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HomeMy WebLinkAbout10-1245- FLEQ-40- A=GE Tip- F, ,°,_nrtilTAgY 2010 FEB 23 f 2: 49 William P. Douglas, Esq. 7 Supreme Court LD. #37926 ly Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790 Miguel Vasquez and Beatriz Vasquez In the Court of Common Pleas of h/w Cumberland County, Pennsylvania Plaintiffs vs No. 2010 - l 2 YQr Civil Term Roberto Herrera Lopez 6509 Auburn Road Civil action law Riverdale, MD 20737 Jury Trial Demanded Defendant Praecipe to Issue a Writ of Summons Dear Mr. Buell: Please issue a writ of summons against the defendant, Roberto Herrera Lopez. William P. Dougl , Esq. Attorney for Pl 'ntiffs date: February 23, 2010 4'?zoo ?Cc e0 jv7 p4 Z -/9.?8 Commonwealth of Pennsylvania County of Cumberland Miguel Vasquez and Beatriz Vasquez h/w Plaintiffs vs In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2010 -1245 Civil Term 6509 Auburn Road Civil action law Riverdale, MD 20737 Jury Trial Demanded Defendant Writ of Summons Roberto Herrera Lopez To: Roberto Herrera Lopez 6509 Auburn Road Riverdale, MD 20737 You are hereby notified that Miguel Vasquez and Beatriz Vasquez have brought an action against you. date: February --?3 , 2010 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff Deputy Prothonotary 1 -I- ='il-Vi=i 2Clu .;~~ -1 ~ ~~E I?~ 9 DOUGLAS LAW OFFICE 43 WEST SOUTH STREET CARLISLE PA 17013 TELEPHONE 717-243-1790 Miguel Vasquez and h/h ~,j --,~ ~,. ~ WILLIAM P. DOUGLAS, ESQ. r i J ~ ,, ,, Supreme Court I.D.# 37926 Beatriz Vasquez, In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiffs vs Roberto Herrera Lopez Defendant NOTICE No. 1245 Civi12010 Civil action law Jury Trial Demanded 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 1.7013 (717) 249-3166 toll free (800) 990-9108 DATE: July 7, 2010 Complaint 1. The plaintiffs, Miguel Vasquez and Beatriz Vasquez, his wife, are adult individuals residing at 430 Manor Drive, New Oxford, Pennsylvania. 2. The defendant, Roberto Herrera Lopez, is an adult individual residing at Aunurn Avenue, Riverdale, Maryland. 3. On or about, February 23, 2008, the plaintiff, Miguel Vasquez, was a passenger in a vehicle being operated by the defendant which was headed in an Easterly direction on Red Hill Road, Oxford Township, Adams County, Pennsylvania 4. At about the same time and place, the defendant while operating his vehicle in the vicinity of the intersection with Hanover Street failed to yield to traffic lawfully in the intersection and proceeded to collide with the vehicle operated in a southerly direction on Hanover Street which was already in the intersection. 5. The impact occurred as a direct and proximate result of the defendant's negligence. 6. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to yield to traffic lawfully in the intersection; d) failing to obey traffic control devices; e) failing to operate his vehicle at a safe speed for condition. f) Failing to stop his vehicle before causing a collision Count 1 Miguel Vasquez v Roberto Herrera Lopez 7. The allegations in paragraphs 1 through 6 are incorporated herein and reference is made thereto. 8. As a direct and proximate result of the negligence of the defendant the plaintiff, Miguel Vasquez, was injured. His injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) injury to his right knee, left hip shoulder, cervical spine and lumbar spine; b) injury to his spine and supporting structures; c) various sprains /strains 9. As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of his injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 11. As a result of his injuries, the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained on February 23, 2008, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. 13. As a direct and proximate result of the negligence of the defendant the plaintiff was required to incur expenses not covered by automobile insurance. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Count 2 Beatriz Vasquez v Roberto Herrera Lopez 14. The allegations in paragraphs 1 through 13 are incorporated herein and reference is made thereto. 15. As a direct and proximate result of the injuries suffered by her husband the plaintiff, Beatriz Vasquez, hereby claims a loss of consortium as a result of her husband's injuries, in that, said injuries may have had a detrimental and substantial impact upon the marriage of the parties. Wherefore it is prayed that judgment be entered in favor of the plaintiffs and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. July 7, 2010 RespectfullQ~ submitted, `.- William P. Douglas, q. Attorney for Plainti s AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and / or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas Attorney for Plaintiffs Date: July 7, 2010 .~ fr:... ~^ l~vrr3 Pnt ~a~:~3 t .'~ ~ ~' ~~ i i--~. Miguel Vasquez and Beatriz In the Court of Common Pleas of Vasquez, :Cumberland County, Pennsylvania Plaintiffs v. No.2010-1245 Roberto Herrera Lopez Defendants :Civil Action Law Praecitie Please find enclosed our proof of service. Date: July 27, 2x010 f - William P. Douglas, Esq. 43 West South Street Carlisle, PA 17013 717-243-1790 u, Q r'~ f'r7 Posiage $ G' ~' ~ Certified Fee ~ ri Rsturn Receipt Fee (Endoroement Required) Postmark / Here ~ 0 Restricted Delivery Fee (Endoreement Requ{red) ~' p Total Poetape # FNS ~ /, ~ V ~ i'~ ~ T __ _~.__ . or ' Sox ... ........ ...... -------...----._..._ ens 1, 2, and 3. Also compote ° %~ i~O~c ~, ~i,~ a o 737 ° ee ~,,~ ~ to,rou. tho card to the back o1 the mailpiece, ~M- t;M the front H specq permits. t. AI~rls Addnsaad to: '~ ~9 ~ u 13un~/ ~~ ',~ o~~z~ ~ ~o a a: x pa-eaa nwne~ c. ~ a oalw.y- la delNery ecldreas different horn item 1? ~ Yea N YES, enter delivery address bebw: ~' ^ No ~~~,~,~ 2~ n. ~ ^ ~~~ lnaued snail 2. (T1ar>a1le.+F+orr, serriw n~a++- '~00 d /Co ~~ D d v/,~ ? 93 '7© ? s ~ F4Rm 3811, Felxtwry 200 crlonneric 11Mrn INoatpt ~oz5s~-n~-~sao ; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Miguel Vasquez and Beatriz Vasquez, h/w, Plaintiffs vs. In the Court of Common Pleas of Cumberland Country, Pennsylvania No. 2010-1245 Civil Term Roberto Herrera Lopez, Defendant Civil Action Law Jury Trial Demanded PRELIMINARY OBJECTION TO COMPLAINT FOR IMPROPER VENUE PURSUANT TO PA. R.C.P. 1028(a)(1) 1. C V ..JJ N As the Complaint reflects, this case is an action for personal injury damages by individual plaintiffs against an individual defendant arising from a motor vehicle accident. 2. As the Complaint reflects, the motor vehicle accident in question occurred in Oxford Township, Adams County, PA (Complaint, paragraph 3). 3. As the Complaint reflects, the Defendant resides in Riverdale, Maryland (Complaint, paragraph 2). 4. As the Proof of Service filed on behalf of the Plaintiffs reflects, the Defendant was served by certified mail in Riverdale, Maryland. 5. There is no proper basis for venue of this action in Cumberland County, PA (PA R.C.P. 1006). WHEREFORE, the Defendant respectfully requests that your Honorable Court sustain his Preliminary Objection and enter an Order dismissing this action or transferring it to Adams County, Pennsylvania where the cause of action arose. By KELLER, KELLER AND BECK, LLC "7otdi ?1/ Keller PA Supreme Court I.D. #25577 343-B South Potomac Street Waynesboro, PA 17268 (717) 762-3331 Attorney for Defendant CERTIFICATE OF SERVICE I, John N. Keller, Esquire, attorney for Defendant, certify that I served the foregoing Preliminary Objection upon the following persons at the following addresses, by depositing same in the United States mail, First Class postage prepaid: William P. Douglas, Esquire DOUGLAS LAW OFFICE 43 West South Street Carlisle, PA 17013 Date: KELLER, KELLER AND aEfK, LLC By _ Jan N,i K ter Pi?. Supreme Ct. I.D. #25577 343-B South Potomac Street Waynesboro, PA 1.7268 (717) 762-3331 Attorneys for Defendant cPC I a PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Miguel Vasquez and Beatriz Vasqu-e:L h/W 'laintf f s vs. Roberto Herrera Lopez Defendant ----------------------------------------------------- :In _f. r-rt s-r; z -o The Court of Commn Pleas Z"3:_' r > v :of Cumberland County . No. 2010-1245 Civil Term =C.) Civil Action-Law r- W Jury Trial Demanded -rs No. 1245 12010 1 erm 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's preliminary objection to the complaint c? --a M,-_ -rt C) c"a 5M D 2. Identify all counsel who will argue cases: (a) for plaintiffs: William P. Douglas, Esq., DOUGLAS LAW OFFICE, 43 West South Street, Carlisle, PA 17013 (b) for defendants: (Name and Address) John N. Keller, Esq., KELLER, KELLER AND BECK, LLC, (Name and Address) 343-B South Potomac Street, Waynesboro, PA 17268 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15. 2010 re hn N. Keller Print your name John N. Keller Attorney for Defendant Date: September 27, 2010 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. MIGUEL VASQUEZ and BEATRIZ VASQUEZ, h/w, Plaintiffs vs. ROBERTO HERRERA LOPEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1245 CIVIL JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTION OF THE DEFENDANT BEFORE HESS, P.J. AND MASLAND, J. ORDER AND NOW, this day of December, 2010, by stipulation, the preliminary objection of the defendant to venue is SUSTAINED and it is ordered and directed that this matter be transferred to Adams County, Pennsylvania. The cost of transfer to be paid by plaintiffs. BY THE COURT, Kevin A. ess, P. J. ,----William P. Douglas, Esquire For the Plaintiffs ./ John N. Keller, Esquire For the Defendant :rlm ( o v o-n r O (:)C*) vc rn C) J D ? Roxanne\Misc\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Miguel Vasquez and In the Court of Common Pleas of Beatriz Vasquez, h/w, Cumberland County, Pennsylvania Plaintiffs vs. Roberto Herrera Lopez, Defendant No. 2010-1245 Civil Term Civil Action Law Jury Trial Demanded STIPULATION NOW come the Plaintiffs, by their attorney, William P. Douglas, and the Defendant, by his attorney, John N. Keller, and stipulate that, as the motor vehicle accident in question in this case occurred in Adams County, Pennsylvania and the Defendant resides and was served in the State of Maryland, venue of this action is properly in Adams County, Pennsylvania and the action should be transferred to Adams County. By - OIL -.P% William P. Douglas, E tire Attorney for the Plai iffs KELLER, KELLER AND BECK, LLC By /Keller A Supreme Court I.D. #25577 343-B South Potomac Street Waynesboro, PA 17268 (717) 762-3331 Attorney for the Defendant