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Home My WebLink About04-1908 IN THE COURT OF Je~IftM~ COUNTY, CUMBERLAND COMMON PLEAS PENNSYI_ VAN I A No. (')1../ - 196~ l!;c.>i..L '-re.n.n.. C i v i I ACT i on - (X) Lel\' L ( ) Equity ANTHO,Y W. MARTINETTI CHERyL A. MARTINETTI 219 MOORE DRIVE HANOVER, PA 17331 JOSHUA J. JARZWYK CHATTEAU TERRACE APTS. 304 NORTH FAYETTE STREET AI'!. 406 SHIPPENSBURG, PA 17257 versUs Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR ~RIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Supreme Court (X )Sher i ff Wr i t of Summons sha I I be issued and f nwrded ANTHONY T. MCBETH c07 NORTH FRONT STREET, 1ST FL HARRT<;nTTRG, FA 17lnl (717) ?1R-%Rfi ..--- Names/Address/ Telephon No. of Attorney Date: 4-28-04 ~RIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S); YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF'S) HAS/HAVE ACTION AGAINST YOU. Date: {Jpn\t ~q ( ';)ry)t.j ~~~~. Prothonotary b~ LZ,Lh.P-,p, r~J/ Deputy ) Checx here if reverse is issued for addii-ional information ~ROTHON. - 55 IV R ~ ~ ~ ~ CI( ~ C 0 () }v _I ~ ()t (\u ~ r- 1 (') c. ;z,;;; ',.' :;L: ~ '" = = .r- :r>- " :;;.c.J "', ill o ., ~ i\'ip -(In, ~\)C.7 ~'~(:j --:r-,"j i::)~n ~"'~5~;~ -0 .'," (:'? eJ1 CO - LO__ .)..' ~ g SHERIFF'S RETURN - REGULAR CASE NO: 2004-01908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTINETTI ANTHONY W ET AL VS JARZWYK JOSHUA J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon JARZWYK JOSHUA J the DEFENDANT at 1955:00 HOURS, on the 30th day of April 2004 at CHATTEAU TERRACE APTS 304 N FAYETTE STREET APT 406 SHIPPENSBURG, PA 17257 by handing to CAMERON TOTEDO, ROOMMATE, 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 Service Affidavit Surcharge So ?~~ 18.00 13.80 .00 10.00 .00 41.80 R. Thomas Kline 05/03/2004 ANTHONY MCBETH Sworn and Subscribed to before me this /1 'CI" day of ~~ .l.oo,/ A.D. ""fJ...",t..-'.-NJ-L.- .-t,.- .Il'f'~ V Pro~honotaYy ,- By: ~~~ ANTHONY W. MARTlNETIl and CHERYL A. MARTINETTI, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 04-1908 CIVIL TERM JOSHUA J. JARZWYK, Defendant : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to derend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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 fuil 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 T ME THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Asso4:iation 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en !as paginas siguientes, usted tiene veinte (20) dias de p1azo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en fonna escrita sus defensas 0 sus objeciones a las medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 aJivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus Ilropiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IlENE AGOGADO 0 SI NO IlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA OR LLAME POR TELEFONO A LA OFICINA COY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 ANTHONY W. MARTINETTI and CHERYL A. MARTINETTI, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 04-1908 CIVIL TERM JOSHUA J. JARZWYK, Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Anthony W. Martinetti and Cheryl A. Martlnetti, adult individuals, married to each other and residing at 219 Moore Drive, Hanover, York County, Pennsylvania. 2. Defendant Joshua J. Jarzwyk is an aduh individual, who at the time of the auto accident that is the subject of this action was a student at Shippensburg University residing at 304 North Fayette Street, Apt. 406, Shippensburg, Cumberland County, Pennsylvania 3. Plaintiffs believe and therefore aver Defendant Jarzwyk's pennanent address is 75 Nightingale Lane, Levittown, Bucks County, Pennsylvania. 4. On November II, 2003, in the parking lot of the Facility Office Building on the campus of Shippensburg University in Shippensburg, Cumberland County, P,ennsylvania, Defendant caused his motor vehicle to strike Plaintiff Cheryl A. Martinetti, who was a pedestrian in the Facility Office Building parking lot, walking on her way to teach a class; the impact caused various injuries, which will be described below. COUNT - I - CHERYL A. MARTINETTI V, JOSHUA J. JARZWYK 5. The facts set forth in paragraphs one through four are incorporated herein by reference. 6. Plaintiffs believe and therefore aver that Defendant Joshua .Jarzwyk was negligent in causing the collision described above, and that he committed negligence per se in that his conduct violated various sections of Pennsylvania's Motor Vehicle Code, including Section 3714 thereof (careless driving) and Section 3361 thereof (driving too fast for conditions). 7. As a direct resuh ofthe collision, Plaintiff Cheryl A. Martilletti suffered various iJUuries to her left elbow, her head and fu.ce area and, most notably, to her left knee. 8. Plaintiffs believe and therefore aver that the driving of Defendant of Joshua 1. Jarzwyk as described above, was the legal cause of the damages that Plaintiffs have suffered, which will be further detailed below. 9. Plaintiff Cheryl A. Martinetti struck her head on the surnlce of the parking lot as a result of the collision, causing various difficulties with her vision and requiring opthalmological examination and replacement of corrective lenses. 10. With respect to her left knee, as a direct result of the collision, Plaintiff Cheryl A. Martinetti suffered various injuries most notably a tom medial meniscus. 11. As a result of the knee injury which was sustained because of the collision that is the subject of this action, Plaintiff Cheryl A. Martinetti requires multiple surgical procedures. 12. Plaintiff Cheryl A. Martinetti was also required to undergo extensive physical therapy as a resuh of her knee injury and missed an extensive amount of work in her capacity as a teacher for the South Western School District, during 2003.04 academic year. 13. As a direct result ofthe injury that is the subject ofthis action, Plaintiff Cheryl A. Martinetti has thus far incurred medical expenses of $20,143.75, more or less, of which $6,794.11 has been reimbursed. 14. Plaintiff Cheryl A. Martinetti may incur medical expenses in the future as a result of the injury 2 that is the subject of this action. 15. As a direct result of the injury that is the subject of this action, Plaintiff Cheryl A. Martinetti has incurred lost wages of$14,479.08, more or less, of which $5,000.00 have been reimbursed. 16. Plaintiff Cheryl A. Martinetti may incur lost wages in the future as a result of the injury that is the subject of this action. 17. Plaintiff Cheryl A. Martinetti experienced a great deal of pain and suffering as a result of the injuries that are the subject of this action, most notably with respect to her left knee. 18. Plaintiff Cheryl A. Martinetti was unable to put any weight on her left leg at all for a time as a direct result of the injury that is the subject of this action, limped for an appreciable time after she was able to put weight on her left leg and, as late as October, 2004, still has difficulty negotiating stairs because of the injury to her left knee 19. Plaintiff Cheryl A. Martinetti may continue to experience pain and suffering as a result of the injuries that are the subject of this action, possibly, according to medical reports, ultimately needing an artificial knee. 20. As a direct result of the injuries that are the subject of this action, Plaintiff Cheryl A. Martinetti has suffered inconvenience, loss of life's pleasures and hwniliation, and may continue to do so into the future. WHEREFORE, Plaintiff Cheryl A. Martinetti requests this Honorable Court to enter judgment in her favor and against Defendant Joshua J. Jarzwyk for an amount in excess of the Cumberland County arbitration limit of$25,000.00, together with interest, the costs of this action and any other relief the Court deems appropriate. 3 COUNT. 11- ANTHONY W. MARTINETTI V. JOSHUA J. JARZWYK 21. The fuets set forth in paragraphs one through twenty are: incorporated herein by reference. 22. Plaintiff Anthony W. Martinetti was married to Plaintiff Cheryl A. Martinetti as of November 11,2003, and is still married to her. 23. As a result of the various injuries and damages that Plaintiff Cheryl A. Martinetti has incurred because of the auto/pedestrian collision that is the subject of this action, Plaintiff Anthony W. Martinetti has suffered a loss of consortium or services ofhis wife, Plaintiff Cheryl A. Martinetti. 24. Plaintiff Anthony W. Martinetti may experience loss of the services or consortium ofhis wife, Plaintiff Cheryl A. Martinetti into the future as a result of thl: injuries that Plaintiff Cheryl A. Martinetti suffered in auto/pedestrian collision that is the subject of this action. WHEREFORE, Plaintiff Anthony W. Martinetti requests this Honorable Court to enter judgment inltis fuvor against DefendantJoshuaJ. Jarzwyk for an arnount in excess of the Cumberland County arbitration limit of$25,000.00. together with interest, the costs of this action and any other relief the Court deems appropriate. 25 I ~tM Attorney for . t 407 North Font St. First Floor Harrisburg, 0 I (717) 238-3686 Supreme Court I.D. # 53729 4 VERlFICA nON We, Anthony W. Martinetti and Cheryl A. Martinetti, Plaintiffs in the foregoing action, verify that the fuets set forth in the attached document are true and correct to the best of my knowledge, infonnationand belief. I so state subject to the penalties of18 Pa. C. S. ~4904 (relating to unsworn falsification to authorities). ~-~~ FEBRUARY 4. 2005 Date Anthony W. Martinetti FEBRUARY 4, 2005 Date rf)M~a. ~ artinetti ANTHONY W. MARTINETTI and CHERYL A. MARTINETTI, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PlaintiflS : CIVIL ACTION - LAW v. : NO. 04-1908 CIVIL TERM JOSHUA J. JARZWYK, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICt I, Anthony T. McBeth, Attorney for PlaintiflS, hereby certifY that 1 have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Joshua J. Jarzwyk 75 Nightingale Lane Levittown, P A 19057 ~ l"'~ ~ ( q __I , ~", ~ f\''; __.1 n , C-'\ - ---- Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-1908 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE ANTHONY W MARTINETTI and CHERYL A. MARTINETTI, Husband and Wife, v. \JOSHUA J. JARZWYK, Defendant TO THE PROTHONOTARY: Please mark the captioned action as discontinued with prejudice. /Jd U. flo5 , o ~~.~ ,......, = "", on ::r: :/.:7'"> -: o -n ..... -'r rn:D r -"CJrQ ~nC:) '_~J (:~ '~~':~~ -~-:::; -> c;:J ..< I N s~:: L=i c.n