HomeMy WebLinkAbout00-06500
,..
-""-". .
0"
,
c
"' f-.'._ ,~",,~,~, "-'-",,,~~.. _d~::";';',c.,"__-,_~,,<:\ -.. ,;;.:, _ _
~- -i~
WAGMAN KREIDER & WRIGHT
ATTORNEYS AT LAW
222 East Orange Stree!
Post Office Box 1522
Lancaster, Pennsylvania 17608-1522
MICHAEL W. WAGMAN
DAVID A. KREIDER
JEFFERY D. WRIGHT
(717) 397-7000
FAX (717) 394,0645
BRANCH OFFICE
5406 UNCOLN HIGHWAY EAST
GAP, PENNSYLVANIA 17527
July 6,2001
VIA FAX
The Honorable Edgar B. Bayley
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, PA 17013-3387
Re: Pfaltz v. Kovalick
No, 00.6500 Civil Term
Cumberland County Court of Common Pleas
Dear Judge Bayley:
This office represents Plaintiff, George Pfaltz, in the above referenced matter, I am in
receipt of your July 2,2001 Order scheduling this casefor trial on August 1, 2001 and a letter
from defense counsel, Brigid Alford, dated July 5, 2001, objecting to the scheduling on grounds
that it is premature, I am submitting this letter so that the Court is aware ofPlaintifl's position
regarding the scheduling of the trial.
Without getting into the details, Plaintiff believes that the defense would prefer to delay a
resolution ofPlaintifl's claim, Furthermore, Plaintiff has cPl11pleted discovery, with the exception
of a request for admissions regarding the admissibility of evidence, Under the circumstances, I
believe Plaintiff had the right under Cumberland County rules to list this matter for trial,
However, I listed the case under the impression that the published schedule set forth under
Cumberland County rules would be followed: there would be a call of the list on August 14; a
pretrial conference would be held on August 22; and the trial would be scheduled for the week of
September 10, 2001, This schedule would have provided me ample time to complete the request
for admissions and schedule the deposition of the attending physician to be used at trial in lieu of
live testimony, Unfortunately, under the expedited scheduling of this trial, it is not possible to
submit the request for admissions to Defendant and obtain a reply under the Pennsylvania Rules of
Civil Procedure before the August 1 trial date,
Counsel appreciates the Court's efforts at moving this case along, but Plaintiff believes that
;;;,_.' ,-,>-'
, '.".",,\ "~-,,,~,, "+ ." - '
d
Re: Pfaltz v, Kovalick
July 6,2001
Page 2
the published Cumberland County schedule, which would require a September trial, adequately
affords the parties the opportunity to prepare this case for trial,
Plaintiff looks forward to receiving the Court's direction in this matter.
David A. Kreider
DAK/mek
Original to follow via first class mail
cc: Brigid Q, Alford, Esquire (via fax and first class mail)
1';-," >>""-0""-"""
." ~~, _0_
-,,~ .~,
" ' """ -" -~, ,..'.-_, '<""^ '- '/"- ,'_ :,.., '<0' ;- ';~"",_,,i~ 5 ",;~:,;,.:_,~;~:;;;:,,,_~:',;,,i,:,~~'__";~,, - ',~,
, --'-'::'i
,,,-,-:
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
COUNSELORS AT LAW
LEONARD TINTNER
JEFFREY E. PICCOLA
RICHARD B. WICKERSHAM
JEFFREY R. BOSWEll
BRIGID Q. ALFORD
315 NORTH FRONT STREET
P,O. Box 741
HARRiSBURG, PA 17108-0741
(717) 236.9377
FAX (717) 236-9316
btpw@att.net
WILLIAM D. ElOSWEll
OF COUNSEL
July 5, 2001
The Honorable Edgar B. Bayley
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, P A 17013-3387
RE: Pflatz v. Kovalick
No. 00-6500 Civil Term
Cumberland County Court of Common Pleas
Dear Judge Bayley:
I represent Marie Kovalick, the defendant in this case. On June 26,2001, I received a
copy of Plaintiff s Praecipe listing the case for trial. Despite the representation on that Praecipe that
the case,'whicliarises froma motor vehicle accident, is ready for trial, it is not. In fact, discovery
has been initiated but is far from complete, On June 27,2001, I sent a letter, by fax and hard copy
to Attorney Kreider, advising him of my objection to the listing and reviewing the several reasons
why I believed his listing to have been premature, I notified Mr, Kreider of my intent to depose
PlaintiffPfaltz, one of the accident wi1nesses, Nicole Wolfe, and the police officer who investigated
the accident. I told Attorney Kreider that an 1MB may also be indicated. I reminded him that I am
in the process of serving records deposition subpoenas upon Mr, Pfaltz's employers, and that! have
not yet received a response,
I also suggested that the case probably would be ready for listing at the end of this year or
early next year, and I provided a series of dates in August and September for the depositions
mentioned above. This case was originally filed late last year. The pleadings were only recently
closed, Discovery was initiated promptly and is proceeding thus far with all due speed and with all
parties fully cooperating, Nevertheless, we are a long way from being ready for trial, and I
respectfully ask that the case be stricken from your August 1 list so that we might complete all
appropriate pretri~l discovery,
t
_ '0' ~'___,__^____ _, '-" " -- - ''';'_ ' "
, -~, "~"".-:-'.
".,~ '~'-Y' "
The Honorable Edgar B, Bayley
July 5, 2001
Page 2
'-,",-,..
S-', ,,,-,~-,,..-, ,",
I have called Attorney Kreider to review each ofthe above-referenced concerns with him and
I am waiting for him to return my call, I will advise you as to whether or not he concurs in my
request as soon as I hear from him, In the meantime, however, I did want to present our objections
to the listing as soon as possible, in light of your July 2 Order listing the case for an August trial.
Also, the Cumberland County Rules of Court are silent as to the precise "form" that a request such
as this should take, inasmuch as it is a non-jury trial in question, Should the Court prefer a more
formal motion for continuance be filed and/or briefed for presentation to the Court, please let me
know and I will do so at once, Thank you for your consideration,
Very truly yours,
!jn1id Q.A1~
Brigid Q. Alford (JJ if)
BQA/adp
cc: David Kreider, Esquire
:r
-
.-"
. ~',,"" ,_ ..:l~r~-h_"',b.", ",-',;. '_',
, i'il
GEORGE p, PFLATZ, JR.,
PLAINTIFF
V,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
MARIE KOVALlCK,
DEFENDANT
00-6500 CIVIL TERM
ORDER OF COURT
AND NOW, this
~
day of July, 2001, IT IS ORDERED that a
bench trial shall be conducted on the within case in Courtroom Number 2, Cumberland
County Courthouse, Carlisle, Pennsylvania at 1 :30 p,m" Wednesday, August 1, 2001.
David A, Kreider, Esquire
For Plaintiff
./
:saa
/
-~~
0,,0
Brigid Q, Alford, Esquire
For Defendant
Court Administrator
, ,- - ~,
0'
n i q " r, 0
'.; , '. ,- C. '.
CUMLc~hl~,",
FrEi\F\!S\'l:,/: ",hE/\
;1;,
_lli_ W
".'
<,,'- ,-~
"".,
:1
,-,
,~. ~,","--
!'-W'F~~I1!.~I'1ffl~'11l:!II'J:~lt'S~~~~
__""L""*,,,,,,,,",~~,,",,,,-
-
~ ,~, ".
-
~~- ~ - . ,. llin""",",~;m,~d.o~
PYS510 Cumberland County Prothonotary's Office
Civil Case Inquiry
2000-06500 PFALTZ GEORGE P JR (vs) KOVALICK MARIE
Page
1
Reference No. . :
Case Type....,: WRIT OF SUMMONS
Judgment,...,,: .00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
Filed...."..:
Time......... :
Execution Date
Jury Trial. . . .
Dtsposed Date.
HJ.gher Crt 1.:
Higher Crt 2.:
9/25/2000
2:38
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
PFALTZ GEORGE P JR PLAINTIFF KREIDER DAVID A
KOVALICK MARIE DEFENDANT ALFORD BRIGID Q
4 EDGEWOOD DRIVE
MECHANICSBURG PA 17055
********************************************************************************
* Date Entries *
********************************************************************************
9/25/2000
10/06/2000
11/30/2000
2/28/2001
3/01/2001
3/01/2001
3/21/2001
4/09/2001
4/09/2001
4/24/2001
4/24/2001
4/24/2001
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED
-------------------------------------------------------------------
SHERIFF'S RETURN FILED
Litigant.: KOVALICK MARIE
SERVED : 10/05/00 WRIT OF SUMM MECHBG PA
Costs, ...: $35.44 pd By: WAGMAN, ASHWORTH, KREIDER 10/06/2000
-------------------------------------------------------------------
PRAECIPE FOR ENTRY OF APPEARANCE - FOR DEFT - BY BRIGID Q ALFORD
ESQ ATTY FOR DEFT
-------------------------------------------------------------------
COMPLAINT - BY DAVID A KREIDER ESQ FOR PLFF
-------------------------------------------------------------------
CERTIFICATE OF SERVICE - FOR PLFFS REQUEST FOR PRODUCTION OF COPING
OF DOCUMENTS SET NO 1 - BY DAVID A KREIDER ESQ FOR PLFF
-------------------------------------------------------------------
CERTIFICATE OF SERVICE FOR PLFFS INTERROGATORIES ADDRESSED TO DEFTS
SET NO 1 BY DAVID A KREIDER ESQ FOR PLFF
-------------------------------------------------------------------
DEFENDANT KOVALICK'S ANSWER TO COMPLAINT WITH NEW MATTER - BY
BRIGID Q ALFORD ESQ FOR DEFT
-------------------------------------------------------------------
PRAECIPE TO REINSTATE COMPLAINT WHICH WAS FILED WITH DEFTS ANSWER
TO COMPLAINT WITH NEW MATTER AND NEW MATTER - BY BRIGID Q ALFORD
ESQ FOR DEFT
-------------------------------------------------------------------
PLAINTIFF'S REPLY TO NEW MATTER - BY DAVID A KREIDER ESQ FOR PLFF
SHERIFF'S RETURN FILED
Litigant.: WOLFE NICOLE M
SERVED : 4/24/01 NOT FOUND LEMOYNE PA JOIN ADDL DEFT
: NOT FOUND AT THIS ADDRESS
Costs....: $15.54 pd By: BOSWELL, TINTER, PICCOLA 04/24/2001
-------------------------------------------------------------------
SHERIFF'S RETURN FILED
Litigant.: WOLFE NICOLE M
SERVED : 4/18/01 MANCHESTER PA YORK COUNTY WRIT JOIN ADDL DEFT
Costs....: $64,15 pd By: BOSWELL, TINTNER, PICCOLA 04/24/2001
-------------------------------------------------------------------
CERTIFICATE OF SERVICE FOR PLFFS ANSWERS TO DEFTS FIRST OF
INTERROGATORIES - BY DAVID A KREIDER ESQ FOR PLFF
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
* Fees & Debits Beq Bal Pvmts/Adi End Bal *
********************************************************************************
35.00
.50
5.00
5.00
.00
.00
.00
,00
------------
,00
WRIT OF SUMMONS
TAX ON WRIT
SETTLEMENT
JCP FEE
35.00
.50
5.00
5.00
45,50
45.50
", ,
- '&' ,,', -., ~
~ 'Li,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
GEORGE p, PFALTZ, JR,
Civil Action
v,
MARIE KOV ALICK
No,: 00-6500 Civil Term 2000
To: Marie Kovalick, 4 Edgewood Drive, Mechanicsburg, PA 17055
Date of Notice: febrvarj J.7, ;)JiOI
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 MAYBE 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 PLAINTIFFS, 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
Office of Court Administration
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Telephone Number: (717) 240-6200
~GMAN KREIDE~ & WRIGHT
BY:~~ .
David A. Krei er, Attorneys for Plaintiff
222 E, Orange Street, P,O, Box 1522
Lancaster, P A 17608-1522
(717) 397-7000
S,Ct.1D, No,: 38022
"---
;"
r :", _ " ~ '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE p, PFALTZ, JR.
Civil Action
v,
MARIE KOV ALICK
No,: 00-6500 Civil Term 2000
COMPLAINT
1. Plaintiff George P. Pfaltz, Jr. is an adult individual who resides at 1113 Walnut Street,
Lebanon, Pennsylvania 17042,
2, Defendant Marie Kovalick is an adult individual who resides at 4 Edgewood Drive,
Mechanicsburg, Pennsylvania 17055,
3, On November 13, 1998, Plaintiff was a passenger in a motor vehicle (Wolfe vehicle)
driven by Nicole Wolfe at the exit ramp off of Route 83 on to Routes I I II 5.
4, On said date, Ms, Wolfe stopped the vehicle at a stop sign controlling traffic at the
end of the exit ramp,
5, While the Wolfe vehicle was stopped at the stop sign, a vehicle driven by Defendant
rear-ended the Wolfe vehicle,
6, The accident was caused solely by the negligence of Defendant, which negligence
consisted of the following:
a, Failing properly to operate and control the motor vehicle she was driving;
b, Failing to keep a proper lookout in violation of75 Pa,C.S.A 93361;
c, Operating a vehicle in careless disregard for the safety of others in
violation of75 Pa,C,S.A 93714; and
d, Failing to adhere to the assured clear distance rule in violation of 75
Pa,C.S.A 93361.
7, As a result of Defendant's negligence, Plaintiff suffered, among other injuries, two
herniated discs; severe shoulder, neck and back pain; leg pain and numbness; arm pain and
numbness; muscle spasms; and severe headaches,
8, As a result of Defendant's negligence, Plaintiff lost his job as a telephone technician
for North America Telecommunications Corporation,
9, As a result of Defendant's negligence, Plaintiff has suffered and will continue to
suffer the following damages:
a, Past, present and future medical expenses;
b. The loss of past, present and future wages and earning potential;
c. Past, present and future physical pain, mental anguish, discomfort,
inconvenience and distress;
d, Past, present and future embarrassment and humiliation;
e, Past, present and future disfigurement; and
f, Past, present and future loss oflife's pleasures,
WHEREFORE, Plaintiff requests that judgment be entered in his favor and against
Defendant in an amount exceeding the jurisdictional limits requiring this matter to be submitted
to a board of arbitration, plus costs and attorneys fees as permitted by law,
WAGMAN KREIDER & WRIGHT
~4" ~
David A, Kreider, ttorneys for
Plaintiff
222 E, Orange Street, P,O, Box 1522
Lancaster, P A 17608-1522
(717) 397-7000
S,Ct.ID, No,: 38022
2
"c
VERIFICATION
I verify that the statements made in the foregoing Complaint which are within the
personal knowledge of the undersigned, are true and correct, and as to facts based on the
information of others, the undersigned, after diligent inquiry, believes them to be true, And
further, as to language and averments which may constitute legal conclusions, I sign this
verification on the recommendation of my attorneys who advise that the allegations and language
in the Complaint constituting legal conclusions are required legally to raise issues for resolution
at trial, by the Coult, or by continuing investigation and preparation for trial. I understand that
some of these allegations may prove inappropriate after investigation and trial preparation are
complete and I leave determination ofthese matters to my attorneys on their advice,
I understand that false statements herein are made subject to the penalties of 18
Pa.C,S,A. S 4904 relating to unsworn falsification to authorities,
~~~"
George p, faltz, Jr.
"
~'''''''~'-I'i'll'iIrID1Lt ~"~1lIl!Ili~U,,)1~~rSlfll~.&'AiJ
,-<,-,~
- " -~ ~~>
-
,~< c ~,
'1fh'"
ell
&AiIlllBI
RECEiVED rES? G 2001
.~ .
,"""'n""" "
i
,
I
I
I
!!
I
I
I
!
I
I
I
,
,
-"'"
,n,.
.',;:'
CERTIFICATE OF SERVICE
I hereby certifY that I have this day served a true and correct copy of the foregoing
Complaint upon the persons set forth below and in the manner indicated:
First class mail, postage pre-paid:
Marie Kovalick
4 Edgewood Drive
Mechanicsburg, PAl 7055
Scott Enley, Claim Specialist
State Farm Mutual Automobile Insurance Company
I 15 Limekin Road
P,O. Box 257
New Cumberland, P A 17070-0257
Date: ~1t7(O/
WAGMAN KREIDER & WRIGHT
~~
David A. Kreider, Attorneys for Plaintiff
222 E, Orange Street, P,O, Box 1522
Lancaster, P A 17608-1522
(717) 397-7000
S,Ct.ID, No,: 38022
. n~" ,-
,
..~ -~- "
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE P. PFALTZ, JR.
Civil Action
v.
MARIE KOVALICK
No.: (}V.(,S'(71} ~ J..v-
PRAECIPE
TO THE PROTHONOTARY:
Please issue a writ of Summons in the above-captioned action
and forward same to Sheriff for service on Marie Kovalick, 4
Edgewood Drive, Mechanicsburg, Pennsylvania 17055 in accordance
with the attached Sheriff's Service Form.
Date: ?/Z,! C'D
WAGMAN KREIDER & WRIGHT
~~
David A. Kreider, Attorneys for
Plaintiff
222 E. Orange Street, P.O. Box 1522
Lancaster, PA 17608-1522
(717) 397-7000
S.Ct.ID. No.: 38022
,
~
~ ~ :,,- r'$,'n.'..~
')
Commonwealth of Pennsylvania
County of Cumberland
George P. Pfaltz, Jr.
Court of Common Pleas
VB.
No, ______D_Q~65DJ1_CjL'Lil_I~_________ 19____
Marie Kovalick
4 Edgewood Drive
Mecbanicsburg, Pa. 17055
In _______~J_y!LA<:<j;;j.9.!l_J;,~______________m__
To _~~J_~_~~q~~g~___________________________
You are hereby notified tha t
_____~9~g~_?~__~t?_~t~,__~~~____________________________________________________________________
the Plaintiff ha s conunenced an action in _Civil..'LiMn____o.o.o.____o.__n____________h______n
against you which you are required to defend or a default judgment may be entered against you,
(SEAL)
__~~~jl~-~~--~QDSl-----------------------------
Prothonotary
DareS~Et~~.E_~?_________________ ~_G900 By __~-(l,-~-------------m
Deputy
,\;~i.;r, ~ '~!E~, ' ~ ~~iW>ft.~lll1'Wj' ""- ~ "'rilt.~j:1l..Jb;l~i'EiI~fuiij1'!-'Mf'I!l~'i'IF-.,k~
~'- .. ~ L_ [mIl" --'-'t~i~'~-"'" '~
k_ ~-,
(
.
111
!I
!
I'
"
, Z
, :s:"":s: ~ s>
,
t""'Si' , ~ t'l~ I
-..I OJ'" , ~ '0
,... ::J "'~ , ~o.f-" '0
-..I () f-'- R. lOCO ~ '1
OJt'lo. f-'l~ '",
Ul' ~ IUl
w fto1" f-" I () 0 '0 '0
"" t-' ~ ~ 10
-..I 'iti
I - @j~ ~ R~~ '0 In
> -..I H1 If-"
S 0 'UlQ CO 1O () ~ OJ I~
0 OJ CO f-" ~' - f-'-" I-' 'f-"
j 0 0. 'O~ <+ II-'
mco N
""<+'1 i OJ '...,
-..1'1- :CO
"'co ... c.., I~
OCOt'l 1:1 ,... '1
oo<+Ul , -..I . ,
I - .0 , 0 ,
, I
,... . , Ul I
Ul'O , Ul -
"'. ,
'" , CD
0 I I
I I
. I .
I I
OJ
~
,...
Ul
'"
'"
. ,_, , _ ^__'" ""~_ O"V M ,~, __, ,,_L~..'
,-",_ ,.'.,,1"',
,.>~_, "co
.< ~., ,-
v
" -. ~,~~
~~
,
.
~.
~-'
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06500 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PFALTZ GEORGE P JR
VS
KOVALICK MARIE
KATBY CLAKRE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
KOVALICK MARIE
the
DEFENDANT
, at 0020:05 HOURS, on the 5th day of october ,2000
at 4 EDGEWOOD DRIVE
MECBANICSBURG, PA 17055
by handing to
MARIE KOVALICK
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
,00
10.00
.00
35.44
SO;;~~~<~
R. Thomas Kline
me this
fe-
Jt) -
day of
10/06/2000
w~~,ASHWOR~'~
Depu Sherif f ________
Sworn and Subscribed to before
()~ 2.cvi) A.D.
~t9" )udi,.(19~
P othonotary
'0"_
:"",,<"
";':"1
, ~
-- -- ,.
m:\home\bqa\litig~t\statefnn\kovalick\entryofappearance.wpd Draft #1 November 28, 2000
. .
Jeffrey E. Piccola, Esquire
Supreme CourtlD. #18018
Brigid Q. Alford, Esquire
Supreme Court J.D. #38590
BOSWEll., TINTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
v.
MARIE KOV ALICK,
Defendant.
~
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-6500 Civil Term 2000
: CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
Kindly enter the appearances of Brigid Q. Alford, Esquire, Jeffrey E. Piccola, Esquire and
Boswell, Tintner, Piccola & Wickersham on behalf of Defendant Marie Kovalick,
Respectfully submitted,
By:
Date: t' /)<610)
Brigid Q, lford, Es uire
Supreme Court LD, #3859
Jeffrey E, Piccola, Esquire
Supreme Court LD, #18018
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Kova1ick
~~~, ~ ',~~,~.
,
>'i
. "--<'.~I
.
#
CERT.IFICATE OF SERVICE
I do hereby certifY that I have served a true and correct copy of the foregoing Praecipe for Entry
of Appearance by placing the same in the United States Mail, fIrst class, postage prepaid, at
Harrisburg, Pennsylvania, addressed as follows:
David A. Kreider, Esquire
WAGMAN, ASHWORTH, KREIDER & WRIGHT
222 East Orange Street
p, 0, Box 1522
Lancaster, P A 17608
Attorney for George p, Pflatz, Jr.
By: ~ ?Y P/t-yyQ
Brigid Q, A ord, Esquire
Date: ([ 1;;L'lIDJ
:">"'~-."O" - ,) \-:""
,,'C. 'C,.,.,
,,' . .
"~-,~_, ,~ ';L_, ~'--_. ,-
-
'; >;'__/.'_'~~' -_En,,,_, ,,-_,
,-;'-'
..
.. '..
.
0 0 0
c: 0 -r'1
i~ z --..--j:
0 :::
. m <: -, 1 "Tj
",F
'::0 c.> -.....ITi
.~ ""6
0 .._,,J .J
,--,
~d ~~~ ,-
-0 ~T,
K -,1;..'-'-"
~g :x 90
w Brn
.. ~
~ N
N -<
_.
""..
'.
...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE p, PFALTZ, JR,
Civil Action
v,
MARIE KOV ALICK
No,: 00-6500 Civil Term 2000
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of Plaintiffs Request
for Production and Copying of Documents - Set No, 1 upon the persons set forth below and in
the manner indicated:
First class mail, postage prepaid:
Marie Kovalick
4 Edgewood Drive
Mechanicsburg, PA 17055
Scott Erney, Claim Specialist
State Farm Mutual Automobile Insurance Company
115 Limekin Road
P,O, Box 257
New Cumberland, P A 17070-0257
Date: l-)"3 -0 I
/-:!tAN KREIDER & WRIGIIT
BY: {jv?/ ~
David A, Kreider, Attorneys for
Plaintiff
222 E. Orange Street, P.O, Box 1522
Lancaster,PA 17608-1522
(717) 397-7000
S,Ct.ID, No,: 38022
",
-
...
... ~~,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE p, PF ALTZ, JR.
Civil Action
v.
MARIE KOV ALICK
No,: 00-6500 Civil Term 2000
CERTIFICATE OF SERVICE
I hereby certiJy that I have this day served the original of Plaintiffs Interrogatories
Addressed to Defendant - Set No, 1 upon the persons set forth below and in the manner
indicated:
First class mail, postage prepaid:
Marie Kovalick
4 Edgewood Drive
Mechanicsburg, P A 17055
and a copy thereof on:
Scott Erney, Claim Specialist
State Farm Mutual Automobile Insurance Company
115 Limekin Road
P,O, Box 257
New Cumberland, P A 17070-0257
Date: 2 -2-'0- 01
WAGMAN KREIDER & WRIGHT
~~.
David A. Kreider, Attorneys for
Plaintiff
222 E. Orange Street, P,O. Box 1522
Lancaster, P A 17608-1522
(717) 397-7000
S,Ct.ID, No,: 38022
~
""-,-,,, >7""-
, ,,"'," ,.'_, -~-,
, ~.- "
.
, ,
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
}
NICOLE M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: George P. Pfaltz, Jr.
C/O David A. Kreider, Esquire
WAGMAN, ASHWORTH, KREIDER & WRIGHT
222 East Orange Street
P. O. Box 1522
Lancaster, PA 17608
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,
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
By:
~2-~
Brigid Q, ford, Esquir
Date: jl2IJIOI
.
Jeffrey E. Piccola, Esquire
Supreme CourtI.D. #18018
Brigid Q. Alford, Esquire
Supreme Court J.D. #38590
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
NICOLE M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, P A 17013
,
-
'. - ~~: -
'-,,--,- ""---,
- --- .~- - '
" ~ E",
, ,
NOTICIA
Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas
expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de Ie
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 os sus objeciones a leas demandas en contra de
su persons, Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una
order contra usted sin pervio aviso 0 notificacion y por cualquier queja or alivio que es pedido en
la peticion de demanda, U sted peude perder dinero os sus propiedades 0 ostros derechos importantes
para usted,
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR RAL SERVICIO,
VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA
ICINA COY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA VERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL,
LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
,"- C-, '~
"-'-"-"~-
~-- ,
.:_'"~'''; ~ '
.."'-
m:\home\bqa\litigat\statefrmlkovalick\answernmt.wpd Draft #3 March 20, 2001
Jeffrey E. Piccola, Esquire
Supreme CourtI.D. #18018
Brigid Q. Alford, Esquire
Supreme Court I.D. #38590
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
315 North Hont Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
NICOl.E M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
DEFENDANT KOV ALICK'S ANSWER TO COMPLAINT
WITH NEW MATTER
Defendant Kovalick, through her attorneys, Brigid Q, Alford, Esquire, Jeffrey E, Piccola,
Esquire and Boswell, Tintner, Piccola & Wickersham, presents her answer to Plaintiff s complaint,
with new matter, as follows:
1. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments of Paragraph 1; proof thereof is demanded,
2, Admitted, with the clarification that Defendant's last name is now Babiski.
3, Admitted, upon information and belief, with the clarification that the Wolfe vehicle
was being driven at the exit ramp of Route 581, on to Routes 11/15,
4, Denied. There is no stop sign controlling traffic at the end of the exit ramp in
question,
'"'.. '
--"',,--.-,
1"-.
, ,
5, Denied, There is no stop sign controlling traffic at the end of the exit ramp in
question, and Wolfe was not stopped at any stop sign, By way of further answer, Defendant avers
that, as she approached the end of the exit ramp in question, which, at all times relevant hereto, was
controlled by a yield sign, Defendant observed the Wolfe vehicle moving forward, and beginning
its merge onto Routes 11/15, Seeing the Wolfe vehicle moving in a forward motion, onto Routes
11/15, Defendant began to accelerate slowly, completing her approach to the end ofthe exit ramp,
in order to merge, Suddenly and without warning, Wolfe stopped her vehicle's merger onto Routes
11/15, applying her brakes in a sudden and unanticipated manner, and causing the front of
Defendant's vehicle to come into contact with the rear ofthe Wolfe vehicle,
6. Paragraph 6 sets forth a conclusion oflaw to which no response is required, Should
a response be deemed required, Defendant Kovalick:
a, Denies that she failed properly to operate and control the motor
vehicle she was driving;
b, Denies that she failed to keep a proper lookout in violation of 75
Pa,C,S.A. 3361;
c, Denies that she operated a vehicle in careless disregard for the safety
of others in violation of75 Pa,C,S,A. 3714; and
d. Denies that she failed to adhere to the assured clear distance rule in
violation of75 Pa,C,S,A, 3361.
7. The allegations of negligence are denied in their entirety. As to the allegations of
injury and damage, Defendant Kovalick is without knowledge or information sufficient to form a
belief as to the truth of those averments; proof thereof is demanded.
-2-
~ ~
-"',,,--
-"'.:,1
,'.',
8. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments of Paragraph 8 proof thereof is demanded,
9, The allegations of negligence are denied in their entirety, As to the allegations of
injury and damage, Defendant Kovalick is without knowledge or information sufficient to form a
belief as to the truth of those averments; proof thereof is demanded,
WHEREFORE, Defendant requests that the Complaint against her be dismissed or,
alternatively, that the Court enter judgment in her favor and against the Plaintiff,
NEW MATTER
10, Defendant Kovalick incorporates herein by reference her answers to Paragraphs I
through 9, above,
II. Plaintiffs injuries and damages, if any, were caused by the actions or omissions of
persons other than Defendant.
12, The Sudden Emergency doctrine bars all or part of Plaintiffs claims,
WHEREFORE, Defendant requests that the Complaint against her be dismissed or,
alternatively, that the Court enter judgment in her favor and against the Plaintiff,
NEW MATTER IN THE NATURE OF
ADDITIONAL DEFENDANT COMPLAINT
AGAINST NICOLE M. WOLFE
Pursuant to Pa.R.C.P. No. 22S2fa)
13, Defendant Kovalick incorporates herein by reference her answers to Paragraphs 1-12,
above,
-3-
--,' <"~
-" ,< "' '" --" ',,-~ ~';.,
n___ "
<>;11
14, Plaintiff George p, Pfaltz, Jr. has filed against Defendant a Complaint, a copy of
which is attached hereto, made a part hereof and identified as Exhibit A.
15, At all times mentioned in Plaintiffs Complaint, Nicole M, Wolfe, was the operator
of the 1997 Dodge Cargo van in which PlaintiffPfaltz was riding at the time of the accident at issue,
16, Nicole M, Wolfe is an adult individual, sui juris, residing at 621 Herman Avenue,
Lemoyne, Pennsylvania 17043,
17, On November 13, 1998, at approximately 5:25 poom., the vehicle being operated by
Additional Defendant Nicole M, Wolfe was traveling on the exit ramp of Route 581, intending to
merge her vehicle onto Routes 11/15 North,
18, A yield sign controlled the merger of traffic from the exit ramp onto Routes 11/15
North as of November 13, 1998.
19, At the aforementioned time and place, Defendant Kovalick was operating a 1996
GMC Jimmy, and was travelling on the exit ramp, behind Additional Defendant Wolfe's vehicle,
20, For purposes of presentation of this Additional Defendant Complaint and without
conceding the fact of accuracy of the same, Defendant Kovalick incorporates herein by reference
Plaintiffs allegations of damage and injury, as set forth in Paragraphs 7,8 and 9 of his Complaint,
specifically denying any liability therefore on the part of Defendant Kovalick.
21. In operating the 1997 Dodge Cargo Van at the aforementioned time and place,
Additional Defendant Wolfe failed to exercise ordinary care for the safety ofPlaintiffPfaltz, in one
or more of the following ways:
-4-
-"-
:',c,
. '-,
-"..'.
_'{ 0 ~-'-_~", -
(a) Ms, Wolfe failed to exercise proper care when
commencing her merger onto Routes 11/15 North;
(b) Ms. Wolfe failed to keep the proper lookout for all
oncoming traffic and failed to maintain a constant
vigil of the surrounding traffic patterns so as to avoid
having to discontinue her merge suddenly, arbitrarily,
and without warning;
(c) Ms, Wolfe operated the vehicle in careless disregard
for the safety of other persons, including the Plaintiff,
in violation of75 Pa, C.S.A. S 3714;
(d) Ms, Wolfe commenced her merge when it was unsafe
to do so, and, realizing that fact, reacted to it by
suddenly, arbitrarily, and without warning
discontinuing the merge, at a time and place within
which Ms, Kovalick could not avoid an impact with
the Wolfe vehicle;
(e) Ms, Wolfe failed to have the vehicle under proper and
adequate control at all time;
(f) Ms, Wolfe failed to warn Ms, Kovalick of her
decision to discontinue her merge onto Routes 11/15
North in a sufficient amount of time to allow Ms,
Kovalick to avoid impact.
22, If the allegations of Plaintiff's Complaint are established, and his injury and damages
are found to be caused by the negligence of someone other than the Plaintiff himself, then such
negligence was that of Additional Defendant Wolfe in failing to keep the vehicle that she was
operating under control and in her not driving in a careful and prudent manner..
23, Any negligence on the part ofthe Defendant, which negligence is hereby denied, was
merely secondary and passive in that the Defendant vehicle happened to be at the point in question,
-5-
whereas the negligence of Additional Defendant Wolfe is primary and active,
24, In the event, therefore, that PlaintiffPfaltz recovers a judgment against the Defendant
by reason of the facts set forth in his Complaint, such liability on the part of Defendant Kovalick,
will have been caused and brought about by the affirmative wrongdoing and negligence of
Additional Defendant Wolfe, and will not have been caused or brought about by any affirmative
negligence or carelessness on the part of Defendant Kovalick.
25, By reason of the aforesaid, Additional Defendant Wolfe is liable, if anyone is liable,
for the injuries or damages that were allegedly sustained by the Plaintiff; or is liable as to Defendant
Kovalick on the Plaintiff s cause of action, and Additional Defendant Wolfe is required to indemnify
Defendant Kovalick for any damages she may suffer on account of the occurrence mentioned in the
Plaintiff's Complaint; or is jointly or severally liable with Defendant Kovalick on the Plaintiffs
cause of action,
WHEREFORE, Defendant Kovalick demands judgment against Additional Defendant Wolfe
for all sums that may be adjudged against Defendant Kovalick in connection with Plaintiff Pfaltz' s
Complaint.
Respectfully submitted,
Date: 3P401
I
By: Brigi~ E~/!f!-J--
Supreme Court I.D, #38590
Jeffrey E, Piccola, Esquire
Supreme Court I.D. #18018
BOSWELL, TlNTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
-"
.~
~ '," '- ""','(
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE p, PFALTZ, JR.
Civil Action
v,
MARIE KOV ALICK
No,: 00-6500 Civil Term 2000
COMPLAINT
I. Plaintiff George p, Pfaltz, Jr. is an adult individual who resides at 1113 Walnut Street,
Lebanon, Pennsylvania 17042,
2, Defendant Marie Kovalick is an adult individual who resides at 4 Edgewood Drive,
Mechanicsburg, Pennsylvania 17055,
3, On November 13,1998, Plaintiff was a passenger in a motor vehicle (Wolfe vehicle)
driven by Nicole Wolfe at the exit ramp off of Route 83 on to Routes 11115,
4, On said date, Ms, Wolfe stopped the vehicle at a stop sign controlling traffic at the
end of the exit ramp.
5, While the Wolfe vehicle was stopped at the stop sign, a vehicle driven by Defendant
rear-ended the Wolfe vehicle,
6, The accident was caused solely by the negligence of Defendant, which negligence
consisted of the following:
a, Failing properly to operate and control the motor vehicle she was driving;
b, Failing to keep a proper lookout in violation of75 Pa,C.S,A. 93361;
c, Operating a vehicle in careless disregard for the safety of others in
violation of75 Pa,C,S.A. 93714; and
d, Failing to adhere to the assured clear distance rule in violation of75
Pa,C.S,A, 93361.
7, As a result of Defendant's negligence, Plaintiff suffered, among other injuries, two
herniated discs; severe shoulder, neck and back pain; leg pain and numbness; arm pain and
numbness; muscle spasms; and severe headaches,
&""LIo,+ "A"
I
8, As a result of Defendant's negligence, Plaintifflost his job as a telephone technician
for North America Telecommunications Corporation,
9, As a result of Defendant's negligence, Plaintiff has suffered and will continue to
suffer the following damages:
a, Past, present and future medical expenses;
b, The loss of past, present and future wages and eaming potential;
c, Past, present and future physical pain, mental anguish, discomfort,
inconvenience and distress;
d, Past, present and future embarrassment and humiliation;
e, Past, present and future disfigurement; and
f, Past, present and future loss oflife's pleasures,
WHEREFORE, Plaintiff requests that judgment be entered in his favor and against
Defendant in an amount exceeding the jurisdictional limits requiring this matter to be submitted
to a board of arbitration, plus costs and attorneys fees as permitted by law.
WAGMAN KREIDER & WRIGHT
~
David A. Kreider, ttorneys for
Plaintiff
222 E, Orange Street, P.O, Box 1522
Lancaster, PA 17608-1522
(717) 397-7000
S,Ct.ID, No,: 38022
2
~'. .
q,
"''''-~''''
VERIFICATION
I, Marie Kovalick, hereby verifY that the facts contained in the foregoing Answer with New
Matter to Plaintiffs Complaint are true and correct to the best of my knowledge, information and
belief, I understand that false statements herein are subject to the penalties of 18 Pa,C,S,A. !l4904
relating to unsworn falsification to authorities,
---M~ 0, ~~~
Marie Kovalick - ~I:.\
Date:~
,-'"
,>-,,---- ~,; . .- -,;
-~
--b2~i
. .
.
CERTIFICATE OF SERVICE
I do hereby certify that I have served a true and correct copy of the foregoing Defendant
Kovalick's Answer to Complaint with New Matter and New Matter in the Nature of Additional
Defendnat Complaint Against Nicole Wolfe by placing the same in the United States Mail, first
class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
David A. Kreider, Esquire
WAGMAN, ASHWORTH, KREIDER & WRIGHT
222 East Orange Street
P. O. Box 1522
Lancaster, P A 17608
Attorney for George P. Pflatz, II.
~~:2~~
Brigid Q. Alford, Esquir
Date: :=/;4D1
I,. _<'
'----'-,," ." I
- ~'. .i,:--..iw'c;~~-,
, . .
Jl~-'-r
.
,,-_c___.
-, _',-.i.,/-~-,~'j--"
....,,,
,,,.,',
.
~_.
,;, ~ ~k''''
U~""'''''' . ,'"
.... ."." . .
<;~
0 0 0
c: -n
-~ ::rr:; .__1
~,,~
""Ocn :-:!!tt , ~dl
mr'J't ';:)
Z:J:' r" "",-,,-,iTl
65~~':: -', e~
-' , ~-,.: ~)
r:: C) :t::.... {~2-(~
;~ ......
ZU -
-Fe) l.f? ;:o;,rn
Pc: ~
-
2.: D :0
=< <D -<
",-' '''',1-.,--.0.---
. ~-," ,"" ;r_' .'
,-,_.' "
.It
"
Jeffrey E. Piccola, Esquire
Supreme Court I.D. #18018
Brigid Q. Alford, Esquire
Supreme Court I.D. #38590
BOSWEll, TINTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108*0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
NICOLE M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
KINDLY reinstate the Complaint, which was filed with Defendant's Answer to
Complaint with New Matter and New Matter in the Nature of Additional Defendant Complaint
Against Nicole M. Wolfe, originally filed with this office on March 21, 2001.
Respectfully submitted,
By:
\'~do{. ~~ ~
Brigid ~. Alford, Esq e
Jeffrey E. Piccola, Esquire
Attorneys for Defendant Marie Kovalick
DATE: April 9, 2001
t'.illf
,I
~ ~IO,,--J.ii' ..
J -,
il~aiIu
,.
...
0 C> ~-I~\
C
:::-~ JY'
-0 (X~ ...,...
'.-
n1f'1 ~,XJ
--;7--
::-::.: I
/~i.... \J:l
~t~~,
2---:;C: --~-.,
::':::::(-j r;- (=)
)0 .,
'C:... c-1
:z; ==' )~
=< 0 ~-
.
" "_0 _, _ __ ,"_ :~ '
_-_'_j
'rl'lj
J?" ...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE P. PFALTZ, JR.
Plaintiff
Civil Action
v.
MARIE KOV ALICK
Defendant
v.
NICOLE M. WOLFE
Additional Defendant :
No.: 00-06500 Civil Term 2000
PLAINTIFF'S REPLY TO NEW MATTER
10. Plaintiffrealleges and incorporates paragraphs I through 9 of his Complaint.
II. Denied. Defendant's acts or omissions as set forth in Plaintiff's Complaint were the
cause of Plaintiff's injuries.
12. Denied. There was no sudden emergency.
WAGMAN KREIDER & WRIGHT
BY:
~t/~~/
David A. Kreider, Attorneys for
Plaintiff
222 E. Orange Street, P.O. Box 1522
Lancaster,Pi\ 17608-1522
(717) 397-7000
S.Ct.ID. No.: 38022
, ,~
-'"" -'-~-, ,--,~,
, ,',,----.. .,---,,-, ,'~ ~'f-' ''"'~~ ~^'<- iiJ_' '~,-
~",".-.1.~,
-,.' ~
CERTIFICATE OF SERVICE
I hereby certifY that 1 have this day served a true and correct copy of the foregoing
Plaintiffs Reply to New Matter on the person listed below and in the manner indicated:
First class mail, postage pre-paid:
Brigid Q. Alford, Esquire
Jeffrey E. Piccola, Esquire
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
Nicole Wolfe
621 Herman Avenue
Lemoyne, P A 17043
WAGMAN KREIDER & WRIGHT
Date: #/
~.r~.
David A. Kreider, Attorneys for
Plaintiff
222 E. Orange Street, P.O. Box 1522
Lancaster, P A 17608-1522
(717) 397-7000
S.Ct.1D, No.: 38022
~,
-_:h.~~!i!jj~mnlihfl:l1!1! ~j'i'Rzi. --& '~,-
~~'~Ullll -y-
?~-
"
" ~
"'"'"....
~
1IllIl',""
,e.
",-"
r
0 (:_7::-
C
<"
-05'.;
mrTi -
2:;;,
2C
Cf"' c-, ~.C
~f.:
~!~, -c
Z('<
5>C: f',J
7': ;:51 :::'>
-j :D
-<. (T> -<
-"
","" -
~" _,,__ . "H-,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GEORGE P. PFALTZ, JR.
Civil Action
v,
MARIE KOV ALlCK
No.: 00-6500 Civil Term 2000
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of Plaintiffs Answers to
Defendant's First ofInterrogatories Addressed to Plaintiff upon the person set forth below and in
the manner indicated:
First class mail, postage prepaid:
Brigid Q. Alford, Esquire
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
Date: 4../-. J... 3- 0 I
BY:
David A. Kreider,
Plaintiff
222 E. Orange Street, P.O. Box 1522
Lancaster, P A 17608-1522
(717) 397-7000
S,Ct.ID. No.: 38022
/,,/
y-- - '~~-~-"-
'ai'
~~,
Jl;,~~~'"-'~ ;.;; r'~
~"
,
,~ .
...eM
"
>-'"".
,-,--,-',",",."'.-
,.
'-:j
~
,'I
~
~
~
q
!,I
fJ
'j
"
ill
'I
I
II
I
(') 0 0
~ -n
~ ..-{
-0 fr;~ :D
::;Q ",
N -~~
:0 -;
~~ .t:" ,~C>
-0 =?"y,
!<::: --<1
~8 3 9.0
f;-] .rn
S;;~ ~
t;11 ~
.s;-
" ~
~,~... ....,,~ ~
-
-
-
-l~
-...,; " LU.i.c...;.l4ilJil..:lM,
-
1
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-06500 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PFALTZ GEORGE P JR.
VS
KOVALICK MARIE
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, ADD'TL DEFEND
WOLFE NICOLE M
but was
unable to locate Her in his bailiwick. He therefore returns the
NOTICE & COMPLAINT TO
JOINED ADDL' DEFT.
, NOT FOUND , as to
the within named ADD'TL DEFEND ,WOLFE NICOLE M
DEFT. NO LONGER RESIDES AT ADDRESS STATED.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
.00
10.54
5.00
.00
.00
15.54
~
R. Thomas Kli~e .
Sheriff of Cumberland County
BOSWELL, TINTER, PICCOLA
04/24/2001
Sworn and subscribed to before me
this
1..$ ~
day of ~
~! A.D.
g~a /hd~.~, ~ -
prot n tary
-,-.~~ - ~~..~""j,~...,,,
~~ ""
~"=~~, 0_
-"~y:
J>
t
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-06500 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PFALTZ GEORGE P JR
VS
KOVALICK MARIE
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named ADD'TL DEFEND
, to wit:
WOLFE NICOLE M
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
County, pennsylvania, to
serve the within NOTICE & COMPLAINT
On April
24th , 2001 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York Co
18.00
9.00
10.00
27.15
.00
64.15
04/24/2001
BOSWELL, TINTNER,
S~
R. Tomas Kline
Sheriff of Cumberland County
PICCOLA
Sworn and subscribed to before me
this
-",.....~
",-:l-
day of
~
c2t..o I A.D.
qr'~O~/~
Prothonotary
......
2'
COUNTY OF YORK
~-"
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
'-
28 EAST MARKET ST" YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAJNTlFFIS! 2. COURT NUMBER 1 V.1. <
George P. Pfaltz, Jr. I 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANTIS! Not ice & CompJ.ain t
Marie Kovalick, et. a1 to Join Addl' Deft's
SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CO. RPORATION, ETC. TO SERVE OA DESCRlPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
....... Nictlole M. Wol,fe
-,-- 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORD, lWE, STATE AND ZIP CODE
AT 701. Cassel Road, [,at, 61., Manchester, PA ] 737.5
7. INDICATE SERVICE: 0 PERSONAL a PERSON IN CHARGE ;0 DEPUTIZEC 1 Tn ~~-cM4t!1
NOW 4/1 0 101 19_I,SHERIFFOFlti!Sj)f~C
" orK COUNTY to exe
to law. This deputation being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
o POSTED 0 OTHER
e sheriff of
f ccording
Cumberland
ADVANC!::: FEE PAID BY CUMBEPJ:J\ND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without lJability on the part of such deputy or the sheriff to any
plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof.
9. TYPE NAME; ~ND ADQFlES,S. Qf.ATT~l!!I;.Y/ORIGINATOR and SIGNATURE
BRIGIlJ Q. ALE'orw, ~ti\.!.
315 N. FRONT ST., PO BOX 741, fl.l\RRISBORG, PA 17108-0741
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
10. TELEPHONE NUMBER
11. DATE FILED
3/21/01
CUMBEPJ:J\ND COUNTY SHERIFF
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
SIGNATURE OF AUTHORIZED CLERK 15. Expiration/Hearing Date
13. I acknowledge receipt of the writ
or complaint as indicated above. J. LUDWIG 4 11 01
16. HOW SERVED: PERSONAL~ RESIDENCEtX POSTED ( ) POE( ) SHERIFF'S OFF ( )
17.0 I hereby certify and return a NOT FOUND because I a~ unable to locate the individual, company, corporation, e1c, named above.
18. NAME AND. TITLE OF INDIVIDUAL SERVED I LIST ~_~YRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant)
01
SEE REMARKS
22. REMARKS:
~
41.AFFIR
1 Q,
44. Signature of
De . Sheriff
45. Signature of Yo
County Sheriff
WilLIAM M. HOSE
47. Date
00/
48. Date
43.
4/19/01
49. Date
46. Signature of Foreign
MY CO ISSION EXPIRES Coun Sheriff
50. I ACKNOWLEDGE RECEIPT F THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE. Issuing Authority 2.. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE D Sheriff's Office
51. Date Received
< ..
fo..
... ..
iUL
"\RI1~;t;:~~\l,\f-(
"c"\CE. ",\
<II I eR'I', \ I,
i '\ '0
1'1\0\ 11 .'
'\'J\ ,WI'. \l
-~
S!/ll~~~~~J'-t4;,~4,i@11wt~g~~~l*1~~~~~~~%%";<1.1i~F:..(';~'~-' ,-
'''>-' .-'-
COUNTY OF YORK
.~
C"
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
~8 ~ MARKET ST.. YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFFlSl 2. COURT NUMBER _ _ - J
"George F. Pfaltz, Jr.,......... ..... _....,....__ 4,TYPEOFWRITORC.0MPLAINT
3.DEFENDANTIS/ Not:tce & eomnlaint-
Marie Kovalick, "'1'. e) 1'0 Join Addl' Deft's
5. NAME OF INDIVIDUAL. COMPANY, CORPORATIOt'r,:-nC:JC>SEl1VE1:j' '~~E -CArj5iiON.O~O Y BE t. AnA -R D,'"O.i=rSOLO:
SERVE
. N'cholc l>'. Wolfe . .
6. ADDRESS <STREET OR AFD WITH BOX NUMBER, APT NO.. CITY, BORD, T\NP., STATE AND ZIP CODE
AT ~Ol ~assel Road, LoLo1, Manchester, PA 17325
7.INOICATE SERVICE: 0 PERSOI',IAL 0 PE;RSON ~~ ~ttA.8_~E__ Xo DEPunzE~ ;CEprr.::. _ D1ST CLASS MAl!,. __OPOSTED _ 0 OTHI;R,
NOW : .', (\ /01.19 ~ ~,$HE.R,II'FOE.. . COlJN"fY.l'A,A9 h!'re..bydeputize the sheriff of
1 o~ ~ .' ~..cOUNTY ~ execute this WrJt a~d make returr;1 U~13reof according
. to law. This deputation being made at the request and risk of the plaintiff.
.-- -
B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WIll ASSIST IN EXPEDI'fING SERVICE:
....
.l
-BHERIFF OF X:i*i1~- COUNTY
Cumberland
~
ADV~E FEE PAW BY CUMBERLAND COUNTY SHERIFF
'-'-.
NOTE ONLy APPUCABLE ON WRIT OF EXECUTION: N.S. WAlvE'Fi OF WATCHMAN - Any depuly shariff levying upon or attaching any-property unde_r ';;"i!hin writ may leave
--SaIl1e without a watchman, il'!. custody of whomever is found in possession, after notifying person of revy or attachment, without liability on the part of such deputy or the sheriff 10 any
plaintiff herein Jor any ross, destruction, or removal ?f ~ny P~1?P~rty before sheriff's sale thereof, _ - _ _-__
"":'f'l ~w..Mj .~O AOj)El.~"S"qj.ATIP'!l.~l'YIORIGlNAroR and SIGN. !,1fJRE .
_ R1ML.\IJ~ ALi'u~tl), Ei:N.. . .,
: 315 N. FFi>N'r ST., PO BOX 7<:l,w.RRIsB~, PA 17108-0741
1-2. SEND NCfTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be compfeteclif notice is 10 be mailed). -- _------ _
_ '- . , .' --:;:/'~. .;.-:ce:-'- ... ..~.
OOUNTY SHERIFF..~ f' . ..' ~..
SPACE ,BELOW FOFl USE F tHE SEHI O::DO NOT WRI BELOW T IS Lt~E
13. I acknowfedge receipt of the writ SIGNATURE OF AUrHO I E CLERK 14. Date Received 15. ExpiratJonlHearing Date
orcomp-'al~1 as indicated above. 4/11/01 4,1 ~'ni OJ
16. HOW SERVED PERSONA9!'\.) RESIDENC?\) POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHERC) SEE-REMAAKS
17.0 J hereby certify and return a NOT FOUND because f am unable to locatethe Individual, com an ,cor oration, -etc, named above
-':=:!
10. TELEPHONE NUMBEB
11. DATE FILED
3/21/81
22. REMARKS:
..
~ ~
,
I
,r
....;
...
...
)-...
.~
'-
47,0..., J-- "'I
".. ICP''''''
~ 23. Advance Costs
~
;,~
lOO..no () -, <;
34. Foreign C;?l,mty Cost~ 35:Advahce,Costs 36. Service Costs:.-
30. Notary Fee
~. :I\)
38. Mileage/PostagefN.F.
',,- "......." -",,,,,,
-- :,i!,..",I<-.l~ <~!,.........~..,.,.-->:'\~
41. AFFIRME~ a~_d ..~b;Cri.bed to befont,~e ~'!1f~
42. day of l!PRIL r'J ,- I
43, /)
19'I'H
44. Sig.nature?f /. ~
45. Si~nature of Yom
County Sheri~.-'
48. Date
/;t:.t/k"?
A c_~/ot
49. Dale
WILLIAM!" .f&EE
otarylNotary PUb! ' 46.Signalure of Foreign
MY :'..;1'_ -"J Coun Sheriff
50.' ACKNO LEDGE RECEr .F THE SHERIFF'S RETURN SlG~
OF AUTHORlZEO ISSU_'NG AUTI:l9.13JTY AfIIDT1TL~ " .... '_., ---._ __........- ....,.. _._ .'.
1. WHI'ij:: . Issuing Authority 2. PINK - Attomey 3. CANARY. Sheriff's ,OffIce, 4~ aWE _~ SherJff'~ Office.
51. Dale Received
-...
L
"""": ' ;'
'.-, ->.--.,< ~'--~,-- ~."< _~'o" ,_-'" "..__ "<"'"0'-" ,,,-~-,~~.- , - ,_ j,~f8:
ORIGINAL
GEORGE P. PFALTZ, JR
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
RULE TO SHOW CAUSE
..
AND NOW, this
day of
, 2001, upon consideration of
Additional Defendant Nicole M. Wolfe's Preliminary Objections to the attempted joinder by
Defendant Marie Kovalick, a Rule is hereby entered on Defendant Marie Kovalick to show cause
why the relief sought in Additional Defendant Nicole M. Wolfe's Preliminary Objections should
not be granted. Rule returnable within days.
BY THE COURT:
J.
230763,IlMEKIMMM
l)
II
'"-''-'' ,-,. ,~--"-'-,,-,, - - ~",,-"-'",">--'" , C'_/, '~-'-"-',i;;_,_- '~" '-'-'-;;"-l~
GEORGE P. PFALTZ, JR.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
V.
NICOLE M. WOLFE,
Additional Defendant
ORDER
AND NOW, this
day of
, 2001, upon consideration of
Additional Defendant Nicole M. Wolfe's Preliminary Objections to the attempted joinder by
Defendant Marie Kovalick through the use of New Matter rather than the filing of a Praecipe for
Writ of Summons or the filing of a separate Complaint is determined to be contrary to
Pennsylvania Rules of Civil Procedure 2252(b), and the New Matter is hereby STRICKEN
WITH PREJUDICE.
BY THE COURT:
J.
230763.11MEKIMMM
II
Ii
,- ^ ;,." 'C '-"'-J ,_ ^,,,__,^, _, ,<_~~. ,_c_
-'---- -- -..~"";:,",,,
~"''--;
GEORGE P. PFALTZ, JR.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Preliminary Objections
within twenty (20) days from service hereof or a judgment may be entered against you.
ichael E. Kosik
J.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Additional Defendant
DATED: 5/8/01
230763.I\MEKIMMM
"
II
'{
",.c"'..,,',.
",--_x.,j;,_ . """'''''_-",^,,-,~_ ',/." ,,--i --
Ti~
,
GEORGE P. PFALTZ, JR.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
PRELIMINARY OBJECTIONS OF ADDITIONAL DEFENDANT
NICOLE M. WOLFE TO THE DEFENDANT'S ATTEMPTED JOINDER
AND NOW, comes Additional Defendant Nicole M. Wolfe by and through her attorneys
Angino & Rovner, P.C. and objects to Defendant's New Matter for failure to conform to Rules
of Court as follows:
1. Additional Defendant Nicole M. Wolfe was served with a copy of Defendant
Kovalick's Answer to the Complaint with New Matter on April 18, 2001.
2. Additional Defendant Nicole M. Wolfe was not a partv to the civil action filed by
Plaintiff George P. Pfaltz, Jr. against Defendant Marie Kovalick in Civil Action No. 00-6500
Civil Term 2000 to Cumberland Connty to which Defendant filed the Answer with New Matter.
3. Defendant Marie Kovalick as part of her New Matter attempted to include New
Matter in the nature of an Additional Defendant Complaint against Nicole M. Wolfe pursuant to
Pennsylvania Rule of Civil Procedure 2252 (a).
4. Pennsylvania Rules of Civil Procedure 2252(b) is clear and states that if a person
sought to be joined is not a party to the action, the joining party may file as of course a Praecipe
for Writ or a Complaint.
230763JlMEKIMMM
,"-- . ,,-c -~'-, , k"y-" . " . _on ,,;,~ ;;';,,"'_,-'t--' , ".'_7'"
.
5. Defendant Marie Kovalick attempt to use the procedure set forth in Pennsylvania
Rilles of Civil Procedure 2252(d) which provides that if the person sought to be joined is a party,
the joining party shall, without moving for severance of the filing of a Praecipe for a Writ or
Complaint, assert in the Answer as New Matter that such party is alone liable to the Plaintiff or
liable over to the joining party or jointly or severally liable to the Plaintiff or liable to the joining
party directly setting forth the grounds therefor.
6. Additional Defendant Nicole M. Wolfe maintains that the attempt to join her in the
civil action which has been brought against Defendant Marie Kovalick through the use of New
Matter without filing a Praecipe for a Writ or a Complaint is the improper procedure and
therefore the attempted joinder is void.
7. At the time of the accident giving rise to Plaintiff George P. Pfaltz, Jr.'s accident,
Additional Defendant Nicole M. Wolfe was a co-employee of the Plaintiff at North American
Telecommunications and was operating the van owned by North American Telecommnnications
in which George P. Pfaltz, Jr. was a passenger.
8. The accident occurred on the entrance ramp from Route 581 onto Route 11 & 15 in
Cumberland County.
9. At all times leading up to the accident, the North American Telecommunications van
which Additional Defendant Nicole M. Wolfe was driving was at a complete stop and was rear
ended by the vehicle driven by Marie Kovalick.
10. Additional Defendant Marie M. Wolfe was required to stop and yield the right-of-
way to traffic on the main through highway, Route 11 & 15 since she was on a ramp controlled
by a yield sign and there was heavy rush hour traffic travelling on the through highway, Route 11
& 15.
230763.11MEKIMMM
-~",_-.:r- - -.~, ,C ,~~'" 0'_ """
y,-',;';': "---,',,,""',>-,,-,',
-" c' n
11. Defendant Marie Kovalick's attempt to allege a negligent merge, on the part of
Additional Defendant Nicole M. Wolfe, is not supported by the facts and does not in any way
relieve Defendant Marie Kovalick from her responsibility from striking the rear of the vehicle in
which Additional Defendant Nicole M. Wolfe and George P. Pfaltz, Jr. were riding.
12. Defendant Marie Kovalick has not included any allegations in her New Matter
attempting to join Nicole Wolfe as an Additional Defendant identifying the vehicle which Nicole
Wolfe was operating since it was owned by North American Telecommnnications for whom
both Plaintiff George M. Pfaltz, Jr. and Nicole M. Wolfe were employed.
13. The Pennsylvania Worker's Compensation Act acts as a bar to any direct action by
Plaintiff George P. Pfaltz, Jr. against his fellow employee Nicole M. Wolfe as Additional
Defendant.
14. In the accident giving rise to Plaintiff George P. Pfaltz, Jr.'s accident, Additional
Defendant Nicole M. Wolfe was seriously injured.
15. As a result of injuries sustained by Additional Defendant Nicole M. Wolfe, she has
been required to undergo three operations and has been totally disabled from work.
16. Defendant Marie Kovalick's insurance company, State Farm, who has retained her
current counsel, tendered their policy limits of $1 00,000 and settled Additional Defendant Nicole
M. Wolfe's claim against Marie Kovalick for their policy limits in exchange for a release.
17. Additional Defendant Nicole M. Wolfe maintains that not only was the procedure
attempted to be utilized by Defendant Marie Kovalick improper, but there is no fonndation or
valid cause of action by Defendant Marie Kovalick or Plaintiff George P. Pfaltz, Jr. directly
against Nicole M. Wolfe arising out ofthis accident.
230763.1\MEKIMMM
-~" ,__,01 '.''',--
.--'.
,-C.. ."~;~' ,_'- '..- - __t' ,,',< ",__ -,>._ -
'.,.,
.
18. Additional Defendant Nicole M. Wolfe assumes that Defendant George P. Pfaltz, Jr.
filed a Praecipe for Writ of Summons against Defendant Marie Kovalick prior to the two-year
statute oflimitations which would have rnn on November 13, 1998.
19. The Notice contained on the Complaint filed by Plaintiff George P. Pfaltz, Jr. against
Defendant Marie Kovalick is dated February 27, 2001 and was served via certified mail on
Defendant Marie Kovalick on February 28, 2001.
20. More than 60 days have passed since Defendant Marie Kovalick was served with the
initial pleading, therefore, any attempted joinder by Defendant Marie Kovalick would now be
improper pursuant to Pennsylvania Rules of Civil Procedure 2253.
WHEREFORE, Additional Defendant Nicole M. Wolfe asks that the Court dismiss
Defendant Marie Kovalick's attempted joinder of Additional Defendant Nicole M. Wolfe with
prejudice.
lchael E. Kosik
J.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiff
230763.llMEKIMMM
,',- - ,-,-"
"'~,~','h',:",-,,^ -~ " " ,'",-,
- , ,- "-r.,~,,'t
,
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF DAUPHIN
I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states
that I am counsel for Additional Defendnat, that I am authorized to make this Affidavit on behalf of
said Plaintiffs, and that the facts set forth in the foregoing Preliminary Objections, are true and
correct to the best of my knowledge, information and belief.
Sworn to and subscribed
before me this ~ay
of
2001.
My Commission Expires:
NOTAaW. SEAl.
us,\ A. Nt>Wf.P:r. NolOry Public
Hcr'i'b{)tJrg. Ocvi!"!.n Caumy. PA
My CIUt~miz;iOQ bpiM May 6. 2.m
68991/LRJ
.1,'
,- "c__ " ~,"" .'-~'4-;":"";","-'_'.""-:.i "c-
I
",-"-"',-~-,,,' ;,,, ""~,
,
CERTIFICATE OF SERVICE
AND NOW, this 8TH day of May, 2001 I, Michelle M. Milojevich, an employee of Angino
& Rovner, P.C., do hereby certifY that I have served a true and correct copy of the PRELIMINARY
OBJECTIONS OF ADDITIONAL DEFENDANT NICOLE M. WOLFE TO THE
DEFENDANT'S ATTEMPTED JOINDER in the United States mail, postage prepaid at
Harrisburg, Pennsylvania, addressed as follows:
Brigid Q. Alford, Esquire
Jeffrey E. Piccola, Esquire
Boswell, Tintner, Piccola & Wickersham
PO Box 741
Harrisburg,PA 17108-0741
Attorney for Kovalick
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
PO Box 1522
Lancaster, P A 17608
Attorney for Pflatz
,
7lI~ittJj M. /}1Al~:uA
Michelle M. Mi ojevich
230763.I\MEKIMMM
F--').,
c"
> ~ "c .~. ~ ,
-~~Il1fi-.AiJ'l!iId~
"-~
iJ'-"'~_
", "'C.:A-"~--~'--'"~'"' ~-,
(') ;-'--, -~
'..-' ~-:1
C~
:-,,;:. :':~
"'1J \~c: . , '.
~ , '"
L , '-
(j) .. co
-< '___J
~C) ----;'-1:
)>l--'
Z -' i ,
); C r~") n
c:: '--'
-,,- .. ,>
-- -~)
--i :7J
-<. Ul -<
..
~,
~;
'I,
i
~.
~
I
~
I;
s','^,"o' ,,;,,' ',',,",",'~:~', ",;11>'1.";,'~ I
'\
1
!~
i
-.,
i ""'__,lL__~_
~~
g)~
C'-\
b::J:
. 'T1
"d'"
~~
:::;'-\
:::~
9~
.....tTj
"'tTj
g,-\
S;"O;?:O:
zo)>~=-
OClGl-=
)>0;;:0:
enX)>)>::-
--I-"Z' =
mOl' ^=
;u1\J)>;U=
. I\J en m =
"0 :c --
)> ~lil=
~ o;u=-
'" ;U' =
lJ) -Im::-
o :c0l-
0> . 0
^c
;u-
m;U
om
m
;u
jlO
~
;u
G5
:c
-I
~
o
>-I
Z
o
R'
~
t11
J:l
~
o
i~
'" '"
Ion c:::J ~'l
~ F'-J ~
en (.AJ ;G"
~ ?
.., .::-- '"
m
~,,.'t*~~:
~ .~,
" _ l' ~,~,,"
~
t
I
I
,
~
I';
I
I
;\i}~?;~~~ ~~~~WElj:titf;:;;:11~r;'~Z~;':ij;, .~~:~t~~;1:L~ })jH~j',:,:~:~,:fu""W,
'-" - - ,,'~,
~~
~Z
000
~~
1;i:r:
- ;i:l
~~
::;,..,
>-' 00
?~
>-'['Ij
-.J['Ij
@,..,
:c-oCD<-CD::-
)>00!Jl21=-.
;(lCD!;g."Q=
<20<;0-:
(.I)xmmO:
00..., i=-<P =-.
c..... m)>-
;tl~-1' =
Q --00-:
. ~(iCl:
-0)> Z () ;0 =-
mOo=-
.?J ';m::
-0- (.1)::-
(imo=-.
()(.I)c=-
o@;o=-.
r-m-
,P;O :
I1<>m :-
:z: -
(i
~
;0
(.I)
:c
)>
s:
-'"
'"
-'"
~
6
~
~
=
=
w
.j:-...
C1
lI-*"'*"'_~
~
'"
~
'"
'"
~ '- " ~,~,
"
o
"'
~
_l'", , '
-" ,,';~,_.'
~ " '" ';
: "j, ::,!,~ j,'Oo;~~;"';;$,~;o;'-"'''''':~'''.'''' ;;,-,,-"~
~
o
Z
o
f?'
~
~
tr1
;;
~
o
i
I
I
f
/
w~/
J
,B';';."" """',"-... - ~
~~
'"
i ,
~
.
.
GEORGE P. PFALTZ, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
RULE TO SHOW CAUSE
AND NOW, this
day of
, 2001, upon consideration of
Additional Defendant Nicole M. Wolfe's Preliminary Objections to the attempted joinder by
Defendant Marie Kovalick, a Rule is hereby entered on Defendant Marie Kovalick to show cause
why the relief sought in Additional Defendant Nicole M. Wolfe's Preliminary Objections should
not be granted. Rule returnable within days.
BY THE COURT:
J.
230763.1IMEKIMMM
.~-- ~ "~~
iQkIlsl,1'-.""""
t
GEORGEP. PFALTZ, JR.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CNIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
V.
NICOLE M. WOLFE,
Additional Defendant
ORDER
AND NOW, this
day of
, 2001, upon consideration of
Additional Defendant Nicole M. Wolfe's Preliminary Objections to the attempted joinder by
Defendant Marie Kovalick through the use of New Matter rather than the filing of a Praecipe for
Writ of Summons or the filing of a separate Complaint is determined to be contrary to
pennsylvania Rules of Civil Procedure 2252(b), and the New Matter is hereby STRICKEN
WITH PREJUDICE.
BY THE COURT:
J.
230763.llMEKIMMM
:~""",_,"Ii;","i!=
" ~, ~
_-,',L,
, ~' ',$~
,
GEORGE P. PFALTZ, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
V.
NICOLE M. WOLFE,
Additional Defendant
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Preliminary Objections
within twenty (20) days from service hereof or a judgment may be entered against you.
ichael E. Kosik
LD. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Additional Defendant
I
.I
II
II
I'
,I
II DATED: 5/8/01
!I
"
II
11
I'
I
I
I
il
"
it
'I
I,
"
II
II 230763.lIMEKIMMM
il
II
,*,-.r~.J.'<"''''''''f__~ ~~.
-
-"-~ -
-~,
t
GEORGE P. PFALTZ, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
o
: CIVIL ACTION - LAW c;=
: NO. 00-6500 CIVIL TERM 2000 d,5m
. J-_ .J~'
. ZC
~~;:,
r.:;:C)
~.
~o
....0
:Pc
Z
=<
c:>
MARIE KOV ALICK,
Defendant
:sr..
:;',~""
~,-<
I
C:)
-',."-'.
. -n
v.
ry
'''>
<)1
i~~; f'~j~
,-I
'1>
:u
-<
-.
NICOLE M. WOLFE,
Additional Defendant
PRELIMINARY OBJECTIONS OF ADDITIONAL DEFENDANT
NICOLE M. WOLFE TO THE DEFENDANT'S ATTEMPliED JOINDER
AND NOW, comes Additional Defendant Nicole M. Wolfe by aIid through her attorneys
Angino & Rovner, P.C. and objects to Defendant's New Matter for failure to conform to Rules
of Court as foIlows:
1. Additional Defendant Nicole M. Wolfe was served with a copy of Defendant
Kovalick's Answer to the Complaint with New Matter on April 18, 2001.
2. Additional Defendant Nicole M. Wolfe was not a partv to the civil action filed by
Plaintiff George P. Pfaltz, Jr. against Defendant Marie Kovalick in Civil Action No. 00-6500
Civil Term 2000 to Cumberland County to which Defendant filed the Answer with New Matter.
3. Defendant Marie Kovalick as part of her New Matter attempted to include New
Matter in the nature of an Additional Defendant Complaint against Nicole M. Wolfe pursuant to
Pennsylvania Rule of Civil Procedure 2252 (a).
---------,,-,---,-- -, "',------
------,------
-----,----,-----
--- -----
4. Pennsylvania Rules of Civil Procedure 2252(b) is clear and states that if a person
sought to be joined is not a partv to the action, the joining party may file as of course a Praecipe
for Writ or a Complaint.
230763.IIMEKIMMM
-"-"'"'~-
,
~ ~,>. '"~,
5. Defendant Marie Kovalick attempt to use the procedure set forth in Pennsylvania
Rules of Civil Procedure 2252(d) which provides that if the person sought to be joined is a party.
the joining party shall, without moving for severance of the filing of a Praecipe for a Writ or
Complaint, assert in the Answer as New Matter that such party is alone liable to the Plaintiff or
liable over to the joining party or jointly or severally liable to the Plaintiff or liable to the joining
party directly setting forth the gronnds therefor.
6. Additional Defendant Nicole M. Wolfe maintains that the attempt to join her in the
civil action which has been brought against Defendant Marie Kovalick through the use of New
Matter without filing a Praecipe for a Writ or a Complaint is the improper procedure and
therefore the attempted joinder is void.
7. At the time of the accident giving rise to Plaintiff George P. Pfaltz, Jr.' s accident,
Additional Defendant Nicole M. Wolfe was a co-employee of the Plaintiff at North American
Telecommunications and was operating the van owned by North American Telecommunications
in which George P. Pfaltz, Jr. was a passenger.
8. The accident occurred on the e.ntrance ramp from Route 581 onto Route 11 & 15 in
Cumberland County.
9. At all times leading up to the accident, the North American Telecommunications van
I
,
II
il
'I
'I
I'
I
i
II
II
I,
II
II
which Additional Defendant Nicole M. Wolfe was driving was at a complete stop and was rear
ended by the vehicle driven by Marie Kovalick.
10. Additional Defendant Marie M.Wolfe was required to stop and yield the right-of-
way to traffic on the main through highway, Route II & 15 since she was on a ramp controlled
by a yield sign and there was heavy rush hour traffic travelling on the through highway, Route II
& 15,
230763,IIMEKIMMM
o,~O;j,__~' ~~ ~ ,"
~.b.Iil'~'
t
11. Defendant Marie Kovalick's attempt to allege a negligent merge, on the part of
Additional Defendant Nicole M. Wolfe, is not supported by the facts and does not in any way
relieve Defendant Marie Kovalick from her responsibility from striking the rear of the vehicle in
which Additional Defendant Nicole M. Wolfe and George P. Pfaltz, Jr. were riding.
12. Defendant Marie Kovalick has not included any allegations in her New Matter
attempting to join Nicole Wolfe as an Additional Defendant identifying the vehicle which Nicole
Wolfe was operating since it was owned by North American Telecommunications for whom
both Plaintiff George M. Pfaltz, Jr. and Nicole M. Wolfe were employed.
13. The Pennsylvania Worker's Compensation Act acts as a bar to any direct action by
Plaintiff George P. Pfaltz, Jr. against his fellow employee NicoleM. Wolfe as Additional
Defendant.
14. In the accident giving rise to Plaintiff George P. Pfaltz, Jr.'s accident, Additional
Defendant Nicole M. Wolfe was seriously injured.
15. As a result of injuries sustained by Additional Defendant Nicole M. Wolfe, she has
been required to undergo three operations and has been totally disabled from work.
16. Defendant Marie Kovalick's insurance company, State Farm, who has retained her
current counsel, tendered their policy limits of $100,000 and settled Additional Defendant Nicole
M. Wolfe's claim against Marie Kovalick for their policy limits in exchange for a release.
17. Additional Defendant Nicole M. Wolfe maintains that not only was the procedure
attempted to be utilized by Defendant Marie Kovalick improper, but there is no foundation or
valid cause of action by Defendant Marie Kovalick or Plaintiff George P. Pfaltz, Jr. directly
against Nicole M. Wolfe arising out of this accident.
230763,l\MEKIMMM
" ,~
.
~ , ~
~ '1M11''P'm TJ,]Ji!!\'
,
18. Additional Defendant Nicole M. Wolfe assumes that Defendant George P. Pfaltz, Jr.
filed a Praecipe for Writ. of Summons against Defendant Marie Kovalick prior to the two-year
statute of limitations which would have run on November 13, 1998.
19. The Notice contained on the Complaint filed by Plaintiff George P. Pfaltz, Jr. against
Defendant Marie Kovalick is dated February 27, 2001 and was served via certified mail on
Defendant Marie Kovalick on February 28,2001.
20. More than 60 days have passed since Defendant Marie Kovalick was served with the
initial pleading, therefore, any attempted joinder by Defendant Marie Kovalick would now be
improper pursuant to Pennsylvania Rules of Civil Procedure 2253.
WHEREFORE, Additional Defendant Nicole M. Wolfe asks that the Court dismiss
Defendant Marie Kovalick's attempted joinder of Additional Defendant Nicole M. Wolfe with
prejudice.
Ichael E. Kosik
J.D. No. 36513
4503 N. Front Street
Harrisburg, P A 17110
(717) 238-6791
Attorney for Plaintiff
230763,IIMEKIMMM
-""_<l~~' '-"<>"~~-..llI
- "~
" "''-,~
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states
that I am connsel for Additional Defendnat, that I am authorized to make this Affidavit on behalf of
said Plaintiffs, and that the facts set forth in the foregoing Preliminary Objections, are true and
correct to the best of my knowledge, information and belief.
'" /'/-~i,..r-'~~~
}/ /" ,-
// /,,-;/
, ,( //
~ {///j (//
lCb:el E. Kosik, Esquire
Sworn to and subscribed
before me this f)~ay
of
2001.
My Commission Expires:
NOTAI!W. seAL
IlSA A. N.OWERY. l<ot~." Public
HCl":-bhvrg, Oe~7!'li" COf.,J~'y, f'A
. " ... .;' ~ '"l':''''''''
i'kj C~ll$'tlf.-~O"i~ r:.;:pn{;'a May '.,i, ~;.;,.>.;'~
---.'-
68991/LRJ
.
-
.~-
CERTIFICATE OF SERVICE
AND NOW, this 8TH day of May, 2001 I, Michelle M. Milojevich, an employee of Angino
& Rovner, P.C., do hereby certifY that I have served a true and correct copy of the PRELIMINARY
OBJECTIONS OF ADDITIONAL DEFENDANT NICOLE M. WOLFE TO THE
DEFENDANT'S ATTEMPTED JOINDER in the United States mail, postage prepaid at
Harrisburg, Pennsylvania, addressed as follows:
Brigid Q. Alford, Esquire
Jeffrey E. Piccola, Esquire
Boswell, Tintner, Piccola & Wickersham
PO Box 741
Harrisburg, PA 17108-0741
Attorney for Kovalick
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
PO Box 1522
Lancaster, PA 17608
Attorney for Pflatz
7/!~~ffi rJ1. lJtrl~ ;p)_
Michelle M. Mi oJevlch
Ii
'i
II
I
II
II
ii
'\
II
"
" 230763.lIMEKIMMM
ili~'""",.,)l'j.~ ~
,- "
.~
t
GEORGE P. PFALTZ, JR.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
V.
NICOLE M. WOLFE,
Additional Defendant
RULE TO SHOW CAUSE
AND NOW, this
day of
, 2001, upon consideration of
Additional Defendant Nicole M. Wolfe's Preliminary Objections to the attempted joinder by
Defendant Marie Kovalick, a Rule is hereby entered on Defendant Marie Kovalick to show cause
why the relief sought in Additional Defendant Nicole M. Wolfe's Preliminary Objections should
not be granted. Rule returnable within days.
BY THE COURT:
J.
230763,IlMEKIMMM
1,_..,,,_a.,,
-- ~
" '"
"~,
.
GEORGE P. PFALTZ, JR.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
V.
NICOLE M. WOLFE,
Additional Defendant
ORDER
AND NOW, this
day of
, 2001, upon consideration of
Additional Defendant Nicole M. Wolfe's Preliminary Objections to the attempted joinder by
Defendant Marie Kovalick through the use of New Matter rather than the filing of a Praecipe for
Writ of Summons or the filing of a separate Complaint is determined to be contrary to
Pennsylvania Rules of Civil Procedure 2252(b), and the New Matter is hereby STRICKEN
WITH PREJUDICE.
BY THE COURT:
J.
230763.1\MBKIMMM
~ ""'w~" - "",,"':;i/ "~~
"
~"
"':,;gj
,
GEORGE P. PF AL TZ, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Preliminary Objections
within twenty (20) days from service hereof or a judgment may be entered against you.
ichael E. Kosik
J.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Additional Defendant
DATED: 5/8/01
230763,IIMEKIMMM
,'0_' Ii
" " ~ ~
lfJi'l~)]
t
GEORGE P. PFALTZ, JR.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
: NO. 00-6500 CIVIL TERM 2000
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
o C) ,~~
S;
""'--. ~
-otfi 7',,,,"
rn [T' -,~
Z:=-l t --~;r:j
PRELIMINARY OBJECTIONS OF ADDITIONAL DEIFENDA ~~ oo:~)
NICOLE M. WOLFE TO THE DEFENDANT'S ATTEMPTED JOI~R =' c= /<
~ ~:2 r-~ t.:~) r'1',
.Y c:. ., -i
z: w 5:J
AND NOW, comes Additional Defendant Nicole M. Wolfe by and through het attMheyg<
Angino & Rovner, P.C. and objects to Defendant's New Matter for failure to conform to Rules
of Court as follows:
1. Additional Defendant Nicole M. Wolfe was served with a copy of Defendant
Kovalick's Answer to the Complaint with New Matter on April 18, 2001.
2. Additional Defendant Nicole M. Wolfe was not a party to the civil action filed by
Plaintiff George P. Pfaltz, Jr. against Defendant Marie Kovalick in Civil Action No. 00-6500
Civil Term 2000 to Cumberland County to which Defendant filed the Answer with New Matter.
3. Defendant Marie Kovalick as part of her New Matter attempted to include New
Matter in the nature of an Additional Defendant Complaint against Nicole M. Wolfe pursuant to
Pennsylvania Rl!l~ ofc;i"il!)rocedur~_?~s..2.(a):, ,
4. Pennsylvania Rules of Civil Procedure 2252(b) is clear and states that if a person
sought to be joined is not a partv to the action, the joining party may file as of course a Praecipe
for Writ or a Complaint.
230763.1\MEKIMMM
~~_.-
,
~,. ~""
I,
lliliis&~
~' -.
5. Defendant Marie Kovalick attempt to use the procedure set forth in Pennsylvania
Rules of Civil Procedure 2252( d) which provides that if the person sought to be joined is a party,
the joining party shall, without moving for severance of the filing of a Praecipe for a Writ or
Complaint, assert in the Answer as New Matter that such party is alone liable to the Plaintiff or
liable over to the joining party or jointly or severally liable to the Plaintiff or liable to the joining
party directly setting forth the grounds therefor.
6. Additional Defendant Nicole M. Wolfe maintains that the attempt to join her in the
civil action which has been brought against Defendant Marie Kovalick through the use of New
Matter without filing a Praecipe for a Writ or a Complaint is the improper procedure and
therefore the attempted joinder is void.
7. At the time of the accident giving rise to Plaintiff George P. Pfaltz, Jr.'s accident,
Additional Defendant Nicole M. Wolfe was a co-employee of the Plaintiff at North American
Telecommunications and was operating the van owned by North American Telecommunications
in which George P. Pfaltz, Jr. was a passenger.
8. The accident occurred on the entrance ramp from Route 581 onto Route 11 & 15 in
Cumberland County.
9. At all times leading up to the accident, the North American Telecommunications van
which Additional Defendant Nicole M. Wolfe was driving was at a complete stop and was rear
ended by the vehicle driven by Marie Kovalick.
10. Additional Defendant Marie M. Wolfe was required to stop and yield the right-of-
way to traffic on the main through highway, Route II & 15 since she was on a ramp controlled
by a yield sign and there was heavy rush hour traffic travelling on the through highway, Route II
& 15.
230763.IIMEKIMMM
_-;1;'_ - . ''-'''''''-'~1' "~
.
"I
'"
~~
!,,"~~",-*'C
11. Defendant Marie Kovalick's attempt to allege a negligent merge, on the part of
Additional Defendant Nicole M. Wolfe, is not supported by the facts and does not in any way
relieve Defendant Marie Kovalick from her responsibility from striking the rear of the vehicle in
which Additional Defendant Nicole M. Wolfe and George P. Pfaltz, Jr. were riding.
12. Defendant Marie Kovalick has not included any allegations in her New Matter
attempting to join Nicole Wolfe as an Additional Defendant identifying the vehicle which Nicole
Wolfe was operating since it was owned by North American Telecommunications for whom
both Plaintiff George M. Pfaltz, Jr. and Nicole M. Wolfe were employed.
13. The Pennsylvania Worker's Compensation Act acts as a bar to any direct action by
Plaintiff George P. Pfaltz, Jr. against his fellow employee Nicole M. Wolfe as Additional
Defendant.
14. In the accident giving rise to Plaintiff George P. Pfaltz, Jr.'s accident, Additional
Defendant Nicole M. Wolfe was seriously injured.
15. As a result of injuries sustained by Additional Defendant Nicole M. Wolfe, she has
been required to undergo three operations and has been totally disabled from work.
16. Defendant Marie Kovalick's insurance company, State Farm, who has retained her
current connsel, tendered their policy limits of $1 00,000 and settled Additional Defendant Nicole
M. Wolfe's claim against Marie Kovalick for their policy limits in exchange for a release.
17. Additional Defendant Nicole M. Wolfe maintains that not only was the procedure
attempted to be utilized by Defendant Marie Kovalick improper, but there is no foundation or
valid cause of action by Defendant Marie Kovalick or Plaintiff George P. Pfaltz, Jr. directly
against Nicole M. Wolfe arising out of this accident.
2J076J,l\MEK\MMM
-.- ,~-~
. < ,
""',.
18. Additional Defendant Nicole M. Wolfe assumes that Defendant George P. Pfaltz, Jr.
filed a Praecipe for Writ of Summons against Defendant Marie Kovalick prior to the two-year
statute oflimitations which would have run on November 13, 1998.
19. The Notice contained on the Complaint filed by Plaintiff George P. Pfaltz, Jr. against
Defendant Marie Kovalick is dated February 27, 2001 and was served via certified mail on
Defendant Marie Kovalick on February 28, 2001.
20. More than 60 days have passed since Defendant Marie Kovalick was served with the
initial pleading, therefore, any attempted joinder by Defendant Marie Kovalick would now be
improper pursuant to Pennsylvania Rules of Civil Procedure 2253.
WHEREFORE, Additional Defendant Nicole M. Wolfe asks that the Court dismiss
Defendant Marie Kovalick's attempted joinder of Additional Defendant Nicole M. Wolfe with
prejudice.
lchael E. Kosik
J.D. No. 36513
4503 N. Front Street
Harrisburg, P A 1711 0
(717) 238-6791
Attorney for Plaintiff
230763,lIMEKIMMM
~1lIiI.lli~-~-
, "
"'-im"
COMMONWEALTH OF PENNSYL VANIA
SS.
COUNTY OF DAUPHIN
I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states
that I am counsel for Additional Defendnat, that 1 am authorized to make this Affidavit on behalf of
said Plaintiffs, and that the facts set forth in the foregoing Preliminary Objections, are true and
correct to the best of my knowledge, information and belief.
-', ....-------~i ~'"-:
'i/ /....,.-...
/' ,/~'
/ /,
,-' //
(' ! /!
Y
\ /
'M1chael E. Kosik, Esquire
Sworn to and subscribed
before me this 8~y
of
200L
My Commission Expires:
NOTAnlAl seAL
IlSA A. ;,}.OWERY. 1<<<"'11 Public
Hcrrhhvrg, Oi:tv~hitl CtlVrff1. PA
> J". .' Jl. '"',';....."'1
My CS.l(,f"if.;~;)1:t ~r-:'n:''t; dtQ)' -.J, ,,;(;;~~
~',
68991/LRJ
il
~"_. "
~ "
- JtiJalcii>f;'ill.\
CERTIFICATE OF SERVICE
AND NOW, this 8TH day of May, 2001 I, Michelle M. Milojevich, an employee of Angino
& Rovner, P.c., do hereby certify that I have served a true and correct copy of the PRELIMINARY
OBJECTIONS OF ADDITIONAL DEFENDANT NICOLE M. WOLFE TO THE
DEFENDANT'S ATTEMPTED JOINDER in the United States mail, postage prepaid at
Harrisburg, Pennsylvania, addressed as follows:
Brigid Q. Alford, Esquire
Jeffrey E. Piccola, Esquire
Boswell, Tintner, Piccola & Wickersham
POBox 741
lIarrisburg,P1\ 17108-0741
Attorney for Kovalick
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
POBox 1522
Lancaster, PA 17608
Attorney for Pflatz
/Il~tth M. l}1Al~~d=
Michelle M. Mi o]eVlch
230763.IIMEKIMMM
"I~"
- .~~~-S,~~
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
GEORGE P. PFALTZ, JR.
Plaintiffs
v.
MARIE KOV ALIC
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
No. 00-6500 Civil Term 2000
I. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
PRELIMINARY OBJECTIONS OF ADDITIONAL DEFENDANT NICOLE M.
WOLFE TO THE DEFENDANT'S ATTEMPTED JOINDER
2. IdentifY counsel who will argue case:
a. for plaintiff: David A. Kreider, Esquire, Wagman, Ashworth, Kreider & Wright,
PO Box 1522, Lancaster, P A 17608
b. for defendant: Brigid Q. Alford, Esquire, Jeffrey E. Piccola, Esquire,
Boswell, Tintner, Piccola & Wickersham, PO Box 741, Harrisburg, PA 17108-0741
3. I will notifY all parties in writing within two days that this case
4. Argument Court Date:
July 25, 2001
'c ael E. Kosik
Attorney for Additional Defendant
Date: 5/8/0 I
18'-
.L
~~ili<.f"'mfiIglil1lti"~p'~i!;~~~I;Ii;~~"
,_.
",~~,
,,- ~,' ~~,
",~
,~
'.......,.~,'"
.... -~
~~ ~~~"
o
c
z
-05:
rr~rr'
~~;-
0?:~:7
;..c;;'4
C"'-.,'
-
:;:t-"'(")
~O
)7"-
~
c:::;
~
:s..~
\
C)
/-",
:-rJ
-cr"-
,;;t___c\
.'.--"
::-~~(~)
-0
::;
Sl~~
C)'
-,-\
~""
?i!
f:-?
N
;;;-
,.
"-.--.
"'< ,~' ~ . .- --.' -
"'"",,, ",- "=, > """----
c"- ,,~, '",_"''':'' , - _' ,
~
CC>- ,,~c6 C;oll~
VERIFICATION
I, NICOLE WOLFE, do hereby swear and affirm that the facts set forth in the foregoing
Preliminary Objections are true and correct to the best of my knowledge, information and belief. I
nnderstand that this verification is made subject to the penalties of the Rules of Civil Procedure
relating to nnswom falsification to authorities.
~
Dated: A" IS, 'Z 00 I
4-eAJ1/~ ~
' NICOLE WO E
--,:,;,,--,
--""~
'"
JT
',--1;_" ,-,.p,~~,p 'dor~n,
,,--'
- ;,.';.n' ~ ;;..___
,"',~', ,~ -- - ~-"'-'- ,',",',"
1;.-
:",;,0
,
,"
,','^
Q r-..
.....-
$:: -;';"
-Ore '",,,,
n-i(,. -(
2: ::r,
~;i,~ "-
!;:C' "
,0-
~~--"'C) .<-
2:C r...)
>c .::::;
2: ....~,.-
=< ~ :0
"-I -;(
""'
-",
m~
,~
,~
"'- ",,>,'-
- ~" ,
',"., '~.', , ",-""'-''-, ~~.:,-;,~
m:\home\bqa\litigat~tatefnn~kovalick\praecipe to withdraw.wpd Draft #1
"""
.
Jeffrey B. Piccola, Esquire
Supreme Court LD. #18018
Brigid Q. Alford, Esquire
Supreme Court LD. #38590
BOSWl~lL, TINTNER, PICCOLA & WICKERSHAM
315 NOH:h Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
June 1,2001
GEORGE P. PFALTZ, JR.,
Plaintiff
v.
MARIE KOV ALICK,
Defendant
v.
NICOLE M. WOLFE,
Additional Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-6500 Civil Term 2000
: CIVIL ACTION - LAW
DEFENDANT KOV ALICK'S PRAECIPE TO WITHDRAW
NEW MATTER IN NATURE OF ADDITIONAL DEFENDANT COMPLAINT
AGAINST NICOLE M. WOLFE
TO THE PROTHONOTARY:
Kindly withdraw with prejudice the New Matter In Nature of Additional Defendant
Complaint Against Nicole M. Wolfe (Paragraphs 13-25), filed on March 21, 2001.
Respectfully submitted,
By:
Date: 19ft lor
Brigid Q. Iford, Esquir
Supreme Court J.D. #38 90
Jeffrey E. Piccola, Esquire
Supreme Court J.D. #18018
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
315 North Front St. P.O. Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
.
-~ -~" "' ,- -,,--
~ ,
" , , ~,,-,
",c',,,'"_,,j__',,,,,
"
\
..
#>>
.
CERTIFICATE OF SERVICE
I do hereby certify that I have served a true and correct copy of the foregoing Defendant
Kovalick's Praecipe to Withdraw New Matter in Nature of Additional Defendant Complaint against
Nicole M. Wolfe by placing the same in the United States Mail, first class, postage prepaid, at
Harrisburg, Pennsylvania, addressed as follows:
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
222 East Orange Street
P. O. Box 1522
Lancaster, P A 17608
Attorney for George P. Pfaltz, Jr.
Michael E. Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
Attorney for Nicole M. Wolfe
Date: ~Npl
Brig~~E~
-,'"-.-,'"
,,_ , < ,,'/__l' "~ ' "_",
e,e ,..' 'Lr ,
-
,~<" ,~- ,~
, '"". . ",c;- ~-, '
-w '", ,-, "',~, "
. "C""'"
',... ,',...+..
(") 0 0
C -n
~ t- .-1
~~ c::: ;:,r1;Q
e ;;!: ,
I -.'1'~
~,<;, ::,'1'
()c
.<<., ." ~
~o -0 '1:: :+\
~2 '
~g ::x '0..0
s::- t>rn
5>c ., -"-I
~ -' ~
.'
"~---"
')
.
11
0__'~^'
,
, "-- ,<~
'~'1liI'~~j
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE POOTHONJTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
for JURY trial at the next term of civil court.
( X
for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
( X) Civil Action - Law
Appeal from Arbitration
George P. Pfaltz, Jr.
( Plaintiff)
(other)
vs.
The trial list will be called on
~ Auqust 14, 2001
Marie Kovalick
Trials COllTOOnce on September 10.2001
(Defendant)
Pretrials will be held on August 22, 2001
(Briefs are due 5 days before pretrials. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 00-6500 Civil 2000
19
Indicate the attorney who will try case for the party who files this praecipe:
David A. Kreider, Esquire, Waqman, Kreider & Wriqht, P.O. Box 1522,
222 E. Orange st., Lancaster, PA 17608-1522
Indicate trial counsel for other parties if known:
Brigid Q. Alford, Esquire, Boswell, Tintner, Piccola & Wickersham
This case is ready for trial.
315 North Front street, P.O. Box 741
Signed:
Print Narre:
David A. Kreider
Date:
6/25/01
Attorney for: Plaintiff
..Mid
..c:~'llitM~!-'-~' J..~~'lfu"di!-j"",l~IfuJ~;&;!~IT<E~"'d<'^
.,..
~ --> ,~-
, ~, - .
~., ~
"-"";'-'
.' ...,.... "iMn~
~"~~ili'
'"
-~
. ~ ,-',
0 CJ C)
C 'T1
s: '--
-0
fTl fl~; .-".,. f-:::
2:'T' 1"'..) : T~
21" ':J
u;7-' 0"\ , !
-<L ':---~ (~)
r;::: CJ --0
~~ ,.
r C)
t', r:Y ~j rn
)0- C
2:
=< C> 5:)
<D -<.
li&
:W-"""""~~- ." ~
- ~~,
..dJ.. '...~
lb" J j"' nn' :'!!ht " "_~",
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and sutrnitted in duplicate)JUN 2 72001tJP
'IDTHE POOTHO!lOI'ARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
for JURY trial at the next tenn of civil court.
for trial without a jury.
(x
------------------------------------~-~~.
CAPTION OF CASE s; .-. "T,
(entire caption must be stated in full) (check one) ;:g~ ~ '. TI
z:x- ','~~~
( ) C' 'I 7. t' L.C' ,,) ",C)
X 1. V1. MC 1.QIlJi ,,,", Lalil" ", 1.
~ ci ,--0 ~~~ ~,~
Appeal fro~i tratioO' c;
~c...') ~_~ITl
)> c: ~ :-:,:;
~ r:::> 4;
( otherl" ''"' ::(
George P.
Pfaltz, Jr.
(Plaintiff)
vs.
The trial list will be called on
~ Auqust 14, 2001
Marie Kovalick
Trials corrmence on September 10,2001
(Defendant)
Pretrials will be held on August 22, 2001
(Briefs are due 5 days before pretrials. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 00-6500 Civil 2000
19
Indicate the attorney who will try case for the party who files this praecipe:
David A. Kreider, Esquire, Waqman, Kreider & Wriqht, P.O. Box 1522,
222 E. Orange st., Lancaster, PA 17608-1522
Indicate trial counsel for other parties if known:
Brigid Q. Alford, Esquire, Boswell, Tintner, Piccola & Wickersham
This case is ready for trial.
315 North Front Street, P.O. Box 7
Signed:
Print Narre:
David A. Kreider
Date:
Fi/?'i/n1
Attorney for: Plaintiff
'..
'T'P ''''" '~,'''~'''''' ,
u; ~~,
Richard J. Pierce
Court Administrator
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square. Carlisle, PA 17013
,Phone Taryn N. Dixon
(7'17) 240-6200 Assistant Court Administrator
(717) 697-0371
(717) 532-7286
(717) 240-6462 FAX
MEMORANDUM
TO: The Honorable Edgar B. Bayley
-
~(G
FROM:
Taryn N. Dixon, Assistant Court Administrator
DATE:
Jnne 27,2001
INRE:
6500 Civil 2000
GEORGE P. PFALTZ
v.
MARIE KOV ALICK
The above case is assigned to you for it non-jury trial. Please provide me with copies of
your scheduling orders and final disposition date so that I can monitor the case for
statistical purposes.
Attachment
~~
"-
- "~'--'l:""
GEORGE P. PFLATZ, JR.,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARIE KOVALlCK,
DEFENDANT
00-6500 CIVIL TERM
ORDER OF COURT
AND NOW, this
10
day of July, 2001, the order of July 2, 2001,
setting a bench trial on the within case for August 1, 2001, IS V ACA TED.1
David A. Kreider, Esquire
For Plaintiff
) Cop,.s
1Yl~~lul
~
Brigid Q. Alford, Esquire
For Defendant
Court Administrator
:saa
1 Discovery is not completed. When the case is at issue it shall be relisted. It will
be assigned to a trial judge and a trial date set. Non-jury trials do not go on the
call of the civil list.
'"
C,: "
0; .]UI, I
t.'
('
!l:'l g: st~
, . - ,',' ,~', '.; i\n-';
elJ"'''" ",'" ',', :" ,ui',)
\" h:'_'L... .., \ ,._, ~" ,
-,"t I~"'" Ii,' I"
PCi ~I"~;) '(L"j!-\I\I\
~,
.
,,<, -",>'",T:,,' ~,
" . -~ ... , .' <<"
,'",,,-,- "" '~-,-Kk""--,,,.,,",'" '_0' vh ,,",Co "_'';,,__"",''
~l ""''!r~~~Iffl~!l~~'''H;lftli!1ilil~f!II~_~lWfj
~ <
.
"' '"
,,"
-"'--'..<'..
",-:-<
'0 _ , ,,__ "..~, .,;",_ ,',. ' '8'.' ,- --", ~ -,_ '.' ""_
'--' 0-' ~.~--, ,.';:,c;,", '-'-"~'~i~':
,
Jeffrey E. Piccola, Esquire
Supreme Court I.D. #18018
Brigid Q. Alford, Esquire
Supreme Court I.D. #38590
BOSWEll, TINlNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17l08-0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
NICOLE M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
CERTIFICATE PREREQUISITE TO SERVICE OF
SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rille 4009.22,
Defendant certifies that:
(1) a notice ofintentto serve the subpoenas with copies of the subpoenas attached thereto
was mailed or delivered to each party at least twenty days prior to the date on which the subpoena
is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to this
certificate,
(3) no objection to the subpoenas has been received, and
',~ H'~ o. " "'-'" ~ , " ~ ,"' , ~--. " ,~ ~ . , ,- " ~" , " <~..,,-' ,,'<),];'';.'' . , , ,~" "_____:'~',',;i.~-c;~~'''',C..,.; " ';~d1Ttl ~
(4) the subpoenas which will be served are identical to the subpoenas which are attached
to the notice of intent to serve the subpoenas.
Respectfully submitted,
By:
Brigid . Alford, Es 're
Supreme Court #385 0
Jeffrey E. Piccola, Esquire
Supreme Court #18018
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
Harrisburg, P A 171 0 1
(717) 236-9377
Attorneys for Defendant Kovalick
Date: '7/QJo'
.
m~
, ' rJi!.:l.~
: ~
Jeffrey E. Piccola. Esquire
SupreIl1e Court LD. #18018
Brigid Q. Alford. Esquire
SupreIl1e Court LD. #38590
BOSWELL. TlNTNER, PICCOLA & WICKERSHAM
315 NQrth Front Street
Post Office Box 741
Harrisburg. Pennsylvania 17108*0741
Attomt:ys fur Derendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6500 Civil Term 2000
MARIE KOV ALICK,
Defendant
: CIVIL ACTION - LAW
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUA1~T TO RULE 4009.21
Defendant Marie Kovalick intends to serve a subpoena identical to the one that is attached
to this notice upon the NATC. You have twenty (20) days from the date listed below in which to
file of record and serve upon the nndersigned an objection to the subpoena. Ifno objection is made,
the subpoena may be served.
Respectfully submitted,
By:
Date: (1(c( i) !
Brigid Q. iAlford, Esquir
Supreme Court #38590
Jeffrey E. Piccola, Esquire
Supreme Court #18018
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
Harrisburg, PA 17101
(717) 236-9377
Attorneys for Defendant Kovalick
EXHI
I A
.
~" .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GEORGE P. PFALTZ, JR.,
Plaintiff
v.
MARIE KOVALICK,
File No. 00-6500 Civil Term 2000
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
J: NATC, 6580 Frankstown Road, P.O. Box 5362, Pittsburgh, PA 15206
(Name of Person or Entity)
ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
ocuments or things:
Any and all employment records, personnel records, performance evaluations,
salary records, and employment applications for George P. Pfaltz, Jr.
(Social Security No. 379-84-8974), who worked at your place of business
from October, 19118 through August 31, 2000.
11S Nnrth Frnnt Street. Harrisburg. PA 17101
(Address)
;u may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
[h the certificate of compliance, to the party making this request at the address listed above. You have the right
seek in advance the reasonable cost of preparing the copies or producing the things sought.
JOU fail to produce the docLiments or things required by this subpoena within twenty (20) days after its service,
3 party serving this subpoena may seek a court order compelling you to comply with it.
11S SUBPOENA WAS ISSUED AT THE REQUEST OFTHE FOLLOWING PERSON:
lme
Briqid O. Alford, Esquire
:dress:
315 North Front St., P.O. Box 741
Harrisburq, PA 17108-0741
iephone:
(717) 236-9377
;preme Court 10 #:
38590
:orney For:
Defendant Kovalick
lte:
)( PiYl 0 /4) r;7n(') I
Seal of the Court
lerk ivil Division
(AjJ A twl, .itr
Deputy
(Eft. 7/97)
CERTIFICATE OF SERVICE
I do hereby certify that I have served a true and correct copy of the foregoing Defendant
Kovalick's Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery
Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses
set forth below:
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
222 East Orange Street
Post Office Box 1522
Lancaster, P A 17608
Attorneys for Plaintiffs
By:
~J~
Brigid Q. ~lford,Esqui
Date: 10 ((I ~I
~H
. .
,
.', ''n_'''', ;,,__ "_""~' '_= . ~ ,"-L,',____.;..; .,"".. .'~_-'f 4,_ -'-if
CERTIFICATE OF SERVICE
I do hereby certify that I have served a true and correct copy of the foregoing Certificate
Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and
addressed as follows:
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
222 East Orange Street
Post Office Box 1522
Lancaster, PA 17608
Attorneys for Plaintiffs
By:
Date: :;y Jq Jill
. ,
c,.,
"-",~
.~ _.E
_~.o_
C) "
1"1:; (--.
;O:7t,
);:~=~
-'::>'
;
--,
-<.
'"c_
-""
t.;,_
.!)
~
;,'7-
",'-'in',"" -,,_' -.-- ,""'''''''~__ ,,~,,'~ ~,-;>-_'" ,_~_-__y,
--"","-,~",,; ~' ^__>>~""__ 0,,', ~, "" ;..,,;-'O-,,C~
"'0 _- _"0_"';: "--~..,J. "'~'::,;~;-",,,,'; :;'~":':':";':-::'-;;';'''_:>d{~; ,~-;/<::Y:, ^ ,~C"'< [j
Jeffrey E. Piccola, Esquire
Supreme Court I.D. #18018
Brigid Q. Alford, Esquire
Supreme Court I.D. #38590
BOSWEll, TINTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
NICOLE M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
CERTIFICATE PREREOUISITE TO SERVICE OF
SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22,
Defendant certifies that:
(I) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto
was mailed or delivered to each party at least twenty days prior to the date on which the subpoena
is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to this
certificate,
(3) no objection to the subpoenas has been received, and
~ " ---, --~ '~. --'~~-' ~~ ",'.,-. ~'",,'- ..,
"'''.:0,'.,,'' '~.
-- ,'.,; .' ~&,~ ,~' '_"",'" -:."'-", ~c",_,' "'1'_ ~ ,","," ,,-"":~_, '~-i~T""'~.-<'':&'- - ',;',;,jc_" .&-^ l>',U)>,=",+",~" ,-ii, "'~
,<', ~ . f
(4) the subpoenas which will be served are identical to the subpoenas which are attached
to the notice of intent to serve the subpoenas.
Respectfully submitted,
By:
~~C:<~
Brigid ~. Alford, Esqui
Supreme Court #38590
Jeffrey E. Piccola, Esquire
Supreme Court #18018
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
Harrisburg, PA 17101
(717) 236-9377
Attorneys for Defendant Kovalick
Date: 7/9/0/
, . -" 0" <<,",,",,-, ~>& ii' ;.; "~;'
Jeffrey E. Piccola. Esquire
Supreme Court I.D. #180[8
Brigid Q. Alford. Esquire
Supreme Court LD. #38590
BOSWELL. TINTNER. PICCOLA & WICKERSHA..\ol
) 15 North Front Street
Post Office Box 741
Harrisburg. Pennsylvania /7/08-0741
Attorneys for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6500 Civil Term 2000
MARIE KOV ALICK,
Defendant
: CIVIL ACTION - LAW
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUAJ.'iT TO RULE 4009.21
Defendant Marie Kovalick intends to serve a subpoena identical to the one that is attached
to this notice upon the USAA Casualty Insurance Company. You have twenty (20) days from the
date listed below in which to file of record and serve upon the undersigned an objection to the
subpoena. If no objection is made, the subpoena may be served.
Respectfully submitted,
By:
Brigid . Alford, Esq i, e
Supreme Court #3859
Jeffrey E. Piccola, Esquire
Supreme Court #18018
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
Harrisburg, P A 17101
(717) 236-9377
Attorneys for Defendant Kovalick
Date:
~/I( (0 \
I
EXHIBIT
fA
I
i<\M!!IMIillilitili'iij,
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF CUMBERLAND
GEORGE P. PFALTZ, JR.,
Plaintiff
v.
MARIE KOVALICK,
Defendant
File No. 00-6500 Civil Term 2000
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
-0: USAA Casualty Insurance Companv. 9800 Fredericksburq Road. San Antonio, TX
(Name of Person or Entity) 78288
'/ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
::ocuments or things:
Any and all correspondence,. records, files, photoqraphs, documents relating
to and/or part
Reference No.:
T,n~~ T,rH....~+i('""jn.
of the followinq claim: Policyholder: Georqe P. Pfaltz,
3466528-7104-3-6645; Date of Loss: November 13, 1998
~nm~ ri+y. P~MnQY"T~ni~
315 North Front Street. Harrisburg. PA 17101
(Address)
?u may deliver or maill,egible copies of the documents or produce things requested by this subpoena. together
lith the certificate of compliance, to the party making this request at the address listed above. You have the right
) seek in advance the reasonable cost of preparing the copies or producing the things sought.
you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
~e party serving this subpoena may seek a court order compelling you to comply with it.
rllS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON:
ame Brigid Q. Alford, Esquire
ddress:
315 North Front St., P.O. Box 741
Harrisburg, PA 17108-0741
Jpreme Court 10 #
(717) 236-9377
38590
3lephone:
:torney For: Defendant Kovalick
ate:
JfA/V70
ILl ;200 I
, 'Seal of the Court
D,p"~ ~
(Err. 7/97)
- ":";.'~~""ii=,.;.
CERTIFICATE OF SERVICE
I do hereby certifY that I have served a true and correct copy of the foregoing Defendant
Kovalick's Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery
Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses
set forth below:
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
222 East Orange Street
Post Office Box 1522
Lancaster, PA 17608
Attorneys for Plaintiffs
By:
Date: vlt( (D(
, -'_"O~ .. " ,.-",;""",,,' .----.';' '~~."-' ",-- ,'~-, ,,' , " ""..'- , -"', >:-j..;~o:~~'"'--,~,~:"c.-"','" ,", :;"',"';;"'",,' " ,~';!;, ~ _"V;'i~';,'[1'(,,' ..
.. ", , L.J
CERTIFICATE OF SERVICE
I do hereby certifY that I have served a true and correct copy of the foregoing Certificate
Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and
addressed as follows:
David A. Kreider, Esquire
Wagman, Ashworth, Kreider & Wright
222 East Orange Street
Post Office Box 1522
Lancaster, P A 17608
Attorneys for Plaintiffs
B~~.io?~
Bri . Q. Alford, Es 're
Date: i 1/0 I
,
',,~_ _~,~~,," ',L,'~h' "_W~~"'_
, ..~ -~"-
0....
., ~ .
"',, ~,
<','L:;.;" ".
"",
'" ,_ _ -, ~_,C~__-,,'
o
c:
;?,-
,1 :--
[i,: r_~--
, ,..
cr:~ _ c.,_"
[~~. :,,-
:--,--,
-:..,- ~
(-:-(-
~":;:
.'"
'--"""',,,,,,-,~
",
"
."'""'"'''''" ~
'"
- ': !Iii!'(~.~~ -u' _~_oiJ,
m:\home\bqa\litigatlstatefrmlkovalicklpraecipe withdraw argument.wpd
Jeffrey E, Piccola, Esquire
Supreme Court LD. #18018
Brigid Q. Alford, Esquire
Supreme Court LD. #38590
BOSWElL, TINTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisbmg, Pennsylvania 17108-0741
Attome}'l> for Defendant Marie Kovalick
GEORGE P. PFALTZ, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
MARIE KOV ALICK,
Defendant
: NO. 00-6500 Civil Term 2000
v.
NICOLE M. WOLFE,
Additional Defendant
: CIVIL ACTION - LAW
JOINT PRAECIPE TO WITHDRAW THE ADDITIONAL
DEFENDANT'S PRELIMINARY OBJECTIONS FROM
ARGUMENT COURT LIST
Please withdraw Additional Defendant Nicole M. Wolf s Preliminary Objections from the July
25,2001, Argument Court schedule.
~:/~
Davia A. Kreider, Esquire
222 East Orange Street
P.O. Box 1522
Lancaster, P A 1 608
Atto fI la' . Pfaltz, Jr.
rJ~ ';/1 ~
By: J.'
Brigid Q. Alford, squire
Supreme Court J.D. #38590
Jeffrey E. Piccola, Esquire
Supreme Court J.D. #18018
BOSWELL, TlNTNER, PICCOLA & WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Marie Kovalick
lchael E. Kosik, Esquire
4503 North Front Street
Harrisburg, PA 17110-1708
Attorney for Additional Defendant
Nicole M. Wolfe
Dated:
." ,~
:Ji_y ~~b~l!" ~~j",~ililaiih~iMffl:Ij~MlIll_.V
-i,"""-
-'-~ 'I~,
,
.!i!li1i!IIW ~-'Ill "
~
0 0 ()
"1'1
c:: .-1
3: 'J;O
~ ,- .,
""Ocr) 'in :0;_, f::::
mrn "('Jrn
"7 J! , ,;0,,1:'
2C. -J
(f.}c.-:,. ~ ~~ t_)
-=< ~<, _,,-'-:-1
~CJ --0 (o;.} ~:;
)'~O ::.q,;:
20 - Om
>c:: ., ~
~ N '<
RECEIVED JUL 1 8 2001
=~
~ ,~
J ~
-..;" "'
. . ,-- < .'~>' ;. ''1''
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
GEORGE P. PFALTZ, JR.
Civil Action
v.
MARIE KOV ALICK
No.: 00-6500 Civil Term 2000
PRAECIPE
Please withdraw Plaintiff's request that this matter be listed for trial.
WAGMAN KREIDER & WRIGHT
BY:
David A. Kreider,
Plaintiff
222 E. Orange Street, P.O, Box 1522
Lancaster,Pi\ 17608-1522
(717) 397-7000
S.Ct.ID. No.: 38022
~
.
, '"
'!f
..
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the foregoing
Praecipe upon the person set forth below and in the manner indicated:
First class mail, postage prepaid:
Brigid Q. Alford, Esquire
Boswell, Tintner, Piccola & Wickersham
315 North Front Street
P.O. Box 741
Harrisburg,PA 17108-0741
Date:
?/fl07
/ I
BY:
David A. Kreider, A
Plaintiff
222 E. Orange Street, P.O. Box 1522
Lancaster,Pi\ 17608-1522
(717) 397-7000
S.Ct.ID. No.: 38022
<'~;"~ .....-~
~~_Iflj';,);"- -~~~""",I&c-1l,frWllw~W~~Ii.J
,-,',-
~ '
.
i l._'~~
"
..1 ~
g
~
-oO~~
f1JI1'
Z::L
ZS~
~:;~,:
r:;CJ
J;(")
~O
:PC
~
.
o
~
C;
..
'<~ ,C}
'~1
4.1
(..;)
'"
~
_-,1\1
-',--'
r~~~'~S
~-1--,
';27~
0\1\
-"l
~
.."
::r:
'if
'-"
(}1