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Home My WebLink About05-4369 ORIGINAL DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney J.D. # 69179 ATTORNEY FOR PLAINTIFFS, The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05" - 43(..7 C,u'll y~ and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, PA 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, P A 17324 and JACK! COLE S208 Second Street Boiling Springs, P A 17007 Defendants CNIL ACTION - LAW 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 is 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 you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court with only such further notice to you as may be required by law for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 South Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas 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 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO 1NMED1ATAMENTE. S1 NO T1ENE ABOGADO 0 S1 NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERV1CIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERlGUAR DONDE SU l?UEDE CONSEGUIR ASISTENC1A LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone Number (717) 249-3166 DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney J.D. # 69179 ATTORNEY FOR PLAINTIFFS, The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.P<5-- 'I3~"7 ~ ~ and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, PA 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, P A 17324 and JACK! COLE S208 Second Street Boiling Springs, P A 17007 Defendants CNIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs, The Cincinnati Insurance Company and Carlisle Auto Body & Collision, by and through their attorney, Donald M. Desseyn, Esquire and files this Complaint by averring as follows: 1. Plaintiff, The Cincinnati Insurance Company (hereinafter "Plaintiff CIC"), is a corporation licensed to sell insurance within the Commonwealth of Pennsylvania with a principle place of business address of P.O. Box 145496, Cincinnati, Ohio 45250-5496 and regularly conducts business in Cumberland County, Pennsylvania. At all times pertinent hereto, Plaintiff CIC had issued a policy of insurance to Carlisle Auto Body & Collision which covered the losses incurred by Plaintiff, Carlisle Auto Body & Collision, as a result ofthe incident which is the subject of this lawsuit. Plaintiff CIC has made payments in the amount of $4,509.46, after the application of the $500,00 deductible of Plaintiffs per vehicle and therefore is contractually, legally and equitably subrogated to any recovery. 2. Plaintiff, Carlisle Auto Body & Collision (hereinafter "Plaintiff Carlisle Auto"), is a duly authorized Pennsylvania business located at 519 S. Hanover Street, Carlisle, PA 17013. 3. Defendant, Anna M. Saul (hereinafter "Defendant Saul"), is an adult individual residing at 325 Peach Glen ldaville Road, Gardener, P A 17324. 4. Defendant, Jacki Cole (hereinafter "Defendant Cole"), is an adult individual residing at 208 Second Street, Boiling Springs, Pa 17007. 5. On or about November 9, 2004, Defendant Saul was operating a 1997 Buick southbound along S. Hanover Street. At approximately 10:50 a.m. on said date, Defendant Saul entered into the intersection ofS. Hanover Street and W. Willow Street. 6. At the same date and time, Defendant Cole was operating her vehicle, a 2001 Chrysler and was facing east along W. Willow Street when she pulled forward into the intersection. 7. A collision between the vehicle operated by Defendant Saul and the car operated by Defendant Cole occurred at the intersection ofS. Hanover Street and W. Willow Street. 8. In the course of the collision, the vehicle operated by Defendant Saul left the roadway and impacted with a vehicle located at Plaintiff, Carlisle Auto's lot. 9. The struck vehicle then was pushed into another vehicle located on Plaintiff, Carlisle Auto's lot damaging same. 10. As a result of the collision damage referred to in Paragraph 8 above, Plaintiff Carlisle Auto incurred damages to the vehicle in the amount of$1,102.28 and additionally, suffered a loss in the disposition ofthe vehicle in the amount of $790.00. 11. As a result of the collision damage referred to in Paragraph 9 above, Plaintiff, Carlisle Auto incurred damages to the vehicle in the amount of$1,701.18 and additionally suffered a loss in the disposition ofthe vehicle in the amount of$9l6.00, 12. Pursuant to the policy of insurance issued by Plaintiff, CIC to Plaintiff, Carlisle Auto, PlaintiffCIC issued payments for repairs for the two vehicles in the amount of$I,803.46, and Plaintiff, Carlisle Auto remitted a deductible in the amount of $500.00 for each vehicle (total $1,000.00). Moreover, Plaintiff, CIC paid a total of $1,706.00 for the disposition of both vehicles and Plaintiff thereby assert a claim against Defendants in the total amount of$4,509.46. COUNT I PLAINTIFFS v. ANNA M. SAUL - NEGLIGENCE 13. Plaintiffs hereby adopt and incorporate by reference the allegations as set forth in Paragraphs 1 through 12 as if fully rewritten herein. ] 4. The aforesaid accident was caused directly, proximately and/or substantially by the negligence of Defendant Anna M. Saul, individually, in the following respects: (a) failing to observe the vehicle of Defendant Cole prior to entering the intersection; (b) failing to yield to the oncoming vehicle of Defendant Cole; (c) operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa.C.S.A. S 3714 and applicable law; (d) failing to obey traffic control signals in violation of75 Pa.C.S.A. S 3112 and applicable law; and, ( e) not paying attention to her surroundings. 15. As a direct and proximate result of the collision and the negligence, carelessness and recklessness of Defendant, Anna M. Saul, Plaintiff, Carlisle Auto suffered damages to vehicles located at its place of business in the amount of $4,509.46. 16. PlaintiffCIC compensated Plaintiff Carlisle Auto $3,509.46 for said damages, pursuant to a policy of insurance issued by Plaintiff CIC. 17. Plaintiff Carlisle Auto incurred $500.00 in a deductible payment for each vehicle ($1,000.00 total). WHEREFORE, Plaintiffs demand judgment jointly and severally against Defendant, Anna M. Saul in the amount of $4,509.46 together with interest and costs. COUNT II PLAINTIFFS v. JACK! COLE - NEGLIGENCE 18. Plaintiffs hereby adopt and incorporate by reference the allegations as set forth in Paragraphs 1 through 12 as if fully rewritten herein. 19. The aforesaid accident was caused directly, proximately and/or substantially by the negligence of Defendant Jacki Cole in the following respects: (a) failing to observe the oncoming vehicle of Defendant Saul prior to entering the intersection; (b) failing to yield to the oncoming vehicle of Defendant Saul; (c) operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa.C.S.A. ~ 3714 and applicable law; (d) failing to obey traffic control signals in violation of75 Pa.C.S.A. 93112 and applicable law; and, (e) not paying attention to her surroundings. 20. As a direct and proximate result of the collision and the negligence, carelessness and recklessness of Defendant, Cole, Plaintiff Carlisle Auto suffered damages to vehicles located at its business in the amount of $4,509.46. 21. PlaintiffCIC compensated Plaintiff Carlisle Auto $3,509.46 for said damages, pursuant to a policy of insurance issued by Plaintiff CIC. 22. Plaintiff Carlisle Auto incurred $500.00 in a deductible payment for each vehicle (total $1,000.00). WHEREFORE, Plaintiffs demand judgment jointly and severally against Defendant Jacki Cole in the amount of $4,509.46 together with interest and costs. Respectfully submitted, Date: ~ -tf d'aJ..r By: ~~~ - ~=&-AS~~~Bsqu-;;; Attorney for Plaintiffs ~ V9. P ~ ~ 1l y- . ~ Ul. () C> b~ f5 ~ 'l.1J:' ...... or- ~ '"I:> f'- -...c:. ~::is fj}. G f'-:'l Q () ~:~~ " e- ::':::'-1 --l -^ <~ ""-:-]l r\-\-i~ :q'C? '~~_c; _"~ - r '. -;.,~ ';j ';:~n \:.~ t._'""',, 'J (.11 '~;~t ~~~~ (.." - DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney I.D. # 69179 ATTORNEY FORPLA2!lGINAL The Cincirmati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4369 and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, PA 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, P A 17324 and JACKl COLE S208 Second Street Boiling Springs, P A 17007 Defendants CIVIL ACTION - LAW PRAECIPE TO REISSUE THE COMPLAINT TO THE PROTHONOTARY: Kindly reissue the Complaint in the above-captioned matter. Date: #J~/j By- ~~ . Donald1\,f"A:iesseyn,~squire Attorney for Plaintiff ..H' ,. " .. (" ~: ~ . ....., = 5\ (/) rt1 -0 N o ~ -< ff.;~ rn ::By 00 ~.-1 -r~ ~::.a ~ -:;?M S ~ ~ ~ Ul SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04369 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINCINNATI INSURANCE CO ET AL VS SAUL ANNA M ET AL 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 SAUL ANNA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , SAUL ANNA M 325 PEACH GLEN IDAVILLE ROAD GARDNERS, PA 17324 325 PEACH GLEN IDAVILLE ROAD GARDNERS IS ADAMS COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 .00 5.00 /---::: ... R. homas Kl ine 10.00 ( s~riff of Cumberland County .00: 33.00 CINCINNATI INSURANCE COMPANY 09/12/2005 Sworn and subscribed to before me this /)]; day of ~r J.(J(J~ {A.D.. .7 k.h~ pr honot r ;/ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CINCINNATI INSURANCE CO ET AL VS SAUL ANNA M ET AL SGT JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLE JACKI the DEFENDANT , at 1140:00 HOURS, on the 9th day of September, 2005 at 208 SECOND STREET BOILING SPRINGS, PA 17007 by handing to JACKI COLE 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 Service Affidavit Surcharge 6.00 4.80 .00 10.00 .00 20.80 So Answers: -..--, ?~/ /0' ~. , , -,>" J/ 'i" .,: ~,;;~~~?:~,,"??,r-.:~:-c.~.J~ / >~~.~ , ,_~ _ e. ..,,;..; .,..-.. '# ,", ,. R. Thomas Kline 09/13/2005 CONCINNATI INSURANCE COMPANY Sworn and Subscribed to before By: \Jo~ kl:tl Deputy heriff me this ~ day of DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 69179 ATTORNEY FOR PLAINTIFFS, The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS" -J..{Jb7 Cc.;,L 't~ and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, P A 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen ldaville Road Gardeners, P A 17324 and Tr:'J~ ".,," , , ~p...,.~ "'~,'"''''Q'''' ':r 'S" ~". "t ~}I~ !,"},):.:. ,,~ll..,,:j f,~, ~,.,' , Ie n, ':, JACK! COLE S208 Second Street Boiling Springs, P A 17007 ":" ~ -> ,~,~" . ._.,~, ,. " ' ,': .' d. ;~~,i~~..,'.,.' ..~. wi... a1~ ~ S:? ~'LD2. Q./ 1-<. .~.. r:t 1 . ~ ;:';" -. . Defendants CIVIL ACTION - LAW 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 is 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 you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court with only such further notice to you as may be required by law for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 South Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas 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 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Dsted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone Number (717) 249-3166 DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 69179 ATTORNEY FOR PLAINTIFFS, The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, P A 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, P A 17324 and JACKI COLE S208 Second Street Boiling Springs, P A 17007 Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs, The Cincinnati Insurance Company and Carlisle Auto Body & Collision, by and through their attorney, Donald M. Desseyn, Esquire and files this Complaint by averring as follows: I. Plaintiff, The Cincinnati Insurance Company (hereinafter "Plaintiff CIC"), is a corporation licensed to sell insurance within the Commonwealth of Pennsylvania with a principle place of business address of P.O. Box 145496, Cincinnati, Ohio 45250-5496 and regularly conducts business in Cumberland County, Pennsylvania. At all times pertinent hereto, Plaintiff CIC had issued a policy of insurance to Carlisle Auto Body & Collision which covered the losses incurred by Plaintiff, Carlisle Auto Body & Collision, as a result of the incident which is the subject ofthis lawsuit. PlaintiffCIC has made payments in the amount of$4,509.46, after the application of the $500.00 deductible of Plaintiffs per vehicle and therefore is contractually, legally and equitably subrogated to any recovery. 2. Plaintiff, Carlisle Auto Body & Collision (hereinafter "Plaintiff Carlisle Auto"), is a duly authorized Pennsylvania business located at 519 S. Hanover Street, Carlisle, PA 17013. 3. Defendant, Anna M. Saul (hereinafter "Defendant Saul"), is an adult individual residing at 325 Peach Glen Idaville Road, Gardener, P A 17324. 4. Defendant, Jacki Cole (hereinafter "Defendant Cole"), is an adult individual residing at 208 Second Street, Boiling Springs, Pa 17007. 5. On or about November 9, 2004, Defendant Saul was operating a 1997 Buick southbound along S. Hanover Street. At approximately 10:50 a.m. on said date, Defendant Saul entered into the intersection ofS. Hanover Street and W. Willow Street. 6. At the same date and time, Defendant Cole was operating her vehicle, a 2001 Chrysler and was facing east along W. Willow Street when she pulled forward into the intersection. 7. A collision between the vehicle operated by Defendant Saul and the car operated by Defendant Cole occurred at the intersection ofS. Hanover Street and W. Willow Street. 8. In the course of the collision, the vehicle operated by Defendant Saul left the roadway and impacted with a vehicle located at Plaintiff, Carlisle Auto's lot. 9. The struck vehicle then was pushed into another vehicle located on Plaintiff, Carlisle Auto's lot damaging same. 10. As a result of the collision damage referred to in Paragraph 8 above, Plaintiff Carlisle Auto incurred damages to the vehicle in the amount of$l,102.28 and additionally, suffered a loss in the disposition ofthe vehicle in the amount of $790.00. 11. As a result of the collision damage referred to in Paragraph 9 above, Plaintiff, Carlisle Auto incurred damages to the vehicle in the amount of$l,701.18 and additionally suffered a loss in the disposition of the vehicle in the amount of$916.00. 12. Pursuant to the policy of insurance issued by Plaintiff, CIC to Plaintiff, Carlisle Auto, PlaintiffCIC issued payments for repairs for the two vehicles in the amount of$l,803.46, and Plaintiff, Carlisle Auto remitted a deductible in the amount of $500.00 for each vehicle (total $1,000.00). Moreover, Plaintiff, CIC paid a total of$1,706.00 for the disposition of both vehicles and Plaintiff thereby assert a claim against Defendants in the total amount of $4,509.46. COUNT I PLAINTIFFS v. ANNA M. SAUL - NEGLIGENCE 13. Plaintiffs hereby adopt and incorporate by reference the allegations as set forth in Paragraphs 1 through 12 as if fully rewritten herein. 14. The aforesaid accident was caused directly, proximately and/or substantially by the negligence of Defendant Anna M. Saul, individually, in the following respects: (a) failing to observe the vehicle of Defendant Cole prior to entering the intersection; '. (b) failing to yield to the oncoming vehicle of Defendant Cole; (c) operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa.C.S.A. S 3714 and applicable law; (d) failing to obey traffic control signals in violation of75 Pa.C.S.A. S 3112 and applicable law; and, (e) not paying attention to her surroundings. 15. As a direct and proximate result of the collision and the negligence, carelessness and recklessness of Defendant, Anna M. Saul, Plaintiff, Carlisle Auto suffered damages to vehicles located at its place of business in the amount of $4,509.46. 16. PlaintiffCIC compensated Plaintiff Carlisle Auto $3,509.46 for said damages, pursuant to a policy of insurance issued by Plaintiff CIC. 17. Plaintiff Carlisle Auto incurred $500.00 in a deductible payment for each vehicle ($1,000.00 total). WHEREFORE, Plaintiffs demand judgment jointly and severally against Defendant, Anna M. Saul in the amount of $4,509.46 together with interest and costs. COUNT II PLAINTIFFS v. JACKI COLE - NEGLIGENCE 18. Plaintiffs hereby adopt and incorporate by reference the allegations as set forth in Paragraphs I through 12 as if fully rewritten herein. 19. The aforesaid accident was caused directly, proximately and/or substantially by the negligence of Defendant Jacki Cole in the following respects: (a) failing to observe the oncoming vehicle of Defendant Saul prior to entering the intersection; (b) failing to yield to the oncoming vehicle of Defendant Saul; , , ( c) operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa.C.S.A S 3714 and applicable law; (d) failing to obey traffic control signals in violation of75 Pa,CSA S 3112 and applicable law; and, (e) not paying attention to her surroundings. 20. As a direct and proximate result ofthe collision and the negligence, carelessness and recklessness of Defendant, Cole, Plaintiff Carlisle Auto suffered damages to vehicles located at its business in the amount of $4,509.46. 21. PlaintiffCIC compensated Plaintiff Carlisle Auto $3,509.46 for said damages, pursuant to a policy of insurance issued by Plaintiff CIC. 22. Plaintiff Carlisle Auto incurred $500.00 in a deductible payment for each vehicle (total $1,000,00). WHEREFORE, Plaintiffs demand judgment jointly and severally against Defendant Jacki Cole in the amount of $4,509.46 together with interest and costs. Respectfully submitted, Date: ~. '?l,,;'a;s- By: ~~/~ Donal . esseyn, ES'quire Attorney for Plaintiffs SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CINCINNATI INSURANCE CO ET AL VS SAUL ANNA M 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: SAUL ANNA M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 26th , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County Postage 18,00 9.00 10.00 29.90 .74 67.64 09/26/2005 CINCINNATI So a~i...:~:/.>... ;f?-:o--7~ '1~ /- --~ -'~";;:...:--.,~- R. Thomas Kline Sheriff of Cumberland /- /> ~ County INSURANCE CO Sworn and subscribed to before me this '?;if) day of :::;'fJ..wwlJl/y A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania The Cincinnati Insurance Co VS. Anna M. Saul No. 05-4369 civil Now, September 21, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of M.crns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~<'/~-# Sheriff of Cumberland County, P A Affidavit of Service Now, September 22 ,2022-, at 7:55 o'clock P. M. served the within Reinstated Complaint in Civil Action upon Anna M. Saul at 325 Peach Glen ldaville Road, Gardners, PA by handing to Anna M. Saul true and attested copy of the original Reinstated Complaint a and made known to Anna M. Saul the contents thereof. *w=' 1-. ~DA l."'1.u~OI. De uty eriff . ~ She' f of Adams County, P A Sworn and subscribed before methis_dayof N/A ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ 18.00 11. 90 $ 29. 90 Ri. 9/2.0/05 , < ,..\ :\\ r. :11 "1 iZ (l~S ~\D~Z ;, ., - DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney J.D. # 69179 ORIGINAL ATTORNEY FOR PLAINTIFFS, The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04369 and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, PA 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen IdaviIle Road Gardeners, P A 17324 and JACKI COLE 208 Second Street Boiling Springs, P A 17007 Defendants CNIL ACTION - LAW d Lrf..MJ / To: Anna Saul 325 Reach Glen IdaviIle Road Gardners, P A 17324 Date of Notice: IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE, PERSONALLY OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE 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: Lega] Services, Inc. 432 South Washington Street Gettysburg, P A ] 7325 Te]ephone Number: (717)334-7623 By: ~~ Dona]d . esseyn 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney LD. # 69] 79 Attorney for Plaintiff :-..:) C:.~' c::_;, ~-Jl <) ~-n ::::! o (") co l...D ORIGINAL DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 69179 ATTORNEY FOR PLAINTIFFS, The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04369 and CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, P A 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, P A 17324 and JACK! COLE 208 Second Street Boiling Springs, P A 17007 Defendants CIVIL ACTION - LAW To: Jacki Cole 208 Second Street Boiling Springs, P A 17007 Date of Notice: /1/4k5' IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE, PERSONALLY OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number: 717-249-3166 BY:~ Dona . vo~e)'ri 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney LD. # 69179 Attorney for Plaintiff . ...., C::~ e,;,;':::, (:",>-1 () -;'} ::::! CJ c< ~- i-~ C':) 2~" '-:.? '.. Thomas J. Williams, Esquire I.D. 17512 Hillary A. Dean, Esquire I.D. 92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant THE CINCINNATI INSURANCE CO. as SUBROGEE of Carlisle Auto Body & Collision and CARLISLE AUTO BODY & COLLISION, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4369 CIVIL TERM v ANNA M. SAUL and JACKI COLE, : CIVIL ACTION - LAW Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Jacki Cole in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO I I By \ omas J. Wil s, Esquire Hillary A. Dean, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Dated: October 20, 2005 ... CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 MARTSON DEARDORFF WILLIAMS & OTTO By /MI ~ f (/ '~ ' Ilt{/1[ . .it,('-€~ M . Price Ten ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 20, 2005 ~'.j i r:' ::::1 ~, ' \ ,~ C~ .J \Cl C.;-, THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-4369 CIVIL TERM and CNIL ACTION - LAW CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, P A 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, P A 17324 and JACK! COLE S208 Second Street Boiling Springs, P A 17007 Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY (CLERK OF COURTS): Please enter the undersigned's appearance on behalf of the Defendant, Anna Saul, with regard to the above-captioned matter. Date: to )/'1) l:)l-, I { Respectfully submitted, NEALON GOVER & PERRY By: ~ c~-' . Shore LD. #: 85321 2411 North Front Street Harrisburg, P A 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 1?u1: day of October, 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 same in the United States mail, postage prepaid, addressed to: Donald M. Desseyn, Esquire 4999 Louise Drive, suite 103 Mechanicsburg, P A 17055 ! ;JJ~ Ca~shore ('.) C-i"1 --1 -[ ~' ~ '1 - ,-"' i ~ t.,.: ;\1 t,. t~~.( .r :~: THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision 6120 Gilmore Road Fairfield, OH 45014-5141 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-4369 CIVIL TERM and CIVIL ACTION - LA W CARLISLE AUTO BODY & COLLISION 519 South Hanover Street Carlisle, PA 17013 Plaintiffs v. ANNA M. SAUL 325 Reach Glen Idaville Road Gardeners, PAl 7324 and JACK! COLE S208 Second Street Boiling Springs, P A 17007 Defendants ANSWER TO COMPLAINT 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Admitted based upon information and belief. 4. Admitted based upon information and belief. 5. Admitted. By way of further answer, Defendant Anna Saul contends that she had the right-of-way when entering the intersection of South Hanover Street and West Willow Street. 6. Admitted based upon information and belief. 7. Admitted based upon information and belief. 8. Admitted based upon information and belief. 9. Admitted based upon information and belief. 10. Neither admitted nor denied. Defendant Anna Saul is without sufficienl information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. II. Neither admitted nor denied. Defendant Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. 12. Neither admitted nor denied. Defendant Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. COUNT I 13. No answer required. 14. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 15. Denied pursuant to Rule I029(e) ofthe Pennsylvania Rules of Civil Procedure. 16. Neither admitted nor denied. Defendant Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extent thaI an answer is required, the averments are denied. 17. Neither admitted nor denied. Defendant Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. WHEREFORE, the Defendant respectfully requests that Count I of the Complaint be dismissed with costs to be paid by the Plaintiffs. COUNT II 18. No answer required. 19. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 20. Neither admitted nor denied. Defendand Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. 21. Neither admitted nor denied. Defendand Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extenl that an answer is required, the averments are denied. 22. Neither admitted nor denied. Defendand Anna Saul is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. WHEREFORE, Defendant Anna Saul respectfully requests that Count II of the Complaint be dismissed with costs to be paid by the Plaintiffs. Respectfully Submitted, 'lJ'<-- Case)( . Shore, Esquire ." 1.D. #: 5321 NEALON, GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 717-232-9900 . . VERIFICATION I, ANNA M. SAUL, verify that the statements made in the foregoing ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities. Date: /o/;;}. Ifl oS- C!~/ m .LJ ANNA M. SAUL . . , . CERTIFICATE OF SERVICE AND NOW, this ~{[If day of October, 2005, I hereby certify that I have served the foregoing ANSWER TO COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 t,~, Casey hore r-' c,? ~ <.J' C:' ('") -, t..) - ~2 ~ ...... :t.~ rl1::::;:.:': -,_~.\1: ~<'j 1_,.: (,',:\(~"\ I.:_\~-(?' brA __A ,~ ~~ -<:) ::J:: <.? - - - Thomas J. Williams, Esquire I.D. 17512 Hillary A. Dean, Esquire LD. 92878 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant THE CINCINNATI INSURANCE CO. as SUBROGEE of Carlisle Auto Body & Collision and CARLISLE AUTO BODY & COLLISION, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4369 CIVIL TERM v ANNA M. SAUL and JACKI COLE, : CIVIL ACTION - LAW Defendants DEFENDANT JACKI COLE'S ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, Defendant Jacki Cole contends that she was sitting at a red light facing east when the light turned green. She pulled forward into the intersection and was struck in the left front portion of her vehicle by Defendant Anna Saul, who ran a red light. 7. Admitted. 8. Admitted. 9. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of the averment. To the extent that an answer is required, the averments are denied. ,. 10. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of the averment. To the extent that an answer is required, the averments are denied. II. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of the averment. To the extent that an answer is required, the averments are denied. 12. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of the averment. To the extent that an answer is required, the averments are denied. COUNT I PLAINTIFFS v. ANNA M. SAUL - NEGLIGENCE 13. No answer required. 14. The averments of Paragraph 14 are a conclusion of law to which no response is required. 15. The averments of Paragraph 15 are a conclusion of law to which no response is required. 16. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of these averments. To Ihe extent that an answer is required, the averments are denied. 17. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of these averments WHEREFORE, Defendant Jacki Cole respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. COUNT II PLAINTIFFS v. JACKI COLE - NEGLIGENCE 18. No answer required. 19. The averments of Paragraph 19 are conclusions of law to which no response is required. To the exlent that an answer is required, the averments are denied. 20. The averments of Paragraph 20 are conclusions of law to which no response is required. To the extent that an answer is required, the averments are denied. 21. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. 22. Neither admitted nor denied. Defendant Jacki Cole is without sufficient information to form a belief as to the truth of these averments. To the extent that an answer is required, the averments are denied. WHEREFORE, Defendant Jacki Cole respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. MARTSON DEARDORFF WILLIAMS & OTTO IlIary A. Dean, E Attorney 1.0. No. 878 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: {'(15/ 0 5 Attorneys for Defendant Jacki Cole VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own, 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 content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. .,......._-r (~-- . ~~. 'J ~/..' .... ->--- ,~- / l ~- Jacki CERTIFICATE OF SERVICE !, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendant Jacki Cole's Answer to Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite! 03 Mechanicsburg, PA 17055 Casey G. Shore, Esquire NEALON, GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO By M. Price T East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November 15, 2005 - - t . . DONALD M. DESSEYN, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney I.D. # 69179 'lV~C lltP OR1Gl1V4.. ATTORNEY FOR PLAINTIFFS, L The Cincinnati Insurance Company and Carlisle Auto Body & Collision THE CINCINNATI INSURANCE CO., as SUBROGEE of Carlisle Auto Body & Collision and CARLISLE AUTO BODY & COLLISION Plaintiffs v. ANNA M. SAUL and JACKI COLE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4369 CNIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case Settled, Discontinued and Ended. Date: 7-) -rJ (. By: AJ/;#?~~ Donald M. Desseyn, uire Attorney for Plaintiffs r .. CERTIFICATE OF SERVICE AND NOW, this C;11- day of ']' .... r... , , 2006, I, Donald M. Desseyn, Esquire, Attorney for Plaintiff, Cincinnati Insurance Company 3/s/o Carlisle Auto Body & Collision, hereby certifY that I served a copy of the within Praecipe to Discontinue on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Hillary A. Dean, Esquire 10 East High Street Carlisle, P A 17013 Casey G. Shore, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 By: Donald M. D-esse , squire 4999 Louise D ve, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney J.D. # 69179 ~~ ;~ . , (~) -n ...., -r Gi .",--,