HomeMy WebLinkAbout05-2913
RAPHAEL K. CHIEKE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. (15- 1
GREGORY ALLEN ANSPACH and
LARRY L. ANSPACH
Defendants Civil Action - Law
PRAECIPE FOR WRIT OF SUMMONS
To the Prothonotary:
Please issue Writ of Summons in the above-captioned action.
The addresses of the Defendants are as follows:
Gregory Allen Anspach
66 Pleasant Drive
Myerstown, PA 17067
Larry L. Anspach
522 Canal Street
Lebanon, PA 17046
u
June 7, 2005
,AttbnWy for Plaintiff
ID No. 07069
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1300 Market Street - Suite 3, Lower Level
Lemoyne, PA 17043
Tel: (717) 761-4115
Fax: (717) 761-3446
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RAPHAEL K. CHIEKE,
Plaintiff
vs.
GREGORY ALLEN ANSPACH and
LARRY L. ANSPACH
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. U -, [ 2
Civil Action - Law
WRIT OF SUMMONS
To: GREGORY ALLEN ANSPACH
To: LARRY L. ANSPACH
You are hereby notified that Raphael K. Chieke has commenced an action against you.
June 7, 2005
Pr onotary ,,?"
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02913 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHIEKE RAPHAEL K
VS
ANSPACH GREGORY ALLEN ET AL
R. 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:
ANSPACH GREGORY ALLEN
but was unable to locate Him
deputized the sheriff of LEBANON
in his bailiwick. He therefore
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On June 21st , 2005 , this office was in receipt of the
attached return from LEBANON
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Lebanon Co 43.53
Postage .74
81.27
06/21/2005
WILLIAM GROSS
So answer •
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this day of
A.D.
Prothonotar
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02913 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHIEKE RAPHAEL K
VS
ANSPACH GREGORY ALLEN ET AL
R. 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:
ANSPACH LARRY L
but was unable to locate Him
deputized the sheriff of LEBANON
in his bailiwick. He therefore
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On June 21st , 2005 , this office was in receipt of the
attached return from LEBANON
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
L
06/21/2005
WILLIAM GROSS
Sworn and subscribed to before me
this .2-P- day of
-2-00S A.D.
ProthonotAr
So answers:
!- -?
R. 'T'homas Kline
Sheriff of Cumberland County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Raphael K. Chieke
vs.
Gregory Allen Anspach, et al
Serve: Larry L. Anspach No. 2005-2913 Civil
Now, June 9,- 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lebanon County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
copy of the original
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
20 , at o'clock M. served the
the contents thereof.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Raphael K. Chieke
vs.
Gregory Allen Anspach, et. al.
Serve: Gregory Allen Anspach No. 2005-2913 Civil
Now, Jun,- 9, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, :PA, do
hereby deputize the Sheriff of Lebanon
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof
Sheriff of
Sworn and subscribed before
me this day of , 20
20 , at o'clock M. served the
copy of the original
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
WRIT OF SUMMONS
No. 05-2913 Civil
Raphael K. Chieke
VS.
Gregory Allen Anspach and Larry L. Anspach
STATE OF PENNSYLVANIA }
COUNTY OF LEBANON } SS:
Albert J. Hajjar, Esquire
1300 Market Street - Suite 3
Lemoyne, PA 17043
(717) 761-4115
(Cumberland County Sheriff)
Docket Page 22213
David A. Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that
he served the within WRIT OF SUMMONS upon GREGORY ALLEN ANSPACH and
LARRY L. ANSPACH, the within named DEFENDANTS, as follows:
Upon GREGORY ALLEN ANSPACH, the within named DEFENDANT, by handing a true
and attested copies thereof, personally to him on June 14, 2005 at 3:00 P.M., at 723 Hill
Street, Apt. 1, Lebanon (City), Lebanon County, Pennsylvania, and by making known to
him the contents of the same.
And upon LARRY L. ANSPACH, the within named DEFENDANT, by handing a true and
attested copies thereof, personally to him on June 14, 2005 at 12:25 P.M., in the Sheriff's
Office, located at 400 South Eighth Street, Lebanon (City), Lebanon County, Pennsylvania,
and by making known to him the contents of the same.
Sworn to and subscribed before me
this 15th day of June, 2005
Notary Public
NOIARGAL SEAL
KIMBERLY A, BROW ER, Notary P+JD11c
City if LeDancn. Lehaacn County, Pa.
My Commission Expires Decemkr 1l. 2006
SO ANSWERS,
DEPUTY SHERIFF QCe
SHE IFF Cj
SHERIFF'S COSTS IN ABOVE PROCEEDINGS
Advanced Costs paid on 06/13/05 Check No. 50098 Amount $100.00
Costs Incurred: Amount $ 43.53
Refund: Check No. 17269 Amount $ 56.47
All Sheriff's Costs shall be due and payable when services are performed, and it shall be
lawful for him to demand and receive from the party instituting the proceedings, or any
party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be
obligated by law to make return thereof.
Sec. 2, Act of June 20, 1911, P. L. 1072
ANGINO & ROVNER, P.C.
Richard A. Sadlock, Esquire
Attorney ID# : 47281
4503 North Front Street
Harrisburg, PA 171 10-1708
PHONE: (717) 238-6791
FAX (717) 238-5610 Attorney for Plaintiff:
E-mail: rsadlockcr,aneino-rovner.com Raphael K Chieke
RAPHAEL K. CHIEKE
Plaintiff
V.
GREGORY ALLEN ANSPACH and
LARRY L. ANSPACH
Defendants
THE COURT OF COMMON PLEAS
F CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
O. 05-2913 Civil
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 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
(717) 249-3166
372691
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos
importantes para used.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
372691
ANGINO & ROVNER, P.C.
Richard A. Sadlock, Esquire
Attorney ID# : 47281
4503 North Front Street
Harrisburg, PA 17110-1708
PHONE: (717) 238-6791
FAX (717) 238-5610 Attorney for Plaintiff:
E-mail: rsadlock a angino-rovner.com Raphael K. Chieke
RAPHAEL K. CHIEKE N THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GREGORY ALLEN ANSPACH and O. 05-2913 Civil
LARRY L. ANSPACH
Defendants URY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Raphael Chieke is a citizen of the Commonwealth of Pennsylvania and
an adult individual who resides at 4146 Beaufort Hunt Drive, Harrisburg, Dauphin County,
Pennsylvania.
2. Defendant Gregory Allen Anspach is an adult individual and citizen of the
Commonwealth of Pennsylvania who resides at 522 Canal Street, Lebanon, Lebanon County,
Pennsylvania.
3. Defendant and Larry L. Anspach is an adult individual and citizen of the
Commonwealth of Pennsylvania who resides at 522 Canal Street, Lebanon, Lebanon County,
Pennsylvania.
4. The facts and occurrences hereinafter related took place on Wednesday, June 11,
2003, at the intersection of Lisburn Road and Creek Road in Lower Allen Township,
Cumberland County, Pennsylvania.
5. At that location, Creek Road is a two-lane roadway which travels east and west
with a posted speed limit of 35 miles per hour.
6. At that location, Lisburn Road is a two-lane roadway which travels north and
south with a posted speed limit of 40 miles per hour and is controlled by a stop sign.
7. At that time and place, Plaintiff Raphael Chieke was operating his 1992 Dodge
traveling west on Creek Road.
8. At that time and place, Defendant Gregory Allen Anspach was operating a 2002
Ford that was owned by Defendant Larry L. Anspach and was traveling northbound on Lisburn
Road.
9. At that time and place, Defendant Gregory Allen Anspach was traveling at a high
rate of speed and failed to stop at the stop sign, entered into the intersection, and violently
collided with the driver's side door of Plaintiff Raphael Chieke's vehicle.
COUNTI
RAPHAEL K. CHIEKE v. GREGORY ALLEN ANSPACH
10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by
reference.
372691 2
11. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff Raphael Chieke is the direct and proximate result of the negligent, careless
and reckless manner in which Defendant Gregory Allen Anspach operated his vehicle as follows:
(a) failure to keep alert and maintain a proper watch for traffic signs and the
presence of other motor vehicles on the highway;
(b) failure to travel at a safe speed while approaching an intersection;
(c) failure to stop or yield the right-of-way at a traffic sign;
(d) failure to apply his brakes in sufficient time to avoid the colliding with the
Chieke vehicle;
(e) failure to have proper and adequate control over his vehicle;
(f) failure to yield the right-of-way to Plaintiff's vehicle;
(g) failure to take reasonable evasive action to avoid the accident; and
(h) driving his vehicle upon the highway in a manner endangering persons
and property and in a reckless manner with careless disregard to the rights
and safety of others and in violation of the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
COUNT Il
RAPHAEL K. CHIEKE v. LARRY L. ANSPACH
12. Paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by
reference.
13. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff Raphael Chieke is the direct and proximate result of the negligence of
372691 3
Defendant Larry L. Anspach for entrusting the 2002 Ford to Defendant Gregory Allen Anspach as
follows.
(a) permitting Defendant Gregory Allen Anspach to operate the 2002 Ford
although he knew or should have known that he did not have any training,
experience and judgment to adequately control and operate the vehicle;
(b) permitting Defendant Gregory Allen Anspach to drive the vehicle, although
he knew or should have known that he was careless or reckless in the
operating of motor vehicles;
(c) failing to properly supervise the operation and use of the vehicle by
Defendant Gregory Allen Anspach;
(d) permitting Defendant Gregory Allen Anspach to operate the vehicle
although he knew or should have known he was not qualified to do so; and
(e) permitting Defendant Gregory Allen Anspach to operate the vehicle in
violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania.
CLAIM I
RAPHAEL K. CHIEKE v. GREGORY ALLEN ANSPACH
AND LARRY L. ANSPACH
14. Paragraphs 1 through 14 of Plaintiff's Complaint are incorporated herein by
reference.
15. Plaintiff Raphael Chieke sustained painful and severe injuries which include but
are not limited to neck pain, right and left shoulder/arm pain with numbness, weakness and
tingling in hands, low back pain and left leg pain.
16. By reason of the aforesaid injuries sustained by Plaintiff Raphael Chieke, he was
forced to incur liability for medical treatment, medications, hospitalizations and similar
miscellaneous expenses in an effort to restore himself to health, and claim is made therefor.
372691 4
17. Because of the nature of his injuries, Plaintiff Raphael Chieke has been advised
and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is
made therefor.
18. As a result of the aforementioned injuries, Plaintiff Raphael Chieke has
undergone and in the future will undergo great physical and mental suffering, great
inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and
claim is made therefor.
19. As a result of the aforesaid injuries, Plaintiff Raphael Chieke has been and in the
future will be subject to great humiliation and embarrassment, and claim is made therefor.
20. As a result of the aforementioned injuries, Plaintiff Raphael Chieke has sustained
work loss, loss of opportunity and a permanent diminution of his earning power and capacity,
and claim is made therefor.
WHEREFORE, Plaintiff Raphael Chieke demands judgment against Defendants Gregory
Allen Anspach and Larry L. Anspach in an amount in excess of Fifty Thousand Dollars
($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
AN VN
R K. Sadlock
. No. 47281
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Date: January 10, 2008 Attorney for Plaintiff
372691 5
VERIFICATION
I, RAPHAEL K. CHIEKE, Plaintiff, have read the foregoing and do hereby swear or
affirm that the facts set forth in the foregoing PLAINTIFF'S COMPLAINT are true and correct to
the best of my knowledge, information and belief. I understand that this Verification is made
subject to the penahies of 18 Pa.C.S.A. Section 4904, relating to unsworn falsiticatipp to authorities.
373016
Dated: I I '--? ) ts ?
CERTIFICATE OF SERVICE
I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of PLAINTIFF'S COMPLAINT on the
following via certified mail, return receipt requested, postage prepaid, first class United States
mail, addressed as follows:
Gregory Allen Anspach
522 Canal Street
Lebanon, PA 17046
Larry L. Anspach
522 Canal Street
Lebanon, PA 17046
q?amvl'?O,k?
Mar L. Brymesser
Date: January 10, 2008
372691
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ANGINO & ROVNER, P.C.
Richard A. Sadlock, Esquire
Attorney ID# : 47281
4503 North Front Street
Harrisburg. PA 17110-1708
PHONE: (717) 238-6791
FAX (717) 238-5610 Attorney for Plaintiff:
E-mail: rsadlock(c?,angino-rovner.com Raphael K Chieke
RAPHAEL K. CHIEKE
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
GREGORY ALLEN ANSPACH and
LARRY L. ANSPACH
Defendants
CIVIL ACTION - LAW
NO. 05-2913 Civil
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
This is to certify that on the 10th day of January, 2008, a true and correct copy of Plaintiff s
Complaint in the above action was mailed to the Defendants Gregory A. Anspach and Larry L.
Anspach via certified mail, return receipt requested. See certified mail receipts attached hereto.
Marcy L. B esse
ACCEPTANCE OF SERVICE
This is to certify that on the 1 Ith day of January, 2008, a true and correct copy of Plaintiffs
Complaint was served upon the Defendants via certified mail, return receipt requested. The signed
receipts and United States Postal Service tracking and confirmation slips are attached hereto.
Marc L.
Sworn to d subscribed before me this
?-7Say of Z7?? , 2008.
Notary Pub 9c
NOTARK SEAL
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or on the front if space permits.
1. Article Addressed to:
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D. Is delivery address different from Item 17 ? Yes
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3. Service Type
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? insured Mail ? C.O.D.
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(liansfer from service label)
Ps Form 3811, February 2004 Domestic Return Receipt 10259"24A-150
¦ Complete items 1, 2, and 3. Also complete n
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1. Article Addressed to: If YES, enter delivery address below: ? No
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2. Article Number 7006 0100 0001 8860 2425
(transfer from service label)
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08HB-00022
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants, Gregory Allen Anspach
and Larry L. Anspach
RAPHAEL K. CHIEKE,
PLAINTIFF
VS.
GREGORY ALLEN ANSPACH AND
LARRY L. ANSPACH,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2913
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 Defendants,
Gregory Allen Anspach and Larry L. Anspach.
The Defendants reserve the right to otherwise plead in this matter.
Date: February 15, 2008
By:
Donald R. Dorer, Esqfiir
Attorney for Defendants
Identification No. 39126
Respectfully submitted,
. ,
08HB-00022
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants, Gregory Allen Anspach
and Larry L. Anspach
RAPHAEL K. CHIEKE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS. '
GREGORY ALLEN ANSPACH AND
LARRY L. ANsPACH,
DEFENDANTS
No. 05-2913
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached EgM of Appearance to be
served by regular first class mail upon:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
Attorney for Plaintiff
Date: February 15, 2008
Donald R. Dorer, Esquire
Attorney for Defendants
CS C)
CID
N `- a
ANGINO & ROVNER, P.C.
Richard A. Sadlock, Esquire
Attorney ID# : 47281
4503 North Front Street
Harrisburg, PA 17110-1708
PHONE: (717) 238-6791
FAX (717) 238-5610 Attorney for Plaintiff:
E-mail: rsadlock(( ansino rovner com Raphael K. Chieke
RAPHAEL K. CHIEKE
Plaintiff
V.
GREGORY ALLEN ANSPACH and
LARRY L. ANSPACH
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2913 Civil
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled, satisfied, and discontinued.
Date: April 17, 2008
382488
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
08BB-00022
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants, Gregory Allen Anspach
and Larry L. Anspach
RAPHAEL K. CHIEKE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
GREGORY ALLEN ANSPACH AND
LARRY L. ANSPACH,
DEFENDANTS
No. 05-2913
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants
herein, and that he caused a true and correct copy of the attached Praecipe to Discontinue to be
served by regular first class mail upon:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
Attorney for Plaintiff
Date: April 21, 2008
Attorney for Defendants
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