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HomeMy WebLinkAbout10-3192 WILLIAM A. ADDAMS ATTY. I.D. # 06265 43 W. South St. P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 .,,~ Flu-i~~,~~j~~ ZOiO MAY t 4 PM { ~ 0$ PEPdi~l'l~~dir~ WILLIAM STONEBRAKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. Plaintiff VS. CIVIL ACTION LAW IVAN DEOLIVEIRA No. l~/' 3r'~~ ~~ ~ Defendant JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint 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 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 ' -~,." /~ William A. Addams Attorney for Plaintiff ~,~~ 31vo ~ IZ~?~~~.2 4~~ COMPLAINT AND NOW, comes the Plaintiff, William Stonebraker, by his attorney, William A. Addams, and files the following complaint. 1. The plaintiff is William Stonebraker an adult individual residing at 711 Gobin Drive, Carlisle, PA 17013-1512. 2. The defendant is Ivan Deoliveira, an adult individual residing at 19 Park Street, Mt. Holly Spring, PA 17065. 3. On April 27, 2009, the plaintiff was the owner of a 2006 Volkswagon Jetta, which he was driving at about 1 PM traveling East on State Route 174 in Monroe Township, approaching the intersection. with Lutztown. Road. 4. At that time, the defendant was traveling North on Lutztown Road and negligently and carelessly failed to obey the stop sign, entered the intersection causing the vehicles to collide. 5. The defendant was negligent and careless in: a. failing to stop or remain stopped for the stop sign; b. failing to yield the right of way; c. failing to observe the plaintiff's vehicle in time i:o avoid a collision; and d. failing to have his vehicle under control. 6. As a result of the negligence and carelessness of the defendant, the plaintiff's Jetta was a total loss. The vehicle had an actual cash value of $15,273.44, and a net salvage value of $1,203 for a loss of $14,57C1.44. 7. The defendant's insurance carrier has paid its $5,000 policy limit leaving a balance due of $9,570.44. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $9,570.44, plus interest and costs of suit, an amount with the jurisdiction of arbitration under the local rules of court. William A. Addams Attorney for the Plaintiff • . , r ~ • VERIFICATION William Stonebraker 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. iI 3 0~ Date William Stonebraker ~~~e. , LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 WILLIAM STONEBRAKER Plaintiff, v. IVAN DEOLIVEIRA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 10-3192 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE CLERK OF COURT: Please enter my appearance on behalf of the Defendant in the above captioned matter. Stephen J. H g, squire Attorney for Defendant 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 c~ o Date: ~~~ ~~ ~ ~r~` ~ r C„!7 ,t,. ~>L_ ~+. c,F ~ ~~ ~~ •~^Y L '~-i ~m ~-~ LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Defendant, hereby tify that I did on this day serve one true and correct copy of the ached Entry of Appearance To Plaintiff's Complaint by United States il, postage pre-paid, addressed to the following: William A. Addams 43 W. South Street P.O. Box 261 Carlisle, PA 17013 G/~//ia Attorney for Defendant 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 WILLIAM STONEBRAKER Plaintiff, v. IVAN DEOLIVEIRA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 10-3192 JURY TRIAL DEMANDED NOTICE TO PLEAD c ,~ ~~ n-~:, You are hereby notified to file a written response to the ~ ~- ~ ~"~ enclosed Answer with New Matter within twenty (20) days frorfF srvi > ~ .'~ SKr _lT. v~~ i hereof or a judgment may be entered agains you. i ~ ~~ s ~a G_ ~ ~`,t Date: Stephen J. H g ,Esquire Attorney for Defendant 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 r LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 WILLIAM STONEBRAKER Plaintiff, v. IVAN DEOLIVEIRA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 10-3192 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this 21ST day of June, 2010, comes the Defendant, Ivan DeOliveira, by and through his attorney, Stephen J. Hogg, Esquire, and respectfully file this Answer with New Matter to Plaintiff's Complaint dated May 14, 2010, and in support thereof aver as follows: ANSWER Defendant has no knowledge of this a{legation and demands proof thereof at trial. 2. Admitted. 3. Defendant has no knowledge of this allegation and demands proof thereof at trial. 4. It is admitted that the Defendant was going north on Lutztown Road at the time and date alleged but it is specifically denied that he was driving in a negligent or careless manner or that he failed to obey the stop sign. 5. All allegations are denied. 6. It is denied that the Defendant negligently and carelessly caused the Plaintiff's Jetta to be a total loss. It is further denied that the Plaintiff's Jetta had a cash value of $15,273.44. 7. It is admitted that the Defendant's insurance carrier has paid Plaintiff $5,000.00 for property damage but it is specifically denied that Plaintiff is due additional $9,570.44. Wherefore, the Defendant requests Judgment in his favor and against the Plaintiff. NEW MATTER 8. On April 27, 2009 at or about 1:00 p.m. prevailing time, the Plaintiff was traveling east on State Route 174 in Monroe Township, Cumberland County, Pennsylvania at an excessive rate of speed over the posted speed limit of 45 mph which excessive speed was the proximate cause or at least a contributing cause to the damage to Plaintiff's vehicle. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Wherefore, the Defendant requests Judgment in his favor and against the Plaintiff. Stephen J. Hogg„~squir Attorney for Defendant 19 S. Hanover Street, Ste. Carlisle, PA 17013 (717) 245-2698 Date: ~ ~ C~ 101 VERIFICATION I verify that the statements made in this Answer and New Matter to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. .I c~~_ t Date IAN DEOLIVEIRA LAW OFFICES OF STEPHEN J. NOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 . . . t , u LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Defendant, hereby ertify that I did on this day serve one true and correct copy of the ttached Answer With New Matter To Plaintiffs Complaint by United tates Mail, postage pre-paid, addressed to the following: William A. Addams 43 W. South Street P.O. Box 261 Carlisle, PA 17013 /~/uf//J Attorney for Defendant 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 1 ^• Y. i WILLIAM A. ADDAMS ATTY. I.D. # 06265 43 W. South St. P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 ,:;, ,, 'JF TNc F~~'~ ~ 'C~sr~,~?Y 2D10 J~f# 30 ~r~ IG~ ~'~ pr=AJj`v ~~'i_~IH~~1~'~ WILLIAM STONEBRAKER Plaintiff VS. NAN DEOLNEIRA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. CNIL ACTION LAW No. %U ~ 3/4a JURY TRIAL DEMANDED REPLY AND NOW COMES the Plaintiff William Stonebraker by his attorney, William A. Addams, and makes the following reply to the Defendant's Answer with New Matter. Paragraph 8 denied in accordance with PaRCP 1029(e). WHEREFORE the Plaintiff requests the new matter be dismissed. ~~ Wil iam A. ddams Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Reply has been mailed by U.S. Mail to counsel of record via first class mail, postage prepaid, this 3© day of June, 2010. Stephen J. Hogg, Esq. 19 S Hanover Street Carlisle, PA 17013 By v Willi A. Addams w/ hAyvi 5yDAle 7rAicrer In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. / 0 - 3i4 2- Z'yAnl 0 e fl / vci rA Defendant Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Co i tion of the United States and thg,Constitution of this Commonwealth and that we will discharge tof our office S D. 14V2 4e5 (Chairman) S?I ZMA?vN J-??tCJ LPG. Law Firm 35Y Al Pxa4r sP? f ° Address ,f,* t? ?, T C.? Signature 8060+ C', M aT Name Name tw,w Mce c?. e CmC,(- Law Firm 1+4 S . Hanover- S? N1 w PC Law Firm wo Cwkg k Pike. Address 64-to'U C 10 ?A l?01 City, zip city, zip /-2 X1.36 //?4-11., Award Address ?t?stc PA n ©l? City, Zip a`8c?a .r We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) _.-...Arbitrator. dissents. (Insert name if annlicable. Date of Hearing: 11 // $ ZO 10 Date of Award: 1 I e 20/ D ? - (Chairman) Notice v En of Award Now, the day of , 20_Li_, at 3 27 , R.M., the above award was entered upon the docket and notice :thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon -appeal: Ss5-6 . 1?.? By-,. 59MI I ALMU20M] Prothonotary Deputy ? FILED-OFFICE OF THE PROTHONOTARY 2010 NOY 18 PM 3: 27 "UMBERLAND COUNTY PENNSYLVANIA Lam, C WILLIAM A. ADDAMS ATTY. I.D. # 06265 43 W. South St. P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 WILLIAM STONEBRAKER Plaintiff VS. IVAN DEOLIVEIRA Defendant David Buell, Prothonotary Or' I FILED-OFFICE 2010 DEC 14 PM 2; 56 CUMBERLAND COUNTY PENNSYlyA?11," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. CIVIL ACTION LAW 2010-3192 No. JURY TRIAL DEMANDED PRAECIPE Sir: Please enter judgment on the Award of Arbitrators in favor of the Plaintiff in the amount of $9,570.44. Date: December 20, 2010 # 3WI 4Wilam A. dams C ? e? y3 ?G t' C? irGL& el