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Home My WebLink About03-6200 IN THE COURT OF COMMON PLEAS -DAUfHIN COUNTY, PENNSYLVANIA Cu...In.6e..1/" (<;.N,), 0 -1 _ "'J.. 0 <> No. <..J Civil Action - ( y..) Law ( ) Equity rf1 f OI,}E L t- 'r f1 f2. L I!'/J~ s. fff nCT"- II R.. vG" i 771 5tJu-rH tne-fI D~""; j) J; 705S rn t!:i'f/I'f,t)T<'5 I3IAJ<6, //1. I versus .511,11e-<;, :J.. c ,;'DIII- V ~ I2.fiJb;.J . ) fA} , jo/UJtJII6JIf,v TbrR-~, }JEW ~E;e 56 Y 07 'lIP)., Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney 1:1) Sheriff 1h,~l~C71 ~ Sign';J!l!,o oJftlom<, fO' J <. /J--J- IJ 4--ll ~~ A / ~'-CvU & , r.A-P Supreme Court ID No. mrl'tf-l1eL L, f'fJi!)L-E-rTIJ 17'71 Stlu/II n1E'ltI:>1JW l:>,:!.rVf tnCehIAJr<l5. f?,ulltl, Nt, ooors 7/7-79~ -15., h Name I Address I Telephone No. .Qf P.ti.:.." 'vI frtJ) < Date: NtJVt!:t118c.e- dl'-lj ;Z C!C!.3 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS 1 HAVE~ ME~CED ANf'1N AGAINST YOU. -fJ ~...J , ., ",.'..~~ , ~ Prothon ry r~_~ Date: IIOV 24 2lIl3 ( ) Check here if reverse is issued for additional information. Prot;hon. - 55 ~ 8 0 ~ ,., ~m '-1 ~l "tfi ~ <: f--n,:!) ~ l\,) r-- ^ Yg ~ (.f) _...1 ,,~) t.\ " "='Iy' ~a ..:c ......... =r 2fJ ..t::. \ i ~ (,.") ..t::. V\ ~ l;.) M ~ C. to -< ~ ~ ~ ..:t-- Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MICHAEL L & ARLENE S PAOLETTA Court of Common Pleas Plaintiff Vs. No. 03-6200 In CivilAction-Law JAMES W BRANAGAN 2 CEDAR TERR VERNON, NJ 07462 Defendant To JAMES W BRANAGAN You are hereby notified that MICHAEL L & ARLENE P AOLETT A the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date 11/25/03 By" 'I:l"~ . Attorney: ~ ".. · I'JIi " .. Name:MICHAELL&ARLENESPAOLE'~ .,ur!.- ". " :/"."..w -, - . - ..' . ,-, jiil'I.''':''I''& .... Il~':.iII"II:':I"'J'''''I.,:,'.':..'O'I''::!I' ....~..".I..'l'.lIll...'"1I.>O!II.. ..... ., '. Address: 1771 SOUTH MEADOW DRIVE <0 __ . - . . . f'- MECHANICSBURG, PA 17055 Cl Postage $ Attorney for: Plaintiff Telephone: (717) 790-9556 Supreme Court ID No. f'- Certified Fee Cl Cl Pootmark Cl Retum Reclept Fee H.", (Endorsement Required) Cl Restricted Delivery Fee <0 (Endorsement Required) ...D , ..... Total Postage & Fees $ .; m g .:~~_~~,~.,:tAt:b_~_..L._W____B~4_f:lAi:I3:__':':::__ f'-~!!i:~/;::_____~____(f'.__Q/1.t?.-,_____re/2.4______________ C;ty. Stata. ZIP_! /. ? Y1tJ ~ /J '7 t./ /-,.:2... ;i."OI'II'i_I:II~fM't~_'"t=l~:~Alij);~'lojl['I'1>- PROOF OF SERVICE Now Comes, MICHAEL L. AND ARLENE S. PAOLETTA and certifies that we did serve a copy of the foregoing document (PRAECIPE FOR WRIT OF SUMMONS) upon the following person JAMES W. BRANAGAN, 2 CEDAR TERR. VERNON, NEW JERSEY 07462, by placing a copy in an envelope UNDER CERTIFIED MAIL RECEIPT NUMBER 7003-1680-0007-0781-5030 ON NOVERBER 25,2003 addressed TO MR. JAMES W. BRANAGAN at the above address by the U.S. Postal Service. ~!:&-It Plaintiff, Pro-se November 25, 2003 a~~ ~ lltfi ARLENE S. PAOLETTA Plaintiff, Pro-se November 25, 2003 e 0 0 c..,3 -n :z: I 0 ;;~l ;:J:\ <: N d.j'n try tJl .~~i~ ~ '"Q -.,- iJ ,"), ::c 2~ W 0 w ~ \D -<. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 03-62-00 Civil Action-Law Michael 1. & Arlene S. Paoletta 1771 S. Meadow Drive versus Mechanicsburg, Pa. 17055-8013 James W. Branagan 2 Cedar Terr. Vernon, New Jersey 07462 (plaintiff(s) & Address(es)) (Defendant(s) & Address(es)) PRAECIPE TO REISSUE WRIT To The Prothonotary Of Said Court: Pursuant to Pa. RC.P. 401(b)(1), please reissue the Writ of Summons in the above-captioned Civil Action. 1/,/;/7 dllt LY j,/ /;;:.<~?4 /froSe I . /J L1 J .. ~4-f\,.-{-, ~ ----~ /cUruut:~ Pro Se ... Michael 1. Paoletta & Arlene S. Paoletta 1771 S. Meadow Drive Mechanicsburg. Pa. 17055 717-790-9556 Name I Address / Telephone No. Pro Se Date: December 22. 2003 a ...., 0 = s~; = " ...., :".".,. C":l ..... ...,.. rq ril~ c; -nrn N :0S? N 00 ~-n -::) {J~ ->', -:> ~-o-:; rl1 .- ...,.~ --. -I L. .....:--. -;I ~..-, '-, 0 =< : MICHAEL 1. PAOLETTA and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, James W. Branagan, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: .sfL'~BARCAV AGE, ESQUIRE J.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3506 Attorneys for Defendant DATE: Jlll,(OLl .' CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I ~+l-] day of January, 2004, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Michael 1. Paoletta Arlene S. Paoletta 1771 South Meadow Drive Mechanicsburg, P A 17055 ~~kM It Iju~~ S SAN M. WILLIAMS , '. (') c~ ...., c:.':') t_~ -." '--- '., '.. (. -<.. ,- :.:t:. n -"rl ---l -:e" h'F -oP" -'y (~Cj ~~1 ~~ ::::::\ N co "'D <:':? N .r- '.c""' ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-6200 Civil Action-Law Michael 1. & Arlene S. Paoletta 1771 S. Meadow Drive versus Mechanicsburg, Pa. 17055-8013 James W. Branagan 2 Cedar Terr. Vernon, New Jersey 07462 (P/aintiff(s) &Address(es}} (Defendant(s) & Address(es}} PRAECIPE TO REISSUE WRIT To The Prothonotary Of Said Court: Pursuant to Pa. RC.P. 401(b)(I), please reissue the Writ of Summons in the above-captioned Civil Action. .! ' /J~/a {11 .. I A' .It . V '. ~ Michael 1. Paoletta & Arlene S. Paoletta / / It-v' ,,( ~ 1771 S. Meadow Drive ' .oPro Se d MechanicsburlJ. Pa. 17055 { ..iu;' t-<- f a {.~ 717-790-9556 Pro Se / Name I Address I Telephone No. Pro Se Date: January 19. 2004 D >~:;- <-\:) ~ ...., C":'":) G7;. .;:,;;" ~, u -n '- :c~" ::=:: ::;:l h~pg -on, :CJY .~~ ~,~.,; j>' .J._; N C) v:; c...:-; MICHAEL 1. PAOLETTA and ARLENE S. PAOLETTA, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CNIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days hereof or suffer judgment non pros. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE:~ ~::------------ BY: ..-5tE EN J. BARCA V AGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant -- 0 ....., 0 ~ s: ~ " ~:,' <- --1 :::C-n :c;~ Ill~.:.; .....::. . ~fJ, m '" 1..-:; c; ;j , ~) -', ., -1:-) ,;'~~ ~~ ;:,~,rn (.,) ,".\ .." ", ::2 .j:- MICHAEL 1. PAOLETTA and ARLENE S. PAOLETTA, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED RULE AND NOW, this.,7c+\Jay of .....)::JAJ. ,2004, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiffs, Michael 1. Paoletla and Arlene S. Paoletta, to file a Complaint within twenty (20) days or suffer judgment of non pros. BY THE PROTHONOTARY: SEAL a",J..:; ,7,~ ~ " C) f~ -, '" C~..:J ~ (~ -' .... ...... ~r~ n1..'J ,- ::TJ:n ..;.JCJ ~~.~~ <S :~~j ~~ u <-- ;";'.:." -",. ..,,- "" co -(1 ':'? i",' 4~- -') .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL 1. PAOLETTA AND ARLENES.PAOLETTA PLAINTIFFS NO. 03-6200 CIVIL ACTION - LAW VS. MICHAEL J. BRANAGAN AND JAMES W. BRANAGAN 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 defense 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 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. LAWYER REFERRAL SERVICES OF THE CUMBERLAND COUNTY BAR ASSOCIA nON CUMBERLAND COUNTY BAR CENTER 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defenses 0 sus objeciones alas demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y peude continuar la demanda en contra suya sin previo aviso a notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cwnpla con todas las provisiones de esta demanda. U sted puede perder dinero 0 sus propiedades 0 ostros dereches importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA T AMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGA TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIAL LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, P A. 17013 (717) 249-3166 MICHAEL 1. PAOLETTA AND ARLENE S. PAOLETTA 1771 SOUTH MEADOW DRIVE MECHANICSBURG, PA. 17055 PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-6200 MICHAEL J. BRANAGAN AND JAMES W. BRANAGAN 2 CEDAR TERRACE VERNON, NJ 07462 DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED JURY TRIAL DEMANDED COMPLAINT And now, the above-named Plaintiffs by pro se, do hereby complain of the above- named Defendants and aver as follows: (I) Plaintiffs Michael 1. Paoletta and Arlene S. Paoletta are competent and adult individuals residing at 1771 S. Meadow Drive, Mechanicsburg, Pa. 17055. (2) Defendant Michael J. Branagan is a competent adult individual residing at 2 Cedar Terrace, Vernon, NJ. 07462. (3) Defendant James W. Branagan is a competent adult individual residing at 2 Cedar Terrace, Vernon, NJ. 07462. (4) On or about December 21,2001, the Plaintiffs were the owners and Arlene S. Paoletta was the operator ofa 1994 Lincoln Town car PA Title 46838682701 and Vin No. ILNIM82WIRY676016, Pennsylvania Registration plate #EBX-7833. (5) On or about December 21,2001, the Defendant, Michael J. Branagan, was the operator of a 1990 Dodge Acclaim vehicle license number and state, LDK59K New Jersey. Said vehicle was owned by Defendant, James W. Branagan, father of Michael J. Branagan. (6) On or about December 21,2001 at approximately 5:00 p.m., the Plaintiff, Arlene S. Paoletta, was operating her 1994 Lincoln Town car northbound on State Route 83. (7) At this same time and place, Defendant, Michael J. Branagan, was operating a 1990 Dodge Acclaim immediately behind Plaintiff s vehicle on State Route 83. (8) Plaintiff stopped as required because of traffic, when struck from behind by Defendant, Michael 1. Branagan. (9) As a result of the Defendants herein collision with their vehicle, Plaintiffs sustained damages to their vehicle in the amount of $1,200.00 and personal lllJunes. (10) Defendant's negligence was a substantial factor in the damages and personal injuries suffered by the Plaintiffs. (II) In addition, Arlene S. Paoletta suffered Cervical Sprain/Strain; acute traumatic hyperextensionlhyperflexion sprain/strain injuries of the cervicothoracic soft tissues with attendant myositis; spasm of the affected paraspinal musculature, cervicalgia and cervicobrachial syndrome; acute low back pain; acute neck pain; and recurring headaches. Michael 1. Paoletta suffered cervical, thoracic and lumbar strains; cephalgia and cervicalgia; multiple cervical, mid-thoracic, upper lumbar and sacral subluxations; cervical spondylosis, most significantly at C3/4 where there was a mild bulge of the disc and endplates and uncovertebral joint osteophytes with partial effacement of the vertebral thecal sac; acute low back pain; and acute neck pain. COUNT I NEGLIGENCE Plaintiffs Arlene S. Paoletta and Michael 1. Paoletta V Defendants Michael J. Branal!an and James W. Branl!an (12) The allegation contained in paragraphs one (I) through eleven (II) above are hereby incorporated by reference as if set forth at length below. (13) The incident from which the Plaintiffs sustained property damage and personal injuries was a direct and foreseeable result of the negligence and carelessness of the Defendant, Michael J. Branagan. a. Negligently and carelessly failed to maintain a proper lookout; b. Negligently and carelessly failed to maintain his vehicle under proper and adequate control. c. Violated the Laws of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles by carelessly driving; d. Operating his vehicle at an excessive rate of speed under the circumstances; e. Negligently and carelessly failing to exercise due care under the circumstances; f. Failed to properly stop his vehicle aforesaid 1990 Dodge Acclaim as required by the Laws ofthis Commonwealth under said circumstances; and g. Was otherwise negligent under the circumstances. (14) As a direct and foreseeable result of the negligence and carelessness of the Defendant, the Plaintiffs sustained properly damage n the sum of $1,200.00 and personal injuries. (15) The incident from which the Plaintiffs sustained property damage and personal injuries was a direct and foreseeable result of the negligence and carelessness of the Defendant, James W. Branagan, in that he: a. Allowed Michael J. Branagan to drive his vehicle when he knew or should have known that he was not competent in the operation of the vehicle; b. Allowed persons to operate his vehicle who were not competent or not in a proper condition to do so; c. Failed to monitor and control the safe and careful operations of his vehicle; and d. Failed to use that degree of care and caution that the time, place and circumstances required. Wherefore, the Plaintiffs herein demand that judgment be entered in their behalf against the Defendants AND COUNT II NEGLIGENCE Plaintiffs Arlene S. Paoletta and Michael L. Paoletta V Defendants Michael J. Branal!:an and James W. Branean (16) The allegations contained in paragraphs one (I) through fifteen (15) above are hereby incorporated by reference as if set forth at length below. (17) At the time and place alleged, Michael J. Branagan was a permissive user of the automobile involved of, and owned by James W. Branagan. (18) The incident from which the Plaintiffs sustained property damage and personal injuries was a direct and foreseeable result of the negligence and carelessness of the Defendant, James W. Branagan, in that he: a. Allowed Michael J. Branagan to drive his vehicle when he knew or should have known that he was not competent or not in a proper condition to do so; b. Entrusted his car to Michael J. Branagan; c. Allowed persons to operate his vehicle who are not competent or not in a proper condition to do so; d. Failed to monitor and control the safe and careful operation of his vehicle; and e. Failed to use the degree of care and caution that the time, place and circumstances required. (19) As a direct and proximate result ofthe Defendant, James W. Branagan's, negligence and carelessness, the Plaintiffs sustained property damage in the sum of$I,200.00 and personal injuries. (20) The Defendant, James W. Branagan's, carelessness was a substantial factor in causing damages and personal injuries suffered by the Plaintiffs. WHEREFORE, the Plaintiffs, Michael 1. Paoletta and Arlene S. Paoletta, demand that judgment be entered in their favor against the defendants, Michael 1. Branagan and James W. Branagan, in an amount above twenty thousand ($20,000.00) dollars. By: ~ Michael 1. Paoletta, Pro Se ;)~/~ Arlene S. Paofetta, Pro Se 1771 South Meadow Drive Mechanicsburg, Pa. 17055 717-790-9556 DATE: :2/t/,) n Lj I / VERIFICATION I VERIFY THAT I HAVE REVIEWED THE FOREGOING DOCUMENT AND THAT I AFFIRM AND BELIEVE THAT IT IS THE TRUTH TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF BASED UPON MY PERSONAL AFFIRMATION SUBJECT TO THE PENAL TIES OF 18 Pa. C.S. S 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. fhlr.fafl/ ~ Mchael 1. Paoletta, Pro se, Defendant Febmary 5, 2004 (;d;~A j t~Li ( Arlene S. Paoletta, Pro se, Defendant PROOF OF SERVICE Now Comes, MICHAEL L. AND ARLENE S. PAOLETTA and certifies that I did serve a copy of the foregoing document (s) upon the following person(s) COUNCIL OF RECORD: PLAINTIFF, MARSHALL, DENNEHEY, WARNER, COLEMAN &GOGAN and STEVEN 1. BARCA V AGE, Attorney At Law, 4200 CRUMS MILL ROAD, SUITE B, HARRISBURG, PA. 17112, by placing a copy in an envelope with pre-paid first class postage addressed as follows and depositing same in a receptacle for pick up by the U.S. Postal Service. a~~L/1~~ ARLENE S. PAOLET P e,D ! MICHAEL L. PAOLETTA, Pro se, Defendant February ~ !o JOO Y I (') ~; l~ u. n< t~;:.1 _.,"r"n ......:..-- :;.:- (j) _c r~ ~;: ,J:':,..-. .~-U .l> c:: z: :< ~ '" = = ~ o "'T1 :T! n,:lJ :r;,hl :IJ6 o -..re.. B:B -,;:;.C) c5m ~ :JJ -< -" 1"'1 CO I m -0 :Ii: N .. 0'> IN THE COURT OF COMMON PLEAS OF CUMBERLANI> COUNTY, PENNSYLVANIA MICHAEL L. PAOLETTA AND ARLENE S. PAOLETTA PLAINTIFFS NO.03-6200 CIVIL ACTION-LAW VS. (') c- "'':: ....., C.:=l 0 = 'T1 ...- ::n: -4 ->-.. :r: IJ -< rl1f- ~rn .:- CO? 0 --JU ~J -r j"j ,'3::0 , .0 N c""5rn ::~-l .t:- :::J c, 0-<( MICHAEL J. BRANAGAN AND JAMES W. BRANAGAN DEFENDANTS TO: JAMES W. BRANAGAN :;., ( - e"' ~'::.:_ '::'~..l .< Date: May 14,2004 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 (10) 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAVVYERSREFERENCESERVlCE COURT ADMINISTRATOR - CUMBERLAND COUNTY COURTHOUSE 4™ FLOOR, ONE COURTHOUSE SQUARE CARUSLE, P A 17013 (7l7) 240- Letk) / ~/. ~(Z~ MICHAEL L PAOLETT A, PRO-SE 1771 SOUTH MEADOW DRIVE MECHANICSBURG, PA. 17055 717-7909556 0 ...., c:; C-~ 0 = < ..c- " ::"~-. -l ..,.-. ffi." -< r- :om -l-- .00 0; --0 -10 :r:::-, ::tr. 9c5 (~_. N ...~: (jrn =;! .:.::.4 .:::- ~p. ;-:.0 0' ...... " IN THE COURT OF COMMON PLEAS OF CUMBERLANI> COUNTY, PENNSYL VANIA MICHAEL L. PAOLETTA AND ARLENE S. PAOLETTA PLAINTIFFS NO.03-6200 CIVIL ACTION-LAW VS. MICHAEL J. BRANAGAN AND JAMES W. BRANAGAN DEFENDANTS TO: MICHAEL J. BRANAGAN Date: May 14,2004 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERENCE SERVICE COURT ADMOOSTRATOR- CUMBERLAND CO~URTHOUSE .,. FLOOR, ONE COURTHOUSE S ~Aj T Eo P. 17013 ~l~ ,.. /, J l~~-- MICHAE L PAOLETTA, PRO-SE 1771 SOUTH MEADOW DRIVE MECHANICSBURG, PA. 17055 717-7909556 o c: 70:::- '":., , c' ?') -, ....., = <= ~ ~: ,- -: o ., --l :I-n n,p ::gt;3 ()(~ :J~ ~:H C),) ~~::: rn Ct --4 ;rc~ :.:'<: .r. " =<G.: r:--? .r. 0' MICHAEL 1. PAOLETTA and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION- LAW NO. 03-6200 JAMES W. BRANAGAN and MICHAEL J. BRANAGAN Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendants, James Branagan and Michael Branagan, in the above captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ~.. t en J. Barcavage, Esquire J.D. No. 78867 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3506 Attorneys for the Defendants DATE: MICHAEL 1. P AOLETT A and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 2 ~fi day of May, 2004, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid. as follows: Michael 1. Paoletta Arlene S. Paoletta 1771 South Meadow Drive Mechanicsburg, P A 17055 , ~~eV~ ~"LA r--) c:;::) C..:J -=- ~ ~.. -< 1''' -'" , ';....;.c. ~ -~ . -...,.' -" o "'I' .--1 ::L-n f11- --<-.~1 '.J.....'\ ~.l:J "... C;c:) :::,-~, :-~i (.;~,~~ , , ~:"'-1 ~~ .-<;, -.. .r:- c::> MICHAEL 1. P AOLETT A and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTIO}; - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael 1. Paoletta and Arlene Paoletta, Plaintiffs 1771 South Meadow Drive Mechanicsburg, P A 17055 You are hereby notified to pleat! to the enclosed Answer with New Matter to Plaintiffs' Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY:~7~. T EN J. BARCA V AGE, ESQUIRE LD. No. 78867 4200 Crums Mill Road Harrisburg, P A 17112 (717) 651-3506 DATE: Attomey for the Defendants MICHAEL 1. P AOLETT A and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 03-6200 MICHAEL J. BRANAGAN AND JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT NOW COMES Defendants, by and through their attorney, who file this response to Plaintiffs' Complaint and answers the Complaint as follows: 1. Denied. Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 1, and therefore, the same are denied with strict proof thereofrequired at trial. 2. Admitted. 3. Admitted. 4. Denied. Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 4, and therefore, the same are denied with strict proof thereof required at trial. 5. Admitted. 6. Denied. Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 6, and therefore, the same: are denied with strict proof thereof required at trial. 7. Denied. Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 7, and therefore, the sailll~ are denied with strict proof thereof required at trial. 8. Denied. Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 8, and therefore, the sam(: are denied with strict proof thereof required at trial. 9. Denied. Paragraph 9 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendants lack knowledge sufficient to form a beliew as to the truth of the allegations contained in paragraph 9, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied. Paragraph 10 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. II. Denied. Paragraph 11 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendants lack knowledge sufficient to form a believe as to the truth ofthe allegations contained in paragraph II, and therefore, the same are denied with strict proof thereof required at trial. 2 COUNT I NEGLIGENCE Plaintiffs Arlene S. Paoletta and Michael L. Paoletta V Defendants Michael J. Branal!an and James W. Branal!an 12. Defendants hereby incorporates by reference their answers to Paragraphs 1-11 as if fully set forth herein. 13. a. - g. Denied. Paragraph 13 a. - g. is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 13, and therefore, the same are denied with strict proof thereof required at trial. 14. Denied. Paragraph 14 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendants lack knowledge sufficient to form a believe as to the tmth of the allegations contained in paragraph 14, and therefore, the same are denied with strict proof thereof required at trial. 15. a. -d. Denied. Paragraph 15 a. - d. is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. WHEREFORE, Defendants respectfully requests judgment in their favor and against the Plaintiffs together with such other costs this Honorable Court deems appropriate. AND 3 COUNT II NEGLIGENCE Plaintiffs Arlene S. Paoletta and Michael L. Paoletta V Defendants Michael J. Branal!:an and Jame:1 W. Branal!:an 16. Defendants hereby incorporates by reference their answers to Paragraphs 1-15 as if fully set forth herein. 17. Denied. Paragraph 17 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 18. a. - e. Denied. Paragraph 18 a. - e. is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 18, and therefore, the same are denied with strict proof thereof required at trial. 19. Denied. Paragraph 19 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendants lack knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 19, and therefore, the same are denied with strict proof thereof required at trial. 20. Denied. Paragraph 20 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. 4 WHEREFORE, Defendants respectfully requests judgment in their favor and against the Plaintiffs together with such other costs this Honorable Court deems appropriate. NEW MATTER 21. Defendants hereby incorporates by reference their answers to Paragraphs 1-20 as if fully set forth herein. 22. Plaintiffs' claims are barred by the applicable statute oflimitations. 23. Plaintiffs have failed to state a cause of action upon which relief can be granted. 24. Plaintiffs' claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. No act or omission on the part of Defendants was a substantial or contributing factor in bringing about Plaintiffs' alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 26. Any and all injuries and or damages as described by Plaintiffs in their Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiffs and/or others over whom Defendants had no control nor right of control. 27. Plaintiffs' claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 28. Plaintiffs' claims are derivative in nature and are barred as a matter of law. 29. Defendants breached no duty of care owed to Plaintiffs under the circumstances. 30. Plaintiffs' claims are barred and/or limited by the P(:nnsylvania Comparative Negligence Act. 5 32. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 33. At all times material hereto, Defendants acted in a safe, legal and non-negligent manner. 34. Plaintiffs' Complaint and/or claims are barred by their selection of limited tort on the applicable automobile insurance policy as set forth by 75 Pa.C.S.A. S 1705. WHEREFORE, Defendants respectfully requests judgment in their favor and against the Plaintiffs together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY'~CAVAGE'~' / J.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendants DATE: 6 .YIDUFICATlON The undersigned hereby verities that the stalements in tht: foregoing Defendant's Answer with l-\ew Matter to Plaintiff's Complaint are based upon inform"lion which has been furnished to counsel by me and jnfonnation which has been gathered by C(,unse/ in the preparation of the defense aftbis lawsuit. TIle language of the Defendant's Ans\Vel with New Matter to Plaintiff's Complaint is that of cOUllsel and not my own. r have read the Allswer With New Matter to Plaintiff's Complaint, and to the extent that it is based upon infollnatioll which I have given to counsel, it is true and correCI to the best of my knowledge. infonnation and belief. To the extent that the contents of the Defendant's Answer with New Ma rrer to Plaintiff's Complaint are !hat of COMseJ, I have relied upon my counsel in making this VCll:lication. The undersigned also ilnderstands thaI the statements therein are made subject to the p.malties of 18 Pa.C.S. Section 4904, relating to unSworn falsification to authorities. ~4.tML ~ Michael Br..nigan - DATE: S-A/DY YERJFJCA TlON The uJ:lcersigoed hereby verifieS that the statements in thl; foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are based upon infomlation which has been furnished to counsel by me and information which has been gathered by c(.unsel in the preparation of the defense ofrrus lawsuit. The language of the Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own, r have read the Answer with New Matter to Plaintiff's Complaint, and to rhe extent that it is based upon infoltnation which I have given to counsel, it is true and correct to the bes! of my knowledge, infonrl3tion and belief. To the extent that the coments of the Defendant's Answer ,",ith New Mat',er to Plaimiffs Complaint are that of counsel. I have relied upon my counsel in making tbis v~ i:llcatian. The undersigned also understands that the staTements therein are made subject to the p':Ilalties of 18 Pa.C.S. Section 4904, relating to unsworn falsi tication to authorities. DATE: ~'J.'f-()'f MICHAEL 1. P AOLETT A and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ). '1f1. day of May, 2004, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Michael 1. Paoletta Arlene S. Paoletta 1771 South Meadow Drive Mechanicsburg, PA 17055 t(\~ ~J--2J<,.. ~:ILLA o ('- ....., ~-~ ~- ::;< :'01.:, f',,' .!~- .'---, -.. o -n -< :r: ~'i] ITlr=- -n~ :,r,.;:? C-!,(:, ~( ~TJ ':~';-) -"m C~) ;- MICHAEL L. PAOLETTA, and ) ARLENE S. P AOLETT A, ) ) Plaintiffs ) ) VS. ) ) JAMES W. BRANGAN, ) ) ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 03-6200 ENTRY OF APPEARANCE Kindly enter the appearance on behalf of the plaintiffs Michael L. Paoletta and Arlene S. Paoletta in the above captioned matter. By: Respectfully Submitted, ~~_.- Don Bailey Esquire ) 4311 N. 6th Street Harrisburg, Pa 17110 (717) 221-9500 ( - CERTIFICATE OF SERVICE I, Don Bailey do hereby certifY that I served a true and correct copy of my Entry of Appearance upon the following person via FIRST CLASS MAIL/POST AGE PREPAID: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN STEPHEN 1. BARCA V AGE 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 Respecffully Submitted, ! By: D~~~ailey Esquire ~.. 4311 N. 6th Street Harrisburg, Pa 17110 (717) 221-9500 February 21, 2006 1',) c.~, --~ . . < MICHAEL 1. PAOLETTA and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. BAILEY, STRETTON & OSTROWSKI DATE: 2/1410G n I BY: / / Do aile~, Esquire 4311 N. 6t Street Harrisburg, P A 1711 0 Attorney for Plaintiffs 105 JILlABISJB\LLPGI208457\ TKCI\324\ 100322 ,... . . . MICHAEL L PAOLETTA and ARLENE S. PAOLETTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 03-6200 JAMES W. BRANAGAN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Tammy K. Copenhaver, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 14th day of February, 2006, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Don Bailey, Esquire BAILEY STRETTON & OSTROWSKI 4311 N. 6th Street Harrisburg, P A 17110 (Counsel for Plaintiffs) -fl5 _ A\LIAB\SJB\LLPG\208457\TKC\1324l \00322 it,). :!)Ph ..\.' I" i:' I ".- -/ ., ::-1 "'." ( .. ,~'