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HomeMy WebLinkAbout01-06517 JUN 2 6 2003V1 WILLIAM A. RITTER, SR Plaintiff V. NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of June, 2003, Plaintiff's counsel and the Estate of William A. Ritter, Jr., are directed to show cause why this action should not be dismissed. Rule Returnable days from servcie I/T OE T FILED- ?7Fj,,'E ;n• i;?qy 03 JUL _ 2 CUMEEn??,??.,?; 1 y' 0 C't S'" Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHB'MAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff V. NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,?A Cy O CIVIL ACTION - LAW m Z:Tl U? No. 2001-06517 Civil Tern l 3 JURY TRIAL DEMANDE ``' w MOTION REQUESTING RULE TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE AND NOW, comes Defendant Nicholas E. Stambaugh, by his attorneys, Goldberg, Katzman & Shipman, P.C., who state: This civil action was initiated on behalf of Wiliam A. Ritter on November 16, 2001. The action involves a motor vehicle accident that occurred on December 23, 1999. 2. The parties have been advised that Plaintiff William A. Ritter, Sr. is now deceased, having passed away in November, 2002. 3. Plaintiff's counsel has not been contacted by any members of the Ritter Family, despite his issuance of two letters, attached hereto as Exhibits "A" and "B", advising of the need for a family member to assist in the prosecution of this action. 4. Attorney Swartz advises that he has not had any cooperation from the family. WHEREFORE, Defendant requests that the Court issue a Rule upon the Estate of William A. Ritter, Jr., to show cause why this action should not be dismissed. GOLDBERG, KATZMAN & SIRPMAN, P.C. BY:' Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: Attorney for Defendant Stambaugh 96439.1 ---------- ---- - 4rive., TIiCKER ARENSBEO f _5 SWARTZ CELEBRATING A CENTURY OF SERVICE May 2, 2003 Mr. William A. Ritter, Jr. 81 Miramar Drive Pennsville, NJ 08070 Re: Dear Mr. Ritter: Ritter v. Stambaugh .BILE COPY Lee C. Swartz lswaitz@tuckerlaw.com Certified as a Civil Trial Advdcate by the National Board of Trial Advocacy, A Pennsylvania Supreme Court Approved Agency. I am enclosing a copy of my letter to you of November 19, 2002. It is absolutely imperative that you call me immediately or else this case is going to be dismissed. Sincerely yours, TUCKER ARENSBERG & SWARTZ Lee C. Swartz LCS:pjg enclosu F m a Postage a .37 Certified Fee 2- 3 L Retum Roaelpt Fee ,/ 7 S ? (ErMOrsement R=-d) C3 - Restricted Delivery Fas = (Endomement Required) l L , C O Total Postage a Fees 17 S m paelplent9 Name (Please Print Clearly) (to be completes . -_William-_A .,---Rtter_,._J 1r s t No.; aMiramar i i Sox No. tr'lA' Drive claeiinsville, NJ 08070 5/2/03 PosMark Here PBURG, PA 17108-0889 717-234-4121 800-257-4121 FAX 717-232-6802 iibsburgh Airport Area • Lewistown rail: tapettituckerlaw.com TICKER ARENSBERL _ SWARTZ s. r ix CELEBRATING A CENTURY OF SERVICE November 19, 2002 Mr. William A. Ritter, Jr. 81 Miramar Drive Pennsville, NJ 08070 Dear Mr. Ritter: HLE COPY Lee C. Swartz Iswartz@tuckerlaw.com CerUffed as a Civil Plot Advocate by the National Board of Trial Advocacy Please accept my condolences on the death of your father. As you may be aware, I was representing him in an automobile accident case. Unfortunately, because of his health problems, we were never really able to develop the case. In addition, he had what is known as "limited tort" insurance coverage in Pennsylvania, which makes it very difficult to recover unless you have sustained a "serious" injury, and at the time that I was dealing with your father, I had not been able to establish such an injury. It is my recommendation that we not proceed with this case since it would be difficult to prove your father's injuries at this point. I would appreciate your sending me a death certificate in order that I can discontinue the lawsuit. I am enclosing a self-addressed, stamped envelope for your convenience. Thank you. Sincerely yours, TUCKER ARENSBERG & SWARTZ Lee C. Swartz LCS:pjg 54635.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17106-0889 717-234-4121 800-257-4121 FAX 717-232-6802 Pittsburgh • Pittsburgh Airport Area • Lewistown E-mail: tapcOtuckerlaw.com wwwAuckerlaw.com CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arenberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: C V??- Thomas E. Brenner, Esquire Date: ? ?- (b3 ?? I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.01 - 1, 7 v?L? I Civil Action - Law WILLIAM A. RITTER, SR. NICHOLAS E. STAMBAUGH 301 Potato Road R.D. #1, Box 414 Carlisle, PA 17013 Landisburg, PA 17040 VS. Plaintiff(s) and Defendant(s) and Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff in order to deputize the Perry County Sheriff in order to complete service upon Defendant in order to complete service upon service upon Defendant. Lee C. Swartz TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Sig afore of Attorney Supreme Court I.D. 907258 Date: / I I liq / /0 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:A)oo r!(o ?aZGU? 44994.1 C Q L; ?+ -,? 'U[k; ? "tire ? ? ? ? ?? ?_ ?l ??, ? `?,_i C w ri l 1 `?, ? ? 1 l" tD "? ' ?' ? ? SHERIFF'S RETURN - OUT OF COUNTY -- CASE NO. 2001-06517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RITTER WILLIAM A SR VS STAMBAUGH NICHOLAS E 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: STAMBAUGH NICHOLAS E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 28th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 28.97 Sheriff of Cumberland County nn u5'J' 11/28/2001 TUCKER ARENSBERG SWARTZ Sworn and subscribed to before me this 30 ? day of X411 ? A.D. Prothonotary' Iii The Court of Common Pleas of Cumberland County, Pennsylvania William A. Ritter Sr. vs. Nicholas E. Stambaugh SERVE: same No 01 6517 civil Now, November 21 20 01 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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, November 27 20 01 , at 10 : 52 o'clock A M. served the within Writ of Summons upon Nicholas E. Stamba at RD1 Box 414 Landisburq, Pa. 17040 by handing to Gene a True & Attested Defendantsfather copy of the original and made known to Him Writ of ?, Summons the contents thereof. So answers, Cebrl_E. Nace Sheriff of COSTS SERVICE 18.00 $ MILEAGE R 87 00 AFFIDAVIT 2.00 o? County, PA $ 28.97 Sworn and subscribed before me thisi day of P)20 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambauah WILLIAM A. RITTER, Sr. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg, Katzman & Shipman, P.C. on behalf Defendant Stambaugh. GOLDBERG, KATZMAN & SHIPMAN, P.C. B 1?6 Thomas . renner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Date: ? -3 , 0 a- Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esquire Tucker Arensberg & Swartz 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: C4-z?? Thomas E. Brenner, Esquire Date: T (402, `I 'gL ` 'd _:?'n T 3 ? fi`r' CJ FS ?/Y Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days of service thereof or suffer the entry of a judgment of non L. GOLDBERG, KATZMAN & SHIPMAN, P.C. By. ?.. Thomas renner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Date:? -D y Attorneys for Defendant Stambaugh RULE TO FILE COMPLAINT AND NOW, this ,Ok, day of 2t 2001, upon Praecipe of Defendant, a rule is hereby entered upon the Plaintiff to file a Complaint within twenty (20) days after service of this rule or suffer the entry of a judgment of non pros. Prothonotary CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz; Esquire Tucker Arensberg & Swartz 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: Thomas E. Brenner, Esquire Date: " C /) ) ©? ^' c rotes -"? ? r fill ro (?% N ms ? s Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NICHOLAS E. STAMBAUGH Defendant CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED AFFADAVIT OF SERVICE The Rule to File a Complaint was served upon counsel for the Plaintiff on April 10, 2002, as reflected on the enclosed certified mailing return receipt. GOLD 7 7 & SHIPMAN, P.C. By: Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 [717]234-4161 Attorney I.D. No. 32085 Date: I (j per- Attorneys for Defendant Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: Thomas E. Brenner, Esquire Date: Attorney for Defendant u 9 SENDER: •Completeftems 1 and/or 2 for additional services. I also wish to receive the a .complete dente s, aa, and ab, following services (for an ' •Pdm your name and address on the reverse of this torn so that we can return this extra tee): card to you. • ? this form to the from of the mailpiece, or on the bads if space does not 1. ? Addressee's Address 2 m Wdts'Refum Receipt Requested'on the mailpieca below the article number 2, ? Restricted Delivery y •The Return Receipt wID show to whom the altfde was delivered end the date delivered. Consult postmaster for fee. c 0 a 3. Article Addressed to: e e Swa, ?Z ?S 4a. Article Number 3ydO aez q t7 d C , ??/?C / ?i{ L'I?LY ??i°l? 4b. Service Type 0 9 ' ?(/ / i d to - J ? Registered ? Cert fie cc L J(c.i c2--1(,? ? Express Mail ? Insured c . ?tum Receipt for-Mwcdaadise ? COD ? 0 a /1?1?? ?7 i'I?GS? 7. Date of Delivery APR 10 2W r C a?z 5.Received By: (Print N ) 8. Addressee's Address (Only if requested e - and fee is paid) P g Ignatu ( Agent) 0 T a PS Form 3811, December 1994 102595-97-Ml79 Domestic Return Receipt a. FYI y LJ rJ ?{? .M1 .C?3 Thomas E. Brenner, Esquire I.D. No. 32085 GOLDBERG, KATZMAN S SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant WILLIAM A. RITTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6517 V. NICHOLAS E. STAMBAUGH Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) Plaintiff did not object to the subpoena being sent out ; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. BERG,_ T SHIPMAN, P.C. By: Thomas E. Brenner, Esquire Attorney I. D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: `t Attomeys for Defendants Thomas E. Brenner, Esquire I.D. No. 32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant WILLIAM A. RITTER, SR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 01-6517 V. CIVIL ACTION - LAW NICHOLAS E. STAMBAUGH Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Lee Swartz, Esquire Tucker, Arenberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 PLEASE TAKE NOTICE that Plaintiff intends to serve a subpoena identical to the one attached to this notice. 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. GOLDBERG, KATZMAN & SHIPMAN, P.C. omas E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants DATE: i ? i IS(;) Z CC KyCNWFALTH OF PENtI VAN41 CXTM-Y OF CUMBERLAND WILLIAM A. RITTER, SR., Plaintiff V NICHOLAS E. STAMBAUGH, Defendant File No 01-6517 No. SUBPOENA TO PRCCUCE DOCil-ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Insurance Company, P.O. Box 257, New Cumberland, PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: your complete first party benefits file ' on William A. Ritter, Sr., claim no.: 38J-468-122, ate o acciaen,: at 320 Market Street, Harrisburg, PA 17108-1268 _ (Address) You my deliver or mail legible conies of the docments or produce things requested by this subpoena, together with the certificate of ccrM liance, to the party making this request at the addrzss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docirnents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena rray seek a court order carpe l l i ng you to ccrp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: mh G F R+-enner. Esquire ACCRESS• 320 Market Street Harrisburg-, PA 17108-1268 TELEPFCNE: 717-234-4161 SL.PREME Ca)RT 10 # 32085 ATTORNEY FCR: Defendant DATE:_. L Se t of the urt i BY E COURT: Prothonotary/Clerk, vi1 Division C Deputy (Eff. 1/97) CERTIFICATE OF SERVICE h ?vjary K Ridings, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this ) day of t't 2002, a true and correct copy of the foregoing Notice of Intent to Serve Subpoen to Produce Documents or Things was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Lee Swartz, Esquire Tucker, Arenberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, F:ATZiMAN & SHIPMAN, P.C. BY: vIAR=RADIS, PARALEGAL to T AS E. RENNER, ESQUIRE CERTIFICATE OF SERVICE I, /M?a?ry , K. Ridings, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this -c-". day ofYll 2002, a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena to Produce Documents or Things was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Lee Swartz, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY dV l'i ' ? rt "C) I :' 1'?. t, ' ?, .? c -? -= _ }? ' ?. ; ,.? rr: - " _.? -: ? ,_=f tr, WILLIAM A. RITTER, SR., Plaintiff V. NICHOLAS E. STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06517 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una order contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG & SWARTZ By. _..?._.... Lee C. Swartz, Esquire Attorney I. D. #07258 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorneys for Plaintiff Date: `T WILLIAM A. RITTER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-06517 CIVIL ACTION - LAW NICHOLAS E. STAMBAUGH, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, William A. Ritter, Sr., by and through his attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant Nicholas E. Stambaugh, and avers as follows: Plaintiff, William A. Ritter, Sr., is an adult individual residing at 301 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter known as "Plaintiff'). 2. It is believed, and therefore averred, that Defendant Nicholas E. Stambaugh is an adult individual who resides at RD#1, Box 414, Lanidsburg, Perry County, Pennsylvania 17040 (hereinafter known as "Defendant"). 3. This Court has jurisdiction over this matter on the grounds that the facts and circumstances of the automobile accident giving rise to this action occurred on December 23, 1999, at or about 1:45 p.m., at the intersection of North West Street and D Street, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff William A. Ritter, Sr. was the owner and passenger of a 1986 Dodge Aries being operated by Stacey A. Miller traveling northbound on North West Street. At the aforesaid time and place, Defendant was the operator of a 1995 Honda Passport traveling eastbound on D Street. 6. At the aforesaid time and place, Defendant was operating his vehicle in an unsafe manner such that he failed to stop at a stop sign located at the intersection of D Street and North West Street. Defendant's vehicle violently struck the 1986 Dodge Aries that Plaintiff owned and in which he was a back seat passenger. 7. As a direct and proximate result of the aforesaid collision, Plaintiff has suffered severe and permanent injuries and damages as set forth herein. 8. At the time of the accident in question, Plaintiff had automobile insurance coverage for Plaintiff's vehicle, a 1986 Dodge Aries, with State Farm Insurance Company under policy no. 717-4606-E30-381. Plaintiff selected the Limited Tort Option (75 Pa.C.S.A. §1705). 9. As a result of the aforementioned accident, Plaintiff suffered serious injuries causing a serious impairment of a body function or functions as defined in 75 Pa.C.S.A. § 1702 and as more fully set forth hereafter. Furthermore, the serious injuries sustained by Plaintiff significantly affect his ability to perform normal daily activities. Therefore, Plaintiff is not bound by the restrictions imposed by the Limited Tort Option, 75 Pa.C.S.A. §1705(d). 10. The aforesaid accident was caused solely from the negligence, carelessness, and recklessness conduct of Defendant and was in no manner due to any act or failure to act on the part of Plaintiff. 11. Defendant was negligent, careless and reckless in causing the aforesaid accident as follows: (a) Failing to have his vehicle under proper and adequate control at all times; (b) Failing to apply his brakes or take other evasive action in time to avoid the collision; (c) Failing to observe Plaintiff's vehicle on the roadway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with Plaintiffs vehicle; (d) Operating his vehicle in a manner in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania: 75 Pa.C.S.A. § 3323 relating to stop signs and yield signs; (e) Failing to keep a reasonable lookout for other vehicles lawfully on the roadway; (f) Operating his vehicle with careless disregard for the safety of other persons, including Plaintiff, in violation of the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. § 3714; (g) Failing to operate his vehicle with due regard to the safety and position of Plaintiffs vehicle; and (h) Failing to operate his vehicle at a safe speed pursuant to the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. §3361. 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe serious and permanent injuries that include, but are not limited to, the following: (a) Right trapezius and low back strain; (b) Acute cervical pain and tenderness; (c) Bilateral knee pain and significant crepitation; (d) Left knee injury resulting in total destruction of cartilage and requiring a total knee replacement; (e) Exacerbation and/or aggravation of chronic cervical disc disease; (f) Left foot swelling and ecchymosis with tenderness along the medial tarsal region; (g) Acute left foot pain; (h) Exacerbation and/or aggravation of gout symptoms; (i) Bilateral foot swelling and tenderness; and 0) Various other contusions and abrasions. 13. As a result of the injuries, Plaintiff has suffered and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, embarrassment and loss of life's pleasures. 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in his normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer great physical nervous, mental and emotional distress. 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer impairment to his health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances and household care beyond that which he might otherwise recover. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss of income and earning capacity beyond that which he may be otherwise entitled to recover. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which he may otherwise be entitled to recover. WHEREFORE, Plaintiff William A. Ritter, Sr. demands judgment against Defendant, Nicholas E. Stambaugh in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully Submitted, TUCKER ARENSBERG & SWARTZ By: Le C. Swartz Attorney I.D. #07258 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: ATTORNEYS FOR PLAINTIFF 4 0:7- 49256.1 VERIFICATION I, LEE C. SWARTZ, attorney for the Plaintiff, William A. Ritter, Sr., in the within action, makes this verification on behalf of the Plaintiff, as Plaintiff is outside the jurisdiction of the court and the verification of Plaintiff cannot be obtained within the time allowed for filing the pleading, and I affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Lee it. Swartz 49303.1 CERTIFICATE OF SERVICE AND NOW, this 24th day of April, 2002, I, Cathleen A. Kohr, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certify that I have this day served a copy of a Plaintiff's Complaint by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 da.,A-N'P Cathleen A. Kohr C p , :. ^- o Jrry < -I Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant JURY TRIAL DEMANDED PRAECIPE FOR JOINDER OF ADDITIONAL DEFENDANT Please issue a Writ of Summons to join Stacey A. Miller, 905 Creek Road, Carlisle, Cumberland County, Pennsylvania as Additional Defendant in this matter. Date: ? , [110 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: T omas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-08$9 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: Thomas E. Brenner, Esquire Date: 611l yil 0.1- 77916.1 r n c::, t c Fl Po k _r; n Cumberland County, ss : The Commonwealth of Pennsylvania to STACEY A. MILLER (Name of Additional Defendant) You are notified that NICHOLAS E. STAMBAUGH (Name (s) of Defendant (s) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date June 21, 2002 n,r:L R r P 6thonotary By Zan,-1 .2r-vc I Deputy (SEAL) STACEY A. MILLER 905 CREEK ROAD CARLISLE, PA z s ~;' row . > O 1 P d L, cn P O 0.4 00 j ° c o Cn H i z w H e C z ? y z y 0 7 Ul C Ln H I y? C CL 160 SHERIFF'S RETURN - REGULAR CASE NO: 2001-06517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RITTER WILLIAM A SR VS STAMBAUGH NICHOLAS E KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon MILLER STACEY A the ADD'L DEFENDANT, at 1500:00 HOURS, on the 26th day of June 2002 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to STACEY A MILLER a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of QLa o? Upn.Z A. D. c ltd,,, 12 )2L ? P o honotary So Answers: R. Thomas Kline 06/27/2002 GOLDBERG KATZMAN SHI By: ty Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant JURY TRIAL DEMANDED 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attowev for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NICHOLAS E. STAMBAUGH Defendant CIVIL, ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT NICHOLAS E. STAMBAUGH AND NOW, comes Defendant Nicholas E. Stambaugh, by his attorneys, Goldberg, Katzman & Shipman, P.C., who state: Admitted. 2. Denied in part. The Defendant's address is 135 Paige Hill Road, Landisburg, Perry County, Pennsylvania 17040. 3. Admitted. 4. Admitted. 5. Admitted 6. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 7. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 8. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 10. Denied. It is denied that Defendant Stambaugh was negligent, careless or wreckless. 11. It is denied that Defendant Stambaugh was negligent, careless or wreckless. It is acknowledged that Defendant Stambaugh failed to observe a stop sign. The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 17. Denied. This paragraph is denied pursuant to Pa. RC.P. 1029 (e). 18. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 19. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). WHERFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 20. Plaintiff's injuries arose from comparative negligence of the driver of his vehicle. 21. Plaintiff's injuries arose from the assumption of risk by the Plaintiff under the circumstances. 22. Plaintiff's injuries arose from his comparative negligence under the circumstances. 23. Plaintiff's medical problems relate to conditions that do not arise from this motor vehicle accident. WHEREFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Date: 101 141 'D ? Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh VERIFICATION I, Nicholas E. Stambaugh, Defendant herein, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. J Nicholas E. Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arenberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: Tho as E. Brenner, Esquire Date: ) 0 1 I4la1- 81056.1 V ?1 OCT 2 2 2003 WILLIAM A. RITTER, SR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of October, 2003, as there has been no response filed to the Rule to Show Cause, this Court directs that this matter be marked dismissed for failure to prosecute the claim. f \IA } Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAM13AUGH Defendant JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Defendant, Nicholas E. Stambaugh, by his attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Defendant filed a Motion on June 2, 2003, indicating that Plaintiff, William A. Ritter, Sr., had died in November, 2002, and that no action had been taken to substitute his estate in this matter. 2. Through discussions with Plaintiff s counsel, it was learned that no members of the Ritter family had come forward to assist in the prosecution of this case. 3. A Motion for Rule to Show Cause why the action should not be dismissed was filed, and this Court, by Order of the Honorable President Judge George E. Hoffer on June 30, 2003, directed Plaintiff's counsel and the Estate of William A. Ritter, Sr., to show cause why the action should not be dismissed. 4. No response has been filed of record. 5. Counsel for Defendant Stambaugh has spoken with Attorney Lee Svmrtz, who represents the interest of the Plaintiff Ritter, and has been advised that there has been no response from the Ritter family. WHEREFORE, as no opposition has been filed to the request that this action be dismissed for failure to prosecute, Defendant, Nicholas E. Stambaugh, requests that the Court enter a Rule absolute directing that this matter be dismissed. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: /o?g?a3 Attorney for Defendant Stambaugh 101541.1 JUN 2 6 2003 ? WILLIAM A. RITTER, SR. Plaintiff V. NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this 36 ' day of June, 2003, Plaintiff's counsel and the Estate of William A. Ritter, Jr., are directed to show cause why this action should not be dismissed. Rule Returnable days from servcie ? ? ? 41 , 9, TPUE COPY FROM RECORD In Te;t=:srony Yaf!emO, I We i;cito ,;A f% hand 'v°; ?:'j -F .i ins sAid C?clo to, Ft. ?_ ? Prrthcrmaro ' CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States snail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KAT>>ZZMAN & SHIPMAN, P.C BY: ?.GJ ?--.?- Thomas E. Brenner, Esquire Date: JO/q/03 ??? ? - , - ? -? _?,:; ,?, -, -. - _ ,, J , r i?> ?` ` ` - Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q j-&917 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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