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Home My WebLink About07-0343IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Victoria Oliver, 18 Moores Mill Mount Rose Rd. Pennington, New Jersey 08534 Plaintiff, Docket No.: Q'`j 31/.3 VS. Melba Strouse 117 Lang Road Newville, PA 17241 Darwin Strouse 15 Bridgewater Road Newville, PA 17241 Laura Oliver 18 Moores Mill Mount Rose Rd. Pennington, New Jersey 08534, Defendants Attorney I.D.# 69365 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 DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOUR 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 CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISE, PA 17013 (800) 990-9108 (717) 249-3166 PHILIP J.COHEN, ESQUIRE Attorney for Plaintiff Attorney I.D. No. 69635 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Victoria Oliver, 18 Moores Mill Mount Rose Rd. Pennington, New Jersey 08534 VS. Melba Strouse 117 Lang Road Newville, PA 17241 Darwin Strouse 15 Bridgewater Road Newville, PA 17241 Laura Oliver 18 Moores Mill Mount Rose Rd. Pennington, New Jersey 08534, Plaintiff, Defendants. Docket No.: 07 -3q,3 &Lc-7l Attorney I.D.# 69365 VERIFIED COMPLAINT AND DEMAND FOR TRIAL BY JURY The Plaintiff Victoria Oliver, residing at 18 Moores Mill Mount Rose Rd., in the Borough of Pennington, County of Mercer and State of New Jersey, by way of Complaint, say: COUNT ONE 1. At all times hereinafter mentioned the Plaintiff was an occupant in a motor vehicle operated by Laura Oliver which was involved in the hereinafter mentioned accident. 2. The Defendant, Melba Strouse, upon information and belief residing at 117 Lang Road, in the Township ofNewville, County of Cumberland, Commonwealth of Pennsylvania, at all times hereinafter mentioned, operated and controlled a motor vehicle involved in the hereinafter mentioned accident. The Defendant, Laura Oliver, upon information and beliefresiding at 18 Moores Mill Mount Rose Rd., in the Borough of Pennington, County of Mercer, State of New Jersey, at all times hereinafter mentioned, operated and controlled another motor vehicle involved in the hereinafter mentioned accident 4. On or about February 1, 2005 at or near the 200 Block of West High Street, in the Borough of Carlise, County of Cumberland, Commonwealth of Pennsylvania, the said motor vehicles were involved in an automobile collision. 5. The aforesaid motor vehicle collision was caused by Defendants', and each of them, carelessness, negligence and with reckless indifference of the safety and rights of others, and consisted of the following: (a) operation of the Defendant's motor vehicle at a high and excessive rate of speed under the circumstances; (b) failure to have Defendant's motor vehicle under proper and adequate control under the circumstances; (c) failure to allow sufficient braking and stopping room for other vehicles; (d) failure to have due regard for the point and position of said motor vehicle containing Plaintiff, (e) violations of the statutes and the Commonwealth of Pennsylvania and local ordinances; (f) otherwise failing to exercise due care under the circumstances; (g) operation of the Defendant's motor vehicle with an obstructed vision of his/her pathway; (h) failure to make careful and proper observations prior to proceeding forward; (i) failure to drive with an assured clear distance ahead; 0) failure to properly obey traffic control devices, signs and signals; (k) operating a motor vehicle while under the influence of drugs and/or alcohol. 6. As a direct and proximate result of each Defendants' aforesaid negligence the Plaintiff sustained injuries in and about their heads, bodies and extremities, which injuries are or may be serious, severe, and permanent. Plaintiff have suffered and may continue to suffer great physical pain, serious and permanent injuries and mental anguish; have been and may continue to be prevented from attending to Plaintiff s usual activities, duties, and occupations; have suffered and may continue to suffer loss of earnings and earning capacity; and have incurred and may continue to incur various medical expenses in and about an effort to cure Plaintiff of the aforesaid injuries. WHEREFORE, Plaintiff, Victoria Oliver, prays for Judgment against Defendants, Melba Strouse, and Laura Oliver, individually, jointly and severally, and in the alternative for a sum in excess of Fifty Thousand Dollars ($50,000.00) for compensatory damages, together with interest on the Complaint and the costs of this suit, and all other relief deemed just and equitable. COUNT TWO 7. Plaintiff, Victoria Oliver, incorporates by reference all of the preceding Count of this Complaint as if each and every one were individually set forth within this Count. At all times relevant and material hereto, the Defendant, Melba Strouse, acted as the agent, servant, and/or employee of the Defendant, Darwin Strouse. 9. At all times relevant and material hereto, the Defendant, Melba Strouse, was acting within the scope of his employment. 10. The Defendant, Darwin Strouse, is liable to the Plaintiff Victotia Oliver for the injuries sustained by the Plaintiff as set forth in Count One resulting from the negligence of its employee, Melba Strouse, in the course and scope of her employment. WHEREFORE, Plaintiff, Victoria Oliver, prays for Judgment against Defendant, Darwin Strouse, individually, jointly and severally, and in the alternative for a sum in excess of Fifty Thousand Dollars ($50,000.00) for compensatory damages, together with interest on the Complaint and the costs of this suit, and all other relief deemed just and equitable. DEMAND FOR TRIAL BY JURY The Plaintiffs demand a trial by jury on all Counts of this Complaint. Law Ofgc6s of BY: ? COHEN & ASSOCIATES Cohen, Esquire Id. No. 69365 Dated: 1 467 VERIFICATION TO COMPLAINT Plaintiff verify that the statements made in this Complaint are true and correct. Plaintiff understand that false statements made herein are made subject to the penalties of 18 PA.C.S., Section 4904, relating to unworn falsification to authorities. DATED: I a ??b a --r -n: r, ._ :. r n ?J POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 VICTORIA OLIVER Plaintiff, v. MELBA STROUSE, DARWIN STROUSE, LAURA OLIVER Defendants. ATTORNEYS FOR DEFENDANTS Melba Strouse and Darwin Strouse COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-343 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Melba Strouse and Darwin Strouse, in the above-captioned matter. Defendants demand a Jury Trial. POST & SCHELL, P.C. By: Paul W. Grego Attorney for Defendants Melba Strouse and Darwin Strouse r CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Philip J. Cohen, Esquire KAMENSKY COHEN & ASSOCIATES 194 S. Broad Street Trenton, NJ 08608 ( _R "P4 SA RA MORALES DATE: ( aI // o_7 -2- C) ' ? F3 ` y4 ' I hereby certify that I have served a copy of this paper upon all other parties or their attorneys by: --_'f regular mail certified mail other By. RGOLIS EDELSTEIN Y: Richard J. Margolis, Esquire dentification No.: 40574 he Curtis Center, Fourth Floor ,ndependence Square West hiladelphia, PA 19106-3304 215) 922-1100 Attorney for Defendant, Laura Oliver CTORIA OLIVER COURT OF COMMON PLEAS CUMBERLAND COUNTY V. STROUSE; DARWIN STROUSE AND OLIVER NO. 07-343 ENTRY OF APPEARANCE AND JURY TRIAL DEMAND THE PROTHONOTARY Please enter our appearance on behalf of the Defendant, ura Oliver, in the above captioned case. Defendant, Laura Oliver, demands a jury trial in the case. Jury of twelve, plus alternates demanded. MARGOLIS EDELSTEIN BY: :. )LK- / RIC RD J. MAR OLISa E QUIRE Attorney for Defend t, Laura- Oliver ° C . , FrI --n -10 G SHERIFF'S RETURN - REGULAR CASE NO: 2007-00343 P ! _ . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLIVER VICTORIA VS STROUSE MELBA ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon Q7'PnTTCF MFT,PA the DEFENDANT , at 1825:00 HOURS, on the 1st day of February__, 2007 at 15 BRIDGEWATER ROAD NEWVILLE, PA 17241 DARWIN STROUSE, SON a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 4j q16 I Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/08/2007 KAMENSKY COHEN By. De uty Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLIVER VICTORIA VS STROUSE MELBA ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STROUSE DARWIN the DEFENDANT , at 1825:00 HOURS, on the ist day of February , 2007 at 15 BRIDGEWATER ROAD NEWVILLE, PA 17241 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 w Surcharge 10.00 R. Thomas Kline .00 .416.00 02/08/2007 KAMENSKY COHEN Sworn and Subscibed to By: /f before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-00343 P ? 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OLIVER VICTORIA VS. STROUSE MELBA ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT OLIVER LAURA , by United States Certified Mail postage prepaid, on the 19th day of January 2007 at 0000:00 HOURS, at 18 MOORES MILL MOUNT ROSE RD PENNINGTON, NJ 08534 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by NO SIGNATURE ON CARD on 01/27/2007 . Additional Comments: Sheriff's Costs: So ans i- -'" Docketing 6.00 Service 4.64 R. Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 20.64 ? 414/b? L ) ,. Paid by KAMENSKY COHEN on 02/08/2007 Sworn and Subscribed to before me this day of A.D. ? r G S g .,A Q b ?,A ° `e) •a Z rQ r <' Cl) m G ? 0 W n` A ' 14y m q' a 6 m°.m 00 .0, ?? ? Z 5. o N I N I ?? V y 4 r ,-0 -o I ? aA ? Y c E m??,4.? am 1-t,I`` 1,! 1 yC-). z c ?a„ rn r cn C) n rn rn a --i p C t? C-- c _-4 u) C:) rn °cn= w° 4 c Cf) rn rn -?, cn v rn -a a R+ a (n CD CL (D v Cc 0) N CD K O C 3 D c?. Q. D- o x. c Z ..i m fl D m a U) ?r< v m i?; ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 750-7502 Attorneys for Defendant: Fax: [717] 975-8124 LAURA OLIVER E-Mail: rkroll@margolisedelstein.com VICTORIA OLIVER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 07-343 MELBA STROUSE, DARWIN STROUSE, and LAURA OLIVER, Defendants. : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Laura Oliver, in the above- captioned matter. Respectfully submitted, S EDELSTEIN Date: By: RO Y.t. KROLL, ESQUIRE PA. attorney I.D. No. 47243 Attorney for Defendant, LAURA OLIVER 3 510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United Stat mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the y?day of , 2007, and addressed as follows: Philip J. Cohen, Esquire Kamensky Cohen & Associates 194 South Broad Street Trenton, NJ 08608 Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way, Suite 101 P. O. Box 10248 Lancaster, PA 17605-0248 MARGOLIS EDELS Nelson, -n M1? - ` 3 F Ti - % : 7 ?: 5 . Victoria Oliver, Civil Action No.: 2007-00343 Plaintiff, vs. ; Attorney I.D.# 69365 Melba A. Strouse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Defendant. PRAECIPE TO SETTLE, DISCONTINUE AND END TO: Office of the Prothonotary COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 PLEASE MARK THIS MATTER "Settled, Discontinued and Ended." of B ? COHEN & ASSOCIATES PHILIP J. COHEN, ESQUIRE Dated : June 27, 2007 rv ' C 7 rn POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 VICTORIA OLIVER Plaintiff, V. MELBA STROUSE, DARWIN STROUSE, LAURA OLIVER Defendants. ATTORNEYS FOR DEFENDANTS Melba Strouse and Darwin Strouse COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-343 JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE I, Meghan K. Finnerty, Esquire, do hereby certify and swear that I sought the Concurrence of opposing counsel, Philip J. Cohen, Esquire, by telephone. Attorney Cohen concurs in Defendant's Motion to Compel Release. POST & SCHELL, P.C. By: Meghan . Finnert y, Esquire POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 VICTORIA OLIVER Plaintiff, V. MELBA STROUSE, DARWIN STROUSE, LAURA OLIVER Defendants. ATTORNEYS FOR DEFENDANTS Melba Strouse and Darwin Strouse COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-343 JURY TRIAL DEMANDED ORDER AND NOW, this day of 200 upon consideration of the Joint Motion to Compel Release of Defendants, Melba and Darwin Strouse, it is hereby ORDERED that all claims of Victoria Oliver against Melba and Darwin Strouse are hereby DISMISSED with prejudice. J. POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 VICTORIA OLIVER Plaintiff, V. MELBA STROUSE, DARWIN STROUSE, LAURA OLIVER Defendants. ATTORNEYS FOR DEFENDANTS Melba Strouse and Darwin Strouse COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-343 JURY TRIAL DEMANDED MOTION TO OPEN DOCKET AND COMPEL RELEASE Defendants Melba Strouse and Darwin Strouse hereby file the instant Motion to Open Docket No. 07-343 and Compel Release, and, in support thereof, aver as follows: 1. The above captioned case arises out of a motor vehicle accident that occurred on February 1, 2005. 2. As a result of the accident, Victoria Oliver brought a negligence action against Melba Stouse, Darwin Strouse, and Laura Oliver. 3. The parties reached a settlement. A discontinuance was filed, and an entry was docketed marking the case as settled. 4. At the time of settlement, as the result of a mutual mistake, the name of one of the Defendants was inadvertently excluded from the Release. 5. Upon realization, Defense counsel expressed his concern to counsel for Plaintiff that the Release must contain the names of all parties, and Plaintiff indicated that he would have his client execute a new Release containing the names of both Strouse Defendants. 6. To date, despite Plaintiff's counsel representations, he has not provided Defense counsel with a new executed Release. WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order either (1) compelling Victoria Oliver to sign a Release of all claims against Defendants Melba and Darwin Strouse or (2) dismissing any and all claims of Victoria Oliver against Melba and Darwin Strouse with prejudice. POST & SCHELL, P.C. '?-( , By. Paul W rego Attorne or Defendants Melba Strouse and Darwin Strous -2- CERTIFICATE OF SERVICE I, Lilly Torres, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Philip J. Cohen, Esquire KAMENSKY COHEN & ASSOCIATES 194 S. Broad Street Trenton, NJ 08608 a c ?, I Lilly Torres DATE: dD -3- r- o O K,a V Q Y A ?_ C.__ yi -7 {yt ..? ? CJ7 ^ G 4. POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 VICTORIA OLIVER Plaintiff, V. MELBA STROUSE, DARWIN STROUSE, LAURA OLIVER Defendants. ATTORNEYS FOR DEFENDANTS Melba Strouse and Darwin Strouse COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-343 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please withdraw the Motion to Open Docket and Compel Release filed on behalf of Defendants Melba Strouse and Darwin Strouse in the above matter. POST & SCHELL, P.C. By: Paul W rego Attorn or Defendants Melba S rouse and Darwin Strouse 4 CERTIFICATE OF SERVICE I, Lilly Torres, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Philip J. Cohen, Esquire KAMENSKY COHEN & ASSOCIATES 194 S. Broad Street Trenton, Ni 08608 Lily Torres DATE: z? GP -2- { 1 w?~ C? ??.,.... ?[ r