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Home My WebLink About08-4823CHRISTINE N. SHULTZ, Plaintiff VI. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 48613 L iv c ( Term CIVIL ACTION MARK P. COOLBAUGH, 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 717-249-3166 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567.3139 NOTICE TO DEFEND-8-8-08 FAX: (717) 567.3130 CHRISTINE N. SHULTZ JN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 2008- :Civil Action MARK P. COOLBAUGH Defendant COMPLAINT AND NOW, come the Plaintiff, Christine Shultz, by and though his attorneys, The Allen E. Hench Law Offices and for her Complaint alleges as follows: 1. Plaintiff is Christine N. Shultz, of 521 Hilltop Road, Millerstown, Pennsylvania 17062. 2. Defendant is Mark P. Coolbaugh, of 1217 Rock Road, Schuykill Haven, Pennsylvania 17922. Count I Negligence 3. On or about March 27, 2008 at approximately 7:30 AM, Plaintiff was traveling on I-81 South and took the off ramp in Enola. 4. On or about the same time Defendant who was following the Plaintiff also took the off-ramp. 5. The Plaintiff stopped for traffic and the Defendant failed to stop crashing into the rear of Plaintiff's vehicle. 6. Defendant had a duty to operate his vehicle in a safe and prudent manner so as to stop in a timely manner and not collide with the Plaintiffs vehicle. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 7. Defendant failed to discharge his duties and obligations with the care, skill, prudence and diligence under the circumstances then prevailing as required by a prudent person acting in a similar circumstance. FAX: (717) 567-3130 8. Defendant breached his duty to the Plaintiff in that he: (a) operated his motor vehicle in a careless, reckless, and negligent manner; (b) operated his motor vehicle at an excessive rate of speed under the circumstances; (c) not having his motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead (75 Pa. Cons. Stat. Ann. 3361); (d) operated his motor vehicle without due regard to the rights, safety, and position of the plaintiff; (e) failed to have his motor vehicle under the proper control so as to prevent this vehicle from striking the plaintiffs motor vehicle; (f) failed to keep a proper lookout; (g) failed to use due care under the circumstances; (h) failed to notice the motor vehicle of the plaintiff, (i) upon noticing the motor vehicle of the plaintiff, failed to yield the right- of-way to the plaintiffs vehicle; 0) failed to take evasive action in order to avoid impacting with plaintiffs vehicle; (k) failed to apply his brakes in sufficient time to avoid striking plaintiffs stationary car; (1) operated his motor vehicle in disregard of the rules of the road, the ordinances of the Township and Cumberland County, and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. Cons. Stat. Ann. §& 3361 and 3362. 9. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567.3130 10. Defendant's negligence has proximately caused Plaintiff to suffer expenses and damages to her property in the amount of $4059.00. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant not in excess of the amount requiring arbitration under the local rules of Court, exclusive of costs, interest or delay of damages, and other such relief as the Court may deem just and proper. Respectfully submitted, The Al . Hench Law Office imothy . Athe on, squire Attorney I.D. No. 19656 220 Market Street Newport, PA 17074 Phone: (717) 567-3139 Attorney for Plaintiff ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT. PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 Verification I verify that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief and that this Complaint is brought in sincerity and truth for the reasons mentioned in the said Complaint. I understand that false statements are made subject to law as provided in Title 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities. VkA CHRISTINE N. SHULTZ ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717)567.3130 i3 n Ln y i 77 C:: O C- e-s . ^ N ?y , V -2 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHULTZ CHRISTINE N VS COOLBAUGH MARK P 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: COOLBAUGH MARK P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 25th , 2008 , t attached return from SCHUYLKILL s office was in receipt of the Sheriff's Costs: Docketing l?1?0% 18.00 Out of County q`00 9.00 Surcharge 10.00 Dep Schuylkill Co 57.90 Postage 1.35 08/25/2008 ALLEN HENCH Sworn and subscribe to before me this day of So answers: _.- R. Thomas Kline Sheriff of Cumberland County A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Christine N. Shultz r VS. Mark P. Coolbaugh No. 08-4823 civil Now, August ; 15 , 2008 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?f Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within 20 , at o'clock M. served the cn N d C c' upon at r C rn > ? n by handing to -77. 3?1 rn w a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA Thu Aug 21, 2008 03:27PM SHULTZ,CHRISTINE V S COOLBAUGH,MARK P PAGE: 1 DEPUTIZED FROM CUMBERLAND COUNTY PLAINTIFF: DEFENDANT: SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 . * A F F I D A V I T O F R E T U R N COURT NUMBER 2008-4823 FILED BY HENCH,ALLEN E TYPE OF PAPER CIVIL ACTION SERVING NUMBER 53233 PEOPLE: PRO FILE DATE 08/11/2008 EXPIRATION 09/10/2008 SHF RECEIVED 08/20/2008 DEP RETURNED ------------------------------------------------------------------------------------- 08/21/2008 ---------------------------------------------- (P E O P L E T O B E S E R V E D) NAME ADDRESS 1 ADDRESS 2 CITY ST ZIP DEPUTY -------------------- -------------------- -------------------- -------------------- -- ----- ------------------ Service for COOLBAUGH,MARK P 1217 ROCK ROAD SCHUYLKILL HAVEN PA BARNES, M (A T T E M P T S A T S E R V I C E) SEQ DATE TIME SERVED TO ADDRESS 1 ADDRESS 2 CITY ST ZIP MILES COST --- ---------- ----- ------------ - ------ -------------------- --------------- -------- - ----- -- ----- ----- ------------ 1 08/21/2008 09:32 [NOT FOUND] 1217 ROCK ROAD-WASHI SCHUYLKILL HAVE PA 17972 40 23.40 • REMARKS PER DEFT'S GRANDMOTHER, DEFT NOW • REMARKS RESIDES IN CAMP HILL, PA ADDRESS • REMARKS UNKNOWN. LEFT ATTORNEYS NAME AND * REMARKS NUMBER TO GIVE TO DEFT IF SHE DOES HAVE * REMARKS CONTACT WITH HIM. ------------ Total 23.40 Total Mileage Charge for all Services : 23.40 Thu Aug 21, 2008 03:27PM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N PAGE: 2 I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above. SWORN and subscribed before me this SO ANSWERS c. J day of (Deputy Sh i_,, (Prothonotary) (Sheriff of Schuylkill County) End - of - Return (X-291-2008) CHRISTINE SHULTZ, Plaintiff V. MARK P. COOLBAUGH, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-4823 CIVIL ACTION PRAECIPE Please reinstate the Complaint in the above captioned matter. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 10-10-08T-2 ,!)7NCLAW OFFICES BY: Timothy N. Atherton, Esquire Attorney for Plaintiff FAX: (717) 567-3130 f7 r., i O `_ c. y Y j cz? ' ± Him GV1 C"j V i SHERIFF'S RETURN - REGULAR CASE NO: 2008-04823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHULTZ CHRISTINE N VS COOLBAUGH MARK P RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COOLBAUGH MARK P the DEFENDANT , at 1946:00 HOURS, on the 20th day of October , 2008 at 1907 LOGAN STREET CAMP HILL, PA 17011 MARK COOLBAUGH by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge /c/z'1/b8 1?. 18.00 15.00 .59 10.00 .00 43.59 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 10/21/2008 ALLEN HENCH By: alo,0(7;lel day Deputy Sheriff A.D. CHRISTINE N. SHULTZ PLAINTIFF MARK P. COOLBAUGH DEFENDANT: ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 TO THE PROTHONTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 08-4823 CIVIL PRAECIPE Please mark the above-captioned matter settled and discontinued with prejudice. (717) 567-3139 04-p?Ey ALLEN E. CH LAW OFFICES TIMOT N. ATHERTON, ESQURE Supreme Court ID #19656 220 Market Street Newport, Pa. 17074 FAX: (717) 567-3130 5