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Home My WebLink About04-2165DORIS BARNETT and, JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW NO: : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania for service. Date: Respectfully submitted, ?o~ayley & Whare MI E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Terry and Jonathan Naugle 1541 MClure's Gap Road Carlisle, PA 17013 (717) 245-2349 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGA1NST YOU.PYothonotary (~t..l A_..~ ~~ SHERIFF'S RETURN - CASE NO: 2004-02165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARNETT DORIS ET AL VS NAUGLE TERRY ET AL REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS was served upon NAUGLE TERRY DEFENDANT , at 1511:00 HOURS, at 1541 MCLURES GAP ROAD CARLISLE, PA 17013 TERRY NAUGLE a Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 21st day of May by handing to the , 2004 true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 3~(,~-' day of So Answers: R. Thomas Kline o5/24/2oo4 ROMINGER & BAYLEY By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-02165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARNETT DORIS ET AL VS NAUGLE TERRY ET AL VALERIE WE~LRY , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS NAUGLE JONATHAN DEFENDANT at 1511:00 HOURS, at 1541 MCLURES GAP ROAD CARLISLE, PA 17013 TERRY NAUGLE, ADULT IN CHARGE a true and attested copy of WRIT OF Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of May , 2004 by handing to SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10o00 .00 16.00 Sworn and Subscribed to before me this ~& ~ day of ~ J--J~ A.D. ' Proth6notar~ ~ / ~ So Answers: R. Thomas Kline o5/24/20o4 ROMINGER & BAYLEY By: DORIS BARNETT and JOHN BARNETT, Plaintiffs TERRY NAUGLE and JONATHAN NAUGLE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04-2165 CIVIL : : JURY TRIAL DEMANDED PRAECIPE OF DEFENDANTS TO ENTER RULE UPON PLAINTIFFS TO FILE A COMPLAINT TO THE PROTHONOTARY: In the above-captioned case, Writ of Summons was issued on May 14, 2004 and served upon Defendants on May 21,2004. Enter a rule upon Plaintiffs to file a complaint. Date: June 7, 2004 ~~vCe; Street ar0 Carlisle, PA 17013 717/243 -4574; FAX 243-8227 PaBar 06268 CCi Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 71013 DORIS BARNETT and JOHN BARNETT, Plaintiffs TERRY NAUGLE and JONATHAN NAUGLE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - [,AW : NO. 04-2165 CIVIL : : JURY TRIAL DEMANDED : RULE UPON PLAINTIFFS TO FILE A COMPLAINT AND NOW, this 0~'x day of June, 2004, Rule is hereby issued upon Plaintiffs to file a complaint in the above captioned action or the Prothonotary, upon praecipe of Defendants, may enter a judgment of non pros against Plaintiffs. TO: Karl E. Rominger, Esquire, for Plaintiffs 155 S. Hanover Street Carlisle, PA 71013 cc: John H. Broujos, Esquire, for Defendants Cum~s Rii Long,~ho'nota~ DORIS BARNETT and JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2165 Civil JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THEPROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, *, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-.9900 CERTIFICATE OF SERVICF AND NOW, this. //~' day of June, 2004, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Streel: Carlisle, PA 17013 Michael S. Ferguson, Esquire DORIS BARNETT and JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2165 Civil JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Co~mplaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. Prothonotary ~ ,~ CERTIFICATE OF SERVICE_ AND NOW, this 1~ day of June, 2004, I hereby certify that I have served the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHAP, E 155 South Hanover Street Carlisle, PA 17013 Michael S. Fer'guson, Esquire DORIS BARNETT and, JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants 1N THE COURT O17 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - [,AW NO: 04-2165 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. lfyou wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice am 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 ao, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DORIS BARNETT and, JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -/.AW : NO: 04-2165 : : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, Doris and John Barnett, by and through their attorney, Karl E. Ronfinger, Esquire and in support of their Complaint avers as follows: 1. Doris Barnett is an adult female individual and John Barnett is an adult male individual, living together as husband and wife, residing at 598 Boxwood Lane, Carlisle, Pennsylvania. 2. Terry Naugle and Jonathan Naugle are adult individuals residing at 1541 Mclures Gap Road, Carlisle, Pennsylvania. 3. On or around May 31, 2002, Plaintiff sustained injuries when her vehicle was stopped in traffic and rear ended by a vehicle in a chain reaction started by Defendants. 4. As a result of the accident, the Plaintiff suffered various injuries which resulted in the necessity of medical treatment. 5. Said injuries, which were a result of the accident, caused Plaintiff severe physical pain and mental anguish including but not limited to pain and suffering, physical trauma, emotional distress, shock and nervousness to the system. COUNT I. NEGLIGENCE OF TERRY NAUGLE 6. Previous paragraphs are incorporated by reference. 7. Plaintiff was properly stopped in traffic. 8. Defendant had a duty to drive in a reasonably prudent manner while operating his vehicle. 9. Defendant breached its duty in that: (a) Defendant failed to maintain adequate control of his vehicle; (b) Defendant failed to meet the assured clear distance standard; (c) Defendant failed to operate his vehicle irt a safe manner; and (d) Defendant was negligent per se for violating the vehicle code. 10. As a direct result of Defendant's negligence Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering and the like, as well as shock and nervousness to the system. 11. Defendant's actions are the direct and proximate cause of Plaintiff's injuries. COUNT II. NEGLIGENCE OF JONATHAN NAUGLE 12. Previous paragraphs are incorporated by reference. 13. Plaintiff was properly stopped in traffic. 14. Defendant had a duty to drive in a reasonably prudent manner while operating his vehicle. 15. Defendant breached its duty in that: (a) Defendant failed to maintain adequate control of his vehicle; (b) Defendant failed to meet the assured clear distance standard; (c) Defendant failed to operate his vehicle in a safe manner; and (d) Defendant was negligent per se for violating the vehicle code. 16. As a direct result of Defendant's negligence Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering and the like, as well as shock and nervousness to the system. 17. Defendant's actions are the direct and proximate cause of Plaintifl's injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorneys fees. Respectfully submitted, ROMINGER. BAYLEY & WHARE Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 177013 (717) 241-6070 Supreme Count ID # 81924 Attorney for Plaintiffs DORIS BARNETT and, JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO: 04-2165 : JURY TRIAL DEMANDED VERIFICATION KARL E. ROMINGER, ESQUIRE, states that he is the attomey for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. {}4904, relating to unswom falsification to authorities. Date: Karl Ec~lk~ominger, Esquire Attorney for Plaintiff DORIS BARNETT and, JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO: 04-2165 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire 2411 N. Front Street Harrisburg, PA 17110 Karl E. Rominger, Esquire Attorney for Plaintiff Dated_.~ o e ~ ;~/ £~v7 DORIS BARNETT and JOHN BARNETT, PENNSYLVANIA Plaintiffs VS, TERRY NAUGLE and JONATHAN NAUGLE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, NO. 04-2165 Civil JURY TRIAL DEMANDED CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER Admitted on information and belief. Admitted. 3. Admitted in part, denied in part. It is admitted that an accident occurred in which the defendant Terry Naugle's car came in contact with the plaintiffs' vehicle. It is denied that the plaintiff sustained any injuries as a result of this accident. The rest of the averments contained in the paragraph are denied pursuant to Pa. R.C.P. 1029(e). 4- 5. Denied pursuant to Pa. R.C.P. 1029(e). 6. Paragraphs 1 through 5 are incorporated herein by reference thereto. 7- 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. Paragraphs 1 through 11 are incorporated herein by reference thereto. 13 - 17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, defendants respectfully request this Honorable Court enter a judgment against the plaintiffs and in favor of the defendants and award costs thereto. NEW MATTER 18. Paragraphs I through 17 are incorporated herein by reference thereto. 19. Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act, '75 Pa. C.S.A. §1701 et. Seq. WHEREFORE, defendants respectfully request this Honorable Court enter a judgment against the plaintiffs and in favor of the defendants and award costs thereto. Respectfully submitted, NEALON & GOVER, P.C. Date: Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this ~ day of July, 2004, ~ hereby certify that I have served the foregoing ANSWER TO COMPLAINT WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire DORIS BARNETT and JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2165 Civil JURY TRIAL D!EMANDED CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPFARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Terry Naugle, with regard to the above-captioned matter. Respectfully submitfed, NEALON & GOVER, P.C. Date: Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9,900 CERTIFICATE OF SERVICE AND NOW, this ~day of August, 2004, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire DORIS BARNETT and JOHN BARNETT, Plaintiffs VS, TERRY NAUGLE and JONATHAN NAUGLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2165 Civil JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCI- TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Jonathan Naugle, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: Michael S. Ferguson, Esquire i.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ~day of August, 2004, I he~reby certify that have served the foregoing PRAECIPE FOR WITHDRAWAL OF APP[--ARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 '"~0~ !~!ael~s. ~e rg u so n, Esquire DORIS BARNETT and JOHN BARNETT, Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2165 Civil JURY TRIAL. DEMANDED CIVIL ACTION - LAW TO: NOTICE TO PLEAI') Doris Barnett and John Barnett C/o Karl E. Rominger, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that the Amended Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof· Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. Date: By: · · g , Esquire I.D. #: 838132 2411 North. Front Street Harrisburg, PA 17110 717/232-9900 DORIS BARNETT and JOHN BARNETT, PENNSYLVANIA Plaintiffs VS. TERRY NAUGLE and JONATHAN NAUGLE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, NO. 04-2165 Civil JURY TRIAL DEMANDED CIVIL ACTION - LAW AMENDED ANSWER TO COMPLAINT WI_~'H NEW MATTER Admitted on information and belief. Admitted. 3. Admitted in part, denied in part. It is admitted that an accident occurred in which the defendant Terry Naugle's car came in contact with the plaintiffs' vehicle. It is denied that the plaintiff sustained any injuries as a result of this accident. The rest of the averments contained in the paragraph are denied pursuant to Pa. R.C.P. 1029(e). 4 - 5. Denied pursuant to Pa. R.C.P. 1029(e). 7-11. ~COUNT 1 Paragraphs 1 through 5 are incorporated herein by reference thereto. Denied pursuant to Pa. R.C.P. 1029(e). COUNT 2 12. Paragraphs 1 through 11 are incorporated herein by reference thereto. 13-17. These paragraphs are not directed towards the answering Defendant, therefore, no response is necessary. WHEREFORE, defendants respectfully request this Honorable Court enter a judgment against the plaintiffs and in favor of the defendants and award costs thereto. NEW MATTER 18. Paragraphs 1 through 17 are incorporated I~erein by reference thereto. 19. Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701 et. Seq. WHEREFORE, defendants respectfully request this Honorable Court enter a judgment against the plaintiffs and in favor of the defendants and award costs thereto. Respectfully submitted, NEALON & GOVER, P.C. By:~.__~____~ Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, TERRY NAUGLE, verify that the statements made in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ('-'/ TERRYNALf(~LE - .CERTIFICATE OF SERVICE AND NOW, this IO1~' day of August, 2004, I hereby certify that I have served the foregoing AMENDED ANSWER TO COMPLAINT WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl E. Rominger, Esquire, ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire DORIS BARNETT and, JOHN BARNETT, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 04-2165 TERRY NAUGLE and JONATHAN NAUGLE, Defendants : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the action at the above captioned docket by agreement of the parties. Date: February] 7,2005 Respectfully submitted, ROMINGER, BAYLEY & WHARE Kar(Zminger, Esq-:;: 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 10 # 81924 Attorney for Plaintiff r; ':t:::- ~ ...,.., ~ ,,~~ - ....... "'" '3:. !.? ~