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HomeMy WebLinkAbout13-1742 Supreme Co °= � ennsylvania Cour> 'if Coin m6WIeas For Prothonotary Use Only: Civil Cbvi' t Docket No: County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint Q Writ of Summons ❑ Petition E r] Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: Z' Angela Palmer as Individual as Parent/Guardian of SRP Mary J. Palmer and Joan M. Brown I Are money damages requested? 0 Yes ❑ No Dollar Amount Requested: ❑within arbitration limits 0 (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Ka E. Rominger ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Alass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS © Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance Dept. of Transportation S Premises Liability Statutory Appeal: Other ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: ❑ Slander. /Libel / Defamation Discrimination - - - -- C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T -- ❑ Other: I ❑Other: — _ - - - -- — O MASS TORT -- -- — ❑ Asbestos N ❑ Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY ❑ Toxic Waste 7EIDeclaratory NEOUS © Other: ❑ Ejectment n Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation Judgment ❑ Ground Rent us Landlord/Tenant Dispute Non - Domestic Relations PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ® Dental ❑ Legal Partition Replevin Quiet Title ❑ Other: E] Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 Angela Palmer /Individually and as Parent : IN THE COURT OF COMMON PLEAS OF and Guardian of SRP /Minor Child CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO: f:3 - J7y� ( <. G vs. Mary J. Palmer and Joan M. Brown ; w Defendants : JURY TRIAL DEMANDED W 0 " :'6_1 1 w` C; PRAECIPE FOR WRIT OF SUMMONS ~� - c-+ C`. To the Prothonotary: ` Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. Date:--q/3 // 3 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 -6070 Supreme Court ID # 81924 WRIT OF SUMMONS To The Above Named Defendants: Mary J. Palmer Joan M. Brown 65 Cover Bridge Road Newburg, PA 17240 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ,)24, 44'r J �� ' k Prothonotary Date: V ty Ica- ��- ��• SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r %L. �� tp of dumb, 12" THF ) , Jody S Smith OTHONO Chief Deputy 7913 APR I 1 AM 9: 25 Richard W Stewart ° Solicitor OFFICE OF THE SHERIFF CUMBERLANO COUt ` PENNSYLVANIA Angela Palmer individually and as Parent and Guardian of SRP/Minor Child Case Number vs. Mary Palmer(et al.) 1 2013-1742 SHERIFF'S RETURN OF SERVICE 04/05/2013 04:05 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Mary Palmer at 65 Covered Bridge Road, Hopewell Township, Newburg, PA 17240. Qom,_-_AV. JASON KINSLER, DEPUTY 04/05/2013 04:05 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Joan Palmer at 65 Cover Bridge Road, Hopewell Township, Newburg, PA 17240. ae"A'• ,� JASON KINSLER, DEPUTY SHERIFF COST: $64.46 ' SO ANSWERS, April 08, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft Inc. A Angela Palmer/Individually and as Parent : IN THE COURT OF COMMON PLEAS OF and Guardian of SRP/Minor Child : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : NO: CV-1742-2013 tt vs. . • Mary J. Palmer and Joan M. Brown " Defendants : JURY TRIAL DEMANDED E— -T t N) 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. • w Angela Palmer/Individually and as Parent : IN THE COURT OF COMMON PLEAS OF and Guardian of SRP /Minor Child : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : NO: CV-1742-2013 vs. • Mary J. Palmer and Joan M. Brown Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, SRP a minor child, by and through her natural mother, Angela Palmer, and their attorney Vincent M. Monfredo, Esquire, and avers in support of her complaint as follows: PARTIES 1. SRP (hereinafter"Plaintiff') is a minor child with a date of birth of July 1, 2003 residing at 66 West Queen St. Apt. 2 Chambersburg, PA 17201. 2. Angela Palmer(hereinafter"Plaintiff Palmer") is an adult individual residing at 66 West Queen St. Apt. 2 Chambersburg, PA 17201. 3. Mary J. Palmer(hereinafter"Defendant Palmer") is an adult individual believed to be residing at 65 Cover Bridge Rd. Newburg, PA 17240. 4. Joan M. Brown (hereinafter"Defendant Brown") is an adult individual believed to be residing at 65 Cover Bridge Rd. Newburg, PA 17240. FACTS 5. Previous paragraphs are incorporated herein as if full set forth. 6. On or about July 12, 2009, Plaintiff and her minor brothers were visiting the home of Defendant Brown and Defendant Palmer. 7. Defendant Brown was not present during the visit. 8. Defendant Palmer was the only adult at the residence. 9. Defendant Palmer and Defendant Brown are believed to be the owners of the residence located at 65 Cover Bride Rd. Newburg, PA 17240 (hereinafter"the residence"). 10. The residence is a trailer. 11. Defendant Palmer is the paternal grandmother of Plaintiff. 12. Plaintiff was six (6) years old at the time. 13. Also at the residence was the Plaintiff's minor brother Joshua who was nine (9) years old at the time. 14. Approximately every other weekend Defendant Palmer would pick up the children and they would stay at the residence from Saturday until Sunday. 15. Unknown to Plaintiff Palmer the residence contained multiple firearms. 16. On or about Saturday, July 12, 2009, the Defendants allowed the firearms to be left out in the open. 17. Joshua fired a shotgun within the residence which hit Plaintiff. 18. The shotgun had been loaded with buck shot. 19. The Plaintiff was shot in both arms. 20. The left arm of the Plaintiff was amputated as a result of being shot. 21. The right arm of the Plaintiff needed to be reconstructed after the shooting. 22. More recently the Plaintiff had to have her right pinky partially amputated as a result of the shooting. COUNT I NEGLIGENCE AGAINST DEFENDANT PALMER 23. Previous paragraphs are incorporated herein as if fully set forth. • 24. Defendant Palmer owed a duty of care to the Plaintiff and the other minor children she was caring for. 25. Defendant Palmer breached this duty by allowing the children she was caring for to have access to firearms. 26. A reasonably prudent person would not allow the children she was caring for to have access to firearms. 27. It is foreseeable that someone might be hurt when children are allowed access to firearms. 28. As a result of Defendant Palmer's breach of duty, the Plaintiff was shot using one of the firearms by one of the children Defendant Palmer should have been caring for. 29. As a direct result of Defendant Palmer's negligence the Plaintiff suffered physical injuries,pain and suffering, and emotion distress. 30. As a direct result of Defendant Palmer's negligence the Plaintiff was shot in both arms, suffering physical injuries which include, but are not limited to having her left arm amputated, her right arm reconstructed, and her right pinky partially amputated. 31. As a direct result of Defendant Palmer's negligence the Plaintiff required counseling for her emotional distress and mental anguish, which includes but is not limited to being mocked by other children for missing an arm and being bullied at school. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against defendant. COUNT II PREMISES LIABILITY AGAINST ALL DEFENDANTS 32. Previous paragraphs are incorporated herein as if fully set forth. • 33. Defendants are believed to be the owner or occupier of the residence. 34. Defendant had a duty to use reasonable care in the maintenance and use of their land to protect invitees from foreseeable harm. 35. Defendants had a duty to inspect their property and to discovery dangerous conditions. 36. Defendants invited the Plaintiff to the residence. 37. The Defendants knew or should have known that they created an unreasonable risk of harm in allowing firearms to be kept where children invitees might access them. 38. The Defendants did not use reasonable care to protect the invitees from the danger. 39. The Defendants should have anticipated the harm that could come from leaving firearms loaded and accessible within their trailer. 40. As a direct result of the Defendant's negligence Plaintiff suffered physical injuries, emotional distress, and pain and suffering as set forth within this Complaint. 41. Plaintiff seeks one-million dollars ($1,000,000.00) in liquidated damages to fully compensate her for her injuries and future pain and suffering. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in her favor in an amount in the amount of one-million dollars ($1,000,000.00) in the form of liquidated damages. COUNT III PUNITIVE DAMAGES AGAINST ALL DEFENDANTS 42. Previous paragraphs are incorporated herein as if fully set forth. 43. The conduct of the defendants was outrageous as they acted with reckless indifference to the interests of others. 44. The Defendants conduct was the direct reason for the injuries sustained by the Plaintiff 45. The Defendants should be punished in the form of punitive damages for their conduct. 46. Punitive damages should be awarded to deter the defendant and others from committing similar acts. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in her favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against defendants. Dater a 17-13 Respectfully submitted, ROMINGER& ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #206671 VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: /a -17-5 Ange ��/ a Palmer on behalf of her minor child Angela Palmer/Individually and as Parent : IN THE COURT OF COMMON PLEAS OF and Guardian of SRP/Minor Child : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : NO: CV-1742-2013 vs. • • • Mary J. Palmer and Joan M. Brown Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo Esquire, do hereby certify that I served a copy of the Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Mary J. Palmer 65 Cover Bridge Road Newburg, PA 17240 Joan M. Brown 65 Cover Bridge Road Newburg, PA 17240 Respectfully submitted, ROMINGER& ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Plaintiff Dated: October 17, 2013 .44 Fi4,,e/. 7;4/it'hall° dia//lek,o' ---6P0 rititesiki jaieutht.;co 9/ /e/z9/0/44;0 /i ,,,,,/' / M .i CiP'mera--c:la/5 ------ p/t/1/ fr 1/5 A C, r•,,,, C--s cza -r I rrl ca -r: 111 I ' bffie 1 7 ..<i■'. c A 34.411,41/5' zcv , • ,---," , 4 ''!. c .•." eir9evie____ i .j / /0 4/71 d,--4/7-&,-/-vteo.--az Yet:1i z c77.Q5-\5--Q5 gie . 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