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Home My WebLink About04-0349HERIBERTO CRESPO Plaintiff AMANDA G. HOPKINS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CiVIL ACTION-LAW JURY TRIAL OF TWELVE 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 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: January 27, 2004 MART~~vO~F WILLIAMS & OTTO BY?~~~e Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff HERIBERTO CRESPO Plaintiff V. AMANDA G. HOPKINS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. The Plaintiff, Heriberto Crespo, is an adult individual residing at 6 Cumberland Drive, Carlisle, PA 17013. 2. The Defendant, Amanda G. Hopkins, is an adult individual residing at 4181 Elk Court, Apt. 106, Mechanicsburg, PA 17050. 3, On or about October 6, 2003, the Defendant, Amanda Hopkins, was operating a 2003 Mercury owned by Penrac, Inc., heading north on North Hanover Street in the Borough of Carlisle. 4. As the Defendant Hopkins was approaching the Enterprise Car Rental parking lot located at 800 North Hanover Street, she suddenly began a left turn into the Enterprise Car Rental parking lot. 5. After making that sudden left turn, the Defendant Hopkins realized that she could not safely complete the turn and therefore, stopped, essentially blocking the left turn lane. 6. At that time, the Plaintiff's daughter, who was operating his 1990 BMW 525, was also traveling in the northbound lane of North Hanover Street. 7. In order to avoid striking the Defendant's vehicle, Plaintiff's daughter was required to swerve to the right due to the sudden emergency with which she was confronted. 8. When she did this, Plaintiff's daughter struck a curb cut-out with her fight front tire and was caused to cross over the northbound lane of North Hanover Street, the center left mm lane and struck a vehicle proceeding southbound on North Hanover Street. 9. The collision was caused solely as a result of the negligence, recklessness and carelessness of the Defendant in that she: a) Attempted to make a left-hand turn from the right-hand lane rather than the left-hand center turn lane,; b) Suddenly stopped her vehicle while in the process of making that aforesaid illegal left-hand mm, therefore, blocking two lanes of traffic; c) Attempted to make a left-hand turn when it was not safe to do so; d) Made an illegal left-hand mm in violation of the Pennsylvania Motor Vehicle Code; and e) Failed to exercise reasonable care in the operation and control of her vehicle. 10. As a direct and proximate result of the negligence of the Defendant, Plaintiff's vehicle, which had a fair-market value of $6,100.00 plus $366.00 in sales tax, was a total loss (see total loss evaluation attached as Exhibit "A" and NADA book value for 1990 BMW 525, which is hereby attached as Exhibit "B"). I 1. As a result of the negligence, recklessness and carelessness of the Defendant, the Plaintiff incurred reasonable towing and storing charges of $662.00. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $7,128.00, plus interest, costs and delay damages. Dated: January 27, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By r e~ B~)'~~/~_~ Geo g .Faller, Jr., Esquire /' ', ID No. 49813 -- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Exhibit A Date: 11125103 05:13 PM Estimate ID: 372 Estimate Version: 0 Preliminary Profile ID: CUSTOMIZED TRI-COUNTY APPRAISAL P.O,BOX91 DALLASTOWN, pA 17313 (717) 638-66S4 Fax: (717) 939-0449 Damage Assessed By: RALPH HUGHES JR Adjuster KlM ARNDT Condition Code: Good Date In 11/21103 Contact Date 11/24/03 Deductible: Our File # 629-03-H Claimant: Address; Telephone: HERIBERTO CRESPO 6 CUMBERLAND DR CARLISLE, PA 17013 Work Phone: (7t7) 701-2859 Home Phone: Mitchell Service: 912224 Description: 1990 BMW 625 i Body Style: 4D Sad VIN: WBAHC2314LBE30746 OEMIALT: A Type of Loss; Property Damage Date of loss 1016t03 Claim Number: 0300351211CV (717) 245-0661 LOSS Drive Train: 2.5L Inj 6 Cyl 4A Search Code: B160011 LICENSE # 143035 Line Entry Labor Line item Item Number Type Operation Description Part Type I AUTO BOY OVERHAUL FAT COVER ASSY 2 201140 BOY REMOVE/REPLACE FAT BUMPER COVER Qual Recycled Part 3 AUTO REF REFINISH FAT BUMPER COVER 4 AUTO BOY CHECK/ADJUST FOG LAMPS 5 201190 BDY REMOVE/REPLACE R FRT BUMPER IMPACT STRIP Qual Recycled Part 6 201200 BDY REMOVE/REPLACE L FRT BUMPER IMPACT STRIp Qual Recycled Part 7 201430 BOY REMOVE/REPLACE FAT BUMPER REINFORCEMENT Qual Recycled Part 8 201460 BOY REMOVE/REPLACE FAT BUMPER PANEL Qual Recycled Part 0 201910 BOY REMOVE/REPlACE R FRT BUMPER IMPACT ABSORBER Qual Recycled Part 10 201520 BDY REMOVE/REPLACE L FAT BUMPER IMPACT ABSORBER Qual Recycled Part 11 201090 BOY REMOVE/REPLACE CTR GRILLE Qual Recycled Part 12 201900 BOY REMOVE/REPLACE R OTR GRILLE Qual Recycled Part 13 201910 BDY REMOVE/REPLACE L OTR GRILLE Qual Recycled Part 14 201060 BOY REMOVE/REPLACE GRILLE FRAME Qual Recycled Part 16 AUTO REF REFINISH GRILLE FRAME 16 202200 BDY REMOVE/REPLACE R H/LAMP ASSEMSLY Qnal Recycled Part 17 AUTO BOY CHECK/ADJUST HEADLAMPS 18 202210 BOY REMOVE/REPLACE L H/LAMP ASSEMBLY Qual Recycled Part 19 202890 BOY REMOVE/REPLACE R PARK/SIGNAL LAMP ASSEMBLY Qual Recycled Part 20 202900 BDY REMOVE/REPLACE L PARK/SIGNAL LAMP ASSEMBLY Qual Recycled Part 21 203790 BOY REMOVE/REPLACE HOOD PANEL Qual Recycled Part 22 AUTO REF REFINISH HOOD OUTSIDE 23 AUTO REF REFINISH HOOD UNDERSIDE 24 203810 BDY REMOVE/REPLACE HOOD HINGE Qual Recycled Part ESTIMATE RECALL NUMBER: 11/25/03 12:37:64 372 UitraMste is a Trademark of Mitchell International Mitchell Data Version: OCT_03_A Copyright (C) 1994 ~ 200t Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Dollar Labor Amount Units 2.2 # 0.00 * INC # C 2.0 0.3 0.00' INC 0.00 * INC 0.00 * INC O.00 * tNC # O.O0 * 0.0'# 0.00' 0.0' it 0.00 * INC 0.00 * INC # 0.00 * INC # 0.00 * INC # 1.0 0.00 * INC # 0.00 * INC # 0.00 * INC # 0.00' INC # 0.00 * 2.8 C 3.1 C 1.9 0,00' 0.0'# Page I of 6 26 26 27 28 29 3O 31 32 33 34 36 36 37 38 39 40 41 42 43 44 45 46 47 4~ 49 60 51 52 63 54 56 66 67 58 59 80 81 02 63 64 65 66 67 68 69 70 71 72 73 74 75 AUTO REF REFINISH 203890 BOY REMOVE/REPLACE 206400 BDY REMOVE/REPLACE 206690 BOY REMOVE/REPLACE 206340 MCH REMOVE/REPLACE 206350 MCH REMOVE/REPLACE 206380 MCH REMOVE/REPLACE 200627 BDY REMOVE/REPLACE AUTO REF REFINISH AUTO REF REFINISH 200628 BDY REMOVE/REPLACE AUTO REF REFINISH AUTO REF REFINISH AUTO BDY REMOVE/REPLACE 207960 BDY REMOVE/REPLACE 207990 BDY REMOVE/REPLACE 208130 BOY REMOVE/REPLACE AUTO REF REFINISH 208140 BDY REMOVE/REPLACE AUTO REF REFINISH 244963 MCH REMOVE/REPLACE 244969 MCH REMOVE/REPLACE 209120 MCH REMOVE/REPLACE AUTO MCH REMOVE/REPLACE 211200 MCH REMOVE/REPLACE 200680 MCH REMOVE/REPLACE 211590 MCH REMOVE/REPLACE 211720 MCH REMOVE/REPLACE 212010 MCH REMOVE/REPLACE 212160 MCH REMOVE/REPLACE 212180 MCH REMOVE/REPLACE 212340 MCH REMOVE/REPLACE 220420 GLS REMOVE/REPLACE 226120 BDY REPAIR AUTO REF REFINISH 900600 BDY * REMOVE/REPLACE 900500 BDY* REPAIR 931090 FRM* REPAIR 931010 MCH ALIGN 936000 ADD'L COST 936003 ADD'L COST 236280 BDY REPAIR AUTO REF REFINISH 244490 BDY REPAIR AUTO REF REFINISH AUTO REF ADD'L OPR 933006 FRM ADD'L OPR 933018 REF ADO'L OPR AUTO ADO'L COST AUTO ADD'L COST HINGE HOOD LATCH COOLING RADIATOR COOLING FAN BLADE EVACUATE & RECHARGE A/C -M A/C REFRIGERANT RECOVERY -M AIR COND CONDENSER R FENDER PANEL R FENDER OUTSIDE R FENDER EDGE L FENDER PANEL L FENDER OUTSIDE L FENDER EDGE RADIATOR SUPPORT COMPONENTS FRONT BODY RADIATOR SUPPORT LWR FRONT BODY CROSSMEMBER R FRONT BODY APRON ASSY -S R APRON/LOWER SIDE RAIL COMPLETE L FRONT BODY APRON ASSY *S L APRON/LOWER SIDE RAIL COMPLETE AIR BAG MODULE-DRIVER FRONT AIR BAG CLOCKSPRING -M AIR BAG CONTROL UNIT -M L FRT SUSP COMPONENTS ONE SIDE DOES NOT INCLUDE ALIGNMENT L FRT SUSP SHOCK ABSORBER -M L LWR FRT SUSP CONTROL ARM ASSY L UPR FRT SUSP TORQUE ARM -M FRT SUSP CROSSMEMBER -M FRT SUSP CROSSMEMBER -M STEERING DRAG LINK ASSY -M L STEERING ROD ASSEMBLY -M L STEERING ARM -M W/SHIELD GLASS L FRT DOOR SHELL L FRT DOOR OUTSIDE L.K.Q.PARTS & TRIM L.K.Q. UNIBODY STRUCTURE FRONT SUSPENSION FREON & OIL COOLANT LUGGAGE LID PANEL LUGGAGE LID OUTSIDE REAR BLIMPER COVER REAR BUMPER COVER CLEAR COAT FRAME/RACK SET UP MASK FOR OVERSPRAY PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL Qual Recycled Part Oual Recycled Part Qual Recycled Part Date: 11/25103 05:13 PM Estimate iD: 372 Estimate Version: 0 Pretiminary Profile ID: CUSTOMIZED 0.5 0.00' INC 0.00 * 0.7 # 0.3 0.00'2.0 0.00*3.7 # C 2.1 0.00' 3.7 # C 2.1 C 0.5 6.7 # 0.00'INC # 0.00' 0.0'# O.OO * 14.0 # 0.00 * 14.0 # 762.60 INC # 126.00 0.9 4,3 Qual Recycled Part Oual Recycled Part Qual Recycled Part -S Qual Recycled Part -S Qual Recycled Part O~al Recycled Part Qual Recycled Part .M New New New -M -M New 294.00 INC # New 109.00 INC # New 214.00 INC # Qual Recycled Part 0,00 * 0.0' # Qual Recycled Part 0,00 * O,O* # New 111.00 2.4 New 45.00 1,6 # New 116.00 2.2 Sublet 395.65 * 0.0* # Existing 2.5* C 2.1 Qual Recycled Part 2,250.00 * 0.0' Existing 3.0' Existing 6.0" Sublet 39.96' 0.0* 90.00 * 12.0Q * Existing 6.0' # C 2.4 Existing 2.0' # C 4.2' 2.0' 3.00' 0.2* 300.00 * 5.00 * * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 11/28103 12:37:04 372 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_03_A Copyright (C) 1994 - 2001 Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Page 2 of 5 Date: 11/25/03 05:13 PM Estimate ID: 372 Estimate Version: 0 Preliminary Profile ID: CUSTOMIZED ABBREVIATIONS: BKTS- BRACKETS X-MEMBER CROSSMEMBER PS- POWER STEERING L- LEFT A/C AIR CONDITIONING S- STRAIGHTEN RP - REPAIR RAD- RADIATOR SUPT- SUPPORT BDY BODY AL- ALIGN T/L TAIL LAMP REF- REFINISH ADD' L ADDITIONAL HL- HEADLAMP QTR- QUARTER W/H- WHEELHOUSE R- RIGHT RC- RECHROME LKQ- LIKE KIND & QUALITY EXT- EXTENSION MLDG-MOULDING LWR- LOWER MCH- M~CHANICAL O/H- OVERHAUL AS SY -ASSEMBLY FRT- FRONT C- CLF~AR COAT B- BE TTEP/4ENT Add'i Labor Sublet i. Labor Subtotals Units Rate Amount Amount Totals Body 62.1 38.0~- 0.00 0.00 2,369.80 T Refinish 28.2 38.00 3.00 0.00 1,074.60 T Frame 8.0 40.00 0.00 0.00 320.00 T Mechanical 16.2 42.00 0.00 39,95 720.36 T Taxable Labor 4,474.75 Labor Tax ~ 6.000 % 268,49 Labor Summary 114.5 4,743.24 II, Part Replacement Summary Taxable Parts Sales Tax ~ Total Replacement Parts Amount IlL Additional Costs Axnount Taxable Costs 467.00 Sales Tax ~ 6.000% 27.42 Total Additional Costs 484.42 fi/. Adjustments Cuato~mer Responsibility I. Total Labor: II. Total Replacement Parts: Ill. Total Additional Costs: Gross Total: iV. Total Adjustments: Net Total: This is a preliminarv estimate. Additional chan(les to the estimate may be required for the actual rel)air. ESTIMATE RECALL. NUMBER: tl/28/03 12:37:04 372 UfiraMate is a Trademark of Mitchell Ioternationat Mitchell Data Version: OCT_03_A Copyright [C) 1994 - 2001 Mitchati International UltraMste Version: 4,8.012 All Rights Reserved 6.000% Page 3 ot Amount 6,621.18 337.27 6,958,42 Amount 0.00 4,743,24 $,908A2 484.42 11,106.06 0.00 11,186.08 Exhibit B CARL[f~ .... E, PENNSYI.VAHA l/~- ' (717) 243-0130 ~ILEAGE SERVICE TIME Road Service DRIVER REGISTERED OWNER EKi'RA PERSON FINISH START START START TOTAL TOTAL REASON FOR TOW [] TOW ZONE [] LOCK O0T [] [~] SNOW REMOVAL [] START [] TYPE OF TOW TOWED PER ORDER OF [] SLING/HOIST TOW [] STATE POLICE ~] WHEEL LIFT [] OWNER E] [] DEALER STORAGEi FROM PAID ~:~ ~c.'.1 \ ~ '-: ~ ,,"< TRUCK NO AUTHORIZED SIGNATURE · DATE ~--, [ ;;, , , ;.:., VE~*,OL~ ~LEAS~O :o OA~E TOTAL SPECIAL EQUIPMENT [~ SINGLE LINE WINCHING [] DUAL LINE WINCBING [] SNATCH BLOCKS [] SCOTCH BLOCKS [] DOLLY VEHICLE TOWED TO DAYS ~ $ TOWING CHARGE MILEAGE CHARGE EXTRA PERSON EQUIPMENT LABOR CHARGE STORAGE SUB-TOTAL TAX TOTAL VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Heriberto Crespo SHERIFF'S RETURN - REGULAR CASE NO: 2004-00349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESPO HERIBERTO VS HOPKINS ~zJkNDA G CPL TIMOTHY REITZ , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 9th day of APT 106 by handing to the February , true and attested copy of COMPLAINT & NOTICE together with says, the within COMPLAINT & NOTICE HOPKINS AMANDA G DEFENDANT , at 1505:00 HOURS, at 4181 ELK COURT MECHANICSBURG, PA 17050 NICOLE PRICE - ROOMMATE a 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.56 Affidavit .00 Surcharge 10.00 .00 44.56 Sworn and Subscribed to before me this /~-~ day of othonotar~ R. Thomas Kline 02/10/2004 MDW&O STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FA~X: (717) 975-8124 E-Mail: sbanko@margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAi~IA HERIBERTO CRESPO, AMANDA G. HOPKINS, Plaintiff : Defendant : NO. 04-349 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Heriberto Crespo, Plaintiff c/o George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. MARGOLIS EDELSTEIN ko Att~Yrn%y I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-81.14 Counsel for Defendant STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: FA~X: E-Mail: (717) 975-8114 (717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HERIBERTO CRESPO, AMANDA G. HOPKINS, Plaintiff Defendant ANSWER AND NEW MATTER OF DEFENDANT, NO. 04-349 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMANDA G. HOPKINS, 1. Denied. Amanda G. Hopkins TO PLAINTIFF'S COMPLAINT After reasonable investigation, Defendant, (~Defendant"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendant was operating a vehicle owned by Penrac, Inc. in the northbound direction on North Hanover Street in the Borough of Carlisle. However, as she was turning into the Enterprise Car Rental store at 800 North Hanover Street, it is believed and, therefore, averred that this location is within North Middleton Township, Cumberland County, Pennsylvania. 4. Admitted in part and denied in part. It is admitted that Defendant was turning into the Enterprise Car Rental parking lot at 800 North Hanover Street. However, Defendant denies the characterization that the turn was "sudden.~ 5. Admitted in part and denied in part. The answer contained in paragraph 4 hereof is incorporated herein by reference as if set forth in its entirety. 6. Admitted in part and denied in part. It is admitted that a female was operating a 1990 BMW 525. However, she was traveling in the southbound lane of North Hanover Street. As to the relationship between Plaintiff and the female and the ownership of the vehicle being operated by such female, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 7. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, it is believed and, therefore, averred that the female operator of the BMW vehicle did not have her vehicle under proper control, she was traveling at a speed too fast for conditions there and then existing and at a speed that would not permit her to stop within the assured clear distance ahead. -2- 8. Denied as stated. The answers contained in paragraphs 4 and 7 herein are incorporated herein by reference as if set forth in their entirety. 9 a)-e). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of paragraph 8 hereof is forth in its entirety. further answer, the answer contained in incorporated herein by reference as if set 10. Denied. The answers contained in paragraphs 6 and 9 hereof are incorporated herein by reference as if set forth in their entirety. 11. Denied. The answer contained incorporated herein by reference as if By way of further answer, with respect in paragraph 8 hereof is set forth in its entirety. to any allegation or implication that any conduct on the part of Defendant caused or contributed to any harm on the part of Plaintiff, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. WHEREFORE, Defendant, Amanda G. Hopkins, demands judgment in her favor and against Plaintiff. -3- are NEW MATTER 12. The answers contained in paragraphs 1 through 11 hereof incorporated herein by reference as if set forth in their entirety. 13. Plaintiff's injuries and damages, if any, were caused by the negligent conduct of persons who are not parties to this action. WHEREFORE, Defendant, Amanda G. Hopkins, demands judgment in her favor and against Plaintiff. S EDELSTEIN S~e~n~m. Banko, Jr. Attorne~ I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FA_~ Counsel for Defendant, Amanda G. Hopkins Date: %~\~/ -4- VERIFICATION I, AMANDA G. HOPKINS, state that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Answer and New Matter to Complaint/53250.4-00001 CERTIFICATE OF SERVICM I hereby certify that a copy of the foregoing was served upon counsel of record on the /~ day of /fit.~ 2004, by United States First Class Mail, postage prepaid, addressed as follows: George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 (Counsel for Plaintiff) Barbara J. Smith, Secretary HERIBERTO CRESPO Plaintiff AMANDA G. HOPKINS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-349 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 12. The averments of PlaintiWs Complaint are hereby incorporated by reference. 13. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff demands judgment against the Defendant. MARTS~~)/~ILLIAMS & OTTO By .~-~//{/4, ~V'~k/--4/~ George B. Failer, Jr., Esq~e~ I.D. N~ber 49813 ~ Ten East High S~eet Carlisle, PA 17013 (717) 243-3341 Date: March 29, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff' s Reply to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTE1N P.O. Box 932 Harrisburg, PA 17108-0932 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers d Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 29, 2004 HEREBERTO CRESPO, Plaintiff AMANDA G. HOPKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-349 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDORFF/,~VILLIAMS & By .~Z~% A. . q[ Geo e B Faller, Jr, Esqu' I.~ber 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 OTTO Attorneys for Plaintiff Date: May 3, 2004 CERTIFICATE OF SERVICE_ I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17012; (717) 243-3341 Dated: May 3, 2004