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HomeMy WebLinkAbout11-2727IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BIBEKANANDA MISHRA and PRIYAMBADA MISHRA husband and wife, 1412 Silver Creek Road Mechanicsburg, PA 17050, Plaintiffs VS. JEFFREY SMITH and KELLY SMITH, husband and wife, 1823 Signal Hill Drive Mechanicsburg, PA 17050, Defendants CIVIL ACTION - LAW / YV7 No . M 0 1 PRAECIPE TO ENTER APPEARANCE AND ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please enter the appearance of Shawn B. Cohen, Esquire, of Cohen Law Offices, on behalf of the Plaintiffs, Bibekananda Mishra and Priyambada Mishra, and issue a Writ of Summons against each of the Defendants, Jeffrey Smith and Kelly Smith. Respectfully submitted, Date: r? awn B. Cohen, Esquire PA ID No. 79478 Attorney for Plaintiffs COHEN LAW OFFICES 1149 Municipal Drive PO Box 663 Duncansville, PA 16635 (814) 693-0500 Writ of Summons COMMONWEALTH OF PENNSYLVANIA County of CUMBERLAND File No. //- ;7d? o v, BIBEKANANDA MISHRA and, PRIYAMBADA MISHRA, husband and wife, Plaintiffs **VERSUS** JEFFREY SMITH and KELLY SMITH, husband and wife, Defendants TO: Jeffrey Smith and Kelly Smith 1823 Signal Hill Drive Mechanicsburg, PA 17050 You are hereby notified that the following Plaintiffs, PLTF ATTY: SHAWN B. COHEN ESQUIRE COHEN LAW OFFICES 1149 MUNICIPAL DRIVE DUNCANSVILLE, PA 16635 BIBEKANANDA MISHRA and PRIYAMBADA MISHRA have commenced an action against you. Date: Prothonotary (Clerk) By Dkputy JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky I.D. No. 78000 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com +L -tt=f-ttL nr-•,er Lai -3 l, BIBEKANANDA MISHRA and PRIYAMBADA MISHRA, husband and wife, Plaintiffs v. JEFFREY SMITH and KELLY SMITH, husband and wife, Defendants 11 53 CO UN- Attorneys for Defendants, Jeffrey Smith and Kelly Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-2727 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE. FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of John R. Ninosky, Esquire of Johnson, Duffie, Stewart & Weidner, P.C., on behalf of Defendants Jeffrey Smith and Kelly Smith in the above - captioned matter. Date: November 7, 2014 663071 Respectfully submitted, JOHNSO , DUFFIE, STEWART & WEID ER By: .f.�i/L L John R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Jeffrey and Kelly Smith CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 7, 2014: Shawn B. Cohen, Esquire Cohen Law Offices 1149 Municipal Drive P.O. Box 663 Duncansville, PA 16635 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: /4 /0/4044-6 Jo n R. Ninosky JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky I.D. No. 78000 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com 20114 NOV 10 AN II: 53 COUNTY Attorneys for Defendants, L L VA N Jeffrey Smith and Kelly Smith BIBEKANANDA MISHRA and PRIYAMBADA MISHRA, husband and wife, Plaintiffs v. JEFFREY SMITH and KELLY SMITH, husband and wife, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE NO. 11-2727 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. Date: November 7, 2014 JOHNSON, DUFFIE, STEWART & WEIDNER By RULE TO: Plaintiffs Bibekananda Mishra and Priyambada Mishra c/o Shawn Cohen, Esquire You are hereby directed to file a Complaint in the above -captioned matter within 20 days or judgment non pros will be entered against you. Date: \ I is/ A011-ateJ • Prothonotary Agge._ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 7, 20.14: Shawn B. Cohen, Esquire Cohen Law Offices 1149 Municipal Drive P.O. Box 663 Duncansville, PA 16635 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: o n R. Ninosky 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BIBEKANANDA MISHRA and PRIYAMBADA MISHRA, husband and wife, Plaintiffs Vs. JEFFREY SMITH and KELLY SMITH, husband and wife, Defendants No. 11-2727 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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 S. Bedford Street Carlisle, PA 17103 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BIBEKANANDA MISHRA and PRIYAMBADA MISHRA, husband and wife, Plaintiffs vs. JEFFREY SMITH and KELLY SMITH, husband and wife, Defendants No. 11-2727 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Bibekananda Mishra and Priyambada Mishra, husband and wife, by and through their attorney, Shawn B. Cohen of Cohen Law Offices, and for their cause of action against the Defendants, Jeffrey Smith and Kelly Smith, husband and wife, respectfully aver as follows: 1. Plaintiffs, Bibekananda Mishra and Priyambada Mishra, are adult individuals who reside at 1412 Silver Creek Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants, Jeffrey Smith and Kelly Smith, are adult individuals who reside at 1823 Signal Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about March 13, 2009 at or about 7:45 a.m., Plaintiff Bibekananda Mishra was the operator and Plaintiff Priyambada was a passenger in a 2006 Toyota Camry, which was stopped at a red light on Good Hope Road, intending to make a right turn onto Wertzville Road in Mechanicsburg, Cumberland County, Pennsylvania. 4. On the aforementioned date and time, Defendant Kelly Smith was operating a car owned by the Defendants. 5. At the aforementioned time, date and place, Defendants' vehicle was directly r behind Plaintiffs' vehicle. 6. Defendant Kelly Smith failed to stop her vehicle and violently struck the rear of the vehicle Plaintiff Bibekananda Mishra was operating. 7. When their vehicle was struck by Defendant's vehicle, Plaintiffs were thrown violently around in the vehicle, causing their injuries. 8. Plaintiff Bibekananda Mishra and Priyambada Mishra were not negligent or contributorily negligent in any way for the collision. 9. Defendant Kelly Smith, as a motorist driving on the roadways of Pennsylvania, had the following duties: a) duty of due care; b) duty to anticipate danger that led to the rear end collision into the Plaintiffs' vehicle; c) duty to operate the vehicle at such a rate of speed and in such a manner as to keep the vehicle under such control so as to be able to stop within the assured clear distance ahead; d) duty to operate her vehicle with due regard for the safety and not in reckless disregard of the safety of others; e) duty to keep a proper lookout; f) duty to take evasive action in order to avoid impacting the rear of the Plaintiffs' vehicle; and g) duty to apply her brakes in sufficient time to avoid impacting the rear of the Plaintiffs' vehicle. COUNT I PLAINTIFF PRIYAMBADA MISHRA VS. DEFENDANT KELLY SMITH 10. Plaintiff Priyambada Mishra incorporates herein by reference the allegations contained in paragraphs 1 through 9 above. 11. The accident was directly and proximately caused by the negligence of Defendant Kelly Smith which negligence consisted of the following: a. Failing to have her vehicle under proper and adequate control so as to avoid the impact with the vehicle of the Plaintiffs; b. Failing to stop for a steady red light in her direction of travel; c. Failing to yield the right of way to Plaintiffs' vehicle; d. Failing to keep a proper lookout; e. Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; f. Failing to apply his brakes in sufficient time to avoid coming into contact with Plaintiffs' vehicle; g. Failing to observe Plaintiffs' vehicle on the highway; h. Failing to keep a reasonable lookout for other vehicles lawfully on the road; i. Failing to yield the right-of-way to traffic already upon the highway; j. Failing to yield the right-of-way to oncoming traffic; and k. Permitting or allowing his vehicle to strike and collide with the vehicle operated by the Plaintiffs. 12. The foregoing collision and the injuries and damages set forth hereinafter that Plaintiffs suffered were the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Kelly Smith operated her motor vehicle. 13. As a result of Defendant Kelly Smith's negligence, Plaintiff Priyambada Mishra suffered great bodily pain and suffering, as well as mental anxiety, nervousness and sleep interruption, all to her great detriment and loss. 14. As a result of the collision caused by Defendant, the Plaintiff Priyambada Mishra sustained painful and severe injuries, which include, but are not limited to, headaches, whiplash, chronic right upper trapezius neck strain, cervical pain and pain in her right shoulder. 15. As a result of the her injuries, Plaintiff has been compelled to expend various sums of money for medications, medical treatment and similar miscellaneous expenses in attempting to alleviate and cure the aforesaid injuries and believes that she may in the future be required to expend additional sums for medications and medical attention, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that some or all of her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 18. Plaintiff has made demand for compensation of the aforesaid injuries and losses, which Defendants have refused, and still refuse, to pay. WHEREFORE, Plaintiff Priyambada Mishra demands judgment against Defendant Kelly Smith in an amount in excess of any jurisdictional amount requiring compulsory arbitration and demands a trial by jury. COUNT II PLAINTIFF PRIYAMBADA MISHRA VS. JEFFREY SMITH 19. Plaintiff Priyambada Mishra incorporates herein by reference the allegations contained in paragraphs 1 through 18 above. 20. Defendant Jeffrey Smith is guilty of negligent entrustment of the automobile being operated by Defendant Kelly Smith at the time of the collision with Plaintiffs' vehicle. WHEREFORE, Plaintiff Priyambada Mishra demands judgment against Defendant Jeffrey Smith in an amount in excess of any jurisdictional amount requiring compulsory arbitration and demands a trial by jury. COUNT III PLAINTIFF BIBEKANANDA MISHRA VS. DEFENDANTS 21. Plaintiff Bibekananda Mishra incorporates herein by reference the allegations contained in paragraphs 1 through 20 above as if set forth at length herein. 22. At all times relevant hereto, Plaintiff Bibekananda Mishra was the husband of Plaintiff Priyambada Mishra. 23. As a result of the injuries sustained by Plaintiff Priyambada Mishra, Plaintiff Bibekananda Mishra has been deprived of the care, consortium, companionship, assistance and society of her spouse, all of which have been to his great detriment and loss. 24. As a result of the injuries sustained by Priyambada Mishra, it was necessary for Plaintiff Bibekananda Mishra to assume household chores such as cleaning and laundry, grocery shopping which Priyambada Mishra had previously done. 25. Plaintiff Bibekananda Mishra has suffered mental and emotional deprivation and injury as a result of the loss of support, consortium, comfort, counsel, aid, association, care and services of Priyambada Mishra. WHEREFORE, Plaintiff Bibekananda Mishra demands judgment against the Defendants, Jeffrey Smith and Kelly Smith, in an amount in excess of any jurisdictional amount requiring compulsory arbitration and demands a trial by jury. Date: / 7/y 7zc Shawn B. Cohen, Esquire PA ID No. 79478 Attorney for Plaintiffs COHEN LAW OFFICES 1149 Municipal Drive PO Box 663 Duncansville, PA 16635 (814) 693-0500 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Complaint was served this date by first-class United States mail, sufficient postage prepaid, addressed to: John R Ninosky, Esquire Johnson Duffie PO Box 109 Lemoyne, PA 17043-0109 Shawn B. Cohen Attorney for Plaintiffs r ' JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendants, By: John R. Ninosky Jeffrey Smith and Kelly Smith I.D. No. 78000 By: Karen M. Romano I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com/kmr@jdsw.com BIBEKANANDA MISHRA and IN THE COURT OF COMMON PLEAS OF PRIYAMBADA MISHRA, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-2727 Civil V. JEFFREY SMITH and CIVIL ACTION — LAW KELLY SMITH, husband and wife, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of Karen M. Romano, Esquire of Johnson, Duffie, Stewart & Weidner, P.C., on behalf of Defendants Jeffrey Smith and Kelly Smith in the above-captioned matter. Respectfully submitted, JOHNSO,fiJ, DUFFIE, STEWART &WEIDNER By: 'ZAV M. & Z � John R. Ninosky, Esquire Attorney I.D. No. 78000 Karen M. Romano, Esquire Attorney I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: January 6, 2015 Attorneys for Jeffrey and Kelly Smith 673051 w CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2015: Shawn B. Cohen, Esquire Cohen Law Offices 1149 Municipal Drive P.O. Box 663 Duncansville, PA 16635 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER Al By: Karen M. Romano JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Defendants, By: John R. Ninosky Jeffrey Smith and Kelly Smith I.D. No. 78000 By: Karen M. Romano I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com/kmr@jdsw.com BIBEKANANDA MISHRA and IN THE COURT OF COMMON PLEAS OF PRIYAMBADA MISHRA, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-2727 Civil V. JEFFREY SMITH and CIVIL ACTION — LAW KELLY SMITH, husband and wife, Defendants JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, Jeffrey Smith and Kelly Smith, by and through their counsel, Johnson, Duffie, Stewart & Weidner, P.C., who file these Preliminary Objections to Plaintiff's Complaint by respectfully stating the following: 1. Plaintiffs have filed a Complaint against Defendants arising from an automobile accident, which allegedly occurred on March 13, 2009. Attached hereto as Exhibit A is a copy of said Complaint. 2. Plaintiffs claim that Jeffrey Smith negligently entrusted an automobile to his wife, Kelly Smith. 3. Plaintiffs provide no facts to substantiate this legal conclusion as stated in Count 11 of Plaintiffs' Complaint. 4. Pa.R.C.P. 1028(a)(4) states: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (4) legal insufficiency of a pleading (demurrer); 5. In the present matter, Plaintiff has established alleged no facts which establish a cause of action for negligent entrustment. Therefore, Defendants respectfully request that Count II of Plaintiffs' Complaint be dismissed with prejudice. 6. Count III of Plaintiff's Complaint is premised upon a loss of consortium. This cause of action is asserted against both Jeffrey and Kelly Smith. 7. As stated above, there is no factual basis for a cause of action against Jeffrey Smith. Therefore, a demurrer should be entered on behalf of Jeffrey Smith to Count III of Plaintiff's Complaint. WHEREFORE, Defendants respectfully request that a demurrer be entered to Count II of Plaintiff's Complaint and that a demurrer be entered on behalf of Jeffrey Smith to Count III of Plaintiffs' Complaint. Further, Jeffrey Smith is hereby dismissed from this cause of action with prejudice. Respectfully submitted, JOHNSO DUFFIE, STEWART&WEIDNER By: ohn R. Ninosky, Esquire Attorney I.D. No. 78000 Karen M. Romano, Esquire Attorney I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: January 6, 2015 Attorneys for Jeffrey and Kelly Smith 2 EXHIBIT A r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BIBEKANANDA MISHRA and No. 11-2727 Civil PRIYAMBADA MISHRA,husband and wife, p r Plaintiffs CIVIL ACTION—LAW -V 3 =M M r�- VS. Z� C-3 -Orr-, I-- -; 1;0C.; JURY TRIAL DEMANDED JEFFREY SMITH and KELLY SMITH,husband and wife, =C:) Defendants NOTICE TO DEFEND 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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 S.Bedford Street Carlisle,PA 17103 (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BIBEKANANDA MISHRA and No. 11-2727 Civil PRIYAMBADA MISHRA,husband and wife, Plaintiffs CIVIL ACTION—LAW VS. JURY TRIAL DEMANDED JEFFREY SMITH and KELLY SMITH,husband and wife, Defendants COMPLAINT AND NOW, come the Plaintiffs, Bibekananda Mishra and Priyambada Mishra,husband and wife, by and through their attorney, Shawn B. Cohen of Cohen Law Offices, and for their cause of action against the Defendants, Jeffrey Smith and Kelly Smith, husband and wife, respectfully aver as follows: 1. Plaintiffs, Bibekananda Mishra and Priyambada Mishra, are adult individuals who reside at 1412 Silver Creek Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants, Jeffrey Smith and Kelly Smith, are adult individuals who reside at 1823 Signal Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about March 13,2009 at or about 7:45 a.m., Plaintiff Bibekananda Mishra was the operator and Plaintiff Priyambada was a passenger in a 2006 Toyota Camry, which was stopped at a red light on Good Hope Road, intending to make a right turn onto Wertzville Road in Mechanicsburg, Cumberland County, Pennsylvania. 4. On the aforementioned date and time, Defendant Kelly Smith was operating a car owned by the Defendants. 5. At the aforementioned time,date and place,Defendants' vehicle was directly behind Plaintiffs' vehicle. 6. Defendant Kelly Smith failed to stop her vehicle and violently struck the rear of the vehicle Plaintiff Bibekananda Mishra was operating. 7. When their vehicle was struck by Defendant's vehicle, Plaintiffs were thrown violently around in the vehicle, causing their injuries. 8. Plaintiff Bibekananda Mishra and Priyambada Mishra were not negligent or contributorily negligent in any way for the collision. 9. Defendant Kelly Smith, as a motorist driving on the roadways of Pennsylvania, had the following duties: a) duty of due care; b) duty to anticipate danger that led to the rear end collision into the Plaintiffs' vehicle; C) duty to operate the vehicle at such a rate of speed and in such a manner as to keep the vehicle under such control so as to be able to stop within the assured clear distance ahead; d) duty to operate her vehicle with due regard for the safety and not in reckless disregard of the safety of others; e) duty to keep a proper lookout; f) duty to take evasive action in order to avoid impacting the rear of the Plaintiffs' vehicle; and g) duty to apply her brakes in sufficient time to avoid impacting the rear of the Plaintiffs' vehicle. COUNT I PLAINTIFF PRIYAMBADA MISHRA VS. DEFENDANT KELLY SMITH 10. Plaintiff Priyambada Mishra incorporates herein by reference the allegations contained in paragraphs 1 through 9 above. 11. The accident was directly and proximately caused by the negligence of Defendant Kelly Smith which negligence consisted of the following: a. Failing to have her vehicle under proper and adequate control so as to avoid the impact with the vehicle of the Plaintiffs; b. Failing to stop for a steady red light in her direction of travel; C. Failing to yield the right of way to Plaintiffs' vehicle; d. Failing to keep a proper lookout; e. Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; f. Failing to apply his brakes in sufficient time to avoid coming into contact with Plaintiffs' vehicle; g. Failing to observe Plaintiffs' vehicle on the highway; h. Failing to keep a reasonable lookout for other vehicles lawfully on the road; i. Failing to yield the right-of-way to traffic already upon the highway; j. Failing to yield the right-of-way to oncoming traffic; and k. Permitting or allowing his vehicle to strike and collide with the vehicle operated by the Plaintiffs. 12. The foregoing collision and the injuries and damages set forth hereinafter that Plaintiffs suffered were the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Kelly Smith operated her motor vehicle. 13. As a result of Defendant Kelly Smith's negligence, Plaintiff Priyambada Mishra suffered great bodily pain and suffering, as well as mental anxiety, nervousness and sleep interruption, all to her great detriment and loss. 14. As a result of the collision caused by Defendant, the Plaintiff Priyambada Mishra sustained painful and severe injuries,which include, but are not limited to, headaches, whiplash, chronic right upper trapezius neck strain,cervical pain and pain in her right shoulder. 15. As a result of the her injuries, Plaintiff has been compelled to expend various sums of money for medications,medical treatment and similar miscellaneous expenses in attempting to alleviate and cure the aforesaid injuries and believes that she may in the future be required to expend additional sums for medications and medical attention, and claim is made therefor. 16. As a result of the aforementioned injuries,Plaintiff has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. Plaintiff continues to be plagued by persistent pain and limitation and,therefore, avers that some or all of her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 18. Plaintiff has made demand for compensation of the aforesaid injuries and losses, which Defendants have refused, and still refuse, to pay. WHEREFORE, Plaintiff Priyambada Mishra demands judgment against Defendant Kelly Smith in an amount in excess of any jurisdictional amount requiring compulsory arbitration and demands a trial by jury. COUNT II PLAINTIFF PRIYAMBADA MISHRA VS.JEFFREY SMITH 19. Plaintiff Priyambada Mishra incorporates herein by reference the allegations contained in paragraphs 1 through 18 above. 20. Defendant Jeffrey Smith is guilty of negligent entrustment of the automobile being operated by Defendant Kelly Smith at the time of the collision with Plaintiffs' vehicle. WHEREFORE, Plaintiff Priyambada Mishra demands judgment against Defendant Jeffrey Smith in an amount in excess of any jurisdictional amount requiring compulsory arbitration and demands a trial by jury. COUNT III PLAINTIFF BIBEKANANDA MISHRA VS.DEFENDANTS 21. Plaintiff Bibekananda Mishra incorporates herein by reference the allegations contained in paragraphs 1 through 20 above as if set forth at length herein. 22. At all times relevant hereto,Plaintiff Bibekananda Mishra was the husband of Plaintiff Priyambada Mishra. 23. As a result of the injuries sustained by Plaintiff Priyambada Mishra, Plaintiff Bibekananda Mishra has been deprived of the care, consortium, companionship, assistance and society of her spouse, all of which have been to his great detriment and loss. 24. As a result of the injuries sustained by Priyambada Mishra, it was necessary for Plaintiff Bibekananda Mishra to assume household chores such as cleaning and laundry,grocery shopping which Priyambada Mishra had previously done. 25. Plaintiff Bibekananda Mishra has suffered mental and emotional deprivation and injury as a result of the loss of support, consortium, comfort, counsel, aid, association, care and services of Priyambada Mishra. WHEREFORE, Plaintiff Bibekananda Mishra demands judgment against the Defendants, Jeffrey Smith and Kelly Smith, in an amount in excess of any jurisdictional amount requiring compulsory arbitration and demands a trial by jury. Date: 2,117//r 7z -C� Shawn B. Cohen, Esquire PA ID No. 79478 Attorney for Plaintiffs COHEN LAW OFFICES 1149 Municipal Drive PO Box 663 Duncansville, PA 16635 (814) 693-0500 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Complaint was served this date by first-class United States mail,sufficient postage prepaid,addressed to: John R Ninosky, Esquire Johnson Duffie PO Box 109 Lemoyne, PA 17043-0109 Date: %2 / 7 / Shawn B. Cohen Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendants'Preliminary Objections has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2015: Shawn B. Cohen, Esquire Cohen Law Offices 1149 Municipal Drive P.O. Box 663 Duncansville, PA 16635 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER By: A1`,JV14 t-X !WAr a% Jo R. Ninosky PRAECIPE FOR LISTING CASE FOR ARGU f E T (Must be typewritten and submitted in duplicate) 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) BIBEKANANDA MISHRA and PRIYAMBADA MISHRA, husband and wife, vs. JEFFREY SMITH and KELLY SMITH, husband and wife, No. 11-2727, Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs' Complaint 2. Identify counsel who will argue cases: (a) for plaintiffs: Shawn B. Cohen, Esquire; Cohen Law Offices 1149 Municipal Drive P.O Box 663 Duncansville PA 16635 (Name and Address) (b) for defendants: John R. Ninosky, Esquire/Karen M. Romano, Esquire Johnson, Duffie, Stewart&Weidner, 301 Market Street, P.O. Box 109 Lemoyne PA 17403 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 6. 2015 qiature John R. Ninosky Print your name Date: January 6, 2015 Attorney for Defendants INSTRUCTIONS: 1. 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 I ADMINISTRATOR(not the Prothonotary)after the case is relisted. Q� a U,A-- � 672865 Pw �Is a 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Listing Case for Argument has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2015: Shawn B. Cohen, Esquire Cohen Law Offices 1149 Municipal Drive P.O. Box 663 Duncansville, PA 16635 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART&WEIDNER By: — -4 &L"64:6 Jo n R. Ninosky IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BIBEKANANDA MISHRA and PRIYAMBADA MISHRA, husband and wife, Plaintiffs vs. JEFFREY SMITH and KELLY SMITH, husband and wife, Defendants : NO. 11-2727 Civil : CIVIL ACTION — LAW : JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: 7: CC '_ CD Kindly append the attached verification to the Complaint filed on December 17, 2014 in the above -captioned action. Date: January 8, 2015 Shawn B. Cohen, Esquire PA ID No. 79478 Attorney for Plaintiffs COHEN LAW OFFICES 1149 Municipal Drive PO Box 663 Duncansville, PA 16635 (814) 693-0500 VERIFICATION I verify that the statements of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: December 17, 2014 Bibekananda Mishra, Plaintiff