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Home My WebLink About03-0028TRYON L. BENNER and MARY M. BENNER, Plaintiffs Vo JAMES A. SARVER and JENNIFER L. KREIDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~),.~ - o~ ~Z> CIVIL ACTION - AT LAW Kindly enter my appearance lbr the Plaintiffs ia_the above-referenced matter and issue a Writ of Summons to the Defendants in said matter ~-~hat a Civil Action at La been commenced against them. ! _~ , ~ ~Esqt4re k N~ 717-463-3686 I.D. #19593 Dated: January' 3, 2002 Attorney for Plaintiffs WRIT OF SUMMONS To: James A. Sarver and Jennifer L. Kreider You are hereby notified that Tryon L. Be~mer and Mary M. Benner, the plaintiffs, have commenced an action at Law against you which you are required to defend. Dated: January~.-~ ,2003 Prothol~-y~ Deputy { Seal of the Court SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00028 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENNER TRYON L ET AL VS SARVER JAMES A 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: SARVER JAMES A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 7th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 41.14 .00 78.14 02/o7/2oo3 TRYON L BENNER Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of ~&w3~ A.D. / , Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00028 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENNER TRYON L ET AL VS SARVER JAMES A 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: KREIDER JENNIFER L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 7th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/07/2003 TRYON L BENNER So answer : - Rf Thomas K-line ~ Sheriff of Cumberland County Sworn and subscribed to before me this 25 ~ day of J~ ~0~3 A.D. Prothonotary ¢ z In The Court of Common Pleas of Cumberland County, Pennsylvania Tryon L. ~Benner et al VS. J~nes A. Sarver et al SERVE: J~nes A. Sarver No. 03 28 civil NOW, January 7, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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 NOW, Feb. 4, ,20 03 , at within Writ of Summons 8:52 o'clOck A M. served the upon James A. Sarver at 27 Campbell Dr. Newport, Pa. 17074 (Juniata Township) by handing to James A. Sarver a True & Attested and made known to HJln copy of the original Writ of SummDms the contents thereof. So answers, James T. Bennett Deputy Sl~eriff or ~' Perry County, PA Sworn and subscribed before me this q,J,/l day of t~e~rcc ~ff20 0,.3 F tO "~i~ism.--o- COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Tryon L. ~Benner et al VS. J~nes A. Sarver et al SERVE: Jennifer L. Kreider No. 03 28 civil NOW, January 7, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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' Now, Feb. 4 20 03 at 9: 25 within Writ of Summons o'clOck A M. served the upon Jennifer L. Kreider at 804 DobynsRd. Ickesburg, Pa. 17037 (Saville Township) by handing to Jennifer L. Dreider a True & Attested and made known to Her copy of the original Writ of Suamons the contents thereof. Sworn and subscribed before me this ..q'¢fi day Of /~/~catS~ , 20 . t [ ) NOTARIAL S~L ~ IOI~RGARETE FLICKINGER NOTARYPUBLIC~ ! BLOOMFIELD BORO., ~RRYCOUNTY l &W'COMMISSION EXPIRES FEB. 16, 2004 So answers, James T. Bennett puty Sheriff of ~' Perry County, PA COSTS SERVICE MILEAGE AFFIDAVIT 03HB-00061 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tryon L. Benner and Mary M. Benner, ~ase No.: 03-28 Civil Term Plaintiffs VS. James A. Sarver and Jennifer L. Kreider, Defendants URY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, James A. Sarver and Jennifer L. Kreider. Date: April 24, 2003 Respectfully submitted, Donald R. Dorer, Esquires Attorney for Defendants Identification No. 39126 03HB-00061 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS Tryon L. Benner and Mary M. Benner, Plaintiffs vs. James A. Sarver and Jennifer L. Kreider, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 03-28 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a tree and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Date: April 24, 2003 Ralph A. Germak, Esquire P.O. Box 249 McAlisterville, P~ 17/04_9 / squire Attorney for Defendants 03HB-00061 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE $03 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0985 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tryon L. Benner and Mary M. Benner, Plaintiffs VS. James A. Sarver and Jennifer L. Kreider, Defendants Case No.: 03-28 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon plaintiffs to file the entry of a Judgment of Non Pros. Date: April 24, 2003 : n~aldR~D 'w~f or suffer orer, Esquire Attorney for Defendants RULE TO FILE COMPLAINT AND NOW, thisA?~ay of ~i3t~[ (. ,2003 a RULE is hereby entered upon the Plaintiffs to file-a' Complaint her~ih/within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. /3 PROTHONOTARY --~Y~ 03HI~-00061 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tryon L. Benner and Mary M. Benner, Plaintiffs VS. James A. Sarver and Jennifer L. Kreider, Defendants ',ase No.: 03-28 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a tree and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: April 24, 2003 Ralph A. Germak, Esquire P.O. Box 249 McAlisterville, PA 17049 ~ Donald R Dorer, Esquire Attorney for Defendants TRYON L. BENNER and MARY M. BENNER, Plaintiffs V. JAMES A. SARVER and JENNIFER L. KREIDER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 03-28 CIVIL TERM CIVIL ACTION - AT 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 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere de£enderse de e stas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en 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, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o nofificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 TRYON L. BENNER and MARY M. BENNER, Plaintiffs JAMES A. SARVER and JENNIFER L. KREIDER, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-28 CIVIL TERM CIVIL ACTION - AT LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this I DxTl~day of May, 2003, come the Plaintiffs Tyron L. Benner and Mary M. Benner by their Attorney, Ralph A. Germak, and state the following: 1. Plaintiffs Tryon L. Benner and Mary M. Benner, husband and wife, are adult individuals who presently reside at R.R. 2, Box 13C2, Millerstown, Delaware Township, Juniata County, Pennsylvania 17062. 2. Defendant James A. Sarver is an adult individual who presently resides at 27 Campbell Drive, Newport, Juniata Township, Perry County, Pennsylvania 17074. 3. Defendant Jennifer L. Kreider is an adult individual who presently resides at 804 Dobyns Road, Ickesburg, Saville Township, Perry County, Pennsylvania 17037. 4. On or about January 5, 2001, at approximately 3:57 p.m., Plaintiff Tryon L. Benner was the operator of a 1990 Plymouth Voyager van, Title No. 42339936802BE, owned by Plaintiffs Tryon L. Benner and Mary M. Benner, in a northerly direction along Spring Road (State Route 0034) in Middlesex Township, Cumberland County, Pennsylvania approximately one-half (1/2) mile North of the intersection of Mountain Road. 5. At the same date, time and general location, Defendant Jennifer L. Kreider was the operator of a certain 1989 Ford Ranger truck, Title No. 508207022035A owned by Defendant James A. Sarver in a southerly direction along said Spring Road (State Route 0034) and was at all times material hereto an agent, servant, workman and/or employee or common law spouse of Defendant James A. Sarver and lawfully driving said vehicle with permission of Defendant James A. Sarver. 6. At the same date, time and general location as Plaintiff Tryon L. Benner was proceeding entirely in his lane of travel in a northerly direction along State Route 0034, Defendant Jennifer L. Kreider was proceeding in a southerly direction along State Route 0034 for her own benefit and/or as agent for Defendant James A. Sarver. 7. At the same time and general location aforesaid, the Defendant Jennifer L. Kreider while operating the aforesaid 1989 Ford Ranger truck, crossed the center dividing line of the said State Route 0034 directly into the path of the aforesaid 1990 Plymouth van operated by Plaintiff Tryon L. Benner at which time and place violent impact occurred between the aforesaid vehicles. 8. At the same time and general location aforesaid, Defendant Jennifer L. Kreider drove the aforesaid vehicle in a negligent, careless and reckless manner failing to appropriately operate the vehicle upon the right half of the roadway, and failing to appropriately yield the right-of-way to the oncoming Plymouth van owned by Plaintiffs resulting in the violent collision and causing property damage and physical injuries and other damages to Plaintiffs. following: a. b. C. d. The negligence, carelessness and recklessness of Defendants consisted of the Failure to operate the aforesaid vehicle upon the right half of the roadway, Failure to give operator Tryon L. Benner at least one-half of the roadway, Operating the aforesaid vehicle on the left side of the roadway, Failure to operate entirely within a single lane of roadway and moving from the southbound lanes without first ascertaining that the movement could be made with safety, e. Operating said vehicle without due regard to the rights, safety and well-being of Plaintiffs under the aforesaid circumstances, f. Operating the vehicle in a careless manner, g. Operating the vehicle at an unsafe speed under the circumstances, h. Failure to have the vehicle under proper and adequate control, i. Failure to apply the brakes properly to avoid the collision, Negligently applying the brakes, k. Operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time, 1. Otherwise operating said vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania, m. Failure to properly equip the vehicle with tires capable of safely traveling on the roadway considering the weather and road conditions, n. Failure to properly equip the vehicle with a breaking system capable of safely stopping the aforesaid vehicle considering the weather and road conditions, o. Failure to adequately ensure the safe operation of the aforesaid vehicle, p. Failure to adequately supervise the operator of the aforesaid vehicle, q. Failure to have the vehicle properly inspected, r. Failure to adhere to the provisions of the Pennsylvania Motor Vehicle Code. Count I T _ryon L. Benner v. James A. Sarver and Jennifer L. Kreider 10. Paragraphs one (1) through nine (9) aforesaid are incorporated herein by this reference hereto. 11. As a direct and proximate result of the aforestated collision and Defendants' negligence and reckless conduct, Plaintiff Tryon L. Benner sustained serious bodily injury, including but not limited to neck strain and numbness, low back pain, disc herniation, aggravation of back injury, nerve damage, slight loss of hearing, numbness of left leg, foot and muscle spasms. 12. As a direct and proximate result of the aforestated collision and Defendants' negligence and reckless conduct, Plaintiff Tryon L. Benner has suffered and will suffer in the future great pain, agony and inconvenience and loss of life's pleasures. 13. As a direct and proximate result of the aforestated collision and Defendants' negligence and reckless conduct, Plaintiff Tryon L. Benner has been and in the future will be limited and prevented from attending physical activity to his great detriment, damage and loss. 14. As a direct and proximate result of the aforestated collision and Defendants' negligence and reckless conduct, Plaintiff Tryon L. Benner has incurred and in the future may incur medical and pharmaceutical expenses for medical treatment, chiropractic care and/or physical therapy and transportation costs in an amount not yet ascertained. 15. As a direct and proximate result of the aforestated collision and Defendants' negligence and reckless conduct, Plaintiff Tryon L. Benner has incurred and in the future will incur economic loss including but not limited to lost wages, property damage, and other out-of- pocket expenses. WHEREFORE, Plaintiffs demand Judgment for damages from Defendants in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), said amount being in excess of the amount provided by local rules for compulsory arbitration. Count II Mary_ M. Benner v. James A. Sarver and Jennifer L. Kreider 16. Paragraphs one (1) through nine (15) aforesaid are incorporated herein by this reference hereto. 17. As a result of the injuries sustained by her husband,. Tryon L. Benner, Plaintiff Mary M. Benner has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will be to her great damage and loss. 18. As a direct and proximate result of the aforestated collision and Defendants' negligence and reckless conduct, Plainiff Mary M. Benner has incurred and in the future will incur economic loss including but not limited to lost wages, property damage, and other out-of- pocket expenses. WHEREFORE, Plaintiff Mary M. Benner demands judgment against the Defendants James A. Sarver and Jennifer L. Kreider in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), said amount being in excess of the amount provided by local rules for compulsory arbitration. Ralph A. Box 249 McAlisterville, PA (717) 463-3686 Attorney for Plaintiffs VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. TRYON L. BENNER and MARY M. BENNER, Plaintiffs JAMES A. SARVER and JENNIFER L. KREIDER, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 03-28 CIVIL TERM CIVIL ACTION - AT LAW JURY TRiAL DEMANDED CERTIFICATE OF SERVICE Ralph A. Germak, Esquire, hereby certifies that he is the attorney for the Plaintiffs, and that he caused a true and correct copy of the attached Complaint to be served by regular first class mail, postage prepaid, upon: Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Dated: May ,2003 RalPh A.~3ermak, - ..... P.O. Box 249 McAlisterville, PA 17049 (717) 463-3686 I.D. No. 19593 Attorney for Plaintiffs File No.: 03HB-00061 PRAECIPE FO R..LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x ) for JURY trial at the next term of civil court. ( ) for trial without aiur~. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) Tryon L. Bermer and Mary M. Benner, VS. James A. Sarver and Jennifer L. Kreider, Plaintiffs ) Assumpsit ) Trespass x ) Trespass (Motor Vehicle) ) (Other) Defendants The trial list will be called on February 17, 2004 Trials commence on March 15, 2004 Pre-trials will be held on February 25, 2004 (Briefs are due 5 days before pre-trials.) ' (The party listigg this case for trial shall provide forthwith a copy of the praeczpe to all counsel, pursuant to local Rule 214-1.) No. 03-28 Civil 20 0_~_3 Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer~ Esquire, Attorney for Defendants; Jacobs & Associates, 214 Senate Avenue, Suite 503, Camp Hill, Pennsylvania, 17011; (717) 731- 0988. Indicate trial~9otwsel for oJher, parties if known: Ralph A. Germak, Esquire, Attorney for Plalntiffs; P.O. ~'~d9, McAlisterVi!l~/t~A 1/~04~(717) 463-3686 This case is ready for trial. : i i Signed: ' / ~' , Print Nam'~.-(.li~)'~nald R. Dorer, Esquire Attorney for: Defendants Date: January 19, 2004 }3HB-00061 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMPHILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tryon L. Benner and Mary M. Benner, Case No.: 03-28 Civil Term Plaintiffs VS. James A. Sarver and Jennifer L. Kreider, Defendants CERTIFICAT! IURY TRIAL DEMANDED OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Listing Case for Trial to be served by regular first class mail upon: Date: January 19, 2004 Ralph A. Germak, Esquire P.O. Box 249 McAlisterville, PA 17049 Donald R. Dorer, Esquire Attorney for Defendants 17. Tryon L. Benner and Mary M. Benner V James A. Sarver and Jennifer L. Kreider 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-0028 CIVIL TERM ORDER OF COURT AND NOW, February 23, 2004, counsel having failed to call the above case for trial, the case is stricken from the March 15, 2004 trial term. Counsel is directed to relist the case when ready. ~alph A. Germak, Esquire For the Plaintiff o/Donald R. Dorer, Esquire For the Defendant Court Administrator ld By the Court, Geo~gffE. Hoffer, P.J. 03HB-00061 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tryon L. Benner and Mary M. Benner, Plaintiffs VS. James A. Sarver and Jennifer L. Kreider, Defendants Ease No.: 03-28 Civil Term JURY TRIAL DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE AND END ro THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: McAlisterville, PA 17049 Attorney for Plaintiffs Court LD. I sq3 }3HB-00061 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP I-IILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tryon L. Benner and Mary M. Benner, Case No.: 03-28 Civil Term Plaintiffs VS. James A. Sarver and Jcnnifer L. Kreider, Defendants fURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused atrue and correct copy of the attached Praeeipe to Settle, Discontinm and End to be served by regular first class mail upon: Date: February 26, 2004 Ralph A. Germak, Esquire P.O. Box 249 ~ McAlisterville, PA A~7049 ,/ ~ Donald R. Dorer, Esquire Attorney for Defendants