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Home My WebLink About13-5110 Supreme Co j� t For Prothonotar Use On Countof.Common�Pleas y y: CIVIL Cover - -� t Docket No / Cumberland's /! . County The irrforrnadon collected on this form is used solely . for court adminlSh'ation purposes. This f)rm does not supplement or replace the f ling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons ML Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Geico a /s /o John Tutka Jenne Barre T X Dollar Amount Requested: iX within arbitration limits El I Are money damages requested Yes 0 No (check one) Doutside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: William A. Addams El Check here if you have no attorney (are a Self- Represented 1Pro Sep 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 Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle El Debt Collection: Other Board of Elections Q Nuisance 0 Dept. of Transportation E] Premises Liability 0 Statutory Appeal: Other S _. Product Liability (does not include mass fort) � Employment Dispute: E M Slander /Libel/ Defamation Discrimination C M Other: Employment Dispute: Other El Zoning Board El , I E] Other: O MASS TORT Asbestos N] Tobacco 0 Toxic Tort - DES [] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 0 Ejectment [] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute EJ Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto Q Dental 0 Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical Other: 0 Other Professional: Updated 1/1/2011 c c..a --- { CD C C --t (TI WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. SOUTH ST. CARLISLE PA 17013 TELEPHONE 717 - 243 -7638 GEICO as subrogee of John Tutka, In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiff VS. Jenne Barre, No. i3- S/v0 �� L Defendant Civil Action - Law NOTICE 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 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. Legal Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717 - 249 -3166 Dated: August 27, 2013 William Addams -4� 1—ca �p�-a as7a� 2 WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. SOUTH ST. CARLISLE PA 17013 TELEPHONE 717 - 243 -7638 GEICO as subrogee of John Tutka, In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiff vs. Jenne Barre, No. Defendant Civil Action - Law COMPLAINT AND now comes the plaintiff, GEICO, by its attorney, William A. Addams, and makes the following 1. The plaintiff is GEICO, a corporation authorized to conduct insurance business in the Commonwealth of Pennsylvania with its offices and principal place of business at One GEICO Boulevard, Fredericksburg, VA 22412 -0001. 2. The defendant is Jenne Barre, an adult individual residing at 630 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, PA 17055. 3. The plaintiff issued a policy of automobile insurance to John Tutka of Mechanicsburg, which was in effect on November 29, 2012. 4. Mr. Tutka was the owner of a 2010 Nissan Sentra which he was driving on November 29, 2012 traveling east on Simpson Street approaching the intersection with Broad Street in Mechanicsburg. At that time the defendant was driving a Honda and was negligently and carelessly traveling north on Broad Street, which is one -way south and collided with the Nissan causing the damage hereinafter set forth. 5. Defendant Barre was negligent and careless in: a. Traveling in the wrong direction on a one -way street; b. Failing to yield the right of way; C. Failing to observe the other vehicle in time to avoid a collision; and d. Failing to have her vehicle under control. 6. As a result of the negligence and carelessness of the defendant, the Nissan was a total loss. The vehicle had an actual cash value of $15,093.75 and a net salvage value of $1,938.00 resulting in a loss of $13,155.75. 7. Plaintiff's policy provided coverage for the collision loss and is subrogated to the rights of its insured. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $13,155.75, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. William A. Add ms Attorney for the Plaintiff i VERIFICATION William A. Addams hereby verifies that he is the attorney for the Plaintiff corporation, which is outside the jurisdiction of the court, that he is authorized to and does make this verification on its behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. Date: August 26, 2013 illiam A. Addams w SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy '`' ' 4 r Richard W Stewart SolicitorF, <,tr" PEHMSYLVAH'A . Geico a/s/o John Tutka vs. Case Number Jenne Barre 2013-5110 SHERIFF'S RETURN OF SERVICE 09/04/2013 11:55 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jenne Barre, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 630 Cumberland Pointe Circle, Upper Allen, Mechanicsburg, PA 17055. Deputies were advised by current tenant that the defendant never lived at this address. 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jenne Barre, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 609 Geneva Drive,Apt. B24, Upper Allen, Mechanicsburg, PA 17055. Deputies were advised by current tenant that the defendant never lived at this address. SHERIFF COST: $38.46 SO ANSWERS, September 27, 2013 RON ~ R ANDERSON, SHERIFF .ounbiSui-Sheriff'„eosot:.!..,,. • 1 (CIIIGINAL BENNETT,BRICKLIN & SALTZBURG LLC ATTORNEYS FOR DEFENDANT BY: CURTIS C. JOHNSTON Jenne Barre ATTORNEY I.D. NO. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 GEICO, as subrogee of John Tutka • COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY • vs. • • • JENNE BARRE : NO. 13-5110 rn ° _ Defendant • �X> co ENTRY OF APPEARANCE -v z c7 c Kindly enter the appearance of this firm on behalf of Defendant Jenne Barre�e bov captioned matter. All documents filed in the matter hereafter may be served upon me at-the addreis noted above. BENNETT, BRICKLIN& SALTZBURG LLC BY: J: Curtis C. Johns.'1 •ttorneys for )efendant Jenne Barre Date: /O- /7- (3 • . BENNETT, BRICKLIN & SALTZBURG LLC ATTORNEYS FOR DEFENDANT BY: CURTIS C. JOHNSTON Jenne Barre ATTORNEY I.D. NO. 64059 222 EAST ORANGE STREET LANCASTER,PA 17602 (717) 393-4400 GEICO, as subrogee of John Tutka • COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY • vs. • • JENNE BARRE • NO. 13-5110 Defendant • CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of my Entry of Appearance has been served on this date on all interested counsel by regular mail,postage pre-paid, addressed as follows: William A. Addams, Esquire 43 W. South Street Carlisle,PA 17013 BENNETT,BRICKLIN & SALTZBURG LLC BY: e-,(1 .0 -� Curtis C. Johnst• ttorney for Defendant / Jenne Barre Date: t ° �� 13 9 ORIGINAL C i 3 f O N 3 i k To the within named parties,you are hereby notified to plead to the enclosed New Matter within twenty 2313 NOV -6 AN 11: 1 7 (20)days from service hereof or a judgment may be entered against you. OUMOERLAND COUNTY PENNSYLVANIA U 0 ..[►r►l: >t1 CURTIS C.JOHN VAN BENNETT, BRICKLIN & SALTZBURG LLC ATTORNEYS FOR DEFENDANT BY: CURTIS C. JOHNSTON Jenne Barre ATTORNEY I.D. NO. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717)393-4400 GEICO, as subrogee of John Tutka • COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY vs. • JENNE BARRE • NO. 13-5110 Defendant • DEFENDANT, JENNE BARRE'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Denied as stated. The averments contained in Paragraph 1 of Plaintiff's Complaint constitute conclusions of law to which no response is required. By way of further answer, after reasonable investigation, Defendant, Jenne Barre (hereinafter "Answering Defendant") lacks information or knowledge sufficient to form a belief as to the truth of the matter averred. Strict proof thereof, if relevant, is demanded at trial. 2. Denied as stated. It is admitted only that Answering Defendant maintains a current residence address at 609 Geneva Drive, Apt. 12, Mechanicsburg, PA 17055.. 3. Denied as stated. The averments contained in Paragraph 3 of Plaintiff's Complaint constitute conclusions of law to which no response is required. By way of further answer, after reasonable investigation,Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the matter averred. Strict proof thereof, if relevant, is demanded at trial. 1 , 4. Denied as stated. The averments contained in Paragraph 4 of Plaintiff's Complaint constitute conclusions of law to which no response is required. By way of further answer, it is admitted only that Answering Defendant was involved in an accident on the date, time and place alleged in Plaintiff's Complaint. The remaining averments are generally denied pursuant to Pa.R.C.P. No. 1029(e). Strict proof thereof, if relevant, is demanded at trial. 5.(a)-(d) Denied as stated. The averments contained in Paragraph 5(a)-(d) of Plaintiff's constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa.R.C.P. No. 1029(e). Strict proof thereof, if relevant, is demanded at trial. 6. Denied as stated. The averments contained in Paragraph 6 of Plaintiff's constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa.R.C.P. No. 1029(e). Strict proof thereof, if relevant, is demanded at trial. 7. Denied as stated. The averments contained in Paragraph 7 of Plaintiff's constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa.R.C.P. No. 1029(e). Strict proof thereof, if relevant, is demanded at trial. WHEREFORE, Defendant, Jenne Barre, respectfully requests that judgment be entered in her favor and against Plaintiff,plus all other relief available under law. NEW MATTER Answering Defendant hereby asserts the following New Matter in accordance with Pa.R.C.P. Rule 1030 and states as follows: 8. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 9. Plaintiff' injuries and/or damages claims are barred in full or in part to the extent that they were not proximately caused by the subject accident. 10. Plaintiff's claims are barred to the extent that Plaintiff failed to mitigate its damages. 2 11. Answering Defendant hereby asserts as though more fully set forth herein those affirmative defenses set forth in Pa. R.C.P. Rule 1030(a). 12. Answering Defendant hereby reserves the right to assert any other affirmative defenses determined to be applicable as a result of discovery to be completed in this litigation. WHEREFORE, Defendant, Jenne Barre, respectfully requests that judgment be entered in her favor and against Plaintiff, plus all other relief available under law. BENNETT, BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston ES torney for Defendant Jenne Bane Date: November 5, 2013 3 VERIFICATION I verify that the statements made in the foregoing Defendant, Jenne Barre's Answer to Plai nti Ff s Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct,and as to facts based on the information of others,the undersigned,after diligent inquiry,believes them to be true. And further, as to language and averments which may constitute legal conclusions, I sign this verification on the recommendation of my attorneys who advise that the allegations and language in Defendant Jenne Barre's Answer to Plaintiff's Complaint with New Matter constituting legal conclusions are required legally to raise issues for resolution at trial,by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. Date Jenne Barre d 09689917L LL P!1MoW e9£:90£L L£100 BENNETT, BRICKLIN & SALTZBURG LLC ATTORNEYS FOR DEFENDANT BY: CURTIS C. JOHNSTON Jenne Barre ATTORNEY I.D. NO. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717)393-4400 GEICO, as subrogee of John Tutka • COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY • vs. • • JENNE BARRE • NO. 13-5110 Defendant • CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Defendant Jenne Barre's Answer to Plaintiffs Complaint with New Matter has been served on this date on all interested counsel by regular mail, postage pre-paid, addressed as follows: William A. Addams, Esquire 43 W. South Street Carlisle, PA 17013 BENNETT,BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston,Csj:14.A.01-"TA rney for Defendant Jenne Barre Date: November 5, 2013 I fir PRO1 H0 0 lt1 2013 NOV 13 AM 10: 13 WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 CUMBERLAND COUNTY 43 W. SOUTH ST. PENNSYLVANIA CARLISLE PA 17013 TELEPHONE 717-243-7638 GEICO as subrogee of John Tutka, In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiff vs. Jenne Barre, No. 13-5110 Defendant Civil Action- Law PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER 1 -7. The allegations in Plaintiff's Complaint are incorporated herein by reference. REPLY TO NEW MATTER 8. The Defendant's conclusion of law and fact are denied. 9-12. Reply to Paragraph 8 is incorporated herein by reference. WHEREFORE the Plaintiff requests the Defendant's New Matter be dismissed. Dated: November 7, 2013 °' Z,A.1 eZ„ William A. Ad ams Attorney for the Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that on this the 7'H day of November, 2013, a true and correct copy of Plaintiff's Reply to Defendant's Answer with New Matter was served via first class mail upon the following counsel: CURTIS C. JOHNSTON, ESQ. BENNETT, BRICKLIN & SALTZBURG, LLC 222 EAST ORANGE ST LANCASTER, PA 17602 Wil iam A. A.dams Attorney for Plaintiff 43 W. South Street Carlisle, PA 17013 717-243-7638 GEICO a/s/o John In the Court of Common Pleas of Tutka Cumberland County, Pennsylvania No. 13-5110 Civil Term Civil Action- Law vs Jenne Barre PRAECIPE Sir: Please mark this action settled and discontinued. r if4,'_: C David D. Buell, Prothonotary /4' 20 Attorney Info: 6G' -G William A.Addams Attorne for Plaintiff 43 W.South St. Carlisle,PA 17013