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HomeMy WebLinkAbout13-2545 Supreme Cout of`.Pennsylvania COUt'� I +COrnmo� leas For Prothonotary Use Only: 1' Glil O Docket No: r sT C�erlandY County A �3- asps The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and seii4ce ofpleadings or other papers as required by law or rules of court. Commencement of Action: S l Complaint J Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: S.T. John Doe T Dollar Amount Requested: ix within arbitration limits I Are money damages requested? E] Yes 0 No (check one) [ i outside arbitration limits O N Is this a Class Action Suit? • 13 Yes. F55 No Is this an MDJAppeal? 0 Yes E No A Name of Plaintiff /Appellant's Attorney: ® 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 Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional it Buyer Plaintiff Administrative Agencies _j Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment In Motor Vehicle ❑ Debt Collection: Other [3 Board of Elections n Nuisance 0 Dept. of Transportation © Premises Liability ® Statutory Appeal: Other S Product Liability (does not include mass tort) � Employment Dispute: E Discrimination X: Slander/Libel/ Defamation Employment Dispute: Other 0 Zoning Board C Other: r, Other: T I Other: O MASS TORT Asbestos N 0 Tobacco 0 Toxic Tort - DES u Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste C3 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment rM Ground Rent [3 Mandamus 0 Landlord/Tenant Dispute 17 Non- Domestic Relations I3 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY I3 Mortgage Foreclosure: Commercial 0 Quo Warranto Dental 0 Partition 0 Replevin 1 2 Legal J Quiet Title 0 Other: Medical 0 Other: Other Professional: Updated .1 /1 /2011 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. C: rn ca Plaintiff �3 - o1SgS G�jl -;t rn 2,,, V. JURY TRIAL DEMANDED t :Prw JOHN DOE Defendanty NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 Bedford Street Carlisle, PA 17013 (717) 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando . personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. Ck, �a1 Qtaq 0 �� 3 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, PA 17013 (717) 249 -3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court; please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. Plaintiff V. JURY TRIAL DEMANDED JOHN DOE Defendant COMPLAINT AND NOW comes S.T. by and through her attorney. Karl E. Rominger, Esquire of Rominger & Associates to aver the following facts in support of her Complaint. 1. Plaintiff is S.T. a private citizen who currently resides in the Commonwealth of Pennsylvania in the County of Cumberland and who wishes her address to remain anonymous. 2. Defendant is an unknown individual whose identity is currently being investigated, but is believed to reside within the Commonwealth of Pennsylvania. 3. On or about April 4, 2013 Defendant posted slanderous, and defamatory statements to Craigslist.com under the Posting Identification Number * ** *7555 with malice and the full intention of causing Plaintiff to experience scorn and /or ridicule. Furthermore, Defendant's actions intended to harm the reputation of Plaintiff as to lower her in the estimation of the community or to deter a third person from associating with her. COUNT II- INTERFERENCE WITH A CONTRACT/ PROSPECTIVE ADVANTAGE 4. All previous paragraphs are hereby incorporated as continuing and ongoing facts in the following averments. 6. Defendant's intentional tortuous actions were a direct attempt to interfere with an employment contract between Plaintiff and her new employer. 7. Defendant's intentional tortuous actions were with the full knowledge of or Defendant should have known of the economic expectancy between the Plaintiff and her third party new employer. WHEREFORE, Plaintiff respectfully requests this Court grant Plaintiff damages and relief in an amount to be determined at trial. Respectfully, ROMINGER & ASSOCIATES Date: *0 5 Y K 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 241 — 6070 Supreme Court ID: 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. Plaintiff V. JURY TRIAL DEMANDED JOHN DOE Defendant VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for Plaintiff this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Respectfully, ROMINGER & ASSOCIATES Date: 5 - 7 /aa) 3 K411 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 24 — 6070 Supreme Court ID: 81924 Attorney for Plaintiff A IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. 13-2545 Plaintiff c x - CD CZ V. JURY TRIAL DEMANDED „ rn. I)r— JOHN DOE {' r ,cc7 Defendant � .;p; MOTION TO WAIVE 20 DAYS SUBPOENA NOTICE AND NO W comes S.T. by and through her attorney Karl E. Rominger,Esquire of Rominger& Associates with the following facts in support of her foregoing Motion: 1. Plaintiff is averring defamation,and related tortuous actions against an unknown Defendant who posted defamatory statement on Craigslist.com. A Complaint was filed on May 7,2013. A copy is attached as EXHIBIT A. 2. The only way for Plaintiff to identify the Defendant is to obtain verification documents from Craigslist. 3. Plaintiff has no party to serve the Notice of Subpoena,and requests the Court enter an Order waiving the Twenty(20)Day Notice and issue a Subpoena for Plaintiff to serve directly to Craigslist. 4. Plaintiff as attached as EXHIBIT B a true and correct copy of the Subpoena to this Motion for the Courts review. WHEREFORE,Plaintiff requests the Honorable Court issue an Order waiving the twenty(20)day notice and direct the Prothonotary to issue a Subpoena as requested. Respectfully, A.RMINGER&ASSOCIATES Date: Cf Za 1 3 —� )Ka E. Rominger, Esquire South Hanover Street Carlisle, PA 17013 Phone: (717)241 —6070 Supreme Court ID: 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. Plaintiff CIVIL TERM DOCKET NO. V.. JURY TRIAL DEMANDED JOHN DOE Defendant , VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for Plaintiff this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to thepenalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Respectfully, ROMINGER & ASSOCIATES Date: ZQ(3 lK rl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 241 —6070 Supreme Court ID: 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. Plaintiff 013- Co ;04S. 03: 01,C1 rrl V. JURY TRIAL DEMANDED 7i r zf Cn ZC JOHN DOE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 Bedford Street Carlisle, PA 17013 (717)249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA,LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle,PA 17013 (717) 249-3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. Plaintiff V. JURY TRIAL DEMANDED JOHN DOE .Defendant , COMPLAINT AND NOW comes S.T. by and through her attorney Karl E. Rominger, Esquire of Rominger&Associates to aver the following facts in support of her Complaint. 1. Plaintiff is S.T. a private citizen who currently resides in the Commonwealth of Pennsylvania,in the County of Cumberland and who wishes her address to remain anonymous. 2. Defendant is an unknown individual whose identity is currently being investigated, but is believed to reside within the Commonwealth of Pennsylvania. 3. On or about April 4, 2013. Defendant posted slanderous, and defamatory statements to Craigslist.com under the Posting Identification Number ****7555 with malice and the full intention of causing Plaintiff to experience scorn and/or ridicule. Furthermore, Defendant's actions intended to harm the reputation of Plaintiff as to lower her in the estimation of the community or to deter a third person from associating with her. COUNT II- INTERFERENCE WITH A CONTRACT/PROSPECTIVE ADVANTAGE 4. All previous paragraphs are hereby incorporated as continuing and ongoing facts in the following averments. 6. Defendant's intentional tortuous actions were a direct attempt to interfere with an employment contract between Plaintiff and her new employer. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. : Plaintiff CIVIL TERM DOCKET NO. , V. JURY TRIAL DEMANDED JOHN DOE Defendant VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for Plaintiff this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904,relating to unsworn falsification to authorities. Respectfully, ROMINGER & ASSOCIATES Date: Kar J E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 241 —6070 Supreme Court ID: 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS COUNTY OF LEBANON, PENNSYLVANIA CIVIL ACTION-LAW S.T. NO. 2013-2545 PLAINTIFF TO Craigslist 222 Sutter St. 9th Floor VS San Francisco, CA 94108 Attn: Custodian of Records JOHN DOE DEFENDANT(S) SUBPOENA TO PRODUCE DOCUMENTS OF THINGS FOR DISCOVERY PURSUAN TO RULE 4009.22 TO: C aigslist Custodian of Records Within twenty(20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Complete records for Posting I.D.3771687555 to include but not limited to complete name, address,phone number, email address, IP address, and any all-identifiable data to disclose the person(s). at the following address Rominger&Associates 155 South Hanover Street Carlisle. PA 17013 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: Karl E. Rominger Esquire' Attorney# 81924 of Rominger&Associates 155 South Hanover Street Carlisle, PA 1700 (717) 241-6070. Date: BY THE COURT: SEAL OF THE COURT PROTHONOTARY By Deputy: 7. Defendant's intentional tortuous actions were with the full knowledge of or Defendant should have known of the economic expectancy between the Plaintiff and her third party new employer. WHEREFORE, Plaintiff respectfully requests this Court grant Plaintiff damages and relief in an amount to be determined at trial. Respectfully, ROMINGER& ASSOCIATES Date: K 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 241 —6070 Supreme Court ID: 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. 13-2545 Plaintiff V. JURY TRIAL DEMANDED JOHN DOE Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 Karl E. Romin er, Esquire on behalf of Plaintiff S.T., certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to the Court for a Motion to Waive the Twenty Day Notice requirement. (2) A copy of the proposed subpoena, is attached to this certificate, as well the Court Order waiving the Notice requirements. (3) No objection to the subpoena has been received,and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff v IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION S.T. CIVIL TERM DOCKET NO. 13-2545 Plaintiff V. JURY TRIAL DEMANDED JOUN DOE Defendant AND NOW this of 2013 upon consideration of the Plaintiff's Motion to:Naive the 20 Day Subpoena Notice the Motion is GRANTED. It is ORDERED and DECREED upon the Cumberland County Prothonotary to issue Plaintiff's subpoena in,the form attached to the Petition BY"THE COURT J �Disn ibution: / Ka irl E,Rominger,Esquire 155 South Hanover Street Carlisle,PA 17013 �y r,II-.-= GO C-)