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HomeMy WebLinkAbout02-5398RHEA E. BROSIUS, Plaintiff, vs. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA RENOLDS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. OQ -53y? CIVIL ACTION-LAW 1. { U L C??-s v r-? JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff for service upon: Kirkland's, Inc., 3514 Capital Mall Drive, Capital City Mall, Camp Hill, Pennsylvania 17011; Angela Renolds, 8 Mountain Road, Lewisberry, Date: 16 -.h - O>' WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:.A)OL). Prothonotary Deputy 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 Attorney for Plaintiff w Q p 73 1 r ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROSIUS RHEA E VS KIRKLAND'S INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: RENOLDS ANGELA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 10th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 60.52 .00 85.52 12/10/2002 JOSEPH HITCHINGS Soo a? i R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /o°= day o ..1wc-3 A.D. Prothonotar SHERIFF'S RETURN - REGULAR CASE NO: 2002-05398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROSIUS RHEA E VS KIRKLAND'S INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS KIRKLAND'S INC CAPITAL CITY MALL DEFENDANT the at 1848:00 HOURS, on the 7th day of November , 2002 at 3514 CAPITAL MALL DRIVE CAMP HILL, PA 17011 JESSICA GREENE, ASST MANAGER a true and attested copy of WRIT OF SUMMONS was served upon by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /0 ? day of ir?? _ ?1ndO3 A.D. Prothonotary' So Answers: R. Thomas Kline 12/10/2002 JOSEPH HITCHINGS By: D u y e ff /? ?C) oor ot? J??wl s1 s y COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 171 [111,3 -3- SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTIMTONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIE 1 T IIW 12 DO NOT DETACH ANY COPES 1. PLAINTIFF/S/ 3. DEFENDANT/S/ Kirkland's, Inc et al 2. COURT NUMBER 02-5398 civil 4. TYPE OF WRIT OR COMPLAIN- Writ of Summons SERVE a NAW ur 1NDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Angela Renolds 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATII OD ZIP CODE) AT I 1 )11^ (. 1NU1UA 1 t Stnvlct. U PERSONAL a PERSON IN CHARGE PIDEPUTIZE " ? 1ST CLASS MAIL ? POSTED U OTHER NOW November 7 , 20 02 I, SHERIFF OF'!11111111111111111( COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute ake return theFiBccording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT LL A SIST N EXPEDITING SERVICE. Cumber an ?Q P /3) OUT OF COUNTY LCD( l r M3 p CUMBERLAND ADVANCED FEE PAID BY SHERIFF 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 possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPENAfAEaad,ADDRESS,qF.pxLORNfiY?OL2tGgJATOR.vWS{GpIA1TLREvE.STE 20?. HERSHEY, PA 170 J. TEy5WiCMM HMBER 11. ITtTE?I19 NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF 22. REMARKS: 11 I 1W C L9 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Su. 32. Tot. Costs 33. Costs Due Check No. 75.0 18.00 40.52 50.52 2.00 rchg 60.52 14.48 7075--1 1 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this 4 42. day of 1) F(,' 20D243. Signature of Yorly' ) - , - '" 147. 50.1 C York, York ne of roreign 149. DATE Sheriff 51. DATE RECEIVED laa 13. l acknowledge receipt of the writ R . AH R EN 14. DATE RAEVFD 151F,trpir,2itioD/liearing Date or complaint as indicated above. l1 t5 l1 L B l1L lelo? 16. HOW SERVED: PERSONAL RESIDENCE ( POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW VILETTO BOSNIAK & ROSS BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street. Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS VS. KIRKLAND'S INC. U-HAUL COMPANY OF NORTH CAROLINA ANGELA REYNOLDS Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002-05398 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Kirkland's Inc. only, in the above matter. VILETTO BOSNIAK & ROSS BY: - /ee MPo llock ey for Defendant Kirkland's Inc. ?, ?-. c? `'., -?` ,,,? Z; U? ???- ??`: y, ? .. .:G ?f' -? VILETTO BOSNIAK & ROSS BY: Jeffrey M. Pollock, Esquire I. D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS VS. KIRKLAND'S INC. U-HAUL COMPANY OF NORTH CAROLINA ANGELA REYNOLDS Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002-05398 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. VILETTO BOSNIAK & ROSS BY: --> Je ey M. Pollock Attorney for Defendant RULE AND NOW, this 02!??-t4- Day of J z c 2004, a Rule is hereby GRANTED upon Plaintiff herein to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. _ /7 A ?> J t-? .J T ? _ ?: ?? ....? ?? i i..._1 r. f?? C.J VILETTO BOSNIAK & ROSS BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Attorney for Defendant Kirkland's Inc. (215) 564-3042 RHEA E. BROSIUS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. KIRKLAND'S INC. U-HAUL COMPANY OF NORTH CAROLINA ANGELA REYNOLDS NO. 2002-05398 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA: I, Colleen Tangert, Esquire, being duly sworn according to law, deposes and says that a time-stamped copy of Rule to File Complaint was served on the below party by Regular Mail on February 16, 2004 Supporting documents are attached hereto, made part hereof, and marked Exhibit "A". Joseph L. Hitchings Suite 201, 203 West Caracas Avenue Hershey, PA. 17033 Colleen Tangert SWORN TO AND SUBSCRIBED before me this /'17-d day of 2004. Notarial Seal ra S. Deldeo, Notary Pubk iladelphia, PMtadelioNa County N tary Public ussia exp es Se lmlti pt. 1 -7, 20()s r,?..,..,,?.-..__..._._ Member. Penns* ni,, EXHIBIT "A" LAW OFFICES OF VILETTO BOSNIAK & ROSS 1515 Market Street - Suite 1802 Philadelphia, Pennsylvania 19102-1905 Employees of The Hartford Group of Sliated Insurance Companies Harold E. Viletto Mark R. Bosniak Alan H. Ross Charles W. Sweeney III t Racheal DeCicco Bogina t Not a Partnership or Professional Corporation t Also a Member of New Jersey Bar February 16, 2004 Joseph L. Hitchings Suite 201, 203 West Caracas Avenue Hershey, PA. 17033 RE: Brosius vs. Kirklands Inc Dear Mr. Hitchings: Jeffrey M. Pollock Steven M. Levin Mark J. Kogan Michael R. Byron t Enclosed herewith please find a copy of Defendant's Rule to File Complaint with reference to the above matter. Please abide by any and all time limitations within which to respond. JMP:cht (215) 564-3042 FAX (215) 564-0109 Very truly yours, Jeffrey M. Pollock Encl VILETTO BOSNIAK & ROSS BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS VS. KIRKLAND'S INC. U-HAUL COMPANY OF NORTH CAROLINA ANGELA REYNOLDS Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002-05398 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. VILETTO BOSNIAK & ROSS RULE BY: Je ey M. Pollock Attorney for Defendant AND NOW, this a(r-kk1 Day of ?J 2004, a Rule is hereby GRANTED upon Plaintiff herein to file a Complaint within enty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. t.afid }C ,?a. ? r, n rn -V 0 o E?6 -, N l:?f l RHEA E. BROSIUS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-5398 CIVIL TERM KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA REYNOLDS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO PROTHONOTARY, CUMBERLAND COUNTY: Please enter my appearance as counsel for Plaintiff, Rhea E. Brosius, in the above captioned action. Attorney I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: March 17, 2004 6»29.1 CERTIFICATE OF SERVICE AND NOW, this /7t? day of MARCH, 2004, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey M. Pollock, Esquire Viletto Bosniak & Ross 1515 Market Street, Suite 1802 Philadelphia, PA 19102 ATTORNEYS FOR DEFENDANT, KIRKLAND'S, INC. U-HAUL COMPANY OF NORTH CAROLINA 2727 North Central Avenue Phoenix, AZ 85004 DEFENDANT ANGELA REYNOLDS 504 East Siddonsburg Road Mechanicsburg, PA 17055 DEFENDANT Joseph L. Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, PA 17033 67164.1 4 Jacquel Zettlemoy r r w rv CD -n ? 1 5 ._ RHEA BROSIUS, Plaintiff V. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA REYNOLDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5398 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CIVIL ACTION COMPLAINT "NOTICE" 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 (2o) 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 buy 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 of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (Soo) 990-9108 "AVISO" "Le ban demzndado en Corte. Si usted desea defender contra las demandas dispuestas en las p6ginas siguientes, usted debe tomar Is acci6n en el platy de veinte (20) dies despu6s de esta queja y se sirve el aviso, incorporando on aspecto escrito personalmente o y archivando en escribir con Is corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y on juicio se puede incorporar contra usted compra la conic sin aviso adicional pans cualquier dinero demandado en la quej a o Para cualquier otra demands o relevacidn pedida per el demandante. Usted puede perder el dinero o la caracteristica de otm endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACK QUE UN ABOGADO VAYA A O LLAME POR TELE`FONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMAC16N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMAC16N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (Soo) 99o-9108 RHEA BROSIUS, Plaintiff V. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA REYNOLDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5398 CIVIL TERM CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Rhea Brosius, by and through her attorneys, TUCKER ARENSBERG, P.C., and avers as follows: 1. Plaintiff Rhea Brosius is an adult individual residing at 474 Old Stage Road, Lewisberry, York County, Pennsylvania. 2. Defendant Kirkland's, Inc., has a business address of 3514 Capital Mall Drive, Capital City Mall, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant U-Haul Company of North Carolina has a business address of 2727 North Central Avenue, Phoenix, Arizona. 4. Defendant Angela Reynolds is an adult individual residing at 504 E. Siddonsburg Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. On or about November 3, 2000, at approximately 11:43 a.m., Plaintiff was operating a 1997 Toyota Tacoma truck and was traveling west on Hartzdale Drive, in Lower Allen Township, Cumberland County, Pennsylvania. 6. Plaintiff stopped on Hartzdale Drive to wait for oncoming traffic to clear so that she could turn left into what was then the 'Rib It' restaurant parking lot. 7. At the time of the accident, Defendant Reynolds was operating a 2000 GMC truck which was owned by Defendant U-Haul Company of North Carolina. 8. At approximately the same time, Defendant Reynolds was also traveling west on Hartzdale Drive in Lower Allen Township, Cumberland County, Pennsylvania. 9. At the aforesaid time, Defendant failed to observe that Plaintiff was stopped and was waiting to turn. 10. Defendant Reynolds' vehicle struck the rear of Plaintiff's vehicle before the Plaintiff could complete the turn. 11. Defendant was cited for careless driving by the Lower Allen Township Police Department, who responded to the scene. 12. At the time of the accident, Defendant Reynolds was employed by Defendant Kirkland's, Inc., and was acting within the scope of her employment. 13. It is averred in the alternative that Defendant Reynolds was acting on behalf of Defendant U-Haul Company of North Carolina. 14. Plaintiff Brosius elected the'Full Tort' Option on her Farm Family Insurance Policy. 15. Paragraphs 1 through 14 are incorporated herein as if fully set forth at length. 16. As a direct and proximate result of Defendant Reynolds' negligence, carelessness, and recklessness, Plaintiff Brosius sustained serious injuries that include, but are not limited to injuries to her neck, thoracic and lumbar spines, forehead, right hand, elbows, hips, right foot, and may further include aggravation of pre-existing conditions. 17. As a direct and proximate result of Defendant's negligence, carelessness and recklessness, Plaintiff Brosius: 2 a. has received and may continue to receive and undergo medical attention and care and has incurred and may incur various expenses for this treatment, for which she claims to the extent permitted by applicable law; b. has suffered and may continue to suffer from pain, loss of life's pleasures, embarrassment and humiliation, mental anguish, and emotional distress; C. has suffered and may continue to suffer from her injuries and physical impairments, which have hindered her ability to carryout her usual and customary daily activities; and d. has suffered a loss of earnings or earnings capacity for which she claims to the extent permitted by applicable law. 18. Paragraphs 1 through 17 are incorporated herein as if fully set forth at length. 19. At the aforementioned time, Defendant Reynolds operated her vehicle in a negligent, careless and reckless manner. Defendant Reynolds negligence, carelessness and recklessness includes, but is not limited to, the following: a. failing to have her vehicle under proper and adequate control at all times; b. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; C. failing to take any or proper evasive action in order to avoid the collision; d. failing to operate her vehicle at a safe speed and/or within the posted speed limit; e. failing to operate her vehicle in a manner that allowed her to stop within a safe time and distance from traffic ahead of her and within the assured clear distance ahead; 3 f. operating her vehicle such that it struck Plaintiffs vehicle from behind; and g. failing to operate her vehicle within a safe following distance from Plaintiff as she was obligated to do. 20. To the extent that Defendant Reynolds' operation of her vehicle violated the Motor Vehicle Code, Defendant Reynolds is negligent per se. 21. As a result of Defendant Reynolds' negligence, carelessness and recklessness, Plaintiff has sustained injuries and damages as aforesaid. 22. Defendant Kirkland's and/or Defendant U-Haul Company of North Carolina are vicariously liable for the conduct of Defendant Reynolds as set forth herein. 23. In the alternative, Defendant U-Haul Company of North Carolina may be liable herein on the basis of an agreement with Defendant Kirkland's, or otherwise, in that Defendant Kirkland's has contended prior to suit being filed that Defendant U-Haul Company of North Carolina is liable to Plaintiff for the accident set forth herein. WHEREFORE, Plaintiff, Rhea Brosius, demands judgment against Defendant, Kirkland's, Inc., U-Haul Company of North Carolina and Angela Reynolds, in an amount in excess of the limits requiring referral of this case to arbitration according to local rules. Respectfully submitted, By: ree er, Jr., Esquire I.D. No. 36803 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: 69889.1 7 4 VERIFICATION I, the undersigned, Rhea Brosius, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Rhe Brosius, Plain 1 CERTIFICATE OF SERVICE AND NOW, this --&- day of JULY, 2004, I, Jennifer M. Smith, Paralegal to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey M. Pollock, Esquire Viletto Bosniak & Ross 1515 Market Street, Suite 1802 Philadelphia, PA 19102 ATTORNEYS FOR DEFENDANT, KIRKLAND'S, INC. ANGELA REYNOLDS 504 East Siddonsburg Road Mechanicsburg, PA 17055 DEFENDANT Thomas M. Close, Esquire DEL COLLO & MAZZANTI Paoli Executive Green I Suite 200 Route 252 South Paoli, PA 19301-1564 Served by CERTIFIED COMPANY REQUESTED: OF NORTH CAROLINA 2727 North Central Avenue Phoenix, AZ 85004 DEFENDANT ennifer M. Smith - 67164.1 r"} 'rte-', (7 C__ ? -Ij - t'° r_ _ T. C'l C, iC) ? - ?1 ? ?? , - . t l"1 .. --I "r (?:) RHEA BROSIUS, Plaintiff V. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA REYNOLDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5398 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) AND NOW, this ? day of July, 2004, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Jennifer M. Smith, who, being duly sworn according to law, deposes and says that she is a Paralegal for Stephen M. Greecher, Jr., who is the attorney for the Plaintiff and that she mailed the Complaint on July 16, 2004, to the Authorized Agent for Service of Process, U-Haul Company of North Carolina; 2727 North Central Avenue; Phoenix, AZ 85004, by Certified Mail No. 7002 2410 0001 2367 1754, Return Receipt Requested, and the same was received by D. Pence as indicated by the Return Receipt Card, which is attached hereto. Jennif M. Smith SWORN TO AND SUBSCRIBED before me, thisah day of July, 2004. ?r ? =___?=4 Notary Public 70521.1 NO1?=Nw= OLC MNownMY OF NMMNI MV COMMMdon E -1- M1 •. ra m ru Postage ! n $ . rO V O certified Fee a. 3 0 P k Return ReclePt Fee O ostmar Here (Endorsement Required) O Restricted Delivery Fee r-I (Endorsement Required) S IL 5 'T Total Postage 8 Fees , $ fU ryj#Lt ? G ant TO C3 U HAVL Ge hpgNY 0? NAP i7! CAkOl/1d t`- PC Apt. No.; Box pI No. x 7a ? IUO Q.'rH CENT7eA-L A v ----------------- ------------------- _ -------------- S fe, Z/Pi4 4 F' a? 'p AIIY ?l Z OJ 0 0 kf LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS V. KIRKLANDS'S INC., U-HAUL COMPANY OF NORTH CAROLINA, Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OCTOBER TERM, 2003 No. 2002-05398 DEFENDANT KIRKLAND INC.'S This action arises from a motor vehicle accident which happened on November 3, 2000, and was commenced by complaint filed on November 6, 2002, a full days after the statute of limitations had expired. See Plaintiffs Complaint, a true and correct copy of which is attached hereto, made a part hereof, and marked as "Exhibit A." 2. Movant - Defendant was not served with process until December 10, 2002, a full month and one week after the statute of limitations had expired. 3. In an action for personal injury arising from a motor vehicle accident, the statute of limitations is two years, which means that any parry wanting to initiate litigation relating to personal injury arising from and automobile accident must do so by commencing an action within two years of the date of injry. 3. Preliminary Objections may be filed by any party to any pleading based on: (1) Lack of jurisdiction or improper venue; (2) Failure of a pleading to conform to law or inclusion of scandalous or impertinent matters; (3) Insufficient specificity in a pleading; Legal insufficiency of a pleading; (5) Lack of capacity or non joinder of a necessary party or misjoinder of a cause of action; and (6) Pendency of a prior action or agreement for alternate dispute resolution. See PA Rule of Civil Procedure 1028(a). 4. This Honorable Court lacks jurisdiction over this matter because Plaintiffs Complaint was filed outside the statute of limitations. 5. Plaintiffs Complaint fails to conform to law because it was filed outside the statute of limitations. Therefore, Plaintiffs Complaint must be dismissed with prejudice. 6. No explanation or excuse has been proffered by Plaintiff to explain her to file suit within the statute of limitations. WHEREFORE, for the reasons set forth above, it is respecfully demanded that Defendant's Preliminary Objections to Plaintiffs Complaint be sustained, and that an be entered to dismiss Plaintiffs Complaint with Prejudice. Respectfully Submitted: Je ey M. Pollock, Esquire counsel For Defendant Kirkland's Inc. LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS V. KIRKLANDS'S INC., U-HAUL COMPANY OF NORTH CAROLINA, Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OCTOBER TERM, 2003 No. 2002-05398 VERIFICATION JEFFREY M. POLLOCK, ESQUIRE, hereby deposes and says that he is the attorney for Defendants, in the within matter; that he is authorized to sign this on behalf said parties; that he has read the foregoing Defendant, Kirkland, Inc.'s Preliminary Objections to Plaintiff's Complaint and finds that the facts set forth therein are true a correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsification to authorities. Jeffrey M. Pollock, Esquire DATE: 7, LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS V. KIRKLANDS'S INC., U-HAUL COMPANY OF NORTH CAROLINA, Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OCTOBER TERM, 2003 No. 2002-05398 CERTIFICATION OF SERVICE JEFFREY M. POLLOCK, ESQUIRE, hereby certify that a true and correct copy the foregoing, Defendant, Kirkland, Inc.'s Preliminary objections to Plaintiffs Complaint was made on the 2nd day of August, 2004, by First Class United States Mail, postage pre-paid, upon the following: Stephen M. Greecher, Jr., Esquire Tucker Arensberg 111 North Front Street P. O. Box 889 Harrisburg, PA 17108 Jeffrey M. Pollock, Esquire DATE: 0 7,b Ca r -n -TI RHEA BROSIUS, Plaintiff V. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA REYNOLDS, Defendant IN THE COURT OF: COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5398 CIVIL. TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS Defendant, Kirkland's, accurately states that the accident at issue occurred on November 3, 2000- Suit was instituted in this action, not by filing a Complaint, but rather by filing a Praecipe for Writ of Summons. The Praecipe for Writ of Summons was filed on November 6, 2002. s return, Defendant, Kirkland's, was served with the As set forth on the attached Sheriff Writ on November 7, 2002, as opposed to being served December 10, 2002. The Court should enter an appropriate Order. Respectfully submitted, TUCKER AREN By: Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: g?, ,6 71315.1 CASE NO: 2002-05398 P SHERIFF'S RETURN - REGULAR ?kaJtd 11111o, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROSIUS RHEA E VS KIRKLAND'S INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within WRIT OF SUMMONS the KIRKLAND'S INC DEFENDANT , at 1848:00 HOURS, on the 7th day of November , 2002 at 3514 CAPITAL MALL DRIVE CAPITAL CITY MALL CAMP HILL, PA 17011 by handing to JESSICA GREENE, ASST MANAGER a true and attested of WRIT OF SUMMONS copy together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and subscribed to before me this day of A. D. So Answers: .' ra> R. Thomas Kline 12/10/2002 JOSEPH HITCHINGS 4K By. D uty ff Prothonotary CERTIFICATE OF SERVICE AND NOW, this a6 It day of AUGUST, 2004, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1515 Market Street, Suite 1802 Philadelphia, PA 19102-1905 ATTORNEYS FOR DEFENDANT, KIRKLAND"S, INC. Thomas M. Close, Esquire Del Collo & Mazzanti Paoli Executive Green I, Suite 200 Route 252 South Paoli, PA 19301-1564 ATTORNEYS FOR U-HAUL COMPANY OF NORTH CAROLINA Angela Reynolds 504 East Siddonsburg Road Mechanicsburg IPA 17055 DEFENDANT Jacq ely ettlemoyer 71342.1 rJ o -rt Q?I L:y Fri f J -O i O C 08/04/2004 14:57 7172406573 PROTHONOTARY C LONG PAGE 01/01 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in di%cate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Rhea E. Brosius (Plaintiff) VS. Kirkland's Inc, U-Haul Company of North Carolina (Defendant) No,05398 Civil 19 2002 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant, Kirkland Inc.'s Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who wll argue case: (a) for plaintiff: Stephen M. Greecher, Jr., Esquire (717) 234-4121 Address: Tucker Arensberg, 111 North Front Street P.O. Box 889, Harrisburg, PA 17108 (b) for defendant: Jeffrey M. Pollock, Esquire (215) 564-0249 ext. 20 Address: The Law Office of Harold Viletto 1515 Market Street, Suite 1802 Philadelphia, PA 19102 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 22, 2004 at 9:00 a.m. Location: Courthouse, 4th Floor Dated: /( l e Att i e en n, it an--U s Inc. DEL COLLO & MAZZANTI BY: THOMAS M. CLOSE, ESQUIRE I.D. No. 30545 Paoli Executive Green I, Suite 200 Route 252 South Paoli, PA 19301 (610) 640-4800 Attorney for Defendant Angela Renolds IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION RHEA E. BROSIUS VS. OCTOBER TERM, 2003 NO. 2002-05398 KIRKLAND'S INC., U-HAUL COMPANY OF NORTH CAROLINA, et al. ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIM' TO THE PROTHONOTARY: behalf of Defendant, Angela Renolds, in connection Kindly enter my appearance on with the above matter. Trial by a jury of twelve members is hereby demanded. Date: 9/16/04 By: THOMAS M. CLOSE, ESQUIRE DEL COLLO & MAZZANTI Libby\tmc\Brosius\FAA.do J (`l f> c? ?? -t? '` .-i i''?? _r -r. j z'1 r- .ti ? ,?'."i",1 •?? d =i } CC i f (,? . __ X31 DEL COLLO & MAZZANTI BY: THOMAS M. CLOSE, ESQUIRE I.D. No. 30545 Paoli Executive Green I, Suite 200 Route 252 South Paoli, PA 19301 (610) 640-4800 Attorney for Defendant Angela Renolds IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION RHEA E. BROSIUS OCTOBER TERM, 2003 vs. KIRKLAND'S INC., U-HAUL COMPANY OF NORTH CAROLINA, et al. NO. 2002-05398 ORDER AND NOW, this day of , 2004, upon consideration of Defendant Angela Renolds' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT and all responses thereto, it is hereby ORDERED AND DECREED that said Preliminary Objections are GRANTED, and Plaintiff's Complaint is DISMISSED with prejudice. BY THE COURT: J. DEL COLLO & MAZZANTI BY: THOMAS M. CLOSE, ESQUIRE I.D. No. 30545 Paoli Executive Green I, Suite 200 Route 252 South Paoli, PA 19301 (610) 640-4800 Attorney for Defendant Angela Renolds IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION RHEA E. BROSIUS OCTOBER TERM, 2003 vs. KIRKLAND'S INC., U-HAUL COMPANY OF NORTH CAROLINA, et al. NO. 2002-05398 DEFENDANT ANGELA RENOLDS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. Defendant Angela Renolds joins in the Preliminary Objections previously filed by Defendant Kirkland's, Inc., which are attached hereto and made a part hereof and marked as Exhibit "A". Date: 9/16/04 DEL COLLO & MAZZANTI B TH AS M. CLOSE, SQUIRE Attorney for Defendant Angela Renolds Libby\tmc\Brosius\Preliminary Obi to Ad's Compl.doc LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. KIRKLANDS'S INC., U-HAUL COMPANY OF NORTH CAROLINA, OCTOBER TERM, 2003 No. 2002-05398 DEFENDANT KIRKLAND INC.'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. This action arises from a motor vehicle accident which happened on November 3, 2000, and was commenced by complaint filed on November 6, 2002, a full days after the statute of limitations had expired. See Plaintiffs Complaint, a true and correct copy of which is attached hereto, made a part hereof, and marked as "Exhibit A." 2. Movant - Defendant was not served with process until December 10, 2002, a full month and one week after the statute of limitations had expired. 3. In an action for personal injury arising from a motor vehicle accident, the statute of limitations is two years, which means that any party wanting to initiate litigation relating to personal injury arising from and automobile accident must do so by commencing an action within two years of the date of injry. 3. Preliminary Objections may be filed by any party to any pleading based on: (1) Lack of jurisdiction or improper venue; (2) Failure of a pleading to conform to law or inclusion of scandalous or impertinent matters; (3) Insufficient specificity in a pleading; I FX. '`Pu Legal insufficiency of a pleading; (5) Lack of capacity or non joinder of a necessary part) or misjoinder of a cause of action; and (6) Pendency of a prior action or agreement for alternate dispute resolution. See PA Rule of Civil Procedure 1026(a). 4. This Honorable Court lacks jurisdiction over this matter because Plaintiffs Complaint was filed outside the statute of limitations. 5. Plaintiffs Complaint fails to conform to law because it was filed outside the statute of limitations. Therefore, Plaintiffs Complaint must be dismissed with prejudice. ? 6. No explanation or excuse has been proffered by Plaintiff to explain her failu to file suit within the statute of limitations. WHEREFORE, for the reasons set forth above, it is respecfully demanded that Defendant's Preliminary Objections to Plaintiffs Complaint be sustained, and that an c be entered to dismiss Plaintiffs Complaint with Prejudice. Respectfully Submitted: Je Jirey M. Pollock, Esquire Ciounsel For Defendant Kirkland's Inc. I DEL COLLO & MAZZANTI BY: THOMAS M. CLOSE, ESQUIRE I.D. No. 30545 Paoli Executive Green I, Suite 200 Route 252 South Paoli, PA 19301 (610) 640-4800 Attorney for Defendant Angela Renolds IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION RHEA E. BROSIUS OCTOBER TERM, 2003 vs. KIRKLAND'S INC., U-HAUL COMPANY OF NORTH CAROLINA, et al. NO. 2002-05398 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT ANGELA RENOLDS PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. Defendant Angela Renolds hereby incorporates by reference the Memorandum of Law in support of Defendant Kirkland, Inc.'s Preliminary Objections to Plaintiff's Complaint, which is attached hereto, made a part hereof and marked as Exhibit "B". DEL COLLO & )JAZZANTI By' 7?J TH S M. CLOSE, ESQUIRE Attorney for Defendant Angela Renolds Libby\tmc\Brosius\Preliminary Obi tO Plt£s Compl.doc LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I. D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 RHEA E. BROSIUS Attorney for Defendant Kirkland's Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. KIRKLANDS'S INC., U-HAUL COMPANY OF NORTH CAROLINA, OCTOBER TERM, 2003 No. 2002-05398 MEMORANDUM OF LAW IN SUPPORT OF -, - _-DEFENDANT KIRKLAND INC.'S 1. Facts: This action arises from a motor vehicle accident which happened on November 3, 2000, and was commenced by complaint filed on November 6, 2002, a full days after the statute of limitations had expired. See Plaintiffs Complaint, a true and correct copy of which is attached hereto, made a part hereof, and marked as "Exhibit A." Movant - Defendant was not served with process until December 10, 2002, a full month and one week after the statute of limitations had expired. II. Discussion: In an action for personal injury arising from a motor vehicle accident, the statute of limitations is two years, which means that any party wanting to initiate litigation relating to personal injury arising from and automobile accident must do so by commencing an action within two years of the date of injury. There is no dispute that Fi, I % l/ Plaintiffs cause of action here was governed by a two year statute of limitations. There i no dispute that Plaintiff initiated her action 3 days after the statute of limitations had run. Preliminary Objections may be filed by any party to any pleading based on: (1) Lack of jurisdiction or improper venue; (2) Failure of a pleading to conform to law or inclusion of scandalous or impertinent matters; (3) Insufficient specificity in a pleading; (4) Legal insufficiency of a pleading; (5) Lack of capacity or non joinder of a necessary party or misjoinder of a cause of action; and (6) Pendency of a prior action or agreement for alternate dispute resolution. See PA Rule of Civil Procedure 1028(a). Here, at least two grounds exist as to wh,y Preliminary Objections to Plaintiff's Complaint must be filed: (1) This Honorable Court lacks jurisdiction over this matter because Plaintiffs Complaint was filed outside the statute of limitations; and (2) Plaintiffs Complaint fails to conform to law because it was filed beyond the statute of limitations. Therefore, Plaintiffs Complaint must be dismissed with prejudice. No explanation or excuse has been proffered by Plaintiff to explain her failure to file suit within the statute of limitations. ill. Conclusion: WHEREFORE, for the reasons set forth above, it is respecfully demanded that Defendant's Preliminary Objections to Plaintiffs Complaint be sustained, and that an ord r be entered to dismiss Plaintiffs Complaint with Prejudice. Respectfully Submitted: Jerrrey M. Pollock, Esquire Counsel For Defendant Kirkland's Inc. A DEL COLLO & MAZZANTI BY: THOMAS M. CLOSE, ESQUIRE I.D. No. 30545 Paoli Executive Green I, Suite 200 Route 252 South Paoli, PA 19301 (610) 640-4800 Attorney for Defendant Angela Renolds IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION RHEA E. BROSIUS vs. OCTOBER TERM, 2003 NO. 2002-05398 KIRKLAND'S INC., U-HAUL COMPANY OF NORTH CAROLINA, et al. CERTIFICATE OF SERVICE I, THOMAS M. CLOSE, ESQUIRE, hereby certify that on September 16, 2004, I served a true and correct copy of the following documents upon the persons and in the manner indicated below: DOCUMENT(S): Defendant Angela Renolds' Preliminary Objections to Plaintiff's Complaint Served by: First Class Mail, postage prepaid at Paoli, Pennsylvania Addressed as follows: Jeffrey M. Pollock, Esquire Stephen M. Greecher, Jr., Esquire Viletto, Bosniak & Ross 111 N. Front Street, P. O. Box 889 1515 Market Street, Suite 1802 Harrisburg, PA 17108 Philadelphia, PA 19102 Joseph L. Hitchings, Esquire 203 W. Caracas Avenue, Suite 201 Hershey, PA 17033 DEL COLLO AZZANTI THOMAS M. CLOSE, ESQUIRE Attorney for Defendant. Angela Renolds Libby\tmc\Brosiw\Preliminary Obj to Pltfs Compl.doc ?? -, <?, = -, `? .? ?, -,; ;?.) ;lJ ? i r. j';1 i ?' ?l N PLEAS OF IN THE COURT OF CO PENNSYLVANIA RHEA E. BROSIUS, CUMBERLAND COUNTY, Plaintiff LAW CIVIL ACTION V. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA,* 02-5398 CIVIL TERM ANGELA REYNOLDS1 NO. Defendants ORDER OF COURT this 22nd day of September, 2004, it AND NOW, appearing to the court that the action was commenced more than two years after the incident giving rise to the cause of action, Defendant's preliminary objections are sustained. The complaint is dismissed with prejudice. BS Edward E. Guldo' J Stephen M. Greecher, Jr., Esquire For the Plaintiff 9 ZIoq Jeffrey M. Pollock, Esquir Inc. For the Defendant Kirkland's. . Close, Esquire of No:rth Carolina Thomas M l For the Defendant U-Haul Company Angela Reynolds srs ^nn! hZ d3 as©z 1? Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor --02--098 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573