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Home My WebLink About03-2277 SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, NO.: 03-2277 Civil Term v. JOHN H. SAL TZER, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, John H. Saltzer, with regard to the above-captioned matter. Respectfully submitted, ~- James G. Nealon, III, Esquire 1.0.#:46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 By: Date: (, / I oJ., r L l CERTIFICATE OF SERVICE vJ--- AND NOW, this 1 day of June, 2003, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Charles E. Schmidt, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 () ~/ I ~ c James G. Nealon, III, Esquire ~ 0 ~ w C- "-'f ?}g; ~ :r:n t5~ N ;~ C ;'.'j ;:>...: ::::, ) l~: -0 ~cC =H :x ~-,.)O C '?rn <:;: D :?:i :::> ::;! :u -< \0 -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02277 P 'COMMONWEALTH pF PENNSYLVANIA: COUNTY OF CUMBERLAND QUESENBERRY SUSAN ET AL VS SALTZER JOHN H 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: SALTZER JOHN H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 26th , 2003 , this office was in receipt of the attached return from YORK 18.00 9.00 10.00 33.68 .00 70.68 06/26/2003 SCHMIDT RONCA / ~/ R 'Thomas Kline ;/ ~ Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep York County So s: KRAMER Sworn and subscribed to before me this 'IT!! day of()1. J ,J.(m3 A. D. ~ !.. 1.L Q ~LAJ ~n:; ~ prothonotarY-' / #-7 5/pj COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 2B EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 19M$. . PLEASE TYPE LINE 1 THRtl12 DO NOt mA~COPfE:S 2 CXl.UR'UIIJWlER. '1 Uj-<:<:// C1.V1. 1 PLAINTIFF/SI Sandra Quesenberry et al 3. DEFENDANT/Sf John H. Saltzer Notice and Complaint SERVE { 5. NAME OF INOIVIOUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIEO, ATTACHED, OR SOLD ~ John H. Saltzer ....,... 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO.. CITY, BORc, TWP., STATE AND ZIP CODE) AT 104 Ironstone Road New Cumberland, PA 17070 Fairview Twp. 7 INDICATE SERVICE 0 PERSONAL 1:1 PERSON IN CHARGE XXI DEPUTIZE 0 CERT MAil 01 ST CLASS MAIL 0 POSTED 0 OTHER NOW May 21 ,20~ I, SHERIFF%F~SOUNTY, PA, do hereby deputize the sheriff of Vnrk COUNTY to execute<hiS 't~ return~h r ording to law. This deputization being made at the request and risk of the plainllff. ....". , .....-; Rln-Ol-'jJ) Y 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE T CUlTi~rland OUT OF COUNTY CUMBERLAND 4. TYPE OF WRIT OR COMPLAINT ADVANCED FEPAID BY ATY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property Onder within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability 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 and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 110_ TELEPHONE NUMBER 111. DATE FILED SCHMIDT, RONCA & KRAMER (CHARLES E.SCHMIDT) 232 6300 5-12-03 ?oq ~TATF ~T H8h PA 17101 - 12. SEND NOTICE OF SERVICE COPY TO~AME AND ADDRESS BElOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF ,; iLkn:W,edge receIP;~flh~~~~.ll ~:~~~R OS!! Din THE! Sfll!lUlIJ'l. 00 NO'f-It!I~~~at~~~~E "'li;;.Ex.!'f1&O~tJ/>~n;Da\~il or complaint as mdlcated above . l j b .. 1 U j '6 HOW SERVED PERSONAL RESIOENCE ( POSTED ( POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW T FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) L SER IS DORESS HERE IF NOT SHO\NN ABOVE (Relationship to Defendant) l'sT~~120. ??J(je:;J!. I Date I T,me I M,les \,nt I Date I T1me I M"es I In' I Date I Time \ ~ n' I Date (Time I Miles \ In' 22. ~G~d (~~ 23'1oo~ 1J~s 124:~r:i~etts 125. NIF 1261~il~~; 127 postageI283~: ;;tal 129. Pound 13;.N~~~ 131. surChg'I;,T~6~o'tsI3;~:s.o~~m Re~/JE9sq 34. Foreign County Costs '35. Advance Costs /36. Service Costs 137. Notary Cert. 38. Mileage/Postage/Not Found 139. Total Costs 140. Costs Due or Refund 41 AFFIRMED and subscnbed to before me this 24th .~ZA1~E ~) J 03 ~4 Slgnat ~ 4"~0 42 day of une ,20 _ ~3 Dep Shenff ~~ _. J;,.,<./ ::) O......y . PROT I NOTARY 6 S'gn of k James V. angreen cting Sheriff fOl1 ATE NQTARIAl SEAL CO She . . ' . ~ )!lY~~:~;~rk~ "'~~~ W1.1l1.am M. Hose, Shenff vtl~ 6/24/C pIres A Tit 2' J./1 48 SIgnature of Foreign ~ U 49. DATE o ~ ~ ' .I ,- / CountyShenff 50 I ACKN V\A.ED E eCEIPT 0 E RIF S N SIGNATURE 151 DATE RECEIVED OF AU HORIZED ISSUING AUTHORITY AND TI 1, VVHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife,: Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ~'l1 NO. 03 aa'16 Civil Term JOHN H. SALTZER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 4th day of August, 2003, 1, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiff James Quesenberry's Answers to Defendant's Interrogatories by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, p.e. 2411 N. Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. BY: /Jfr- Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 0 0 0 c w ., ~: ,:=- --; -0 C1~: - T -n !:pC' G=5 ..,-; f.e-:- ~-.-. I rTi ZC C..., 0' -' <f.>" (S ~> r:; l,'_ -0 -Ti );; -n :J,:: (-) Z~'-' r"n ;t>' -~. c.. p: L~_ C- -.; '::n -,(' ...1 -< SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 4th day of August, 2003, 1, Shawn T. Peterson, hereby certifY that 1 have this day served a true and correct copy of the foregoing Plaintiff Sandra Quesenberry's Answers to Defendant's Interrogatories by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. /'-~ BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 (") 0 (") c (.~ -n ~ ~ -crr rnr, ~::; -0 Z::; I i-n Z " ~-1 (n 0". ~.;"" -< (); ~;t., -"'0 0, "i " ~l: ::;: C'5 -.( ,'jrn >c '-1 '::';~4 c:- 55 -< .-J -< SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, NO.: 03-2277 Civil Term v. JOHN H. SAL TZER, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Sandra and James Quesenberry, and their attorney, Charles E. Schmidt, Jr., Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: ~lb1;7 , NEAL~N & G( ~J James G. Nealon, III, Esquire 1.0. #: 46457 2411 NOIth Front Street Harrisburg, PA 17110 717/232-9900 By: SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, NO.: 03-2277 Civil Term v. JOHN H. SAL TZER, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER. NEW MATTER. AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252@ 1. Admitted. 2. Admitted. 3. It is admitted that the accident giving rise to the instant civil action occurred on December 31, 2002, on 1-83 southbound, in the vicinity of the Highland Park Exit, Cumberland County, Pennsylvania. It is denied that the accident took place as alleged in the Plaintiffs' Complaint. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. On the contrary, Defendant Salt~er properly secured the horse trailer and horse. By way of further averment, the accident occurred because an unidentified vehicle suddenly and without warning cut off the Saltzer vehicle. 8. Denied pursuant to PaRC.P. 1029(e). COUNT I Sandra Quesenberry v. John H. Saltzer Negligence 9. Paragraphs 1 through 8 are incorporated herein by reference thereto as if set forth at length. 10.-17. Denied pursuant to Pa.R.C.P. 1029(e). COUNT II James Quesenberry v. John H. Saltzer 18. Paragraphs 1 through 17 are incorporated herein by reference thereto as if set forth at length. 19.-20. Denied pursuant to Pa.R.C.P. 1029(e). NEW MATTER 21 . Paragraphs 1 through 20 are incorporated herein by reference thereto as if set forth at length. 22. Any damages to which the Plaintiffs are entitled are to be reduced in whole, or in part, in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 31701, et seq. 23. The accident giving rise to the instant civil action was caused due to the conduct of an unidentified driver who suddenly and without warning cut off the Saltzer vehicle. 2 NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) IN THE NATURE OF A CROSSCLAIM AGAINST JAMES QUESENBERRY 24. Paragraphs 1 through 23 are incorporated herein by reference thereto as if set forth at length. 25. The accident giving rise to the instant civil aGtion was caused in whole, or in part, by the negligence, carelessness, and/or red~lessness of Plaintiff James Quesenberry in that he failed to: a. have his vehicle under proper and adequate control; b. observe the horse in the roadway; c. apply his brakes in time to avoid the collision; d. take evasive action; and e. violations of the Pennsylvania Motor Vehicle Code, which is negligence per se. WHEREFORE, Defendant, John H. Saltzer, urges this Honorable Court to enter judgment in his favor and dismiss the Plaintiffs' Complaint. Alternatively, Defendant Saltzer demands contribution and/or indemnification from Plaintiff James Quesenberry. Respectfully submitted, 'q~ NEALON & GO P.C. By: James (i. Nealon, III, Esquire 1.0. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 D,te JIi 3 VERIFICATION \, JOHN H. SAL TZER, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: ArJ t) OJ '~~ :JOHN H. :~AL TZER CERTIFICATE OF SERVICE AND NOW, this ~y of August, 2003, I hereby certify that I have served the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Charles E. Schmidt, Jr., Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 SANDRA QUESENBERRY and QUESENBERRY, her husband, Plain tiffs IN THE COURT OF COMMON PLEAS JAMES CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JOHN H. SALTZER, Defendant NO. 03-2277 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT AND NOW, come the Defendants, Sandra and James Quesenberry, by their attorneys, Schmidt, Ronca & Kramer, P.C., who file the following reply to the New Matter of Defendant, John H. Sa1tzer; 21. Paragraph 21 does not require a responsive pleading. 22. Paragraph 22 contains conclusions of law to which no response is required. 23. The Plaintiffs are unable to admit or deny the allegation contained in paragraph 22 because the means of proof are within exclusive control of the Defendant, and Plaintiffs demand strict proof of the same. WHEREFORE, Plaintiffs demand judgment in accordance with the prayer for relief contained in the Complaint filed in this action. REPLY TO NEW MATTER PURSUANT TO Pa.R.C.P. 2252(D) IN THE NATURE OF A CROSSCLAIM AGAINST JAMES QUESENBERRY 24. Paragraph 24 does not require a responsive pleading. 25. Denied. The allegations contained in paragraph 25(a)-(e) are denied for reasons more particularly set forth in the Plaintiffs' Complaint. By: Charles E. Schmid Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 1710 1 (717) 232-6:WO Dat .l Jm3 Attorneys for Plaintiffs VERIFICATION I, Charles E. Schmidt, Jr., attorney for Plaintiffs, verifY that I am attorney of record for the Plaintiffs, and that the foregoing document contains no facts within the knowledge of the Plaintiffs, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs' behalf. 1 verifY that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. 84904 relating to unsworn falsifications to authorities. \ I , , R~NCA & Ill" i (" ') - . ,/ ER,P.C. Charles E. Schmidt, Jr. 209 State Street Harrisburg, PA 17101 Attorney 1.0. #19198 (717) 232-6300 By: Attorney for Plaintiffs DATE: 51+- 3/ ;(003 CERTIFICATE OF SERVICE AND NOW, this 4th day of September, 2003, I, Charles E. Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Reply to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 By: Respectfully $Ujbmitted, I , I' ! SCHMIDT IRONn: CA ~ KRAM~Il' P.C. LQJrc,(, Charles E. Schmidt, J . I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs (") <:; "-... vl~t~ n-;r,: -:'" .J 2:( U~j:- ~:: ~- ~8 2:, =< c:' (.0 :n rTl "0 , CD o -n ::;-1 'Ti ~.:"'! ,I,.J .; _L --,(J "'-1': ;"'~ ~:j '-rr, ,-) -..j )> ~') =< ".. ::Jl: 9 :.n John R. Ninosky, Esquire I.D. 4178000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Additional Defendant SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW JOHN H. SALTZER, Defendant NO. 03-2277 CIVIL TERM vs. JAMES QUESENBERRY, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Additional Defendant, James Quesenberry, in the above- captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. /. AJ{/LJ~ iflos'kY; ~squire At rney I.D. 78000 (717) 234-4161 Attorney for Additional Defendant DATE: cr/';j.3}03 100905.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on ~.n4~/' ;; s , 2003, addressed to the following: Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs James G. Nealon, III, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, Pa 17110 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. 100906.1 By ~ ;( JdArtif:2 Jo R. Ninosky, Esq re Attorney I.D. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Additional Defendant, James Quesenberry 8 $:: ~w q!p, "",.r.. .<'~C' (I) ...'~:: -< . k ~F >s: ~ -< '=' (.,,) U> I" ~ N (") -T"I ._~.: . .';",' ~ !,.'-l'i'" :.~-; .~:;';' .---..'q ~.;(') tjrn --, -1.... :1) -< .;:" ::? ...... ry r::- (;;) John R. Ninosky, squire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17 08-1268 (717) 234-4161 Counsel for Additi na1 Defendant SANDRA QUESENB RRY and JAMES QUESENBE RY, her husband, Plaintiffs vs. JOHN H. SALTZE , Defendant vs. JAMES QUESENBE Y, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2277 CIVIL TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) FILED ON BEHALF OF DEFENDANT JOHN H. SALTZER AND NOW, c mes the Additional Defendant, James Quesenberry, by and through is counsel, GOldberg, Katzman & Shipman, P.C., who files this eply to New Matter pursuant. to Pa. R.C.P. 2252(d) by respectfully stating the following: 24. Addit onal Defendant incorporates by reference the allegations and responses contained in Paragraphs 1 through 23 herein as thoug fully set forth at length. 25. The averments contained in Paragraph 25, including ragraphs (a) through (e) are denied pursuant to Pa. (e) . WHEREFORE the Additional Defendant, James Quesenberry, respectfully r quests that the Crossclaim be dismissed and that jUdgment be en ered in his favor. DATE: /O/'R/O~ 100909.1 7' oIl Respectfully submitted, Goldberg, Katzman & Shipman, P.C. By /JJ J~ It L,...___L ~n~~~ire 1.D. No. 7:3000 320 Market Street P.O. Box 1268 Harrisburg" PA 17108-1268 (717) 234-4161 Attorney for Additional Defendant 2 VERIFICATION PURSUANT TO PA. R.C.P. NO. l0241c) the party g the foregoing document; that he makes this John R. states that he is the attorney for affidavit attorney, because the party he represents lacks ledge or information upon \~hich to make a verification a because he has greater personal knowledge of the informatio and belief than that of the party for whom he makes this aff davit; and that he has sufficient knowledge or information an belief, based upon his investigation of the matters averre or denied in the foregoing! document; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904, relatin to unsworn falsification to authorities. ~ It ulJJJ-'~ Jo n R. Ninosky DATE: 83354.1 /i)1'J8~.3 CERTIFICATE OF SERVICE I HEREBY ERTIFY that I served a true and correct copy of the foregoing ocument upon all parties or counsel of record by depositing a c py of same in the United States Mail at Harrisburg, Pe nsylvania, with first-class postage prepaid on Jr; , 2003, addressed to the following: Charles E. Sc Schmidt, Ronca 209 State Stre Harrisburg, PA Attorneys for idt, Jr., & Kramer, t 17101 laintiffs Esquire P.C. James G. Nealo , III, Esquire Nealon & Gover, P.C. 2411 North Fro t Street Harrisburg, Pa 17110 Attorneys for efendant GOLDBERG, KA'rZMAN & SHIPMAN, P.C. 100906.1 By .?2~A ~~~ ~lOSkY, Esqu re Attorney LD. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Additional Defendant, James Quesenberry (') c ~ "'Uco [pEn ..-.:;;., _t: ZC C/) ," -<;...:. ~c ~C1 =0 PC ~ o w <::) C"') ~ N \.Q -0 :x ~ C"" ..0 ~ :::;1 fhl1 ". :t.D :.-~):.,J I.,~,:C) ,,0:1=1 ~;t(} ;'~m .~ ~ -< JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENlIERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5th day of November, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiffs' Interrogatories Directed to Defendant by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 BY: SCHMIDT, RONCA & KRAMER, P.C. A~~ Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 8 3: "'Cc rTlrri 2:r, t;c v -<~ kC ~C' :>2 ~ o w q - <- S! ....,- i'J ,". CQ ;;';-' ,~~~~ c<") om ?E -< I 0"\ -0 :J:: ~ N N JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENB~RRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5th day of November, 2003, 1, Shawn T. Peterson, hereby certify that 1 have this day served a true and correct copy of the foregoing Plaintiffs' First Set of Requests for Production of Documents Addressed to Defendant by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 SC~~CA" KRAMER, P,C. BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 8 s:: "UUJ I"'l1n-'. Z-r; &;~. ~c: ~() :;:;0 c z =< ~,L " <::> w z <::> <: I 0"\ -0 :x ~ N N ~ --, ~fi;J;l -.~.,Ji1 'JO :')_L "-IC) .'-'; ,"-n -Jo orn ~ -< FE.B '\ L L004 )r JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term ../ JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this I~tf:: day of U"4 , 200,:/-, a Rule is directed upon Defendant John H. Saltzer to show cause, if any, why Plaintiffs' Motion To Compel Answers to Interrogatories should not be GRANTED. Rule returnable jD days from service. By the Court, / sf " / c~ 0~ (!JL.C) , J. --- Ti ~l ~ ~')f 'P~ t -<: , ':G ~ :::: f' N '" 'l:, J t l..l .... '" <:> "' 209 State Street 717.232.6300 Harrisburg, P'9nnsylvania 17101 Fax 717.232.6467 JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW : NO. 03-2277 Civil Term /' v. JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED ""~ CJ () = "~-l MOTION TO MAKE RULE ABSOLUTE _~~ .c Mi~ ~Bt? '~~? - ';: ::~ c AND NOW, come the Plaintiffs, James Quesenberry and SarlclFa ",' ~.. . ~ " I:. "0' Quesenberry, husband and wife, by and through their attorneys, SGI?MIIiJ, :'"~. c;-; RONCA & KRAMER, P.C., and set forth as follows: -;:;, o --~ 1. On or about February 11, 2004, Plaintiffs flIed a Motion to Compel Answers To Interrogatories from Defendant John H. Saltzer. 2. On February 18,2004, this Honorable Court issued a Rule, signed by the Honorable Wesley Oler, Jr., to show cause why Plaintiffs' Motion To Compel Answers to Interrogatories should not be granted. (See a copy of the Rule to Show Cause attached at Exhibit "A"). 3. The Rule had a returnable date of twenty (20) days after service. M~ 1004 JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs o v. : CML ACTION - LAW : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW : NO. 03-2277 Civil Term ___ v. JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this iliLday of 144?JJ.., ,2004, upon consideration of the attached Plaintiffs' Motion to Compel Answers to Interrogatories, it is hereby ORDERED and DECREED that Defendant John H. Saltzer shall provide the requested Answers to Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pennsylvania Rule of Civil Procedure 4019. 2~ \ ~vM~ ,0 V' "'(\,b O~ By the Court, J. "\ r ... I.. S :0\ H~ 8 I ~l'm ~UOl ,. '\ II ,.-,', 1:""'lll"~i 'J -.,-\, \('" ,\:,;,,_ui';',-)I'.i.,UC..V j; 1 :lJ ]:)\:\:\O-03;.l:J SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, NO.: 03.2277 Civil Term v. JOHN H. SAL TZER, Defendant. CIVIL ACTION. LAW JURY TRIAL DEMANDED PRAECIPE To the Prothonotary: Please mark the above captioned matter settled, disco Date: N 1 ,:}DJ c: I Charles E. Schmidt,Jr. SCHMDT, RONCA & KRAMER,PC 209 State St. Harrisburg, Pa. 17101 o (,-;; ~)( (-,--C, " ,...> = ~., of' o ". -" I G' o -n .-l ~.-r'\ {'r1e, :j~2 ';~:~~J:;\ ':~:\ :.9- .- -'C} ....-;': ~,? - N