HomeMy WebLinkAbout05-4044File #06-05-525
LAW OFFICES OF STEWART C. CRAWFORD
BY: Stewart C. Crawford, Esquire
ATTORNEY I.D. # 09827
223 North Monroe Street
P.O. Box E
Media, PA 19063
Telephone: (610) 565-7050
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
ALLSTATE INSURANCE COMPANY
a/s(o ALEIDA VELAZQUEZ
309 Lakeside Drive, Suite 100
Horsham, PA 19044
IN CIVIL ACTION
vs.
GERALD AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
and
ADRIENNE AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
NO.: D5 ?i(C?IY lrlU?l?+r1
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims
set forth in the followmg pages, you must take action within twenty
(20) days after this Complaint and notice are served, by emcnag a
written appearance personally or by an murmey and filing in writing
with the court your defenses or objections to the claims ad forth
against you. You are father warned that if you fail to do so the case
may proceed without you and a judgment maybe entered against you
by the court wshaut fivther notice fm any money claimed in the
Complaint or fm any other claim or reliefrequested 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 LAWYEROR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL UE1P.
Le ban demandado a usted en Is carte. Si usted quiere defenderse
de tam demandas esVaestas en las paginas sigmemes, usted tiene
veinte (20) dies de p1m at parer de In fecha de Is demands y Is
notificacion. Have fain asem it una campareocia escnta o W persona
o con as abogado y entregar a la owe en Roma sus defenses
o sus objectives a las demandas on contra de so persona. Sea
avisado que si usted an se defiende 1s come tomam modidas ypuede
continuo ila demands an contra says sin previo aviso o wificaciv.
Ademzq Is carte puede decidir a favor del demzndame y requiem que
sated cumpia can todas las provisions de cafe demanda. Hated
puede pacdes dinero o suspropiedsces a earns dereahos importames
pars usted.
USTED DEBE LLEVAR ESTA AVISO A UN
AROGADO ENESEQUIDA SI USTED NO TIENE UN ABOGADO
Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO.
DEBE COMUNICARSE CON LA SIGUBiNTE OFICINA PARA
AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL.
Cumberland County Court of Common Pleas
Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
File #06-05-525
LAW OFFICES OF STEWART C. CRAWFORD
BY: Stewart C. Crawford, Esquire
ATTORNEY I.D. # 09827
223 North Monroe Street
P.O. Box E
Media, PA 19063
Telephone: (610) 565-7050
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
ALLSTATE INSURANCE COMPANY IN CIVIL ACTION
als/o ALEIDA VELAZQUEZ
309 Lakeside Drive, Suite 100
Horsham, PA 19044 j
NO.: OS -
VS.
GERALD AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
and
ADRIENNE AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
COMPLAINT
Motor Vehicle Property Damage
01 L> i L F1Z!'?1
Plaintiff is an insurance company licensed and authorized to do business
in the Commonwealth of Pennsylvania with one of its principle places of
business at the above captioned address.
2. Defendant, Gerald Ahnell, is an adult individual and was the owner of the
motor vehicle involved in this incident on December 19, 2004, and at all
times pertinent hereto resided at the above-captioned address.
3. Defendant, Adrienne Ahnell, is an adult individual and at all times
pertinent hereto resided at the above-captioned address and was the
operator of Defendant owner's motor vehicle and did so as an agent,
servant, workman or employee on behalf of the owner.
4. On December 19, 2004, a motor vehicle insured by the Plaintiff, hereafter
the insured vehicle, was involved in an incident with Defendant driver.
5. On the aforesaid date, the insured vehicle was traveling eastbound in the
1500 block of Carlisle Road in Lower Allen Township, Cumberland
County, Pennsylvania, when the Defendant, who was traveling eastbound
in the 1500 block of Carlisle Road directly behind the insured vehicle, lost
control of the vehicle striking the insured vehicle causing damage.
6. Defendant driver was negligent and careless and the sole cause of this
incident in that Defendant driver:
(a) operated the vehicle at an unsafe rate of speed;
(b) was inattentive;
(c) failed to make proper observation;
(d) violated local laws and the laws of the Commonwealth of
Pennsylvania.
7. Pursuant to the aforesaid policy of insurance, Plaintiff became liable for
damages that arose out of this incident.
8. Due to this incident, expenses were incurred for damage to the insured
vehicle, towing, storage and car rental.
9. Pursuant to the aforesaid policy of insurance, the Common Law and
governing statutes, Plaintiff is subrogated for all money paid and seeks
recovery of these sums totaling $3,305.50.
COUNTI
PLAINTIFF vs. ADRIENNE AHNELL
10. Plaintiff incorporates paragraphs 1 through 9 inclusive as if fully set forth
at length herein.
11. Defendant is liable as the negligent driver.
WHEREFORE, Plaintiff demands judgment for $3,305.50 plus interest and costs
of suit.
COUNT II
PLAINTIFF vs. GERALD AHNELL
12. Plaintiff incorporates paragraphs 1 through 11 inclusive as if fully set forth
at length herein.
13. Defendant owner is liable under the Doctrine of Respondent Superior for the
negligence of Defendant driver.
14. Defendant owner was negligent in entrusting this motor vehicle to someone
who Defendant knew or could have known was a dangerous, unlicensed,
inexperienced or careless with a motor vehicle.
WHEREFORE, Plaintiff demands judgment for $3,305.50 plus interest and costs
of suit.
STEWART C. CRAWFO ESQUIRE
Attorney for Plaintiff
VERIFICATION
The undersigned hereby states that he is an authorized agent of Plaintiff
insurance company in this action and verifies that the statements contained in the
foregoing Complaint are true and correct. The undersigned understands that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unworn falsification to authorities.
7
STEWART . CRA O ESQU
Attorney for Plaintiff
Date: ?/ ???
OV)
^?^ ?;`';':. W n CND
Thomas S. Brumbaugh, Esquire
Attorney I.D. No. PA 89037
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 441-7060
ALEIDA VELAZQUEZ,
N THE COURT OF COMMON PLEAS
DF CUMBERLAND COUNTY,
IENNSYLVANIA
Plaintiff,
V.
GERALD AHNELL and ADRIENNE
AHNELL,
L ACTION - LAW
05-CV-4044
Defendants.
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Thomas S. Brumbaugh, Esquire, of Thomas,
Thomas & Hafer, LLP, on behalf of Defendants Gerald Ahnell and Adrienne Ahnell in
the above-captioned matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Dated: August 19, 2005
Thomas S. Brumb? ,Esquire
CERTIFICATE OF SERVICE
AND NOW, this 19th day of August, 2005, I, Thomas S. Brumbaugh, Esquire,
hereby certify that I sent a true and correct copy of the I`oregoing document by placing a
copy of the same in the United States Mail, postage prepaid, to the following:
Stewart C. Crawford, Esquire
LAW OFFICES OF STEWART C. CRAWFORD
223 North Monroe Street
P.O. Box E
Media, PA 19063
Attorney for Plaintiff
THOMAS, THOMAS & HAFER, LLP
7
B'77
Thomas S. Brumbau
N C
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.T. ? lT
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C3
Thomas S. Brumbaugh, Esquire
Attorney I.D. No. PA 89037
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P. O. Box 999
Harrisbura. PA 17108
ALLSTATE INSURANCE CC
ALEIDA VELAZQUEZ,
Plaintiff,
v
GERALD AHNELL and ADRIENNE
AHNELL,
Defendants
NAOMI VELAZQUEZ and DAVID
VELAZQUEZ,
TO: All Additional Defendants
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 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 Plaintiffs. 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:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
a/s/o
Defendants
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-CV-4044
IN THE COURT OF COMMON PL
OF CUMBERLAND COUNTY,
NOTICIA
Le han demando a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al
partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia
escrito a en persona o por obogado y archivar en la corte en forma escrita sus defensas
o sus objectiones a [as demandas en contra de su persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero o sus propiedades o ostros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN OBAGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIEN TE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Dated: August 24, 2005 By ?_`l
Thomas S. Bru augh, Esquire
Thomas S. Brumbaugh, Esquire
Attorney I.D. No. PA 89037
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108
(717) 441-7060
ALEIDA VELAZQUEZ,
Plaintiff,
V
ANY a/s/o
GERALD AHNELL and ADRIENNE
AHNELL,
Defendants
v
NAOMI VELAZQUEZ and DAVID
VELAZQUEZ,
Additional Defendants
for Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-CV-4044
DEFENDANTS' COMPLAINT AGAINST ADDITIONAL DEFENDANTS
AND NOW, pursuant to Pa. R.C.P. 2252(b), Defendants, Gerald Ahnell and
Adrienne Ahnell, by and through their attorneys, Thomas, Thomas & Hafer, LLP, file the
following Complaint against Additional Defendants, Naomi Velazquez and David
Velazquez as follows:
1. Defendants, Gerald Ahnell and Adrienne Ahnell, are adult individuals who
reside at 706 Drexel Hills Boulevard, New Cumberland, Cumberland County,
Pennsylvania 17070.
2. Additional Defendant, Naomi A. Velazquez, is an adult individual who
resides at 6 Sunset Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Additional Defendant, David Velazquez, is an adult individual who resides
at 6 Sunset Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050.
4. Plaintiff, Allstate Insurance Company a/s/o Aleida Velazquez, initiated this
action by filing a Complaint against Defendants Gerald Ahnell and Adrienne Ahnell on
or about August 8, 2005, in the Court of Common Pleas of Cumberland County,
Pennsylvania, Civil Action No. 05-4044
A copy of Plaintiff's Complaint is attached
hereto as Exhibit A.
5. Plaintiffs Complaint arises from a motor vehicle accident that occurred on
or about December 19, 2004 on Carlisle Road, Lower Allen Township, Cumberland
County, Pennsylvania.
6. At the time of the aforementioned accident, Additional Defendant Naomi
Velazquez was operating a 2000 Mitsubishi Mirage, which was owned by Additional
Defendant David Velazquez.
7. The aforementioned accident occurred when Additional Defendant Naomi
Velazquez lost control of her vehicle, striking the curb, and coming to rest blocking the
entire eastbound lane of Carlisle Road, directly in the path of the vehicle operated by
Defendant, Adrienne Ahnell.
8. Defendant, Adrienne Ahnell, was unable to avoid the vehicle operated by
Additional Defendant Naomi Velazquez.
9. Defendant, Gerald Ahnell's vehicle was a total loss as a result of the
damages sustained in this accident.
10. At the time of the accident, Defendant Gerald Ahnell's vehicle had an
actual cash value of $7,526.00.
2
I 1. Due to this accident, Defendant, Gerald Ahnell, incurred costs of $120.00
for towing of his vehicle, and received $780.00 for the salvage of the vehicle, for net
damages of $6,866.00.
COUNTI
Gerald Ahnell v. Naomi Velazquez
12. Defendants incorporate by reference, as though fully set forth herein, the
averments and denials contained in paragraphs 1 through 11 of this Complaint Against
Additional Defendants.
13. The damages and losses sustained by Defendant, Gerald Ahnell, was the
result of the negligent and careless conduct of Additional Defendant, Naomi Velazquez,
in that she:
(a) Failed to use due care under the circumstances;
(b) Failed to maintain proper control of her vehicle;
(c) Failed to maintain a proper lookout;
(d) Operated her vehicle too fast for conditions then existing in violation
of the Pennsylvania Motor Vehicle Code;
(e) Operated her vehicle at an unsafe and excessive rate of speed;
(f) Improperly slowed and/or braked her vehicle given the conditions
then existing;
(g) Failed to pay adequate attention to the traffic and road conditions;
(h) Created a dangerous and hazardous condition on the roadway;
(i) Blocked the roadway with her vehicle; and
3
(j) Failed to provide adequate warning of the dangerous and
hazardous condition that she created.
14. Defendant, Gerald Ahnell, has suffered damages and losses as a result of
the negligence and carelessness of Additional Defendant, Naomi Velazquez, in the
amount of $6,866.00.
WHEREFORE, Defendant, Gerald Ahnell, demands judgment against Additional
Defendant, Naomi Velazquez, in the amount of $6,866.00, plus interest and costs and
any other relief that this Court deems appropriate.
COUNT II
Gerald Ahnell v. David Velazquez
15. Defendants incorporate by reference, as though fully set forth herein, the
averments and denials contained in paragraphs 1 through 14 of this Complaint Against
Additional Defendants.
16. The damages and losses sustained by Defendant, Gerald Ahnell, was the
result of the negligent and careless conduct of Additional Defendant, David Velazquez,
in that he:
(a) Failed to use due care under the circumstances;
(b) Failed to properly teach and instruct Additional Defendant, Naomi
Velazquez, how to properly operate her vehicle;
(c) Failed to properly instruct and teach Additional Defendant, Naomi
Velazquez, how to maintain control of her vehicle;
(d) Failed to properly teach and instruct Additional Defendant, Naomi
Velazquez, how to properly driver her vehicle in snow and/or ice conditions;
4
(e) Failed to properly teach and instruct Additional Defendant, Naomi
Velazquez, how to properly stop her vehicle in snow and/or ice conditions;
(f) Entrusted his vehicle to Additional Defendant, Naomi Velazquez,
when he knew, or should have known, that she was not capable of driving the
vehicle in the weather conditions that existed at the time;
(g) Entrusted his vehicle to Additional Defendant, Naomi Velazquez,
when he knew, or should have known, that she was inexperienced in driving in
the weather conditions that existed at the time; and
(h) Entrusted his vehicle to Additional Defendant, Naomi Velazquez,
when he knew, or should have known, that she operated the vehicle negligently
and/or carelessly.
17. Defendant, Gerald Ahnell, has suffered damages and losses as a result of
the negligence and carelessness of Additional Defendant, David Velazquez, in the
amount of $6,866.00.
WHEREFORE, Defendant, Gerald Ahnell, demands judgment against Additional
Defendant, David Velazquez, in the amount of $6,866.00, plus interest and costs and
any other relief that this Court deems appropriate.
COUNT III
Adrienne Ahnell and Gerald Ahnell v. Naomi Velazquez and David Velazquez
18. Defendants incorporate by reference, as though fully set forth herein, the
averments and denials contained in paragraphs 1 through 17 of this Complaint Against
Additional Defendants.
5
19. If the averments contained in Plaintiff's Complaint are established, said
averments being specifically denied as they may relate to Defendants, Adrienne Ahnell
and Gerald Ahnell, then the losses and damages complained of were caused solely by
Additional Defendants, Naomi Velazquez and David Velazquez.
20. If Plaintiff is entitled to recover from any party, which recovery is expressly
denied, then Additional Defendants, Naomi Velazquez and David Velazquez, are alone
liable to Plaintiffs, or liable over to Defendants, Adrienne Ahnell and Gerald Ahnell, by
way of contribution and/or indemnification based upon Additional Defendants, Naomi
Velazquez and David Velazquez's negligence and carelessness as previously set forth.
21. If Defendants, Adrienne Ahnell and Gerald Ahnell, are found liable to the
Plaintiffs, all such liability being expressly denied, their liability is secondary and passive
to the liability of Additional Defendants, Naomi Velazquez and David Velazquez, whose
liability is primary and active.
22. If it is determined that Plaintiffs are entitled to recover any of the damages
set forth in their Complaint, which is specifically denied, then Additional Defendants,
Naomi Velazquez and David Velazquez, may be solely liable to Plaintiff, jointly liable to
Plaintiff, or liable over to Defendants, Adrienne Ahnell and Gerald Ahnell, for
contribution, indemnification, or both.
WHEREFORE, Defendants, Adrienne Ahnell and Gerald Ahnell, demand
judgment in their favor. In the alternative, if it is determined that Plaintiff is entitled to
recover against Defendants, Adrienne Ahnell or Gerald Ahnell, which is specifically
denied, then Defendants, Adrienne Ahnell and Gerald Ahnell, respectfully request that
this Honorable Court enter judgment against Additional Defendants Naomi Velazquez
6
and David Velazquez for joint and several liability, contribution, indemnification, or all
three, or sole liability to Plaintiff.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Dated: August 24, 2005 By:
Thomas S. Bru?gh, Esquire
41
7
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File #06-05-525
LAW OFFICES OF STEWART C. CRAWPORD
BY: Stewart C. Crawford, Esquire
ATTORNEY I.D. # 09827
223 North Monroe Street
P.O. Box E
Media, PA 19063
Telephone: (610) 565-7050
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
ALLSTATE INSURANCE COMPANY
a/s/o ALEIDA VELAZQUEZ
309 Lakeside Drive, Suite 100
Horsham, PA 19044
VS.
GERALD AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
and
ADRIENNE AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
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Cumberland County Courtof Common Pleas '
Court Administrator , .. .-.1 .
One Courthouse Square
Carlisle, PA 17013
(717) 240-0200
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File #06-05-525
LAW OFFICES OF STEWART C. CRAWFORD
BY: Stewart C. Crawford, Esquire
ATTORNEY I.D. # 09527
223 North Monroe Street
P.O. Box E
Media, PA 19063
Telephone: (610) 565-7050
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
ALLSTATE INSURANCE COMPANY
a/s/o A.LEIDA VELAZQ'UEZ
309 Lakeside Drive, Suite 100
Horsham, PA 19044
IN CIVIL ACTION
NO.:
vs
GERALD AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
and
ADRIENNE AHNELL
706 Drexel Hills Boulevard
New Cumberland, PA 17070
COMPLAINT
Motor Vehicle Property Damage
1. Plaintiff is an insurance company licensed and authorized to do business
in the Commonwealth of Pennsylvania with one of its principle places of
business at the above captioned address.
2. Defendant, Gerald Ahnell, is an adult individual and was the owner of the
motor vehicle involved in this incident on December 19, 2004, and at all
times pertinent hereto resided at the above-captioned address.
i
3. Defendant, Adrienne Ahnell, is an adult individual and at all times
pertinent hereto resided at the above-captioned address and was the
operator of Defendant owner's motor vehicle and did so as an agent,
servant, worlanan or employee on behalf of the owner.
4, On December 19, 2004, a motor vehicle insured by the Plaintiff, hereafter
the insured vehicle, was involved in an incident with Defendant driver.
5. On the aforesaid date, the insured vehicle was traveling eastbound in the
1500 block of Carlisle Road in Lower Allen Township, Cumberland
County, Pennsylvania, when the Defendant, who was traveling eastbound
in the 1500 block of Carlisle Road directly behind the insured vehicle, lost
control of the vehicle striking the insured vehicle causing damage.
6. Defendant driver was negligent and careless and the sole cause of this
incident in that Defendant driver:
(a) operated the vehicle at an unsafe rate of speed;
(b) was inattentive;
(c) failed to make proper observation;
(d) violated local laws and the laws of the Commonwealth of
Pennsylvania.
7. Pursuant to the aforesaid policy of insurance, Plaintiff became liable for
damages that arose out of this incident.
8. Due to this incident, expenses were incurred for damage to the insured
vehicle, touring, storage and car rental
9. Pursuant to the aforesaid policy of insurance, the Common Law and
governing statutes, Plaintiff is subrogated for all money paid and seeks
recovery of these sums totaling $3,305.50.
2
COUNTI
PLAINTIFF vs. ADRIENNE AFINELL
10. Plaintiff incorporates paragraphs I through 9 inclusive as if fully set forth
at length herein.
11. Defendant is liable as the negligent driver,
WHEREFORE, Plaintiff demands judgment for $3,305.50 plus interest and costs
of suit.
COUNT if
PLAINTIFF vs, GERALD AHNELL
12. Plaintiff incorporates paragraphs 1 through I I inclusive as if fatly set forth
at length herein.
13. Defendant owner is liable under the Doctrine of Respondent Superior for the
negligence of Defendant driver.
14. Defendant owner was negligent in entrusting this motor vehicle to someone
who Defendant knew or could have known was a daug,,.., mlicensed.
inexperienced or careless with a motor vehicle.
WHEREFORE, Plaintiff demands judgment for $3,305.50 plus interest and costs
of suit.
STEWART C. CRAWFO , ESQUM
Attorney for Plaintiff
3
VF,RIPICATION
The undersigned hereby states that he is an authorized agent of Plaintiff
insurance company in this action and verifies that the statements contained in the
foregoing Complaint are true and correct. The undersigned understands that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unswom falsification to authorities.
j
N
4A RT .CO ,ESQUTR?
for Plaintiff
Date: f/.yes
VERIFICATION
I, Gerald Ahnell, verify that the attached Complaint Against Additional Defendants
is based upon the information which has been gathered by me, my counsel and/or
others on my behalf in preparation of the defense of this lawsuit. The language of the
document is that of counsel and is not mine. I have read the document, and to the
extent that it is based upon information which I have given to my counsel, it is true and
correct to the best of my knowledge, information, and belief. To the extent that the
contents of the document are that of counsel, I have relied upon counsel in making this
verification.
I understand that this verification is subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsifications made to authorities.
Date: SAZ3/DS?-
i
Gerald Ahnell
VERIFICATION
I, Adrienne Ahnell, verify that the attached Complaint Against Additional
Defendants is based upon the information which has been gathered by me, my counsel
and/or others on my behalf in preparation of the defense of this lawsuit. The language
of the document is that of counsel and is not mine. I have read the document, and to
the extent that it is based upon information which I have given to my counsel, it is true
and correct to the best of my knowledge, information, and belief. To the extent that the
contents of the document are that of counsel, I have relied upon counsel in making this
verification.
I understand that this verification is subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsifications made to authorities.
Date: 0 °b 12 -?> /6S
CERTIFICATE OF SERVICE
AND NOW, this 24' day of August, 2005, I, Thomas S. Brumbaugh, Esquire,
hereby certify that I sent a true and correct copy of the foregoing document by placing a
copy of the same in the United States Mail, postage prepaid, to the following:
Stewart C. Crawford, Esquire
LAW OFFICES OF STEWART C. C:RAWFORD
223 North Monroe Street
P.O. Box E
Media, PA 19063
Attorneys for Plaintiff
Naomi Velazquez and
David Velazquez
6 Sunset Circle
Mechanicsburg, PA 17050
Additional Defendants
THOMAS, THOMAS & HAFER, LLP
By: ?->
Thomas S. Brumbaugh
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Thomas S. Brumbaugh, Esquire
Attorney I.D. No. PA 89037
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108
ALLSTATE INSURANCE CC
ALEIDA VELAZQUEZ,
Plaintiff,
v
GERALD AHNELL and ADRIENNE
AHNELL,
Defendants
V.
NAOMI VELAZQUEZ and DAVID
VELAZQUEZ,
Defendants
CIVIL ACTION - LAW
NO. 05-CV-4044
NOTICE TO PLEAD
TO: Allstate Insurance Company
c/o Stewart C. Crawford, Esquire
223 North Monroe Street
P.O. Box E
Media, PA 19063
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof or a default judgment may be entered against you.
Respectfully submitted,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS, THOMAS & HAFER, LLP
Dated: August 24, 2005
Thomas S. Brumbaugh' squire
Thomas S. Brumbaugh, Esquire
Attorney 1. D. No. PA 89037
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P, O. Box 999
Harrisburg, PA 17108
ALLSTATE INSURANCE CC
ALEIDA VELAZQUEZ,
Plaintiff,
v
GERALD AHNELL and ADRIENNE
AHNELL,
Defendants
v
NAOMI VELAZQUEZ and DAVID
VELAZQUEZ,
Additional Defendants
CIVIL ACTION - LAW
NO. 05-CV-4044
DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, come Defendants, Gerald Ahnell and Adrienne Ahnell, by and
through their attorneys, Thomas, Thomas & Hafer, LLP, and file the following Answer
with New Matter to Plaintiffs Complaint, as follows:
1. Admitted.
2. Admitted.
3. Admitted in part, denied in part. Defendants admit that Defendant,
Adrienne Ahnell, is an adult individual, resides at 706 Drexel Hills Blvd., New
Cumberland, Pennsylvania, and operated a 1999 Volkswagen Golf owned by
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
a/s/o
Defendant, Gerald Ahnell, on December 19, 2004. The remaining averments are
denied as conclusions of law to which no response is necessary and pursuant to
Pa. R.C.P. 1029(e).
4. Denied pursuant to Pa.R.C.P. 1029(e). Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments in
this paragraph, and proof thereof is demanded at trial.
5. Denied pursuant to Pa.R.C.P. 1029(e). Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments in
this paragraph, and proof thereof is demanded at trial.
6. The averments in paragraph 6, including subparagraphs (a) through (d)
are denied as conclusions of law to which no response is required, and pursuant to
Pa.R.C.P. 1029(e). By way of further answer, Defendants specifically deny that
Defendant, Adrienne Ahnell was negligent or careless. Furthermore, it is specifically
denied that Defendant, Adrienne Ahnell:
a. Operated the vehicle at an unsafe speed;
b. Was inattentive;
C. Failed to make proper observation; or
d. Violated local laws and the laws of the Commonwealth of
Pennsylvania.
7. Denied as a legal conclusion to which no response is required and
pursuant to Pa.R.C.P. 1029(e). Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments in this paragraph, and proof
thereof is demanded at trial.
2
8. Denied pursuant to Pa.R.C.P. 1029(e). Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments in
this paragraph, and proof thereof is demanded at trial.
9. Denied as a legal conclusion to which no response is required and
pursuant to Pa.R.C.P. 1029(e). Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments in this paragraph, and proof
thereof is demanded at trial.
COUNTI
PLAINTIFF v. ADRIENNE AHNELL
10. Defendants incorporate by reference as though fully set forth herein, the
averments and denials contained in paragraphs 1 through 9 of this Answer with New
Matter.
11. Denied as a legal conclusion to which no response is required and
pursuant to Pa.R.C.P. 1029(e). By way of further answer., Defendants specifically deny
that Defendant, Adrienne Ahnell was negligent.
WHEREFORE, Defendants requests this Honorable Court enter judgment in their
favor and against Plaintiff, and that the Plaintiffs Complaint be dismissed.
COUNT II
PLAINTIFF v. GERALD AHNELL
12. Defendants incorporate by reference as though fully set forth herein, the
averments and denials contained in paragraphs 1 through 11 of this Answer with New
Matter.
3
13. Denied as a legal conclusion to which no response is required and
pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendants specifically deny
that Defendant, Adrienne Ahnell was negligent.
14. Denied as a legal conclusion to which no response is required and
pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendants specifically deny
that Defendant, Gerald Ahnell was negligent, and that Defendant Adrienne Ahnell was
dangerous, unlicensed, inexperienced or careless.
WHEREFORE, Defendants requests this Honorable Court enter judgment in their
favor and against Plaintiff, and that the Plaintiffs Complaint be dismissed.
NEW MATTER
15. Defendants incorporate by reference as though fully set forth herein, the
averments and denials contained in paragraphs 1 through 14 of this Answer with New
Matter.
16. Any and all damages, and losses allegedly sustained by Plaintiff may have
been due to the negligence and carelessness of Plaintiff's insured, and such conduct
serves to reduce or bar Plaintiff's recovery pursuant to the terms of the Pennsylvania
Comparative Negligence Act, 42 Pa.C.S.A. § 7102.
17. Any and all negligence of Additional Defendants, Naomi Velazquez and
David Velazquez is imputed to Plaintiff and serves to reduce or bar Plaintiff's recovery
pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §
7102.
18. Plaintiff, Allstate Insurance Company, has no greater rights than its
insured, Aleida Velazquez.
4
19. Plaintiff, Allstate Insurance Company's right to recover is limited to the
extent of Aleida Velazquez's ownership interest in the damaged property.
20. Aleida Velazquez may not have had an insurable interest in the damaged
vehicle.
21. Aleida Velazquez may not have suffered any financial loss as a result of
the accident that is the subject of Plaintiffs Complaint.
22. Plaintiff, Allstate Insurance Company may have no right of subrogation.
23. Plaintiff's Complaint may fail to state a cause of action upon which relief
can be granted.
24. Plaintiffs claims may be barred by the Statute of Limitations as set forth in
the Pennsylvania Judicial Code and/or under the Lamp v. Heyman doctrine.
25. Defendants were not negligent or careless in any manner whatsoever.
26. The alleged conduct of Defendants was not the proximate cause of any
damages or losses sustained by the Plaintiff.
27. At the time of the accident, Defendant, Adrienne Ahnell was confronted
with a situation that was unforeseeable and beyond the control of the Defendants.
28. At all time mentioned herein, Defendants exercised reasonable care.
29. Defendant, Adrienne Ahnell was confronted with a sudden emergency.
30. The accident referred to in Plaintiffs Complaint was completely
unavoidable by Defendants.
31. Any acts or omissions of the part of Defendants were not substantial
causes or factors of the subject incident and/or did not result in the losses alleged by
Plaintiff.
5
32. Plaintiff's cause of action may be barred by contributory negligence.
33. Plaintiff may have assumed the risk of injury.
34. Plaintiffs alleged damage may be pre-existing conditions or due to
unrelated events and may not be a result of the incident alleged in Plaintiffs Complaint.
35. Any damages or losses allegedly sustained by Plaintiff may have been
proximately caused by individuals and entities other than Defendants, including but not
limited to Plaintiff, and others.
36. The damages and losses sustained by the Plaintiff, if any, may have been
the result of negligent and careless conduct of Additional Defendant, Naomi Velazquez,
in that she:
a. Failed to use due care under the circumstances;
b. Failed to maintain proper control of her vehicle;
C. Failed to maintain a proper lookout;
d. Operated her vehicle too fast for conditions then existing in violation
of the Pennsylvania Motor Vehicle Code;
e. Operated her vehicle at an unsafe and excessive rate of speed;
f. Improperly slowed and/or braked her vehicle given the conditions
then existing;
g. Failed to pay adequate attention to the traffic and road conditions;
h. Created a dangerous and hazardous condition on the roadway;
L Blocked the roadway with her vehicle; and
j. Failed to provide adequate warning of the dangerous and
hazardous condition that she created.
6
37. The damages and losses sustained by the (Plaintiff, if any, may have been
the result of negligent and careless conduct of Additional Defendant, David Velazquez,
in that he:
a. Failed to use due care under the circumstances;
b. Failed to properly teach and instruct Additional Defendant, Naomi
Velazquez, how to properly operate her vehicle;
C. Failed to properly instruct and teach Additional Defendant, Naomi
Velazquez, how to maintain control of her vehicle;
d. Failed to properly teach and instruct Additional Defendant, Naomi
Velazquez, how to properly driver her vehicle in snow and/or ice conditions;
e. Failed to properly teach and instruct Additional Defendant, Naomi
Velazquez, how to properly stop her vehicle in snow and/or ice conditions;
f. Entrusted his vehicle to Additional Defendant, Naomi Velazquez,
when he knew, or should have known, that she was not capable of driving the
vehicle in the weather conditions that existed at the time;
g. Entrusted his vehicle to Additional Defendant, Naomi Velazquez,
when he knew, or should have known, that she was inexperienced in driving in
the weather conditions that existed at the time; and
h. Entrusted his vehicle to Additional Defendant, Naomi Velazquez,
when he knew, or should have known, that she operated the vehicle negligently
and/or carelessly.
7
38. Plaintiffs claims may be barred by the defenses of release, accord and
satisfaction, waiver, estoppel, res judicata, the terms of a contract or express warranty,
or an award at arbitration as may be shown by discovery in this case.
WHEREFORE, Defendants requests this Honorable Court enter judgment in their
favor and against Plaintiff, and that the Plaintiffs Complaint be dismissed.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Dated: August 24, 2005 ey:
Thomas S. Brumba' Esquire
8
VERIFICATION
I, Gerald Ahnell, verify that the attached Answer with New Matter is based upon
the information which has been gathered by me, my counsel and/or others on my behalf
in preparation of the defense of this lawsuit. The language of the document is that of
counsel and is not mine. I have read the document, and to the extent that it is based
upon information which I have given to my counsel, it is true and correct to the best of
my knowledge, information, and belief. To the extent that the contents of the document
are that of counsel, I have relied upon counsel in making this verification.
I understand that this verification is subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsifications made to authorities.
Date: z /DS'
Gerald Ahnell
VERIFICATION
I, Adrienne Ahnell, verify that the attached Answer with New Matter is based upon
the information which has been gathered by me, my counsel andlor others on my behalf
in preparation of the defense of this lawsuit. The language of the document is that of
counsel and is not mine. I have read the document, and to the extent that it is based
upon information which I have given to my counsel, it is true and correct to the best of
my knowledge, information, and belief. To the extent that the contents of the document
are that of counsel, I have relied upon counsel in making this verification.
I understand that this verification is subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsifications made to authorities.
Date: 0 8L2 ?) 10?
CERTIFICATE OF SERVICE
AND NOW, this 24"' day of August, 2005, I, Thomas S. Brumbaugh, Esquire,
hereby certify that I sent a true and correct copy of the foregoing document by placing a
copy of the same in the United States Mail, postage prepaid, to the following:
Stewart C. Crawford, Esquire
LAW OFFICES OF STEWART C. CRAWFORD
223 North Monroe Street
P.O. Box E
Media, PA 19063
Attorneys for Plaintiff
Naomi Velazquez and
David Velazquez
6 Sunset Circle
Mechanicsburg, PA 17050
Additional Defendants
THOMAS, THOMAS & HAFER, LLP
By
homas S. BrumbaugJ?
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLSTATE INSURANCE COMPANY
VS
GERALD ET AL
SHARON LANTZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
AHNELL ADRIENNE the
DEFENDANT , at 1105:00 HOURS, on the 11th day of Auqust , 2005
at 706 DREXEL HILLS BOULEVARD
NEW CUMBERLAND, PA 17070 by handing to
ADRIENNE AHNELL
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this -Wo
day of
bbd A.D.
rot n tart'
So Answers:
- -11
R. Thomas Kline
08/12/2005
STEWART CRAWFORD
By:
Deputy Sher f
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLSTATE INSURANCE COMPANY
VS
ANHELL GERALD ET AL
SHARON LANTZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
AHNELL GERALD
the
DEFENDANT
, at 1105:00 HOURS, on the 11th day of August , 2005
at 706 DREXEL HILLS BOULEVARD
NEW CUMBERLAND, PA 1707
ADRIENNE AHNELL. ADULT IN CHARGE
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 12.80
Affidavit .00
Surcharge 10.00 R. Thomas Kline
nn
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Sworn and Subscribed to before
me this - day of
AUK/ ?? ??D J A. D.
08/12/2005
STEWART CRAWFORD
By:
Deputy Sherif
roth(notaary
I
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLSTATE INSURANCE COMPANY
VS
ANHELL GERALD
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT JOINING ADDL was served upon
VELAZQUEZ NAOMI Z the
'TL DEFEND. , at 2049:00 HOURS, on the 14th day of September, 2005
at 6 SUNSET CIRCLE
MECHANICSBURG, PA 17050 by handing to
NAOMI VELAZQUEZ
a true and attested copy of COMPLAINT JOINING ADDL together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.60
Postage .37
Surcharge 10.00
.00
37.97
Sworn and Subscribed to before
me this day of
SQ d A.D.
P oth0
So Answers:
R. Thomas Kline
09/15/2005
THOMAS THOMAS HAFER
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLSTATE INSURANCE COMPANY
VS
ANHELL GERALD ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT JOINING ADDL was served upon
VELAZQUEZ DAVID the
ADD'TL DEFEND.
, at 2049:00 HOURS, on the 14th day of September, 2005
at 6 SUNSET CIRCLE
MECHANICSBURG, PA 17050 by handing to
NAOMI VELAZQUEZ ADULT IN CHARGE
a true and attested copy of COMPLAINT JOINING ADDL
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this J-( day of
So Answers:
R. Thomas Kline
09/15/2005
THOMAS THOMAS HAFER
By: Deputy Sheriff
ALLSTATE INSURANCE COMPANY
A/S/O ALEIDA VELAZQUEZ
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4044 CIVIL
GERALD AND ADRIENNE AHNELL
Defendants
NAOMI Z. AND DAVID VELAZQUEZ
Additional Defendants
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Additional
Defendants, Naomi Z. Velazquez and David Velazquez, with regard to the above-
captioned matter.
Date: !c) Jo?
Respectfully submitted,
NEALON & GOVER, P.C.
By:
C se G. Shore, Esquire
I.D. # 85321
2411 North Front Street
Harrisburg, PA 17110
717-232-9900
CERTIFICATE OF SERVICE
AND NOW, this 5th day of October, 2005, 1 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:
Thomas S. Brumbaugh, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Stewart C. Crawford, Esquire
223 North Monroe Street
P.O. Box E
Media, PA 19063
Date: WS,
Case. Shore, Esquire
I. D. # 85321
2411 North Front Street
Harrisburg, PA 17110
717-232-9900
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ALLSTATE INSURANCE COMPANY
A/S/O ALEIDA VELAZQUEZ
Plaintiff
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4044 CIVIL
GERALD AND ADRIENNE AHNELL
Defendants
NAOMI Z. AND DAVID VELAZQUEZ
Additional Defendants
CIVIL ACTION- LAW
PRAECIPE FOR RULE TO FILE A COMPLIANT
TO THE PROTHONOTARY:
Please issue a Rule upon Thomas Brumbaugh, Esquire and Defendants, Gerald and Adrienne
Ahnell to file a Complaint within twenty (20) days or suffer a judgment of non pros.
Respectfully submitted,
Date: pr 6LV
TO THE DEFENDANTS:
NEALON GOVER & PERRY
By: A1"-?
L
Cage} G. Shore, Esquire
I.D. #: 85321
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
RULE
A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service
of this Rule or suffer a judgment of non pros.
DATED: Oc+ ;2
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Pr thonotary-
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ALLSTATE INSURANCE COh
ALEIDA VELAZQUEZ,
Plaintiff,
V.
GERALD AHNELL and ADRIENNE AHNELL,
Defendants
V.
NAOMI VELAZQUEZ and DAVID VELAZQUEZ,
CIVIL ACTION - LAW
NO. 05-CV-4044
ST IPULATION
IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel that the
caption be amended to read "Allstate Insurance Company a/s/o David Velazquez" instead of
"Allstate Insurance Company a/s/o Aleida Velazquez." It is further stipulated and agreed that all
references to Aleida Velazquez in Plaintiff's Complaint and Defendants' Answer with New
Matter to Plaintiff's Complaint are hereby changed to David Velazquez.
b(P %(O y LAW OFFICES O W T C. CRAWFORD
Jl?
Date y1 Stewart C. rawford, Esquire
Attorneys for Plaintiff
THOMAS, TH S & HAFER, LLP
Date Thomas S. Brumbaugh, Esquire
Attorneys for Defendants Ge d Ahnell and
Adrienne Ahnell
NEALON & GONER
lap/ Cb .a u
Date s , --m a? .$ eoe ,
Attorneys-Tor Defendants Naomi VuI.T2quez
and David Velazquez
386228.1
IN THE GUUK I OF UUMMUN FLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CERTIFICATE OF SERVICE
AND NOW, this 7m day of November, 2005, I, Thomas S. Brumbaugh, Esquire,
hereby certify that I sent a true and correct copy of the foregoing document by placing a
copy of the same in the United States Mail, postage prepaid, to the following:
Stewart C. Crawford, Esquire
LAW OFFICES OF STEWART C. CRAWFORD
223 North Monroe Street
P.O. Box E
Media, PA 19063
Attorneys for Plaintiff
Casey G. Shore, Esquire
NEALON GOVER & PERRY
2411 N. Front Street
Harrisburg, PA 17110
Attorneys forAdditional Defendants
THOMAS, THOMAS & HAFER, LLP
By:
Thomas S. Brumbaugh:
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ALLSTATE INSURANCE COMPANY
A/S/O ALEIDA VELAZQUEZ
Plaintiff
VS.
GERALD AND ADRIENNE AHNELL
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4044 CIVIL
NAOMI Z. AND DAVID VELAZQUEZ .
Additional Defendants: CIVIL ACTION -• LAW
ANSWER OF ADDITIONAL DEFENDANTS NAOMI AND DAVID VELAZQUEZ TO
THE COMPLAINT FILED BY DEFENDANTS GERALD AND ADRIENNE AHNELL
1- 6. Admitted based upon information and belief.
7. Admitted in part; denied in part. It is admitted that the vehicle being driven
by Defendant Naomi Velazquez struck a curb and came to rest within the eastbound
lane of Carlisle Road. Any inferences contained within this averment relating to
causation of this accident as to Naomi Velazquez is denied.
8. Denied.
9 -11. Admitted based upon information and belief.
COUNT1
GERALD AHNELL V. NAOMI VELAZQUEZ
12. No answer required.
13-14. Denied pursuant to Rule 1029(e) of the Pa. R.C.P.
WHEREFORE, additional Defendant Naomi Velazquez respectfully requests that
Count 1 of Defendants' Complaint be dismissed with costs to be paid by Gerald Ahnell.
COUNT II
GERALD AHNELL v. DAVID VELAZQUEZ
15. No answer required.
16-17. Denied pursuant to Rule 1029(e) of the Pa. R.C.P.
WHEREFORE, additional Defendant David Velazquez respectfully requests that
Count 11 of the Complaint be dismissed with costs to be paid by Gerald Ahnell.
COUNT III
ADRIENNE AHNELL AND GERALD AHNELL v. NAOMI'VELAZQUEZ AND DAVID
VELAZQUEZ
18. No answer required.
19-22. These averments contain legal conclusions to which no response is
required.
WHEREFORE, additional Defendants Naomi and David Velazquez respectfully
request that Count III of the Complaint be dismissed with costs to be paid by
Defendants Adrienne and Gerald Ahnell.
Respectfully submitted,
NEALON GOVER & PERRY
By. [•LL
Dag y G. Shore, Esquire
I.D. #: 85321
2411 North F=ront Street
Harrisburg, PA 17110
Date: / r c.F 717/232-9900
VERIFICATION
I, DAVID VALEZQUEZ, verify that the statements made in the foregoing
ANSWER OF ADDITIONAL DEFENDANTS NAOMI and DAVID VELAZQUEZ TO THE
COMPLAINT FILED BY DEFENDANTS GERALD AND ADRIENNE AHNELL are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date: /I-
DAVID VALE=ZQUEZ
VERIFICATION
I, NAOMI VALEZQUEZ, verify that the statements made in the foregoing
ANSWER OF ADDITIONAL DEFENDANTS NAOMI and DAVID VELAZQUEZ TO THE
COMPLAINT FILED BY DEFENDANTS GERALD AND ADRIENNE AHNELL are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date:
AOMI VALEZQUEZ
CERTIFICATE OF SERVICE
AND NOW, this /ITS day of December, 2005, 1 hereby certify that I have
served the foregoing Answer of Additional Defendants Naomi and David Velazquez to
the Complaint Filed by Defendants Gerald and Adrienne Ahnell on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
Thomas S. Brumbaugh, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Stewart C. Crawford, Esquire
223 North Monroe Street
P.O. Box E
Media, PA 19063
Date: 1? 1111i IC-C,
L, . L-
Casey Shore, Esquire
I.D.#8 321
2411 North Front Street
Harrisburg, PA 17110
717-232-9900
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Thomas S. Brumbaugh, Esquire
Attorney I.D. No. PA 89037
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
717 441-7060
ALLSTATE INSURANCE COMPANY a
ALEIDA VELAZQUEZ,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GERALD AHNELL and ADRIENNE
AHNELL,
Defendants
CIVIL ACTION - LAW
NO. 05-CV-4044
V.
NAOMI VELAZQUEZ and DAVID
VELAZQUEZ,
Additional Defendants
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Thomas S. Brumbaugh, Esquire, counsel for Defendants, Gerald and Adri
Ahnell in the above-captioned action, respectfully represents that: Adrienne
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $3,305.50. The counterclaim
the Defendant in the action is $6,866.00. of
The following attorneys are interested in the case as counsel or are oth
disqualified to sit as arbitrators: Thomas S. Brumbaugh, Esquire, Stewart C. Crawford,
Esquire, and Casey G. Shore, Esquire.
WHEREFORE, your petitioner prays your Honorable Court to appoint three arbitrators to whom the case shall be submitted. (3)
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
y
Dated: Thomas S. Brumbaugh, Es
Attorneys for Defendants, erald and
Adrienne Ahne#
CERTIFICATE OF SERVICE
AND NOW, this 8th day of May, 2006, I, Thomas S. Brumbaugh, Esquire, hereb
certify that I sent a true and correct copy of the foregoing document b y
by placing a copy of
the same in the United States Mail, postage prepaid, to the following:
Stewart C. Crawford, Esquire
LAW OFFICES OF STEWART C. CRAWFORD
223 North Monroe Street
P.O. Box E
Media, PA 19063
Attorneys for Plaintiff
Casey G. Shore, Esquire
Nealon Gover & Perry
2411 N. Front Street
Harrisburg, PA 17110
Additional Defendants
THOMAS, THOMAS & HAFER, LLP
By: -1 MBrumbaug
Thoma
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ALEIDA VELAZQUEZ,
Plaintiff,
V.
GERALD AHNELL and ADRIENNE
AHNELL,
Defendants
V.
NAOMI VELAZQUEZ and DAVID
VELAZQUEZ,
HE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-CV-4044
ORDER OF COURT
AND NOW, this I day of V1iC 2006, in consideration of
the foregoing petition, x , Esquire, e
;a? U f 44ALC
Esquire and squire are appointed arbitrators in the above-
captioned action as prayed for.
By the C
Plaintiff
VI*
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.? 9 ?a
f ? Defendant Civil Action -Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature
Name (Chairman)
? OV,VS4
Law Finn
1. ki -? An.vuc?
Address
City, zip
I iomq
Law Firm
ie - bet
Address
6 r1l -< /,
City, zip
* 1113q
Award
J .?
ignature
Name
?G \2 m4- v,v.
Law Firm
3sz4 s?:. ?? R 9
Address
Ca" 1..) \a.-. ?A (`?vlsr
City, zip
-# 1 A 430
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award- (Note: If damages for delay are awarded, they shall be separately stated.)
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U' jam^-Z d` S C / l??i
i???-?ti? 'c," () rvppa J Y, ?C'"
r ! w ci CA, 1+74 1/deA- Ar.C J_ D J
n . ? _ ( /nom 1%r7l A Ae-L-,r 'C _/S i/^ `"Am
Date of Hearing: I D -C I - G
Date of Award: 1;2'-tq -0 (oo
r
Signature
L 1ST ?'? 7
Name
Notice of Entry of Award
Now, the day of , 20,0(n , at /: DO , _P.M., the a
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal:
--- Pro notary
$ a9n. °O
By:
Deputy
t'
coo
t
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