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Home My WebLink About04-2791 , , Commonwealth of Pennsylvania County of Cumberland William Downing, t/ a/ d/b/ a Downing Trucking and Downing Trucking, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 04 - ,27 <j / Civil Term Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 Defendant Ovil action law Jury Trial Demanded Writ of Summons To: Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 You are hereby notified that William Downing, t/ a/ d/b/ a Downing Trucking and Downing Trucking, Inc., have brought an action against you. 0'1'-- () Jq( fl,. ~ Deputy Prothonotary date: June 17, 2004 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, P A 17013-0261 717-243-1790 Attorney for Plaintiffs "" '" f-b t~: C"'_"> C:J ~ 4~ -n (- jffr;~: fD ~ Y ~~-~. ry -qhl --.J -::.jCJ "\ . ~,.: ('~, !-' -7=-, .,J_':-: " t<, 1',' ~ -l. !::: ~ -:-:.... : ,) r\.) ion l.. \ V C d en ~ CO William P. Douglas, Esq. Supreme Court rD. # 37926 Douglos Low Office 27 W. High St. C.,.Usle,PA 17013 Telephone (717) 243-1790 William Downing, t/ a/ d/b/ a Downing Trucking and Downing Trucking, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 04 - .2. 7 9/ Civil Term Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 Defendant Civil action law Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased. w'll . (( . William P. Doug Attorney for date: June 17, 2004 Commonwealth of Pennsylvania County of Cumberland William Downing, t/ a/ d/b/ a Downing Trucking and Downing Trucking, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 04 - ~;)7~ I Civil Term Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 Defendant Ovil action law Jury Trial Demanded Acceptance of Service Service of the writ of summons is hereby accepted and receipt of a copy of the writ is hereby acknowledged. Taylor Andrews, Esq. Counsel for the defendant date: June~1 ,2004 Cl ....., c = 0 ::,~~!jS = .z:- " <- ~:n - c :;;e: ~J~;; r- N l:J /11 r';::' -06 "'--.... Q( ".~. ,- " > :J: =ri -.,-- C)-J J> c~ 2-~( ) r:? ,-~n"l ..r: U =;} :.:--' N ~ __D - ~< DOUGLAS LAW OFFICE Z7W.mGHST. POD Uil CARLISLE PA 17013 TELEPHONE 717-243-1790 WIllIAM P. OOUGlAS, ESQ. Supreme Court I.D.# 37926 William Downing, t/a/d/b/a Downing Trucking and Downing Trucking, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Plnintiff vs No. 04.- 2791 Civil Term Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 Civil action law Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS 8m FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACfJlON WITHIN TWENTY DAYS AFfER THIS COMPLAINT AND NOTICE ARE SERVED, :BY ENTERING A WRITfEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILING Il'ol WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FOR1rn AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PRO(::EED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOm FURTHER NonCE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY aTHER CLAIM OR REUEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR arHER RlGmS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NaT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE sm FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNaT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGlBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 BY\.JJL-=-. - DATE: January 10, 2005 Complaint 1. The plaintiffs, William Downing t/ a/ d/b / a Downing Trucking and Downing Trucking, Inc. are an individual and Corporation with a place of business located at RR 3, Box 31, Medford, OK 73759. 2. The defendan~ Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased, resides at 851 Scott Stree~ Stroudsburg, Pennsylvania. 3. On, July 10, 2002, the plaintiffs were the owners of a flat bed tractor trailer which was being operated by their employee on Interstate 81 in Cumberland County, Pennsylvania 4. On the aforesaid date, Elmo Crockett was operating his vehicle on Interstate 81 Cumberland County, Pennsylvania. 5. Elmo Crockett left his lane of travel and crossed the median and struck the vehicle of the plaintiff. 6. Due solely to the negligence of the defendant, the defendant collided with the vehicle of the plaintiff. " 7. The defendant was negligent in the following respects: a. failing to yield the right of way and one half of the roadway oncoming traffic. b. failure to maintain a proper lookout. c. failure to maintain control of his vehicle. 8. As a result of the negligence of the defendant, the plaintiff sustained property damage and associated losses in the amount of $32,903.59. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. Respectfully submitted, ~f(.~ William P. Douglas, Attorney for Plain January 10, 2005 AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: January 10, 2005 ~. ~ ~~ William P. Douglas, E r' ,_ (") ,..'.' '-- -~ . ~ ,...,~ c:::) c:.:'~ c..n ("") il --I =~ fij :~\.'rj "=:JC:'l -n .....-1_ C- ....,-...... 1'.) ~'.:.j '-"1.1 d ~:::J ..1-'" en ~"-' --< WILLIAM DOWNING, tJa/d/b/a DOWNING TRUCKING AND DOWNING TRUCKING, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAI\ID COUNTY,PENNSYLVANIA NO.: 04-2791 CIVIL TERM vs. CIVIL ACTION - LAW CAROLYN K. WHIDDEN, in her capacity as Executrix of the ESTATE OF: ELMO S. CROCKETT, Deceased, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Carolyn K. Whidden, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVER & PERRY By: Date: ~ CERTIFICATE OF SERVICE AND NOW, this ,st day of February, 2005, 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: William P. Douglas, Esquire Douglas Douglas & Douglas 27 W High Street Carlisle, PA 17013 ....'{1 rn c'.; C-j -\1 :.7~ \;1. 1t.-: ~-,J ~""n t .1 f"') r-..'..T WILLIAM DOWNING, t/a/d/b/a DOWNING TRUCKING AND DOWNING TRUCKING, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO.: 04-2791 CIVIL TERM vs. CIVIL ACTION .. LAW CAROL YN K. WHIDDEN, in her capacity as Executrix of the ESTATE OF: ELMO S. CROCKETT, Deceased, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: William Downing, tla/d/b/a Downing Trucking and Downing Trucking, Inc. c/o Wifliam P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED, that the New Matter 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 & PERRY By: as Shore, Esquire Attorney /.D. #85321 2411 North Front Street Harrisburg, PA 17110 717-;!32-9900 WilLIAM DOWNING, tJa/d/b/a DOWNING TRUCKING AND DOWNING TRUCKING, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO.: 04-2791 CIVIL TERM vs. CIVIL ACTION .. LAW CAROLYN K. WHIDDEN, in her capacity as Executrix of the ESTATE OF: ELMO S. CROCKETT, Deceased, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Admitted based upon information and belief 4. Admitted. 5. Admitted based upon information and belief. 6. Denied pursuant to Pennsylvania Rules of Civil Procedure 1029(e). 7. Denied pursuant to the Pennsylvania Rules of Civil Procedure 1029(e). 8. Denied pursuant to Pennsylvania Rules of Civil Procedure 1 029( e). WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiff. ~ NEW MATTER 9. Paragraphs 1-8 are incorporated herein by reference thereto. 10. The Plaintiff's claim may be barred in whole or in part by application of Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.SA S 1705 et. seq. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiff. Respectfully submitted, NEALON, GOVEIK & PERRY By: ~~ c~. hore I.D. # 85321 2411 North Front Street Harrisbum, PA 17110 717/232-B900 Date: 1~ C') , , .' " , :::1 rd I 'i..:,") l'l I ", I (,,1 , l .- p.... ('J' '- WILLIAM DOWNING, t/d/b/a DOWNING TRUCKING AND DOWNING TRUCKING, INC. Plaintiff CAROLYN K. WHIDDEN, in her Capacity as Executrix of the ESTATE OF ELMO S. CROCKETT, Deceased, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 04-2791 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO WITHDRAWAL APPEARANCE TO THE PROTHONOTARY: Please withdrawal the undersigned appearance previously entered in the above captioned action on behalf of the Defendant, Carolyn K. Whiidden. ,.-- Date: d - ~ --85 Respectfully submitted, By: Tay r l.( Andrews, Esq. 15641 78 W. Pomfret St. Carlisle, PA 17013 717243-0123 CERTIFICATE OF SERVICE AND NOW, this q f"liay of February, 2005, I hereby certify that I have served the foregoing PREACIPIE TO WITHDRAWAL APPEAR.ANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esq. Douglas & Douglas 27 W. High St. Carlisle, P A 17013 Casey G. Shore, Esq. Nealon, Gover & Perry 2411 N. Front St. Harrisburg, PA 17110 -.J <:-;) Cj '''::':'''' 1"'_,) ,- " "" ~.) " ~, ,',- DOUGLAS LAW OFFICE 27 W. HIGH ST. POD 261 CARLiSLE P A 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS. ESQ. Supreme Court 1.0.# 37926 William Downing, t/a/d/b/a Downing Trucking and Downing Trucking, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 04 - 2791 Civil Term Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 Civil action law Defendant Reply to New Matter 9. The allegation of the original complaint are incorporated herein and reference is made thereto. 10. The parties involved in the accident are not residents of the Commonwealth of Pennsylvania therefore the provisions of the Pennsylvania Motor Vehide Act are not applicable. Wherefore it is prayed that the new matter of the defendant be dismissed and judgment be entered in favor of the plaintiff and against the defendant. April 15, 2005 r~~rrUtted, William P. DOUgla~~ Attorney for PI~~~~ , AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ~. , William P. Douglas, E Date: April 15,2005 r-~ ) c:;:.,) (") c;::.~) -1-, L.;"I .."".I '.i':) :'"1." ('-'" 0-" William P. Douglas, Esq. Supreme Court I.D. # 37926 Douglas Law Office 27 W. High St. Carlisle, P A 17013 Telephone (717) 243-1790 William Downing, t/ a/ d/b/ a Downing Trucking and Downing Trucking, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 04 - 2791 Civil Term Carolyn K. Whidden, in her capacity as Executrix of the Estate of Elmo S. Crockett, deceased 851 Scott Street Stroudsburg, P A 18360 Defendant Civil action law Jury Trial Demanded Praecipe to Settle and Discontinue Dear Mr. Long: Please mark the above captioned matter discontinued with prejudice. \ .)(;l~il~:~ ~J~:s, &q. Attorney or Plaintiffs date: February 1, 2006 ~') ~Ti i~ -., r'n c;J I CT"I -~~, \.. co ---