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HomeMy WebLinkAbout09-2105, - WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. South St. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Plaintiff Cumberland County Pennsylvania vs No. U 9 - ?2 / 0155 Tom. JULIO SANCHEZ Defendant Civil Action Law YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, Pa. 17013 717-240-6200 DATE: MARCH /'(o , 2009 ILLIAM A. ADDAMS, ESQUIRE vs Plaintiff Cumberland County Pennsylvania Noa 9- -2 / c? 5' Cu 7-e,- . WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. South St. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 JULIO SANCHEZ Defendant Civil Action Law COMPLAINT AND NOW, comes the Plaintiff, Bernadett Bryson, by her attorney, William A. Addams, and files the following complaint. 1. The plaintiff is Bernadett Bryson, an adult individual residing in Harrisburg, PA 2. The defendant is Julio Sanchez, an adult individual residing at 209 91' St., New Cumberland, PA 3. The plaintiff is the owner of a 2008 Chevy Trailblazer, which at about 9:30 AM on November 21, 2008, was being operated by Shyrone Johnson traveling north in the right lane on Cameron Street approaching the intersection with Cumberland Road in Harrisburg, PA. 4. At the same time the defendant was also driving a vehicle north on Cameron Street in the left lane beside the plaintiff when he negligently and carelessly swerved into the right lane causing he plaintiff to swerve to her right and collide with the curb resulting in he damages hereinafter set forth. 5. The defendant was negligence and careless in: a. Unsafely changing lanes; b. Failing to have his vehicle under control; b. Failing to observe the plaintiff's vehicle. k. , -% 6. As a result of the defendant's negligence and carelessness, the plaintiff's vehicle sustained damage in the amount of $9,892.56 and she incurred $845.38 in rental expense. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $10,737.94 plus interest and costs, an amount within the juridiction of arbitration under the local rules of court. ?y William A. Addams Attorney for Plaintiff S . VERIFICATION Bernadett Bryson hereby verifies that the facts set forth in the foregoing compliant are true and correct to the best of his knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March . 2009 /,& , Bern ett Bryson OF 2gi App -3 pM 2' 33 cu p fVA 0 7f to Ci,,r-- .3 yap fi w Sheriffs Office of Cumberland County R'Thomas Kline ?$rxtr ofulNbrr?'t'v4 . Edward L Schorpp Sff Solicitor i Yr•; Ronny Anderson Jody S Smith Chief Deputy c "` C? T.,- s?tERIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/08/2009 04:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2009 at 1620 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Julio Sanchez, by making known unto Cruc Sanchez, wife of defendant, at 209 9th Street, Apt. 1, New Cumberland, Cumberland County, Pennsylvania, 17070, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.72 SO ANSWERS, April 09, 2009 R THOMAS KLINE, S ERIF Deputy Sheriff Docket NO. 2009-2105 Fernadett Bryson v Julio Sanchez FILED-€::i- c;F OF THE, ?" ARY .. 2009 APR 2 7 AN f#: 3 4 CUM, ??' ' f "0 ? GIN!"L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BERNADETT BRYSON, Plaintiff NO. 09-2105 V. JULIO SANCHEZ, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Spinello, Quinn & Stengel as attorney of record on behalf of the Defendant in the above captioned action. EAGER, SPINELLO, QUINN & STENGEL DATE: OLI ? 10q BY: George H. Eage , squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 f CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire 43 West South Street P.O. Box 261 Carlisle, PA 17013 EAGER, SPINELLO, QUINN & STENGEL DATE: 0 y 2 ?? BY: Geo a H. Ea quire Attorney for D ndant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 F LED4J?,-`( E ? TH1 -w,,?%- ? a.' ti" F , E P 2009 MAY - 9 N 11 : 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BERNADETT BRYSON, Plaintiff NO. 09-2105 V. JULIO SANCHEZ, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 3. Denied for lack of information. The Plaintiffs are not personally known to Answering Defendant and, accordingly, Paragraphs 1 through 3 can neither be admitted or denied. 4-6. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in his favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 7. Paragraphs 1 through 6 inclusive above are incorporated herein by reference and made a part hereof. 8. Plaintiffs recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and 1 Answering Defendant hereby assert all of the rights and defenses available to him under the aforementioned act. 9. Plaintiffs claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 10. Plaintiffs claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 11. Plaintiffs claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 12. Plaintiffs claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and 0) payment. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, SPINELLO, QUINN & STENGEL DATE: S 3 BY: George H. Eager, s uire Attorney for Defe nt I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, JULIO SANCHEZ, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. ???`?p gWn,cy22,Z JULIO SANCHEZ Dated: -? " CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire 43 West South Street P.O. Box 261 Carlisle, PA 17013 EAGER, SPINELLO, QUINN & STENGEL DATE: LAS 11(I BY: Es George H. EagerZe Attorney for DeI.D. No. 27740 1347 Fruitville Lancaster, PA 17601 (717) 290-7971 FILF_ILa _.,,,. ?p nr 2009 i 15 Fil12: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BERNADETT BRYSON, Plaintiff V. NO. 09-2105 JULIO SANCHEZ, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire 43 West South Street P.O. Box 261 Carlisle, PA 17013 EAGER, SPINELLO, QUINN & STENGEL DATE: L% BY: George H. Eag , Es ire Attorney for D fen nt I.D. No. 277 0 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 F! LED THE 2609 KAY 15 Fil i?: 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BERNADETT BRYSON, Plaintiff V. NO. 09-2105 JULIO SANCHEZ, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: William A. Addams, Esquire 43 West South Street P.O. Box 261 Carlisle, PA 17013 EAGER, SPINELLO, QUINN & STENGEL DATE:' 1?3 BY: G rge H. g , Esquire Attorney f fendant I.D. No. 40 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 F 1l..?4YY.. THE i ov 2099 hA ' 15 ll,] 12: !