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HomeMy WebLinkAbout10-6252FILED-OFFICE OF THE PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOLLY ROBERTSON 2101 Mayfred Lane Camp Hill, PA 17011 Plaintiff Vs JAMES SEMPELES 3008 Market Street Camp Hill, PA 17011 AND DONEGAL INSURANCE 1195 River Road, PO Box 302 Marietta, PA 17547 Defendants 2010 SEP 30 PM 1: 0 CUMBERLAND COUNT`( PENNSYLVANIA . No. Ib- (P'1 2 l.: Zvi lTCrM Civil Action Personal Injury - Negligence PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to the Attorney. Susan K. Pickford, Esq. 875 Market Street Lemoyne, PA 17043 717-761-1274 SUSAN K. PICKTV Supreme Court ID # September 30, 2010 4U.60 P A tt^/ 0199(l P.* au898? a - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOLLY ROBERTSON 2101 Mayfred Lane Camp Hill, PA 17011 Plaintiff Vs JAMES SEMPELES 3008 Market Street Camp Hill, PA 17011 AND DONEGAL INSURANCE 1195 River Road, PO Box 302 Marietta, PA 17547 Defendants :WRIT OF SUMMONS . No. Civil Action Personal Injury - Negligence TO: JAMES SEMPLES AND DONEGAL INSURANCE Your are hereby notified that MOLLY ROBERTSON as commenced an action against you. DATE: September 30.0 2010 PROTHONOTARY BY Seal: t OF THE PRQIDHON TAf 1' COMMONWEALTH OF PENNSYLVANIA 2012 JAN -3 PM 1 04 COUNTY OF CUMBERLAND MOLLY ROBERTSON 2101 Mayfred Lane Camp Hill, PA 17011 Plaintiff Vs JAMES SEMPELES 3008 Market Street Camp Hill, PA 17011 AND DONEGAL INSURANCE 1195 River Road, PO Bog 302 Marietta, PA 17547 Defendants CUMBERLAND COUNTY PENNSYLVANfA . No. vi l? rn Civil Action Personal Injury - Negligence PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue the Writ of Summons in the above-captioned action. Writ of Summons shall be reissued and forwarded to the Attorney. Susan K. Pickford, Esq. 3400 Trindle Road Camp Hill, PA 17011 717-695-3294 SAN K. PICKf Supreme Court ID 43 January 3, 2012 -IS Pd a ??? )n3S CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon the persons, at the locations and in the manner indicated below. JAMES SEMPELES 3 008 Market Street Camp Hill, PA 17011 (certified mail) DONEGAL INSURANCE 1195 River Road, PO Box 302 Marietta, PA 17547 (certified mail) January 5, 2012 Pickford Law Office usan K. Pick-ford, , Esq. 3400 Trindle Road Camp Hill, PA 17011 717-695-3294 ID# 43093 F\FILES\Clients\3050 Donegal\3050.Current\3050.677\3050.677.pral Revised- 1/16/12 1146AM x;4. 1 r R0TFD0N) A R Y Daniel K. Deardorff, Esquire 2 ??N 17 A? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLA MARTSON LAW OFFICES CUMBERLAND COUNTY I.D. 17837 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MOLLY ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-6252 CIVIL ACTION - LAW JAMES SEMPELES and : DONEGAL INSURANCE, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of the Defendants in the above matter and issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. The Defendants hereby demand a twelve juror jury trial in the above captioned action. Dated: January 17, 2012 MARTSON LAW OFFICES Bye J1 ?'V Daniel K. Deardorff, A I.D. No. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants RULE AND NOW, this day of 2012, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. J)0-1J,'d, ?) Pt-ce ?/ Prothonotary I CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: MARTSON LAW OFFICES By Ami J. Thu a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 17, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r? J 6 Pit 2: 2 7 I! "S y 1- VA Ill it Molly L. Robertson vs. James Sempeles (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2010-6252 01/04/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Donegal Insurance, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Writ of Summons according to law. 01/05/2012 03:42 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2012 at 1542 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: James Sempeles, oy making known unto himself personally, at 3008 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. I AEL BARRICK, DEPUTY 01/17/2012 01:40 PNI - Lancaster County Return: And now January 17, 2012 at 1340 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Donegal Insurance by making known unto Christopher Noonan, Claims Supervisor for Donegal Insurance at 1195 River Road, Marietta, Pennsylvania 17547 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $68.44 January 20, 2012 SO ANSWERS, 2 " RON ~ R ANDERSON, SHERIFF MOLLY ROBERTSON 2101 Mayfred Lane Camp Hill, PA 17011 Plaintiff Vs JAMES SEMPELES 3008 Market Street Camp Hill, PA 17011 AND DONEGAL INSURANCE 1195 River Road, PO Box 302 Marietta, PA 17547 Defendants :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA . No. 10-6252 Civil Term MM - r*l n r ? j c CL, : Civil Action .cc .., : Personal Injury - Negligence T :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 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 AN ATTORNEY GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedofrd Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Susan K. Pickford, Esq. ID# 43093 3400 Trindle Road Camp Hill, PA 17011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOLLY ROBERTSON 2101 Mayfred Lane Camp Hill, PA 17011 Plaintiff Vs JAMES SEMPELES 3008 Market Street Camp Hill, PA 17011 AND DONEGAL INSURANCE 1195 River Road, PO Box 302 Marietta, PA 17547 Defendants . No. Civil Action Personal Injury - Negligence COMPLAINT Plaintiff MOLLY ROBERTSON, by and through her counsel, Susan K. Pickford, Esq. herewith lodges the following complaint. 1. Plaintiff, MOLLY ROBERTSON is an adult individual residing at 2101 Mayfred Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant JAMES SEMPELES (hereinafter "Defendant Semples") is an adult individual residing at 3008 Market Street, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant DONEGAL INSURANCE (hereinafter "Defendant Donegal") is a Pennsylvania corporation with a principal place of business located at 1195 River Road, PC) Box 302, Marietta, PA 17547 4. At all times relevant to this action, Defendant Donegal was contracted with Defendant Sempeles to provide insurance coverage for Defendant Sempeles and his vehicle. 5. At all times relevant to this action, Defendant Donegal engaged in business and operated in the Commonwealth of Pennsylvania. 6. On or about October 3, 2008 Plaintiff was traveling east on Chestnut Street in the Borough of Camp Hill, Cumberland County, Pennsylvania maintaining a proper speed and traveling in the appropriate lane of traffic. 7. At the same time, Defendant Sempeles, while operating his vehicle and traveling west on Chestnut Street in the Borough of Camp Hill, Cumberland County, Pennsylvania, executed a left had turn onto 31" street, failing to yield the right of way to on-coming traffic and striking Plaintiff's vehicle . 8. Chestnut Street and Thirtieth Street are both public roads in Cumberland County, Pennsylvania. 9. Defendant was cited by Camp Hill Police for violation of Vehicle Code § 3322 for Failure to Yield to On-coming Driver When Making a Left Turn. 10. In striking Plaintiff's vehicle, Defendant Sempeles caused severe damage to Plaintiff's vehicle and serious personal injuries to Plaintiff. 11. Upon being struck head-on by Defendant Sempeles vehicle, Plaintiff body lurched forward causing pain and injury. Plaintiff also struck her head on the interior of the vehicle causing pain and injury. 12. Plaintiff sought immediate medical care and continued in treatment thereafter. 13. Upon being struck by Defendant Sempeles vehicle, Plaintiff's vehicle required towing from the scene and was subsequently declared a total loss. FIRST CAUSE OF ACTION Plaintiff, Molly Robertson re-alleges and incorporates by reference, all those facts and allegations in paragraphs 1 through 13 above as if fully set forth herein and further alleges: 14. The collision was caused by the recklessness, carelessness and negligence of Defendant Sempeles. Among other acts and omissions, Defendant Sempelesm: a. failed to yield the right-of-way to on-coming traffic; b. failed to reduce speed to avoid a collision; c. failed to observe due care and precaution and to maintain proper and adequate control of the motor vehicle; d. failed to keep a proper lookout for other vehicles lawfully upon the roadway; e. failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing; and f. In other respects not now known to the Plaintiff but which may become known prior to or at the time of trial. 15. As a direct and proximate result of the negligence and carelessness of the Defendant, the Plaintiff: a. suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; b. was, is and will be required to undergo medical treatment and to incur medical costs and expenses in order to alleviate injuries, pain and suffering: c. was. is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; d. and, otherwise was hurt, injured and caused to sustain losses. 16. All of the Plaintiffs losses were, are and will be due solely to and by reason of the carelessness and negligence of the Defendant Sempeles, without any negligence or want of due care on the Plaintiffs part contributing thereto. WHEREFORE, this Plaintiff claims THIRTY THOUSAND DOLLARS ($30,000.00) in damages. DATE: 2 Respectfully submitted, Susan K. Pickfan ID 43093 3400 Trindle Road Camp Hill, PA 17011 717-695-3294 Pickford Law Office 3400 Trindle Road Camp Hill, PA 17011 717-695-3294 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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: Oa ol)/C 0/-4, CERTIFICATE OF SERVICE I, Susan K. Pickford, Esq., counsel for Plaintiff hereby certifys that the foregoing document was served upon the person and in the manner indicated below. JAMES SEMPELES 3008 Market Street Camp Hill, PA 17011 (Personal Service) DONEGALINSURANCE 1195 River Road, PO Box 302 Marietta, PA 17547 (Certified mail with Acceptance of Service) A,usan K. Pickford, E., C 2?f Z ID # 43093 3400 Trindle Road Camp Hill, PA 17011 (717)695-3294 F IFILESTlients\3050 Donegal\3050.Current\3050.677\3050. 677.posl Revised 2/8/12 4:42PM r-` Daniel K. Deardorff, Esquire =-r MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -? - MARTSON LAW OFFICES I D 17837 . . 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MOLLY ROBERTSON, Plaintiff V. JAMES SEMPELES and DONEGAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6252 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS PURSUANT TO Pa. R. C. P. No. 1028 TO PLAINTIFF'S COMPLAINT 1. DEMURRER (Pa. R. C. P. 1028 (a)(4)) The Complaint fails to state a cause of action against Defendant Donegal Insurance. WHEREFORE, the Defendants request that the Complaint against Defendant Donegal Insurance be dismissed. II. DEMURRER (Pa. R. C. P. 1028 (a)(4)) AND FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT (Pa. R. C. P. 1028 (a)(2)) 2. On or about September 30, 2010, Plaintiff filed a Praecipe for a Writ of Summons against Defendant Sempeles and Defendant Donegal Insurance. 3. Although a Writ of Summons was issued to Plaintiff, Plaintiff made no effort to take measures to properly serve the Writ of Summons on the Defendants as required by Cumberland County local practice. 4. Plaintiff's failure to attempt to properly serve the Writ of Summons on Defendants nullifies Plaintiff's filing of this action and the action should be dismissed. WHEREFORE, Defendants request that the action against them be dismissed for Plaintiff's failure to attempt to properly serve the Writ of Summons. III. DEMURRER &a. R. C. P. 1028 (a)(4h 5. Paragraph 14(f) does not set forth a cause of action. WHEREFORE, Defendants request that paragraph 14(f) be stricken. IV. FAILURE OF PLEADING TO CONFORM TO LAW PURSUANT TO Pa. R.C.P. 1028 (a)(2) 6. Paragraph 9 improperly alleges that Defendant was cited for violation of 75 Pa. CSA §3322, which is not admissible, and is irrelevant and impertinent. WHEREFORE, Defendants request that paragraph 9 be stricken. Respectfully Submitted, MARTSON LAW OFFICES By Daniel . Deardorff, Esquire I.D. No. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?? (??? Attorneys for Defendants CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Susan K. Pickford, Esquire LAW OFFICES OF SUSAN K. PICKFORD 3400 Trindle Road Camp Hill, PA 17011 MARTSON LAW OFFICES Y Ami J. Thu ` a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7 lqll'? r Susan K_ Pickford. Esquire LAW OFFI( ES OF SUSAN K. PICKFORD ,41)U Irindlc Road Camp !ill]. PA 17011 (717)(')5-;2',)4 Ation ,A for Plaintiff MOL=.Y ROBERTSON- Plaintiff VS JAWS SEMPELES and DONI_GA.L INSURANCE- r-1I r,-, car IN THE COURT OF COMMON PLEAS Of, CUMBERLAND COUNTY- PENNSI'L1 AN±.A : NO. W-6?:;? :CIVIL ACTION - LAW' PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY Kindly mark the above-referenced matter as settled, discontinued and ended. 1. AW OFFICES OF SUSAN K 1-1 ICKL01D r . Susan K. Pickfor , Es e 3400 Trindle Road 1' Cam} Hill, PA 17011 (717) 00> -3 204 Attcrnev for Plaintiff Dated -- j i CERTIFICATE OF SERVICE 1. Susan K. Pickford, Esq. hereby certify that :a copy of the foregoing Praecipe `A as served this 6te bN depositing same in the Post Office at Camp Hill, PA first class mail. p,,)stage prepaid, addre:;sed as follows Daniel K. Deardorff Esquire MAR.TSON LAW OFFICES 10 East Hi(-)h Street Carlisle, PA 1701 LAW OFFICL OF SUSAN 7CKFOR!) By `v 3400 Trindle Road Camp Hill. PA 1701 1 (717)695-32c4 Dated ;?