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Home My WebLink About05-1903 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ERIN M. SP ARLER, Plaintiff, No. OS: -19(jJ C,ull~ffl- VS. DROSOS N. KOSTOPOULOS, Defendant. NOTICE You have been sued in Coun. If you wish to defend against the daims 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 yOll 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 Plaintitf. 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 OUT WHERE YOU CAN GET LEGAL HELP. A VISO LISTED HA SIOO DE1HANDADO EN LA CORTE 5j "Sled desea defenderse dr. las quejas expuestas en las paginas siguientes, debe tamar accion dentro de veinte (20) dias a partir de la fencha en que recibio la demanda y el aviso. Usted debe presentar comparacencia escrita en persona 0 par abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las demandas en su contra. Se Ie avisa que 5i no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaclon por cualquier dinero rec1amado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO.O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA T AMENTE SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DlRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Anshne& Spar/a Ae:.' <'Le". Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170r3 Telephone No. (717) 249-3166 lnstine & Spar/a A,' ,,,,',.,',\.'I.."LV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ERIN M. SP ARLER, Plaintiff, No. oS' - N&3 Ctull~ ~ vs. DROSOS N. KOSTOPOULOS, Defendant. COMPLAINT AND NOW, TO WIT, this ~ day of April, 2005, comes the Plaintiff, Erin M, Sparler, by and through her attorneys, Anstine & Sparler, and files this Complaint upon the following statements, to wit: 1. Plaintiff, Erin M. Sparler, is an adult individual residing at 4213 Nantucket Drive, Mechanicsburg, Pennsylvania, 17050, 2, Defendant, Drosos N, Kostopoulos, is an adult individual whose last known address is 119 Carol Lane, Enola, Pennsylvania, 17025, 3, On or about February 2, 2005, Plaintiff, was operating a 2002 Audi A4 automobile in an eastwardly direction on Route 0944, Wertzville Road, at or near the Pine Hill intersection, 4, At all times relative hereto Defendant was operating a 2004 Ford Escape owned by CAB East LLC of260 Int N Circle, NW, Atlanta, Georgia, 30039, in an eastwardly direction in the same lane of travel as Plaintiff s vehicle, 5. The vehicle operated by Plaintiff was attempting to make a left hand turn onto Pine Hill Road and had come to a stop waiting for traffic on Wertzville Road heading in a westwardly direction so she could cross. 6, Plaintiffs vehicle had the left turn signal operating, 7. Defendant was negligent in failing to observe that Plaintiffs vehicle was stopped and struck Plaintiffs vehicle causing substantial, severe damage in excess of$7,683,84. 8. Defendant's negligence was the sole and proximate cause of the damages to Plaintiffs vehicle and resulting in incidental and consequential loss. 9. Plaintiffs vehicle required thirty-three (33) days to repair due to the extent of damage and unavailability of parts, 10. During the period of time that Plaintiffs vehicle was being repaired, Plaintiff was required to rent a vehicle from Enterprise Rent-A-Car at the rate of $27,24 per day. 11. Plaintiff incurred rental charges of$I,116.87, 12, The rental charges are reasonable and required, 13, Plaintiff has made demand upon Defendant for payment of the rental charges and Defendant has refused and continues to refuse to pay them in full, lllsti/lf & Sparler A;,""" ",t.,,, 2 Allslille& Spar/cr A"":,,\',c"';'-'.:L-,,l WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $8,800.71 plus interest and costs of suit. Respectfully submitted, ANSTINE & SP ARLER By: .,/ K' nneth J, Sparlet, EsqUl 117 East Market S York, PA 17401 (717) 846-8811 LD, No. 07435 3 Al1stil1e& Sparter AI1C',?N''''A:L"",. VERIFICATION The undersigned verifies that the statements contained herein are true and correct; the facts and allegations herein are based upon facts given by the Plaintiff to her counsel and are true and correct to the best of her personal knowledge, information and belief; that the language of said Plaintiff is that of counsel and that she has relied upon counsel in making this Complaint based upon her information. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. &4904, relating to unsworn falsification to authorities. ?'// 4",,1' M. Sparl ./ 'f.<l, AJ (: 0 \:t- r1l . ~ 3 ~ i2 . J0 ~ -tJ ~~F- Uoj- n C >f', ....' C:;,;l <= "-'" ~ :;u w c_ o .." --I ~~C -;1 ri1p::.-: -\'1'\\ ~ ~'~ :~~~~~ .',' _.:., ;; \;,:,"i (.,.) ~ cr', (0) SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01903 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPARLER ERIN M VS KOSTOPOULOS DROSOS N R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KOSTOPOULOS DROSOS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , KOSTOPOULOS DROSOS 119 CAROL LANE ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage 18.00 22.20 5.00 10.00 .37 55.57 " So answers: ./~ .... .......~- ./' ~-,'~'--"""'--,'~."-,,, ,,- ,,'''-~-~~'- --....-------:.-.'..--- .v<...-"."~-C::::::::-~_"."" R. Thomas Kline Sheriff of Cumberland County ANSTINE & SPARLER 05/17/2005 Sworn and subscribed to before me this /re.. day of ~ ,]..{;v (' A.D. , ~~U-.- a /rt/jp,.;Af'f Pro . otary ...------ Anstine & Spar~~RNEYSATLAW "1 "17 EAS1 MAPVE1 SWEET YOflKPA 17401 1ELEf'HONE (717) 846-8811 fAX (717) 852-8915 , IN THE coURT OF CO""ON pLEAS OF CUMllEJU,ANO coUNTY. PENNSYLV AN" CIVIL ACTION - LAW ERIN M. SP ARLER, No. 05-1903 Plaintiff, vs. Civil Term DROSOS N. KOSTOPOULOS, Defendant. pRAECIPE TO REINSTATE j{jndly _"""." CompW'" m'" in ." ,,,,,~ref""""'" ""'on on ApnlB. 2005 TO THE PROTHONOTARY: Respectfully submitted, ANSTINE & SP ARLER By: ,/- Anstine & Sparter AIIOfII'oI'VSAIU,W -- ~. <"""~ ...........-'01 p :-r:)~ mF? ~"'-; ?(' (1;).,.. :-< . ,. r-'r- ~--., ~n ~S 2: ::! ...., <;::> <;::> c.r, c... c:: :;e , 0'\ ~ c..> .. o '0 ~ ~::n ;Sf;; o~ ~-ri f.5F;f ;;;:--t "'.> :I) -<: SHERIFF'S RETURN - REGULAR CASE NO: 2005-01903 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPARLER ERIN M VS KOSTOPOULOS DROSOS N SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KOSTOPOULOS DROSOS the DEFENDANT at 1345:00 HOURS, on the 20th day of June , 2005 at 1445 ARMITAGE WAY MECHANICSBURG, PA 17055 by handing to DROSOS KOSTOPOULOS 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 18.00 7.40 .37 10.00 .00 35.77 So Answers: ?,~-.,<t:~ R. Thomas Kline 06/21/2005 ANSTINE & SPARLER Sworn and Subscribed to before By: I! -I '/ ~~cv-k ~~ . eputy Sli iff me this .2 3,~ day of ( ),( w..<- c2 0775 A . D . ( ~~~ C 'fhJ1L #' rothonotary , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ERIN M. SP ARLER, Plaintiff, No. 05-1903 vs. Civil Term DROSOS N. KOSTOPOULOS, Defendant. TO: Drosos N. Kostopoulos, 1445 Armitage Way, Mechanicsburg, PA, 17055 Date of Notice: July 12,2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION YORK COUNTY BAR CENTER 137 EAST MARKET STREET YORK, PENNSYLVANIA 17401 (717) 854-8755 stine& Sparler ArrORNEYSAfLAw nstine & Sparler ArrOlll>l{V<;AlVw ,. .i I CERTIFY THAT A COPY OF THIS NOTICE HAS BEEN SENT BY REGULAR MAIL ON THE DATE ABOVE GIVEN TO THE NAMED DEFENDANT AND TO DEFENDANT'S ATTORNEY OF RECORD, IF ANY EXISTS, AS OF THE DATE THEREOF. ~ ~ g//'><-' Kennet -, parI 2 . o G r,;:?, fj~ '- c:: ,-- - .&:" 3 ~ ..-\ :r;..,., n'f:;' -olfl eDO ".....1-, :,<{Sf, ~C:p ._)C> :;;7..rn (:) ,CI ")...- ':Q. "'1J :3: r-;-? <f\ o 4.nstine & Sparler A..r(iI>NF",A.Tl.Mi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ERIN M. SP ARLER, Plaintiff, No. 05-1903 vs. Civil Term DROSOS N. KOSTOPOULOS, Defendant. TO THE PROTHONOTARY: ENTER JUDGMENT in the above case for failure to file an Answer against Drosos N. Kostopoulos in favor of Erin M. Sparler in the sum of $8,800.71/with interest and costs of suit. I hereby certify that the Default Notice, a copy of which is attached hereto, was served on the Defendant by first class mail, postage prepaid on July 15,2005. Total: $8,800.71/ 252.30 (Interest) 220.55 (costs) $9,273,56 0)~ /,/\ /.; Kenneth J.~r, squire Anstine & Sparler 117 East Market Stree York,PA 17401 (717) 846-8811 LD, No, 07435 4,nstine & Sparler A'n-'RNF>SA,LAw {)(,l1 L,2005. Judgment entered by the Prothonotary this day according to the tenor of the above statement. 2 o :;; 0 ~ ~ 11 ;~E~;'~ 2: ~-'Ti -~.. r-== rnF :::-:-.' r -C/iTl ~.' -pO (JI -.: +" ?.:::> l.. 2, .l_l .....;. -,.) :~...:: ':{1 /( :3: ~~.,:o ,~~~ ~~-c.: ,;~'i r n .<___ r:: ;:~ --i en ::u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'VW CIVIL ACTION - LAW ERIN M. SP ARLER, Plaintiff, No. 05-1903 vs. Civil Term DROSOS N. KOSTOPOULOS, Defendant. TO: Drosos N, Kostopoulos, 1445 Annitage Way, Mechanicsburg, PA, 17055 Date of Notice: July 12, 2005 . IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION YORK COUNTY BAR CENTER 137 EAST MARKET STREET YORK, PENNSYLVANIA 17401 (717) 854-8755 ~stine & Sparler AJ1ORttEYS;;,rLAw enn ler, Anstine & Spar 117 East Market Street York,PA17401 (717) 846-8811 LO, No. 07345 f(l(i;(!,d 1-llS\o5 (NL ~\ nstine & Sparler A~AFu.w I CERTIFY THAT A COPY OF THIS NOTICE HAS BEEN SENT BY REGULAR MAIL ON THE DATE ABOVE GIVEN TO THE NAMED DEFENDANT AND TO DEFENDANT'S ATTORNEY OF RECORD, IF ANY EXISTS, AS OF THE DATE THEREOF. 2 ~ ;;D (:) ~ \ \:l C> - 0 f'-,) ~ C) c::) - -- C ,.;;.J --ll "" lrl -0 <.;..T' ~ ~ ~ F ..0 -.r:::: \ ~ ~ - fll U"l - --..::z r -t- -",,". o' ~._,. -- .' r---.. u' -' - OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CURT R. LONG CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 Date: Drosos N. Kostopoulos 1445 Armitage Way Mechanicsburg, PA 17055 No. 05-1903 RE: '1S: ERIN M. SPARLER, PLAINTIFF DROSOS N. KOSTOPO'JLOS, DEFENDANT Notice is given that a Judgment in the above captioned matter has been entered against you in the amount of $9,273.56 on {JUt A / ,..,7N\.\, I copy of all documents filed with the Prothonotary In support of the within judgment are enclosed. BY OF RLAND COUNTY C If you have any questions regarding this Notice, please contact: Kenneth J. Sparler, Esquire Anstine & Sparler 117 East Market Street York, PA 17401 (717) 846-8811 I. D. No. 07435 (This Notice is given in accordance with Pa.R.C.P. 236) ERIN M, SPARLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, 05-1903 DROSOS N. KOSTOPOULOS, Defendant CIVIL ACTION - LAW PETITION TO OPEN JUDGMENT AND RULE TO SHOW CAUSE 1. On April 13, 2005, a Complaint was filed with regards to the above- captioned action, 2, On July 14, 2005, because no responsive pleading was filed by the Defendant, the Plaintiff filed a Default Notice with the Prothonotary's Office. 3, On August 1, 2005, judgment was entered by the Prothonotary pursuant to the Rules of Default. 4. Pursuant to Pa. R.C.P. 237.3, the above-captioned Petition is filed to open the Default. 5, Because the answer to the Complaint states a meritorious defense to the Cornplaint and the Petition to Open the Judgment was filed within ten (10) days of the date of default, Defendant respectfully requests that the default entered on August 1, 2005 be opened and the matter proceed pursuant to the Rules, WHEREFORE, Defendant respectfully requests that the default be opened and the matter be allowed to proceed pursuant to the Rules. Respectfully submitted, NEALON GOVER & PERRY Date:~ By ~uflXi~ Michael S, Ferguson. Esquire Attorney 1.0, No, 83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 11~ day of ~ . 2005, I hereby certify that I have served the foregoing Petition to Open Judgment and Rule to Show Cause on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Kenneth J. Sparler, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 1L{~cr Michael S, Ferguson, Esquire -c'u' c.; 1 t' -::;F i to -<, :':: , (-=-"~ ~'~~~ -z: --I -<. (} G " '25 ~ ~ '- '" - - -0 -::;..: ~ ~ - ,:n ~3\8 Lib '.::t::~1 T'Y"j ;:'~~n ~"';, ~::":\ -~ :;q ..,,- <;? (;J N VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-1903 ERIN M. SPARLER, Plaintiff DROSOS N, KOSTOPOULOS. Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Drosos N. Kostopoulos, with regard to the above-captioned matter. Respectfully subrnitted, NEALON GOVER & PERRY Date: ~ tI d5 BY:~cL~ Michael S, Ferguson, Esquire I.D. No. 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this I \+- day of August, 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 sarne in the United States mail, postage prepaid, addressed to: Kenneth J, Sparler, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 1l~ Michael S. Ferguson, Esquire (' '-", 'r-/ Pb~ ~ ~ - ~ c t -'" -J () ~ ~ J ~ ~J- --u ~ : ".... , - ERIN M, SPARLER, Plaintiff VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1903 DROSOS N, KOSTOPOULOS. Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Erin M. Sparler C/o Kenneth J, Sparler, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 YOU ARE HEREBY NOTIFIED that the 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 & PERRY Date: ~ It los BY:~ Michael S. Ferguson, Esquire I.D. No, 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 ERIN M. SPARLER, Plaintiff VS, IN THE COURT OF COMMON PLi::AS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-1903 DROSOS N. KOSTOPOULOS, Defendant CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER 1, Admitted on information and belief, 2. Admitted. 3. Admitted. 4, Adrnitted. 5. Admitted, 6, Adrnitted. 7. Denied pursuant to Pa, RC,P. 1029(e). 8, Denied pursuant to Pa. RC.P, 1029(e), 9. Denied pursuant to Pa, RC,P. 1029(e). 10, Admitted in part, denied in part. It is admitted that the Plaintiff had rental car through Enterprise Rent-A-Car. It is denied that the Plaintiff was required to rent a vehicle from Enterprise Rent-A-Car. 11. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted, therefore the matter is denied pursuant to Pa, RC,P, 1029(e). 12, The Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted, therefore the matter is denied pursuant to Pa. RC.P, 1029(e), 13. Denied. The Defendant is only required to reimburse the Plaintiff for fair and reasonable expenses related to the charges incurred. Defendant is under no obligation to reimburse the Plaintiff exactly what she thinks is reasonable, Therefore the matter is denied pursuant to Pa. R.C.P. 1029(e), NEW MATTER 14, Paragraphs 1 through 13 are incorporated herein by reference thereto. 15. Plaintiff's claim with regards to damages alleged in paragraph 7 are subject to inter-cornpany arbitration as Plaintiff's insurance carrier and Defendant's insurance carrier are both signatories to that agreement. Therefore, the Plaintiff is not permitted to recover for the damages to her vehicle. 16. The Plaintiff's claims for damages to her vehicle are barred by the terms of her insurance policy. WHEREFORE, Defendant Drosos N, Kostopoulos, respectfully requests Plaintiff's claims for damages be dismissed with costs as allowed by law. Respectfully submitted, NEALON GOVER & PERRY Date:~ By 1Auf1J)1~ Michael S, Ferguson, Esquire Attorney 1.D. No. 83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Michael S, Ferguson, Esquire, make this Verification on behalf of the Defendant, Drosos N, Kostopoulos, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing Answer to Complaint With New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa,C.S.A. 34904 relating to unsworn falsification to authorities, iAJiJDi-~ Michael S. Ferguson, Esquire CERTIFICATE OF SERVICE AND NOW, this (\-\<- day of ~1- , 2005, I 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: Kenneth J, Sparler, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 ~JtD~ Michael S, Ferguson, Esquire o -D~7 ct';( }':"' ~ J.. :/1-' ......--, ~:fj ~~~i ~ '" = = U'O ". c::: en ~ X:n m.- :om 86 ~~'" C):!J Cfr'O om ~ :n -< -0 ::z:: '-;~ w jRECEIVED AUG 122005\ ERIN M, SPARLER, Plaintiff VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-1903 DROSOS N. KOSTOPOULOS. Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this ~, IS day of //-'7-V , 2005, a Rule is hereby issued upon the Plaintiff to show cause, if any, why the Default Judgment entered on August 1,2005, should not be opened, Rule returnable within Z-o days of the date of service, BY THE COURT: 77J J, Distribution: A. 'chael S. Ferguson, Esquire, 2411 North Front Street, Harrisburg, PA 17110 /enneth J. Sparler, Esquire, 117 East Market Street, YClrk, PA 17401 ~!j!\)V/\~i\SNi~3d 1 1'\1(\1'>';'-', ,""':, ~,rii .:,'--'~~In" r...""i ,I J~" ';'; ~-_',::::I~l .J 9S :2 }ld S I 5f1V SOUl AbV10NOH102d 3H1 :10 38IJ:\Q-{1311:J - 1stine & Sparler ArIOl"'H'SAlUW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ERIN M. SP ARLER, Plaintiff, No. 05-1903 vs. Civil Term DROSOS N. KOSTOPOULOS, Defendant. ANSWER TO PETITION TO OPEN JUDGMENT AND RULE TO SHOW CA USE AND NOW, TO WIT, this 19:t!L day of August, 2005, comes the Plaintiff, Erin M, Sparler, by her attorney, Kenneth J, Sparler, Esquire, of Anstine & Sparler, and files this Answer to Defendant's Petition to Open Judgment and Rule to Show Cause upon the following statements, to wit. I. Admitted. The Complaint was reinstated June 6, 2005 as a result of Defendant being unable to be found. Service upon Defendant was made June 20, 2005, 2. Admitted, On July 14, 2005, Notice of Default was filed with the Prothonotary and sent to Defendant at 1445 Armitage Way, Mechanicsburg, Pennsylvania, on July 15,2005. 3, Admitted. 4. Pa.R.C,P. 237.3 provides that a petition forrelieffromjudgment of non-pros or of default ", .. shall have attached thereto a verified copy of the Complaint or answer which Petitioner seeks leave to file." Defendant has failed to attach a verified copy of the Answer therefore Plaintiff is unable to determine whether the Answer states a meritorious cause of action or defense, 5. Plaintiff is unable to respond to the allegation that the Complaint states a meritorious defense as Defendant has failed to attach a copy to the Petition to Open pursuant to Pa.R.C,P, 237.3(b), Defendant's Petition to Open Judgment is not filed within ten (10) days of the date of Default. WHEREFORE, Plaintiff respectfully requests that the Petition to Open Judgment be dismissed and that the entry of judgment be confirmed. Respectfully submitted, ANSTINE & SPARLER By: ----- ~e 11 st M t Street York,PA 17401 (717) 846-8811 1.D. No. 07435 stine& Sparler ArrOllNCYSNUW 2 nstine & Sparler ArrOllf'./fYSAfL4W CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, at York, Pennsylvania, with first-class postage prepaid, as follows: Michael S. Ferguson, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Date:#t /~..J ~&-<- II e . . ar r, Esquire 3 2: '::,"" '2'> ,-:? <-" >": c- en \'.) N o "11 1,,,, f11-p:" ''Or<:' :\1'1: C'),i J '~'J,'~:~J (,.",C) ,;:",\i"'l\ '::::.\ ~y "lJ -.:<:' ....0 "$ (~? t;:" -- .,... PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, CAPTION OF THE CASE (entire caption must be stated in full) ERIN M. SPARLER, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1903 DROSOS N. KOSTOPOULOS, Defendant CIVIL ACTION - LAW 1, State matter to be argued (I.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Please list the Defendant's Petition to open judgment for the next available argument court. 2, Identify counsel who will argue case: (a) for plaintiff: Kenneth J. Sparler, Esquire Address: 117 East Market Street, York, PA 17401 (b) for defendant: Address: James G. Nealon, III, Esquire 2411 North Front Street, Harrisburg, PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: %/3/ / cr:;- t I Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this.3/<;Jt day of OCfJfi5T2005, I hereby certify that I have served the foregoing Praecipe for Listing Case for Argument on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Kenneth J, Sparler, Esquire ANSTINE & SPARLER 117 East Market Street York, PA 17401 James G, Nealon, III, Esquire G ~; ~ ", <= C~ "..n (/) r::~~ ! '" Cl -n , N -;:) r;? Anstine & SparZer A'IORN!VSI\ILn", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIN M. SPARLER, Plaintiff, No. 05-1903 VB. Civil Term DROSOS N. KOSTOPOULOS, Defendant. PRAECIPE TO SETTLE AND SATISFY TO THE PROTHONOTARY: Kindly settle and satisfy the docket in the above captioned matter. Respectfully submitted, ANSTINE & -<: /.-<.-<.- ler, Esquire Street (') .... s; ~ iii ~~~: r.-, ~ rtJ if; :.--l &~;::' ;f - ;s;:. 0\ :5:.... .-) l8 ~ :'?..... ~i:i ;z: ':? 0 ::; ~ 'i>! :n ~ -<