HomeMy WebLinkAbout99-05291
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown, No. CN-Sa 9/
Plaintiff
V.
Shane A. Swartz,
Defendant
NOTICE TO DEFEND
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
Tele: (717) 249-3166
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A V ISO
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas signuientes, usted tiene viente (20) dias de plaza 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 objeciones a
las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medias y puede entrar una Orden 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 OFICBVA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Tele: (717) 249-3166
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown, No. 9 q. 5'.2 9 / ew< P 7-t.
Plaintiff
V.
Shane A. Swartz,
Defendant
COMPLAINT
Plaintiff is Steven M. Brown, an adult individual residing at 42 Green Ridge
Lane, Powell, Ohio 43065.
2. Defendant is Shane A. Swartz, an adult individual with a last known residence of
149 A Street, Carlisle, Pennsylvania 17013.
3. On August 24, 1997, Plaintiff was the owner and operator of a 1986 Chevrolet
Corvette bearing license number (Ohio) AGG 4394.
4. On that same date, Defendant was the owner and operator of a 1987 Pontiac
Grand AM bearing license number (Pennsylvania) AYK 5647.
5. On that date, Defendant's vehicle was uninsured.
6. At the same time and date, Defendant Swartz was proceeding northbound in the
northbound lane of travel on SR 74, and suddenly and without warning, Defendant crossed over
the center lane of travel causing the left front corner of his vehicle to strike the left tire area of
Plaintiffs vehicle.
7. As a result of the aforementioned impact, Plaintiff's vehicle was caused to spin
around coming to rest facing northbound in the southbound lane of SR 74.
8. Defendant was negligent in that he:
a. Failed to properly operate and control his motor vehicle;
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b. Failed to keep alert and maintain a proper lookout for the presence of
other motor vehicles on the streets and highways;
C. Failed to keep his vehicle under control so as to avoid crossing the center
line and entering the oncoming lane of travel;
d. Failed to stop before striking the left side front tire area of Plaintiffs
vehicle;
e. Operated his vehicle too fast for the conditions then and there existing in
violation of 75 Pa. C.S. §3361;
f. Drove his vehicle while under the influence of intoxicating beverages
and/or controlled substances in violation of 75 Pa. C.S. §3731; and
g. Operated his vehicle in willful and wanton disregard for the safety of other
persons, and the Plaintiff in particular, in violation of 75 Pa. C.S. §3736.
9. Plaintiffs vehicle incurred damages in the amount of $11,868.03.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
the amount of $11,868.03 plus costs of suit against Defendant.
Respectfully submitted,
STETLER &
Dated:
Gloriana oreika Maegner, Est
Attorney J.D. No. 55793
138 East .Market Street
P.O. Box 2588
York, PA 17405-2588
Telephone No. (717) 854-9506
Attorney for Plaintiff
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VERIFICATION
1, GLORIANA NOREIKA MAENNER, Esquire, state that I am the attorney for Plaintiff,
Steven Brown; that this Verification is signed by me as its attorney because my client is outside
the jurisdiction of the court and his verification cannot be obtained; that the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief;
my knowledge is predicated upon information received in this matter; I understand false
statements herein are made subject to the penalties of 19 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Date:
5
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-05291 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN STEVEN M
VS.
SWARTZ SHANE A
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: SWARTZ SHANE A
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT
NOT FOUND , as to the within named defendant
SWARTZ SHANE A
DEFT. NO LONGER RESIDES AT ADDRES STATED, NO FWDG
ADDRESS LEFT WITH POST OFFICE, PAPER EXPIRED
Sheriff's Costs: So answe
Docketing 18.00
Service 3.10 /
Not Found Return 5.00
Surcharge 8.00 mas ine;
$3-4-=. ST MTLER99&9GRIBBIN
09/1
Sworn and subscribed to before me
thiso a day of
19 15/9 A.D.
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown, No. 99-5291 Civil Term
Plaintiff
V.
Shane A. Swartz,
Defendant
PRA ECIPE TO REINSTATE COMPLAINT
1!.
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-captioned action.
Respectfully submitted,
STETLER & GRIBBI
Dated: 912`'4 Iclel
BY: iJ 1 L " rCL w 11
GI ria a Noreika Mae uer, Esquire
Su re a Court No. 55793
13 st Market Street
PO Box 2588
York, PA 17405-2588
(717) 854-9506
Attorneys for Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05291 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN STEVEN M
VS.
SWARTZ SHANE A
RICHARD SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within REINSTATED COMPLAINT was served
upon SWARTZ SHANE A the
defendant, at 15:09 HOURS, on the 18th day of October
1999 at POE: EXPERT TIRE 200 SOUTH HANOVER ST
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to SHANE SWARTZ
a true and attested copy of the REINSTATED COMPLAINT
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00 So answer
3.10
.00
8.00 R^! s i?f
$Z9-S0-ST$TLER &
10/19/199
by
Sworn and subscribed to before me
this ?y day of C&ta,
19? A.D.
ro onota?'
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown, No. 995291 Civil Term
Plaintiff
V.
Shane A. Swartz,
Defendant
PRAECIPE FOR DEFAULT.IIIDGMENT
TO THE PROTHONOTARY:
Kindly enterjudgment in favor of Plaintiff and against Defendant, Shane A. Swartz, for failure
to answer the Complaint in the amount of $11,868.03:
Principal $ 11,868.03
TOTAL $ 11,868.03
plus interest at the legal rate from November 22, 1999 and costs of suit. A copy of the ten-day
notice is attached hereto.
Respectfully submitted,
STETLER & C44134iIN
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M.
DATE: t 12 BY: / C"t,
o reika - / cc ` / C? Et?rt e
t er, Esquire
ria N Mae
S, preme C No. 55793 our
t
138 Ea Market Street
PO Box 2588
York, PA 17405-2588
(717) 854-9506
Attorneys for Plaintiff n
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
M. Brown,
Plaintiff
V.
Shane A. Swartz,
Defendant
No. 1999-05291 P
TO Shane A. Swartz
c/o Expert Tire
200 South Hanover Street
Carlisle, PA 17013
Date of Notice November 9, 1999
IMPORTAN'r NOTICE
copy
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
'_ Liberty Avenue
Carlisle. PA 17013
Tele (717) 249-3166
Dated: 1 ! `1 1 `I `1
i
STETLER & GRIBBIN
Glortana Noreika Maenner, Esquire
Attorney I.D. No. 55793
133 East Market Street
P.O. Box 2533
York, PA 17405-2533
Telephone No. (717) 354.9506
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown,
Plaintiff No 99-5291 Civil Term
V,
Shane A. Swartz,
Defendant
CERTIFICATE OF RESIDENCE
Pa. R.C.P. 236
I hereby certify that the home address of Plaintiff is 42 Green Ridge Lane, Powell, OH
43065 and certify that the last known address of the within Defendant is 22 Center Street, Mt. Holly
Springs, PA 17065 and that his employment/place of service address is c/o Expert Tire, 200 South
Hanover Street, Carlisle, PA 17013. j
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IN THE COURT Of COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown, No. 99-5291 Civil Tenn
Plaintiff
V.
Shane A. Swartz,
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
1, Gloriana Noreika Maenner, Esquire, hereby swear and affirm that I am legal counsel for the
Plaintiff in the above captioned case and, based upon information and belief, say that the Defendant
is not in the military service of the United States of America, and that it is believed he is living at 22
Center Street, Mt. Holly Springs, PA 17065 and that his employment/place of service address is c/o
Expert Tire, 200 South Hanover Street, Carlisle, PA 17013. _?- %
Sworn and subscribed to
before me this -?day
of 1999.
NOTARY PUBLIC
My commission expires:
Donna D. Koontz Notary public
York,York County
My Commission Expires July 27, 2003
I.
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown,
Plaintiff
V.
Shane A. Swartz,
Defendant
No. 99-5291 Civil Tenn
I, David Mills, Esquire of the law firm of Stetler & Gribbin, state that judgment that was
entered against Shane A. Swartz on November 22, 1999 in the amount of $11,868.03 was entered
by default for failing to answer the Complaint that arose out of the motor vehicle accident that
occurred on August 24, 1997 and that Defendant, Shane A. Swartz, failed to satisfy the judgment
within 60 days after its entry.
And Affiant further saith not.
submitted,
Dated c. iX ..
Sworn to before me thisG
day of
NOTARY PUBLIC
My commission expires:
2001.
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York 1
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My CGmull
Supreme Court N6 37192
138 East Market Street
PO Box 2588
York, PA 17405-2588
(717) 854-9506
Attorneys for Petitioner, Allison 1. Esposito
y ? (1(?'"17 2001
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown,
Plaintiff
No. 99-5291 Civil Term
V.
Shane A. Swartz,
Defendant
AND NOW, this 0 day of October, 2001, upon the stipulation of the parties, it is hereby
ordered that Defendant, Shane A. Swartz, pay the judgment of Eleven Thousand, Eight Hundred
Sixty Eight Dollars and Three Cents ($11,868.03) plus costs in the amount of Fifty Seven Dollars
and Fifty Cents ($57.50) in installments as follows:
1. Payments will be made on a bi-weekly basis, beginning Tuesday, October 9, 2001.
2. Payments will be made payable to "Stetler & Gribbin" for the benefit of Nationwide
Insurance Enterprises, subrogee of Steven M. Brown.
3. Payments will be each in the amount of Fifty Dollars ($50.00).
4. Defendant, Shane A. Swartz, has entered into an agreement with his employer,
Travel Centers of America, to make all such payment, but it is understood that Defendant, Shane
A. Swartz, alone, has the obligation and responsibility to make all such payments.
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5. In the, event that the judgment debtor, Defendant, Shane A. Swartz, fails to pay any
installment as specified by this Order, then, upon notice of the default, the Department of Motor
Vehicles shall suspend the operating privileges of Defendant, Shane A. Swartz, until judgment is
satisfied in full.
By the Court,
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown,
Plaintiff
V.
Shane A. Swartz,
Defendant
No. 99-5291 Civil Tenn
MOTION UPON STIPULATION FOR COURT ORDER
ON INSTALLMENT PAYMENT OF JUDGMENTS
AND NOW, this 25ih day of September 2001, come the parties, who stipulate and agree to
allow Defendant, Shane A. Swartz, apply to the Court for the privilege of paying a judgment in
installments on the following bases:
1. Plaintiff, Steven M. Brown, is the subrogor to Nationwide Insurance Enterprise,
which entered judgment against Defendant, Shane Swartz, on November 22, 1999 in the amount of
Eleven Thousand, Eight Hundred Sixty Eight and Three One-Hundredths ($11,868.03) Dollars, plus
costs in the amount of Fifty-Seven and Fifty One-Hundredths ($57.50) Dollars.
2. On March 2, 2001, a Certification of Motor Vehicle Judgment was filed with the
Office of the Prothonotary, Cumberland County, Pennsylvania.
3. On September 24, 2001, the parties agreed to have Defendant, Shane Swartz, apply
to the Court of Common Pleas, Cumberland County, for the privilege of paying the judgment in
installments.
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4. In its discretion and without prejudice to any other legal remedies that the judgment
creditor may have, the Court may so order and fix the amounts and times of payment of the
installments pursuant to 75 Pa. C.S.A. § 1775.
5. The parties have agreed to fix the amount of each installment payment at the sum of
Fifty ($50.00) Dollars.
6. The parties have agreed to fix the time of each installment payment to every two
weeks, beginning Tuesday, October 9, 2001 and continuing until payment of the judgment, plus
costs, in full is made.
Defendant, Shane Swartz, will have all installment payments mailed to Stetler &
Gribbin, 138 East Market Street, PO Box 2588, York, PA 17405-2588, unless Stetler & Gribbin
were to notify Defendant, Shane Swartz, to mail payments elsewhere.
8. The Department of Motor Vehicles shall restore the operating privileges suspended
when this Court enters an Order, permitting payment of the judgment in installments and while the
payment of any installment is not in default.
9. Defendant, Shane Swartz, has not furnished proof of financial responsibility, but
owns no motor vehicle.
10. Defendant, Shane Swartz, has directed his employer, Travel Centers of America to
make all payments from his wages, paid every two weeks, for so long as Travel Centers of America
continues to employ Defendant, Shane Swartz.
11. Defendant, Shane Swartz, understands that the Department of Motor Vehicles shall
suspend his operating privileges in the event that there is a failure to pay wX installment.
12. In the event that there is a failure to pay any installment, the operating privileges of
Defendant, Shane Swartz, shall remain suspended until the judgment is satisfied in full.
2
WHEREFORE, Plaintiff, Steven M. Brown, through his subrogor, Nationwide Insurance
Enterprise, and its attorney, Steller & Gribbin, agrees that Defendant, Shane Swartz, pro se, may
respectfully apply to this Honorable Court for the privilege of paying the judgment of Eleven
Thousand, Eight Hundred Sixty Eight Dollars and Three Cents ($11,868.03) plus costs of Fifty
Seven Dollars and Fifty Cents ($57.50) in installments and to direct Travel Centers of America,
which employs Shane Swartz, to make such payments from his bi-weekly wages for as long as
Travel Centers of America continues to employ Defendant, Shane Swartz.
submitted,
Dated: an,
David Mills, Es lire
Supreme Court No. 37192
138 East Market Street
PO Box 2588
York, PA 17405-2588
(717) 854-9506
Attorneys for Plaintiff, Steven M. Brown,
Subrogor of Nationwide Insurance Enterprise
Dated: 9.?--7-0i
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By:/LLw?./. d( a
Shane A. Swartz
7 Pine Road, Apartment 204
Mt. Holly Springs, PA 17065
(717) 652-4556, ext. 227
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
Steven M. Brown,
Plaintiff
No. 99-5291 Civil Term
V.
Shane A. Swartz,
Defendant
1, David Mills, Esquire of the law firm of Stetler & Gribbin, state that judgment was
entered against Shane A. Swartz on November 22, 1999 in the amount of $11,868.03 and was
entered by default and that Shane Swartz has failed to pay installments, as specified by the
Order of Court, dated October 19, 2001, since January 5, 2002 and has been notified of his default
by letter, March 15, 2002.
And Affiant further saith not.
submitted,
R
Sworn to before me this (&' JLr
day of • 2002.
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NOTARh PUBLIC
My commission expires:
Supreme Court No. 7192
138 East Market Street
PO Box 2588
York, PA 17405-2588
(717) 854-9506
Attorneys for Plaintiff, Steven M. Brown
Notarial Seal
Shirt L. Paueek, Notary pudic
C?ty of York, York Countyty
My Commission Expires Cot, % 2005
Member. Ponnsyl,9n 41 attnn nl Noianne
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