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HomeMy WebLinkAbout14-5445 Supreme Coo „Pennsylvania Cour .n�-Comm0 Pleas For Prothonotary Use Only: C1< ilor�Shet ' Docket No: l A CU B RI-Nb ^ ' r County The information collected on this.form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S [3 Complaint El Writ of Summons El Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T I Are money damages requested? Yes No Dollar Amount Requested: within arbitration limits (check one) ®x- outside arbitration limits O N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? [3 Yes El No A Name of Plaintiff/Appellant's Attorney: Vincent Monfredo ® 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 0 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment Motor Vehicle ® Debt Collection:Other ® Board of Elections 0 Nuisance 81 Dept.of Transportation ® Premises Liability Statutory Appeal:Other S ® Product Liability(does not include E mass tort) 0 Employment Dispute: Q Slander/Libel/Defamation Discrimination C ® Other: [3 Employment Dispute:Other [3 Zoning Board ,I, ® Other: I ®Other: O MASS TORT ® Asbestos N ® Tobacco 0 Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ®Ejectment 13 Common Law/Statutory Arbitration B ® Other: Eminent Domain/Condemnation ®Declaratory Judgment 0 Ground Rent Mandamus El Landlord/Tenant Dispute Non-Domestic Relations ©Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYQuo Warranto �Mortgage Foreclosure:Commercial Dental ®Partition 0 Replevin El Legal ® Quiet Title [3 Other: 0 Medical ®Other: Other Professional: Updated 1/1/2011 JOAN JADUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL A�T�O�- LW NO: 777 civil -.NI BRENDA A. COOK, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS rnCo , �rn -; , s— To the Prothonotary: c� Please issue a writ of summons in the above captioned action. c E5 " Writ of Summons shall be issued and forwarded to the Sheriff for service. --5 c_n -< cn Date: /<�� / Respectfully submitted, incent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 717.585.2064 Supreme Court ID# 206671 Attorney for Plaintiff WRIT OF SUMMONS To The Above Named Defendants: Brenda Cook .. 13 Raspberry Dr. Mechanicsburg, PA 17050 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND, COUNTY r EAL: (4,,A " tivSEP 30 PM 3: 14 2 Richard W Stewart AUNBEFLANO COUNTY Solicitor OFF ,1 OF Ti-tE 5•%PERIFFENNSYLVANIA Joan Jadus vs. Brenda A Cook Case Number 2014-5445 SHERIFF'S RETURN OF SERVICE 09/19/2014 04:21 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Brenda A Cook at 13 Raspberry Drive, Silver Spring, Mechanicsburg, PA 17050. 4A/ SON KINSLER, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, September 22, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuito Shoriff, Teleosoft, F:\FILES\Clients\3050 Donegal\3050 Current \3050.724\3050.724.pral.wpd Revised. 12/2/14 4:00PM Daniel K. Deardorff, Esquire MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant r THE ►'RO 1 HONG i 21111 DEC -3 PM 2: 21 GU PE N11SYLVAN A COUNTY JOAN JADUS, Plaintiff v. BRENDA A. COOK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-5445 : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of the Defendant, Brenda A. Cook, in the above matter. Issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Dated: 19113114 AND NOW, this day of MARTSON LAW OFFICES Daniel K. Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Brenda Cook RULE L.Pet. l.4► , 2014, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Prothonotary CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Vincent M. Monfredo, Esquire 3300 Trindle Road Second Floor. Camp Hill, PA 17011 MART N LAW • ICES al S AV ThIRT By Dated: 19 13 I\‘ -f 10 East High Street Carlisle, PA 17013 (717) 243-3341 JOAN JADUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. BRENDA A. COOK, : CIVIL ACTION - LAW : NO: 14-5445 • Defendant : JURY TRIAL DEMANDED NOTICE TO -DEFEND c 7; N? fzt You have been sued in court. If you wish to defend against the claims set forth inihe 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_h. axing 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. JOAN JADUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: 14-5445 BRENDA A. COOK, Defendant : JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiff, Joan Jadus, by and through her attorney Vincent M. Monfredo, Esquire, and avers in support of their complaint as follows: PARTIES 1. Plaintiff, Joan Jadus (hereinafter "Plaintiff'), is an adult individual residing at 6328 Chesterfield Ln. Mechanicsburg, PA 17050. 2. Defendant, Brenda Cook (hereinafter "Defendant") is an adult individual believed to be residing at 13 Raspberry Drive, Silver Spring, Mechanicsburg, PA 17050. FACTS 3. Previous paragraphs are incorporated herein by reference. 4. On or about September 18, 2012, the Plaintiff was traveling across the Carlisle Pike where it intersects with Salem Church Rd. and Lambs Gap Rd. 5. The Defendant was traveling on the Carlisle Pike. 6. The Defendant failed to stop at a traffic light. 7. The Defendant struck the Plaintiffs vehicle after proceeding through the red light without stopping. COUNT I 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 failed to stop at a red light; 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. 12. As a direct 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 and pain to her eye, head, chest and back. 14. Plaintiff feared driving for approximately one month after the accident. 1.5. 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. Dated: Vincent M. Monfredo,, Esq. Monfredo and Mandarino 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 PA ID 206671 Phone: 717.635.8747 vmonfredo@gmai1.com VERIFICATION Vincent M. Monfredo, Esquire, states that he is the attorney for, Plaintiff 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 JOAN JADUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. BRENDA A. COOK, : CIVIL ACTION - LAW : NO: 14-5445 Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Complaint upon the following by HAND DELIVERY addressed as follows: Daniel Deardorff, Esq. Martson Law Offices 10 East High St. Carlisle, PA 17013 Dated: / ' --Z2- r, Vincent M. Monfredo, Esq. Monfredo and Mandarino 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 PA ID 206671 Phone: 717.635.8747 vmonfredo@gmail.com 4- F:\FILES\Clients\3050 Donegal\3050 Curcent\3050.724\3050.724.ans l .wpd Revised: 12/23/14 10:12AM Daniel K. Deardorff, Esquire MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant It DEC 23 Al 10: 15 CUMBERLAND C(lUt,I PENNSYLVANIA JOAN JADUS, v. BRENDA A. COOK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-5445 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: JOAN JADUS, Plaintiff, and her attorney, VINCENT M. MONFREDO, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Joan Jadus, by and through her attorneys, MARTSON LAW OFFICES, and hereby responds to Plaintiff's Complaint as follows: 1-5. Admitted. 6-15. These averments are denied pursuant to Pa. R.C.P. 1029(e). Proof thereof is demanded. WHEREFORE, Defendant demands Judgment in her favor against Plaintiff. NEW MATTER 16. Plaintiff denied any injury after the accident. 17. Defendant reserves the right to add additional New Matter based on information received from upcoming discovery in this case. 18. Plaintiff's cause of action may be barred by the statute of limitations. 19. Plaintiff's recovery, if any, may be diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. 20. Plaintiffs alleged injuries were not caused by this accident. 21. Defendant was following a truck as she was proceeding through the intersection and could not see the traffic signal because it was obstructed by the truck. WHEREFORE, Defendant demands judgment in her favor against Plaintiff. Date: 12/23/14 Respectfully Submitted, MARTSON LAW OFFICES By )J 1 Daniel K. Deardorff, Esquire I.D. No.17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION Daniel K. Deardorff, Esquire, of the firm of MARTSON LAW OFFICES, attorneys for Defendant Brenda Cook in the within action, certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief, based upon information provided by Brenda Cook. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1D, Daniel K. Deardorff CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Vincent M. Monfredo, Esquire 3300 Trindle Road Second Floor Camp Hill, PA 17011 MARTSON LAW OFF By i ktif Ami J. Thu a 10 East High treet Carlisle, PA 17013 (717) 243-3341 Dated: 12/23/14 FAFILES \ Clients \3050 Donegal\ 3050 eurrent13050.724 \3050.724.pralwpd Revised: 12/23/14 9:57AM Daniel K. Deardorff, Esquire MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant r •THF-P•ROTOO DEC 29 Ph 1 7 ,UMBEFLAND COUNTY PENNSYLVANIA JOAN JADUS, Plaintiff v. BRENDA A. COOK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-5445 : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the attached Verification in Defendant's Answer with New Matter to Plaintiffs Complaint. Dated: MARTSON LAW OFFICES By Daniel K. Deardorff, Esqu 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Brenda Cook VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. al Brenda A. Cook F:\FILES\Clients0050 Donegal\3050 Current \3050.724\3050.724.ansl .wpd CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Vincent M. Monfredo, Esquire 3300 Trindle Road Second Floor Camp Hill, PA 17011 MARTSON LAW J. Th 10 East Hig Street Carlisle, PA 17013 (717) 243-3341 Dated: N 1Lf