creedon, Esquire Karen A. Clutter 29 East Marshall Street 218 Ross Avenue, 2nd Floor Norristown, PA 19401 New Cumberland, PA 17070 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 Andrew C. Lehman, Esquire LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER and AMANDA LYNN DAVEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Ferdinand Tolentino and Soledad Tolentino, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81,937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ,¢~ day of September, 2002, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael P. Creedon, Esquire 29 East Marshall Street Norristown, PA 19401 Karen A. Clutter 218 Ross Avenue, 2® Floor New Cumberland, PA 17070 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 Andrew C. Lehman, Esquire LEMOYNE AUTO SALES, Plaintiff, Mo FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER, and AMANDA LYNN DAVEY, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 02-4755 CIVIL ACTION - LAW MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW comes Ferdinand Tolentino, by and through his counsel, Nealon & Gover, P.C., and files the within Motion for Judgment on the Pleadings. 1. The accident giving rise to the within cause of action occurred on February 1,2000 in New Cumberland, Cumberland County, Pennsylvania. 2. Plaintiff, Lemoyne Auto Sales, filed a Praecipe for Summons on February 4, 2002 in the Montgomery County Court of Common Pleas. A true and correct copy of the Praecipe for Summons is attached hereto as Exhibit "A". 3. Thereafter, on or about February 11, 2002, Plaintiff, Lemoyne Auto Sales, filed a Complaint in the Montgomery County Court of Common Pleas. The Plaintiff conspicuously fails to set forth the date of the accident giving rise to the within action. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "B". 4. After the Complaint was filed in the above matter, Ferdinand and Soledad Tolentino's previous counsel filed Preliminary Objections. 5. On July 12, 2002, the Court of Common Pleas for Montgomery County sustained moving Defendant's Preliminary Objections and transferred the within action to Cumberland County. A true and correct copy of the Montgomery County Court Order is attached hereto as Exhibit "C". 6. Thereafter, the undersigned entered his appearance and initiated the within action in Cumberland County by filing the appropriate filing fee. 7. The undersigned, on behalf of Defendants Ferdinand and Soledad Tolentino, filed an Answer with New Matter Pursuant to Pa.R.C.P. 2252(d) on or about September 30, 2002. A true and correct copy of Defendants' Answer with New Matter is attached hereto as Exhibit "D". 8. In moving Defendants' Answer, the New Matter raises a violation of the applicable statute of limitations. 9. The within action is governed by a two-year statute of limitations as Plaintiffs seek to recover property damage in the amount of $3,652.93. (42 Pa.C.S.A. §5524). The applicable statute of limitations expired two years from the date of the accident, which was Friday, February 1,2002. 10. 11. limitations. Friday, February 1,2002, was not a legal holiday. Plaintiff failed to initiate the within action within the applicable statute of 12. Moving defendants are entitled to judgment on the pleadings because their "right to succeed is certain and the case is so free from doubt that the trial would clearly be a fruitless exercise." Weik v. Estate of Brown, 794 A.2d 907,909 (Pa. Super. 2002). WHEREFORE, moving Defendants, Fredinand and Soledad Tolentino, are entitled to judgment on the pleadings as a matter of law. Date: Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Exhibit A IN THE COURT OF COi~ION PLEAS OF MONTGOHERY COUNTY, PENNSYLVANIA Lemoyne Auto Sales : 130 Bridge Street : New Cumberland, Pa. 17070 : VS. : Ferdinand Tolentino : NO. _ Civil- Action 596 Fishing Creek Road Lewisberry, Pa. 17339 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111111 1111111111111111111 .( )( )__ - _ J ()-()( l( )( I ~[llltJllOllS - Civil Action N.lontgomt~%' (.~c, ultly I~"otl{ouotary William [-i Dom~ellv Monday. Fobz't,i~q.' 0 l. 2U02 05:16:00 PM TO THE .PROTHONOTARY: Date: February 4, 2002 Issue Summons in Civil Action in the above case. Writ of Summons shall be forwarded to ~'~ Attorney [] Sheriff 'Sigdature of Attorn~Y-- 1-~ichael P. Creedon, Esquire 29 E. ~rshall Street Norristown, Pa. 19401 (610) 239-9630 Name/Address/Telephone Number of Attorney ID Number: 24460 TO: Date: SUIi~ONS IN CIVIL ACTION o ntino. You are .otified that the Plaintiff(s) has/have commenc~U against you. SEAL OP WILLIAM E.~DONNELLY/ THE Prothonotary COURT ~eputy I)'rothonotary Addresses must be included for all parties. 8/90 Exhibit B CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQUIRE I.D. No. 24460 29 E. Marshall Street Norristown, Pa. 19401 (610) 239-9630 19000-01003 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA. CIVIL ACTION - LAW LEMOYNE AUTO SALES 130 Bridge Street New Cumberland, Pa. 17070 VS. FERDINAND TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and SOLEDAD TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and KAREN A. CLUTTER 218 Ross Avenue, 2nd Floor New Cumberland, Pa. 17070 and AMANDA LYNN DAVEY 218 Ross Avenue, Apt. B New Cumberland, Pa. 17070 · NO. 02-02210 COMPLAINT 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 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 fall 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. LAWYER REFERENCE SERVICE Montgomery County Bar Association 100 West Airy Street P. O. Box 268 Norristown, PA 19401 610-279-9660 CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQUIRE I.D. No. 24460 29 E. Marshall Street Norristown, Pa. 19401 (610) 239-9630 19000-01003 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA. CIVIL ACTION - LAW LEMOYNE AUTO SALES 130 Bridge Street New Cumberland, Pa. 17070 VS. FERDINAND TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and SOLEDAD TOLENTINO 536 Fishing Creek Road Lewisberry, Pa. 17339 and KAREN A. CLUTTER 218 Ross Avenue, 2nd Floor New Cumberland, Pa. 17070 and AMANDA LYNN DAVEY 218 Ross Avenue, Apt. B New Cumberland, Pa. 17070 NO. 02-02210 COMPLAINT COMES NOW, plaintiff, Lemoyne Auto Sales, by and through its attorneys, Creedon & Feliciani, P.C., and avers the following in support of its Complaint: 1. Lemoyne Auto Sales is a business entity licensed to do business in the State of Pennsylvania with an address of 130 Bridge Street, New Cumberland, Pa. 17070. 2. Defendant, Ferdinand Tolentino is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at 536 Fishing Creek Road, Lewisberry, Pa. 17339. 3. Defendant, Soledad Tolentino is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at 536 Fishing Creek Road, Lewisberry, Pa. 17339. 4. Defendant, Karen A. Clutter is an adult individual and citizen of the Commonwealth of Pennsylvania with an address of 218 Ross Avenue, 2"d Floor, New Cumberland, Pa. 17070. 5. Defendant, Amanda Lynn Davey is an adult individual and citizen of the Commonwealth of Pennsylvania with an address of 218 Ross Avenue, Apt. B, New Cumberland, Pa. 17070. 6. Plaintiff is in the business of selling automobiles. 7. As part of its business of selling automobiles, plaintiff displays vehicles on a parking lot located at 130 Bridge Street, New Cumberland, Pa. 8. Defendant, Amanda Lynn Davey was driving a vehicle owned by Karen Clutter believed to be a 1992 Prism. 9. Defendant, Soledad Tolentino was driving a vehicle owned by Soledad and Ferdinand Tolentino. 10. Ms. Davey was driving on Second Street. 11. The Tolentino vehicle was driving on Bridge Street. 12. Ms. Davey pulled her vehicle into the intersection striking the Tolentino vehicle causing it to jump the curb and strike four vehicles owned by plaintiff and parked on plaintiff's lot. 13. As a result of the collision between the defendants' vehicles, plaintiff suffered damage to its property in the amount of $3,562.93. COUNT I PLAINITFF VS. ALL DEFENDANTS 14. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 13 of its Complaint, inclusive, as though the same was fully set forth at length herein. 15. Defendants' negligence consisted of: (a) driving too fast for conditions; (b) failing to maintain a proper look out; (c) disobeying the appropriate traffic control devices; (d) failure to have their vehicles under proper control so as to be able to stop without becoming involved in an accident; (e) failing to yield the right of way; (f) failing to properly alert a vehicle that the driving intended to enter the intersection. 16. As a result of the negligence of the defendants, plaintiff suffered property damage to its vehicles in the amount of $3,562.93. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. COUNT II 17. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 16 of its Complaint, inclusive, as though the same were fully set forth at length herein. 18. Defendants' negligence consisted of.' (a) entrusting a motor vehicle to a person who was not properly trained and/or instructed in the operation of a motor vehicle; (b) entrusting a motor vehicle to a person that defendants knew or in the exercise of reasonable care should have known was an incompetent driver and/or had a reputation for reckless driving. 19. As a result of defendants' negligence plaintiff suffered damages in the amount of $3,562.93. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. COUNT III C ON TRIB U TION/INDEMNITy 20. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 19 of its Complaint, inclusive, as though the same were fully set forth at length herein. 21. As a result of the above-described accident, plaintiff's insurance carrier made payments to it pursuant to its policy of insurance. 22. Defendants are liable to plaintiff's insurance carrier by way of contribution and/or indemnity due to the payments made as a result of this accident. 23. As a result, defendants are liable for $3,562.93. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. COUNT IV PLAINTIFF V. ALL DEFENDANT~ 24. Plaintiff incorporates herein by reference its allegations in paragraphs 1 through 23 of its Complaint, inclusive, as though the same were fully set forth at length herein. 25. At all times relevant to plaintiff's Complaint, Ferdinand Tolentino was the agent, servant, workman and/or employee of Soledad Tolentino and acting on Soledad Tolentino's business at the time of the accident. 26. Soledad Tolentino at all times relevant to plaintiff's Complaint, was an agent, servant, workman and/or employee of Ferdinand Tolentino and acting on Ferdinand Tolentino's business at the time of the accident. 27. Karen A. Clutter was an agent, servant, workmen and/or employee of Amanda Lynn Dave¥ and was acting on Amanda Lynn Davey's business at the time of the accident. 28. Amanda Lynn Davey was the agent, servant, workman and/or employee of Karen A. Clutter and was acting on the business of Karen A. Clutter at the time of the accident set forth in plaintiff's Complaint. 29. Therefore, all defendants are liable to the plaintiff on the theory of respondeat superior. 30. As the result of the actions of all of the defendants, plaintiff suffered damages in the amount of $3,652.93 to its property. WHEREFORE, plaintiff, Lemoyne Auto Sales, demands judgment in its favor and against defendants. CREEDON & FELICIANI, P.C. BY: MICHAEL P. CREEDON, ESQUIRE Attorney for Plaintiff STATE OF PENNSYLVANIA: COUNTY OF MONTGOMERY VERIFICATION MICHAEL P. CREEDON, ESQUIRE, verifies that he is attorney for the Plaintiff, surpa, herein and that the party(ies) represented by Michael P. Creedon, Esquire either lack(s) sufficient knowledge or information or is/are outside the jurisdiction of the Court and the Verification of none of them can be obtained within the time allowed for filing the instant Complaint. This Verification is made from knowledge or information obtained from the law, investigative portions of plaintiff's file and/or from conversations with plaintiff and/or pleadings or discovery received to date. This Verification is subject to 18 Pa.C.S.A. § 4904 which provides for certain penalties for making false statements under oath. I~II(~RAEE-~. ~CREEDON Attorney for Plaintiff Exhibit C DONAGHUE & BRADLEY BY: JAMES P. BRADLEY, ESQUIRE Attorney I.D. No.: 18479 13 West Third Street Media, Pa. 19063 (610) 565-9120 Attorney for Defendants Ferdinand Tolentino and Soledad Tolentino LEMOYNE AUTO SALES VS. FERDINAND TOLENTINO and SOLEDADTOLENTINO and KAREN A. CLUTTER and AMANDA LYNN DAVEY COURT OF COMMON PLEAS MONTGOMERY COUNTY, PA. NO. 02-02210 ORDER And now to wit this [ ~'~Jay of ,2002, it is HEREBY ORDERED and DECREED that Defendants' Preliminary Objections are sustained and the action transferred to Cumberland County. BYT.~ COURT J. ~IILI~M T. NICHOLAS. J Copy of the above order mailed to the following on: 7/12/02 P. Bradley, Esquire Michael P. Creeden, Esquire Joseph Giannetti, Deputy Prothonotary Jac~.i,~ ~~ Court mdmin. S~ere~ary Exhibit D LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER and AMANDA LYNN DAVEY, Defendants TO: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO PLEAD ~ r_,,') .,q CIVIL ACTION - LAW ~;~': o .... Karen A. Clutter 2J8 Ross Avenue, 2na Floor New Cumberland, PA 17070 Lemoyne Auto SaLes C/o Michael P. Creedon, Esquire 29 East Marshall Street Norristown, PA 19401 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 YOU ARE HEREBY NOTIFIED that the Answer to Complaint and New Matter set forth herein contains averments against you to which you are required to respond within Failure by you to do so may constitute an twenty (20) days after service thereof. admission. Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire~ I.D. #: 81.937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER, and AMANDA LYNN DAVEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW FERDINAND AND SOLEDAD TOLENTINO'S ANSWER AND NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) Admitted based upon information and belief. Admitted. Admitted. 4 - 12. Denied as stated; however, it is admitted that on February 1, 2000, defendant Amanda Lynn Davey was operating a 1992 Geo Prism bearing Pennsylvania Registration DCP0728. It is further admitted that Ms. Davey was operating said vehicle in a westerly direction on Second Street. By way of fur[her averment, it is further admitted that Ms. Davey failed to properly stop and yield at a legally marked stop sign controlling her lane of travel at the intersection of Second Bridge Streets in New Cumberland, Cumberland County, Pennsylvania. As a result of defendant Davey failing to properly stop and/or yield at said stop sign, defendant Davey struck a 1999 Plymouth Neon bearing Pennsylvania Registration BTV6285, operated by defendant Soledad L. Tolentino; as a result of the collision between the two vehicles, the vehicle operated by defendant Soledad Tolentino was caused to jump the curb and strike several cars located on plaintiff's parking lot. The remaining averments contained in said paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 13. After reasonable investigation, answering defendants are without sufficient information, knowledge or belief as to the truth of the matter asserted and proof is demanded at trial. COUNT I 14. Answering defendants incorporate paragraphs 1 through 13 as if set forth at length by reference thereto. 15. Said paragraph and ail of its sub-parts are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). COUNT II 17. Paragraphs 1 through 16 are incorporated herein by reference thereto as if set forth at length. 18. Said paragraph and its sub-parts are denied pursuant to Pa.R.C.P. 1029(e). 19. Denied pursuant to Pa.R.C.P. 1029(e). COUNT III Paragraphs 1 through 19 are incorporated herein by reference thereto as if set 20. forth at length. 21. Denied as after reasonable investigation defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted and proof is demanded at trial. 22-23. Denied pursuant to Pa.R.C.P. 1029(e). COUNT IV 24. Paragraphs 1 through 23 are incorporated herein by reference thereto as if set forth at length. 25-26. Denied. It is specifically denied that Ferdinand Tolentino was acting as agent, servant, workman and/or employee of Soledad Tolentino at the time of the accident or that Soledad Tolentino was acting as agent, servant or workman and/or employee of Ferdinand Tolentino at the time of the accident in question. To the contrary, Soledad Tolentino was acting on her own personal business at all times material to hereto. 27-28. Denied as answering defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted and proof is demanded at trial. 29. This paragraph is a conclusion of law to which no responsive pleading is required, however to the extent this Honorable Court deems a response appropriate, the same is denied pursuant to Pa.R.C.P. 1029(e). 30. Denied pursuant to Pa.R.C.P. 1029(e). NEW MATTER 31. The accident giving rise to the within cause of action occurred on February 1, 2000. 32. The applicable Statute of Limitations was two years from the date of the accident or February 1,2002. 33. The within action was initiated by a Writ of Summons which was filed on Monday, February 4, 2002. 34. 35. 36. Limitations. WHEREFORE, The Statute of Limitations expired on Friday, February 1,2002. Friday, February 1, 2002, was not a legal holiday. The plaintiff failed to initiate the within action within the applicable Statute of answering defendants demand judgment in their favor along with counsel fees, costs and interest. NEW MATTER PURSUANT TO PA.R.C,P. 2252(d) 37. If the averments set forth in plaintiff's complaint are proven, although specifically denied, then any damages sustained by plaintiff were caused by the negligence of Karen A. Clutter and/or Amanda Lynn Davey and not by any conduct of the part of answering defendants. In the alternative, any damages sustained by plaintiff, if proven, were caused by the joint and several negligence of defendants, however, any negligence on the part of Soledad Tolentino and Fer~linand Tolentino remains specifically denied. WHEREFORE, answering defendants demand judgment in their favor by way of indemnity and/or contribution against defendants Karen A. Clutter and/or Amanda Lynn Davey for all that sums that may be awarded in favor of plaintiff along with counsel fees, costs and interest. Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire Attorney for Ferdinand and Soledad Tolentino I.D. #81,937 2411 North Front Street Harrisburg, PA 17110 VERIFICATION I, Ferdinand Tolentino, duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer and New Matter and New Matter Pursuant to PA R.C.P. 2252(d) are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. VERIFICATION I, Soledad Tolentino, duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer and New Matter and New Matter Pursuant to PA R.C.P. 2252(d) are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. /Soledad Tolentino CERTIFICATE OF SERVICE AND NOw, this ~ day of September, 2002, I hereby certify that I have served the foregoing Ferdinand and Soledad Tolentino's Answer and New Matter Pursuant to Pa.R.C.P. 2252(d) on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael P. Creedon, Esquire Karen A. Clutter 29 East Marshall Street 218 Ross Avenue, 2nd Floor Norristown, PA 19401 New Cumberland, PA 17070 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 Andrew C. Lehman, Esquire CERTIFICATE OF SERVICE AND NOW, this //'~day of January, 2003, I hereby certify that I have served the foregoing MOTION FOR JUDGMENT ON THE PLEADINGS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael P. Creedon, Esquire 29 East Marshall Street Norristown, PA 19401 Karen A. Clutter 218 Ross Avenue, 2nd Floor New Cumberland, PA 17070 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 Andrew C. Lehman, Esquire LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER and AMANDA LYNN DAVEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4755 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY AND HESS, J.J. ORDER AND NOW, this / 9" day of February, 2003, following argument thereon, the motion of the defendants for judgment on the pleadings is granted and the within action DISMISSED. t/Michael P. Creedon, Esquire For the Plaintiff Andrew C. Lehman, Esquire For Defendants Tolentino /'Karen A. Clutter 218 Ross Avenue, 2nd Floor Norristown, PA 19401 ,,,,"Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 BY THE COURT, A. Hess, J. :rim LEMOYNE AUTO SALES, Plaintiff VS. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER and AMANDA LYNN DAVEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4755 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY AND HESS., J.J. OPINION AND ORDER This case arises out of an accident that occurred on February 1, 2000. The salient facts are admitted by the defendants/movants, Ferdinand Tolentino aa~d Soledad Tolentino. According to their answer, defendant, Amanda Davey, was operating a 1992 Geo Prism on Second Street in the borough of New Cumberland, Cumberland County, when she failed to stop at a stop sign at Bridge Street and struck a 1999 Plymouth Neon operated by defendant, Soledad Tolentino. As a result of this collision, the vehicle operated by Tolentino jumped the curb and struck several cars located on the plaintiff's lot. Lemoyne Auto Sales filed a praecipe for writ of summons on Monday, February 4, 2002. On February 11, 2002, Lemoyne Auto Sales filed a complaint in Montgomery County Court of Common Pleas. Previous counsel for Tolentino filed preliminary, objections in that court. The preliminary objections were sustained and this action was transferred to Cumberland County. Tolentino filed an answer with new matter on September 30, 2002. The new matter raises a violation of the applicable statute of limitations. Pending before the court is a motion for judgment on the pleadings filed by Tolentino. Friday, February 1, 2002, was not a legal holiday. The section of the Judicial Code dealing with actions and proceedings which must be commenced within two years appears at 42 Pa.C.S.A. Section 5524. Specifically, such actions include: (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortuous conduct or any other action or proceeding sounding in trespass, including deceit or :fraud, except an action or proceeding subject to another limitation specified in this subchapter. An action may, of course, be commenced by the filing with the Prothonotary of a praecipe for writ of summons. Pa.R.C.P. 1007. In this case, there is no doubt that the praecipe was filed more than two years after the happening of the accident. In deciding a motion for judgment on the pleadings, we :must accept as true all well- pleaded statements of fact of the party against whom the motion is sought and consider against that party only those facts which are specifically admitted. The grant of such a motion occurs only when the moving party's right to succeed is free and clear :from doubt. Weik v. Estate of Brown, 794 A.2d 907, 909 (Pa. Super. 2002). In this case, it is indeed free from doubt that the statute of limitations had expired when the praecipe for writ of summons was filed. ORDER AND NOW, this [ ~ - day of February, 2003, following argument thereon, the ~ Plaintiff counters that because defendants "automatically have a comparative negligence action against the plaintiff," the tortfeasors in this case have a right of"contribution and/or indemnity" against the plaintiff thereby extending the statute of limitations. We can find no legal support for this novel, if not mystifying, argument. motion of the defendants for judgment on the pleadings is granted and the within action DISMISSED. Michael P. Creedon, Esquire For the Plaintiff Andrew C. Lehman, Esquire For Defendants Tolentino Karen A. Clutter 218 Ross Avenue, 2nd Floor Norristown, PA 19401 Amanda Lynn Davey 218 Ross Avenue, Apt. B New Cumberland, PA 17070 :rlm BY THE COURT, . Hess, J. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) LEMOYNE AUTO SALES, ( Plaintiff) vs. FERDINAND TOLENTINO, SOLEDAD TOLENTINO, KAREN A. CLUTTER, and AMANDA LYNN DAVEY, ( Defendant) No. 02-475'1 Civil 19 L State matter to be argued (Le.. plaintiff's rmtion for new trial. defendant's demrrrer to canplaint. etc.): Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Michael P. Creedon, Esquire Address: 29 East Marshall Street Norristown, PA 19401 (b) for defendant: Andrew C. Lehman, Esquire (Ferdinand and Soledad TOlentino) J\ddress: 2411 North Front Street Harrisburg, PA 17110 3. I will notify all parties in writing wi thin t'NO days that this case has been listed for argurent. 4. Argunent Court Date: 02/12/03 Dated: \ tn 100 ~~~IIy}/l'ew r? L~;nar\ Attorney for fe,cI""c.."c!.(-5clec:t.c1To!e....,f;/?o