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PATRICIA A. COOK, I IN TBB COURT O~ COKMON PLBAB
Plaintiff I CUMBBRLAND COUNTY, PBHHSYLVAHIA
I 110) (I~~
I NO. 17 -
v. I
I
I CIVIL ACTION - LAW
STBVBH H. BRBTZ, I
Defendant I JURY TRIAL DBKlHDBD
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 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 request 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.
Court Administrator,
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone No. (717) 240-6200
P.C.
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By: \
ArcH . Diveglia Esquire
Attorney for Plain iff
119 Locust St. \
Harrisburg, PA \1710,1
(717) 236-5985 '-.....
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032897
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PATRICIA A. COOK,
Plaintiff,
vs,
No, 97 - 1105
STEVEN M, BRETZ,
Defendant.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Patricia A, Cook
c/o Archie V, Diveglia, Esquire
YOU ARE HEREBY NOTIFIED that you may need to file a written response to
the attached New Matter within twenty (20) days from service hereof. If a response is
required and none is filed, a judgment may be entered against you.
Dated:
4r10' ct1
By:
YDER~EN{~
George C, mer, Esquire
,
Attorneys for Defendant
Steven M, Bretz
126 East King Street
Lancaster, PA 17602-2893
Court I.D, 28757
(717) 299-5201
I
I
I
I
GCWII316274,1I032897
...
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PATRICIA A, COOK,
Plaintiff,
vs,
No, 97 - 1105
STEVEN M, BRETZ,
Defendant.
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER
ANSWER
1, After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments, and proof is demanded,
2, Admitted.
3, _ 4, Admitted only that on October 31. 1995 a vehicle being operated by
Defendant Steven M. Bretz was involved in a co\1ision with a vehicle being operated by
Patricia A, Cook on Locust Point Road in Cumberland County. Pennsylvania. The
remaining allegations are denied, pursuant to Pennsylvania Rule of Civil Procedure 1029(e),
5, - 12,
Denied, pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
WHEREFORE. Defendant Steven M. Bretz requests that judgment be entered in his
favor and against the Plaintiff Patricia A, Cook.
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'1!"'"'fA~lq1(9(1/ ./~",',i.,.r
. 7;"" (717) 231.4083
July 31, 1997
1(9 .(nt"ll.rllJin~l
!1?oNi,r6f1ty. fllw,w6JQnia 17101
,
(717) 236-5985
George C. Werner, Esquire
126 East King street
Lancaster, PA 17602-2893
Re: Cook v. Bretz
No. 97-1997
Dear Hr. Werner:
In regard to the above captioned matter, I have now
completed the discovery that I find necessary prior to listing
this matter for trial. At the deposition of your insured on July
30, 1997, you indicated that you would like to take the
deposition of my client as soon as the discovery that you
forwarded to me is completed. Please be advised we will forward
that material to you within the next thirty days and therefore I
would request that you schedule the deposition accordingly.
Additionally, you have indicated that you may wish to have
an IHE and I would request that if that is your desire that you
schedule this now so that this matter may be scheduled for trial
for the November 12 term of court. As you may know, the last day
of listing this matter for trial is September 30th and therefore,
all discovery must be completed by that date.
Considering the clear liability of this action, and
considering the demeanor of your insured and the low policy
limits of $15,000.00, your company's failure to respond to our
demand or to negotiate this claim in any manner is a clear
violation of the Unfair Insurance practice Act. ObviOUSly, if
the verdict exceeds $15,000.00, your insured may wish to exchange
the additional liability for an assignment of his bad faith claim
against your insured.
At minimum, the Court is not going to be pleased with the
fact that this case is going to trial under the circumstances. I
believe that your company's recalcitrance and lack of good faith
PATRICIA A. COOK, I IN THB COURT OF COMMON PLEAS
Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA
I
I NO. n-ll0S
v. I
I
I CIVIL ACTION - LAW
STEVEN H. BRBTZ, .
.
Defendant . JURY TRIAL DBHANDBD
.
PRABCIPB TO DISCONTINUB
TO THE PROTHONOTARY:
Please discontinue the above-captioned matter. All claims
of the Plaintiff have been satisfied in full.
Dated:
1;l-~.J(7
Respectfully SUbmitted,
'~ KAYLO , 'P.C.
By' wL~ t, 'l
Archie V. DiVegliatE quire
Attorney 1.0. #1714
119 Locust street
Harrisburg, PA 171 1
(717) 236-5985
Attorney for plaintiff
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