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HomeMy WebLinkAbout03-4388JEFFREY L WALTERS, Plaintiff VS. JACOB QUATRARA and LANETA EICKELBERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - 03 438 i Cc Kt -Ft,, JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. h Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. Date: September 8, 2003 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Jacob Quatrara Laneta Eickelberger SCI Cresson 65 W. Big Spring Avenue Inmate No.: FA7549 Newville, PA 17241 Drawer A, Old Route 22 Cresson, PA 16699-0001 (814) 886-8181 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Pro onotary Date: By: Deputy C7 r t Q 1 v? P SHERIFF'S RETURN - REGULAR CASE NO: 2003-04388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALTERS JEFFREY L VS QUATRARA JACOB ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EICKELBERGER LANETA the DEFENDANT , at 1614:00 HOURS, on the 12th day of September, 2003 at 70 W BIG SPRING AVENUE NEWVILLE, PA 17241 LANETA EICKELBERGER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 23.59 Sworn and Subscribed to before me this day of U'CQsP4 .20,3 A. D. <P??•-4j P othonotary So Answers: f? R. Thomas Kline J 09/23/2003 ROMINGER & BAYLEY By: Deputy S riff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALTERS JEFFREY L VS QUATRARA JACOB 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: QUATRARA JACOB but was unable to locate Him deputized the sheriff of CAMBRIA in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 23rd , 2003 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Cambria Cc 26.76 .00 63.76 09/23/2003 ROMINGER & BAYLEY So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this oZ A- CL day of dt&& 11 a&v3 A.D. ?q Prothonotary w In The Court of Common Pleas of Cumberland County, Pennsylvania Jeffrey L. Walters vs. Jacob Quatrara et al SERVE: same No 03-4388 civil Now, September 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff' of Cambria 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, September 16th 20 03 at 13:35 o'clock P. M. served the within Writ of Summons upon Jacob Quatrara at SCI Cresson, Cresson, Pa. by handing to him personally a true and attested copy of the original writ of Summons and made known to him the contents thereof. So answers, doh Wk's(. Cambria Sheriff of County, PA COSTS $26.76 Sworn and subscribed befbre SERVICE $ me this /btfjday of,`x?4,n be? , 20 43 MILEAGE ?Jr AFFIDAVIT ` $26.76 JEFF L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JACOB QUATRARA, £W944, Defendant NO. 03-4388 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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, 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. Pennsylvania Bar Association 100 South Street, P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JEFF L. WALTERS, Plaintiff V. JACOB QUATRARA, ET AL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - AT LAW NO. 03-4388 COMPLAINT Plaintiff Jeff L. Walters, is an adult individual who resides al: 32 Center Street, Mount Holly Springs, Cumberland County, PA 17065. 2. Defendant, Jacob Quatrara, is an adult individual who formerly resided at 20 Subdivision Road, Newville, Cumberland County, PA 17241. The events hereinafter complained of occurred on or about September 6, 2001, at approximately 12:20 a.m., in Upper Mifflin Township, Cumberland County, Pennsylvania, at Defendant's former residence. 4. At said time and place, Defendant, Jacob Quatrara, shot Plaintiff, Jeff L. Walters. On or about September 6, 2001, Defendant was charged by the Cumberland County District Attorney's Office with following offenses: aggravated assault, recklessly endangering another person, and simple assault. 6. On March 8, 2002, Defendant was convicted of the above mentioned charges and sentenced accordingly. COUNT I - ASSSAULT & BATTERY The averments of paragraphs 1 through 6 above are inclusive and incorporated herein by reference as though fully set forth. 8. On September 6, 2001, Defendant assaulted plaintiff with a firearm. 9. As a result of defendant's assault and battery, plaintiff suffered a gunshot wound to the abdomen. 10. As a further result of Defendant's assault and battery, Defendant is liable to the Plaintiff for damages for the following: a. pain and suffering of the Plaintiff between time of his injuries to the present; b. total estimated lost wages and earnings; C. Plaintiff s loss of enjoyment of life; d. past and present great pain, inconvenience, and mental anguish; e. required expenditures of significant amounts of money for medical care. WHEREFORE, Plaintiff, Jeff L. Walters, demands judgment against Defendant, Jacob Quatrara, for an amount in excess of the statutory limitations for arbitration, as well as costs and interest. IN THE ALTERNATIVE COUNT 2 - NEGLIGENCE 11. The averments of paragraphs 1 through 10 above are all inclusive and incorporated herein by reference as though fully set forth. 12. At said time and place, Plaintiff s ex-wife, now deceased, invited Plaintiff to accompany her to Defendant's home. 13. At said time and place, Defendant pointed a 9 millimeter handgun at the Plaintiff and shot him, thereby causing the incident and injuries complained of. 14. Plaintiff s injuries and damages set forth herein were the direct and proximate result of the negligence of Defendant, then and there occurring. 15. Defendant was negligent generally and in the following particulars: a. In discharging a firearm in a reckless manner; 16. As a direct and proximate cause of the negligent acts of the Defendant, Plaintiff sustained the following serious and severe injuries, some of which may be permanent: a. Injuries and damages in and about the abdomen; 17. As the direct and proximate cause of the negligent acts of the Defendant, said Defendant is liable to Plaintiff for damages for the following: a. pain and suffering between time of his injuries to present; b. past and present great pain, inconvenience, embarrassment, and mental anguish; C. total estimated lost wages and earnings; d. Plaintiffs loss of enjoyment of life; e. required expenditures of significant amounts of money for medical care. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendant, for an amount in excess of the statutory limitations for arbitration, as well as costs and interest- Respectfully submitted, ROMINGER BAYLEY & WHARE Q ?? Karl E. Rominger, Esquire Attorney I.D. No. 81924 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Attorney for Plaintiff JEFF L. WALTERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 03-4388 JACOB QUATRARA, ET AL Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Jeff L. Walters, do hereby certify that I this day served a copy of the Complaint upon the following by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jacob A. Quatrara SCI Cresson Inmate No.; FA7549 Drawer A, Old Route 22 Cresson, PA 16699-0001 Dated: Respectfully submitted, ROMINGER, BAYLEY & WHARE Kar . Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JEFF L. WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V. NO. 03-4388 JACOB QUATRARA, ET AL Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date:// /7 /0 dl &Z Jeff hers n ? a ?- ,. rn -n ci ? --i rt ' ^, rn ? ?-,,,`? _;_ - ' ? - ?;, co `. - p Jegu_LA ___ L OJ1:0- S vs Case No. DO Jamb QUOI(arC11- GM ? 1&C?- E+ e"1 berStatement of Intention to Proceed To the Court: Wad intends to proceed with the above captioned matter. ign Name PrintName KarlL, i Kip Date: j? b? 7 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r..a C.._- .tea ?.? ?Y ?? ? 4,, ?. t ? •..1 ? .. .-i?^ j ' t l'3 David D. Buell crothonotary KirkS. Sohonage, ESQ Soficitor z +I 1§nee X. Simpson I" Deputy Prothonotary Irene E. Morrow 2" Deputy ftothonotary office of the Trothonotary Cum6erland County, Tennsy(vania 03 =!Y,3gc6) CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 Cardsle, (PA 17013 a (717) 240-6195 • Fa.X (717 240-6573