Loading...
HomeMy WebLinkAbout04-0407 BONNIE L. CONRAD, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - l.{61 C!IC>LC'-T~~ CIVIL ACTION - LAW ANTHONY COLESTOCK, Defendant 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 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 2 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()4-4D7 {ZtuLl ~~ CIVIL ACTION - LAW BONNIE L. CONRAD, Plaintiff ANTHONY COLESTOCK, Defendant COMPLAINT 1. The Plaintiff is an adult individual residing at 911 Scottish Court, Mechanicsburg, Pennsylvania 17050. 2. The Defendant is an adult individual residing at 2300 Chestnut Street, Harrisburg, Pennsylvania 17104. 3. The facts and occurrences herein after related took place on or about January 5, 2003 on Bent Creek Boulevard, Silver Spring Township, Cumberland County, Pennsylvania. 4. At the time and place aforesaid, Betty J. Auker of Richfield, Pennsylvania, was the owner of a 2000 Toyota sedan which was then and there being operated on Bent Creek Road by Theran Conrad. 5. At the time and place aforesaid, the Defendant was operating a 1992 Toyota sedan on Bent Creek Road to the rear of the Plaintiffs vehicle. 6. At the time and place aforesaid, Defendant caused or allowed his vehicle to strike the rear of the Plaintiffs vehicle causing the damages hereinafter set forth. 7. The aforesaid accident and damages resulting therefrom were caused by the negligence of the Defendant in that he: a) failed to keep a proper lookout for other vehicles; b) operated his vehicle at a speed too fast for conditions then and there existing; and c) failed to have his vehicle under control so as to stop in the assured clear distance ahead. 8. Solely as a result of Defendant's negligence, Plaintiff incurred damages totaling FIVE THOUSAND EIGHT and 04/100 ($5,008.04) DOLLARS for repairs to her vehicle and rental of another vehicle while her vehicle was being repaired. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. RespectfUlly submitted, WIX, WENGER & WEIDNER By 11.~ Ii. lJx Richard H. Wix, Esq., ID# 07274 Attomeys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: J I;)q loY 2 VERIFICATION I, Bonnie Conrad, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attomey for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: I /d-.c, /r;<t / L i~;)1 ip (U...... ^- f'u/l {Bon", Conraa "-- '\ ! ./ ~ (.::J .{Q. ~ if) 0 .... = 0 ~: L"C> ~ ..c- ..., f'"; <- ~ 8 .i-". m:J:l ~ ;Z r- - r.,.) elm N c:> ~~ ~ ~ t..: g:Ti , . Cl Yl \,..1 :z ._,(") ~ c, w om ::<:~. .'-l $ ~ N ~ co SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00407 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONRAD BONNIE L VS COLESTOCK ANTHONY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COLESTOCK ANTHONY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 24th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 25.50 .00 62.50 02/24/2004 WIX WENGER WEIDNER so.answerr~s::~ ~.. /....-' .....----7 ~.,?_./ ___..-c/ . ~--^' ____ /-:~/- R.~omas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ;2(, ~ day of :f~ ;J()()'{ A.D. (l11_D~ ~ N Prothonotat-y In The Court of Common Pleas of Cumberland County, Pennsylvania Bonnie L. Conrad VS. Anthony Colestock SERVE: same No. 04-407 civil Now, February 3, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ../?/ ~( ~ >>-~..:e4(. ~c..t" F ?..G:. Sheriff ofCurnherland County, PA Affidavit of Service Now,. ,20 , at 0' clock M. served the within upon at by handing to a copy of the original and made lmov<m to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @iiite ~f ~~ ~4~:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CONRAD BONNIE L vs County of Dauphin COLESTOCK ANTHONY Sheriff's Return No. 0605-T - -2004 OTHER COUNTY NO. 04-407 AND NOW: February 18, 2004 at 10:19AMserved the within COMPLAINT upon COLESTOCK ANTHONY by personally handing to MELISSA MOMAU ROOMMATE 1 true attested copy (ies) of the original COMPLAINT and making known to him/her the contents thereof at 2300 CHESTNUT ST HBG, PA 17104-0000 Sworn and subscribed to So Answers, JI!~ before me this 18TH day of FEBRUARY, 2004 . (\ C-. (fJaUrvoJ Sheriff of Dauphin County, Pa. PROTHONOTARY By ~Al.~~, Deputy She:/::1~ Sheriff's Costs: $25.50 PD 02/09/2004 RCPT NO 187960 RH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE L CONRAD, No. 04-407 Civil Term Plaintiff, Civil Action - Law v. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) ANTHONY COLESTOCK, Defendant. Filed on Behalf of Defendant, Anthony Colestock Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #72765 SUMMERS, MCDONNELL, WALSH & SKEEL, LLP. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #12403 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE L. CONRAD, No. 04-407 Plaintiff , Civil Action - Law v. ANTHONY COLESTOCK, Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned, Jeffrey C. Catanzarite, Esquire, of the law firm of Summers, McDonnell, Walsh & Skeel, L.L.P., on behalf of the Defendant, Anthony Colestock, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P. By: ......------ .' . Catanzarite, Esquire for Defendant y Colestock CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Appearance has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 11 th day of March, 2004: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P. By: 0:1;-": 0':~ r::::,"_ (') c~ ~. .,,,.. (" c~ ~ ,..., c.~:;! ~ ~ ::~.:: ~ C) -" ....{ -:C_,l frl;-=- --,,(n .,:)0 (J(J -.-oj -r, ~.~.- -n S~'~ ::.:-:'t ):.~ ::".c (,;1 -n :::?d: r;? w -' BETTY J. AUKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-407 Civlil Term ANTHONY COLESTOCK, Defendant CIVIL ACTION -- LAW 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 Ito 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 CO. BAR ASSOCIIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientl9s paginas, debe tomar acci6n dentro de 105 pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demand as presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriorm19nte, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamacla en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede p19rder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICA,N. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BETTY J. AUKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-407 Civil Term ANTHONY COLESTOCK, Defendant CIVIL ACTION - LAW AMENDED COMPLAINT 1. The Plaintiff is an adult individual residing at Star Route 35, P.O. Box 92 Richfield, Pennsylvania. 2. The Defendant is an adult individual residing at 2300 Chestnut Street, Harrisburg, Pennsylvania 17104. 3. The facts and occurrences herein after related took place on or about January 5, 2003 on Bent Creek Boulevard, Silver Spring Township, Cumberland County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff was the owner of a 2000 Toyota sedan which was then and there being operated on Bent Creek Road by Theran Conrad. 5. At the time and place aforesaid, the Defendant was operating a 1992 Toyota sedan on Bent Creek Road to the rear of the Plaintiff's vehicle. 6. At the time and place aforesaid, Defendant caused or allowed his vehicle to strike the rear of the Plaintiff's vehicle causing the dama!~es hereinafter set forth. 7. The aforesaid accident and damages resulting therefrom were caused by the negligence of the Defendant in that he: a) failed to keep a proper lookout for other vehicles; b) operated his vehicle at a speed too fast for conditions then and there existing; and c) failed to have his vehicle under control so as to stop in the assured clear distance ahead. 8. Solely as a result of Defendant's negligence, Plaintiff incurred damages totaling FIVE THOUSAND EIGHT and 04/100 ($5,008.04) DOLLARS for repairs to her vehicle and rental of another vehicle while her vehicle was being repaired. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER &. WEIDNER Dated: 2> Jd:;L,ID~ BY_~~~ k LJ.< Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 2 VERIFICATION I, Betty Auker, have read the foregoing Amended Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge. information and be!ief. I am authori7.ed to make this verification. This verification is made only as to the factual aVE!rments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 3/ 'il o~ ~ (j:uJJfVvv Betty Auker 0.' GO -~l -", ., ~ ,,> ..;:- \L.> ..." ';:..) :;2 C) -n :.? ni ::"lJ r.- :-r'fTJ '~; C) ~-:{(::.) -:1 C;, in -- ..;;,. -'-.'- ':"__~,l -, IN THE COURT OF COMMON PLEAS OF CUMBERLAI\ID COUNTY, PENNSYLVANIA BONNIE L. CONRAD, Plaintiff, v. ANTHONY COLESTOCK, Defendant. TO: PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. No. 04-407 Civil Term Civil Action - Law ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of Defendant, Anthony Colestock Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #72765 SUMMERS, MCDONNELL, WALSH & SKEEL, L.L.P. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 , McDONNELL, WALSH & SKEEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE L. CONRAD, No. 04-407 Plaintiff , Civil Action - Law v. ANTHONY COLESTOCK, Defendant. ANSWER AND NEW MATTER Defendant, Anthony Colestock, by and throu9h his attorneys, Summers, McDonnell, Walsh & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following pleading: I. ANSWER 1. Admitted. 2. Denied. To the contrary, the Defendant resides at 1609 Susquehanna Street, Harrisburg, PA 17102. 3. Admitted. 4. It is admitted that the 2000 Toyota sedan was owned by Betty J. Auker of Richfield, Pennsylvania. It is denied that the vehicle was being operated by Theran Conrad on the date, time and place in question. To the contrary, according to the police accident report, the vehicle was being operated by Theron Conrad. 5. Admitted. 6. Denied. To the contrary, the right front of the Defendant's vehicle impacted with the right rear fender of the Plaintiff's vehicle on the date, time and place in question. 7. The allegations of Paragraph 7 and its subparts are conclusions of law to which no response is required. To the extent that CI response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 8. The allegations of Paragraph 8 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Anthony Colestock, demands judgment in his favor and against Plaintiff. II. NEW MATTER 9. Paragraphs 1 through 8 are herein incorporated by reference. 10. Plaintiff, Bonnie L. Conrad, does not have standing to file this lawsuit as she did not own the vehicle that was allegedly dama~led as a result of the motor vehicle accident on the date, time and place in question. 11. Defendant claims the benefit of the applicable provisions of the Pennsylvania Comparative Negligence Act as set forth in 42 Pa.C.S.A. ~ 7102, et seq., and pleads the same as an affirmative defense agaiinst any and all claims of the Plaintiff . 12. Defendant believes and therefore avers that the Plaintiff's alleged damages were occasioned by the negligence of Theron Conrad and as such, the Plaintiff's right to recovery against the Defendant is barred and/or diminished. 13. Defendant was confronted with a sudden emergency not of his own making and is therefore not responsible for the subject accident and any resulting damages. 14. The Plaintiff's claims are barred by the applicable statute of limitations. WHEREFORE, Defendant, Anthony Colestock, dl~mands judgment in his favor and against Plaintiff. JURY TRIAL DEMANDED Respectfully submitted.. SUMMERS, McDONNELL, WALSH & SKEEL, LLP. By: tanzarite, Esquire for Defendant y Colestock VERIFICATION Defendant verifies that he/she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he/she has given to his/her counsel, it is true and correct to the best of his/her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he/she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: '7"A.-...:...O'i cDJL #12403 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 14'h day of April, 2004: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P. ---- n ~;~ :<:-\ -, ,..., = C:;::) ...- :po -\) :;:;0 (") -h :;1 f'i.i;TI -(In. 8'1' .\C) ~T- ~.1.~ ',~\~~) ~. 0' ~ Ul IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY J. AUKER, No. 04-407 Civil Term Plaintiff , Civil Action - Law v. COMPLAINT TO JOIN ADDITIONAL DEFENDANT (Jury Trial Demanded) ANTHONY COLESTOCK, Defendant, Filed on Behalf of Deflmdant, Anthony Colestock v. Counsel of Record for this Party: THERON CONRAD a/k/a THERAN CONRAD, Jeffrey C. Catanzarite, Esquire Pa. I.D. #72765 Additional Defendant. SUMMERS. MCDONNIELL. WALSH & SKEEL. L.L.P. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 1521 B (412) 261-3232 #12403 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY AUKER. No. 04-407 Plaintiff, Civil Action - Law v. ANTHONY COLESTOCK, Defendant, v. THERON CONRAD a/k/a THERAN CONRAD, Additional Defendant. 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LJI.WYER 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. 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 CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY AUKER, No. 04-407 Plaintiff , Civil Action - Law v. ANTHONY COLESTOCK, Defendant, v. THERON CONRAD alkla THERAN CONRAD, Additional Defendant. COMPLAINT TO JOIN ADDITIONAL DEFENDANT Defendant, Anthony Colestock, by and through his attorneys, Summers, McDonnell, Walsh & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following pleading: 1. Plaintiff, Betty J. Auker, filed suit at the above term and number against Original Defendant, Anthony Colestock, to recover monies for property damage allegedly sustained to her vehicle in a motor vehicle ac:cident occurring on January 5, 2003 on Bent Creek Boulevard, Silver Spring Township, Cumberland County, Pennsylvania. (A true and correct copy of the Plaintiff's Amended Complaint is attached hereto as Exhibit" A"). 2. Defendant has filed an Answer and New Matter to the Plaintiff's Amended Complaint denying any and all liability to the Plaintiff in this matter. (A true and correct copy of the Defendant's Answer and New Matter to Plaintiff's Amended Complaint is attached hereto as Exhibit "B"). 3. Additional Defendant, Theron Conrad a/k/a Theran Conrad, is an adult individual residing at 911 Scottish Court, Mechanicsburg, PA 17057. 4. If the Plaintiff's vehicle sustained property damage as alleged in the Amended Complaint, which is not admitted, then it is averred and believed that said property damage was the direct and proximate result of the carelessness, negligence, recklessness and/or wantonness of Additional Defendant, Theron Conrad a/k/a Theran Conrad, generally and in the following particulars: a. in failing to operate his vehicle at a safe speed under the circumstances and conditions then and there existing; b. in failing to keep his vehicle under proper control under the circumstances; c. in proceeding along Bent Creek Road in an unsafe manner; d. in creating a sudden emergency which caused this motor vehicle accident; e. in losing control of his vehicle, striking a curb and allowing his vehicle to block the Defendant's vehicle's path of travel; and, f. in failing to operate the vehicle in a prud'3nt and cautious manner under the circumstances. 5. If the Plaintiff sustained the property damage as alleged in the Complaint, which is not admitted, then it is averred that Additional Defendant, Theron Conrad a/k/a Theran Conrad, is solely liable to the Plaintiff, or in the alternative, the Additional Defendant, Theron Conrad a/k/a Theran Conrad, is jointly and severally liable to the Plaintiff with the Original Defendant, Anthony Colestock, and by this joinder, the Original Defendant asserts any and all ri!~hts or contribution, indemnity and/or liability over against the Additional Defendant. WHEREFORE, Original Defendant, Anthony Collestock, demands judgment in his favor and against the Additional Defendant. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, WALSH & SKEEL, LL.P. By: l;il!O) BETTY J. AUKER, Plaintiff lN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-407 Civil Term ANTHONY COLESTOCK, Defendant CIVIL ACTION - LAW ~2 ~ 0 ;;:~ ~ -n ~l i";" :z. .-j , i, ,.- :1;:;;,. :1:." 2: -- :;v nlp (~I~~- ~, ~t9 W .'.-' T ~~-:: ,.: -=f () ;~:'= i~ -n ~ Ff YOU HAVE BEEN SUED IN COURT. If you wish to defend against the c1aT~ seNortt8ni in the following pages, you must take action within twenty (20) days after this:tor@lai~ 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. NOTICE 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 CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 1701:1 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las sigui,entes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personal mente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclarnada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado par el demandante puede ser dictado en contra suya par la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORM.A,CION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BETTY J. AUKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-407 Civil Term ANTHONY COLESTOCK, Defendant CIVIL ACTION - LAW AMENDED COMPLAINT 1. The Plaintiff is an adult individual residing at Star Route 35, P.O. Box 92 Richfield, Pennsylvania. 2. The Defendant is an adult individual residing at 2300 Chestnut Street, Harrisburg, Pennsylvania 17104. 3. The facts and occurrences herein after related took place on or about January 5, 2003 on Bent Creek Boulevard, Silver Spring Township, Cumberland County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff was the owner of a 2000 Toyota sedan which was then and there being operated on Bent Creek Road by Theran Conrad. 5. At the time and place aforesaid, the Defendant was operating a 1992 Toyota sedan on Bent Creek Road to the rear of the Plaintiffs vehicle. 6. At the time and place aforesaid, Defendant caused or allowed his vehicle to strike the rear of the Plaintiffs vehicle causing the damages hereinafter set forth. 7. The aforesaid accident and. damages resulting therefrom were caused by the negligence of the Defendant in that he: a) failed to keep a proper lookout for other vehicles; b) operated his vehicle at a speed too fast for conditions then and there existing; and c) failed to have his vehicle under control so as to stop in the assured clear distance ahead. 8. Solely as a result of Defendant's negli~lence, Plaintiff incurred damages totaling FIVE THOUSAND EIGHT and 04/100 ($5,00a.04) DOLLARS for repairs to her vehicle and rental of another vehicle while her vehicle was being repaired. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER Dated: 2)';):;;.1 DC! BY~~ f< l~ Richard H. Wix, Esq., ID# 07274 Attomeys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 2 VERIFICATION I, Betty Auker, have read the foregoing Amended Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true 2!"!d correct tJ the best!)f my kno'.i\fl~~dge, information and be:ief. I an~authori.~ed to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. , Date: ':)1 '1/ DY ~:' ~ ~rr;..}.- '/~i. -...-}-.:.__ \.. '.,i"';'- .. ~ :i \ ~. Betty Auker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY J. AUKER, Plaintiff, v. ANTHONY COLESTOCK, Defendant. TO: PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter to Amended Complaint within twenty (20) days from service hereof or a judgment may e entered against you. No. 04-407 Civil Term Civil Action - Law ANSWER AND NEW MATTER TO AMENDED COMPLAINT (Jury Trial Demanded) Filed on Behalf of Defendant, Anthony Colestock Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. 1.0. #72765 SUMMERS. MCDONIIIELL. WALSH & SKEEL, L.L.P. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 , McDONNELL, WALSH & SKEEL #12403 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY J. AUKER, No. 04-407 Plaintiff , Civil Action - Law v. ANTHONY COLESTOCK, Defendant. ANSWER AND NEW MATTER TO AMEI'\IDED COMPLAINT Defendant, Anthony Colestock, by and through his attorneys, Summers, McDonnell, Walsh & Skeel, LLP., and Jeffrey C. Catanzarite, Esquire, files the following pleading: I. ANSWER 1. Admitted. 2. Denied. To the contrary, the Defendant resides at 1609 Susquehanna Street, Harrisburg, PA 17102. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. To the contrary, the right front of the Defendant's vehicle impacted with the right rear fender of the Plaintiff's vehicle on the date, time and place in question. 7. The allegations of Paragraph 7 and its subparts are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1 02~I(d) and (e) of the Pennsylvania Rules of Civil Procedure. 8. The allegations of Paragraph 8 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Anthony Colestock, demands judgment in his favor and against Plaintiff. II. NEW MATTER 9. Paragraphs 1 through 8 are herein incorporated by reference. 10. Defendant claims the benefit of the applicable provisions of the Pennsylvania Comparative Negligence Act as set forth in 42 Pa.C.S.A. ~ 7102, et seq., and pleads the same as an affirmative defense against any and all claims of the Plaintiff . 11 . Defendant was confronted with a sudden emergency not of his own making and is therefore not responsible for the subject accident and any resulting damages. 12. The Plaintiff's claims are barred by the applicable statute of limitations. WHEREFORE, Defendant, Anthony Colestock, demands judgment in his favor and against Plaintiff. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P. By: y C. Catanzarite, Esquire rney for Defendant Anthony Colestock CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter to Amended Complaint has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this /5t17day of JUNE. ,2004: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P. By: ef r y . Catanzarite, Esquire rney for Defendant Anthony Colestock VERIFICATION Defendant verifies that he/she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER TO AMENDED COMPLAINT and to the extent that the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which he/she has given to his/her counsel, it is true and correct to the best of his/her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel, he/she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date:1t LT u.:e::O~ #12403 VERIFICATION Defendant verifies that he/she is the Defendant in the foregoing action; that the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her counsel in the preparation of the lawsuit. The language of the COMPLAINT TO JOIN ADDITIONAL DEFENDANT is that of counsel and not of the Defendant. Defendant has read the COMPL~INT TO JOIN ADDITIONAL DEFENDANT and to the extent that the COMPL~INT TO JOIN ADDITIONAL DEFENDANT is based upon information which he/she has given to his/her counsel, it is true and correct to the best of his/her knowledge, iinformation and belief. To the extent that the content of the COMPLAINT TO JOINI ADDITIONAL DEFENDANT is that of counsel, he/she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 4v~O+ . a2Jk--, lestock, Defendant #12403 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint to Join Additional Defendant has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this JJ!! day of V Uf/} t , 2004: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, WALSH & SKEEL, LL.P. By: c~ . r-,..) ~") ~.~::) ....- c_ ~,~ r" .i -<. -n o ." ..... ..,... r11 "31 ~~;~) ~~;I ~f1 .,l) [.j,~n :' ~\ -,. -.'''' c.) c.) (....) ::< SHERIFF'S RETURN - REGULAR CASE NO: 2004-00407 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONRAD BONNIE L VS COLESTOCK ANTHONY SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly Sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADD'L DEFENDANT, at 2054:00 HOURS, on the 24th day of June CONRAD THERON AKA THE RAN CONRAD the at 911 SCOTTISH COURT , 2004 MECHANICSBURG, PA 17055 by handing to BONNIE CONRAD, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.21 .00 10.00 .00 34.21 So Answers: r~~~ R. Thomas Kline 06/28/2004 SUMMERS MCDO Sworn and Subscribed to before By: SKEEL me this '7 t , C)~ .2.00'( A.D. C ),~ (] 1vu1J,v ~ ~rothonotary I day of v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-407 BETTY J. AUKER, Plaintiff ANOTHONY COLESTOCK, Defendant CIVIL ACTION LAW v. THERON CONRAD alkla THERAN CONRAD PLAINTIFF'S ANSWER TO DEFENDANT COLESTOCK'S NEW MATTER 10. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. 11. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. 12. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant. Respectfully submitted, WIX, WENGER & WEIDNER BY~p~,./ J/ /1,);",< Richard H. Wix, Esq. ID#07274 Attorneys for Plaintiff 4705 Dul,e Street Harrisburg, PA 17109 (717) 65~~-8455 CERTIFICATE OF SERVIC:E AND NOW, this 24th day of September, 2004, I, Kathryn L. Wix, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Plaintiffs Answer to Defendant Colestock's New Matter this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Jeffrey C. Cantanzarite, Esquire Summers, McDonnell, Walsh & Skeel, L.L.P. 2400 GulfTower 707 Grant Street Pittsburgh, PA 15219 Theron Conrad 911 Scottish Court Mechanicsburg, PA 17057 WIX, WENGER & WEIDNER ~/'> Kathryn L. Wix ~ (") ...... ~ = c = ~,"" .;r:- -oC:"f (I') ~:n L""!)L!. tT'\ "".-. .",,' ""'C. ~~~ "'7;'1"'- N ~?'::: CD r.-::C ~-r ~E> -c . --ri ~" Qo -~. l5rn .....~c:: w L';': :1;~ :2 C) :IJ -.I .< PROTHONOTARY C LONG PAGE 02/02 09/1&/2004 13:34 71 7240&573 Betty J. Auker, Plaintiff, 1l'l THE COUR'f 01' COMMON PLEAS Of cUMBERLAND couNTx'. pBNl'lSYLVANIA. ClVJ1. \9 !'l0. NO. 04-407 Civil Term v. Anthony Colestock, nefendaIlt, v. Theron eonrad a/k/a Theran Conrad, Additional DefendaIlt. ~ULE 1311.-1. no ...."" 'M __ 0' ",..._. ..... .. '0,,","""'" m ,.. {o,...m, ,om< PETl1'lOl'l FO~A.Pl'Oll'l1'MEl'lT Of A.RBITlU.1'O~S 'f0 nu=. HONORABLE, nIB JUDGES 01' SAlb COUlIT: ~effreY C. catanzarite respeclfully represenlS tbal: I. The above-captioned aclion (or aclions) is (ate) III issue. 2. The claim of lbe plainliff in Ihe 8Cti~n is 52.008.04 The counterclaim of the defendanl in (he action is none . , coilnse\ forlhe ""'iloli.Wdefendallt in Ibe above Ill'tion (or aclions), _ . ~ COLestOCK no ,""~;" _, _ i....... m'" ,...t.) M ,~"'" M - .-.i~ -"""' ~ ,... ....-' - Ric;hard H. WiX, Esquire w...........,.. ,.._ ~.,.,.... .0_ C~n '0 0""" ""'" i3l ...".~ m....m "" -.." b' submilted. _, \9_-' in cOllsideration of lbe AND NOW, _, Esq., aTtl appoinled arbitralors in tbe above caplioned action (or Esq., foregoing petition, - E.sq.. and aCllons) as prayed for. By tbe Court, P.l. ~ f ~ ~ 0 ..... C> " ::J II) r ,... ~ 8 -.0 .... -1- () ~ ~ UI.J n1rr, Z~:" '-",.,," th~,c f~) ~~., .-.: =< ~) w U": "-> => = .c- o C') -l I o -.., -f :r: .,..., f11p -om "'C;:' Oc -:;:J-h :'--'1 ~,;? C"') ~i'Tl -0 :1!::: 4~..1q 7172406573 PROTHONQr ARV C LONG Betty J. Auker, Plaintiff, PAGE 02/02 v. IN 1liE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Anthony Colestock, Defendant, NO. ClVlL 19 / v. Theron Conrad a/k/a Theran Conrad, Additional Defendant. NO. 04-407 Civil Term RULE 1312-1. The Perition for APPOintment of Arbitrators 6haU be sub3tamially in the following fOIm: PETITION FOR APPOINl'MENT Of ARBITRATORS TO 1liE HONORABLE, THE JUDGES OF SAIl) COURT; Jeffrey C. Catanzarite respectfully represents rha!: I. The above-captioned action (or actions) is (are) III issue. 2. The c1l1im of the plaintiff in the act;,?n is 5 :;.008.04 The cOunterclaim of the defendant in the action is _ none . c6iinscl for the JJIGlKlflde~Il~Pt inlhe above Belion (or actions), . ~ eStocK" The following allomeys are intereSled in lhe case(s) as cOunselor are olherwise dis~IUa/;fied 10 sit as arbitrators: _ Richard H. Wix, Esquire WHBREFORE, your petitioner prays YOur Honorable Coun to appoinllbree (3) arbitralors 10 whom lhe case shaU be submilled. ~;;~;:d~ JJ;~y ~I ~tanzarite ORDER OF COURT II AND Now, Cl6~~ foregoing petilion, 0~ './~_~A______- Esq., Esq., and ~""tf;;' / ~.J .~ -H . Esq., 11m appointed arbilrator.! in the above caprion aCllons) as prayed for. IIclion (or p.J. ',- ..::r ~ ~ Sf <::) !'l 1-- c;. ~ & n UJ..:;;"" .~ ~::?(s otf,.... oo.:r - t5: :i:: ~ f ~)(.:! In "'- 6n- I Ul u...Jo... I- .:l :;:"-:::!lU '-' ~ lJ..:r; Cl ..0 l--- ~ 0 1- = r "" (") c -v~E n'1)'1" ?; ~2~' ~f~'.' ~,~':~~; J;:>>(~:,; ~, :2 ~S~A .-> = = .;- g -< I -'0 ::x r:-i' w (.ft c.r, .... -:! :::1-..., h1p..:. rn :gy ~;~) <;~ -:J_-.,") ';,~,~~~\ ~,:':~t ~'~:"l ......-:: -"~ - BETTY J. AUKER, Plaintiff v. ANTHONY COLESTOCK, Defendant v. THERON CONRAD a/kJa THERAN CONRAD, Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-407 Civil Term ADDITIONAL DEFENDANT'S ANSWER TO DEF=ENDANTS COMPLAINT TO JOIN ADDITIONAL DEFENDANT. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. 5. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. WHEREFORE, Additional Defendant, Theron Conrad, demands jUdgment inhis favor and against the Defendant. Respectfully submitted, WIX, WENGER & WEIDNER BY~'-d/ .;) IA L Richard H. \!Vix, Esq. ID#07274 Attorneys for Additional Defendant 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 CERTIFICATE OF SERVI~ AND NOW, this 8th day of October, 2004, I, Kathryn L. Wix, Esquire of the firm of Wix, Wenger & Weidner, attomeys for Defendant, hereby certify that' served the within Answer of Additional Defendant this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Walsh & Skeel, L.L.P. 2400 Gulf Towner 707 Grant Street Pittsburgh, PA 15219 WIX, WENGER & WEIDNER ~d~~/ Kathryn L. ix, Eire ....., C~-,";> C':':') "'-- c_~ C) -,,"1 1'_' o -n fv ::::l \~'i ;Il -~".rf'l J:::) :_~ (1) "'I, ::'J ~- ) p'; '. o ...J ~o" rI; e L., COf"1V < d-..i. ~~ 'V \ In The Court of Common Pleas of Cumberland Plaintiff r;J County, Pennsylvania No. D4 - 407 ~-J.\" Ci:)fe~~L ~r Defendant Civil Action - Law. ~ ~"'~d iT Oath We do solemnly swear (o~)~at we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ~. delity. J Sl H-W~ Y:?~Y?~, d J/ Signature City, Zip 31:::.-- 3~- V 7<1( Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following aw~: (Note: If ~t~.ey shall b'( separately ~ ~~~~. .' ~~~;~~~ ~~ 5~ ~~J L, ~d~ Name (Chairman) ~f Law Firm 525 ~~. )2..~ Sf- Address Po Ox 1&8' L~Jn(J \ pC?. (1D43 City, Zip ~t\\ f 12 -3b- ('7<T "1 ~ R,TQ (C -A R. f; rl.uvv^-J Name :DliE't< E. BEf2,ey Name '-~ D~r-: ~ Dllt:.A::. at::V'Wly ~ ~f. Law Firm -j of 1-f"I Law Firm /0 'vv. fJD""" r 121<':, ;;;T Addrestr..flf.>WScG" ~ /7013 'if{ S. H~/IloJr:- ST- Address Ca-rlhle fA Zip 110/3 City, t:.IIIJ 5Cf -377crb'7 J::>/eK Date ofHearing:-1..J~ D5'" Date of Award: '1 r.:or,,' 1)~ - . Arbitrator, dissents. ~ert name if applicable.) Notice of Entry of Award Now, the '7 day 0 , 2005 , at 3.~.:L2-, .Q."M., the above award was entered upon the docket and notice thereof giv n by mail to the parties or thtir attorneys. :z 90, O(J By: jJ -,;//cJJ-~ -+; Deputy Arbitrators' compensation to be paid upon appeal: $ ~ 0 j{ dyUj/ [:: ,. Prothonotary j ~. ~ ~ \ o c: f:~ c ?~ -"'.. <5; .' r-.> = = c..n <- > Z f -.j o -n --I I-n nl-" r- "T'lm -"'0 ,*) _L SO ~~~ Gin :::::; 1; -< -c Y? C- c.n BONNIE L. CONRAD, Plaintiff : IN THE COUHT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 04-407 ANTHONY COLESTOCK, Defendant : CIVIL ACTION-LAW : JURY TRIAL DEMANDED v. THERON CONRAD a/kla THERAN CONRAD, Additional Defendant PRAECIPE TO THE PROTHONOTARY: Notice is given that Plaintiff, Bonnie L. Conrad, hereby appeals to the Court of Common Pleas of Cumberland County from the award of the arbitrators entered in the above-captioned matter on January 7, 2005 Respectfully submitted, WIX, WENGER & WEIDNER ByA. Katliryn L. Wix, Esq. Attorneys for Pia inti 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 Dated: 2/3/05 p ~ tJ \- ~ \t- v ~_._.) ."';:.l ~);'I ~-? ""c t --<"\ - ~"",,\ b ~ ('.:. \ .-v ..,' \r' ~ r ..' c;~ :::D -- -+- -' r L.. COf"lV ~ U ~~ 1lI') In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 04- - 407 CD f0 cine} Defendant Civil Action .- Law. ~~ CQ.."-,, d . T Oath We do solemnly swear (o~rrk)'11i-at we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ~:~W~ Slo City, Zip 3/s-- .:3~- '17 v:/ Award Vie, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), malce the following aw~d: (Note: If d~geS for delay are a,,:arded, thfY shall b~ separately s~ WE' ~",a. ~'" ~, J). _d~'\. ~,.., ~~H~ d~h." ~& -J.O,e. AaU;t\~>.1 J)..~_~+ 0..-. ~ d';;.~~'is clri-l'"., lV<o.c/, \ 'EO....., ~ e A.t~..,.,r 5~ I'" ( L, ~des Name (Chairman) 7>../ f- Law Firm 525 ,~~_ J~~ Sf AJdress PO Dix IS[r L~mf7 :PeL ((043 City, 1 \ Zip MI\I I 12-.3l?- ('74-1 ,2- . 'V? [) -, ~i..-L..t-.n.'7"rL.~, Signature JJ.1 J:/ ? Q-., C' ,0 . """I ....1. . ,','\ '\ Nam~ :DtR{( E. 8EY2t€Y Name I),,~>V'-';" ; .j,l+' Law Firm L-0-/ o~., <>r- 1:> "e K:. a t::YWZY , (331- Law Finn , J'] V'l. 'i 'f s. Ha.noJc..- S-!- .\ddress q_) '~,,.. ,'~ ~-:- ~--. '2::- Addrestz....:'i/2 G.:;,' C~ /"7013 La.rLh{ c- /1013 fA City, Zip t: II\J 5'1-377'7(,,(,7 J::> Ie 1<: Date of Hearing:--1l" 2v, D5'" Date of Award: '1 T~' 0:::; .~~;;~;1f~tf~~;t~'~1~ --;""'''._' ,',0 .", 0'''' '",v~~," . Notice of Entry oLi\..ward n Now, the I day of )iLnLlCLlL ,20 (1..5 , at 3 "1:5, [--1M., the above award was entered upon the docket and notice therwf give by mail to the parties or their attorneys. Arbitrators' com12ensation to be paId upon appeal: $ l_ 9(. ((:) ~"""~J./ BY:~I '. ... n I I,' , fI' / I / // / , ,\ /. ./ '- -~'\ "..... " ./I"Ei)) ) / J,/(1ltU { --' ( Jrothonot,.ry v::) \ I' ~)/ 1m?) eputy CERTIFICATE OF SERVICE. AND NOW, this 3rd day of February, 2005, I, Kathryn L. Wix, Associate of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Praecipe to Appeal an Award of Arbitrators this date by depositing a copy of same in the United States mail, postage p repaid, in Harrisbur9, Pennsylvania, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Walsh & Skeel, L.L.P. 107 Mumma Road Lemoyne, PA 17043 WIX, WENGER & WEIDNER /d~~ Kathryn L. Wix, E uire t-") ~~~~, ,jl .--\ -'t'\ ..,-.,,-, \"" ~ ','-j c'P \ ,1 c;.;' -' --' ------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE L. CONRAD, No. 04-407 Civil Term Plaintiff, Civil Action - Law v. PRAECIPE FOR LISTING CASE FOR TRIAL (Jury Trial Demanded) ANTHONY COLESTOCK, Defendant. Filed on Behalf of Defendant, Anthony Colestock Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. 1.0. #72765 SUMMERS, MCDONNELL. WALSH & SKEEL, L.L.P. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #12403 PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: ( ) for JURY trial at the next term of civil court. (X) for trial without a jury. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE L. CONRAD, No. 04-407 Plaintiff, ( ) Civil Action - Law v. (X) Appeal from Arbitration ANTHONY COLESTOCK, ( ) (other) Defendant. The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. Civil 20 Indicate the attorney who will try case for the party who files this praecipe: Jeffrey C. Catanzarite, Esquire Indicate trial counsel for other parties if known: Richard H. Wix. Esquire This case is ready for trial. Signed: Print Na Attorne i./'- c./'-- ffrey C. Catanzarite f . Anthony Colestock, Defendant Date: 11/03/05 - CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Listing Case for Trial has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3'd day of November, 2005: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P. By: ~ () C -.-;- ,-> G';:) f;-'j C,fl -" ....-,~ CJ ..oJ":;' , -' ("J ~f\ .-, ::r:.,..., n"tf:::' _,..,r<1 :~) CT) -)(') .J--:, ',!_:i "2_-~_\ C;pl -:;; :?l. -\1 ....,i -,.;~ r;-? ,;;:- -' PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: ( X) for JURY trial at the next term of civil court. ( ) for trial without a jury. -------------------------------------------------------------------------------------------------------------------- BONNIE L. CONRAD, Plaintiff v. ( ) Assumpsit ( ) Trespass ( \ Trespass (Motor Vehicle) , ( x ) Motor Vehicle (other) ANTHONY COLESTOCK, Defendant v. THERON CONRAD a/k/a THERAN CONRAD, Additional Defendant The trial list will be called on 12/27/05 and Trials commence on 1/23/06 Pretrials will be held on 1/4 /06 (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1 ). No. 04-407 Civil Indicate the attorney who will trycase for the party who files this Praecipe: Richard H. Wix, Esq. Indicate trial counsel for other parties if known: Jeffrey C. Catanzarite, Esquire Signe;:-~L( } l ) .Lr--. Print Name: Richard H. Wix, Esquire Attorney for: Bonnie L. Conrad, Plaintiff This case is ready for trial. Dated: 11/8/05 (") ", 0 (',;':;:: c- CC> ""T"\ cJ' ..... i""h'f; ~~-) 1_:"', \\....,J 0 ::.-" ~n ;~~:) .'-:.rn ;-_c l..() C) ~,::~ c') ,,0 en .< --------- BONNIE L. CONRAD, Plaintiff v. ANTHONY COLESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-407 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of November, 2005, a pretrial conference in the above matter is scheduled for Wednesday, February 22, 2006, at 11:30 a.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Monday, March 20, 2006, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ;Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Plaintiff jieffrey C. Catanzarite, Esq. Summers, McDonnell, Walsh & Skeel, L.L.P. 2400 Gulf Tower 707 Grant Street Pittsburgh, P A 15219 Attorney for Defendant BY THE COURT, Court Administrator's Office.- /1/0/, '1.(;".,,, II/I){,'I ,> :rc sz ,(' "c. II' 1,:::5 S. i liD>} SODl 3H1. :10 ~{J!. <}{l~IL:{ -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY J. AUKER, No. 04-407 Civil Term Plaintiff, Civil Action - Law v. CERTIFICATE OF SERVICE OF NOTICE TO ATTEND DIRECTED TO THERON CONRAD (Jury Trial Demanded) ANTHONY COLESTOCK, Defendant, Filed on Behalf of Defendant, Anthony Colestock v. Counsel of Record for this Party: THERON CONRAD a/k/a THERAN CONRAD, Jeffrey C. Catanzarite, Esquire Pa. I.D. #72765 Additional Defendant. SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #12403 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY AUKER, No. 04-407 Plaintiff , Civil Action - Law v. ANTHONY COLESTOCK, Defendant, v. THERON CONRAD a/k/a THERAN CONRAD, Additional Defendant. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing Notice to Attend Directed to Additional Defendant. Theron Conrad has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 29th day of November, 2005: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: atanzarite, Esquire or Defendant Colestock f""'"'-''l r::> :) ,_.--:-} ,._.n (l ,-, -:.-;1 " \ CJ \ , , r-~) , \ f"..) :n c.) "< ...... BETTY J. AUKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION ~ LAW ANTHONY COLESTOCK, Defendant v. THERON CONRAD a/k1a : THERAN CONRAD, Additional Defendant NO. 04-407 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of December, 2005, upon consideration of the attached letter from Richard H. Wix, Esq., attorney for Plaintiff, the prior order of court dated November 14, 2005, scheduling a pretrial conference and a nonjury trial in the above matter, is vacated. BY THE COURT, ) ~ichard H. Wix, Esq. 4705 Duke Street Harrisburg, P A 17109-3099 Attorney for Plaintiff / <"".Jeffrey C. Catanzarite, Esq. Summers, McDonnell, Walsh & Skeel, L.L.P. 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Attorney for Defendant Court Administrator's Office" lidl'!' l-D'~A..., I. o/t/, r ,'c....- U J / esley Oler, Jr., Ii " 1 ~ :rc .~ ~, -'~' . ~J .,J'';..> WIX. WENGER S WEIDNER RICHARD H. WIX THOMAS L. WENGER DEAN A. WEIDNER STEVEN C. WILDS THERESA L SHADE WIX. DAVID R.. GETZ STEPHEN J. DZURANIN STEVENM.WILLIAMS JEFFREY c. CLARK PETER G. HOWLAND STEPHEN P_ SMITH KATHRYN 1-. WIX A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 4705 DUKE STREET HARRISBURG. PENNSYLVANIA 17109-3099 (717) 652-8455 FAX (717) 652-6290 www.wwwpalaw.com December 2, 2005 'ALSO MEMBER MASSACHUSETTS e.R The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Auker v. Colestock v. Conrad No. 04-407 Civil Term Dear Judge Oler: I have received your Order of November 14, 2005 scheduling the above matter for a non-jury trial on March 20, 2006. Mr. Catanzarite filed a Praecipe to list this case for a non-jury trial and I immediately called his attention to the fact that we had requested a jury trial when we had filed our Notice of Appeal. In fact immediately after sending my letter to Mr. Catanzarite I also listed this case for a jury trial at the January 2006 Term of Court. Accordingly, I would ask that your Order of November 14, 2005 be rescinded. Very truly yours, , ..: - ( J.J ), /! \A_e(- \ 1 '\. >i--('-- Richard H. Wix RHW/gc cc: Jeffrey C. Catanzarite, Esq. Downtown Harrisburg Location, P.O. Box 845, 508 North Second Street, Harrisburg, PA 17108-0845 (717) 234-4182, Fax (717) 234-4224 BETTY J. AUKER, Plaintiff #4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY COLESTOCK, Defendant CIVIL ACTION - LAW V. THERON CONRAD a/k/a THERAN CONRAD, Additional Defendant: NO. 04-407 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 4th day of January, 2006, before Edgar B. Bayley, Judge, present for the plaintiff was Kathryn L. Wix, Esquire, and for the defendant, Jeffrey C. Catanzarite, Esquire. This is an automobile accident that occurred on January 5, 2003. The claim is for a stipulated amount of property damage only in the amount of $5,008.04. Estimated time of trial, one to one and a half days. This case should be scheduled before Judge Ebert. Kathryn L. Wix, Esquire For Plaintiff Jeffrey C. Catanzarite, Esquire For Defendant prs r<' C.) ('::; -\'1 c,~'. (- ~ , J:.- --:) .-'" t..:? L,.) '-" BETTY J. AUKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-407 Civil Terrn ANTHONY COLESTOCK, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED v. THERON CONRAD a/k/a THERAN CONRAD, Additional Defendant PRAECIPE FOR APPEARANCI; TO: Prothonotary Please enter the appearance of Kathryn L. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Plaintiff Betty J. Auker and Additional Defendant Theron Conrad in the above-captioned matter. WIX, WENGER & WEIDNER By__k;(;/ LL _ Kathryn L. Wix, Esq. ~44 Attorneys for Plaintiff & Additional Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: January 10, 2006 ~ . . CERTIFICATE OF SERVICE AND NOW, this 10th day of January, 2006, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff and Additional Defendant, hereby certify that I served the within Praecipe for Appearance this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisbur,g, Pennsylvania, addressed as follows: Jeffrey C. Catanzarite, Esq. Summers, McDonnell, Walsh & Skeel 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 WIX, WENGER & WEIDNER A~~?^",i Gaye Crist c: ~~, c;.) -:;:0 {-~... ") -0 C._ ~,. r~? ,:::; BETTY J. AUKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-407 ANTHONY COLESTOCK, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED v. THERON CONRAD, alkJa THERAN CONRAD Additional Defendant PRAECIPE To: Prothonotary Please mark the above-referenced action as settled and discontinued. Respectfully submitted, WIX, WENGER & WEIDNER By ,U ~~)/ Kathryn L. Wix, Esq. ID#92944 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 2/2/06 .J-'" r....J -(,~:~, ""',-.) '':;.i'" (:) -.1 --rJ r',; I..;':i I C', w f''\.) C';