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HomeMy WebLinkAbout02-5603MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATI~ORNEYS FOR PLAINTIFF MANUEL CINTRON 1028 Eagle Crest Court, Apt. A Harrisburg, PA 17109, Plaintiff Vo KENNETH M. JOB 429 Alvin Street Freeland, PA 18224, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. .5'/,,0,3 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .- : 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 (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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFIClENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF MANUEL CINTRON 1028 Eagle Crest Court, Apt. A Harrisburg, PA 17109, Plaintiff KENNETH M. JOB 429 Alvin Street Freeland, PA 18224, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT Plaintiff, by and through his attorneys, Morgan & Morgan, P.C., hereby complains against Defendant and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is an adult individual residing at the above address. 3. On or about August 31, 2002, at approximately 11:15 a.m., Plaintiff was traveling south on Route 81, near the split with Route 581, when his vehicle was struck by a motor vehicle being driven by Defendant. 4. As a result of the collision, Plaintiff suffered severe and disabling injuries, including but not limited to, injuries to his nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which may be continuing. 5. As a result of his injuries, Plaintiff has incurred medical bills for care, treatment and rehabilitation, with lost earnings and/or earning capacity and has suffered loss of life's pleasures, which may be continuing. 6. As a further result of the accident, Plaintiff suffered damage to and loss of use of his motor vehicle. 7. Plaintiff's injuries and damages were due to the negligence of Defendant, to wit: A. Traveling at an unsafe speed; B. Failing to keep a proper lookout; C. Failing to keep his vehicle under proper control; D. Failing to warn Plaintiff of an unreasonable risk of harm; E. Striking Plaintiff's vehicle; F. Failing to yield the right-of-way; G. Entering Plaintiff's lane of travel when it was unsafe to do so. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. DATE: MORGAN & MORGAN, P.C. ~ W. M~n, Esquire Attorneys for Plaintiff, Manuel Cintron VERIFICATION Manuel Cintron states that he is Plaintiffin this matter, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Manuel Cintron MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF MANUEL CINTRON 1028 Eagle Crest Court, Apt. A Harrisburg, PA 17109, Plaintiff Vo KENNETH M. JOB 429 Alvin Street Freeland, PA 18224, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-5603 Civil Term CIVIL ACTION ~ LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. MORGAN & MORGAN, P.C. DATED: December 11, 2002 ~V.'i~, Esquire Attorneys for Plaintiff, Manuel Cintron SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CINTRON MANUEL VS JOB KENNETH M 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: JOB KENNETH M but was unable to locate Him deputized the sheriff of LUZERNE serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On December 19th , 2002 , this office was in receipt of the attached return from LUZERNE Sheriff,s Costs: Docketing Out of County Surcharge Dep Luzerne Co 18.00 9.00 10.00 41.00 .00 78.00 12/19/2002 MORGAN & WILKEN Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of~ A.D. rothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Manuel Cintron VS. Kenneth M. Job SERVE; s~ne No. 02 5603 civil Now, November 26, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service within ~ upon_ ~,~._: ~ by handing to ~ and made Imown to ,20o_~ ,at //.fgt9t o'clock ~ M. servedthe the contents thereof. copy of the original So answers, ~ Sheriff of ~ County, PA Sworn and subscribed before me this ~=Yt~t. day ofd~,~..~' 20 o~-- COSTS SERVICE MILEAGE AFFIDAVIT MANUEL CINTRON, : Plaintiff : .. V. : .. KENNETH M. JOB, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5603 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Kenneth M. Job, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Brian R. Sinne~ Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICF AND NOW, this .. ay of January, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Scott W. Morgan, Esquire Morgan & Morgan, P.C. 120 South Street Harrisburg, PA 17101-1210 Brian R. Sinnett, Esquire MANUEL CINTRON, Plaintiff V. KENNETH M. JOB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5603 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Manuel Cintron c/o Scott W. Morgan, Esquire Morgan & Morgan, P.C. 120 South Street Harrisburg, PA 17101-1210 YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 MANUEL CINTRON, : Plaintiff : : V. : .. KENNETH M. JOB, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5603 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Kenneth M. Job, by and through his attorneys, Nealon & Gover, P.C. and files the following Answer to Plaintiff's Complaint with New Matter. 1. 2. 3. Admitted, based on information and belief. Admitted. Denied as stated. By way of further answer, it is admitted that on August 30, 2002, at approximately 11 a.m. at the area of the split between Route 581 and Interstate 81, Cumberland County, Pennsylvania, the vehicle operated by the Defendant did come in contact with the vehicle being operated by the Plaintiff. The remaining averments are denied pursuant to Pa.R.C.P. 1029(e). 4.-6. Denied. After reasonable investigation, the Defendant was without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 7. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Kenneth M. Job, respectfully requests that the Complaint filed against him be dismissed with the cost of this action. NEW MATTER 8. Paragraphs 1 through 7 of Defendant's Answer are incorporated herein by reference thereto. 9. The Plaintiff's Complaints are barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Kenneth M. Job, respectfully request that the Complaint filed against him be dismissed with the cost of this action. Respectfully submitted, N£ALON & GOVER, P.C. Date: By: Brian'--R. Sinne~', Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Kenneth M. Job, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Kenneth M. Job ~/// CERTIFICATE OF SERVICE AND NOW, this~ day of January, 2003, I hereby certify that I have served the foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Scott W. Morgan, Esquire Morgan & Morgan, P.C. 120 South Street Harrisburg, PA 17101-1210 Brian R. Sinnett, Esquire MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 1'~101 (717) 236-7959 ATTORNEYS FOR PLAINTIFF MANUEL CINTRON Vo KENNETH M. JOB : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. Plaintiff : : NO. 02-5603 Civil Term : : CIVIL ACTION - LAW : Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW NL~_TTER Plaintiff, through his attorneys Morgan & Wilken, P.C., hereby responds to New Matter of Defendant, and avers as follows: 8-9. The allegations of these paragraphs are denied as conclusions of law to which no answer is required. WHEREFORE, Plaintiff requests that New Matter be dismissed and judgment entered in his favor. MORGAN & WlLKEN, P.C. DATED: February 4, 2003 ~ W. M~ga~h, Esquire Attorneys for Plaintiff, Manuel Cintron VERIFICATION Scott W. Morgan, Esquire states that he is counsel of record for Plaintiff in the within action, is authorized to take this Verification on his behalf', and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~S~ott W. ~:o~ga-n, Esquire CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Reply to New Matter was made on this 4th day of February, 2003, to the persons below named, by First Class United States Mail, postage prepaid. Brian Sinnett, Esquire NEALON & GOVER 2411 North Front Street Harrisburg, PA 17110 MORGAN & WlLKEN, P.C. 'S'Zott W. M~an, Esquire 120 South Street Harrisburg, PA 17101-1210 (717) 236-7959 Attorneys for Plaintiff, Manuel Cintron MORGAN & WILICEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARR/SBURG, PA 17101 (7~7) 236-7959 MANUEL CINTRON Plaintiff V. KENNETH M. JOB Defendant ATTORNEYs FOR PLA1NT/FF : IN THE COURT OF COMMON PLEAS~ : CUMBERLAND COUNTy, PENNA. : : NO. 02-5603 Civil Term : : CIVIL ACTION. LAW : : JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. DATED: November 25, 2003 MORGAN & WILKEN, P.C.