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Home My WebLink About02-5126TODDBARTHOLOMEW 14 CHESTNUT STREET CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Versus No. __ 2002 - ,~]~, Civil Action - ( X ) Law ( ) Equity JURY TRIAL DEMANDED GARY ASCOLESE 8 MOUNTAIN TRAIL WARREN, NJ 07059 PRAEClPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( Timothy A. Shollenberf:ler Shollenber,qer & Januzzi, LLP 1820 Linqlestown Road Harrisburg, PA 17110 (717) 234-3700 Names/Address/Telephone No. of Attorney ) Attorney ( X )Sheriff ~/ Sigtat~'~t'o/fl'~y/.,/ ~ Supreme Coud ID No. 34343 Date: 10- WRIT OF SUM_____MONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary ( ) Check here if reverse is issued for additional information SHERIFF'S RETURN - U.S. CASE NO: 2002-05126 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARTHOLOMEW TODD VS. ASCOLESE GARY CERTIFIED MAIL , Sheriff of Cumberland who being duly sworn according to law served the R. Thomas Kline County, Pennsylvania, within named DEFENDANT ,ASCOLESE GARY by United States Certified Mail postage prepaid, on the 25th day of October ,2002 at 0000:00 HOURS, at 8 MOUNTAIN TR3kIL WARREN, NJ 07059 and attested copy of the attached WRIT OF SUMMONS with The receipt card was signed by SIGNATURE ILLEGIBLE 11/14/2002 Additional Comments: a true Together returned on Sheriff's Costs: Docketing 18.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 Sheriff of Cumberland County Paid by SHOLLENBERGER & JANUZZI Sworn ~nd subscribed to before me this f~ day of ~ A.D. ~r~thonotary on 11/06/2002 · Complete items 1, 2, I 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 rnailpiece.,.,-~, or on the front if space permits. .__~' ' 1. Article Addressed to: Gary Ascolese 8 Mountain Trail Warren, NJ 07059 -- ~.~ ,livery address dlfferent from itern l? [ I enter delivery address below: [ Service Type ~ Certified Mail [] Express Mail [] Registered r-I Return Receipt for [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 7001 2510 0009 1017 8565 PS Form 3811, August 2001 Domestic Return Receipt 02-! SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff Todd Bartholomew, Plaintiff Gary Ascolese, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5126 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER E JANUZZI, LLP 1820 MNGLESTOWN ROAD * P.O. BOX 60545 · HARRISBURG, PA 17106-0545 (717) 234-3700 - FAX (717) 234-8212 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff Todd Bartholomew, Plaintiff Gary Ascolese, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P E N N SYLVAN IA NO. 2002-5126 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda, usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER Et JANUZZI, LLP 1820 LINGLESTOWN ROAD · P.O. BOX 60545 · HARRISBURG, PA 17106-0545 (717) 234-3700 · FAX (717) 234-8212 SHOLLIENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff Todd Bartholomew, Plaintiff Gary Ascolese, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5126 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, Todd Bartholomew, by and through his attorney, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiff, Todd Bartholomew, is an adult individual who currently resides at 12 Hampton Drive, East Bedin, Adams County, Pennsylvania 2. The Defendant, Gary Ascolese, is an adult individual whose last known address is 8 Mountain Trail, Warren, New Jersey. 3. The facts and circumstances hereinafter set forth took place on U.S Route 15, Upper Allen Township, Cumberland County, Pennsylvania at or about 4:50 p.m. on October 25, 2000. 4. At the aforesaid time and place, the Plaintiff, Todd Bartholomew, was the operator of a 1996 Buick Century in the left hand southbound land of US Route 15. 5. At the aforesaid time and place, the Defendant, Gary Ascolese, was the 3 5HOLLENBERGER E JANUZZl, LLP 1820 LINGLESTOWN ROAD · P.O. BOX 60545 · HARRISBURG, PA 17106-0545 (717) 234-3700 · FAX (717) 234-8212 owner and operator of a 1996 BMW also in the left hand southbound land of US Route 15, but to the rear of the vehicle being operated by the Plaintiff. 6. As traffic in front of the vehicle being operated by Todd Bartholomew slowed, Todd Bartholomew slowed his vehicle whereupon his vehicle was struck in the rear by the vehicle being operated by Defendant, Gary ^scolese, pushing Plaintiff's vehicle into the vehicle in front of it. 7. As a result of the aforesaid collision, Plaintiff, Todd Bartholomew, has suffered serious and permanent injuries, including but not limited to the following: a) left shoulder contusion b) sprain and strain of the neck c) left shoulder tendonitis d) rotator cuff tendonitis e) post traumatic myofascial pain f) post traumatic left shoulder pain secondary to probable chronic rotator cuff tendonitis 8. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Gary ^scolese, in operating the 1996 BMW in a careless, reckless, and negligent manner as follows: a) In failing to have his vehicle under proper and adequate control; b) In failing to apply the brakes in time to avoid the collision; c) In permitting or allowing the vehicle to strike and collide with the rear of the SHOLLENBERGER R- JANUZZI, LLP 1820 LINGLESTOWN ROAD · P.O. BOX 60545 · HARRISBURG, PA 17106-0545 (717) 234-3700 · FAX (717) 234-8212 vehicle operated by the Plaintiff; d) In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; e) Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of the PA Motor Vehicle Code; f) Driving at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead in violation of §3361 of the PA Motor Vehicle Code. 9. As a direct and proximate result of the aforesaid injuries, Plaintiff, Todd Bartholomew, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, Todd Bartholomew, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, Todd Bartholomew, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Todd Bartholomew, SHOLLENBERGER E JANUZZI, LLP 1820 LINGLESTOWiq ROAD · P.O. BOX 60545 · HARRISBURG, PA 1'7106-0545 (717) 234-3700 · FAX (717) 234-8212 has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 13. As a further result of this collision, Plaintiff, Todd Bartholomew, has and/or may in incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 14. As a further result of the aforesaid injuries, Plaintiff, Todd Bartholomew, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 15. Plaintiff, Todd Bartholomew, was the named insured on a policy of insurance issued to him by Allstate Insurance Company bearing policy number 052106187 02/20, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto as Exhibit "A". Therefore, Plaintiff, Todd Bartholomew, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 16. Defendant, Gary Ascolese, was operating a vehicle registered in another state at the time of this collision. Therefore, Plaintiff, Todd Bartholomew, remains SHOLL£HB£RG£R rs JANUZZI, LLP 1820 LINGLESTOWN ROAD · P.O. BOX 60545 · HARRISBURG, PA 17106-0545 (717) 234-3700 · FAX (717) 234-8212 eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Todd Bartholomew, demands judgment against the Defendant, Gary Ascolese, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Dated: 05'/0~,/~ ~ By: SHOLLENBERGER g. JANUZZI, LLP 1820 LINGLESTOWN ROAD · P.O. BOX 60545 ·HARRISBURG, PA 17106-0545 (717) 234-3700 * FAX (717) 234-8212 VERIFICATION I, Todd Bartholomew , hereby acknowledge that I am a Plaintiff in this action and that I have read the complaint and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating t~ unsworn falsification to authorities. Date: May 6, 2003 SHor'n~3~GE~ & ..TAHUZZZ. L~p 1820 [.~G;.,rSTOWN ROAD · 1'.0. BOX ,SOS.iS · NAg-J.[$BUXG. PA ~.?~.0G-0S4S (77.71 234-3700 · FAX ;TX?) 234-1:X: ~.AO 440 (Rev. 10/93) Summons in a Civil Action RETURN OF SERVICE m DATE [~.~.~ ~ Service of the Summons and complaint was made by me q. 3 NAME OF SERVER (P~d'NT} TITLE Check one box below to tndtcate appropr~te method of servtce Served personaly upon the defendant Piacewhereserved: h mhU~ ~1~ [] Left copies thereof at the defendant's dwelling house or usual place ofabode with a person o f suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: [] Other (specify): DECLARATION OF SERVER I declare under penalty of pgjury under the laws of the United States of America that the foregoing hformation contained in the Return of Service and Statement of Service Fees is true and correct. CALLAHAN LAWYERS Address ~I~M~ ST., HACKENSACR, NJ u/om, PROCESS SERVICE & BAIL BONOS TEL (201) 489-2245 FAX 1201} 489-80g~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW, Plaintiff, VS. GARY ASCOLESE, Defendant. CIVIL ACTION - LAW No. 2002-5126 Civil PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant, GARY ASCOLESE Counsel of Record for this Party: PAUL R. ROBINSON, ESQUIRE PA I.D. No. 65581 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 2000 Frick Building Pittsburgh, PA 15219-6194 Telephone: (412) 261-6600 Fax: (412) 471-2754 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW, Plaintiff, VS. GARY ASCOLESE, Defendant. CIVIL DIVISION No. 2002-5126 Civil PRAECIPE FOR APPEARANCE TO: CURTIS R. LONG, PROTHONOTARY Kindly enter my appearance on behalf of the defendant, GARY ASCOLESE, in the above-captioned matter. Respectfully submitted, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. PAUL R. ROBINSON, ESQUIRE Attorney for defendant PROOF OF SERVICE No. 2002-5126 Civil This is to certify that a true and correct copy of the foregoing document has been served upon all parties on the date and in the manner listed below: First Class Mail, Postage Prepaid Certified Mail - Return Receipt Requested Hand Delivery Facsimile Transmission at the following address: Timothy A. Shollenberger, Esquire Sholienberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Date: ~ ' ,2003 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. PAUL R. ROBINSON, ESQUIRE P0667028 I IN THE COURT OF COMMON PLE. AS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW, Plaintiff, VS. GARY ASCOLESE, Defendant. CIVIL ACTION - LAW No. 2002-5126 Civil NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Filed on Behalf of Defendant, GARY ASCOLESE Counsel of Record for this Party: PAUL R. ROBINSON, ESQUIRE PA I.D. No. 65581 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 2000 Frick Building Pittsburgh, PA 15219-6194 Telephone: (412) 261-6600 Fax: (412) 471-2754 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW, Plaintiff, VS. GARY ASCOLESE, Defendant. CIVIL DIVISION No. 2002-5126 Civil NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF TO: CURTIS R. LONG, PROTHONOTARY Kindly take notice that the defendant, GARY ASCOLESE, has served on the plaintiff, TODD BARTHOLOMEW, an original set of interrogatories and an original request for production of documents by United States first class mail, postage prepaid this 1,t day of August, 2003. Respectfully submitted, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. PAUL R. ROBINSON,ESQUIRE Attorney for defendant PROOF OF SERVICE No. 2002-5126 Civil This is to certify that a true and correct copy of the foregoing document has been served upon all parties on the date and in the manner listed below: First Class Mail, Postage Prepaid Certified Mail - Return Receipt Requested Hand Delivery Facsimile Transmission at the following address: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Date: ~'~O~ ~, , 2003 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. PAUL R. ROBINSON, ESQUIRE P0667152 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW, Plaintiff, VS. GARY ASCOLESE, Defendant. TO PLAINTIFF: You are hereby notified to plead to the enclosed pleading within twenty (20) days from service hereof or a default judgment may be entered against you. Attorney for Defendant, Gary Ascotese CIVIL ACTIION - LAW No. 2002-5126 Civil ANSWER AND NEW MATTER Filed on Behalf of Defendant, GARY ASCOLESE Counsel of Record for this Party: PAUL R. ROBINSON, ESQUIRE PA I.D. No. 65581 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 2000 Frick Building Pittsburgh, PA 15219-6194 Telephone: (412) 261-6600 Fax: (412) 471-2754 JURY TRIAL DEMANDED P06671451 IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW, Plaintiff, VS. GARY ASCOLESE, Defendant. CIVIL DIVISION No. 2002-5126 Civil ANSWER AND NEW MATTER AND NOW, comes the defendant, GARY ASCOLESE, by his attorneys, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C., and files his answer and new matter, averring as follows: 1. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph I of the complaint. 2. Paragraph 2 of the complaint is admitted. 3. Paragraph 3 of the complaint is admitted. 4. Paragraph 4 of the complaint is admitted. P0667145 I = Paragraph 5 of the complaint is admitted. No. 2002-5126 Civit 6. Paragraph 6 of the complaint is denied. 7. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 7 of the complaint. 8. Paragraph 8 of the complaint contains allegations of negligence, carelessness, recklessness, and causation, which allegations are conclusions of law to which no responses are required. To the extent that responses are requires to those allegations, then those allegations are denied. 9. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of the complaint. 10. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments oontained in paragraph 10 of the complaint. P0667145 I 2 No. 2002-5126 Civil 11. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 11 of the complaint. 12. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 12 of the complaint. 13. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 13 of the complaint. 14. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 14 of the complaint. 15. After reasonable investigation this party is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 15 of the complaint. 16. Paragraph 16 of the complaint alleges that Gary Ascolese was operating a vehicle registered in another state at the time of this accident, and that allegations is No. 2002-5126 Civil admitted. The remainder of paragraph 16 is a conclusion of law to which no response is required. WHEREFORE, this defendant respectfully request,,; that judgment be entered in his favor and against the plaintiff with costs. NEW MATTER 17. Defendant hereby incorporates paragraphs 1 through 16 of his answer and new matter by reference as if more fully set forth herein. 18. Plaintiff's complaint fails to state a cause of action against this defendant upon which relief can be granted. 19. The plaintiff's right to recover is barred and/or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. The plaintiffs claims are barred by the applicable statutes of limitation. 21. At the time of the accident, Gary Ascolese was confronted with a sudden emergency. P0~67145 I 4 No. 2002-5126 Civil 22. At all relevant times, Gary Ascolese acted in a reasonable and prudent manner, and no acts or omissions of Gary Ascolese caused the accident or the injuries complained of in plaintiff's complaint. 23. To the extent the plaintiff is bound by the limited tort option on the applicable insurance policy covering his first-party benefits, his claims are barred or limited. WHEREFORE, this defendant respectfully requests that judgment be entered in his favor and against the plaintiff with costs. Respectfully submitted, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. · ~ PAUL R. ROBINSON, ESQUIRE Attorney for defendant P0667145 1 5 No. 2002-5126 Civil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARTHOLOMEW; Plaintiff, VS. GARY ASCOLESE, Defendant. CIVIL DIVISION No. 2002-5126 Civil VERIFICATION I, GARYASCOLESE, have read the foregoing ANSWERAND NEWMATTER. The statements therein are true and correct to the best of my personal knowledge, information, and belief. This statement of verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, wh'ich provides that if I make knowingly false averments I may be subject to criminal penalties. Date: ~"/~Z//~/~ .~. _~_~~ __ GAi~Y ~I~I~OLESE File No: HAN-106345/PRR P06671451 PROOF OFSERVlCE No. 2002-5126 Civil This is to certify that a true and correct copy of the foregoing document has been served upon all parties on the date and in the manner listed below: First Class Mail, Postage Prepaid Certified Mail - Return Receipt Requested Hand Delivery Facsimile Transmission at the following address: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Date: ~'\\ ,2003 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. PAUL R. ROBINSON, ESQUIRE P0667145.1 ' I ~)HOLLENBERGER &JANUZZ, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff Todd Bartholomew, Plaintiff Gary Ascolese, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5126 Civil CIVIL ACTION - LAW TRIAL DEMANDED AND NOW comes the Plaintiff, TODD BARTHOLOMEW, by and through his attorneys, SHOLLENBERGER and JANUZZI, LLP, and respectfully replies to the New Matter of Defendants as follows: 17. Paragraphs 1 through 16 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 18. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 19. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 20. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully requests that the Defendants' New Matter be dismissed and judgment be entered in favor of the Plaintiff as a matter of law. By: Respectfully submitted, SHOLLENBERGER & JANUZZI, L.L.P. iTl~~~len ~ ~ SHOLLENBERGER & J zzI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 _Attorneys for Plaintiffs Todd Bartholomew, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5126 Civil Gary Ascolese, Defendant CIVIL ACTION - LAW IURY TRIAL DEMANDED Timothy A. Shollenberger, Esq., being duly sworn according to law, deposes and says that he is the attorney for the within Plaintiff, that he is authorized by Todd Bartholomew to make this Affidavit on his behalf, and that based on information supplied by the Plaintiff, he believes that the facts set forth in the foregoing Reply to New Matter of Defendant are true and correct. Sworn and subscribed before me this ~ th day of_l~u~.~_, 2003. Iq(~tary Public .... ~)T~,R-~L SE~-'~t"~ ALINDA A. Z~MMERMAN, Nota~ PublicI Susquehanna Twp., Dauphin County ~ My Commission Expires July 18, 2006 ] 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Att~orneys for Plaintiff Todd Bartholomew, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, )ENNSYLVANIA v. qO. 2002-5126 Civil Gary Ascolese, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 25th day of August, 2003, I hereby certify that I have served the following REPLY TO NEW MATTER on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul R. Robinson, Esquire MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. 20000 Frick Building Pittsburgh, PA 15219-6194 Respectfully ~ubmitted, SHOLL~ By.~ Attorne ~GER & JAN~'IjT--ZIz'/L'L~ I.D. # 34343 Date: August 25, 2003 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 ~Plaintiff Todd Bartholomew, Plaintiff Gary Ascolese, Defendant IN THF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2._Q002-5126 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: discontinued· Please mark the above-captioned action ended, settled and Dated: June 4, 2004 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 _Attorneys for Plaintiff Todd Bartholomew, Plaintiff Gary Ascolese, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN.SYLVANIA NO. 2002-5126 Civ~ CIVIL ACTION ~ LAW JURY TRIAL DEMANDED AND NOW day of June, 2004, I hereby certify that I have served the following Praecipe to End, Settle and Discontinue, on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul R. Robinson, Esquire MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. 20000 Frick Building Pittsburgh, PA 15219.619.4 Dated: June 4,2004 Respectfully submitted, SHOLLE~RGER & JANUZZI, LLP HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA t 70t 3 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF PRAECIPE LISTING CASE! FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: for JURY trial at the next term of civil court. X for trial without a jury. INDEPENDENT AUTO PARTS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTIG~N - LAW .. STAGECOACH TRANSPORT SERVICES,: NO. 2003 - 0843 CIVIL TERM INC., STAGECOACH SALES & LEASING: and HARRY PAPPAS, : Defendants : IN ASSUMPSIT 1. The trial list will be called on AUGUST 10, 2004. 2. Trials commence on SEPTEMBER 13, 2004. Pretrials will be held on AUGUST 18, 2004. (Briefs are due 5 days before pretrials.) Indicate the attorney who will try the case for the party who files this praecipe: HAROLD S. IRWIN, Ill, ESQ. 5. Indicate trial counsel for other parties, if known: IT IS BELIEVED THAT DEFENDANT IS PR(:) SE AT THIS TIME. % 6. The case is ready for trial. 7. Counsel for plaintiff has provided a. copy/this praecipe to opposing counsel. June 15, 2004 HAROLD S. IR~ Attorney for plaintiff