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HomeMy WebLinkAbout08-5830JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, his wife, Plaintiffs V. KENNETH BAKER and LESLIE BAKER, his wife, Defendants 2008 - 6Y36 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, KENNETH BAKER and LESLIE BAKER, and enter my appearance on behalf of the plaintiffs, JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, his wife. Please direct the Sheriff to serve the defendants as follows: Mr. Kenneth Baker Ms. Leslie Baker 470 Braggtown Road York Springs, PA 17372 By: October 1, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, IRWIN & Marc A. MAn fight, III, Esq 're 60 W At Pom t Street, Carlisle, 17013 (717) 249-2353 Su No: 25476 To: KENNETH BAKER and LESLIE BAKER You are hereby notified that JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, his wife, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. 11 S C PROTHONOTAF,ff By: ? a 1 6.4 &„ DEPU Date: ® /,2008 r? rv { - CO jo -< n L? BAKER KENNETH ET AL CASE NO: 2008-05830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUBROVICH JOSEPH JR ET AL VS 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: BAKER KENNETH but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within WRIT OF SUMMONS SHERIFF'S RETURN - OUT OF COUNTY County, Pennsylvania, to On October 23rd , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answer • ?. 7 Docketing 18.00 ??-- Out of County 9.00 Surcharge 10.00 R. Thomas K1 ne Dep Adams County 41.55 Sheriff of Cumberland County Postage 1.35 79.90 ? /0/21M 91- 10/23/2008 MARCUS MCKNIGHT Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUBROVICH JOSEPH JR ET AL VS BAKER KENNETH 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: BAKER LESLIE but was unable to locate Her deputized the sheriff of ADAMS serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On October 23rd , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge So answP-rq-:------- 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 ? lo?? 7/vr 16.00 10/23/2008 MARCUS MCKNIGHT Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Joseph Dubrovich Jr. et al vs. Kenneth Baker et al SERVE: Kenneth Baker No. 08-5830 civil Now, October 6, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, October 21 , 20_28 , at 2:32 o'clock P. A served the within Writ of Summons in Civil Action upon Kennetb Baker at 470 Braggtown Road, York Springs, PA by handing to Kenneth Baker a true and attested copy of the original writ of summons and made known to Kennetb. Baker So answers, the contents thereof t eri It" of Adams. Coon , PA Sworn and subscribed before me this day of N/A , 20 COSTS SERVICE $ 24.00 MILEAGE 17.55 AFFIDAVIT $ 41.55 Ill. 10/22/06 R% In The Court of Common Pleas of Cumberland County, Pennsylvania Joseph Dubrovich Jr. et al vs. Kenneth Baker et al SERVE: Leslie Baker No. 08-5830 civil Now,. October 6, 2008 - , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adorns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, October 21 5 2008 , at 2:32 o'clock P. M. served the within Writ of Summons in Civil Action upon Leslie Baker at 470 Braggtown Road, Fork Springs, PA by handing to Leslie Baker a true and attested copy of the original writ of summons and made known to Leslie Baker the contents thereof. So answers, De eri a,ft s W - of Adams County, PA Sworn and subscribed before me this day of N/A )20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ Included co another return LAW OFFICES OF JEFFREY H. EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, h/w Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. KENNETH BAKER and LESLIE BAKER, h/w NO. 2008 - 5830 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendants, Kenneth Baker and Leslie Baker, h/w in the above matter. LAW OFFICES OF JEFFREY H. EISEMAN BY: c. Jeffrey M. Pollock Attorney for Defendants FILED-t;,}FFI ;E OF THE P-'" TARP 2009 APP 15 PH 2; 52 LAW OFFICES OF JEFFREY H. EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, h/w Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. KENNETH BAKER and LESLIE BAKER, h/w NO. 2008 - 5830 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule upon Plaintiffs to file a Complaint within twenty (20) Days hereof or suffer the entry of a Judgment of Non Pros. THE LAW OFFICE OF JEFFREY EISEMAN BY: Jeffrey M. Pollock Attorney for Defendant RULE AND NOW, this 15-r` Day of Agri , 2009, a Rule is hereby GRANTED upon Plaintiffs herein to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment o Non Pros. J. OF TFE Pr;u` n ` NOTARY 2009 APR 15 PH 2: S 2 CUiV t NITS` i a° JOSEPH DUBROVICH, JR. and IN THE COURT OF COMMON PLEAS OF DRENA DUBROVICH, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. 2008 - 5830 CIVIL TERM KENNETH BAKER and LESLIE BAKER, his wife, CIVIL ACTION - LAW Defendants 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, order 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 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. 2 JOSEPH DUBROVICH, JR. and IN THE COURT OF COMMON PLEAS OF DRENA DUBROVICH, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. 2008 - 5830 CIVIL TERM KENNETH BAKER and LESLIE BAKER, his wife, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, this 27th day of May 2009 comes the Plaintiff, JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, his wife, by their attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendants, KENNETH BAKER and LESLIE BAKER, his wife: 1. The Plaintiffs are Joseph Dubrovich, Jr. and his wife, Drena Dubrovich, adult individuals residing at 843 Franklin Church Road, Dillsburg, Pennsylvania 17019-8607. 2. The Defendants are Kenneth Baker and his wife, Leslie Baker, adult individuals residing at 470 Braggtown Road, York Springs, Pennsylvania 17372. 3. On October 16, 2006, at approximately 9:30 p.m., the Plaintiff, Joseph Dubrovich, was traveling northwest on Franklin Church Road toward Brittany Lane, near York Springs, Pennsylvania. 4. Brittany Lane is controlled by a stop sign. The Defendant, Leslie Baker, approached the intersection on Brittany Road from the Plaintiff s right and without stopping for the stop sign, entered the intersection by driving in front of the Plaintiff's vehicle. 5. At the time of collision, it was dark and the Defendant, Leslie Baker, did not have on her regular headlights. 6. The Plaintiff was unable to avoid the collision and struck the Defendants' vehicle at the front hinge of the driver's side door. 3 COUNT I JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, PLAINTIFFS v. LESLIE BAKER DEFENDANT 7. The averments of fact contained in paragraph one (1) through six (6) of the Complaint are incorporated herein by reference and are made a part of this Count. 8. The collision and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Leslie Baker. The Defendant driver, Leslie Baker, was traveling in an unsafe manner and was the primary cause of the collision. 9. The injuries sustained by the Plaintiff was caused by the negligence and careless actions of the Defendant, Leslie Baker in that she failed to stop at the stop sign under Title 75 section 3323(b) of the Vehicle Code. 10. The Defendant, Leslie Baker, was negligent and careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision when she claimed her foot hit the accelerator instead of the brake; b. She was not paying attention to the highway; C. She failed to maintain her vehicle in the proper lane of traffic; d. She was looking to her right as she was operating her vehicle and was distracted; e. She failed to stop at a stop sign; f. She was traveling too fast for conditions; g. She was using a medication at the time of the collision which impaired her ability to drive safely; h. She may have been using a cell phone during the time of the collision or was otherwise distracted at the time of impact; and i. She was using a medi-pump at the time of the collision which further impaired her ability to drive safely. 4 WHEREFORE, the Plaintiffs, Joseph Dubrovich, Jr. and his wife, Drena Dubrovich, request compensation and punitive damages from the Defendant, Leslie Baker, in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. COUNTII JOSEPH DUBROVICH, JR. and DRENA DUBROVICH, PLAINTIFFS v. KENNETH BAKER DEFENDANT 11. The averments of fact contained in paragraph one (1) through ten (10) of the Complaint are incorporated herein by reference and are made a part of this Count. 12. At the time of the collision, the Defendant, Kenneth Baker, was married to the Defendant, Leslie Baker, and he resided with her. 13. The Defendant, Kenneth Baker, knew or should have known that at the time of the collision, that Leslie Baker was making medication and was unable to safely operate a motor vehicle, and he negligently failed to take action to prohibit her operation of the vehicle she was driving. The Defendant, Kenneth Baker, negligently entrusted the vehicle to Defendant, Leslie Baker. He is therefore liable for the negligent actions of Defendant, Leslie Baker, as she operated the vehicle. 14. At the time of the collision, the Defendant, Leslie Baker, was acting as an agent of the Defendant, Kenneth Baker, thereby making him liable for the negligent actions of Defendant, Leslie Baker. WHEREFORE, the Plaintiffs, Joseph Dubrovich, Jr. and his wife, Drena Dubrovich, request compensation and punitive damages from the Defendant, Kenneth Baker, in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. 5 income from his work which occurred or will occur as a result of the injuries he sustained in the accident. 23. The Plaintiff, Joseph Dubrovich, Jr. also seeks compensation for the serious and permanent injuries which he has sustained which has caused extensive pain and suffering. 24. The Plaintiff seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures and work loss since the date of the accident as well as compensation for future losses he will incur in these areas from the Defendant. 25. At the time of the collision, Plaintiff, Drena Dubrovich, was married to the Plaintiff, Joseph Dubrovich, Jr. They had been married since December 6, 1977. 26. Following the collision, the Plaintiff, Drena Dubrovich, sustained the loss of society, care and comfort of her husband as he recovered from his injuries and from the subsequent surgery. 27. The Plaintiff, Drena Dubrovich, seeks compensation for loss of companionship and society as a consequence of the injuries sustained by her husband, Joseph Dubrovich, Jr. WHEREFORE, the Plaintiffs, Joseph Dubrovich, Jr. and his wife, Drena Dubrovich, request compensation from the Defendants in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & NIGHT, P.C. By: Ma7esf (Peitn?vania McKnight, III, E3 60 mfret Street Carlisle, 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs Date: May 27, 2009 7 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: May 27, 2009 7 JOSEPH DUBROVICH, JR. and : IN THE COURT OF COMMON PLEAS OF DRENA DUBROVICH, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. 2008 - 5830 CIVIL TERM KENNETH BAKER and LESLIE BAKER, his wife, CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jeffrey M. Pollock, Esq. Law Offices of Jeffrey J. Eiseman 1515 Market Street, Ste. 1802 Philadelphia, PA 19102 IRWIN &,./IcKNIGW, P.C. By: Marc 4s 9 I, Esquire t Carlis(717 ) re. 25476 Date: May 28 , 2009 ?4 ?' ` ? ,r ?.,?v 1 '` ? ? r. (.l: i • - ?t ?,. i`