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HomeMy WebLinkAbout11-4484:' 11-010749 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Billy R. Nelson Lo i i B11 14 AM I { . PE t ?YL'v`Afr;?'t STACY N. MALETTA, PLAINTIFF VS. BILLY R. NELSON AND VALERIE NELSON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4484 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Billy R. Nelson. The Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, LAW PFFICE OF SN DE1 DORER f, Date: June 13, 2011 By: ' Donald R. Dorer, E uire Attorney for Defendant, Billy R. Nelson Court I.D. No. 39126 C' 11-010749 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Billy R. Nelson STACY N. MALETTA, PLAINTIFF VS. BILLY R. NELSON AND VALERIE NELSON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4484 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Billy R. Nelson herein, and that he caused a true and correct copy of the attached Entrv of Appearance to be served by regular first class mail upon: Kirk L. Wolgemuth, Esquire Devine Law Offices, LLC 115 East King Street Suite 300 Lancaster, PP 17602 Attorney for Plaintiff, Date: June 13. 2011 Attorney for Defendant, Billy R. Nelson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r-0 ? STACY N. MALETTA, ; rn rn x- ?-- Plaintiff r r a c-n vs. Docket No. 11-4484 Civil ° BILLY R. NELSON and Jury Trial Demanded VALERIE NELSON, ' Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. D ine L ffices LL By: it L. olgemuth Attorney for Plaintiff, Stacy N. Maletta 115 East King Street, Suite 300 Lancaster, PA 17602 (717) 390 3020 I.D. No. 45792 GLM? % 10 . oo PC, 4 Gc-U_- 1?1902- V_4 a(al 3(v 0 The Complaint is reinstated and the Original marked accordingly as above directed. Dated: David D. Buell, Prothonotary IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STACY N. MALETTA, Plaintiff vs. Docket No. 11-4484 Civil BILLY R. NELSON and Jury Trial Demanded VALERIE NELSON, : Defendants CERTIFICATE OF SERVICE I hereby certify that on this date I caused true and correct copies of the Praecipe to Reinstate Complaint to be served upon the individuals named below by first class mail. Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Dated: "71 1 /0101( ;,ne L O ices LLC By. . olgemuth ttorney for Plaintiff, Stacy N. Maletta 115 East King Street, Suite 300 Lancaster, PA 17602 (717) 390 3020 I.D. No. 45792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,may STACY N. MALETTA, ?.?'. Plaintiff, Z© rv or Civil Action No.:11-4484 V Civil PC) . BILLY R. NELSON and VALERIE NELSON, Defendants ENTRY OF APPEARANCE Please enter the appearance of Kirk L. Wolgemuth, Esquire, and Wolgemuth & Dunlap Law Offices on behalf of Plaintiff, Stacy N. Maletta. WOLGEMUTH & DUNLAP Law Offices By: Kirk L. Wolgemuth P.O. Box 10305 Lancaster, PA 17605-0305 (717) 392-0389 Court ID# 45792 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STACY N. MALETTA, Plaintiff, vi. Civil Action No.: 11-4484 Civil BILLY R. NELSON and VALERIE NELSON, Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been served on July 21, 2011, by electronic service upon: Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 WOLGEMUTH & DUNLAP Law Offices B ?267-e"- Kirk L. Wolgemuth P.O. Box 10305 Lancaster, PA 17605-0305 (717) 392-0389 Court ID# 45792 II 11-010749 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Billy R. Nelson STACY N. MALETTA, PLAINTIFF VS. BILLY R. NELSON AND VALERIE NELSON, DEFENDANTS F ... f lL9IFTlJ ?3'?ti? i. '' ?f4€ I1 ? ? U ;BPRLAND COUNTY °t?NS YLVA NIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4484 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER OF DEFENDANT, BILLY R. NELSON COUNT I Stacy N. Maletta vs. Billy R. Nelson 1. Paragraph 1 of Plaintiff's Complaint is a conclusion of law as to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are generally denied pursuant to Pa. R.C.P. §1029(e). 2. Admitted only as to answering Defendant, Billy R. Nelson. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that Defendant, Billy R. Nelson, was operating a 1994 Chevrolet Cavalier, registration number EBW4594, in a westbound direction on Market Street. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 6. Paragraph 6 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 7. Admitted in part, denied in part. Defendant, Billy R. Nelson generally admits his sole negligence in causing the accident of May 30, 2009. However, by way of further statement, the allegations in paragraph 7 of the Complaint, including subparagraphs 7(a) through 7(k), are conclusions of law to which no response is required. To the extent any such allegations are deemed factual in nature, said allegations are generally denied pursuant to Pa. R.C.P. 1029(e). 8.-15. Denied . The allegations in paragraphs 8 through 15 of the Complaint are generally denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Billy R. Nelson, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. COUNT II Stacy N. Maletta vs. Valerie Nelson 16. Paragraphs 1 through 15 are incorporated herein by reference, and made a part hereof as if set forth in full. 17.-19. Paragraphs 17 through 19 of Plaintiff's Complaint are directed to another Defendant as to which no response is required from answering Defendant. WHEREFORE, Defendant, Billy R. Nelson, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. COUNT III Stacy N. Maletta vs. Billy R. Nelson 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. Paragraph 21 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Billy R. Nelson, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. NEW MATTER 22. Paragraphs 1 through 21 are incorporated herein by reference, and made a part hereof as if set forth in full. 23. The Plaintiff's claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 24. The Plaintiff's claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Billy R. Nelson, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, LAW OFFICE OF SNYDER & DORER Date: August 2 2011 By; Donald R. Dorer, Esquire Attorney for Defendant, Billy R. Nelson Court I.D. No. 39126 9 • 11-010749 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Billy R. Nelson STACY N. MALETTA, PLAINTIFF VS. BILLY R. NELSON AND VALERIE NELSON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4484 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Billy R. Nelson verify that the statements made in the foregoing Answer to Complaint with New Matter of Defendant. Billy R. Nelson which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: on 11-010749 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Billy R. Nelson STACY N. MALETTA, PLAINTIFF VS. BILLY R. NELSON AND VALERIE NELSON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4484 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Billy R. Nelson herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter of Defendant, Billy R. Nelson to be served by regular first class mail upon: Kirk L. Wolgemuth, Esquire Devine Law Offices, LLC 115 East King Street Suite 300 Lancaster, PA 17602 Attorney for PI Date: August 2, 2011 D ald R. orer, Esquire Attorney for Defendant, Billy R. Nelson M ' 0-10-OFFICE IN THE COURT OF COMMON PLEAS ?'' '?,OHONOTARb OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUMBERLAND COUNTY PENNSYLVANIA STACY N. MALETTA, Plaintiff, V. BILLY R. NELSON and VALERIE NELSON, Defendants Civil Action No.: 11-4484 Civil PLAINTIFF'S REPLY TO NEW MATTER The Plaintiff, Stacy N. Maletta, files the following Reply to Defendant's New Matter: 23. Denied. The averments contained in Paragraph 23 of Defendant's New Matter contain conclusions of law to which no response is required. 24. Denied. The averments contained in Paragraph 24 of Defendant's New Matter contain conclusions of law to which no response is required. Wherefore, Plaintiff requests that judgment be entered in her favor and against the Defendant. By: WOLGEMUTH & DUNLAP Law Offices -,e-? 4,2'-A Kirk L. Wolgemuth P.O. Box 10305 Lancaster, PA 17605-0305 (717) 392-0389 Court ID# 45792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STACY N. MALETTA, Plaintiff, vi. Civil Action No.:1 l -4484 Civil BILLY R. NELSON and VALERIE NELSON, Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Reply to New Matter has been served on August 3, 2011, by U.S. Mail upon: Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 WOLGEMUTH & DUNLAP Law Offices By: Z-1 Kirk L. Wolgemuth P.O. Box 10305 Lancaster, PA 17605-0305 (717) 392-0389 Court ID# 45792 STACY N . MALETTA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BILLY R. NELSON and VALERIE NELSON, Defendants 11-4484 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 23rd day of April, 2013, upon consideration of the call of the civil call list and no person having called the above-captioned case for trial, it is stricken from the trial list. By the Court, Christyl 'e Peck, J. Kirk L. Wolgemuth, Esquire For the Plaintiff Donald R. Dorer, Esquire For the Defendants pcb c 22 MM -a -G> r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA - CIVIL ACTION—LAW cn ; < STACY N. MALETTA, Plaintiff, V. Civil Action No.:11-4484 Civil BILLY R.NELSON and VALERIE NELSON, Defendants PRAECIPE TO SETTLE AND DISCONTINUE Please mark the above matter settled and discontinued. WOLGEMUTH & DUNLAP Law Offices By: 'e--'t'II Kirk L. Wolgemuth P.O. Box 10305 Lancaster, PA 17605-0305 (717) 392-0389 Court ID#45792 o • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW STACY N. MALETTA, Plaintiff, vi. Civil Action No.:11-4484 Civil BILLY R.NELSON and VALERIE NELSON, Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Settle and Discontinue has been served on August 23, 2013 by U.S. mail upon: Donald R. Dorer, Esquire Snyder&Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 WOLGEMUTH & DUNLAP Law Offices By: 5� Kirk L. Wolgemuth P.O. Box 10305 Lancaster, PA 17605-0305 (717) 392-0389 Court ID#45792