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Home My WebLink About14-6202 Supreme Coif' 4o `Pennsylvania RN COUr Of ommo Pleas For Prothonotary Use Only: � Docket No: Cu, erland y 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 of pleadings or other papers as required by law or rules of court. Commencement of Action: S X, Complaint M Writ of Summons r-11Petition 0 Transfer from Another Jurisdiction Declaration of Taking : E C Lead Plaintiff's Name: Lead Defendant's Name: ,I, Jenna Penrod Janmarie Willman Dollar Amount Requested: O within arbitration limits I Are money damages requested? ER Yes 0 No (check one) [Eoutside arbitration limits IO i N Is this a Class Action Suit? 1.7 Yes 0 No Is this an MDJAppeal? Yes i No ! IA Name of Plaintiff/Appellant's Attorney: David L. Lutz, Esquire, counsel for Plaintiff Check here if you have no attorney(are a Self-Represented [Pro Sej 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 ! El Intentional 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution Debt Collection: Credit Card Board of Assessment x Motor Vehicle Debt Collection: Other Board of Elections I Nuisance _ Dept.of Transportation Q Premises Liability LrJ Statutory Appeal: Other S C! Product Liability(does not include mass tort) 0 Employment Dispute: E Slander/Libel/Defamation Discrimination C Other: 0 Employment Dispute:Other r-11ZoningBoard T —' Other: I I Q Other: o MASS TORT j Ci Asbestos ' N ® Tobacco 1 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment Other: E3Common Law/Statutory Arbitration B M Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus ! 71 Landlord/Tenant Dispute [3 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order i PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial -1 Quo Warranto r] Dental Partition Replevin 0 Legal E] Quiet Title Other: ! ® Medical ® Other: j Fil Other Professional: i Updated 1/1/2011 t,f4 f.. 2014CIT 22 �j 1: 20 CUMBERL rtiIS`r'I„'MN1A ANGINO&LUTZ,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiffs E-mail:dlutz@anginolutz.com JENNA PENROD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. NO. 1 `7-jpADO 0�1-1 JANMARIE WILLMAN, CIVIL ACTION—LAW 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. S a c 9Y&X7t 557833 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 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 Telephone number- 717- 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de Jos pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 557833 ANGINO.&LUTZ,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiffs E-mail:dlutz@anginolutz.com JENNA PENROD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. NO. JANMARIE WILLMAN, CIVIL ACTION—LAW Defendant. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Jenna Penrod is an adult individual and resident of Carlisle, Cumberland County,Pennsylvania. 2. Defendant Janmarie Willman is an adult individual residing at 527 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The facts and occurrences hereinafter related took place on or about February 27, 2014, at the intersection of Lower Allen Drive and Gettysburg Road, Cumberland County,, Pennsylvania. 4. At that time and place, Plaintiff Jenna Penrod was operating a Hyundai Elantra traveling north on Lower Allen Drive. 5. Ms. Penrod brought her vehicle to a stop at the red traffic light at the intersection of Lower Allen Drive and Gettysburg Road. 6. At that same time and place, Defendant Janmarie Willman was operating a Kia, also traveling north on Lower Allen Drive. 557833 7. Defendant Janmarie Willman was intoxicated and unfit to safely operate a motor vehicle at the time of the subject collision. 8. Given her intoxication, Defendant Janmarie Willman failed to stop her vehicle in sufficient time before colliding into the rear of Ms. Penrod's stationary vehicle. 9. As a direct result of her consumption of alcohol before the subject motor vehicle collision,Defendant Janmarie Willman was unfit to safely operate a motor vehicle. 10. Defendant Janmarie Willman's blood alcohol content at the time of the subject motor-vehicle collision was .231%. 11. As a result of Defendant Janmarie Willman's failure to stop her vehicle before colliding into the rear of Ms. Penrod's stationary vehicle, the collision caused Ms. Penrod personal injury. 12. The foregoing motor vehicle collision and all of the damages sustained by Plaintiff Jenna Penrod are the direct and proximate result of the negligent, careless, wanton, outrageous, and reckless manner in which Defendant Janmarie Willman operated her motor vehicle as follows: a. failure to properly control her motor vehicle and failure to abide by the Assured Clear Distance Ahead Rule; b. driving her motor vehicle while intoxicated and unfit to safely operate her vehicle; C. failure to stop her vehicle before colliding into the rear of the stationary vehicle in front of her; 531447 2 d. driving her vehicle in a manner endangering persons and property and with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. Defendant Janmarie Willman's conduct was outrageous, justifying punitive damages given her reckless indifference to the rights and safety of other motor vehicle operators. 14. Plaintiff Jenna Penrod.sustained painful and severe injuries which include but are not limited to head pain, neck pain, right shoulder pain, concussion, headache, nausea, and upper back pain. 15. Plaintiff Jenna Penrod was forced to incur liability for medical treatment and physical therapy, and claim is made therefor. 16. Plaintiff Jenna Penrod has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment,.and claim is made therefor. 17. Plaintiff Jenna Penrod continues to be plagued by persistent pain and limitation and avers that her injuries are of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 18. As a result of the aforementioned injuries, Plaintiff Jenna Penrod has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 19. As a result of the aforesaid injuries, Plaintiff Jenna Penrod has sustained uncompensated work loss, and claim is made therefor. 531447 3 WHEREFORE, Plaintiff Jenna Penrod demands judgment against Defendant Janmarie Willman for compensatory and punitive damages in an amount in excess of Fifty Thousand Dollars ($50,000.00); exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. NGS O & LUTZ, P.C. D N' 5 tz I.D. No956 4503 N. Front Street_ Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz@anginolutz.com Attorney for Plaintiffs Date: 531447 4 VERIFICATION 1, Jenna Penrod, Plaintiff have read the foregoing C UMPLAINT.:and do hereby swear or affirm that the facts set forth in the.foregoing are true and correct to the'be.st of my knowledge; information and belief. I understand that this Verification is made subject to the.penalties of 18 Pa. Cons. Stat. Ann. §4904,relating to unsworn falsification to authorities. WITNESS: J- J Jenna Penrod J Dated: 557833 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -LEO-OFfiCE Sheriff L i= THE PRO EHQNi I'AR'`, �pt�3xw b4 l,�iLRpUCy^�L Jody S tySmith 2014 NOV -3 3: 55 Dep Chief Deputy u Richard W Stewart = " CUMBERLAND COUNTY Solicitor PENNSYLVANIA Jenna Penrod vs. Janmarie Willman Case Number 2014-6202 SHERIFF'S RETURN OF SERVICE 10/24/2014 03:50 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Janmarie Willman at 527 Bedford Court, Hampden Township, Mechanicsburg, PA 17050. 4 l �� IE DIMARTILE, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, October 27, 2014 RONf' R ANDERSON, SHERIFF (C) CountySuite Sheriff, Te eosoft, len. :10 To: David L Lutz, Esquire, Attorney ID# 35956 and the Court of Common Pleas of Cumberland County From: Janmarie Willman in Civil Action Law Suit Number 14-6202 Date: November 11, 2014 Sir: I, Janmarie Willman, hereby respectfully wish to defend against the claims set forth in the Complaint and Notice served to me around 4:00 on Friday, October 22, 2014. I did rear end Miss Jenna Penrod on February 27, 2014 and was arrested for a DUI offense. There were no vehicle damage on either car. 1 am in the ARD program and am on probation for 6 months. I lost my driver's license for 60 days. I am currently paying offthe related fines. When I reported this incident to my insurance company, Nationwide: agent Anastasios Trispagonas, I was told that Miss Penrod reported that she had suffered a sore neck. Thankfully! Mr. Robert Ardoline, Nationwide Claims Associate, is currently assigned to Miss Penrod's bodily injury claim. The police report states that my Insurance company is Geico which I have not had for at least 8 years. I, Janmarie Willman, early retiree from 28 years of school teaching due to disabilities including hypertension, advanced degenerative disc disease which is untreatable except for pain management via Dr. Santos, neuropathy, and diabetes, am respected and respectful. I humbly accept the legal consequences of my poor decision to drive on February 27. I was grateful that Miss Penrod had only suffered a sore neck. Now, 8 months later, I am served papers stating that Miss Penrod "sustained painful and severe injuries." My insurance company has been handling a "bodily injury claim" by Miss Penrod. I have been under the impression that Miss Penrod will be compensated in the near future. 1 have been on Retirement Disability since March, 2013. I receive 60% of my former pay. I have no assests. I -rent an apartmentthat I -have resided in since 2004. I can provide you with a detailed budget at your request. Thank you for your time, Janmarie Willman i• CO 21114 OCT 22 Ph 1: 2 C 1.114 <<,_/ C'0ta.:. Pi,. � J �I 'i1�7 ANGINO & LUTZ, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@anginolutz.com JENNA PENROD, Plaintiff vs. JANMARIE WILLMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. )LDca ez,-; CIVIL ACTION — LAW 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complain t 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Sesrirc& Fri. 6d --..at( 557833 TRUE COPY FROM RECORD In Testimony whereof, I here unto sat my hand and the ^ seal of said Court at C :lisle; Pa. This gel day of . . 20 ��