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HomeMy WebLinkAbout13-4664 Supreme C CoIII't "Of *Cornlm0 Pleas For Prothonotary Use Only: "� ( 'Y I� C��vtl�kC��'er Docket No: FS�q 1 CUM8ER / ° y � Count ( , O (, L � The information collected on this form is used solely 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: M Complaint 0 Writ of Summons Petition G S © Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: GINA SIMCOX KURIN WICKARD T Dollar Amount Requested: CXJ within arbitration limits I Are money damages requested? X Yes D No (check one) ®outside arbitration limits O i N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: VINCENT M. MONFREDO, ESQUIRE D Check here if you have no attorney (are a Self - Represented [Pro Sel 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 snaking more than one type of claim, check the one that you consider most important. TORT (do not include Mass Ton) CONTRACT (do not include Judgments) CIVIL APPEALS l Intentional El Buyer Plaintiff Administrative Agencies ® Malicious Prosecution Q Debt Collection: Credit Card ® Board of Assessment h Motor Vehicle r-3 Debt Collection: Other ® Board of Elections Nuisance 0 Dept. of Transportation Premises Liability n Statutory Appeal: Other S Product Liability (does not include mass tort) Employment Dispute: E Slander/Libel/ Defamation Discrimination C ❑Other: [3 Employment Dispute: Other Q Zoning Board T Other: I [3 Other: O MASS TORT E] Asbestos N ® Tobacco J Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment 0 Common Law /Statutory Arbitration B ❑Other: © Eminent Domain /Condemnation II Declaratory Judgment n Ground Rent ® Mandamus 0 Landlord /Tenant Dispute 0 Non- Domestic Relations [3 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY © Mortgage Foreclosure: Commercial 13 Quo Warranto Dental nF-j Partition ® Replevin © Legal ® Quiet Title 13 Other: Q Medical ® Other: ® Other Professional: Updated 1/1/2011 GINA SIMCOX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO:13- q,6 0 C u" - 7 - e f-M KURIN WICKARD, Defendant : JURY TRIAL DEMANDED, '-r rn PRAECIPE FOR WRIT OF SUMMONS z :;o G-:� -<� a r — 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 17013. Date: e-7 f3 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 -6070 Supreme Court ID # 206671 C� Io ?Sip WRIT OF SUMMONS C " tt , x.3.3 To The Above Named Defendants: Kurin Wickard 634 South Bedford Street Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. x Prothonotary Date: C. Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Jody S Smith # Chief Deputy 2013AUG 14 AM 10' 23 Richard W Stewart C�.1MBERLAW �:O j Y Solicitor OFF 1 EOFTH SuERIFF � PEWIS` LL 'A IA Gina Frances Simcox Case Number vs. Kurin Wickard 2013-4664 SHERIFF'S RETURN OF SERVICE 08/12/2013 08:42 PM -Deputy Ryan Burgett, 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: Kurin Wickard at 634 South Bedford Street, Carlisle Borough, Carlisle, PA 17013. RYAN BURGETT, DEPU SHERIFF COST: $35.24 SO ANSWERS, August 13, 2013 RONW R ANDERSON, SHERIFF tc1 CountySuito Sheriff,Teleosoft.Inc. FILED-OFFICE ORIGINAL CF T i pia: PRO i HON0TArt'E 20113 SEP -3 PM 2: 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GINA SIMCOX, Plaintiff NO 13-4664-Civil Term V. KURIN WICKARD, JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: C3 BY: i George H. Eager.!6 quire Attorney for Drefakd'ant I.D. No. 277 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Vincent M. Monfredo, Esquire Rominger&Associates 155 South Hanover Street Carlisle, PA 17013 EAGER, STENGEL, QUINN & SOFILKA DATE:_O 8 ,-z b-3 _ BY: George H. Eager, uhe Attorney for De7" e I I.D. No. 27740 1347 Fruitville i Lancaster, PA 17601 (717) 290-7971 s � a -4 AMW-41 da ��91NAL CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GINA SIMCOX, Plaintiff NO 13-4664-Civil Term V. KURIN WICKARD, JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: David D. Buell, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, STENGEL, QUINN & SOFILKA DATE: 0 9 1031 3 BY: George HoEar, squire Attorney fndant I.D. No. 2 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this qday of , 2013 a Rule ha been entered upon the Plaintiff as above directed. rot notary r i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Vincent M. Monfredo, Esquire Rominger&Associates 155 South Hanover Street Carlisle, PA 17013 EAGER, STENGEL, QUINN & SOFILKA DATE: U d3 � BY: George H. age Attorney for DeI.D. No. 27740 1347 Fruitville Lancaster, PA 17601 (717) 290-7971 GINA SIMCOX , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MM : NO: 13-4664 :2,M M FI KURIN WICKARD, Defendant : JURY TRIAL DEMANDED _+c, NOTICE TO DEFEND C-0 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 1NFORAMTION 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. C GINA SIMCOX , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 13-4664 KURIN WICKARD, Defendant : JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiff, Gina Simcox,by and through her attorney Vincent M. Monfredo, Esquire, and avers in support of their complaint as follows: PARTIES 1. Plaintiff, Gina Simcox(hereinafter"Plaintiff'), is an adult individual residing at 634 S. Bedford St. Carlisle, PA 17013. 2. Defendant, Kurin Wickard (hereinafter"Defendant") is an adult individual believed to be residing at 346 E. North St. Carlisle, PA 17013. FACTS 3. Previous paragraphs are incorporated herein by reference. 4. On or about August 9, 2011, the Plaintiff was traveling near the intersection of Giant Lane and York Road in Carlisle, PA. 5. Plaintiff was at the traffic light when she was rear ended by the Defendant. 6. The Defendant was cited for Failing to Obey Traffic Control Devices under Section 3111 of Title 75 of the Pennsylvania Motor Vehicle Code. COUNT NEGLIGENCE 7. Previous paragraphs are incorporated herein by reference. 8. 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. 9. Defendant breached that duty. 10. Defendant was negligent in that: a. He caused.his vehicle to collide with the Plaintiff's vehicle; b. He failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. He followed too closely; d. He drove the vehicle at too great a speed that he could not stop his vehicle; e. He violated the Motor Vehicle Code of the Commonwealth of Pennsylvania; f. He failed to use ordinary care while driving in order to avoid injury to himself and others. 11. As a result of Defendant's negligence the Plaintiff suffered injuries which would not have occurred but for the negligent acts of the Defendant. 12'. Plaintiff suffered physical injuries to her back and neck along with pain and suffering, as a direct result of the negligence by Defendant. 13. Plaintiff's physical injuries caused by the Defendant consist of, but are not limited to lumbar joint dysfunction, sacral joint dysfunction, pelvic joint dysfunction, thoracic joint dysfunction, cervical joint dysfunction, low back pain, thoracic pain, cervicalgia, muscle spasms, and ligamentous instability. 14. 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: OJ Respectfully submitted, ROMINGER & ASSOCIATES el" — 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: Vincent M. Monfredo, Esquire Attorney for Plaintiff GINA SIMCOX , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: 13-4664 KURIN W ICKARD, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF'SERVICE 1, 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: George H. Eager, Esq. 1347 Fruitville Pike Lancaster, PA 17601 Respectfully submitted, ROMINGER& ASSOCIATES incept M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Plaintiff Dated: ay 3 R 114 )t 1' t 1 � kt .r"- ' '�� uyTA�, Yi fOfWAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GINA SIMCOX, Plaintiff v. NO 13- 4664 -Civil Term KURIN WICKARD, JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: PARTIES 1.- 2. Admitted. FACTS 3. Paragraphs 1 through 2 of Defendant's Answer are incorporated herein by reference as though fully set forth. 4 -6. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). COUNT I — NEGLIGENCE 7 Paragraphs 1 through 6 of Defendant's Answer are incorporated herein by reference as though fully set forth. 8 -14. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 15. Paragraphs 1 through 14 inclusive above are incorporated herein by reference and made a part hereof. 16. Plaintiff's recovery is barred and /or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to him under the aforementioned act. 17. Plaintiff's claims are barred and /or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 18. Plaintiff's claims are barred and /or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 19. Plaintiff's claims are barred and /or limited by the preclusion of pleading, proving and /or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 20. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: 07 /1 /i /V BY: George H. Eager, - quire Attorney for De.- ndant I.D. No. 277, d 1347 Fruit -ille Pike Lancaster, PA 17601 (717) 290 -7971 VERIFICATION I, Kurin Wickard, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Dated: 00 /2 /y KURIN WICKARD CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 DATE: °yid) k BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, . quire Attorney for Def- dant I.D. No. 2774c 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 •L . CRi� "lI _ _( APR 114 PN 1: 141 CUMEE RLAINQ COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GINA SIMCOX, Plaintiff v. NO 13- 4664 -Civil Term KURIN WICKARD, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 DATE: (41/_9_ BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, Attorney for Defe I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 Tj. NO.) ?614 APP f 4 Pi -i 1: 4 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GINA SIMCOX, Plaintiff v. NO 13- 4664 -Civil Term KURIN WICKARD, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 DATE: 0 1.4I) )11 BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eag , squire Attorney for D- endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971