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HomeMy WebLinkAbout08-6321Y 4%. MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS Guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: - pg- 108aI civil leaks JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. f Date: October 24, 2008 Respectfully submitted, ROMINGER & ASSOCIATES l/ Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 WRIT OF SUMMONS To The Above Named Defendants: Aaron Nigro 107 Spruce Avenue Carlisle, PA 17013 Newville Bureau of Police Chief of Police 25 W. Big Spring Avenue Newville, PA 17241 is-63A( byll -crw- Newville Borough Council 4 West Street Newville, PA 17241 Cumberland County Board of Commissioners Pennsylvania Attorney General's Office 1 Courthouse Square 1600 Strawberry Square Carlisle, PA 17013 Harrisburg, PA 17120 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: /(>/.I µ/o8 - R * - c v y Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 dgoodemoterwattornev,,,Y,eneral.gov MARGARET WINTERS, and K.W., a minor, by MARGARET WINTERS Guardian, v. Plaintiff AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his Capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and The COUNTY OF CUMBERLAND, and The NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 08-6321 CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, The State of Pennsylvania, in the above-referenced matter. Respectfully submitted, THOMAS W. CORBETT, JR. By: DATED: November 12, 2008 Senior Deputy Attorney General Supreme Court No. 30986 10 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (Attorney for Plaintiff) aniel mot Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: November 12, 2008 LZI SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON 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: PENNSYLVANIA STATE OF ATTORNEY GENERAL'S OFFICE but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 10th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas K ne Dep Dauphin County 41.25 Sheriff of Cumberland County .00 66.25 ? /f//f/09 ?. 11/10/2008 ROMINGER LAW OFFICE Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NEWVILLE BUREAU POLICE DEPARTMENT the DEFENDANT , at 0939:00 HOURS, on the 29th day of October , 2008 at 23 W BIG SPRING AVENUE NEWVILLE, PA 17241 VICKIE NEGLEY. CLERK by handing to ADULT IN CHARGE 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 11.00 Affidavit .00 Surcharge 10.00 00 1 jY)08 27 . 00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/10/2008 ROMINGER LAW OFFICE By. D puty Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NEWVILLE BOROUGH COUNCIL DEFENDANT the , at 0936:00 HOURS, on the 29th day of October , 2008 at 4 WEST STREET NEWVILLE, PA 17241 by handing to BILL TOTH, COUNCIL PRESIDENT. ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.00 Affidavit .00 Surcharge 10.00 ril?p/o? (?,, 00 2 07 0- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/10/2008 ROMINGER W I E By Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND COUNTY BOARD OF COMMISSIONERS the DEFENDANT , at 0823:00 HOURS, on the 29th day of October at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JOANNE BURKHART, DEPUTY CHIEF CLERK, ADULT IN CHARGE 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 .00 Affidavit .00 Surcharge 10.00 9 8 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/10/2008 ROMINGER LAW OFFICE By: X, //? A. D. 2008 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS NIGRO AARON DEFENDANT was served upon the , at 1454:00 HOURS, on the 7th day of November-, 2008 at 107 SPRUCE AVENUE CARLISLE, PA 17013 AARON NIGRO by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Postage 1.35 Surcharge 10.00 .00 it?J??0 y 34.35 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/10/2008 ROMINGER LAW OFF By_; Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NIGRO AARON AS POLICE OFFICER OF NEWVILLE BUREAU POLICE DEPT the DEFENDANT , at 1454:00 HOURS, on the 7th day of November , 2008 at 107 SPRUCE AVENUE CARLISLE, PA 17013 AARON NIGRO a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 `Ibylo ? 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/10/2008 ROMINGER LAW OFFICE ?. By. De uty Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINTERS MARGARET ET AL VS NIGRO AARON ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NIGRO AARON AS CONSTABLE FOR TOWNSHIP COUNTY & STATE OF PA the DEFENDANT , at 1454:00 HOURS, on the 7th day of November , 2008 at 107 SPRUCE AVENUE CARLISLE, PA 17013 AARON NIGRO by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 q, .00 1??1P?vS? 1 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/10/2008 ROMINGER LAW OFFICE By: Deputy She iff of A. D. ILL T e Court of Common Pleas of Cumberland County, Pennsylvania Margaret Winters et al N"S , Aaron Nigro et al SERJE: The State of Pennsylvania No. Attorney General's Office 08-6321 civil Now, _ October 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, within upon at by handing to a and made known to Sworn and subscribed before me this day of 320 20 , at o'clock M. served the copy of the original So answers, the contents thereof. C 00 Sheriff of COSTS SERVICE $ co MILEAGE ' AFFIDAVIT " (ptfitt of 14e ? errf Ma%Jane Snyder R Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MARGARET WINTERS, ET AL VS THE STATE OF PENNSYLVANIA ATTORNEY GENERAL'S OFFICE Sheriffs Return No. 2008-T-2275 OTHER COUNTY NO. 08-6321 And now: OCTOBER 31, 2008 at 10:45:00 AM served the within WRIT OF SUMMONS upon THE STATE OF PENNSYLVANIA ATTORNEY GENERAL'S OFFICE by personally handing to SHARON ARNDT 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at STRAWBERRY SQUARE 16TH FLOOR HARRISBURG PA 17120 RECEPTIONIST Sworn and subscribed to before me this 3RD day of November, 2008 NOTARIAL SEAL ARY JAMB SNYDER, Notary Publi Hgbspire. Dauphin County f'M'y. Commission Ex ims Sept 1, 2010 0 So Answers, Sheriff of Dauphin ty, Pa. By Deputy Sheriff Deputy: S REED Sheriffs Costs: $41.25 10/30/2008 WILLIAM J. FERREN & ASSOCIATES BY: David P. Karamessinis, Esquire ID#: 50836 1500 Market Street - Suite 2920 Philadelphia, PA 19102 267-675-3028 MARGARET WINTERS, AND K.W., a minor by MARGARET WINTERS, Guardian V. AARON NIGRO, ET AL. Attorney for Defendant, Cumberland County :COURT OF COMMON PLEAS :CUMBERLAND COUNTY :No: 08-6321- Civil Term :JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf defendant Cumberland County, only. WILLIAM J. FERREN & ASSOCIATES BY: David P. Karamessinis, Esquire Attorney for Defendant, Cumberland County ID#: 50836 Ul -12 ?. WILLIAM J. FERREN & ASSOCIATES BY: David P. Karamessinis, Esquire ID#: 50836 1500 Market Street - Suite 2920 Philadelphia, PA 19102 267-675-3028 Attorney for Defendant, Cumberland County MARGARET WINTERS, AND K.W., a minor by MARGARET WINTERS, Guardian V. AARON NIGRO, ET AL. :COURT OF COMMON PLEAS :CUMBERLAND COUNTY :No: 08-6321- Civil Term :JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within 20 days hereof or suffer the entry of a Judgment of Non Pros. WILLIAM J. FERREN & ASSOCIATES BY: David P. Karamessinis, Esquire Attorney for Defendant, Cumberland County ID#: 50836 RULE TO FILE COMPLAINT AND NOW, this 80- day of 0M, 2008, a Rule is hereby granted upon plaintiff to file a Complaint herein within 20 days after the service hereof or suffer the entry of a Judgment of Non Pros. P HO A Y .? ??'- " t ? ??: e?f~? ? 'Ti G MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA] CIVIL ACTION - LAW :NO: 08 - 6321 JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY AND NOW, comes Margaret Winters and K.W., by and through their privately retained Vincent M. Monfredo, Esquire and offers the following: PROCEDURAL HISTORY: I . Plaintiff filed a Writ of Summons against Defendants on October 24, 2008. 2. Plaintiff mailed First Set of Interrogatories (Exhibit A) to Defendant Aaron Nigro January 23, 2008. 3. The sole purpose of the Interrogatories is to find out the insurance carrier who Defendant Nigro at the time the incident arose which brought about this Writ of Summons. 4. Defendant Nigro was a State Constable at the time of said incident and was required to insurance. 5. Defendant Nigro to this date has not responded. 6. No attorney has entered their appearance for Defendant Nigro 7. Plaintiff now brings this Motion to Compel Discovery pursuant to Pennsylvania Rules of Civil Procedure 4006 (2) stating that answers to interrogatories shall be answered and served within thifty (30) days. 8. Plaintiff brings this Motion respectfully requesting the Court order Defendant Nigro provide discovery as requested in Exhibit A pursuant to Pennsylvania Rules of Civil Procedure 4006. 9. No part of this case has been heard by any Judge at the Common Pleas level yet. DISCOVERY: 10. Previous paragraphs are incorporated herein by reference. 11. Without discovery Plaintiff cannot proceed to attempt to settle this matter. 12. Defendant Nigro remains unrepresented. 13. Defendant Nigro was required to have insurance as a State Constable at the time of tt event. 14. Plaintiff wishes to reach discuss this matter with Defendant's Nigro's insurance compan 15. Discussions with Defendant's insurance company may lead to Plaintiff removing oth r parties as Defendants. 16. Specifically the interrogatories requested to be answered are short and to the point and on seek to find out Defendant Nigro's insurance company. 17. The Pennsylvania Rules of Civil Procedure dictate Defendant Nigro provide Plaintiff wi the requested discovery. WHEREFORE, Plaintiff respectfully requests that this Court Compel Discovery. Respectfully submitted, Rominger & Associates Date: March 24, 2009 Vincent Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 206671 Attorney for Plaintiff MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAI : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Plaintiff, do hereby certify that I this day served copy of the Motion to Compel Discovery upon the following by depositing the same in the United Stan mail, first class, postage prepaid, addressed as follows: Aaron Nigro 107 Spruce Avenue Carlisle, PA 17013 Respectfully submitted, Rominger & Associates Date: March 24, 2009 Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS PENNSYLVANIA Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff vs. CIVIL ACTION - LAW NO: 08 - 6321 AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Oicer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVELLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants JURY TRIAL DEMANDED 14 SET DF -MURROGATORIES-PRI)POUNDED BY-PLAINTIFF AND DIRECTEIY---- - TO DEFENDANT AARON NIGRO PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et se ., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Date: y3 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant EyhI14 A " DEFINITIONS AND INSTRUCITONS 1. The term "document" herein, includes (whether or not specifically called for) all printed, typewritten, graphic or recorded matter, however produced or reproduced and however formal or informal. 2. Whenever asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody, or control thereof: (a) The nature of the document (e.g., letter memorandum, computer print-out, minutes, resolution, tape recording, etc); (b) The date of the document, if the document does not contain a date then state the date the document was prepared; - - (c) The name, address, employer and position of the signer or signers (or if there should be no signers, the name of the person who prepared the document); (d) The name, address, employer and position of the person, if any, to whom the document was sent; (e) If you have possession, custody of control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (f) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and (g) A brief statement of the subject matter of such document. 3. Whenever asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (a) The means of communication (e.g., telephone, personal conversations, etc.); (b) The location; (c) The date; (d) The names, addresses, employers and positions (a) all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in ay document (however informal) and, if so, and identification of such document in the manner indicated above. 4. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. Whenever asked to "identify" a person, the following information should be given: (a) The name, present address and present employer and position of the person; and (b) Whether the person ahs given testimony by way of deposition or otherwise in an proceeding to the present proceeding and/or whether that person ahs given a statement whether oral, written, or otherwise and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. 6. The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, you're attorneys, consultants, sureties, indemnities, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. 7. The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, by not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. Please state: a. Your full name and each other name which you have used or by which you have been known; b. Your date of birth; c. Your present residence address; and d. Each other address and period of residence which you have had during the past five (5) years. 2. Please state: a. Your current job title, your current place of employment, its address and telephone number; b. Each other job you have held in the past ten (10) years, its address and telephone number 3. Have you ever had professional liability insurance coverage over the past five (5) years? Such as the professional liability insurance coverage that Pennsylvania State Constables are required to have under 42. Pa. C. S.A. Section 2942. If you have, please state: a. The name of each insurance company you had a policy with; b. The year in which you had that policy with that company; c. The policy number; d. The coverage amount per incident for that policy; and e. The aggregate coverage amount per year for that policy. MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS PENNSYLVANIA Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVII.LE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants : CIVIL ACTION - LAW :NO: 08 - 6321 JURY TRIAL DEMANDED CERTIFICATE-. F I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Interrogatories upon the following by depositing same in the United States mail, postage prepaid at Carlisle, Pennsylvania, addressed as follows: Aaron Nigro 107 Spruce Avenue Carlisle, PA 17013 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff N x?• Vnj== Cl G"'s ~G MAR 2 6 2006 y MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 2 ?' day of ir740-e-c , 2008, a Motion to Compel Discovery having been filed by the Plaintiff, is hereby granted and Defendant Aaron Nigro is Ordered to provide Plaintiff with the requested Discovery. By the Court: Distribution: V cent M. Monfredo, Esquire OMINGER & ASSOCIATES 155 South Hanover Street Carlisle, Pennsylvania 17013 4#- on N,60 107 Spruce Avenue Carlisle, PA 17013 J FILED ??TICE OF THE" F"I(°r1TF?,IN TARY 2009 MAR 27 AM 11: 32 Cl:? t.'E?iTY MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY AND NOW, comes Margaret Winters and K.W., by and through their privately retained counsel, Vincent M. Monfredo, Esquire and offers the following: PROCEDURAL HISTORY: Plaintiff filed a Writ of Summons against Defendants on October 24, 2008. 2. Plaintiff mailed First Set of Interrogatories (Exhibit A) to Defendant Aaron Nigro on January 23, 2008. 3. The sole purpose of the Interrogatories is to find out the insurance carrier who represented Defendant Nigro at the time the incident arose which brought about this Writ of Summons. 4. Defendant Nigro was a State Constable at the time of said incident and was required to carry insurance. 5. Defendant Nigro to this date has not responded. 6. No attorney has entered their appearance for Defendant Nigro 7. Plaintiff now brings this Motion to Compel Discovery pursuant to Pennsylvania Rules of Civil Procedure 4006 (2) stating that answers to interrogatories shall be answered and served within thirty (30) days. 8. Plaintiff brings this Motion respectfully requesting the Court order Defendant Nigro to provide discovery as requested in Exhibit A pursuant to Pennsylvania Rules of Civil Procedure 4006. 9. No part of this case has been heard by any Judge at the Common Pleas level yet. DISCOVERY: 10. Previous paragraphs are incorporated herein by reference. 11. Without discovery Plaintiff cannot proceed to attempt to settle this matter. 12. Defendant Nigro remains unrepresented. 13. Defendant Nigro was required to have insurance as a State Constable at the time of this event. 14. Plaintiff wishes to reach discuss this matter with Defendant's Nigro's insurance company. 15. Discussions with Defendant's insurance company may lead to Plaintiff removing other parties as Defendants. 16. Specifically the interrogatories requested to be answered are short and to the point and only seek to find out Defendant Nigro's insurance company. 17. The Pennsylvania Rules of Civil Procedure dictate Defendant Nigro provide Plaintiff with the requested discovery. WHEREFORE, Plaintiff respectfully requests that this Court Compel Discovery. Date: March 24, 2009 Respectfully submitted, Rominger & Associates Vincent Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 206671 Attorney for Plaintiff MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Compel Discovery upon the following by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Aaron Nigro 107 Spruce Avenue Carlisle, PA 17013 Date: March 24, 2009 Respectfully submitted, Rominger & Associates Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS PENNSYLVANIA Guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, CIVIL ACTION - LAW NO: 08 - 6321 JURY TRIAL DEMANDED !" SET OF INTERROGATORIES PROPOLINDED B1-PLAINTIFF AND DWC"TED - TO DEFENDANT AARON NIGRO PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et?ec ., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Date: J/4-3/0? Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant I Ey-hll-,? A It DEFINITIONS AND INSTRUCITONS 1. The term "document" herein, includes (whether or not specifically called for) all printed, typewritten, graphic or recorded matter, however produced or reproduced and however formal or informal. 2. Whenever asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody, or control thereof: (a) The nature of the document (e.g., letter memorandum, computer print-out, minutes, resolution, tape recording, etc); (b) The date of the document, if the document does not contain a date then state the date the - ocument-was-prepared; - - (c) The name, address, employer and position of the signer or signers (or if there should be no signers, the name of the person who prepared the document); (d) The name, address, employer and position of the person, if any, to whom the document was sent; (e) If you have possession, custody of control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (f) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and (g) A brief statement of the subject matter of such document. 3. Whenever asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (a) The means of communication (e.g., telephone, personal conversations, etc.); (b) The location; (c) The date; (d) The names, addresses, employers and positions (a) all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication, (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in ay document (however informal) and, if so, and identification of such document in the manner indicated above. 4. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. 5. Whenever asked to "identify" a person, the following information should be given: (a) The name, present address and present employer and position of the person; and (b) Whether the person ahs given testimony by way of deposition or otherwise in an proceeding to the present proceeding and/or whether that person ahs given a statement whether oral, written, or otherwise and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement_is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. 6. The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, you're attorneys, consultants, sureties, indemnities, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. 7. The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, by not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. Please state: a. Your full name and each other name which you have used or by which you have been known; b. Your date of birth; c. Your present residence address; and d. Each other address and period of residence which you have had during the past five (5) years. 2. Please state: a. Your current job title, your current place of employment, its address and telephone number; b. Each other job you have held in the past ten (10) years, its address and telephone number 3. Have you ever had professional liability insurance coverage over the past five (5) years? Such as the professional liability insurance coverage that Pennsylvania State Constables are required to have under 42 Pa. C. S.A. Section 2942. If you have, please state: a. The name of each insurance company you had a policy with; b. The year in which you had that policy with that company; c. The policy number; d. The coverage amount per incident for that policy; and e. The aggregate coverage amount per year for that policy. MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVII..LE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants CIVIL ACTION - LAW NO: 08 - 6321 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE - I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Interrogatories upon the following by depositing same in the United States mail,'postage prepaid at Carlisle, Pennsylvania, addressed as follows: Aaron Nigro 107 Spruce Avenue Carlisle, PA 17013 Respectfully submitted, ROMINTGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff 1 -.z 3 1-71 r t''g I -n MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED 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 Franklin 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. MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED COMPLAINT And now comes Plaintiffs, MARGARET WINTERS AND K.W., by and through their attorney Vincent M. Monfredo, Esquire, and avers in support of his complaint as follows: INTRODUCTION This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983 and the Fourth and Fourteenth Amendments to the United States Constitution and the Due Process Clause. 2. It is alleged that Aaron Nigro made an unreasonable seizure of Margaret Winters, violating her rights under the Fourth and Fourteenth Amendments to the United States Constitution, as well as the Due Process Clause, and that Aaron Nigro assaulted, battered, and falsely imprisoned Margaret Winters. PARTIES 3. Plaintiff, Margaret Winter (hereinafter Winters) is an adult individual living . 4. Plaintiff, K.W. is a minor 5. Defendant Aaron Nigro (hereinafter, "Nigro") is an adult individual, believed to be residing at 107 Spruce Avenue, Carlisle, PA, and at all times relevant was a Constable for Cumberland County, and at all times acting under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs and usages of the Commonwealth of Pennsylvania and/or the County of Cumberland. FACTS 6. On or about October 26, 2006, Plaintiff Winters was home with her son K.W. 7. Winters was preparing for a job interview and heard a loud banging on the door which scared her son awake 8. Winters lived in a secluded area of the woods and was not expecting anyone. 9. Winters looked out of her window and noticed a car hidden behind the bushes. 10. Winters saw a man standing at her door wearing a baseball cap and casual clothes. 11. The man continued to pound on her door. 12. Winters asked who he was and he replied, "Let me in." 13. Winters opened the door to get a better look. 14. When Winters opened the door the man was pointing a gun at her while K.W. stood next to her. 15. The man then began screaming "Get out of the house! Get out of the house now!" 16. The man still did not identify himself. 17. Winters then noticed a badge around his neck. 18. The man doing these actions was Constable Aaron Nigro (hereinafter Nigro), the defendant. 19. Winters had just got out of the shower and asked to change her clothes, because she was just wearing pajamas. 20. Nigro then forcibly grabbed Winters by the arm. 21. Nigro forced Winters' arms behind her back. 22. Nigro then handcuffed Winters' hands together at an extremely tight setting. 23. Winters was crying the entire time. 24. K.W. stood there watching the entire time. 25. Winters believed she was being kidnapped. 26. Winters kept asking what was going on. 27. Finally, Nigro told her that she owed fines. 28. Nigro the kept pushing on her wrist and pulling her arms up. 29. Winters then screamed for her son, K. W. to call 911 and tell them she was being kidnapped. 30. Nigro then started dragging Winters to his car. 31. Winters screamed for K.W. to get the license plate number. 32. Winters continued to scream for help as Nigro dragged her to his car. 33. Nigro then said, "Go ahead and scream, who is going to hear you way out here." 34. Winters then noticed another man in Nigro's car and was overcome with fear for her life. 35. Finally, Nigro said she was being arrested on a bench warrant, but offered no explanation as to why. 36. Winters then asked if she could get some jeans and a medication, Lorazapam, that she was required to take. 37. Nigro did not allow this. 38. Winters then asked Nigro if he would loosen the handcuffs, because her right wrist was throbbing and beginning to bruise. 39. Nigro did loosen them. 40. Nigro, Winters, and the unknown man then sat there and waited for someone to pick up K.W. 41. A relative was arranged to come pick up K.W. 42. Nigro responded, "Well, it's a race between you and child welfare. Whoever gets here first gets the kid." 43. K.W. heard this immediately began to cry. 44. The relative came and picked up K.W. 45. Nigro then took Winters to jail. COUNTI ASSAULT & BATTERY BY DEFENDANT AARON NIGRO AS AN ADULT INDIVIDUAL AND BY DEFENDANT AARON NIGRO IN HIS CAPACITY AS A CONSTABLE AGAINST PLAINTIFF WINTERS 46. Previous paragraphs are incorporated by reference as if fully set forth herein. 47. Defendant Nigro did touch Plaintiff Winters without her consent, when. he was not privileged to do so, or was acting outside the scope of any privilege he may claim. 48. Said touching, in the form of cuffing, grabbing, shoving, pulling, and holding caused Plaintiff Winters injuries to his wrists, arms, shoulders, legs, and the rest of her body. 49. As a direct and proximate result of the actions of Defendant Nigro, Plaintiff Winters feared serious bodily harm or even death. 50. Plaintiff Winters suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Defendant Nigro's actions, which will be proven at trial. 51. The actions of Defendant Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fee against Defendant Nigro as an individual and in his capacity as a Constable. COUNT II FALSE IMPRISONMENT / ARREST BY DEFENDANT AARON NIGRO AS AN ADULT INDIVIDUAL AND BY DEFENDANT AARON NIGRO IN HIS CAPACITY AS A CONSTABLE AGAINST PLAINTIFF WINTERS 52. Previous paragraphs are incorporated by reference, as if more fully set out herein. 53. Plaintiff Winters was handcuffed by force and against her will. 54. Plaintiff Winters was detained against her will, and was not allowed to go free. 55. The handcuffing of Plaintiff Winters by force constituted a false arrest and/or false imprisonment. 56. At the time Plaintiff Winters' movements were restrained, Nigro was not privileged to hold or restrain Plaintiff or was acting outside the scope of any privilege he had. 57. Plaintiff Winters suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Nigro's actions, which will be proven at trial. 58. The actions of Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiff Winter's respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a Constable. COUNT III 42 USC 1983 ACTION AGAINST DEFENDANT AARON NIGRO AS AN ADULT INDIVIDUAL AND DEFENDANT AARON NIGRO IN HIS CAPACITY AS A CONSTABLE BY PLAINTIFF WINTERS 59. Previous paragraphs are incorporated by reference, as if fully set out herein. 60. Nigro was a Constable for the South Middleton Township at the time. 61. Nigro was an employee of the County of Cumberland, was a Constable at the time, and this action is brought under 42 USC Section 1983. 62. Nigro was acting under state authority as a constable for Cumberland County in the State of Pennsylvania. 63. Alternatively, Nigro was acting under his authority, and in his capacity as an State Constable at the time.. 64. Nigro was acting with authority vested in him by South Middleton Township, The Commonwealth, and the County of Cumberland, subdivisions of the Commonwealth of Pennsylvania, and thus was acting under color of state law. 65. Nigro, in the course of his employment, by his actions previously described, did deprive Plaintiff Winters of her rights and protections under the United States Constitution, including the 4t' Amendment, the 10 Amendment, the Due Process Clause, and the 8`h Amendment. 66. Plaintiff Winters suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Nigro's actions, which will be proven at trial. 67. The actions of Defendant Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable. COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSED BY DEFENDANT AARON NIGRO AS AN INDIVIDUAL AND AARON NI RO IN HIS CAPACITY AS A CONSTABLE BROUGHT BY PLAINTIFF WINTERS. 68. Previous paragraphs are incorporated herein by reference, as if fully set out herein. 69. Defendant Nigro used excessive force on Plaintiff Winters. 70. Defendant Nigro's actions were extreme and outrageous. 71. Defendant Nigro dragged a woman out of her house while she was not fully dressed. 72. Defendant Nigro's conduct went beyond all possible bounds of decency. 73. Plaintiff Winters suffered tremendous stress, embarrassment and sever emotional distress which will be proved at trial. 74. Defendant Nigro's conduct intentionally or recklessly caused the injuries to Plaintiff Winters. WHEREFORE, Plaintiff Winters respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable. COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSED BY DEFENDANT AARON NIGRO AS AN INDIVIDUAL AND AARON NIGRO IN HIS CAPACITY AS-A CONSTABLE BROUGHT BY PLAINTIFF K.W.. 75. Previous paragraphs are incorporated herein by reference. 76. Plaintiff K.W. watched Defendant Nigro act in an extreme and outrageous manner. 77. Plaintiff K.W. watched Defendant Nigro point a gun at his mother, then handcuff her, and forcibly drag her to a car while she was half dressed. 78. Defendant Nigro's conduct went beyond all possible bounds of decency. 79. Plaintiff K.W. suffered tremendous stress, embarrassment and sever emotional distress which will be proved at trial. 80. Defendant Nigro's conduct intentionally or recklessly caused the injuries to Plaintiff K.W. WHEREFORE, Plaintiff K.W. respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable. Dated: 5(123kt Respectfully submitted, ROMINGER & ASSOCIATES incent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717 241-6878 Supreme Court ID # 206671 Attorney for Plaintiffs MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Newville Borough Police Department 23 West Big Spring Avenue Newville, PA 17241 Attention: Chief of Police Cumberland County Board of Commissioners c/o David P. Karamessinis, Esquire William J. Ferren & Associates 1500 Market Street, Suite 2920 Philadelphia, PA 19102-2100 Pennsylvania Attorney General's Office c/o Daniel R. Goodemote, Esquire 15th Floor, Strawberry Square Harrisburg, PA 17120 Aaron Nigro c/o John Flounlacker, Esquire THOMAS, THOMAS & HAFER P.O. Box 999 Harrisburg, PA 17108 Newville Borough Council 4 West Street Newville, PA 17241 Dated: ?/ 6t Respectfully submitted, ROMINGER & ASSOCIATES y Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiffs VERIFICATION Vincent M. Monfredo, Esquire, states that he is the attorney for, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 2-3? Vincent M. Monfredo, Esquire Attorney for Plaintiffs -3 FM MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVQ,LE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08 - 6321 : JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the attached Verification to the Complaint which was filed by my office on April 23, 2009, in the above captioned case. Date: May 5, 2009 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff 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: S /0? Margaret Winters CAF THE PRO-r`? 'NC WRY 2009 MAY -5 PSI 3: 3'G PENNY ANA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff V. AARON NIGRO, an adult individually; and CIVIL ACTION - LAW AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his NO. 08-6321 capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant, Aaron Nigro's Preliminary Objections to Plaintiffs' Complaint. 2. Identify counsel who will argue case: (a) for plaintiff: Vincent M. Monfredo, Esquire, Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 (b) for defendant: John Flounlacker, Esquire, Thomas, Thomas & Hafer, LLP P.O. Box 999, Harrisburg, PA 17108-0999; (c) for defendant: David Karamessinis, Esquire, William J. Ferren & Associates 1500 Market Street Suite 2920, Philadelphia, PA 19102; (d) for defendant: Daniel R. Goodemote, Office of Attorney General, Torts Litigation Section, 15th Floor, Strawberry Square, Harrisburg, PA 17120. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 14, 2009. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: n Flounlacker, Esquire Attorney I.D. # 73112 Scott D. McCarroll, Esquire Attorney I.D. No. 92985 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Date: (717)237-7134 v CA JAL OF A VM%ARY 2009 SEP -8 PM 2: 22 John Flounlacker, Esquire Scott D. McCarroll. Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendant, Aaron Nigro MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff V. AARON NIGRO, an adult individually; and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6321 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT AARON NIGRO TO PLAINTIFFS' COMPLAINT And now, comes Defendant Aaron Nigro, by and through his counsel, Thomas, Thomas & Hafer, LLP, and files these Preliminary Objections to Plaintiffs' Complaint, and states as follows: 1. On October 24, 2008, Plaintiffs Margaret Winters (hereinafter "Plaintiff Winters") and K.W., a minor, filed suit against Defendant Aaron Nigro, a constable, among other defendants, arising out of the October 26, 2006 arrest of Plaintiff Winters.' (Complaint, ¶5). A true and correct copy of the Complaint is attached hereto as Exhibit A. 1 On April 23, 2009, Plaintiffs granted Defendant Nigro an extension to file his Preliminary Objections to Plaintiffs' Complaint. 1 2. Plaintiff K.W. is the son of Plaintiff Winters.2 3. Plaintiff Winters makes claims for assault and battery (Count I), false imprisonment and false arrest (Count II), alleged violations of 42 U.S.C. §1983 arising from alleged violations of the Fourth, Eighth, and Fourteenth Amendments (Count III), and intentional infliction of emotional distress (Count IV). 4. Plaintiff K.W. makes a claim for intentional infliction of emotional distress. (Count V). 5. On July 17, 2006, Plaintiff was issued a "Notice of Impending Warrant of Arrest". A true and correct copy of the Notice of Impending Warrant of Arrest is attached hereto as Exhibit B. 6. On October 25, 2006, a bench warrant was issued for the arrest of Plaintiff Winters. A true and correct copy of the Bench Warrant is attached hereto as Exhibit C. 7. Plaintiff Winters was arrested and presented to Magisterial District Judge Manlove the next day, October 26, 2006, and committed. A true and correct copy of the Arraignment and Preliminary Hearing Notice is attached hereto as Exhibit D. A true and correct copy of the Commitment form is attached hereto as Exhibit E. 8. Plaintiff Winters was found in contempt and sentenced to a term of imprisonment and fined, but Plaintiff Winters appealed to this Honorable Court. A true and correct copy of the "Notice of Appeal of Summary Criminal Conviction" is attached hereto as Exhibit F 9. This Honorable, by Order of January 23, 2007, vacated the sentence of incarceration, but required Plaintiff Winters to pay fines and the cost of prosecution. A true and correct copy 2 Given the standard and scope of review of Preliminary Objections, the facts are stated as plead in the Complaint, without admission or adoption of the same by Defendant Nigro. Bourke v. Kazaras, 2000 Pa. Super. 29, 746 A.2d 642, 643 (Pa. Super. 2000). 2 of the Order of the Court of Common Pleas of Cumberland County, dated January 23, 2007, is attached hereto as Exhibit G. 10. Plaintiffs claim that on October 26, 2006, Plaintiffs were at their home when Plaintiff Winters heard a loud banging on her door. (Complaint, ¶¶6-7). 11. Plaintiff Winters did not immediately answer the door. (Complaint, ¶8). 12. Plaintiff Winters, apparently making visual contact with Defendant Nigro, observed a man standing at her door. (Complaint, ¶10). 13. Defendant Nigro is claimed to have continued to pound on Defendant Winters' door. (Complaint, ¶11). 14. Eventually, Plaintiff Winters asked Defendant Nigro to identify himself. (Complaint, ¶12). 15. Defendant Nigro allegedly responded "Let me in." Id. 16. Notably, Plaintiff Winters claims that she observed Defendant Nigro's dress as casual clothing and a baseball cap. (Complaint, ¶10). 17. On closer examination, however, Plaintiff Winters admits that Defendant Nigro had a badge hanging from his neck. (Complaint, ¶17). 18. Plaintiff Winters then admits to attempting to "get a better look," and opened the door. (Complaint, ¶14). 19. Plaintiff Winters claims that Defendant Nigro, gun in hand, ordered Plaintiff out of the house. (Complaint, ¶¶14-15). 20. Plaintiff Winters claims that at the time, she was wearing pajamas, having recently taken a shower. (Complaint, ¶19). 3 21. According to Plaintiff Winters, Defendant Nigro then grabbed Plaintiff Winters' arm, placed it behind her back, and handcuffed her. (Complaint, ¶22). 22. Plaintiff Winters claims that the handcuffs were extremely tight. (Complaint, ¶22). 23. Plaintiff Winters asked Defendant Nigro to loosen the handcuffs because "her right wrist was throbbing and beginning to bruise." (Complaint, ¶38). 24. At that time, Defendant Nigro loosen the handcuffs at Plaintiff Winters' request. (Complaint, ¶29). 25. Defendant Nigro did not permit Plaintiff Winters to change clothing or obtain possession of certain medication. (Complaint, ¶¶36-37). 26. Defendant Nigro informed Plaintiff Winters that she was being arrested on a bench warrant. (Complaint, ¶35). 27. Plaintiff K.W. allegedly witnessed the arrest of his mother. (Complaint, ¶¶76-77). PRELIMINARY OBJECTION I DEMURRER 28. The above paragraphs are incorporated herein as if set forth at length. 29. Plaintiff Winters' claims, pursuant to state law and the Fourth and Fourteenth Amendment, fail to state a claim because Defendant Nigro arrested Plaintiff Winters on a facially-valid bench warrant, and Defendant Nigro is entitled to quasi-judicial immunity and qualified immunity. PRELIMINARY OBJECTION II DEMURRER 30. The above paragraphs are incorporated herein as if set forth at length. 4 31. Plaintiff Winters' false arrest claim is barred by the doctrine enunciated in Heck v. Humphrey because her underlying conviction has not been called into question. PRELIMINARY OBJECTION III DEMURRER 32. The above paragraphs are incorporated herein as if set forth at length. 33. Plaintiff s claims for false arrest pursuant to 42 U.S.C. §1983 and state-law claims for false arrest fail to state a claim because Defendant Nigro had probable cause to arrest Plaintiff Winters. PRELIMINARY OBJECTION VI DEMURRER 34. The above paragraphs are incorporated herein as if set forth at length. 35. Plaintiffs' claims for intentional infliction of emotional distress should be dismissed because being arrested is not "outrageous conduct" within the meaning of such a claim. WHEREFORE, Defendant Aaron Nigro respectfully requests that this Honorable Court sustain Defendant Nigro's Preliminary Objections and dismiss Plaintiffs Margaret Winters and K.W.'s claims and Complaint against him with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: John Flounlacker, Esquire Attorney I.D. # 73112 Scott D. McCarroll, Esquire Attorney I.D. #92985 P.O. Box 999 305 N. Front Street / Harrisburg, PA 17108-0999 Date: (717)237-7134 5 08-24-'09 09:54 FROM-ROMINGER & ASSOC 7172416878 T-424 P002/011 F-362 MARGARET WINTERS, and I.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVEL,LE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • C? r.e CIVIL ACTION - LAW NO: 08 - 6321 ' i e JURY TRIAL DEMANDED NOTICE 7?.'rr . 77 1 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. . TRUE COPY FROM RECORD In Tostin'iony whereof, I here unto set my hand Pennsylvania Bar Association r3nd the seal of said court at Carlisle, Pa. 100 South Street, P.O. Box 186 Harrisburg, PA 17108 Geis • . s...... • day o J- tu?w/i . P7 1-800-692-7375 ::....... ........... ... _ Prothonotary AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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. 08-24-'09 09:54 FROM-BOMINGER & ASSOC 7172416878 T-424 P003/011 F-362 MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants CIVIL ACTION - LAW NO: 09 - 6321 JURY TRIAL DEMANDED COMPLAINT And now comes Plaintiffs, MARGARET WINTERS AND IC.W., by and through their attorney Vincent M. Monfredo, Esquire, and avers in support of his complaint as follows: INTRODUCTION This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983 and the Fourth and Fourteenth Amendments to the United States Constitution and the Due Process Clause. 2. It is alleged that Aaron Nigro made an unreasonable seizure of Margaret Winters, violating her rights under the Fourth and Fourteenth Amendments to the United States Constitution, as well as the Due Process Clause, and that Aaron Nigro assaulted, battered, and falsely imprisoned Margaret Winters. 08-24-'09 09,54 FROM-ROMINGER & ASSOC 7172416878 T-424 P004/011 F-362 PARTIES I Plaintiff, Margaret Winter (hereinafter Winters) is an adult individual living . 4. Plaintiff, K.W. is a minor 5. Defendant Aaron Nigro (hereinafter, "Nigro") is an adult individual, believed to be residing at 107 Spruce Avenue, Carlisle, PA, and at all times relevant was a Constable for Cumberland County, and at all times acting under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs and usages of the Commonwealth of Pennsylvania and/or the County of Cumberland. FACTS 6. On or about October 26, 2006, Plaintiff Winters was home with her son K. W. 7. Winters was preparing for a job interview and heard a loud banging on the door which scared her son awake 8. Winters lived in a secluded area of the woods and was not expecting anyone. 9. Winters looked out of her window and noticed a car hidden behind the bushes. 10. Winters saw a man standing at her door wearing a baseball cap and casual clothes. 11. The man continued to pound on her door. 12. Winters asked who he was and he replied, "Let me in." 13. Winters opened the door to get a better look. 14. When Winters opened the door the man was pointing a gun at her while K.W. stood next to her. 15. The man then began screaming "Get out of the house! Get out of the house now!" 16. The man still did not identify himself. IT Winters then noticed a badge around his neck. 08-24-'09 09;54 FROM-BOMINGEB & ASSOC 7172416878 T-424 P005/011 F-362 18. The man doing these actions was Constable Aaron Nigro (hereinafter Nigro), the defendant. 19. Winters had just got out of the shower and asked to change her clothes, because she was just wearing pajamas. 20. Nigro then forcibly grabbed Winters by the arm. 21. Nigro forced Winters' arms behind her back. 22. Nigro then handcuffed Winters' hands together at an extremely tight setting. 23. Winters was crying the entire time. 24. K.W. stood there watching the entire time. 25. Winters believed she was being kidnapped. 26. Winters kept asking what was going on. 27. Finally, Nigro told her that she owed fines. 28. Nigro the kept pushing on her wrist and pulling her arms up. 29. Winters then screamed for her son, K.W. to call 911 and tell them she was being kidnapped. 30. Nigro then started dragging Winters to his car. 31. Winters screamed for K.W. to get the license plate number. 32. Winters continued to scream for help as Nigro dragged her to his car. 33. Nigro then said, "Go ahead and scream, who is going to hear you way out here." 34. Winters then noticed another man in Nigro's car and was overcome with fear for her life. 35. Finally, Nigro said she was being arrested on a bench warrant, but offered no explanation as to why. 08-24-'09 09;55 FROM-ROMINGER & ASSOC 7172416878 T-424 P006/011 F-362 36. Winters then asked if she could get some jeans and a medication, Lorazapam, that she was required to take. 37. Nigro did not allow this. 38. Winters then asked Nigro if he would loosen the handcuffs, because her right wrist was throbbing and beginning to bruise. 39. Nigro did loosen them. 40. Nigro, Winters, and the unknown man then sat there and waited for someone to pick up K.W. 41. A relative was arranged to come pick up K.W_ 42. Nigro responded, "Well, it's a race between you and child welfare. Whoever gets here first gets the kid." 43. K. W . heard this immediately began to cry. 44. The relative came and picked up K.W. 45. Nigro then tools Winters to jail. COUNTI ASSAULT & BATTERY BY DEFENDANT AARON NIGRO AS AN ADULT INDIVIDUAL AND BY DEFENDANT AARON NIGRO IN HIS CAPACITY AS A CONSTABLE AGAINST PLAINTIFF WINTERS 46. Previous paragraphs are incorporated by reference as if fully set forth herein. 47. Defendant Nigro did touch plaintiff Winters without her consent, when-he was not privileged to do so, or was acting outside the scope of any privilege he may claim. 48. Said touching, in the form of cuffing, grabbing, shoving, pulling, and holding caused Plaintiff Winters injuries to his wrists, arms, shoulders, legs, and the rest of her body. 08-24-'09 09;55 FROM-ROMINGER & ASSOC 7172416878 T-424 P007/011 F-362 49. As a direct and proximate result of the actions of Defendant Nigro, Plaintiff Winters feared serious bodily harm or even death. 50. Plaintiff Winters suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Defendant Nigro's actions, which will be proven at trial. 51. The actions of Defendant Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fee against Defendant Nigro as an individual and in his capacity as a Constable. COUNT II FALSE IMPRISONMENT / ARREST BY DEFENDANT AARON NIGRO AS AN ADULT INDIVIDUAL AND BY D NDANT AAR N NIGRO IN HIS CAPACITY AS A CONSTABLE AGAINST PLAINTIFF WINTERS 52. Previous paragraphs are incorporated by reference, as if more fully set out herein. 53. Plaintiff Winters was handcuffed by force and against her will. 54. Plaintiff Winters was detained against her will, and was not allowed to go free. 55. The handcuffing of Plaintiff Winters by force constituted a false arrest and/or false imprisonment. 56. At the time Plaintiff Winters, movements were restrained, Nigro was not privileged to hold or restrain Plaintiff or was acting outside the scope of any privilege he had. 57. Plaintiff Winters suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Nigro's actions, which will be 08-24-'09 09:55 FROM-ROMINGER & ASSOC 7172416878 T-424 P008/011 F-362 proven at trial. 58. The actions of Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiff Winter's respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a Constable. COUNT III 42 USC 1983 ACTION AGAINST DEFENDANT AARON NIGRO AS AN ADULT INDIVIDUAL AND DEFENDANT AARON NIGRO IN HIS CAPACITY AS A CONSTABLE BY PLAINTIFF WINTERS 59. Previous paragraphs are incorporated by reference, as if fully set out herein. 60. Nigro was a Constable for the South Middleton Township at the time. 61. Nigro was an employee of the County of Cumberland, was a Constable at the time, and this action is brought under 42 USC Section 1983. 62. Nigro was acting under state authority as a constable for Cumberland County in the State of Pennsylvania. 63. Alternatively, Nigro was acting under his authority, and in his capacity as an State Constable at the time.. 64. Nigro was acting with authority vested in him by South Middleton Township, The Commonwealth, and the County of Cumberland, subdivisions of the Commonwealth of Pennsylvania, and thus was acting under color of state law. 65. Nigro, in the course of his employment, by his actions previously described, did deprive Plaintiff Winters of her rights and protections under the United States 08-24-'09 09:55 FROM-ROMINGER & ASSOC 7172416878 T-424 P009/011 F-362 Constitution, including the O Amendment, the 14`h Amendment, the Due Process Clause, and the 8d` Amendment. 66. Plaintiff Winters suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Nigro's actions, which will be proven at trial. 67. The actions of Defendant Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable. COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSED BY 68. Previous paragraphs are incorporated herein by reference, as if fully set out herein, 69. Defendant Nigro used excessive force on Plaintiff Winters. 70. Defendant Nigro's actions were extreme and outrageous. 71. Defendant Nigro dragged a woman out of her house while she was not fully dressed, 72. Defendant Nigrro's conduct went beyond all possible bounds of decency. 73. Plaintiff Winters suffered tremendous stress, embarrassment and sever emotional distress which will be proved at trial. 74. Defendant Nigro's conduct intentionally or recklessly caused the injuries to Plaintiff Winters. 08-24-'09 09;55 FROM-BOMINGER & ASSOC 7172416878 T-424 P010/011 F-362 WHEREFORE, Plaintiff Winters respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable. COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSED B Y DEFENDANT AARON NIGRO AS AN INDIVIDUAL AND AARON NIGRO IN HIS CAPACITY AS-A CONSTABLE BROUGHT BY PLAINTIFF K.W.. 75. Previous paragraphs are incorporated herein by reference. 76. Plaintiff K.W. watched Defendant Nigro act in an extreme and outrageous manner. 77. Plaintiff K.W. watched Defendant Nigro point a gun at his mother, then handcuff her, and forcibly drag her to a car while she was half dressed. 78. Defendant Nigro's conduct went beyond all possible bounds of decency. 79. Plaintiff K.W. suffered tremendous stress, embarrassment and sever emotional distress which will be proved at trial. 80. Defendant Nigro's conduct intentionally or recklessly caused the injuries to Plaintiff K.W. 08-24-'09 09;56 FROM-ROMINGER & ASSOC 7172416878 T-424 P011/011 F-362 WHEREFORE, Plaintiff K.W. respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable. Dated: Z ?t Respectfully submitted, ROMINGER & ASSOCIATES incept A Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717 241-6878 Supreme Court ID # 246671 Attorney for Plaintiffs Rug.27 2009 11:38 Magisterial District Cour COMMONWEALTH OF PENNSYLVANIA 4-ni lwirv rnr-• CUMXRLAM 09-3-04 MR1 Nome: Mon. TROKM A. PLACEY Ate: 104 8 SPOS.TI>N(i HILL HD ][XCHAEIC88URGI PA TetaProna: (717) 761-8230 17050 TSOXAS A. PLACaT 104 S SPO]RTIIM HILL JM Xneff ]RICI3arita, PA 17050 717-737-6779 p.2 NOTICE OF IMPENDING WARRANT OF ARREST COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS IWINTE28, KAMIE 436 SIOUZ DRI"VZ IC821MQ, PA 17050 L J Docket No.: NT-0000056-04 Date Filed: 1/23104 Char-ge(s)• 1 24 513-1333 ISAI VIOLATIOM OF CO111tPULOORT ATTZEDARM 'i= PARIMT, ETC TO THE DEFENDANT: You have: 1. entered a guilty plea by mail and the money forwarded with the plea is less than the amount of fine and costs specified in the citation or summons; OR 2. been sentenced to pay restitution, a fine, or costs and have defaufted on the payment; OR Fines: F910.00 Costs: $37.50 Restitution: 4.00 Total --W3-F947.50 Paid to Date: $815.50- Adjustments to Date: _ S.00 Case Balance $3,132.00 3. in your absence, been tried and sentenced to pay a fine and costs, and the collateral deposited by you is less than the amount of fine and costs imposed, or the issuing authority imposes a sentence of restitution. In accordance with Pa.R.Crim.P.430 and 455, you are hereby being notified that failure to pay the full amount due or to for your forrespa?nt determination hearing within 10 days dil this notice may result in the issuance of a warrant If you have any questions, please call this office immediately. 71!L7106 Date My commission expires first Mor DATE PRINTED 7/17 AOPC A418-05 Aug 27 2009 11:38 Magisterial District Cour 717-737-6779 p.3 ?Qp COMMONWEALTH OF PENNSYLV;. N7 county ot: c.'u"zxa-&mL MAeg. Dist. Na: 09 - 3 - 04 MQI Names Hon.: T$OK&S A PLACSY Address: 104 S SPORTIM BILL RD MZCHAZXCSBUW,PA 17050 reisphone (717) 761-8230 BENCH WARRANT Commonwealth of Pennsylvania Vs. NAME and ADDRESS r- WINTlZRIV , MAMIZ 436 SIOUX DRIVa L] ZCBAHICODU1RO, PA 17050 Citation No: Docket No: MT-0000056-0 NCIC OFF: Date Filed: 1/23/04 OOC: OTN:. J .Warrant Control No: 09-3-04_IiltK-0198625-2006 Issued For: VXXTAM, >IIA00IE Reason for Warrant: FAILURE TO 111 = PAINEXT Charge(s): 24 513-1333 gla, VIOLATION OF CoNpVLSO>RY jLTTWWA3= 161=4 PAR=lrj1z"4_ TO POLICE OFFICER: In the name of the Commonwealth of Pennsylvania, you are commanded to take the defendant, U32ITZKO, KLQGIS into custody. When the defendant Is taken into custody, either (a) accept a signed guilty plea and the full amount of fines and costs, (b) accept a signed not guilty plea and the full amount of collateral, (c) accept the amount of resititution, fine and costs due following a guilty plea or. conviction, or. d) 11 unable to pay, promptly take defendant for a hearing on the bench warrant as provided in Pa.R.Crim.P. 431(C)(3). r Witness the hand and official seal of the' uing authority on this ZJ day o ,, ??ietch wp? .. .? y ( ignature) ., oun require o-satis sentence o roes an WSW. AOPC 417X-O6. 1LAfi. DIST. JODtii 19 mbw DATE PRIATEDs 10/25/06 s Fine: 3,077.42 Costs: 29.'58 Others: Total: J, 31.07 . 0 Amount needed for collateral: 2s21t01. PU J Aug 27 2009 11:39 Magisterial District Cour 717-737-6779 p.4 BENCH WARRANT RETURN-WHERE DEFENDANT FOUND By E4 hority of this warrant, on ° 2U I accepted a guilty plea and collected $, for fine and costs. f? faccepted a NOT guilty plea and collected $ for collateral. [] 3.aczapted the fine and costs due In the. amount of $ 0 1 took into custody the within named and he/she is 0 before you for disposition, in the Prison: RETURN WHERE DEFENDANT IS NOT FOUND After careful search, I cannot find the within named defendant. r_ ianature o Police Offi - Name an Title) I DEFENDANT CONTACT INFORMATION . DEFENDANT IDENTIFICATION INFORMATION: 'T . .. v can rac ng Number c a ecur um Der 510(b e e an m er 000-00-0000 Driver's License License tate Expiration Date Information Number P]? 08/00./0D Plate Number a e m gls r Ion IC er gmm a .- n C oo Von. e. . 40 /00.00 AGE RACE ETH GENDER NIC;ITY EYE COLOR HAI LOR DA E I HT(Ibe) HEi HT (FUIn , 00, I 000 Extradition ode / Description Distance Aug 27 2009 11:40 Magisterial District Cour 717-737-6779 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND rd.pia wW District Numbs UJ- 1 -UA DimwgjudaeFi ma:Hon. Robert V. Manlove Addraw 1901 State Street Camp Hill PA 17011 r.uoewn. (717) 761-0583 Date Filed: v*q OTN: IgIA- CHARGES:( & [J _ .S ?? ? ? 13--133 P.5 ARRAIGNMENT and PRELIMINARY HEARING NOTICE j COMMONWEALTH OF PENNSYLVANIA VS. r NAME and ADDRESS { ` `4 Jt . Lft?aj. 7 I PRELIMINARY ARRAIGNMENT NOTICE At the preliminary arraignment you will be given a copy of the criminal complaint that has been filed against you. In addition you will be advised of the right to counsel, preliminary hearing and bail will be set. A date, time and place will be fixed for your preliminary hearing and you will be given a reasonable opportunity to post bail. If not posted, you will be c mm' ed according to law.. Preliminary Arraignment held on ?/ at 3 ; 4 I', ? before Magisterial District Judge Manlove. PRELIMINARY HEARING NOTICE A complaint has been filed charging you with-the offense(s) set forth above and in the copy of the criminal complaint that you have been given. A preliminary hearing on these charges has been set as listed below. At the preliminary hearing you may: 1. Be represented by an attorney; [If you can not afford to hire an attorney, one may be appointed to represent you. if you are requesting an appointed attorney the aApplication For The Assignment Of Counsel" must be completed and returned to the Court.] 2. Cross-examine witnesses and inspect physical evidence offered against you; 3. Call witnesses on your own behalf, other than to testify to your good reputation only, offer evidence on your own behalf and testify; 4. Make written notes of the proceeding, or have your counsel do so, or make a stenographic, mechanical or electronic record of the proceedings. If you have any questions please contact the Magisterial District Court listed below. A PRELIMINA Y FARING ON THE ABOVE CHARGES IS SCHEDULED FOR: DATE: U1110 C. 09-3-04 [Placey] PLACE: 104 S. Sporting Hill Road TIME: ?4 rez 8 Mechanicsburg,, PA 17050 If you fail to appear for the preliminary hearing as listed,"r rrant will be issued for your arrest. STRICT COURT: (Date) (Magi erial trtt Judge) SEAL If you are disabled and require reasonable accommodation to gain access to the Magisterial DWVI services, please contact the Court listed above. The Court is unable to provide transportation. Aug 27 2009 11:41 Magisterial District Cour 717-737-6779 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MapistoNg Did" Nufftsr OGI-1-02 oevic,judo N.m.: Hon. Robert V. Manlove Aadrow: 1901 State Street Camp Hill PA 17011 Tnbphww: (717) 761-0583 Docket No.: Date Filed: 7j OTN: P.6 COMMITMENT i COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS 3 L,NJ opo T Cf. CHARGES: 67 ?&-? 2-q 13-/33 cAc TO ANY A FIORIZED PERSON of the County of Cumberland. Commonwealt of Pennsvlvania: You are hereby commanded to convey and deliver into the custody of the Warden of Cumberland County Prison the above named defendant. You, the Warden are required to receive the defendant into your custody to be safely kept by you until discharged by due course of law for: Z A Hearing iat: Date: It/ /0(,. Magisterial District Court 09-3-04 [Placey] Time: 104 S. Sporting Hill Road O AL I, Mechanicsburg, PA 17050 ? COMMON PLEAS COURT ACTION: ? OTHER: CURRENT AMOUNT OF BAIL: ??V. d TYPE: IMDJ Court use only] CONDITIONS OF BAIL [if any]: qte? REASON FOR COMMITMENT: Witness my hand and official seal this day of 00 Robert V. Manlove MDJ SEAL My commission expires the first Monday of.January, 2012 IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Maggie Winters 60A Glendale Drive Mechanicsburg, PA Zip 17050 Signature Name and Address of District Justice: Thomas A. Placey 104 S. Sporting Hill Road Mechanicsburg, PA Zip 17050 Magisterial District No. 09-3-04 Decision of District justice: 70 nays, 7mpri comment -f er nen payment of east s & frlae$ Date of Decision 11 /8/06 Compulsory Attendance Req. Name and mailing address of officer as shown on citation or complaint Cumberland Valley School 6746 Carlisle Pike Mechanicsburg, PA 17050 District Justice Docket No. NT-56-04 Citation No. If sentence includes fine and costs, amount of which paid: $840.50 c:; r' V Type or amount of bail fumished to,District jUltice, if any: c-n $840 50 -n .--- - - Name and A ress of Attorney: r- (signa (print name) Linda S. Hollinger One Court House Square (address) Carlisle, PA Zip 17013 Phone: 240-6285 Atty.I.D.# 74442 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Cleric of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter, Offense(s) Appealed § 24 913-1333 §§A1 Violation_ of v ri nPir nc r rm IDTC COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CP-21-SA-0190-2006 APPEAL FROM SUMMARY CHARGE: VIOLATION OF COMPULSORY ATTENDANCE AFFIANT: RONALD AUDO CP-21-SA-0189-2006 APPEAL FROM SUMMARY `-' CHARGE: VIOLATION OF COMPULSORY ATTENDANCE MAGGIE WINTERS AFFIANT: RONALD AUDO IN RE: APPEAL OF DEFENDANT SUSTAINED ORDER OF COURT AND NOW, this 23rd day of January, 2007, this utter having been called for hearing on appeal of the defendant from the sentence of the Magisterial District Judge to a term of imprisonment, by agreement her appeal is sustained in both of the captioned cases and the sentence of incarceration is vacated. Sentence of the court at 0189-2006 is that the defendant pay the costs of prosecution and a fine in the amount of $882.50. Sentence of the court at 0190-2006 is that the defendant pay the costs of prosecution and a fine in the amount of $3,107.00. This matter is referred to the Cumberland County Collections Department for the purpose of having the defendant enter into a schedule for the making of regular payments on account of sums due. A TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand andrrtt a eal of sai u t Carlisle, P This 2 f .20 1 By the Court, Kevi A. Hess, J. k COMMONWEALTH V. MAGGIE WINTERS Michelle H. Sibert, Esquire Assistant District Attorney Linda Hollinger, Esquire Assistant Public Defender DJ Placey Probation :bg 1 Lk #7 R CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 David Karamessinis, Esquire William J. Ferren & Associates 1500 Market Street Suite 2920 Philadelphia, PA 19102 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 THOMAS, THOMAS & HAFER, LLP J J 'e L. Kawalec Dated: ! ?? /? OF THE P"'7 i WT",Y 2009 SEP -8 Pik 2: ? 2 MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS PENNSYLVANIA Guardian, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED PETITION TO REMOVE DEFENDANTS FROM ACTION PURSUANT TO A STIPULATION AND NOW, comes Plaintiffs by and through their attorney, Vincent M. Monfredo and avers as follows: 1. Plaintiff filed a Writ on or about October 24, 2008. 2. Plaintiff then filed a Complaint on or about April 23, 2009. 3. Plaintiff then mailed to all Defendants a stipulation, for all to sign separately, which would remove all defendants, except for Aaron Nigro, as an adult individual, and Aaron Nigro, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania. 4. A copy of each separate and signed stipulation is attached. 5. Exhibit "A" is signed by David Karamessinis, Esquire, attorney for the Cumberland County Board of Commissioners and Plaintiff's undersigned counsel. 6. Exhibit "B" is signed by Daniel R. Goodemote, Esquire, attorney for the State of Pennsylvania and Plaintiffs undersigned counsel. 7. Exhibit "C" is signed by Richard L. Webber, Jr., Esquire, attorney for both the Newville Police Department and the Newville Borough Council and Plaintiffs undersigned counsel. 8. Counsel for Aaron Nigro, John Flounlacker, Esquire has not returned such stipulation. 9. Attorney Flounlacker has not responded to any requests to return the stipulation. 10. Petitioner respectfully requests that the stipulation be enforced without the signature of Attorney Flounlacker. 11. Petitioner, in trying to meet a statute of limitations, added any party who was believed to be relevant to the lawsuit at the time. 12. Petitioner does not wish to consume any more time or resources of those defendants. 13. Petitioner requests a rule be issued to show why the stipulation should not be enforced. 14. No Judge has yet heard any part of this case, but Defendant Nigro, represented by Attorney Flounlacker did file preliminary objections (not involving this stipulation) on or about September 3, 2009 and they are currently scheduled to be heard at argument court on October 14, 2009. WHEREFORE, Petitioner respectfully requests that this Honorable Court remove the following parties as Defendants in the action: Newville Bureau Police Department, the County of Cumberland, the Newville Borough Council, the State of Pennsylvania, and Aaron Nigro in his capacity as a Police Officer for the Newville Bureau Police Department. Petitioner respectfully requests that this Honorable Court keep Aaron Nigro as an adult individual and Aaron Nigro in his capacity as a Constable for the South Middleton Township, Cumberland County, State of Pennsylvania as Defendants in the matter. Dated: o Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717 241-6878 Supreme Court ID # 206671 Attorney for Plaintiffs MARGARET Wi'NiTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants FN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08 - 6321 JURY TRIAL DEMANDED STIPULATION TO REMOVE PARTIES FROM ACTION AND NOW, comes Vincent M. Monfredo, Esquire, John Flounlacker, Esquire, David P. Karamessinis, Esquire, Attorney for the Newville Borough (misspelled Bureau on Caption) . Police Department, Attorney for the Newville Borough Council and Daniel R. Goodemote, Esquire, stipulating to remove the following defendants from the above titled action without prejudice: 1. Newville Bureau Police Department 2. County of Cumberland 3. Newville Borough Council 4. The State of Pennsylvania This stipulation may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same stipulation. a PETI'TIONER'S W EXHIBIT J IQ J? J Q SO STIPULATED this '2F day of 4 r , 2009 between: Vincent M. Monfredo, Esquire Attorney for Newville Police Department ............. avid P. Karamessinis, Esquire Attorney for Newville Borough Council Daniel R. Goodemote, Esquire MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 JURY TRIAL DEMANDED STIPULATION TO REMOVE PARTIES FROM ACTION AND NOW, comes Vincent M. Monfredo, Esquire, John Flounlacker, Esquire, David P. Karamessinis, Esquire, Attorney for the Newville Borough (misspelled Bureau on Caption) Police Department, Attorney for the Newville Borough Council and Daniel R. Goodemote, Esquire, stipulating to remove the following defendants from the above titled action without prejudice: 1. Newville Bureau Police Department 2. County of Cumberland 3. Newville Borough Council 4. The State of Pennsylvania This stipulation may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same stipulation. a PETITIONER'S 0 EXHIBIT In SO STIPULATED this!. day of 2009 between: Vincent M. Monfredo, Esquire David P. Karamessinis, Esquire Attorney for Newville Police Department cpw?,2 bafiiel R. Goodemote, Esquire Attorney for Newville Borough Council MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED STIPULATION TO REMOVE PARTIES FROM ACTION AND NOW, comes Vi`nc/ent M. Monnfredo, Esquire, John Flounlacker, Esquire, David P. Karamessinis, Esquire, Attorney for the Newville Borough (misspelled Bureau on Caption) Police Department,?t?tt-brney for the Newville Borough Council and Daniel R. Goodemote, Esquire, stipulating to remove the following defendants from the above titled action without prejudice: 1. Newville Bureau Police Department 2. County of Cumberland 3. Newville Borough Council 4. The State of Pennsylvania This stipulation may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same stipulation. a PETITIONER'S w EXHIBIT Ul SO STIPULATED this 2? day of 2009 between: incent M. Monfredo, Esquire David P. Karamessinis, Esquire Attorney for Newville Police Department Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Attorney for Newville Borough Council Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Daniel R. Goodemote, Esquire MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO, in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08 - 6321 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of this Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Newville Borough Police Department 23 West Big Spring Avenue Newville, PA 17241 Attention: Cumberland County Board of Commissioners c/o David P. Karamessinis, Esquire William J. Ferren & Associates 1500 Market Street, Suite 2920 Philadelphia, PA 19120-2100 Pennsylvania Attorney General's Office c/o Daniel R. Goodemote, Esquire 15th Floor, Strawberry Square Harrisburg, PA 17120 Aaron Nigro c/o John Flounlacker, Esquire THOMAS, THOMAS & HAFER P.O. Box 999 Harrisburg, PA 17108 Newville Borough Council 4 West St. Newville, PA 17241 Dated: 110 I` !® By-.l/ r -- Vincent M. Monfredo, Esquire Rominger & Associates 155 S. Hanover St. Carlisle, PA 17013 Supreme Court ID - 206671 Attorney for Plaintiffs Z039 CC1 _8 FS-1 S: CUV, _ 1 ate. OCT oy2W9 ? MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, guardian, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO in his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and the COUNTY OF CUMBERLAND, and the NEWVILLE BOROUGH COUNCIL, and THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08 - 6321 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this L ?ay of ® , 2009, a Petition to Remove Defendants from Action Pursuant to a Stipulation having been filed by the Plaintiff, it is hereby granted and the following Defendants are removed from the action: Aaron Nigro in his capacity as a Police Officer of the Newville Bureau, the Newville Bureau Police Department, the County of Cumberland, the Newville Borough Council, and the State of Pennsylvania. By the Court: Distribution: ?hlewville Borough Police Department Newville Borough Council 23 West Big Spring Avenue 4 West St. Newville, PA 17241 Newville, PA 17241 Attention: Chief of Police ./Cumberland County Board of Commissioners Vincent Monfredo, Esquire c/o David P. Karamessinis, Esquire Rominger & Associates William J. Ferren & Associates 155 S. Hanover St. 1500 Market Street, Suite 2920 Carlisle, PA 17013 Philadelphia, PA 19120-2100 Co I ? rna.? J. John Flounlacker, Esq. Thomas, Thomas, Hafer PO Box 999 Harrisburg, PA 17108 ?PA Attorney General's Office Daniel Goodemote, Esq 15`x' Floor Strawberry Squre Harrisburg, PA 17120 _ EiLEC-:' i ! %! r O THE 2009 OC'- 12 P 12: 18 MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, Guardian, Plaintiff V. AARON NIGRO, an adult individually; And AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO In his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and The COUNTY OF CUMBERLAND, and The NEWVILLE BOROUGH COUNCIL, And THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6321 CIVIL ACTION - LAW 0 JURY TRIAL DEMANDED 00 w IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this 25th day of February, 2010, upon consideration of the Preliminary Objections filed by Defendant Aaron Nigro to Plaintiff's complaint, the briefs filed by the parties, and after argument: IT IS HEREBY ORDERED AND DIRECTED 1. Defendant's Preliminary Objection to Count I, Plaintiff's failure to state a claim due to qualified and quasi-judicial immunity is OVERRULED. 2. Defendant's Preliminary Objection to Count II, Plaintiff's false arrest claim is SUSTAINED. Count II of Plaintiff's Complaint is DISMISSED. 3. Defendant's Preliminary Objection to Count III, Plaintiff's 42 U.S.C. §1983 action based on any claim for false arrest and false imprisonment is SUSTAINED, however Defendant's Preliminary Objection to Plaintiff's 42 U.S.C. §1983 action based on claims of excessive and/or unreasonable force used in the arrest is OVERRULED. 4. Defendant's Preliminary Objections to Count IV and Count V, Plaintiffs' claim of intentional infliction of emotional distress are OVERRULED. Xt nt M.Monfredo, Esquire he Plaintiffs ohhn Flounlacker, Esquire Scott McCarroll, Esquire For the Defendant ?v? gs M,a(LZCL By the Court, 14?1 E6A? M. L. Ebert, Jr., J. 2 MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS, Guardian, Plaintiff V. AARON NIGRO, an adult individually; And AARON NIGRO, in his capacity as a Police Officer of the Newville Bureau Police Department and, AARON NIGRO In his capacity as a Constable for South Middleton Township, Cumberland County, State of Pennsylvania, and the NEWVILLE BUREAU POLICE DEPARTMENT, and The COUNTY OF CUMBERLAND, and The NEWVILLE BOROUGH COUNCIL, And THE STATE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6321 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT ORDER AND OPINION OF COURT Ebert, J. February 25, 2010 - Defendant requests that this Court sustain his Preliminary Objections to Plaintiff's Complaint and dismiss the complaint with prejudice. After considering the pleadings, this Court overrules Defendant's objections in part and sustains them in part. FACTS AND BRIEF PROCEDURAL HISTORY This action arises out of an event that occurred on October 26, 2006, at the home of Plaintiffs Margaret Winters (hereinafter "Plaintiff') and her minor son K. W.1 Defendant Aaron Nigro (hereinafter "Defendant"), a state constable, appeared at the door of Plaintiff's secluded home "wearing a baseball cap and casual clothes ,2 Defendant pounded on the door multiple 1 Compl. ¶ 6. 2 Compl. ¶ 8, 10, 18. 3 times.3 When Plaintiff inquired as to whom he was, Defendant replied, "Let me in."4 As Plaintiff began to open the door, Defendant pointed a gun at her yelling, "Get out of the house! Get out of the house now !,,5 Plaintiff then noticed a badge around Defendant's neck.6 Plaintiff requested to change her clothes because she was in her pajamas, but Defendant refused and handcuffed Plaintiff "at an extremely tight setting. ,7 Defendant "started dragging" Plaintiff to his car.8 Plaintiff screamed for K.W. to get Defendant's license plate number and to call 911 to tell them she was being kidnapped.9 Defendant commented "Go ahead and scream, who is going to hear you way out here.s10 Plaintiff then saw another man in Defendant's car. 11 Defendant told Plaintiff that she was being arrested on a bench warrant for fines, but offered no other explanation as to the basis of the warrant. 12 Plaintiff requested to get other clothing and her medication, but Defendant refused her request. 13 Defendant did submit to Plaintiff's request to have the handcuffs loosened. 14 Defendant then stated, "Well, it's a race between you and child welfare. Whoever gets here first gets the kid."15 A relative came to pick up K.W. while Defendant, Plaintiff, and the other man waited in the driveway. 16 Plaintiff was then transported to jail. 17 3 Compl. ¶ 11. 4 Compl. ¶ 12. 5 Compl. ¶ 14, 15. 6 Compl. ¶ 17. 7 Compl. ¶ 19, 22. 8 Compl. ¶ 30. 9 Compl. ¶ 29, 31. 10 Compl. ¶ 33. 11 Comp l. ¶ 34. 12 Comp l. ¶ 27, 35. 13 Compl. ¶ 36, 37. 14 Compl. ¶ 38, 39. 15 Compl. ¶ 42. 16 Compl. ¶ 40, 41, 44. 17 Compl. ¶ 45. 4 The pertinent procedural history begins with Plaintiff's Complaint, filed on April 23, 2009. Two months later, on June 23, 2009, after receiving no responsive pleading from Defendant, Plaintiff, through her counsel, granted Defendant a final extension of thirty days to file an Answer or Preliminary Objections. 18 Defendant's Preliminary Objections in the nature of a demurrer were not filed until September 8, 2009. Defendant's Brief in Support of Preliminary Objections was subsequently filed on September 9, 2009. Plaintiff's Brief in Opposition of Defendant Aaron Nigro's Preliminary Objections was submitted on October 9, 2009. Argument before this Court was held on October 14, 2009. DISCUSSION I. General Law A. Timely Filing of Preliminary Objection This Court notes the Defendant's lack of timely filing. Defendant filed Preliminary Objections 138 days after Plaintiff's Complaint was filed, and 47 days after the Plaintiff graciously granted him a 30 day extension. Pa. R. Civ. P. 1026 requires that preliminary objections must be filed within twenty days. As this was not done, this Court would be well within its discretion to strike Defendant's Preliminary Objections in toto. However, since this rule is permissive and not mandatory, this Court may use its discretion to consider the preliminary objections despite Defendant's significant delay in filing. Weaver v. Martin, 655 A.2d 180 (Pa. Super. 1995). This Court finds that the late filing will not prejudice the Plaintiff. Accordingly, we will not strike the Preliminary Objections but continue with the analysis of Defendant's Preliminary Objections on the merits. 18 Pl.'s Br. at 3 B. Standard of Review A demurrer should be sustained only if the plaintiff has failed to make out a cognizable cause of action. Shulick v. PaineWebber, Inc., 700 A.2d 534, 535 (Pa.Super.1997). Facts from the complaint are admitted as true, as are reasonable inferences from the complaint. Wawa Inc. v. Alexander J. Litwornia & Associates, 817 A.2d 543, 544 (Pa. Super. 2003)(quoting Price v. Brown, 545 Pa. 216, 221 (1996). To sustain a demurrer, a court must determine that the law says with certainly that no recovery is possible. Id. If there is any uncertainty, the demurer should be overruled. Id. II. Applicable Law and Analysis A. Quasi-Judicial Immunity and Qualified Immunity Defendant's first objection is that Plaintiff's claims, pursuant to state law and the Fourth and Fourteenth Amendment fail to state a claim because Defendant arrested Plaintiff on a facially valid arrest warrant and Defendant is entitled to quasi-judicial immunity and qualified immunity. Defendant, as a Pennsylvania State Constable, is correct in asserting that he is entitled to immunity while executing a facially valid bench warrant. Officers who act in their professional capacity have qualified immunity if their conduct is not a violation of statutory or constitutional rights. Armstead v. Township of Upper Dublin, 347 F. Supp. 2d 188, 193 (E.D. Pa. 2004). However, claims of excessive force by officers while effectuating a warrant void qualified immunity and should be analyzed using a reasonableness standard under the Fourth Amendment. Graham v. Connor, 490 U.S. 386, 394 (1989). When determining if the qualified immunity is void, this Court must accept as true all factual allegations in the complaint. Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc., 171 F.3d 912, 919 (3rd Cir. 1999). While qualified immunity is an objective question decided as a matter of law by the 6 court, it is for the jury to determine the historical facts related to the question of qualified immunity. Armstead, 347 F. Supp. 2d at 193. Accepting the facts pled in the complaint as true, it would appear that a claim of excessive force is made out. Clearly there is some uncertainty as to this issue and accordingly this Court finds that as a matter of law Defendant's demurrer cannot be sustained. As such, the fact finder should be the one to determine whether or not excessive force was used. B. False Imprisonment/Arrest Defendant's second objection is that Plaintiff's False Imprisonment/Arrest claim is barred by the doctrine enunciated in Heck v. Humphrey, 512 U.S. 477 (1994), because her underlying conviction has not been called into question. 19 The Court notes that Plaintiff has waived her arguments regarding the False Arrest/False Imprisonment claims (Count II of Plaintiff's Complaint).20 Therefore, Defendant's Preliminary Objection to Count II is sustained and Count II is dismissed. C. 42 U.S. C. V983 Action Defendant's third objection is somewhat obscure. In essence the nature of the objection is stated as follows: 33. Plaintiff's claim for False Arrest pursuant to 42 U.S.C. § 1983 and state law claims for False Arrest fail to state a claim because Defendant Nigro had probable cause to arrest Plaintiff Winters. In reality, Count III of the Plaintiff's complaint is a § 1983 action against Defendant Nigro for violating Plaintiff's Constitutional rights under the 4t1i, 14t1i, and Stn Amendment of the United States Constitution in his capacity as a government agent acting under color of state law. A fair reading of the text of Count III does not limit the Plaintiff's claims to matters arising solely out of "False Imprisonment/Arrest". Defendant, in his brief attempts to limit the § 1983 19 Defendant's Brief in Support of Preliminary Objections, 11. 20 Plaintiff's Brief in Opposition of Defendant's Preliminary Objections, 9. claim to the parameters of False Arrest, but Plaintiff argues that the gravamen of her complaint is not whether the arrest was authorized by law, but rather that the arrest was accomplished by excessive force which constituted unreasonable seizure. As such, Defendant's third preliminary objection will be sustained only as to the claim based on False Imprisonment/False Arrest. Defendant's Preliminary Objection to Plaintiff's Count III, based on excessive or unreasonable force used by the Defendant in making the arrest is overruled. D. Intentional Infliction of Emotional Distress Defendant's fourth and final objection is that Plaintiff and K.W.'s claims for Intentional Infliction of Emotional Distress should be dismissed because being arrested is not "outrageous conduct" within the meaning of such a claim .21 For a plaintiff to recover for intentional infliction of emotional distress, four elements should be met: "(1) the conduct must be extreme and outrageous; (2) it must be intentional or reckless; (3) it must cause emotional distress; (4) that distress must be severe." Hoy v. Angelone, 691 A.2d 476, 482 (Pa. Super. 1997). Similar to the issue of qualified immunity, all well-pled facts from the complaint must be taken as true. Based upon the facts pled at this point, this Court cannot say with certainty that no recovery for intentional infliction of emotional distress is possible. A typical lawful arrest cannot support a claim for intentional infliction of emotional distress. Here, however it cannot be said, admitting as true the facts and reasonable inferences drawn from the complaint, that the Defendant's actions constituted a typical lawful and reasonable arrest. As such, this is yet again a question for the fact finder. It is for the jury to decide - based upon the facts testified to at trial - whether Defendant's actions rise to the level of outrageous conduct sufficient to support a claim of intentional infliction of emotional distress. Accordingly, the following order shall be entered: 21 Defendant's Brief in Support of Preliminary Objections, 12. 8 r 4 ORDER OF COURT AND NOW, this 25`h day of February, 2010, upon consideration of the Preliminary Objections filed by Defendant Aaron Nigro to Plaintiff's complaint, the briefs filed by the parties, and after argument: IT IS HEREBY ORDERED AND DIRECTED that: 1. Defendant's Preliminary Objection to Count I, Plaintiff's failure to state a claim due to qualified and quasi-judicial immunity is OVERRULED. 2. Defendant's Preliminary Objection to Count II, Plaintiff's false arrest claim is SUSTAINED. Count II of Plaintiff's Complaint is DISMISSED. 3. Defendant's Preliminary Objection to Count III, Plaintiff's 42 U.S.C. §1983 action based on any claim for false arrest and false imprisonment, is SUSTAINED, however Defendant's Preliminary Objection to Plaintiff's 42 U.S.C. §1983 action based on claims of excessive and/or unreasonable force used in the arrest is OVERRULED. 4. Defendant's Preliminary Objections to Count IV and Count V, Plaintiffs' claim of intentional infliction of emotional distress are OVERRULED. By the Court, M. L. Ebert, Jr., J. Vincent M. Monfredo, Esquire For the Plaintiffs John Flounlacker, Esquire Scott McCarroll, Esquire For the Defendant 9 MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS Guardian, Plaintiff vs. AARON NIGRO, an adult individual, Et. Al Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a -; =ell CIVIL ACTION - LAW rv c :NO: 08 - 6321 TJURY TRIAL DEMANDED MOTION TO DISCOUNTINUE PLAINTIFF K.W.'S CLAIM AGAINST DEFENDANT FROM ACTION AND NOW, comes Margaret Winters and K.W. a minor, Plaintiffs by and through their counsel, Vincent M. Monfredo, Esquire and in support of their Motion to Discontinue Plaintiff K. W. 's Claim Against Defendant From Action avers as follows: 1. The above captioned action was instituted by a Writ of Summons being filed on October 24, 2008. 2. A Complaint was subsequently filed on or around April 23, 2009. 3. Defendant filed Preliminary Objections on or around September 8, 2009. 4. Argument was held on the Preliminary Objections on October 14, 2009. 5. The Honorable M. L. Ebert, Jr., entered an Order on February 25, 2010 denying part of the Preliminary Objections and granting parting of the same. 6. A settlement has been reached between Plaintiff Margaret Winters and Defendant. 7. After research and discussions with Plaintiffs, it is believe Plaintiff K. W.'s claim of intentional infliction of emotional distress would not be successful against Defendant. 8. Undersigned Counsel believes he could not go forth with K. W.'s claim alone on good faith. 9. Attorney Flounlacker, representing the Defendant, has been contacted and he concurs with this Motion and in the conclusion that the claim by K.W. would not be successful. WHEREFORE, Plaintiff K.W. respectfully requests that this Honorable Court discontinue his claim against Defendant Nigro. Date: March 31, 2010 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiffs MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS Guardian, Plaintiff vs. AARON NIGRO, an adult individual, Et. Al Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Discontinue Plaintiff K. W.'s Claim Against Defendant From Action upon the following by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: John Flounlacker, Esquire Thomas, Thomas, & Hafer PO Box 999 Harrisburg, PA 17108 Respectfully submitted, Rominger & Associates Date: May 25, 2010 Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing P Iition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: S4q'16 Y,,a? Margaret Winters As Parent and Guardian of K.W. a minor MAY 2 8 two MARGARET WINTERS, and K.W. a minor, by MARGARET WINTERS Guardian, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08 - 6321 AARON NIGRO, an adult individual, Et. Al Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 1S'( day of SOAC , 2010, a Motion to Discontinue K. W's Claim Against Defendant From Action having been filed by the Plaintiffs, Plaintiff's request is hereby granted and Plaintiff K.W. and Plaintiff K. W.'s Claim Against Defendant is removed from the action. By the Court: 11 Distribution: I J n _. Vincent M. Monfredo, Esquire r John Flounlacker, Esquire > ltd ?? MARGARET WINTERS, and : IN THE COURT OF COMMON PLEAS OF K.W. a minor, by MARGARET WINTERS : CUMBERLAND COUNTY, PENNSYLVANIA Guardian, Plaintiff vs. AARON NIGRO, an adult individual, Et. Al Defendants : CIVIL ACTION - LAW :NO: 08 - 6321 : JURY TRIAL DEMANDED o co t r t? PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above captioned action with prejudice. Respectfully submitted, Rominger & Associates Date: / ;- 2-6 °/ D Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff