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Home My WebLink About03-6603CHARLES E. YOST, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION nn // NO 02 -(e(o0.3 l lUt" ?'1 V. DAVID LEWIS NOLAN, : JURY TRIAL DEMANDED Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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, 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CHARLES E. YOST, III, Plaintiff V. DAVID LEWIS NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO Q3 - L LQ3 :JURY TRIAL DEMANDED COMPLAINT AND NOW comes, Charles Yost by and through his attorneys Rominger and Bayley, and in support of his Complaint avers as follows: 1. Charles Yost, III is an adult individual residing at 502 Diehl Road, Mechancisburg, PA 17055. 2. David Nolan, Defendant is believed to be an adult individual residing at the Cumberland County Prison, Carlisle, PA. 3. On or about January 1, 2003, Plaintiff was retrieving property that was lawfully his. 4. Plaintiff was retrieving said property from 698 Old Mill Road, Carlisle, PA, Cumberland County. 5. Defendant, without privilege or justification savagely attacked Plaintiff. COUNT I. ASSAULT AND BATTERY 6. Previous paragraphs are incorporated by reference 7. Defendant struck Plaintiff with his hands and with hardened objects, including a television set. 8. Defendant also attacked Plaintiff with a claw hammer. 9. As a direct and proximate result of the assault and battery by Defendant, Plaintiff was injured. 10. Said injuries include but were not limited to bruises and contusions about the face and body, a fractured nose, and an injury to the eye, amongst other injuries. 11. Plaintiffs injuries included above resulted in the need for medical care and follow up medical care. 12. As a direct and proximate result of the actions of Defendant, Plaintiff suffered pecuniary loss, an injury to his body, a shock to his body, and injury to his mind, including pain and suffering in amounts to be determined at trial. 13. At all times the actions of the Defendant were willful and wanton and with malice. 14. Defendant was in fact convicted of aggravated assault as a result of his actions. 15. The wanton and willful nature of Defendant's actions give rise to punitive damages and this Court should award punitive damages to Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in his favor and award compensatory damage in an amount in excess of the statutory limits for arbitration, along with costs of suit and attorney fees, and punitive damages in addition to the compensatory damages. Respectfully submitted, ROMINGER & BAYLEY .. 12 -Z%_ 6j Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff CHARLES E. YOST, III, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO V. DAVID LEWIS NOLAND, :JURY TRIAL DEMANDED Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. v? _ Date: /of/?e /? // C? llfl ?/ Charles Yost, II CHARLES E. YOST, III, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO V. DAVID LEWIS NOLAN, :JURY TRIAL DEMANDED Defendant AFFIDAVIT OF SERVICE The Complaint in the above captioned action will be forwarded to the Sheriff of Cumberland County to be served on the Defendant, David Lewis Nolan at the Cumberland County Prison at 1101 Claremont Road, Carlisle, PA. Date: Z -e 11';/- 6 Karl E. Rominger, Esquire V 1 J CZ rte` l V r-? t SHERIFF'S RETURN - REGULAR CASE NO: 2003-06603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOST CHARLES E III VS NOLAN DAVID LEWIS BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NOLAN DAVID LEWIS the DEFENDANT , at 0915:00 HOURS, on the 30th day of December , 2003 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to DAVID NOLAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /,"- day of A.D. (? y2. Lt.' )-vu 9- ha , AK So Answers R. Thomas Kline 12/30/2003 ROMINGER & BAY Y By: l ? Deputy Sheriff CHARLES E. YOST, III, Plaintiff V. DAVID LEWIS NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CICIL ACTION NO.: 03-6603 CIVIL TERM JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, intends to proceed with the above captioned matter. Respectfully Submitted Rominger & Whare Date: October 10, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff CHARLES E. YOST, III, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CICIL ACTION NO.: 03-6603 CIVIL TERM DAVID LEWIS NOLAN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Statement of Intention to Proceed upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David L. Nolan 26 Upland Road Newville, PA 17241 Date: October 10, 2006 Respectfully Submitted Rominger & Whare Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff M. ? iw? ? i ? . ? - ^?1 ?? . ? , ' _ ter' .-;;` - ? _r ? 1'1 , ? {„? ._-# .? t CHARLES E. YOST, III, Plaintiff V. DAVID LEWIS NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CICIL ACTION NO.: 03-6603 CIVIL TERM JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Karl E. Rominger, Esquire of Rominger & Whare who files this Motion to Withdraw, and in support thereof, avers as follows: 1. Undersigned counsel entered his appearance on behalf of the Plaintiff on December 29, 2003. 2. Plaintiff and undersigned counsel have irreconcilable differences. 3. Undersigned counsel did file a Statement of Intention to Proceed on behalf of the Plaintiff on October 10, 2006, to preserve the rights of the Plaintiff. WHEREFORE, Attorney Karl E. Rominger, Esquire respectfully requests that he be allowed to withdraw as counsel for the Plaintiff in the above captioned case. Respectfully submitted, ROMINGER & WHARE Date: November 9, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff CHARLES E. YOST, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CICIL ACTION NO.: 03-6603 CIVIL TERM DAVID LEWIS NOLAN, Defendant JURY TRIAL DEMANDED VERIFICATION Karl E. Rominger, Esquire, states that she is the attorney for Plaintiff in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: November 9, 2006 Karl E. Rominger, Esquire Attorney for Plaintiff CHARLES E. YOST, III, Plaintiff V. DAVID LEWIS NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CICIL ACTION NO.: 03-6603 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David L. Nolan 26 Upland Road Newville, PA 17241 Charles E. Yost III 126 Martel Circle Dillsburg, PA 17019 Date: November 9, 2006 Respectfully submitted, ROMINGER & WHARF Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff r-? •^ i ^ c s CHARLES E. YOST, III, PLAINTIFF V. DAVID LEWIS NOLAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6603 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 161h day of November, 2006, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. The Petitioner shall provide service of this Order of Court to all parties. 5. All matters in this case are stayed pending resolution of this matter. By the Court, 1?o, V M. L. Ebert, Jr., J. Karl E. Rominger, Esquire Petitioner Charles E. Yost, III Plaintiff David Lewis Nolan Defendant / ]HS bas i i SON Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 - Fax (717) 240-6573