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HomeMy WebLinkAbout13-4193 Supreme Cou r ±Pennsylvania COUP y of -00 Mpo ; Pleas Foy Prothonotary Use Only: r G i it C.ovet ee Docket No: , : �, UM i, CB i County ! 3 - 11195 z I� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and sei -vice ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 13 Complaint S Writ of Summons ® Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Bradley Waitsman June B. Lutz T Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? J Yes © No (check one) moutside arbitration limits O N Is this a Class Action Suit? Yes F1 No Is this an MDJAppeal? El Yes El No A Name of Plaintiff /Appellant's Attorney: l !// ® 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 Intentional ® Buyer Plaintiff Administrative Agencies © Malicious Prosecution 0 Debt Collection: Credit Card l3 Board of Assessment x Motor Vehicle Debt Collection: Other [3 Board of Elections 0 Nuisance l3 Dept. of Transportation ® Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) ® Employment Dispute: ® Slander /Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T l Other: I ® Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Ejectment ®Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent ® Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial ® Quo Warranto 0 Dental 0 Partition © Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: i=J Other Professional: Updated 1/1/2011 BRADLEY WAITSMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL, ACTION - LAW : NO: 13 - ��93 JUNE B. LUTZ, Defendant : JURY TRIAL DEMANDED --1 =M PRAECIPE FOR WRIT OF SUMMONS D 73 "? To the Prothonotary: �' C:) Please issue a writ of summons in the above captioned action. T.E Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania 17013. Date: July 19, 2013 Respectfully submitted, 7 ER & ASSOCIATES M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 -6070 Supreme Court ID #206671 WRIT OF SUMMONS v 3. ?S 1"i To The Above Named Defendants: June B. Lutz C# lo t S 634 Old York Road Carlisle, PA 17015 12-4k 2 93 3 3 3 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: � � I. �'�2 of Deputy BRADLEY WAITSMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW ? NO: 13-4193 rf JUNE B. LUTZ, : - -- -; Defendant : JURY TRIAL DEMANDED wY PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please reissue the attached 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 17013. Date: August 15, 2013 Respectfully submitted, ROMINGER& ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street d Carlisle, PA 17013 �. (717)241-6070 Supreme Court ID #206671 c k W OF SUMMONS To The Above Named Defendants: June . Lutz 634 Ol York Road Carlisle, 17015 YOU ARE NOTIFIED THAT THE AB NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST Proth otary Date: By: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F, E -O r:ICr Sheriff ('10`° TiIE €R0THo' N'TAPY Jody s Smith Chie f Deputy 2013 SEP —6 AN [4: 16 Chief � Richard W Stewart CUMBERLAND COUNTY I Solicitor OFFICE O TvEE tt<RJFF PENNSYLVANIA Bradley Scott Waitsman Case Number vs. June B Lutz 2013-4193 SHERIFF'S RETURN OF SERVICE 0812612013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: June B Lutz, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as"Not Served"at 634 Old York Road, South Middleton, Carlisle, PA 17015. Writ of Summons has expired. 0813012013 04:59 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Re-issued Writ of Summons by'personally"handing a true copy to a person representing themselves to be the Defendant,to wit: June B Lutz at 634 Old York Road, South Middleton, Carlisle, PA 17015. RYAN BURGETT, DEPUTY SHERIFF COST: $70.02 SO ANSWERS, September 04, 2013 RbNW R ANDERSON, SHERIFF t'c)CountySuite S4eritt,Teleosoft,Inc. DONALD M. DESSEYN, Esquire ATTORNEYS FOR DEFENDANT Attorney ID# 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 BRADLEY WAITSMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-4193 , w - c rrr w CIO : MM rn r;—..: JUNE B.LUTZ, CIVIL ACTION—LAW a r � Defendant , JURY TRIAL DEMANDED • PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Donald M. Desseyn, Esquire on behalf of Defendant, June B. Lutz in the above-captioned matter. Date: dlIl wl& By: - Donald M. sseyn, s ire Attorney for Defendant w� :r CERTIFICATE OF SERVICE AND NOW, this 24`h day of September 2013, I, Donald M. Desseyn, Esquire, Attorney for Defendant hereby certify that I served a copy of the within Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Vincent M. Monfredo, Esquire Rominger&Associates 155 South Hanover Street Carlisle,PA 17013 By: _ Donald m. esseyn, quire Attorney for Defendant t DONALD M. DESSEYN, Esquire ATTORNEYS FOR DEFENDANT Attorney ID#69179 4999 Louise Drive, Suite 103 Mechanicsburg,PA 17055 (717) 791-0400 BRADLEY WAITSMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, • PENNSYLVANIA • V. • NO. 13-4193 u' • JUNE B. LUTZ, CIVIL ACTION—LAW �` °; Defendant • can (xi • JURY TRIAL DEMANDED • PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Issue a Rule upon Plaintiff to file his complaint against Defendant within twenty days (20) from the date of service hereof; otherwise,judgment of non pros to be entered in accordance with Rule 1037 (a)of the Pennsylvania Rules of Civil Procedure. By: ;74,0� .✓ - •esseyn,Eguire Attorney for Defendant RULE AND NOW, this day of b 2013, in accordance with the aforesaid Rule, a Rule is issued upon Plaintiff to file his complaint against Defendant within twenty days from the date of service hereof; otherwise,judgment of non pros to be entered in accordance with Rule 1037 (a)of the Pennsylvania Rules of Civil Procedur Prothonotary CERTIFICATE OF SERVICE AND NOW, this 23rd day of October 2013, I, Donald M. Desseyn, Esquire, Attorney for Defendant hereby certify that I served a copy of the within Praecipe for Rule to File a Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Vincent M. Monfredo, Esquire Rominger&Associates 155 South Hanover Street Carlisle, PA 17013 i By: %%`•i' F-G Donal• • . r'sseyn, - •uire Attorney for Defendant BRADLEY WAISMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA M co VS. : CIVIL ACTION - LAW � : NO: 13-41931— ; JUNE B. LUTZ, Defendant :.JURY TRIAL DEMANDED r 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. BRADLEY WAISMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO: 13-4193 JUNE B. LUTZ, Defendant JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiff, Bradley Waitsman,by and through his attorney Vincent M. Monfredo,Esquire, and avers in support of their complaint as follows: PARTIES 1. Plaintiff,Bradley Waitsman(hereinafter"Plaintiff'), is an adult individual residing at 1397 Grandview Ct. Carlisle, PA 17013. 2. Defendant, June Lutz(hereinafter"Defendant")is an adult individual believed to be residing.at 634 W. Old York Rd. Carlisle, PA 17015. FACTS 3. Previous paragraphs are incorporated herein by reference. 4. On or about July 20,2011,the Plaintiff was traveling on E. High St. in Carlisle,PA on his motorcycle. 5. The Plaintiff was stopped for traffic when he was rear ended by the Defendant in her automobile. 6. The force of the impact caused the Plaintiff to be knocked off of his motorcycle. 7. The Defendant then almost ran the Plaintiff over as he was laying in the road. 8. The Defendant was cited for and pleaded guilty to Careless Driving under Title 75 Section 3714(A)of the Pennsylvania Motor Vehicle Code. COUNT I NEGLIGENCE 9. Previous paragraphs are incorporated herein by reference. 10. Defendant had a duty to Plaintiff along with other drivers on the road to drive in a safe manner and to avoid causing motor vehicle accidents. 11. Defendant breached that duty. 12. Defendant was negligent in that: a. She caused his vehicle to collide with the Plaintiff's vehicle; b. She failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. She followed too closely; d. She drove the vehicle at too great a speed that she could not stop his vehicle; e. She violated the Motor Vehicle Code of the Commonwealth of Pennsylvania; f. She failed to use ordinary care while driving in order to avoid injury to herself and others. 13. As a result of Defendant's negligence the Plaintiff suffered injuries which would not have occurred but for the negligent acts of the Defendant. 14. Plaintiff suffered physical injuries that required physical therapy along with pain and suffering, as a direct result of the negligence by Defendant. 15. Plaintiff seeks compensatory damages and damages for pain and suffering. WHEREFORE,Plaintiff requests this Honorable court award and enter Judgment in their favor in an amount in excess of the limits for compulsory arbitration,including costs of this suit. Date: !'/ / �— 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 BRADLEY WAISMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW : NO: 13-4193 JUNE B. LUTZ, : Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Vincent M. Monftedo, 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: Donald Desseyn, Esq. 4999 Louise Dr. Suite 103 Mechanicsburg, PA 17055 Respectfully submitted, ROMINGER& ASSOCIATES Vincent M. Monfr Mo, Esquire 155 South Hanover Street Carlisle,PA 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Plaintiff Dated: VERIFICATION Vincent A Monfredo, Esquire, states that he is the attorney for,Plaintiffs in 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 because he was unable to reach the Plaintiff on this day and have her sign a verification; 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. Date: Vincent M. Monfredo, Esquire Attorney for Plaintiff DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791 -0400 ATTORNEYS FOR DEFENDANT BRADLEY WAITSMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 13 -4193 E:, JUNE B. LUTZ, CIVIL ACTION — LAW car == _ , Defendant �° ''' JURY TRIAL DEMANDED '} .' C-0 CD r. S, -ca c. -71 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPL3f1T ..r, %- t AND NOW COMES, Defendant, June B. Lutz (hereinafter "Defendant "), by and through her Attorney, Donald M. Desseyn, Esquire, and files these Preliminary Objections to Plaintiff, Bradley Waitsman's (hereinafter "Plaintiff') Complaint I. BACKGROUND 1. On July 19, 2013, Plaintiff filed a Writ of Summons with the Prothonotary of Cumberland County, Pennsylvania. 2. A Rule to File a Complaint was issued on October 25, 2013. 3. Plaintiff filed his Complaint on or about November 14, 2013. A true and correct copy of the Complaint is attached hereto as Exhibit "A ". II. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE FOR FAILURE OF PLEADING TO CONFORM TO RULE 4. Defendant hereby incorporates Paragraphs 1 -3 as if fully rewritten herein. 5. Plaintiff alleges that on or about July 20, 2011, his motorcycle was struck by the Defendant's automobile while he was stopped for traffic on East High Street in Carlisle, Pennsylvania. (Exhibit "A" at Paragraphs 4 -5.) 6. Plaintiff alleges at Paragraph 8 that, "[T]he Defendant was cited for and pleaded guilty to careless driving under Title 75 Section 3714(A) of the Pennsylvania Motor Vehicle Code." (Id. at Paragraph 8.) 7. Pursuant to Pa. R.C.P. 1028(a)(2), "[p]reliminary objections may be filed by any party to any pleading are limited to the following grounds: 2. Failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter..." 8. Plaintiff's allegations as set forth at Paragraph 8 is impertinent and certainly inadmissible into evidence at the trial of this matter. Accordingly, the inclusion of the allegation is merely scandalous and should be stricken pursuant to Pa. R.C.P. 1028(a)(2). 9. Plaintiff further alleges at Paragraph 12 that Defendant was negligent in that, "e. She violated the Motor Vehicle Code of the Commonwealth of Pennsylvania." (Id. at Paragraph 12(e).) 10. Pursuant to Pa. R.C.P. 1019(a), "[t]he material facts upon which a cause of action or defense shall be stated in a concise and summary form." The Plaintiff's allegation as set forth at Paragraph 12(e) fails to conform with the applicable standards and guidelines as referenced in Pa. R.C.P. 1019(a). 11. In addition, Plaintiff alleges that he suffered physical injuries as a result of the subject accident; however, he fails to delineate the nature of those injuries. (Id. at Paragraphs 13- 14.) 12. Plaintiff has failed to comply with Pa. R.C.P. 1019(a) as he has failed to state with specificity the nature of the injuries of Plaintiff which were allegedly suffered as a result of the subject accident. 13. Accordingly, Defendant respectfully requests that Plaintiff's allegations as set forth at Paragraph 8, 12(e) and 13 -14 be stricken for failure to conform to either Pa. R.C.P. 1019(a) and/or Pa. R.C.P. 1028(a)(2) for being in contravention of applicable case law and for inclusion of scandalous and impertinent matter; or, in the alternative, Plaintiff be ordered to file an Amended Complaint to comply with Pa. R.C.P. 1019(a). WHEREFORE, Defendant June B. Lutz, respectfully requests that this Court strike Paragraphs 8, 12(e) and 13 -14 of Plaintiff's Complaint for failure to conform to applicable rule; or, in the alternative, Plaintiff be ordered to file an Amended Complaint to comply with Pa. R.C.P. 1019(a). III. PRELIMINARY OBJECTION IN THE NATURE OF A MORE SPECIFIC PLEADING ON BEHALF OF DEFENDANT JUNE B. LUTZ 14. Defendant hereby incorporates Paragraphs 1 -13 as if fully rewritten herein. 15. Pa. R.C.P. 1019(f) states that averments of time, place and items of special damages shall be specifically stated. 16. Plaintiff alleges at Paragraphs 13 -14 that he suffered physical injuries as a result of the subject accident. 17. Pursuant to Pa. R.C.P. 1019, Defendant is certainly entitled to know what injuries Plaintiff allegedly suffered as a result of a motor vehicle accident. WHEREFORE, Defendant June B. Lutz, respectfully requests that this Court strike Paragraphs 13 -14 of Plaintiff's Complaint and require Plaintiff to file a more specific pleading. IV. PRELIMINARY OBJECTIONS IN THE NATURE OF A PETITION TO ATTACK THE COMPLAINT FOR INSUFFICIENT SPECIFICITY 18. Defendant hereby incorporates Paragraphs 1 -17 as if fully rewritten herein. 19. Plaintiff's allegations as previously set forth at Paragraphs 12(e) and 13 -14 fail to comport with Pa. R.C.P. 1019(a). 20. Plaintiff has made general allegations that the Defendant somehow allegedly violated the Motor Vehicle Code of the Commonwealth of Pennsylvania. (Exhibit "A" at Paragraph 12(e).) 21. Plaintiff also has made vague allegations as to physical injuries allegedly suffered by the Plaintiff due to the motor vehicle accident. (Id. at Paragraphs 13 -14.) 22. It is recognized in the Commonwealth of Pennsylvania that non - specific boiler- plate allegations of negligence are the proper subject of a motion to strike. See, Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 602 (1983). 23. Plaintiff has failed to delineate with specificity exactly what applicable section of the Motor Vehicle Code of the Commonwealth of Pennsylvania was violated. 24. Plaintiff has also failed to delineate with any specificity as to the alleged nature of the injuries Plaintiff suffered which arose from the motor vehicle accident. (Exhibit "A" at Paragraphs 13 -14.) 25. Merely pleading boiler -plate allegations of violation of the Motor Vehicle Code or alleging ubiquitous injury is the proper subject of a Motion to Strike. Connor, 201 Pa. 306 (1983). WHEREFORE, Defendant June B. Lutz, respectfully requests that this honorable court dismiss Paragraphs 12(e) and 13 -14 of Plaintiff's Complaint for failure to conform to rule or, in the alternative, issue an Order requiring Plaintiff to plead with specificity and to amend his Complaint to comply with Pa. R.C.P. 1019(a). By: Donald • . i ess' se}mTsquire Attorney for Defendant BRADLEY WAISMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO: 13-4193 JUNE B. LUTZ, Defendant : 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. rF 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. BRADLEY WAISMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO: 13-4193 JUNE B. LUTZ, Defendant : JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiff, Bradley Waitsman, by and through his attorney Vincent M. Monfredo, Esquire, and avers in support of their complaint as follows: PARTIES 1. Plaintiff, Bradley Waitsman (hereinafter "Plaintiff), is an adult individual residing at 1397 Grandview Ct. Carlisle, PA 17013. 2. Defendant, June Lutz (hereinafter "Defendant") is an adult individual believed to be residing at 634 W. Old York Rd. Carlisle, PA 17015. FACTS 3 Previous paragraphs are incorporated herein by reference. 4. On or about July 20, 2011, the Plaintiff was traveling on E. High St. in Carlisle, PA on his motorcycle. 5. The Plaintiff was stopped for traffic when he was rear ended by the Defendant in her automobile. 6. The force of the impact caused the Plaintiff to be knocked off of his motorcycle. 7. The Defendant then almost ran the Plaintiff over as he was laying in the road. 8. The Defendant was cited for and pleaded guilty to Careless Driving under Title 75 Section 3714(A) of the Pennsylvania Motor Vehicle Code. COUNT I NEGLIGENCE 9. Previous paragraphs are incorporated herein by reference. 10. Defendant had a duty to Plaintiff along with other drivers on the road to drive in a safe manner and to avoid causing motor vehicle accidents. 11. Defendant breached that duty. 12. Defendant was negligent in that: a. She caused his vehicle to collide with the Plaintiff's vehicle; b. She failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. She followed too closely; d. She drove the vehicle at too great a speed that she could not stop his vehicle; e. She violated the Motor Vehicle Code of the Commonwealth of Pennsylvania; f. She failed to use ordinary care while driving in order to avoid injury to herself and others. 13. As a result of Defendant's negligence the Plaintiff suffered injuries which would not have occurred but for the negligent acts of the Defendant. 14. Plaintiff suffered physical injuries that required physical therapy along with pain and suffering, as a direct result of the negligence by Defendant. 15. Plaintiff seeks compensatory damages and damages for pain and suffering. WHEREFORE, Plaintiff requests this Honorable court award and enter Judgment in their favor in an amount in excess of the limits for compulsory arbitration, including costs of this suit. Date: 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 BRADLEY WAISMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. JUNE 13. LUTZ, Defendant : CIVIL ACTION - LAW NO: 13-4193 : JUR.Y 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: Dated: Donald Desseyn, Esq. 4999 Louise Dr. Suite 103 Mechanicsburg, PA 17055 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 VERIFICATION Vincent M. Monfredo, Esquire, states that he is the attorney for, Plaintiffs in 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 because he was unable to reach the Plaintiff on this day and have her sign a verification; 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. Date: incent M. Monfredo, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 27th day of February 2014, I, Donald M. Desseyn, Esquire, Attorney for Defendant hereby certify that I served a copy of the within Defendant's Preliminary Objections to Plaintiff's Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 By: %%r, Donald M. • esseyn, squire Attorney for Defendant C)P/P PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for'next Argument Court.) Defendant's Prelminary Objections to Plaintiffs Complain CAPTION OF CASE (entire caption must be stated in full) Bradley Waitsman vs. June B. Lutz No. 13 -4193 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Donald M. Desseyn, Esquire, 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 (Name and Address) Vincent M. Monfredo, Esquire, 155 South Hanover Street, Carlisle, PA 17013 (b) for defendants: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 4, 2014 Date: D.' int your name Plaintiffs Attorney for INSTRUCTIONS: 1. Original and 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 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted -0 66-‘q p4a -H`1 GL4 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) Defendant's Prelminary Objections to Plaintiffs Complain CAPTION OF CASE (entire caption must be stated in full) Bradley Waitsman June B. Lutz C) cy N �.. • r'▪ ' CD ! -- 7-70 ' vs. °o —jr - ,-• , "' c.3 No. 13 -4193 Civil rm ...) =' r _< • s o 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Donald M. Desseyn, Esquire, 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 (Name and Address) Vincent M. Monfredo, Esquire, 155 South Hanover Street, Carlisle, PA 17013 (b) for defendants: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 9, 2014 Date: 11. j ©/� rant your nam Plaintiffs Attorney for INSTRUCTIONS: 1. Original and 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 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. �w� 5/q, XpSa a Ce3P CERTIFICATE OF SERVICE AND NOW, this 17th day of March 2014, I, Donald M. Desseyn, Esquire, Attorney for Defendant hereby certify that I served a copy of the within Defendant's Praecipe to List Case for Argument on May 9, 2014 on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Donald M. esseyn, ' squire Attorney for Defendant DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 BRADLEY WAITSMAN, Plaintiff V. JUNE B. LUTZ, Defendant ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-4193 CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW REQUEST FOR ARGUMENT TO THE PROTHONOTARY: Please withdraw Defendant's Request to List the Case for Argument Court on April 4, 2014 as we now have a conflict on our schedule. By: Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 17th day of March 2014, 1, Donald M. Desseyn, Esquire, Attorney for Defendant hereby certify that I served a copy of the within Defendant's Praecipe to Withdraw Request for Argument on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 By: Dona itrIG1. esseyn, squire Attorney for Defendant BRADLEY WAITSMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW JUNE B. LUTZ, Defendant : NO. 13-4193 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J., EBERT and PECK ORDER OF COURT AND NOW, this 12th day of May, 2014, upon consideration of Defendant's Preliminary Objections, and Plaintiff having failed to file a response thereto, and following argument held on May 9, 2014, Defendant's Preliminary Objections are granted to the extent that Paragraphs 8 and 12(e) of the Complaint are stricken. It is further ordered that Plaintiff shall file a more specific pleading as to the injuries alleged in Paragraphs 13 and 14 of the Complaint. It is further ordered that Plaintiff's counsel shall provide current contact information to Defendant's counsel and further Defendant's counsel must provide any other notices and service to Plaintiff's counsel at his new address. BY THE COURT, P ( -a a rn Christee L. Peck, J. = 7-7 Vincent M. Monfredo, Esq. 5000 Ritter Road Suite 202 Mechanicsburg, PA 1 7055 Attorney for Plaintiff /Donald M. Desseyn, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant :rc COp i 'es fil.v..1 igc( s3pST BRADLEY WAISMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. JUNE B. LUTZ, Defendant : CUMBERLAND COUNTY, : CIVIL ACTION - LAW : NO: 13-4193 : JURY TRIAL DEMANDED AMENDED COMPLAINT PENT:SYLVANIA c az r,zrnW ci)f- -<> r-" >c� c:) And now comes the Plaintiff, Bradley Waitsman, by and through his attorney Vincent M. Monfredo, Esquire, and avers in support of their complaint as follows: PARTIES 1. Plaintiff, Bradley Waitsman (hereinafter "Plaintiff'), is an adult individual residing at 1397 Grandview Ct. Carlisle, PA 17013. 2. Defendant, June Lutz (hereinafter "Defendant") is an adult individual believed to be residing at 634 W. Old York Rd. Carlisle, PA 17015. FACTS 3. Previous paragraphs are incorporated herein by reference. 4. On or about July 20, 2011, the Plaintiff was traveling on E. High St. in Carlisle, PA on his motorcycle. 5 The Plaintiff was stopped for traffic when he was rear ended by the Defendant in her automobile. 6. The force of the impact caused the Plaintiff to be knocked off of his motorcycle. 7. The Defendant then almost ran the Plaintiff over as he was laying in the road. COUNTI NEGLIGENCE 8. Previous paragraphs are incorporated herein by reference. 9. Defendant had a duty to Plaintiff along with other drivers on the road to drive in a safe manner and to avoid causing motor vehicle accidents. 10. Defendant breached that duty. 11. Defendant was negligent in that: a. She caused his vehicle to collide with the Plaintiff's vehicle; b. She failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. She followed too closely; d. She drove the vehicle at too great a speed that she could not stop his vehicle; e. She failed to use ordinary care while driving in order to avoid injury to herself and others. 12. As a result of Defendant's negligence the Plaintiff suffered injuries which would not have occurred but for the negligent acts of the Defendant. 13. Plaintiff suffered physical injuries that required physical therapy along with pain and suffering, as a direct result of the negligence by Defendant. a. Plaintiff suffered injuries including, but not limited to, pain in his bilateral thigh, back and neck. b. Plaintiff performed physical therapy which improved his neck and back pain, but a procedure was needed for his bilateral thigh and groin pain. c. The pain resulting from the absence caused the Plaintiff to have constant, dull aching and sharp and stabbing pain in his thigh, which was aggravated by prolonged standing, sitting, walking, and bending forward. 14. Plaintiff seeks compensatory damages and damages for pain and suffering that occurred as a direct result of the negligence by the Defendant, including, but not limited to, missing approximately four (4) weeks of work (a loss of approximately $2,700.00), unpaid medical bills (current total unknown), and a medical lien of approximately $2,900.00. WHEREFORE, Plaintiff requests this Honorable court award and enter Judgment in their favor in an amount in excess of the limits for compulsory arbitration, including costs of this suit. Date: Respectfully submitted, Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 (717) 585-2064 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION Vincent M. Monfredo, Esquire, states that he is the attorney for, Plaintiffs in 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 because he was unable to reach the Plaintiff on this day and have her sign a verification; 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. Date: /Zit (1 Vincent M. Monfredo, Esquire Attorney for Plaintiff BRADLEY WAISMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. JUNE B. LUTZ, Defendant : CIVIL ACTION - LAW : NO: 13-4193 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy,of the Amended Complaint upon the following by depositing same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Date: 2-1 l Donald Desseyn, Esq. 4999 Louise Dr. Suite 103 Mechanicsburg, PA 17055 Respectfully submitted, Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 (717) 585-2064 Supreme Court ID # 206671 Attorney for Plaintiff DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 'LED- OFT i HE PROMO _irriv4NEYS FOR DEFENDANT MRRfAUG 20 fin 1:31 CUMBERLAND COUNTY PENNSYLVANIA BRADLEY WAITSMAN, Plaintiff v. JUNE B. LUTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-4193 CIVIL ACTION — LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW COMES, Defendant, June B. Lutz, by and through her Attorney, Donald M. Desseyn, Esquire, and for her Answer and New Matter to Plaintiff's Amended Complaint hereby states as follows: PARTIES • 1. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth at Paragraph 1 of Plaintiff's Amended Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial 2. Admitted. FACTS 3. In response to Paragraph 3 of Plaintiff's Amended Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth in Paragraphs 1- 2 as if fully set forth herein. 4. Admitted based on information and belief. 5. Denied. 6. Denied. 7. Denied. COUNT I: NEGLIGENCE 8. In response to Paragraph 8 of Plaintiff's Amended Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth in Paragraphs 1- 7 as if fully set forth herein. 9. Denied. The allegations as set forth at Paragraph 9 of Plaintiff's Amended Complaint constitute a legal conclusion to which no response is required. 10. Denied. The allegations as set forth at Paragraph 10 of Plaintiff's Amended Complaint constitute a legal conclusion to which no response is required. 11. Denied. Defendant denies the general allegations of negligence as set forth at Paragraph 11 of Plaintiff's Amended Complaint and further responds to each subpart as follows: a. -e. Denied. 12. Denied. The allegations as set forth at Paragraph 12 of Plaintiff's Amended Complaint constitute a legal conclusion to which no response is required. 13. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth at Paragraph 13 of Plaintiff's Amended Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial 14. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth at Paragraph 14 of Plaintiff's Amended Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial WHEREFORE, Defendant, demands judgment in her favor and against the Plaintiff and requests that Plaintiff's Amended Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. NEW MATTER 15. Plaintiff's Amended Complaint fails to state a cause of action upon which relief can be granted. 16. Any relief to which Plaintiff might otherwise be entitled is barred by the applicable Statute of Limitations. 17. Any damages or injuries of which Plaintiff may have sustained were proximately caused by the acts or omissions of others not presently known by this Answering Defendant. 18. Any damages or injuries Plaintiff may have suffered as alleged in his Amened Complaint were solely and proximately caused by his own negligence. 19. Defendant states that if the Plaintiff sustained any damages or injuries, such damages or injuries were directly caused or contributed to by the Plaintiff in failing to exercise ordinary care for his own safety under existing circumstances. 20. Plaintiff's failure to exercise reasonable care and/or assumption of the risk caused or contributed to cause any alleged injuries or damages of Plaintiff's Amended Complaint and therefore, Plaintiff's claims against the Defendant are barred or, in the alternative, must be diminished by an amount that is proportionately equal to Plaintiff's percentage of negligence. WHEREFORE, having fully Answered, Defendant demands judgment in her favor and against the Plaintiff and requests that Plaintiff's Amended Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. By: Donal o . esseyn, squire Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 18th day of August 2014, I, Donald M. Desseyn, Esquire, Attorney for Defendant hereby certify that I served a copy of the within Defendant's Answer and New Matter to Plaintiff's Amended Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Vincent M. Monfredo, Esquire 500 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Donald i esseyn, Esquire Attorney for Defendant • =w VERIFICATION I, June B. Lutz, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Defendant's Answer and New Matter to Plaintiff's Amended Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Defendant's Answer and New Matter to Plaintiff's Amended Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ity3litt Name: nom.- 4 • j.�s e B. Lutz a�