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HomeMy WebLinkAbout01-6194IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., 518 Hummel Avenue Lemoyne, Pennsylvania Plaintiff VS. JASON E. MYERS 22 Fourth Avenue Wormleysburg, Pennsylvania Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass in the above case. X .Wdt of S~mrrjgns shall be~p~i'~ed to Attorney/Sheriff. ? /.~. Anstine, q ' 2 W. Market St., P.O. Box 952 York, PA 17405 Phone: (717) 846-0606 Supreme Court ID Number 22487 Dated: October 25, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., 518 Hummel Avenue Lemoyne, Pennsylvania Plaintiff VS. JASON E. MYERS 22 Fourth Avenue Wormleysburg, Pennsylvania Defendant No. ol- 6,1qv ~ '-r".~.... JURY TRIAL DEMANDED SUMMONS IN CIVIL ACTION TO: Jason E. Myers 22 FourttFAvenue Wormleysburg, PA 17043 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Protho~o'ta~ry/Clerk, Civil Division Date: Deputy SHERIFF'S CASE NO: 2001-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJ~ND WILLIAMS ARLENE B ET AL VS MYERS JASON E RETURN - REGULAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MYERS JASON E the DEFENDANT , at 1450:00 HOURS, on the 1st day of November , 2001 at 22 FOURTH AVENUE WORMLEYSBURG, PA 17043 JASON MYERS by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~ day of ~_~,,~ ~2~3 f A.D. ~ t Prothonotary' So Answers: R. Thomas Kline 11/02/2001 DALE E ANSTINE Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. Plaintiffs JASON E. MYERS CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. Plaintiffs JASON E. MYERS NO.: CIVIL ACTION - LAW JURY TRIAL DEMANDED USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las p~ginas siguientes, debe tomar acck~n dentin de veinte (20) dias a partir de la fecha en que recibi(~ la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte pot escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci(~n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci0n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFIClNA EN LA DIRECClON ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. Plaintiffs JASON E. MYERS NO.: CIVIL ACTION - LAW JURY TRIAL DEMANDED 1. The Plaintiffs, Adene B. Williams and Robert A. Williams, Sr., wife and husband are adult individuals residing at 518 Hummel Avenue, Lemoyne, PA 17043. 2. The Defendant is an adult individual residing at 22 Fourth Avenue, Wormleysburg, PA 17043. 3. On November 1, 1999, Plaintiff Arlene B. Williams was the operator of a 1997 Mercury Sable beadng PA registration plate XGB057 which she co-owned with Plaintiff Robert A. Williams, Sr. 4. On November 1, 1999, Defendant was the owner and operator of a 1994 Ford Ranger bearing PA registration plate YS15879. 5. On November 1, 1999, at approximately 8:30 p.m., PlaintiffArlene B. Williams was operating her vehicle southbound on Erford Road approaching its intersection with State Route 11 (11 & 15) in East Pennsboro Township facing a steady green traffic signal and was intending to proceed straight through the intersection. 6. At that same time and place the Defendant was operating his vehicle eastbound on State Route 11 (11 & 15) when he failed to stop for a steady red traffic signal at its intersection with Erford Road, and entered the intersection causing a collision with Plaintiff's vehicle which resulted in injuries and damages to the Plaintiffs. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNT I ARLENE B. WILLIAMS V. JASON E. MYERS 9. The allegations contained in paragraphs 1 through 8, inclusive, are incorporated herein as fully as though set forth at length. 10. The negligence of Defendant Myers consisted of the following; a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard fore the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. [}3714; d. Failing to stop for a steady red traffic control signal in violation of 75 Pa.C.S. §3112 (a)(3)(i); e. Failing to observe the steady red traffic control signal at the intersection when the Defendant knew or should have known that he was facing a steady red traffic control signal; f. Failing to observe the presence of Plaintiffs' vehicle when the Defendant knew or should have known of the presence of Plaintiffs' vehicle; and g. Operating his vehicle too fast for the conditions then and there existing in violation of 75 Pa.C.S. {}3361. 11. As a result of the negligence of the Defendant, the Plaintiff suffered sedous and permanent injuries including but not limited to vertigo, right knee injury, headaches, right leg pain, cervical injury, dizziness, post traumatic bilateral canalithiasis, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, the cost or reasonable value of which is, or may be, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility law, and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II ROBERT A. WILLIAMS, SR. JASON MYERS 14. The allegations contained in paragraphs 1 through13, inclusive, are incorporated heroin as fully as though set forth at length. 15. Soley as a result of the negligence of the Defendant, and the resulting injuries to his spouse, the Plaintiff, Robert A. Williams, Sr., has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his groat loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTI~IE;',',',',',',',~'.C. Attorney I.D. #22487 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. Date: Arlene B. Williams Robert A. Williams, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. V. JASON E MYERS NO. 2001-06194 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE ~F RI~RVICF' AND NOW, this ~"//'/' day of March, 2001, I, Dale E. Anstir~e, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage pre- paid, addressed to the party or attorney of record as follows: TO: Jason E. Myers 22 Fourth Avenue Wormleysburg, PA 17043 Attorney ID No. 22487 Two West Market Street Post Office Box 952 York, PA 17405 ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs JASON E. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEM3%NDED PRAECIPE FOR APPE/q~ANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Jason E. Myers in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 ~07274 Dated: March 12, 2002 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ARLENE B. WILLIAMS and : ROBERT A. WILLIAMS, SR., : Plaintiffs : JASON E. MYERS, : Defendant : File No. 01-6194 Civil Term PRA_ECIPE A~ND RULE TO FILE X A COMPLAINT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on in the suffer DATE: Plaintiffs to file a Complaint above case within twenty days after service of the rule or a judgement of non pros. 3/12/2002 Signature: ~C~gz~ ~. ~ Print Name: Richard H. Wix. Esa. Attorney for: Defendant Address: 4705 Duke Street Harrisburq, PA 17109-3099 Telephone No: 717-652-8455 Supreme Court ID No.: 07274 NOW, , 19 , RULE ISSUED AS~IrE. Prothonotary - ~ ~ Deputy (NOTE: File in duplicate) PROTHON.-12 · · ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs We JASON E. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Arlene B. Williams and Robert A. Williams; and Dale E. Anstine, Esquire, Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER Richard N. Wix, Esq., I.D. Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 #07274 Dated: April 3, 2002 ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs v. JASON E. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'8 AMSWER WITH NE~MATT~ TO PL~INTIFFS' COMPL~XNT AND NOW comes the Defendant, by his attorneys, Weidner and sets forth the following Plaintiffs' Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. It is admitted that Defendant traffic signal. It is denied that the injuries and damages to the Plaintiffs. 7. Admitted. 8. Denied. 9. Defendant incorporates herein by reference his answers to paragraphs 1 through 8 of Plaintiffs, Complaint. 10. It is admitted that Defendant was negligent in failing to stop for the red traffic signal. Wix, Wenger & Answer with New Matter to failed to stop for a red accident resulted in 11. 12. 13. 14. paragraphs 1 through 13 15. Denied. Denied. Denied. Denied. Defendant incorporates herein byreference his answers to of Plaintiffs, Complaint. 16. Plaintiffs' claim is barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, WIX, WENGER & WEIDNER Dated: April 3, 2002 Richard H. Wix, Esq., ID~ 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 2 VERiFICaTION I, Jason Myers, have read the foregoing Defendant's Answer with New Matter to Plaintiffs, Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and information and belief. This verification contained therein and correct to the best of my knowledge, I am authorized to make this verification. is made only as to the factual averments not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. CERTIFiCaTE OF SERVICE AND NOW, this 3rd day of April, 2002, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiffs' Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Dale E. Anstine, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street P. O. Box 952 York, PA 17405 WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 #07274 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and su~mmitted in duplicate) TO THE PROTHONOTARY OF CUMBERIJkb~ COUNTY Please list the following case: (Check one) ( ~'')for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ARLENE B. WILLIAMS AND ROBERT A. WILLIAMS, SR., vS. JASON E. MYERS (Plaintiff) vs. (Defendant) (check one) (~/~Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called and Trials con, hence on ~ Pretrials will be held on (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shal] provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 01-6194 Civil action - law 19 Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine Indicate trial counsel for other parties if known: Richard H. Wix, Esquire ~ This case is ready for trial. Dale E. Anstine Print Name: Plaintiff Attorney for: Date: 10. Arlene B. Williams and Robert A. Williams, Sr. V Jason E. Myers · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-6194 CIVIL TERM ORDER OF COURT AND NOW, December 31, 2002, counsel having failed to call the above case for trial, the case is stricken from the February 3, 2003 trial term. Counsel is directed to relist the case when ready. Dale E. Anstine, Esquire For the Plaintiff Richard H. Wix, Esquire For the Defendant Court Administrator By the Court, cC, Id PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ( check one) ( X ) Civil Action - Law ARLENE B. WILLIAMS AND ROBERT A. WILLIAMS, SR. ( ) ( ) Appeal from Arbitration (other) vs, JASON E. MYERS VS. ( Plaintiff ) ( Defendant ) The trial list will be called on 2-11-03 and Trials con, hence onMarch 10, 2003 Pretrials wi]_l be held on Feb. 19, 2003 (Briefs are due 5 days before pretrials. ~ (The party listing this case for trial shall provide fortlhwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 01-6194_ civil Action - Law 19 Indicate the attorney who will try case for the t~rty who files this praecipe: Dale E. Anstine Indicate trial counsel for other parties if known: Richard H. Wix This case is ready for trial. Signed: Print Name: Dale E. Anstine Date: Attorney for: Plaintiff ARLENE B. WILLIAMS and : ROBERT A. WILLIAMS, SR., : Plaintiffs : : V. : : JASON E. MYERS, : Defendant : ~13 OLER IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIOiN - LAW No. 01-6194 CIVIL TERM ORDER OF COURT AND NOW, this 19th day c.f February, 2003, a pretrial conference having been scheduled for this time in the chambers of the undersigned judge, and Plaintiffs having been represented, by telephone, at the conference by Dale E. Anstine, Esquire, and Defendant having been represented by Richard H. Wix, Esquire, and Plaintiffs' counsel having indicated that he had l~[sted the case for trial improvidently, and having moved J]or a continuance of trial in the matter, and Defendant's counsel having objected for the record to the oral motion for a continuance of trial, the Plaintiffs' motion for a continuance of trial is granted, and Plaintiffs are directed through counsel to relist this case for trial at the next trial term after the March 2003 trial term. It is noted that for purposes of any delay damages, this continuance is chargeable entirely to Plaintiffs. Dale E. Anstine, Esquire For the Plaintiffs Richard H. Wix, Esquire For the Defendant Court Administrator By the Court, //t~? .~ J~-Wesley O~er ~ ,~J. wcy PRAECIPE FOR LISTING CASE }<R TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ~'~ for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ARLENE B. WILLIAMS AND ROBERT A. WILLIAMS, SR. vs. JASON E. MYERS (Plaintiff) vs. (Defendant) (check one) (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on4-1-03 and Trials cor~nence on 4-28-03 Pretrials will be held on 4-9-03 (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide fortbNith a copy of the praecipe to all counsel, ]pursuant to local Rule 214.1.) No. 01-6194 Indicate the attorney who will try case Dale E. Anstine Civil Actio__n-La~ 19 for the pc~ty who files this praecipe: Indicate trial counsel for other parties if known: Richard H. Wix This case is ready for trial. Print Name: Dale E. Anstine Attorney for: Plaintiff o Arlene B. Williams and Robert A. Williams, Sr. V Jason E. Myers · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-6194 CIVIL TERM ORDER OF COURT AND NOW, April 1, 2003, counsel having failed to ,:all the above case for trial, the case is stricken from the April 28, 2003 trial term. Counsel is directed to relist the case when ready. Dale E. Anstine, Esquire For the Plaintiff Richard H. Wix, Esquire For the Defendant Court Administrator By the Court, ld PRAECIPE FOR LISTING CASE FOil TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBE~ COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR. ( check one ) (X) Civil Action - Law ( ) Appeal Sro~n Arbitration ( ) (other) JASON E. vs. MYERS vs. ( Plaintiff ) ( Defendant ) The trial list will be c~lled on 6-10-03 and ~ Trials conmence on 7- ~ / 03 Pretrials wilL1 be held mn 6-18- 03 (Briefs are due 5 days ~fore pretrials. ) (The party listing this icase for trial shall provide fort].~with a cop~ of the praecipe to all counsel, pursuant tO local Rule 214.1. ) No. 01-6194 CivilAc. tion-Law ; 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esquire Indicate trial counsel for other parties if known-. Dale E. Anstine, Esquire This case is ready for trial. Date: 4/7/03 Print Name: Richar~ H. Wix, Attorney for: De f~ndant Esq. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR. JASON E. MYERS NO. 01-6194 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REMOVE To the Prothonotary: ( X ) Please mark the above captioned action _SETTLED AND SATISFIEr) OR ) Please mark the above captioned judgment or lien settled and satisfied. ~ey for ~ Pl~in(lCfs Dale E. Anstine, Esquire Supreme Court No. 22487 3ated:~7~ CC: Richard Wix, Esquire