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HomeMy WebLinkAbout04-0275Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234--4161 Attorney for Plaintiff LYNN R. ENGEL DAVIS, 6615 Wertzville Road Enola, PA 17025 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JUSTIN J. WOLF 313 Walnut Street Steelton, PA 17113 and FREYSINGER PONTIAC, GMC, BUICK, INC. 6251 Carlisle Pike Mechanicsburg, PA 17050 Defendants 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 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 judggnent 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. CUM]3ERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene 20 dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SER¥1CIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OF1CINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVEKIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Benjarum D. gaidreozzi. Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPblAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344 16 ~ LYNN R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC. Defendants Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW :No. Oq - COMPLAINT AND NOW, comes the Plaintiff, Lynn R. Engel Davis, by and through her counsel, Goldberg, Katzman and Shipman, P.C., who flies the following Complaint averring: 1. PlaintiffLynn R. Engel Davis is an adult individual residing at 6615 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant Justin J. Wolf(hereinafter "Defendant Wolf') is an adult individual who to all belief and knowledge resides at 313 Walnut Street, Steelton, Dauphin County, Pennsylvania 17113. 3. Defendant Freysinger Pontiac, GMC, Buick, Inc. (hereinafter "Defendant Freysinger") is a Pennsylvania Corporation with a place of business located at 6251 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On or about April 28, 2003 at approximately 4:00 p.m. Plaintiffwas operating her vehicle southbound on Lambs Gap Road in Hampden Township, Cumberland County, Pennsylvania. 5. At or about this time, Defendant Wolf was operating a vehicle owned by Defendant Freysinger northbound on Lambs Gap Road in Hampden Township, Cumberland County, Pennsylvania. 6. Defendant Wolf allowed the vehicle he was operating to cross the center lines separating northbound and southbound traffic. 7. ARer the vehicle driven by Defendant Wolf crossed the center lines it impacted Plaintiff's vehicle. Defendant Wolf was negligent in a. failing to properly keep his vehicle in the designated lane of travel; b. failing to observe oncoming traffic; 2 traveling at an excessive rate of speed; and otherwise operating the vehicle in a negligent matter. 9. Defendant Freysinger negligently entrusted the vehicle to Defendant Wol£ 10. The aforesaid negligent actions of Defendants were the sole and proximate cause of damages suffered by Plaintiff 1 I. Plaintiff suffered property damage in the amount of $6,434.13. WHEREFORE, PlaintiffLynn R. Engle Davis respectfully requests that this Honorable Court enter judgment in its favor in the amount of $6,434.13. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: DATE: 105117.1 Benjamin D..~fdreozz'~ Esquire P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff SHERIFF'S RETURN CASE NO: 2004-00275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS LYNN R ENGEL VS WOLF JUSTIN J ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, WOLF JUSTIN J but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 3rd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 26.75 .00 63.75 02/03/2004 GOLDBERG KATZMAN SHIPMAN Sworn and subscribed to before me this ~ day of ~ / -~0 9' A.D. The Court of Common Plleas of Cumberland Conap, Pennsylvania Lynn R. Engel Davis VS. Justin J. Wolf et al 04-275 civil SERVE: Justin J. Wolf No. ]~OW, January 23, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this Now~ within upon at by handing to a and made known to Affidavit of Service ,20 .,at o'clock copy of the orig-inal So answers, M. served the the contents thereof. Swoim and subscribed before me this __ day of ,20__ Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN CASE NO: 2004-00275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS LYNN R ENGEL VS WOLF JUSTIN J ET AL - REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon FREYSINGER PONTIAC GMC BUICK INC DEFENDANT , at 1005:00 HOURS, at 6251 CARLISLE PIKE MECHANICSBURG, PA 17050 NANCY METZEL, OFFICE NLANAGER~ a true and attested copy of COMPLAINT & NOTICE the on the 26th day of January by handing ADULT IN CHARGE to together with law, 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 23.59 Sworn and Subscribed to before me this ~-~ day of So Answers: R. Thomas Kline 02/03/2004 GOLDBERG KATZ~I PMAN ~ Deputy Sheriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. R'mehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : ENGEL DAVIS LYNN R : WOLF ~UJSTIN J Sheriff's Return No. 0283-T - -2004 OTHER COUNTY NO. 04 275 AND NOW:January 29, 2004 COMPLAINT WOLF JUSTIN J to KATHRYN COLLIER (MOTHER) of the original at 10:56AMserued the within upon by personally handing 1 true attested copy(les) COMPLAINT and making know~ to him/her the contents thereof at 313 WALNUT STREET STEELTON, PA 17113-0000 Sworn and subscribed to 2004 PROTHONDTARY So Answers, Sheriff of ~,. Sheriff's Costs: $26;75 PD 01/28/2004 RCPT NO 187253 E TORO THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 LYNN R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants Attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CiVIL ACTION - LAW : : NO. 04-275 : JURY TRIAL DEMANDED PRAEC1PE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant Freysinger Pontiac, GMC, Buick, Inc. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Hanisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 CERTIFICATE OF SERVICE AND NOW, this 19th day of February, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Freysinger Pontiac, GMC, Buick, Inc., hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Justin J. Wolf 313 Walnut Street Steelton, PA 17113 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC~ GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TR1AL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Justin J. Wolf. The Defendant, Justin J. Wolf, reserves the right to otherwise plead in this matter. Date: February 23, 2004 Respectfully submitted, /~ LA~FFICES OF JIC~S& ASSOCIATES BY~XXl~on~. Dor~/~r,//~ Attorney for Defendant, Justin J. Wolf Court I.D.39126 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attomey for the Defendant, Justin J. Wolf herein, and that he caused a tree and correct copy of the attached .Entry of Appearance to be served by regular first class mail upon: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Plaintiff) Date: February 23, 2004 Freysinger Pontiac, GMC, Buick, Inc. 6251 Carlisle Pike Mechanicsburg, PA 17050 (Co-Defendant) d R Dorer, Esquire Attorney for Defendant, Justin J. Wolf THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 Attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. LYNN R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW NO. 04-275 JURY TRIAL DEMANDED NOTICE TO: Lynn R. Engel Davis c/o Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Justin J. Wolf c/o Donald R. Dorer, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 twenty DATED: YOU ARE HEREBY notified to plead to the enclosed New Matter and Crossclaim within (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 LYNN R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants Attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 04-275 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT FREYSINGER PONTIAC~ GMC~ BUICK~ INC. 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth o£ the allegations. 2. Admitted with clarification. It is believed, and therefore averred, that the correct spelling o£the Defendant's last name is "Wolfe". 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 5. Admitted on information and belief. 6. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to £orm a belief as to the truth of the allegations. 7. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to Corm a belief as to the truth of the allegations. 8. Denied. The allegations are directed to a party other than the answering Defendant and, therefore, no answer is required. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant negligently entrusted the vehicle to Defendant Justin J. Wolf, and it is further specifically denied that the answering Defendant caused or contributed to causing the subject accident as the result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant caused or contributed to causing the alleged damages as the result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. WHEREFORE, Defendant Freysinger Pontiac, GMC, Buick, Inc. demands judgment in its favor and against Plaintiff Lynn R. Engle Davis. NEW MATTER 12. The answering Defendant was not negligent in its entmstment of the subject vehicle to Defendant Justin Wolfe. 13. The accident and alleged damages were due solely and proximately to the acts or omissions of Defendant Wolfe, for which acts or omissions the answering Defendant is not liable or responsible. 14. The answering Defendant is not liable to the Plaintiff on the cause of action alleged, either directly or vicariously. 15. The Plaintiffs claim may be barred or limited as the result of her own negligence in accordance with the doctrine of comparative negligence. 16. The Plaintiff may have failed to mitigate her damages. WHEREFORE, Defendant Freysinger Pontiac, GMC, Buick, Inc. demands judgment in its favor and against Plaintiff Lynn R. Engle Davis. NEW MATTER IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANT JUSTIN J. WOLFE 17. If the accident described in Plaintift's Complaint occurred as alleged therein, then Defendant Justin J. Wolfe (hereinafter "Wolfe") is solely liable to the Plaintiff. 18. In the alternative, Defendant Wolfe is jointly and/or severally liable with the answering Defendant, and/or Defendant Wolfe is liable over to the answering Defendant for contribution and/or indemnity, the existence of any liability on the part of the answering Defendant being specifically denied. 19. The answering Defendant asserts this crossclaim against Defendant Wolfe in order to preserve its right of contribution and/or indemnity. WHEREFORE, Defendant Freysinger Pontiac, GMC, Buick, Inc. demands that any .judgment entered in favor of the Plaintiff be entered solely against Defendant Justin J. Wolfe. In the alternative, Defendant Freysinger demands that in the event judgment is entered against it, any liability on its part being specifically denied, that said judgment be entered jointly and/or severally against Defendant Wolfe together with Defendant Freysinger, or that Defendant Wolfe be held liable over to Defendant Freysinger for contribution and/or indemnity. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA. 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT FREYSINGER PONTIAC, GMC, BUICK, 1NC. 279950.1 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter and Crossclaims are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unswom falsification to authorities. Millard Freysinger ~} ~ DATED: CERTIFICATE OF SERVICE AND NOW, this 1st day of March, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Freysinger Pontiac, GMC, Buick, Inc., hereby certify that I have this day served the within Answer with New Matter and Crossclaim of Defendant Freysinger Pontiac, GMC, Buick, Inc. by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, IL~TZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717') 234-4161 Attomey for Plaintiff LYNN R. ENGLE DAVIS, Plaintiff JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-275 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 20 days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in wrifingwith 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 TF, I,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 24%3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene 20 dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTADEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGARTAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, IL~TZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff LYNN 1L ENGLE DAVIS, Plaintiff V. JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : CIVIL ACTION - LAW : : NO. 04-275 AMENDED COMPLAINT AND NOW, comes the Plaintiff, Lynn R. Engle Davis, by and through her counsel, Goldberg, Katzman and Shipman, P.C., who fdes the following Complaint averring: 1. Plaintiff Lynn R. Engle Davis is an adult individual residing at 6615 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant Justin J. Wolf (hereinafter "Defendant Wolf") is an adult individual who to all belief and knowledge resides at 313 Walnut Street, Steelton, Dauphin County, Pennsylvania 17113. 3. Defendant Freysinger Pontiac, GMC, Buick, Inc. (hereinafter "Defendant Freysinger") is a Pennsylvania Corporation with a place of business located at 6251 Cadisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On or about January 28, 2003 at approximately 4:00 p.m. Plaintiff was operating her vehicle southbound on Lambs Gap Road in Hampden Township, Cumberland County, Pennsylvania. 5. At or about this time, Defendant Wolf was operating a vehicle owned by Defendant Freysinger northbound on Lambs Gap Road in Hampden Township, Cumberland County, Pennsylvania. 6. Defendant Wolf allowed the vehicle he was operating to cross the center lines separating northbound and southbound traffic. 7. After the vehicle driven by Defendant Wolf crossed the center lines it impacted Plaintiff's vehicle. 8. Defendant Wolf was negligent in a. failing to properly keep his vehicle in the designated lane of travel; b. failing to observe oncoming traffic; c. traveling at an excessive rate of speed; and d. otherwise operating the vehicle in a negligent matter. 9. Defendant Freysinger negligently entrusted the vehicle to Defendant Wolf. 10. Defendant Wolf, a business customer at Defendant Freysinger, was acting in an agency capacity while he operated the vehicle. 11. Defendant Wolf was a permissive user who was furthering Defendant Freysinger's business pursuits while operating the vehicle. 12. Plaintiff suffered property damage in the amount of $6,434.13. 13. As a result of the aforesaid property damage, Plaintiff was forced to incur additional expenses of $467.26 in the nature of vehicle rental fees. WHEREFORE, Plaintiff Lynn R. Engle Dav/s respectfully requests that this Honorable Court enter judgment in its favor in the amount of $6,901.39. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Benjamin D. Andret~zi, ~/squire Attorney I. D. No./t927/1 P. O. Box 1268 ~/ Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Date: 105117.1 I, Lyl'm R. Ea~.i Daub, hereby acknowledge ~ ! h~vc ~ad th~ foz~ojnS document and iha~ the f~cl~ stst~l the~zin ~ m~ and con~c~ to thc b~st of my knowleclgc, information ~nd belie£ I under~tand that any false statemeats he-~a a~e rnad~ subject to penallie~ ,o£ 18 P.a.C.S. Section 4904, relating to unswom Falsifie~tion ~/~'d 9S6'0W S~69 ~S zIz J^s Isn3 D83 WdZ~:E POO~'P~'EB~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: C. Kent Price, Esquire Thomas, Thomas & Haler, LLP PO Box 999 Harrisburg, PA 17108-0999 Donald tL Doter, Esquire Law Offices of Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Esquire 106900.1 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 Attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. LYNN R. ENGEL DAVIS, Plaintiff JUSTiN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, iNC., Defendants : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-275 : JURY TRIAL DEMANDED NOTICE TO: Lynn R. Engel Davis c/o Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Justin J. Wolf c/o Donald R. Dorer, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 YOU ARE HEREBY notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days of service hereof or a default judgment may be entered against you. DATED: THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 LYNN R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants Attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW NO. 04-275 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT FREYSINGER PONTIAC~ GMC~ BUICK~ INC. IN RESPONSE TO PLAINTIFF'S AMENDED COMPLAINT 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 2. Admitted with clarification. It is believed, and therefore averred, that the correct spelling of the Defendant's last name is "Wolfe". 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 5. Admitted on information and belief. 6. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 7. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 8. Denied. The allegations are directed to a party other than the answering Defendant and, therefore, no answer is required. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that the answering Defendant negligently entrusted the vehicle to Defendant Justin J. Wolf, and it is further specifically denied that the answering Defendant caused or contributed to causing the subject accident as the result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Wolfe was acting in an agency capacity at any time relevant to Plaintiff's cause of action. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 11. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Wolfe was furthering the answering Defendant's business pursuits while operating the vehicle at any time relevant to Plaintiff's cause of action. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 12. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 13. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. WHEREFORE, Defendant Freysinger Pontiac, GMC, Buick, Inc. demands judgment in its favor and against Plaintiff Lynn R. Engle Davis. NEW MATTER 12. The answering Defendant was not negligent in its entrustment of the subject vehicle to Defendant Justin Wolfe. 13. The accident and alleged damages were due solely mad proximately to the acts or omissions of Defendant Wolfe, for which acts or omissions the answering Defendant is not liable or responsible. 14. The answering Defendant is not liable to the Plaintiff on the cause of action alleged, either directly or vicariously. 15. The Plaintiff's claim may be barred or limited as the result of her own negligence in accordance with the doctrine of comparative negligence. 16. The Plaintiff may have failed to mitigate her damages. WHEREFORE, Defendant Freysinger Pontiac, GMC, Buick, Inc. demands judgment in its favor and against Plaintiff Lynn R. Engle Davis. NEW MATTER IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANT JUSTIN J. WOLFE 17. If the accident described in Plaintiffs Complaint occurred as alleged therein, then Defendant Justin J. Wolfe (hereinafter "Wolfe") is solely liable to the Plaintiff. 18. In the alternative, Defendant Wolfe is jointly and/or severally liable with the answering Defendant, and/or Defendant Wolfe is liable over to the answering Defendant for contribution and/or indemnity, the existence of any liability on the part of the answering Defendant being specifically denied. 19. The answering Defendant asserts this crossclaim against Defendant Wolfe in order to preserve its right of contribution and/or indemnity. WHEREFORE, Defendant Freysinger Pontiac, GMC, Buick, Inc. demands that any judgment entered in favor of the Plaintiff be entered solely against Defendant Justin J. Wolfe. In the alternative, Defendant Freysinger demands that in the event judgment is entered against it, any liability on its part being specifically denied, that said judgment be entered jointly and/or severally against Defendant Wolfe together with Defendant Freysinger, or that Defendant Wolfe be held liable over to Defendant Freysinger for contribution and/or indemnity. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA. 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT FREYSINGER PONTIAC, GMC, BUICK, 1NC. 279950.2 VERIFICATION I, C. Kent Price, state that I am attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. that I make this Verification on behalf of Defendant Freysinger Pontiac, GMC, Buick, Inc. and that I am familiar with the facts and allegations set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my knowledge, information and belief. This verification and statement is made pursuant to 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE: C. Kent Price, Esquire CERTIFICATE OF SERVICE AND NOW, this 5th day of March, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Freysinger Pontiac, GMC, Buick, Inc., hereby certify that I have this day served the within Answer with New Matter and Crossclaim of Defendant Freysinger Pontiac, GMC, Buick, Inc. in Response to Plaintiffs Amended Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Itill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TRIAI, DEMANDED REPLY OF DEFENDANT, JUSTIN J. WOLF, TO NEW MiATrER IN THE NATURE OF A CROSSCLAIM OF DEFENDANT, FREYSINGER PONTIAC, GMC, BUICK, INC. 17..-19. Denied. These paragraphs set forth conclusions of law as to which no response is required from Defendant, Justin J. Wolf. Should any allegations therein be deemed factual in nature, said allegations are generally denied pursuant to Pa.R.C..P. 1029(e). Respeclt ~llv submiff~]:l, BYrD~n tl'f'ff-l~. Dorer, Esquire Attorney for Defendant, Justin J. Wolf Identification No. 39126 Date: March 29, 2004 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-27:$ CIVIL TERM CIVIL ACTION - LAW JURY TRIAl, DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that tie is the attorney for the Defendant, Justin J. Wolf in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements thereha are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn f~l)~e~ti~n tc~anthorjties. . DORER, ESQUIRE Attorney tbr Defendant, Justin J. Wolf Dated: March 29, 2004 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Justin J. Wolf herein, and that he caused a tree and correct copy of the attached Reply of Defendant, Justin J. Wolf, to New Matter in the Nature of a Crossclaim of]Defendant, Freysinger Pontiac, GMC, Buick, Inc. to be served by regular first class mail upon: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attomey for Plaintiff) Date: March 29, 2004 Kent C. Price, Esquire Thomas, Thomas & Haler, LLP 305 North Front Street Harrisburg, PA 17101 (Attorney for Defend~t Freysinger P~onthac,_GMC, Bui~,~Inc.) Donald R. Attomey for Defendant, Justin J. Wolf 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC~ GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF AND DEFENDANT, FREYS1NGER PONTL~_C, GMC, BUICK, INC.: You are hereby notified to plead to the enclosed Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) of Defendant, Justin J. Wolf, to Plaintiff's Amended Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Date: March 29, 2004 Respectfully submitted, LAW ,0¢~S C~ JA~OBS/~ ASSOCIATES Donald R. Do:mr, Esquire Identification No. 39126 Attorney for Defendant, Justin J. Wolf 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TRIAl, DEMANDED ANSWER WITH NEW IVIATTER AND N~:W MATTER PURSUANT TO PA.R.C.P. 2252(9) OF DEFENDANT, JUSTIN J. WOLF, TO PLA/NTIFF'S AMENDED COMPLAINT 1. Admitted. 2. Admitted. 3. Paragraph 3 pertains to Defendant, Freysinger Pontiac, GMC, Buick, Inc., as to which no response is required fi.om Defendant, Justin J. Wolf. 4. Admitted. 5. - 13. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). NEW MATTER 14. Paragraph 14 is an incorporation by reference paragraph as to which no response is required from Defendant, Justin J. Wolf. 15. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant, Justin J. Wolf respectfully prays this Honorable Court to dismiss Plaintiff's Amended Complaint, and to enter judgment against the Plaintiff and in favor of Defendant, Justin J. Wolf. NEW MATTER PURSUANT TO PA.R.C.P. 2252(D) AGAINST DEFENDANT, FREYSINGER PONTIAC, GMC, BUICK, INC. 16. Defendant, Justin J. Wolf, incorporates herein by reference as though fully set forth at length the allegations of Plaintiff's Amended Complaint, without admitting or denying sanle. 17. If Plaintiff did sustain the damages as alleged, which allegations are specifically denied, then said damages were caused, not as a result of any negligence, carelessness or recklessness of Defendant, Justin J. Wolf, but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Defendant, Freysinger Pontiac, GMC, Buick, Inc. 18. Defendant, Freysinger Pontiac, GMC, Buick, Inc. should therefore be held solely liable to the Plaintiff and/or jointly and severely liable to the Plaintiff, and/or liable over to Defendant, Justin J. Wolf on any judgment that may be entered in favor of Plaintiff and against Defendants. WHEREFORE, Defendant, Justin J. Wolf respectfully prays this Honorable Court to dismiss Plaintiff's Amended Complaint, and to enter judgment against the Plaintiff and in favor of Defendant, Justin J. Wolf. Respectfully submitted, L SOCIATES By:" ~,~x~ ~ _. Donald R. Doter, Esquire Attorney for Defendant, Justin J. Wolf Identification No. 39126 Date: March 29 2004 04HB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Justin J. Wolf in this action, and is authorized to w~rify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn (~/s~/~e~tio~to au~orities. DONALD R. DOPER, ESQUIRE Attorney for Defendant, Justin J. Wolf Dated: March 29, 2004 IMHB-00023 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Justin J. Wolf LYNN R. ENGEL DAVIS, PLAINTIFF VS. JUSTIN J. WOLF AND FREYSINGER PONTIAC, GMC, BUICK, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL TERM CIVIL ACTI[ON - LAW JURY TRIAL DEMANDED CERIIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Justin J. Wolf herein, and that he caused a tree and correct copy of the: attached Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) of Defendant, Justin J. Wolf~ to Plaintiff':; Amended Complaint to be served by regular first class mall upon: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attomey for Plaintiff) Date: March 29, 2004 Kent C. Pr/ce, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 (Attorney fbr Defendant Freysinger Pontiac, GMC, Buick, In~ I~l~ ~a~dX'R. Dorer, Esquire Attorney for Defendant, Justin J. Wolf THOMAS, THOMAS & HAFER, LLP 305 Norlh Front Street P.O. Box 999 Harrisburg, PA 17108 LYNNE R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLFE and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants C. Kent Price, Esquire Attorney I.D. 06776 717-255-7632 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waiw,'s the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated January 9, 2004, and executed by Plaintiff's counsel, Benamin Andreozzi, Esquire, and Co-Defendant's counsel, Donald Dorer, Esquire, and indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: THOMAS, THOMAS & HAFER, LLP C. Kent Prtce, Esquire I.D. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg:, PA 17108 (717) 237-7132 286718.1 THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 March 25, 2004 Rick L. Stains, Jr., Paralegal (717) 441-7056 rstains~tthlaw, com Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Cmnp Hill, PA 17011 Davis v. Freysinger, et al. Docket No.: 04-275 (Cumberland County) Our File No.: 347.40218 Dear Attorney Dorer: Enclosed please find a Notice of Intent to Serve Subpoenas. pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP Rick Stains. Jr...~alegal Enclosures 285047.1 cc: Benjamin D. Andreozzi, Esquire I, "~)~Nh't-~ ';(-'' I")~-"~,Esquire,c°unself°rC°-DefendantJustin Wolfe, haveno the serving of the subpoenas identified in the attached Notice of Intent and hereby waive ovjec_.onhi ti to ~ ~ 7 ct al., sh,a, ll p ~de me with copies the 20-day._~./-~7~ / ''n°tice period. Counsel for Co-Defendant, Freysi l:i ~/' ~ of all records t~ey ~btain pursuant to this subpoena. Date: .~ 0 '~ , Esquire Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 Phone: (610) 868-1675 Fax: (610) 868-1702 ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Rick L. Stains, dr., Paralegal (717) 441-7056 rstains~tthlaw, com March 25, 2004 Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Davis v. Freysinger, et al. Docket No.: 04-275 (Cumberland County) Our File No.: 347.40218 Dear Attorney Doter: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.2 l. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter ~Io me at your earliest convenience. Thank you for your attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP ¸By' Enclosures 285047.1 cc: Benjamin D. Andreozzi, Esquire Rick Stares, Jr., Paraleg.~/ I, '~l ~. ~ '~'~!,1/~?~t , Esquire, counsel for Co-Defendant Justin Wolfe, have no objection to thd's0erving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Co-Defendant, Freysinger, et al., shall provide me with copies of all records they obtain pursuant to this subpoena. ..~.3 / ,. Date: ~/ ~¢/0['1 _~_.;_,~. ,Esquire Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017" Pro ) 868-1675 * Fax: (610) 868-1702 LYNNE R. ENGEL DAVIS, Plaintiff V. JUSTIN J. WOLFE and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants IN THE COURT OF COIvlMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-275 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant, Freysinger Pontiac, GMC, Buick, Inc., intends to serve a subpoena identical to the one that is attached to tiffs notice. You have twenty (20) da~ys t~om the date listed below in which to file of record and serve upon the undersized an objection to the subpoena. If no objection is made, the subpoena may be served. Date: TItOMAS~.TltOMAS & ItAFER, LLP C. Kent Price, Esquire Identification Number: 06676 305 North Front Street P.O. Box !}99 Harrisburg, Pa 17108-0999 (717) 255-.7632 Attorney fbr Defendant 285045.1 LYNNE R. ENGEL DAVIS, Plaintiff V. JUSTIN J. WOLFE and FREYSINGER PONTIAC, GMC, BUICK, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-275 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS, OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Pennsylvania Department of Transportation, Driver Record Services, P.O. Box 68695, Harrisburg, PA 17106. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete and certified copy of the Driver History Record of Justin J. Wolfe, Driver License Number: 25 737 358. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legib[e copies of the decoments or produce things requested by this subpcena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght to seek, in advance, the reasonable cost of preparing the copies or producing the things sought, If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front. Street, P~. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID NO: 06776 A~ORNEY FOR: Defendant Seal of the Cou Prothonotary/Clerk, Civil Division Depu~ 285035.1 I, Rick Stains, Ir., Paralegai for the law firm Thomas, Thomas, Thomas & Haler, LLP, hereby certify that I have served a tree and correct copy of the foregoh~g document on the following persons by placing a copy of the same in the Un/ted States mail, first class mail, directed to the/r office addresses as follows: Donald R. Doter, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: ~/~ .~-/ff2f THOM3d~, THOMAS & HAFER, LLP Kick Stains, Jr., Par~gg~tl 285045.1 I, Rick Stains, Jr., a P aralegal for t he 1 aw firm Thomas, Thomas & H afer, LLP, hereby certify that I have served a tree and correct copy of the foregoing docmn~nt on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Benjamin D. Andreozzi, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Date: THOMAS, THOMAS & HAl?ER, LLP By: Rick Stains, Jr. J Paralegal ..../ 286718.1 Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, p C 320 Market Street ' ' P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 LYNN R. ENGLE DAVIS, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Plaintiff V. JUSTIN j. WOLF and FREYSINGER PONTIAC, GMC, BUICK, INC. Defendants CUMBERI~kND COUNTY, PA CIVIL ACTION _ LAW NO. 04-275 -PLAINTIFF'S REPLY TO NEW MATTI~;RR OF DEFENDANT 14. 15. is required. No response is required to this incorporation paragraph. Denied. This paragraph includes conclusions of law to which no response Date: April 6, 2004 108454.1 GOLDBERG, I<LATZMAN & SHIPMAN, p.C. By: ~3e ' / .' ', -squire Attomey,g. D. No, 89271 v. o. 126 // Harrisbu ,3~ 1 '7108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ~ERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: C. Kent Price, Esquire Thomas, Thomas & Haler, LLP PO Box 999 Harrisburg, PA 17108-0999 Donald R. Doter, Esquire Law Offices of Jacobs & Associates 2 ~ 14 Senate Avenue, Suite 511)3 Camp Hill, PA 1 711111 Date: April 6, 2004 GOLDBERG, KATZMAN & SHIPMAN, P.C. By:_ Esquire THOMAS, THOMAS & HAFER, C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255~7632 LLP Attorney for Defendant Freysinger Pontiac, GMC, Buick, Inc. LYNN R. ENGEL DAVIS, Plaintiff JUSTIN J. WOLF and FREY SINGER PONTIAC, OMC, BUICK, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-275 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above-captioned matter as settled and discontinued with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Be~j amin ~f. Andr~ozzi, Esquire 320 marif,6t Sti'eeJ/ P.O. Bo~ 1268/ Harrisbtir4a~ 17108-1268