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Home My WebLink About03-2055IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?--?-- MEGAN E. BAXTER, NO. O3 - oZts5S ?tc?tl, /? Plaintiff V. CIVIL ACTION-LAW KATHLEEN MCNULTY, Defendant JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DALH E. ANOVINE. P. C. YoesoPSxxsxivwxis s??4oa CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEGAN E. BAXTER, Plaintiff V. KATHLEEN MCNULTY, Defendant NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. DALE E. ANaTIN&. P. C. _17 s YoaeoPaa 11. 11405 CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEGAN E. BAXTER, NO. 03 - ?Q SS l.. tv c1.??1L»-` Plaintiff V. CIVIL ACTION-LAW KATHLEEN MCNULTY, Defendant JURY TRIAL DEMANDED COMPLAINT' 1. The Plaintiff, Megan E. Baxter, is an adult individual residing at 2180 White Street, #204, York, PA 17404. 2. The Defendant, Kathleen McNulty, is an adult individual residing at 1037 Swarthmore Road, New Cumberland, PA 17010. 3. On January 26, 2002, the Plaintiff was the operator of an automobile. 4. On January 26, 2002, the Defendant was the operator of an automobile which is believed to be owned by and used with the permission of Tim McNulty. 5. On January 26, 2002, at approximately 7:30 p.m., Plaintiff was operating her vehicle northbound on Second Street in the city of Harrisburg and stopped for a steady red traffic control signal at its intersection with Emerald Street. 6. At that same time and place, the Defendant was operating her vehicle directly behind DALE $. ANBTIN E. P. C. Y-- PeN`sc iva A i>aoa the Plaintiff's vehicle when she failed to stop before striking the rear of Plaintiff's vehicle causing a collision which resulted in injuries and damages to the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of the Defendant consisted of the following: a. Failing to properly operate and control her motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating her vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S.§3714; d. Operating her vehicle too fast for the conditions then and there existing, in violation of 75 Pa.C.S. §3361; e. Following too closely to Plaintiffs vehicle in violation of Pa.C.S.§3310; f. Failing to stop or take other evasive action before striking the rear of Plaintiffs vehicle; g. Failing to stop her vehicle within the assured clear distance ahead, in violation of 75 Pa.C.S.§3361; and h. Failing to exercise reasonable care to avoid striking the rear of Plaintiffs vehicle when the Defendant knew or should have known of the presence of Plaintiffs vehicle. DALE E. ANSTINE• P. C. Yo." Pexxr <c -, 1-5 10. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to herniated lumbar disk at U/S1, right S1 radiculopathy, cervical and thoracic strain/sprain, headaches, and severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, the cost or reasonable value of which is, or may be, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility law, and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impairment of her earnings capacity. This loss of income and impairment of earning capacity has exceeded, or may exceed the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and the loss of income and impairment of earning capacity will, or may, continue in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. 14. As a further result of the negligence of the Defendant, and her resulting injuries, Plaintiff was forced to give up a full athletic scholarship for post secondary education of $8,000.00 per year of which three years were remaining for a total value of the lost scholarship of $24,000.00 and a claim is made therefore. DALE E. AN6TIN?. P. C. YoeaoPewr sccv o?w ??qo5 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES 9V DALE E. ANS ENE, P.C. DAle E. Anstine, INquire Attorney I.D. #22487 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 DALE E?ANBTINE. P. C. YoaxoPexx`cEVnx.w i?4o5 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true DALE E. AN6TINE• P. C. Y"-, Pexx"cEVw A t?goa and convect to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: er Megan 11. Baxter N n ? w ? y 0 Cl .f; 71 ?. g I Cr ?; : 7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02055 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAXTER MEGAN E VS MCNULTY KATHLEEN JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the DEFENDANT at 2000:00 HOURS, on the 5th day of May 2003 at 1037 SWARTHMORE ROAD NEW CUMBERLAND, PA 17070 by handing to KATHLEEN MCNULTY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.73 ?„?•?„[ .00 %%% 10.00 R. Thomas Kline .00 39.73 05/06/2003 DALE E ANSTINE Sworn and Subscribed to before By: me this I day of / o2UD.? A.D. ?1 ? 7'Y1 ?1, ,ter ' lP othonotary MEGAN E. BAXTER, Plaintiff V. KATHLEEN McNULTY, Defendant TO: Prothonotary IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2055 Civil Term : CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Kathleen McNulty in the above-captioned matter. WIX, WENGER & WEIDNER By P. UIX Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: May 19, 2003 MEGAN E. BAXTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2055 CIVIL TERM KATHLEEN McNULTY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Megan E. Baxter; and Dale E. Anstine, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, WIX, WENGER & WEIDNER By t u. ?? Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 7/3/03 MEGAN E. BAXTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-2055 CIVIL TERM KATHLEEN McNULTY, CIVIL ACTION -- LAW Defendant JURY TRIAL DE=MANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, by her attorneys, Wix, Wenger & Weidner and sets forth the following Answer with New Matter to Plaintiffs Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Plaintiffs claim is barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. Plaintiffs claim is barred in whole or in part by Plaintiffs own contributory negligence. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, WIX, WENGER & WEIDNER By ?S i Ca k k' Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: -7 / 3/b 3 2 VERIFICATION I, Kathleen McNulty, have read the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 1- l - 03 ? Kathleen McNulty CERTIFICATE OF SERVICE AND NOW, this 3rd day of July 2003, I, Gaye Cdst, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiffs Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Dale E. Anstine, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 WIX, WENGER & WEIDNER - Gaye ist n 'c1 CU rq ._, I-D ? t ?5 ? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ------------------------------------------ CAPTION OF CASE (entire caption must be stated in full) (check one) MEGAN BAXTER (X) Civil Action - Law ( ) Appeal from Arbitration (other) (Plaintiff) Vs. KATHLEEN MCNULTY (Defendant) VS. The trial list will be called on 4/19/05 and Trials commence on 5/16/05 Pretrials will be held on 4/27/05 (Briefs are due 5 days before pretrials.) (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. 03 Civil 2055 x16c Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine 2 West Market Street, York, PA Indicate trial counsel for other parties if known: PA This case is ready for trial Date: r Signed Print Name: :Dale E. Anstine Attorney for: Plaintiff ?_ ? _ ' . ,. ?. : :i? ?..; ?, ii a,^. 4?.: 3 Megan Baxter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Kathleen McNaulty NO. 03-2055 CIVIL TERM ORDER OF COURT AND NOW, April 19, 2005, counsel having failed to call the above case for trial, the case is stricken from the May 16, 2005 trial term. Counsel is directed to relist the case when ready By the urt George E. Hoffer, P.J. /ale E. Anstine, Esquire For the Plaintiff Achard H. Wix, Esquire For the Defendant Court Administrator jhk J? ? q o5 i zl?, :2 I'd 61 i2'Doz PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) MEGAN BAXTER ( X) Civil Action - Law ( ) Appeal from Arbitration (other) VS. KATHLEEN MCNULTY The trial list will be called on and 8/23/05 VS. (Plaintiff) (Defendant) Trials cormience on 9/19/05 Pretrials will be held on 8/31/05 (Briefs are due 5 days be fore pretrials.) (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. 03 Civil 2055 Civil Term xNk Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine 2 West Market Street, York, PA Indicate trial counsel for other parties if known: H. Wix, 4705 Duke Street This case is ready for trial. '/?'? Date: PA Print Name: Dale E Attorney for: Plaintiff "?' t n r? h i:+^ .--1 r ?1 -'? d ° ? _ ' ?S i 1 ? ' 7 Megan Baxter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Kathleen McNulty NO. 03-2055 CIVIL TERM ORDER OF COURT AND NOW, August 23, 2005, counsel having failed to call the above case for trial, the case is stricken from the September 19, 2005 trial term. Counsel is directed to relist the case when ready. By the Court, Ge g . H fer, P.J. Dale E. Anstine, Esquire For the Plaintiff Richard H. Wix, Esquire For the Defendant Court Administrator ,c ryue iyvc ti, 2 u?_ k 4- 0 s jhk 01 :5 H'I 9Z 511V soot AU'v101vvi Li' , H O PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (V-) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) MEGAN BAXTER ( Civil Action - Law ( ) Appeal from Arbitration (other) (Plaintiff) VS. KATHLEEN MCNULTY ( Defendant ) VS. The trial list will be called on and 10/10/06 Trials commnce on 11/6/06 Pretrials will be held on l0/18/06 (Briefs are due 5 days before pretrials.) (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. 03 Civil 2055 Civil Term -9 Indicate the attorney who will try case for the party who files this praecipe: Dale E._Anstine, 2 West Market Street York, PA Indicate trial counsel for other parties if known: Harrisburg, PA This case is ready for trial. Print Nam Dale E. Anstine Date: ??/ Attorney for: Plaintiff Y1 ? o 4 Co MEGAN BAXTER, Plaintiff v KATHLEEN MCNULTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-2055 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 10th day of October, 2006, upon consideration of the call of the civil trial list, and the above-captioned case not having been called for trial, it is stricken from the trial list. By the Court, ,,Zale E. Anstine, Esquire 2 West Market Street P.O. Box 952 York, PA 17401-1208 For Plaintiff chard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 For Defendant J Court Administrator :mae y c%j ce) Ckt i-lz C=) ) C tea ..a PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) MEGAN BAXTER ( X) Civil Action - Law ( ) Appeal from Arbitration (other) (Plaintiff) VS. KATHLEEN MCNULTY (Defendant) VS. The trial list will be called on 8/21/07 Trials commence on 9/17/07 Pretrials will be held on 8/29/07 (Briefs are due 5 days before pretrials.) (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. 03 Civil 2055 Civxil Term 19 Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine, Esq., 2 West Market Street, York, PA 17406 Indicate trial counsel for other parties if known: Richard H. Wix, 4705 Dule Street, Harrisburg, PA 17109 This case is ready for trial. Date: cc: Richard Wix, Esq. Signed: Print Name: Dale E. Anstine, Esq. Attorney for: Plaintiff f`?' ?` \ ? , j'J: `? .,? t? ?., ??;,'. ? ? z ? ? ?? ?_ t__. m-- m r -`?"3 ?? ?? ??; ?{ # 9 MEGAN BAXTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHLEEN MCNULTY, Defendant 03-2055 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 21st day of August, 2007, the above-captioned case having not been called for trial at the call of the civil trial list, the case is stricken from the trial list. ,Dale E. Anstine, Esquire 2 West Market Street P.O. Box 952 York, PA 17401-1208 For Plaintiff Achard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 For Defendant Court Administrator :mae By the Court, ??S?±bs?,??IwA Lh :!! WV SZ OAV LOOZ A 3'a'lUi i? ? . 3a JO J0H>niL" V311J V. I I r L, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA MEGAN E. BAXTER, NO. 03-2055 CIVIL TERM Plaintiff KATHLEEN MCNULTY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REMOVE TO THE PROTHONOTARY: (X) Please mark the above captioned action SETTLED AND SATISFIED OR ) Please mark the above captioned : Richard H. Wix, Esq. Dale E. Anstine, Esquire Supreme Court No. 22487 -TI