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Home My WebLink About03-2520IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action (X) Law () Equity ROMEO LIO and MARIA L. LIO, MARK FIGUEROA, Husband and Wife, 4241 King George Drive, Apt. C 3224 Market Street Harrisburg, PA 17109 Camp Hill, PA 17011 AND ANDREA RICHARDS, 4241 King George Drive, Apt. C Harrisburg, PA 17109 Plaintiffs & Address Defendants & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X A Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 .? (717) 232-6300 Signature of Attorney Date: Supreme Court I.D. No. 70242 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: 6-Ln6j3 Pr6thonotsW_ Deputy ( ) Check here if reverse is issued for additional information w a a F-I rT, r'r,. c. C7 :jJ. ' J ??if SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02520 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIO ROMEO ET AL VS FIGUEROA MARK ET AL 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 DEFENDANT , to wit: FIGUEROA MARK but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On June 16th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 ? Surcharge 10.00 R.`Thomas Kli Dep Dauphin County 36.50 Sheriff of Cumberland County .00 73.50 06/16/2003 SCHMIDT RONCA KRAMER Sworn and subscribed to before me this ?C1 day of l•,? aVDA. D. 1 a -?ot Prothonotay In The Court of Common Plus of Cumberland County, Pennsylvania Romeo Lio et al vs. Mark Figueroa et al SERVE: Mark Figueroa No 03-2520 civil Now, May 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20, at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this ^ day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT i,??ee51eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin AND NOW:June 10, 2003 WRIT OF SUMMONS FIGUEROA MARK to DEF J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy LIO ROMEO vs • FIGUEROA MARK Sheriff's Return No. 1306-T - - -2003 OTHER COUNTY NO. 03 2520 at 9:00PM served the within upon by personally handing 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1139 MULBERRY STREET APT 303 HARRISBURG, PA 17109-0000 Sworn and subscribed to before me this 10TH clay of JUNE, 2003 PROTHONOTARY So Answers, leOAlL r? Sherif Dauphin y, Pa. By Deput iff Sheriff's Costs: $36.50 PD 06/03/2003 RCPT NO 179341 DC SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02520 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIO ROMEO ET AL VS FIGUEROA MARK ET AL 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 DEFENDANT , to wit: RICHARDS ANDREA but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On June 16th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 06/16/2003 SCHMIDT RONCA KRAMER Sworn and subscribed to before me this ?W - day of aW3 A.D. L).r, (2 r ottho ota`r \ In The Court of Common Plus of Cumberland County, Pennsylvania Romeo Lio et al VS. Mark Figueroa et al SERVE: Andrea Richards No 03-2520 civil Now, May 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. f a Sheriff of Cumberland County, PA Affidavit of Service Now, within . , 20_, at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 120 _ COSTS SERVICE $ MILEAGE AFFIDAVIT (o f fi r e a P ' Pxtff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LIO ROMEO County of Dauphin FIGUEROA MARK Sheriff's Return vs J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 1308-T - - -2003 OTHER COUNTY NO. 03 2520 AND NOW:June 9, 2003 at 8:32PM served the within WRIT OF SUMMONS upon RICHARDS ANDREA by personally handing to DEF 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 4241 KING GEORGE DRIVE APT C HARRISBURG, PA 17109-0000 Sworn and subscribed to before me this 10T )ay of JUNE, 2003 PROTHONOTARY So Answers, ? e? Sheriff of Dauphin unty, Pa. By Dep S riff Sheriff's Costs: $36.50 PD 06/03/2003 RCPT NO 179341 DC ROMEO LIO and MARIA L. LIO, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-2520 MARK FIGUEROA and CIVIL ACTION - LAW ANDREA RICHARDS, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Mark Figueroa and Andrea Richards, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA '17110 Date: (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 1st day of July, 2003, 1 hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Laurence W. Dague, Esquire Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA 17108 7 ileen S. Smith, Secretary Gj '-r ? C... ' °??C }} y?? : ?" I' t--":. ZL., ? ? ? :. U? yam,. ` i ? , <1.,. " 7 ' .? ?, ? C ? ?=? ? `p ? O "? ROMEO LIO and MARIA L. LIO, : Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2520 MARK FIGUEROA and CIVIL ACTION - LAW ANDREA RICHARDS, Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Date: TO THE PLAINTIFF: RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: JWL 7 Respectfully submitted, NEALON & GOVER, P.C. By: / 2!?! Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 117110 (717) 232-9900 Prothonotary may, CERTIFICATE OF SERVICE AND NOW, this 1st day of July, 2003, 1 hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Laurence W. Dague, Esquire Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA 17108 -f&j4tz/I Eileen S. Smith, Secretary 0 w 0 o C : mrr, "i 1 - C.+ w 3 rn ? rn C_ ? Ys l? ? ROMEO LIO and MARIA L. LIO, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-2520 MARK FIGUEROA and CIVIL ACTION - LAW ANDREA RICHARDS, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Romeo and Mario Lio c/o Scott B. Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, NEALON & GOVER, P.C. By: Brian R. Sinne , squire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 Date: ?i`i G3 (717) 232-9900 ROMEO LIO and MARIA L. LIO, Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2520 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendants, Mark Figueroa and Andrea Richards, by and through their attorneys Nealon & Gover, P.C., and in response to Plaintiff's Complaint aver the following: 1. Admitted, based upon information and belief. 2. Denied as stated. By way of further information Defendant Mark Figueroa's address is 1139 Mulberry St., Apt. 303, Harrisburg, PA 17104. 3. Admitted. 4. Admitted, based upon information and belief. 5. At the present time, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 6. At the present time, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 7. Denied pursuant to Pa.R.C.P. 1029(e). 8. At the present time, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. COUNTI MARIA L. LIO v. MARK FIGUEROA NEGLIGENCE 9. Paragraphs 1 through 8 of Defendants' Answer are incorporated herein by reference thereto. 10. Denied pursuant to Pa.R.C.P. 1029(e). 11. This paragraph and its subparts are denied pursuant to Pa.R.C.P. 1029(e). 12. This paragraph and its subparts are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied pursuant to Pa.R.C.P. 1029(e). 14. Denied pursuant to Pa.R.C.P. 1029(e). 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. Denied pursuant to Pa.R.C.P. 1029(e). 18. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request judgment in their favor together with the cost of this action. COUNT it MARIA L. LIO v. ANDREA RICHARDS NEGLIGENT ENTRUSTMENT 19. Paragraphs 1 through 18 of Defendants' Answer are incorporated herein by reference thereto. 20. Denied as stated. By way of further clarification, it is admitted that Defendant was operating a green Honda Civic. 21. Denied pursuant to Pa.R.C.P. 1029(e). 22. Denied pursuant to Pa.R.C.P. 1029(e). 23. Denied pursuant to Pa.R.C.P. 1029(e). 24. Denied pursuant to Pa.R.C.P. 1029(e). 25. This paragraph and its subparts are denied pursuant to Pa.R.C.P. 1029(e). 26. Denied pursuant to Pa.R.C.P. 1029(e). 27. This is a paragraph with incorporation regarding damages as previously asserted by the Plaintiff. Defendant's answers to the referenced paragraphs are incorporated herein by reference thereto. WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. COUNT III ROMEO LIO v. MARK FIGUEROA LOSS OF CONSORTIUM 28. Paragraphs 1 through 27 of Defendants' Answer are incorporated herein by reference thereto. 29. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. COUNT IV ROMEO LIO v. ANDREA RICHARDS LOSS OF CONSORTIUM 30. Paragraphs 1 through 29 of Defendants' Answer are incorporated herein by reference thereto. 31. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. COUNT V ROMEO LIO v. MARK FIGUEROA NEGLIGENCE 32. Paragraphs 1 through 31 of Defendants' Answer are incorporated herein by reference thereto. 33. Denied pursuant to Pa.R.C.P. 1029(e). 34. This paragraph and its subparts are denied pursuant to 'Pa.R.C.P. 1029(e). 35. Denied pursuant to Pa.R.C.P. 1029(e). 36. Denied pursuant to Pa.R.C.P. 1029(e). 37. Denied pursuant to Pa.R.C.P. 1029(e). 38. Denied pursuant to Pa.R.C.P. 1029(e). 39. Denied pursuant to Pa.R.C.P. 1029(e). 40. Denied pursuant to Pa.R.C.P. 1029(e). 41. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. COUNT VI ROMEO LIO v. ANDREA RICHARDS NEGLIGENT ENTRUSTMENT 42. Paragraphs 1 through 41 of Defendants' Answer are incorporated herein by reference thereto. 43. Denied as stated. By way of further clarification, it is admlitted that Defendant was operating a green Honda Civic. 44. Denied pursuant to Pa.R.C.P. 1029(e). 45. Denied pursuant to Pa.R.C.P. 1029(e). 46. Denied pursuant to Pa.R.C.P. 1029(e). 47. Denied pursuant to Pa.R.C.P. 1029(e). 48. This paragraph and its subparts are denied pursuant to Pa.R.C.P. 1029(e). 49. Denied pursuant to Pa.R.C.P. 1029(e). 50. This is a paragraph with incorporation regarding damages as previously asserted by the Plaintiff. Defendant's answers to the referenced paragraphs are incorporated herein by reference thereto. WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. COUNT VII MARIA L. LIO v. MARK FIGUEROA LOSS OF CONSORTIUM 51. Paragraphs 1 through 50 of Defendants' Answer are incorporated herein by reference thereto. 52. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. COUNT VIII MARIA L. LIO v. ANDREA RICHARDS LOSS OF CONSORTIUM 53. Paragraphs 1 through 52 of Defendants' Answer are incorporated herein by reference thereto. 54. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. NEW MATTER 55. Defendants incorporate paragraphs 1 through 54 of the Answer by reference thereto. 56. Plaintiffs' claims are barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants Mark Figueroa and Andrea Richards respectfully request judgment in their favor together with the costs of this action. Respectfully submitted, NEALON & GOVER, P.C. By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 Date: j4% 03 (717) 232-9900 VERIFICATION I, Andrea J. Richards, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ('? it Date: b 3 ?J?1/l ?41? { ??? E lJ Andrea J. Richa VERIFICATION I, Mark Figueroa, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 9//-10 a 3 Mark Figueroa CERTIFICATE OF SERVICE AND NOW, this L V? /" day of August, 2003, 1 hereby certify that I have served the foregoing Answer and New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Scott B. Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Eileen S. Smith, Secretary :n i ROMEO LIO and MARIA L. LIO, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-2520 MARK FIGUEROA and CIVIL ACTION - LAW ANDREA RICHARDS, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Mark Figueroa and Andrea Richards, with regard to the above-captioned matter. Respectfully submitted, NEALON & COVER, P.C. By:'?MQ C Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Date: I??U `03 Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this t J?- day of December, 2003, 1 hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Scott B. Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Michael S. Ferguson, Esquire ?--? N ^ C-? C- c? ? ? t_ J : f ?..? ,? -n f'n tJ 1 (,.. . _... ?''I ?-?. 4) ROMEO L and MARIA L. LIO, : Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-2520 MARK FIGUEROA and ANDREA RICHARDS, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the undersigned's appearance on behalf of the Defendants, Mark Figueroa and Andrea Richards, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Y?(u(k l?l Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Date: 1 Gov Harrisburg, PA 17110 (717) 232-9900 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the undersigned's appearance on behalf of the Defendants, Mark Figueroa and Andrea Richards, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By Andrew C. Lehman, Esquire Attorney I.D. No. 81937 2411 North Front Street Date S- C?3 Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 5* day of January, 2004, 1 hereby certify that I have served the foregoing Praecipe to Withdraw/Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Scott B. Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 Michael S. Ferg son, Esquire C? o O c. HIM ??<7 . r ' N j ROMEO LIO and MARIA L. LIO, : Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2520 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the undersigned's appearance on behalf of the Defendants, Mark Figueroa and Andrea Richards, with regard to the above-captioned matter. Respectfully submitted, Date: / -0?/- e? NEALON & GOVER, P.C. By: Andrew C. Lehman, Esquire Attorney I.D. No. 81937 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the undersigned's appearance on behalf of the Defendants, Mark Figueroa and Andrea Richards, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: lz Michael S. Fergus n, Esquire Attorney I.D. No. 83882 2411 North Front Street Harrisburg, PA 17110 Date: TT (717) 232-9900 0 ?' Cam' [?rl C7 --1 Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlanb Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6,3 - -Z e-.ZA CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573