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HomeMy WebLinkAbout04-4825Michael I O'Connor, Esquire Attorney I. D. No. 76127 218 Pine Sheet P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 - Voice (717) 238-0592 - Fax moconnor@killiangephart.com JENNIFER BRINK and RYAN BRINK, Husband and Wife, 348 G Street Carlisle, PA 17013-1366, Plaintiffs V. RONALD LEE ANDERSON, 2525 Rosstown Road Wellsville, PA 17365, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. e2 JURY TRIAL DEMANDED 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 maybe 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 JENNIFER BRINK and RYAN BRINK, Husband and Wife, 348 G Street Carlisle, PA 17013-1366, Plaintiffs V. RONALD LEE ANDERSON, 2525 Rosstown Road Wellsville, PA 17365, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros detechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 JENNIFER BRINK and : IN THE COURT OF COMMON PLEAS RYAN BRINK, Husband : CUMBERLAND COUNTY, PENNSYLVANIA and Wife 348 G Street CIVIL ACTION - LAW Carlisle, PA 17013-1366, Plaintiffs V. : No. 04- yFzS? lu - RONALD LEE ANDERSON, 2525 Rosstown Road Wellsville, PA 17365, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Jennifer Brink, by and through her attorneys, Killian & Gephart, LLP and does hereby file this Complaint against Defendant, Ronald Lee Anderson, and in support thereof avers the following: 1. Plaintiff, Jennifer Brink, is an adult individual currently residing at 348 G Street, Carlisle, Cumberland County, PA 17013-1366. 2. Plaintiff, Ryan Brink, is the husband of Plaintiff Jennifer Brink and is currently residing at 348 G Street, Carlisle, Cumberland County, PA 17013-1366. 3. Defendant, Ronald Lee Anderson, is an adult individual currently residing at 2525 Rosstown Road, Wellsville, York County, PA 17365. 4. On September 30, 2002, at approximately 4:00 o'clockp.m., Plaintiff, Jennifer Brink, was the operator of a 1996 Nissan Ultima, with Pennsylvania Registration EMK7814, 1 and was stopped in traffic on northbound Route 74/York Road in or about South Middleton Township, Cumberland County, Pennsylvania. 5. On September 30, 2002, at approximately 2:00 o'clock p.m., Defendant was the owner and operator of a 1989 Chevrolet Cavilere, Pennsylvania Registration EML7241 northbound on Route 74/York Road in or about South Middleton Township, Cumberland County, Pennsylvania, behind Plaintiff's stopped vehicle. 6. Defendant failed to stop his vehicle and rearended Plaintiff's vehicle. The aforementioned accident was caused bythe carelessness and/or negligence of the Defendant and was in no way caused by Plaintiff, Jemiifer Brink who was acting in a prudent and lawful manner at all times. COUNTI NEGLIGENCE JENNIFER BRINK v. RONALD LEE ANDERSON 8. Plaintiff hereby incorporates paragraphs 1 through 7 as though fully set forth herein. The aforementioned accident and consequent injuries sustained by Plaintiff were caused by the carelessness and/or negligence of Defendant, including the following: (a) Failing to operate Defendant's vehicle at a safe speed, thereby violating the assured clear distance rule as stated in'75 Pa. C.S.A. § 3361. (b) Failing to be attentive to the traffic conditions surrounding Defendant. 2 (c) Failing to take proper precautions in the operation of Defendant's vehicle so as to keep it under proper and adequate control at all times; (d) Following Plaintiffs vehicle too closely in violation of Pa. C.S.A. § 3310; (e) Failing to have his vehicle under proper control in order to avoid the collision with Plaintiffs vehicle which caused the accident and consequent injuries sustained by Plaintiff. 10. As a result of the aforesaid negligence of ]Defendant, Plaintiff sustained personal injuries including, but not limited to, cervical sprain/strain, cervical distonia, back sprain/strain and post-traumatic headaches. 11. As a result of the aforesaid accident and injuries sustained by Plaintiff, Jennifer Brink, Plaintiff has sustained and/or will sustain the following; damages of which are claimed herein: (a) Past and future pain and suffering; (b) Past and future loss of life's enjoyment; (c) Loss of income; (d) Reasonable and necessary medical expenses; WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in an amount in excess of $25,000, plus costs and fees and such other relief as this Court deems just and proper. 3 COUNT II LOSS OF CONSORTIUM RYAN BRINK v. RONALD LEE ANIDERSON 12. Plaintiff hereby incorporates paragraphs 1 through 11 as though fully set forth herein. 13. At all times material hereto, Plaintiff Ryan Brink was the husband of Jennifer Brink and they continue to be husband and wife through the time of the filing of this Complaint. 14. As the direct and proximate result of the negligence and carelessness of Defendant, Plaintiff Ryan Brink, has been deprived of the love, affection and society of his wife, Jennifer Brink, to his loss and detriment. 15. As the further direct and proximate result of the negligence and carelessness of Defendant, and the direct and proximate damages and injuries resulting therefrom to Plaintiff, Jennifer Brink, Plaintiff, Ryan Brink, will be required to expend sums in the future for the medical care and treatment of his wife and has been required to expend sums in the past for such medical care and treatment. 4 WHEREFORE, Plaintiff, Ryan Brink, demands judgment in his favor and against Defendant in an amount in excess of $25,000, plus costs and fees and such other relief as this Court deems just and proper. Respectfully submitted, Michael J. d 'Connor, Esquire Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg„ PA 17108 (717) 232-1851 Attorney I. D. #76127 Dated: September, 2004 Attorneys for Plaintiffs SEP 2 0 2004 VERIFICATION I hereby verify that the statements of fact made in the; foregoing document are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements made therein are subject to the penalties contained in 19 Pa.C.S.A. §4904, relating to unswom falsification to authorities. 7a' t?jnk ' 43&L:Y=? Date: y/S/ y VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. IL? Rya rink Date: ? PS ? f N C?4 ?\ J 1 W J c G? V l 'moo r N Ti r. JENNIFER AND RYAN BRINK, husband and wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-4825 RONALD LEE ANDERSON CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To The Prothonotary of Berks County, Pennsylvania: Please enter my appearance on behalf of Defendant, Ronald Lee Anderson in the above- captioned action. Date: (/&Zr( a 7 , a y Peters & Wasilefski By: Thomas A. La+??+ uire Attorney ID 26 2931 North Front Street Harrisburg, PA 17110 717-238-7555 Attorney for Defendant, Ronald Lee Anderson JENNIFER AND RYAN BRINK, husband and wife, Plaintiffs RONALD LEE ANDERSON Defendant V. CER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-4825 CIVIL ACTION - LAW JURY TRIAL DEMANDED I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance, has been served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 27`h day of October 2004, and addressed as follows: Michael J. O'Connor, Esquire Killian & Gephart 218 Pine Street Post Office Box 886 Harrisburg, Pennsylvania 17108 Peters & Wasilefski c- r C'I co ri JENNIFER AND RYAN BRINK, husband and wife, Plaintiffs V. RONALD LEE ANDERSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-4825 CIVIL ACTION - LAW JURY TRIAL, DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and New Matter of Defendant, Ronald Lee Anderson within twenty (20) days from service hereof or a judgment may be entered against you. Peters & Wasilefski By: _ Thomas A. Las-' Attorne .5267 293 orth Front Street Harrisburg, PA 17110 717-238-7555 Date: 61A.4. -l ahoy Attorney for Defendant, Ronald Lee Anderson JENNIFER AND RYAN BRINK, husband and wife, Plaintiffs V. RONALD LEE ANDERSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-4825 CIVIL ACTION - LAW JURY TRIAL, DEMANDED ANSWER AND NEW MATTER AND NOW, comes Defendant, Ronald Lee Anderson ("Defendant"), by and through his attorneys, Peters & Wasilefski, and Answers Plaintiffs' Complaint and avers New Matter thereto as follows: 1. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and the same are therefore deemed denied and strict proof thereof is demanded. 2. Denied. After reasonable investigation Defendant its without knowledge or information sufficient to form a belief as to the truth of said allegations and the same are therefore deemed denied and strict proof thereof is demanded. 3. Admitted. 4. Denied. Said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). 5. Admitted in part and denied in part. It is admitted that on the date and at the general time in question, Defendant was the owner and operator of a 1989 Chevrolet Cavalier with Pennsylvania Registration EML7241 and was hearing northbound on Route 74/York Road in or about South Middleton Township, Cumberland County, Pennsylvania, behind Plaintiff's vehicle. Defendant specifically denies the remaining allegations of paragraph 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and the same are therefore deemed denied and strict proof thereof is demanded. 6. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response may be required, said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). 7. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response may be required, said allegations exe specifically denied in accordance with Pa. R.C.P. 1029(e). COUNTI NEGLIGENCE JENNIFER BRINK v. RONALD LEE ANDERSON 8. Defendant incorporates paragraphs 1 through 7 above by reference thereto as though set forth herein at length. 9. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response may be required, said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). 10. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 2 To the extent that a response may be required, said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). 11. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response may be required, said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiffs. COUNT II LOSS OF CONSORTIUM RYAN BRINK v. RONALD LEE ANDERSON 12. Defendant incorporates paragraphs 1 through 11 above by reference thereto as though set forth herein at length. 13. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and the same are therefore deemed denied and strict proof thereof is demanded. 14. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response may be required, said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). 15. Denied. Defendant is advised by counsel and therefore avers that said allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 3 To the extent that a response may be required, said allegations are specifically denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiffs. NEW MATTER 16. Defendant incorporates paragraphs 1 through 15 above by reference thereto as though set forth herein at length. 17. Defendant was presented with a sudden emergency and he exercised reasonable judgment in response thereto. 18. The accident and the resulting injuries and damages to Plaintiffs, if any, which are specifically denied, may have been caused or contributed to by third persons over whom Defendant had no duty to control or right of control. 19. The accident and the resulting injuries and damages to Plaintiffs, if any, which are specifically denied, may be due either in whole or in part to the negligence of third persons who are not presently parties to this litigation. 20. Plaintiffs' claims are barred and/or limited to the extent that Plaintiffs failed to mitigate their alleged injuries and damages, if any, which are specifically denied. 21. Plaintiffs' claims are barred and/or limited to the extent that Plaintiffs' injuries and damages, if any, which are specifically denied, pre-existed the happening of the accident in question. 22. Plaintiffs' claims are barred or limited in whole or in part to the extent that it is determined that Plaintiff was contributorily negligent. 4 23. In the event that it is determined that Plaintiff was contributorily negligent, and if Plaintiff's contributory negligence was fifty-one (51 %) percent or greater than all other negligence that contributed to the happening of the accident and the Plaintiffs' alleged injuries and damages, if any, which are specifically denied, then in that event, Plaintiffs' claims are barred by the operation of the Pennsylvania Comparative Negligence Act. 24. Plaintiffs' claims are limited and/or barred to the extent that they arise out of incidents/accident and/or injuries sustained subsequent to the happening of the accident in question and unrelated thereto. 25. Defendant reserves the right to plead any and all other available defenses as may be determined through the process of discovery and/or at trial. WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiffs. By: Date: 0 0/ Peters & Wasilefski Thomas A. Lang, Attorney 19 ,062670 2931 Noffh Front Street Harrisburg, PA, 17110 717-238-7555 Attorney for Defendant, Ronald Lee Anderson 5 VERIFICATION I hereby affirm that the following facts are correct:: I am the Defendant and am authorized to make this Verification; the attached Answer and New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Answer and New Matter is that of counsel and not of me. I have read the Answer and New Matter and to the extent that the same is based upon information which l[ have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the Answer and New Matter are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: JENNIFER AND RYAN BRINK, husband and wife, Plaintiffs V. RONALD LEE ANDERSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-4825 CIVIL ACTION - LAW JURY TRIAL. DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and New Matter, has been served on all parties of interest by placing the same in the United States mail, first- class postage pre-paid, at Harrisburg, Pennsylvania on this 15'h day of November, 2004, and addressed as follows: Michael J. O'Connor, Esquire Killian & Gephart 218 Pine Street Post Office Box 886 Harrisburg, Pennsylvania 17108 Peters & Wasile£ski r-tea ?? 1 JENNIFER BRINK and RYAN BRINK, Husband and Wife, Plaintiffs V. RONALD LEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :No. 04-4825 Civil Term JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes Plaintiffs, Jennifer and Ryan Brink, by and through their attorneys, Killian & Gephart, LLP, and hereby responds to Defendant's New Matter as follows: 16. Plaintiff hereby incorporates Paragraphs 1 through 15 of their Complaint as though fully set forth herein. 17. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is denied that Defendant was presented with a sudden emergency. It is further denied that Defendant exercised reasonable judgment in response thereto. 18. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.. By way of further response, without waiving the foregoing, it is denied that Plaintiff's injuries were caused or contributed by third persons of whom Defendant had no duty to control or right to control. 19. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that Plaintiff's injuries and damages are due in whole or in part to negligence of third persons who are not presently parties to this litigation. 20. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that Plaintiffs failed to mitigate their injuries and damages. 21. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that Plaintiffs' injuries and damages are the result of preexisting medical conditions. 22. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that Plaintiff was contributorily negligent. 23. Denied. The averments in this paragraph are; conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, without waiving the foregoing, it is specifically denied that Plaintiff was contributorily negligent. 2 24. Denied. It is specifically denied Plaintiffs' claims arose out of incidents/accidents sustained subsequent to the happening of the accident in question. 25. Defendant is able to amend his Answer and New Matter by consent of the undersigned counsel or by filing a motion with the court. WHEREFORE, Plaintiffs demand that judgment be entered in their favor and against Defendant in an amount in excess of $25,000, plus costs and fees and such other relief as this Court deems just and proper. Dated: A(d? Respectfully submitted, qVIL Michael J. 'Connor, Esquire Killian & Gephart 218 Pine "Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #76127 Attorneys for Plaintiffs 3 VERIFICATION I hereby certify that I have reviewed the allegations in. the foregoing Plaintiff's Reply to Defendant's New Matter herein. I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ?11?,,___ Michael J. 'Connor, Esquire Dated: ( Q611 CERTIFICATE OF SERVICE I, MICHAEL J. O'CONNOR, ESQUIRE, do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Thomas A. Lang, Esquire PETERS & WASILEFSKI 2931 North Front Street Harrisburg, PA 17110-1250 Dated: [ a( /a h 61 ? Michael J. 'Connor, Esquire Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #76127 Attorneys for Plaintiffs nJ n .a - r_ -Ti 71 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRINK JENNIFER ET AL VS ANDERSON RONALD LEE 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: ANDERSON RONALD LEE but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 10th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 42.50 .00 79.50 11/10/2004 KILLIAN & GEPHART Sworn and subscribed to before me this 17 w day of So answers: r R. Thomas Kli Sheriff of C mberland County A. D, I rothonotary COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 3. DEFENDANT/S/ Jennifer Brink et al Ronald Lee Anderson 2. 4. TYPE OF WRIT OR COMPLAINT Notice and Ccaplaint 12 SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Ronald Lee Anderson 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 2525 Rosstown Road Wellsville, PA 17367 7. INDICATE SERVICE'. O PERSONAL O PERSON IN CHARGE DEPUTIZE U ER MAI ? 1ST CLASS MAIL U POSTED U OTHER NOW 9/33 '20 04 I, SHERIFF OF COUNTY, PA, do hereby depu tze the sheriff of York COUNTY to execute ?makre return -according to law. This deputization being made at the request and risk of the plaintiff. -- - 8. SPECIAL INSTRUCTIONS Please mail return of service to Ctmlberland County Sheriff. Thank you. NO UCABLE ON WRIT-OF-EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. SERVICE CALL (717) 771-9601 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED HICHAEL O'CONNO1-t 218 PINE ST. PO BOX 885 IIBG,PA 17108 232-1851 9-24-04 (This area must be completed 8 notice is to be mailed). CUMBEi:LAND CO SHERIFF 11 1 acknowledge receipt of the wrn 14. DATE RECEIVED Kh gate or complaint as indicated above. R. AH R EN S 1 10-1- 904 ', M 16. HOW SERVED'. PERSONAL( ) RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ?). SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because am unable to locale the individual, company, etc. named above. (See remarks below.) 6 NAME AND TITLE OF INDIVIDUAL SERVED / ST ADDR S HER`g}F? OT SHOWN AB9A (Relationship to Defendant) Q. `mil ?n PF /1'ly e Y95 8! ? 19. Date o e / S 20. Time of Service "t:2 21. ATTEMPTS Date. Time M 16s t. Date Time Miles Int. Date Time MilesI Int? T? Miles Int, Date Time Miles nt Date Time Miles Int. y81 11w 23. Advance Costs 24. Service Costs ( 25. N/F 26. Miles Oe 7 \ 27. Postage 28 Sub Total 29. Pound 30 Notary / 1 31. Surchg 32. M. Costs j C / 1 33 Coals tie w Relun heck No 75.00 0 5L J L 1L? G Z J 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Can. 3a Postage/Not Found 39. Total Costs 40. Costs Due or Refund 5 ANSWERS 41 . AFFIRMED and subscribed to bN me Ihis_ 44. Signature of 45. T 42. day of Nov. . 20 Q443. °`? Dep. Sheriff ® dam/ -- --- i NOTA Notarial Seal 46. Signature of Y 47. D was Vangreen, Notary Fvtti i. Co inly Sheriff of York, York rk Count F9 of I?il) )tam M. Hose 11/05/04 Gcn?::Fission Expires Ma - 'd 1 "- 48. Signature of Foreign _ 49. DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE --rrv - Iueurei Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherri Office f n(}?? ;ate , N ?:J C':'? C? ?? r7 -..-1 r/. • `, ` '. '? ?`, <n ?L_I j-?rl r y?i JENNIFER BRINK and RYAN BRINK, Husband and Wife, Plaintiffs V. RONALD LEE ANDERSON, Defendant IN THE COURT OF COIF CUMBERLAND COUNT CIVIL ACTION - LAW No. 04-4825 Civil Term JURY TRIAL DEMANDED ORIGINAL PRAECIPE TO SETTLE. DISCONTINUE AND END Please mark the above-referenced case settled, discontinued and ended, with prejudice. Respectfully submitted, Michael J. O'Connor, Esquire Attorney ID No. 76127 KILLIAN & GEPHART, LLP 218 Pine Street PO Box 886 Harrisburg, PA 17108 (717) 232-1851 Dated: September 26, 2007 Counsel for the Plaintiffs -w..a 77 rj PO ::?