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HomeMy WebLinkAbout02-4039 BRENDA JAMES and MARK JAMES, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. tJ.;;> - 11039 ~ CHRIS MARIENEO, GOYA FOODS INC., APA TRUCK LEASING CORP. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED 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 (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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 BRENDA JAMES and MARK JAMES, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 1O:;lJ - '-t C.39 CHRIS MARIENEO, GOYA FOODS INC., APA TRUCK LEASING CORP. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Brenda James and Mark James, her husband, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully set forth as follows: 1. The Plaintiffs, Brenda James and Mark James, wife and husband, are adult individuals currently residing at 610 Park Ridge Drive Mechanicsburg, Cumberland County, Pennsylvania, 17055.. 2. The Defendant, Chris Marieneo, is an adult individual currently residing at 112 Sterling Avenue, Claymont, Delaware 19703. 3. The Defendant, Goya Foods, is a corporation located at 100 Seaview Drive, Secausus, New Jersey 07094. 4. The Defendant, APA Truck Leasing Corp., is a corporation located at 1207 Tonnelle Avenue, North Bergen, New Jersey 07047. 5. The facts and occurrences hereinafter stated took place on or about September 19, 2000, at approximately 9:47 a.m., at the intersection of Lisburn Road and Route 15, Mechanicsburg, Cumberland County, Pennsylvania. 6. At the aforementioned time and place, the Plaintiff, Brenda James, operating a small Geo Metro, was stopped at a red light on Lisburn Road. When the light turned green, Brenda James proceeded into the intersection, crossing Route 15. 7. At the aforementioned time and place, the Defendant, Chris Marieneo, was travelling south on Route 15, approaching the intersection to Brenda James' left, in a tractor trailer truck. 8. At the aforementioned time and place, the Defendant, Chris Marieneo was driving too fast and could not stop at the intersection. 9. At the aforementioned time and place, the Defendant, Chris Marieneo, did not stop, went off the side of the road, and then collided with Mrs. James' car. 10. The collision caused injuries to the Plaintiff, Brenda James. 11. These injuries were caused solely by the Defendant, Chris Marieneo, and were in no way caused by or contributed to by the Plaintiff, Brenda James. COUNT I BRENDA JAMES v. CHRIS MARlENEO NEGLIGENCE 12, Paragraphs 1 through 11 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 13. The accident was caused solely by the negligence and carelessness of the Defendant and was in no way caused or contributed to by the Plaintiffs. 14. The negligence and carelessness of the Defendant consisted of: a. Inattentiveness; b. Failing to have his vehicle under proper and adequate control; c. Failing to apply his brakes in time to avoid the collision with the James' vehicle; d. Negligently applying the brakes; e. Failing to observe the James vehicle lawfully on the highway; f. Failing to operate his vehicle in accordance with existing traffic condition and traffic controls; and g. Operating his vehicle such as to create a dangerous situation for other vehicles lawfully on the roadway. 15. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Brenda James, has suffered the following injuries: a. Central disc herniation; b. Intense pain in her right arm; c. Pain in knee and feet; d. Constant stabbing pain in her neck, arm, shoulder, tailbone, sternum, collarbone, and back; e. A hard disc related to osteophyte; and f. Severe pain throughout her entire body. 16, As a direct and proximate result of the accident, the Plaintiff, Brenda James, has incurred medical expenses and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Brenda James, has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect, and thus, a claim for these injuries is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Brenda James, has undergone in the past and will continue to undergo in the future great pain and suffering, and thus, a claim for these losses is made. 19. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Brenda James, suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 20. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Brenda James, suffered an impairment of her earning power and capacity and, thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Brenda James, demands judgment against the Defendant, Chris Marieneo, in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. COUNT II BRENDA JAMES v. GOYA FOODS INC. NEGLIGENCE/RESPONDEAT SUPERIOR/OSTENSIBLE AGENT 21. Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in fulL 22. At all times relevant to the Plaintiffs' cause of action, Defendant Chris Marieneo, was an agent, ostensible agent, servant, and employee acting within the scope of his responsibilities on behalf of Goya Foods Inc. WHEREFORE, the Plaintiff Brenda James demands judgment against Defendant Goya Foods Inc., in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. COUNT III BRENDA JAMES v. APA TRUCK LEASING CORP. NEGLIGENCE/RESPONDEAT SUPERIOR/OSTENSIBLE AGENT 23. Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 24. At all times relevant to the Plaintiffs' cause of action, Defendant Chris Marieneo, was an agent, ostensible agent, servant, and employee acting within the scope of his responsibilities on behalf of APA Truck Leasing Corp. WHEREFORE, the Plaintiff Brenda James demands judgement against Defendant APA Truck Leasing Corp., in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. COUNT IV MARK JAMES v. CHRIS MARIENEO LOSS OF CONSORTIUM 25. Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in fulL 26. As a direct and proximate result of the Defendant, Chris Marieneo's negligence, the Plaintiff, Mark James, has been forced to incur the loss of society, companionship and services of his wife, Brenda James. 27. The Plaintiff, Mark James, will continue to incur the same losses in the future and, thus, a claim for these past and future losses is made. WHEREFORE, the Plaintiff, Mark James, demands judgment against the Defendant, Chris Marieneo, in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. COUNT V MARK JAMES v. GOYA FOODS LOSS OF CONSORTIUM 28. Paragraphs 1 through 27 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 29. At all times relevant to the Plaintiffs' cause of action, Defendant Chris Marieneo, was an agent, ostensible agent, servant, and employee acting within the scope of his responsibilities on behalf of Goya Foods Inc. WHEREFORE, the Plaintiff Brenda James demands judgement against Defendant Goya Foods Inc., in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. COUNT VI MARK JAMES v. APA TRUCK LEASING CORP. LOSS OF CONSORTIUM 30. Paragraphs 1 through 29 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 31. At all times relevant to the Plaintiffs' cause of action, Defendant Chris Marieneo, was an agent, ostensible agent, servant, and employee acting within the scope of his responsibilities on behalf of APA Truck Leasing Corp. WHEREFORE, the Plaintiff Brenda James demands judgement against Defendant APA Truck Leasing Corp., in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. DATED: g/ZS/02- /~ erard C. Kramer Attorney at Law Attorney 1.0. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, BRENDA M. JAMES, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. !3 4904 relating to unsworn falsifications to authorities. Date: ~ 51mck W tiAJ;}iAMACh.tA15 BRENDA M. JAMES (/ ........ )V "\\ "<\ ~. ~ ~. ~ ~ ~ \; ~ ~,~ ~ \~ ~\ ~ :\ ~.~ () C "... -'l':'~: n~r::--: ~~~~ eli):-' ~e3 ),;~ f3 "C ~ ~ o '" :> c.=; N 0' o .." .-1 T,:!1 r- "/:'11 -;) ']J \, '., -:. <- " ~-' .;, !.l ::D ,:).C) GI'11 ~, ?O -< ;::1'> :::i: 9? (.::J Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: seo@tthlaw.com Attorneys for Defendants: CHRIS MARIENEO, GOYA FOODS, INC., APA TRUCK LEASING CORP. BRENDA JAMES and MARK JAMES, her husband, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 02-4039 CIVIL CHRIS MARIENEO; GOYA FOODS, INC.; and APA TRUCK LEASING CORP., Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Chris Marieneo, Goya Foods, Inc. and APA Truck Leasing, Corp., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: <;: C(. [L-~ ~~ ~ STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 :182999.1 Attorneys for Defendants, CHRIS MARIENEO, GOYA FOODS, INC., and APA TRUCK LEASING CORP. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, ~ Pennsylvania, on the ~ day of September, 2002, on all counsel of record as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & KRAMER 209 State Street Harrisburg, Pennsylvania 17101 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP ~-- ~ Stephen E. Geduldigr Esquire :183003.1 (") 0 (') ~ '''' -n (/) -0 co r" mrn -0 ,- Z::O r.,..l ......n ~s-:. ._,' --"1 0 ~.'~j ?? 2?' :,:::::c ~ _~_:_ -;1 ~8 ..... '?() - c:/'\ ~c: C? = ~ ;!;~ \J:) ~ BRENDA JAMES and MARK JAMES, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 02-4039 v. CHRIS MARlENEO, GOYA FOODS INC. and, APA TRUCK LEASING CORP., CML ACTION - LAW Defendants JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, STEPHEN E. GEDULDlG, ESQUIRE and the law firm of THOMAS, THOMAS & HAFER, LLP, have accepted service of the Complaint in the above matter on behalf of the Defendant, Chris Marieneo and certify that I am authorized to do so. Dated: 1 - ~ b /b '2..--' ~~=-- Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 (717) 237-7119 (") 0 0 C N 'n s: 0 -or:c; n .." n'rT~ -l r::: Z:J:; I c~,(T\ zr;~ ~..o ~~x -.J ;'-~.; ).., ~C) -0 .'r:'~~; c- -rJ ~Q :x ()O );CD N CSm 'C ;g Z :.n =<! CO ~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-04039 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRENDA ET AL VS. MARIENEO CHRIS ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MARIENEO CHRIS by United States Certified Mail postage prepaid, on the 27th day of Auqust ,2002 at 0000:00 HOURS, at 112 STERLING AVENUE CLAYMONT, DE 19703 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by 00/00/0000 on Additional Comments: RETURNED TO SHERIFF'S OFFICE STAMPED "UNCLAIMED" Additional Comments Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 18.00 4.65 .00 10.00 .00 32.65 So answ : / ~,:,::::::------7 ~~? R. Thomas ine Sheriff of Cumberland County Paid by SCHMIDT RONCA KRAMER on 09/24/2002 . Sworn and subscribed to before me this '7 ~ day of @..n. ..JtrD.LA.D. (lc' c. )n,;d.." 4f7i P 0 honotary SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-04039 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRENDA ET AL VS. MARIENEO CHRIS ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,GOYA FOODS INC by United States Certified Mail postage prepaid, on the 27th day of August ,2002 at 0000:00 HOURS, at 100 SEAVIEW DRIVE SECAUSUS, NJ 07094 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 09/03/2002 on Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6.00 4.65 .00 10.00 .00 20.65 --" R. Thomas Kline Sheriff of Cumberland County Paid by SCHMIDT RONCA KRAMER on 09/24/2002 . Sworn and subscribed to before me this 'tie day of (JJu;;:L. > ,,2/h)..:L, A. D . C]~.. C )?",jiJ'd ,~ P othonotary SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-04039 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRENDA ET AL VS. MARIENEO CHRIS ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,APA TRUCK LEASING CORP by United States Certified Mail postage prepaid, on the 27th day of Auqust ,2002 at 0000:00 HOURS, at 2100 88TH NORTH BERGEN, NJ 07047 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 08/30/2002 on Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6.00 4.65 .00 10.00 .00 20.65 ~~? R. Thomas Klin Sheriff of Cumberland County Paid by SCHMIDT RONCA KRAMER on 09/24/2002 . Sworn and subscribed to before me this "l ~ day of (J~, 02.-UtJ.J... A.D. ~t1~ ,Q. /n,J~' , ~K P 0 honotary . r--- '* COUNTY OF CUMBERLAND Office of The Sheriff 1 Courthouse Square Carlisle, Pennsylvania 17013 1II1~llllllllllln 1111 7001 2510 0009 1017 8442 \ ChriS.irieneo 112 S~:r;:.;Ling J- cla7nt. .DE O~ SENDER' COMPLETE THIS SECT/ON . Complete items 1, 2, and 3. "Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Goya Foods 100 Seaview Drive Secausus. NJ 07094 "^">""_".'r1t,,,.":W'llP:'~,,,,,~_~ - ..------ ...... ~....'. ...... Af.€Mt' a -x o INSUFFICIENT ADDRESS o ATTEMPTED NOT KNOWN ~HE~ o NO SUCH NUMBER! STREET o NOT DELIVERABLE AS ADDRESSED . UNABLE TO FORWARD . . . ~ UNCLAIMED o Agent o AddresSEJd Date of Delivery D. Is delivery address different from item 1? 0 Ves If YES, enter delivery address below: 0 No 3. Service Type ~Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C,OD, PS Form 3811, August 2001 7001 2510 0009 1017 8435 4. Restricted Delivery? (Extra Fee) 0 Yes 02-4039 civ . . . . c ~ o " 0>" <(<( 00 >< a:i ci " ,; .s l!? ~ ~ ~ "a. c. . Q) = E'2~~" 8.~~g,E .- " g~ egoS . :a:.!a ~"Eo~ (")~m~TIE "O~.o<D<<l~ ~~'g:E~\D C\iO-oE.;;al A"tJ l:: .;:! 0 a. .......G><<lj!!_UJ E'~ Q) cE~ Q)~ ~ <<l B 1:: :t=Q>CO e $~:;~~; -!; g,1U~:5 EEE:5ala Go Q) ";::..o.t:: ... ~a..(I)<O . . . Domestic Return Receipt 102595-Q1-M-0381 ~ . ~ ~ 0, ~ ~ 81 0 01'4) ;>:- Z ~, DO o 'Wl c. o ~ .0 ~ '. ~ rr E ~ o 0 n E . - . - ~ "" ~ " o . " ~ " . gj~ ~ 0 " " " " . 0 ~~ 1; yf Ow ">- !!l~ . ~ U 01 .~ rn Ii.3 c ~ 'Ii ~ . ..-: >< ~ () & :g ~ ~E-< fi i! ~ l; ~ : ~~~ (!" "- .... o "- a :2 .,.....s",{g>=,'-'!'''''r"'~M r- -"--- '* lIl/IIIIJ III/Ill Hili COUNTY OF CUMBERLAND Office of The Sheriff 7001 2510 0009 1017 8442 1 Courthouse Square Carlisle, Pennsytvania 17013 --- ..-..,... ... \ Chri1~ieneo 112 St,krling J- cla7nt; DE Og "'1.. ~,J-o'q" * ~".z. o INSUFFICIENT ADDRESS ~ ~ o ATTEMPTED NDT KNDWN qruTHER o ND SUCH NUMBER/ STREET o NDT DELIVERABLE AS ADDRESSED . UNABLE TO FDRWARD . . . ~ UNCLAIMED · Complete items 1, 2, and 3~ Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mail piece, or on the front if space permits, 1. Article Addressed to: ----..,......,."'"':-,.. 8. ReceiVed by ( Printed Name) o Agent o AddressEJe C. Date of Delivery Goya Foods 100 Seaview Drive Secausus, NJ 07094 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below; 0 No 3. Service Type ~Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise Dc.o.o. PS Form 3811, August 2001 7001 2510 0009 1017 8435 02-4039 civ 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Return Receipt 102595-01-M-0381 .. . . . COMPLETE THIS SECTfON ON DELIVERY · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse s6 that we can return the card to you. · Attach this card to the back of the mail piece, or on the front jf space permits. 1. Article Addressed to: APA Truck Leasing Corp. J,.;i8't l' ulln.... .1._.... ~ "::L LuO... lIorth Bergen, NJ 07047 )-Ivv cf'f';V x o Agent o Addressee B. Received by ( Printed Na C. Date of Delivery ~30-/1 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ~ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.o. 7001 2510 0009 1017 8428 4. Restricted Delivery? (Extra Fee) 0 Yes PS Form 3811, August 2001 02-4039 civ Domestic Return Receipt 102595-01-M.0381 Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: seaailtthlaw.com Attorneys for Defendants: CHRIS MARIEN EO, GOYA FOODS, INC., APA TRUCK LEASING CORP. BRENDA JAMES and MARK JAMES, her husband, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 02-4039 CIVIL CHRIS MARIENEO; GOYA FOODS, INC.; and APA TRUCK LEASING CORP., Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ((I.-'1l63 :188616.2 By: ~. S'!'EPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendants, CHRIS MARIENEO, GOYA FOODS, INC., and APA TRUCK LEASING CORP. Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: sea@tthlaw.com Attorneys for Defendants: CHRIS MARIENEO, GOYA FOODS, INC., APA TRUCK LEASING CORP. BRENDA JAMES and MARK JAMES, her husband, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 02-4039 CIVIL CHRIS MARIENEO; GOYA FOODS, INC.; and APA TRUCK LEASING CORP., Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS AND NOW, comes Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., by and through their undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and file the following Answer and New Matter to Plaintiffs' Complaint: l. Admitted upon information and belief. 2 . Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 7. Admitted. 8. Admitted in part and denied in part. It is admitted that Defendant Chris Marieneo is responsible for the accident. All other averments are denied as legal conclusions and/or pursuant to Pa. R.C.P. 1029(e). 9. Admitted in part and denied in part. It is admitted that Defendant Chris Marieneo is responsible for the accident. All other averments are denied as legal conclusions and/or pursuant to Pa. R.C.P. 1029(e). 10. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 11. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. COUNT I BRENDA JAMES v. CHRIS MARIENEO NEGLIGENCE 12. Defendants, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 11 of its Answer to Plaintiffs' Complaint. 2 13. Admitted in part and denied in part. It is admitted that Defendant Chris Marieneo is responsible for the accident. The remaining averments of Paragraph 13 are denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 14(a)-(g) Admitted in part and denied in part. It is admitted that Defendant Chris Marieneo is responsible for the accident. The remaining averments of Paragraph 14 are denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 15(a)-(f) Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e) 16. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 17. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 18. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 19. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 20. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. 3 COUNT II BRENDA JAMES v. GOYA FOODS INC. NEGLIGENCE/RESPONDEAT SUPERIOR/OSTENSIBLE AGENT 21. Defendants, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 20 of its Answer to Plaintiffs' Complaint. 22. Admitted. WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. COUNT III BRENDA JAMES v. APA TRUCK LEASING CORP. NEGLIGENCE/RESPONDEAT SUPERIOR/OSTENSIBLE AGENT 23. Defendants, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 22 of its Answer to Plaintiffs' Complaint. 24. Denied. WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. 4 COUNT IV MARK JAMES v. CHRIS MARIENEO LOSS OF CONSORTIUM 25. Defendants, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 24 of its Answer to Plaintiffs' Complaint. 26. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 27. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. COUNT V MARK JAMES v. GOYA FOODS LOSS OF CONSORTIUM 28. Defendants, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 27 of its Answer to Plaintiffs' Complaint. 29. Admitted. WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. 5 COUNT VI MARK JAMES v. APA TRUCK LEASING CORP. LOSS OF CONSORTIUM 30. Defendants, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 29 of its Answer to Plaintiffs' Complaint. 31. Denied. WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. NEW MATTER 32. Defendants incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 31 of their Answer to Plaintiffs' Complaint. 33. Plaintiffs' claims are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 34. It is specifically denied that any act or omission on the part of Defendant caused or contributed to any of Plaintiff's alleged injuries or damages. 35. Some or all of Plaintiffs' claims may be barred or reduced by previous payments for which Defendants are entitled to a credit. 6 36. Defendants assert that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendants, Chris Marieneo, Goya Foods, Inc., and APA Truck Leasing Corp., respectfully request that judgment be entered in their favor and against the Plaintiffs. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP l ( L.--" ( 0 :> :188616 By: STEPHEN E. GEDULDIG, E Attorney I.D. No. 43530 RE Attorneys for Defendants, CHRIS MARIENEO, GOYA FOODS, INC., and APA TRUCK LEASING CORP. 7 VERIFICATION I, Ira B. Matetsky, Esquire, Deputy General Counsel for Goya Foods, Inc., hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. j)ece-tv Z 7j 2.,p" 2- I a B. Matetsky, squire Deputy General Counsel for Goya Foods, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, ~~ Pennsylvania, on the day of January, 2003, on all counsel of record as follows: Gerard c. Kramer, Esquire SCHMIDT, RONCA & KRAMER 209 State Street Harrisburg, Pennsylvania 17101 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esqui 8 _." Q~ ~: .L... :.?7f U; _ C:: I.. :;<C;,_ ~F: :~ ::2 o ( c 1.~. j c.:." r::- -~~ -.,. ~r --- BRENDA JAMES and MARK JAMES, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. C-2.. - -'1639 C;o~L '-r~ CHRIS MARIENEO, GOY A FOODS INC., APA TRUCK LEASING CORP. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER AND NOW, come the Plaintiffs, Brenda James and Mark James, her husband, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully responds to the Defendant's New Matter as follows: 32. Paragraph 32 states a conclusion of law to which no responsive pleading is required. 33. Paragraph 33 states a conclusion of law to which no responsive pleading is required. 34. Paragraph 34 states a conclusion of law to which no responsive pleading is required. 35. Paragraph 35 states a conclusion of law to which no responsive pleading is required. 36. Paragraph 36 states a conclusion of la.w to which no responsive pleading is required. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. DATED: cJ/3/0~ (~' erard C. Kra.mer Attorney at Law Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ATTORNEY VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 84904 relating to unsworn falsifications to authorities. Date: 2/3 / OJ f ' t.~ ~ CERTIFICATE OF SERVICE AND NOW, this 3 rz"'- day of F~ J ,2003, I, Gerard C. Kramer, Esquire, hereby certify that I this day served the PLAINTIFFS' ANSWER TO NEW MATTER by depositing the same in the U.S. mail, first class mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. ~ erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs q c -:::;" ;:;~ ~C', !~ ";~.~;. ti'> :..z :< );.~:-~ ,"-(") s;: C=:. 7': ~ C:::.l C,) .-,., ;->, cu I ....") :::_, , --::>' ',_.,j .~'O .....,1... .C'"l .> "~ :p :",".>. ( ") ~{n ::0 ~ ~J1 <.11 BRENDA JAMES and MARK JAMES, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 02-4039 v. CHRIS MARIENEO, GOYA FOODS INC. and, APA TRUCK LEASING CORP., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END PLEASE mark the above-captioned action settled, discontinued and ended, with prejudice. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. ...........--- erard C. Kramer Attorney at Law Attorney I.D, No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the {~~ day of November, 2002, on all counsel of record as follows: Gerard C. Kramer, Esquire SCHMIDT, RONCA & K~~ER 209 State Street Harrisburg; Pennsylvania 17101 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP :183003.1 en E. Geduldig, Esquire C) C _.,~ ,..., S'?.., ~.:...... o c' ....... -- ('00 Sf, .-\ ::e....,..... 01.-P:: -:\;'tJ \..;j~{ ,;,;{, .O\"'-" <.;:J :....; .....0 -~,' -' ;;:- .- cJ.