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HomeMy WebLinkAbout05-6375JOEL A. WATTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ()-T-62/7,S BETSY F. WEBB AND WILLIAM CIVIL ACTION - LAW l W EBB, 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 2 JOEL A. WATTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 5 L37S ??? TsM V. NO. 0 BETSY F. WEBB AND WILLIAM CIVIL ACTION - LAW W EBB, Defendants COMPLAINT 1. The Plaintiff is an adult individual residing at 1920 Lula Lane, Enola, Pennsylvania 17025. 2. Defendant Betsy F. Webb is an adult individual residing at 139 N. 23rd Street, Camp Hill, Pennsylvania 17011. 3. Defendant William Webb is an adult individual residing at 139 N. 23rd Street, Camp Hill, Pennsylvania 17011. 4. The facts and occurrences hereinafter related took place on or about April 23, 2005 at the intersection of Good Hope Road and Radabaugh Road, Hampden Township, Cumberland County, Pennsylvania. 5. At the time and place aforesaid, Plaintiff was the owner of a 1999 Toyota which was then and there being operated northbound on Good Hope Road by Jessica Watts. 6. At the time and place aforesaid, Defendant Betsy Webb was operating a 2001 Ford owned by Defendant William Webb, and she was proceeding west at Radabaugh Road. 7. At the time and place aforesaid as Plaintiff's vehicle was proceeding on Good Hope Road, which is a through street, Defendant Betsy Webb pulled from a stop sign directly into the path of Plaintiff's vehicle causing a collision and the damages hereinafter set forth. 8. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant Betsy Webb in that she: a) failed to yield the right-of-way to Plaintiff's vehicle; b) failed to keep a proper lookout for other vehicles; and c) pulled from a stop sign when it was not safe to do so. 9. The aforesaid accident and damages resulting therefrom were due to the negligence of Defendant William Webb in that: a) the negligence of Betsy Webb in acting as the agent, servant or employee of William Webb is imputed to William Webb; and b) he was negligent in allowing his vehicle to be driven when he knew that the vehicle was not insured as required by the laws of the Commonwealth of Pennsylvania. 10. Solely as a result of the Defendants' negligence, Plaintiff's vehicle was damaged beyond repair resulting in a lost to the Plaintiff in the amount of SEVEN THOUSAND THREE HUNDRED FIFTY and 18/100 ($7,350.18) DOLLARS. 2 WHEREFORE, Plaintiff demands judgment against the Defendants in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 Dated: b-I (717) 652-8455 ?aS 3 VERIFICATION I, Joel A. Watts, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowiedoe. infoi rnation and !*ief, 1 11M autt ?)rizec to make th!s verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: .?? /aS L! j/ &A--) oel A. Watts v -il;. --l I cr, -" (A Cl-k SHERIFF'S RETURN - REGULAR CASE NO: 2005-06375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATTS JOEL A VS WEBB BETSY F ET AL WILLIAM , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEBB BET the DEFENDANT , at 1826:00 HOURS, on the 28th day of -December, 2005 at 139 N 23RD STREET CAMP HILL, PA 17011 by handing to WILLIAM WEBB, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at. the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .37 Surcharge 10.00 .00 41.81 Sworn and Subscribed to before me this its day of 2aUt, A.D. Pr no ry So Answers: R. Thomas Kline 12/29/2005 WIX WENGER WEIDNER By: -h eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-06375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATTS JOEL A VS WEBB BETSY F ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEBB WILLIAM DEFENDANT the , at 1826:00 HOURS, on the 28th day of December , 2005 at 139 N 23RD STREET CAMP HILL, PA 17011 by handing to WILLIAM WEBB a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this (I day of J ,,Y L A.D. Pro otar So Answers: R. Thomas Kline 12/29/2005 WIX WENGER WEIDNER By: A- /. 7A ?, uty Sheriff JOEL A. WATTS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW BETSY F. WEBB and WILLIAM : DOCKET NO. 05-6375 CIVIL TERM WEBB, Defendants. NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Betsy F. W &b, Defendant 139 North 23`a Street Camp Hill, PA 17011 Telephone: (717) 612-1578 Date: ".?lld 1ly JOEL A. WATTS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW BETSY F. WEBB and WILLIAM : DOCKET NO. 05-6375 CIVIL TERM WEBB, Defendants. ANSWER WITH NEW MATTER AND NOW, come the above-named Defendants and set forth the following Answer with New Matter in the above-captioned action: ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied generally pursuant to Pa.R.C.P. 1029(e). 5. Denied generally pursuant to Pa.R.C.P. 1029(e). To the extent a response is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments stated, and proof thereof is demanded if relevant. 6. Admitted. 7. Denied generally pursuant to Pa.R.C.P. 1029(e). 8. Denied generally pursuant to Pa.R.C.P. 1029(e). 9. Denied generally pursuant to Pa.R.C.P. 1029(e). 10. Denied generally pursuant to Pa.R.C.P. 1029(e) and as a conclusion of law which requires no responsive pleading. WHEREFORE, Defendants respectfully request that the Complaint be dismissed in its entirety and that judgment be entered in their favor. NEW MATTER 11. Paragraphs 1 through 10, above, are incorporated herein by reference. 12. Plaintiff may have failed to mitigate his damages. 13. No act or omission of any Defendant, or any of Defendants' agents, employees or servants, caused Plaintiff s alleged damages. 14. Plaintiff s alleged damages may have been caused by the acts or omissions of Jessica Watts and/or other persons rather than Defendants. 15. Plaintiff may have been comparatively negligent, contributorily negligent, and/or assumed the risk of his damages. WHEREFORE, Defendants respectfully request that the Complaint be dismissed in its entirety and that judgment be entered in their favor. Respectfully submitted, & - J) Betsy F. ebb, Defendant William Webb, Defendant 139 North 23rd Street Camp Hill, PA 17011 Telephone: (717) 612-1578 Date: ^<? 6 VERIFICATION I hereby verify that the facts averred in the foregoing document are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: b b Betsy 5. Webb VERIFICATION I hereby verify that the facts averred in the foregoing document are true and correct to the best of my knowledge, information and belief This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?? William Webb CERTIFICATE OF SERVICE I, William Webb, hereby certify that I served a true and correct copy of the foregoing document on this date by First Class mail to the following: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorneys for Plaintiff) William Webb, Defendant Date: 'gl/°% 6 <-> -,, ,_a -?_T --, , ?? . w 'w ' ' ?., ? ' - ?, ?.. ?-? JOEL A. WATTS, Plaintiff V. BETSY F. WEBB and WILLIAM WEBB, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6375 CIVIL ACTION - LAW AND NOW, here comes the Plaintiff by and through his attorneys Wix, Wenger & Weidner, and sets forth the following: 12. This paragraph contains a conclusion of law to which no responsive pleading is required. To Ithe extent an answer is deemed necessary the averments contained in this paragraph are specifically denied. 13. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent an answer is deemed necessary the averments contained in tjhis paragraph are specifically denied. 14. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent an answer is deemed necessary the averments contained in this paragraph are specifically denied. 15. This paragraph contains a conclusion of law to which no responsive pleading is required. To toe extent an answer is deemed necessary the averments contained in this paragraph are specifically denied. WHEREFORE, Plaintiff respectfully requests judgment be entered in his favor and against defendants Respectfully submitted, WIX, WENGER & WEIDNER 1 By Kathryn L. Wix, Esquir D#92944 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 Dated: 2/13106 CI=RTIFICATE OF SERVICE I, Kathryn L Plaintiff's Answer to the 13th day of Mr. William Webb Mrs. Betsy F. Webb 139 North 23`d Street Camp Hill, PA 17011 Esquire hereby certify that a true and correct copy of New Matter was served by First Class Mail on 2006, upon the following: Kathryn L. Wix, Esq ire (?} r•`> - ? \Il ?i ..i -r? Cam:. L. -r. f Il ?_ _ . l ? . . -• 7 JOEL A. WATTS, Plaintiff V. BETSY F. WEBB AND WILLIAM WEBB, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6375 Civil CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard I-I. Wix, Esquire, counsel for the D'aintiff in the above action (or actions), respectfully requests that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $7,350.18. The counterclaim of the defendant in the action is none. The following attorneys are interested in the case(s) or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Richard H. Wix, Esq., ID# 07274 (717) 652-8455 AND NOW, foregoing petition, , Esq., and Esq., Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, ORDER OF COURT , 2006, in consideration of the P.J. CERTIFICATE OF SERVICE AND NOW, this 4th day of October, 2006, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, hereby certify that I served the within Petition for the Appointment of Arbitrators this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Betsy F. Webb and William Webb 139 North 23rd Street Camp Hill, PA 17011 WIX, WENGER & WEIDNER Gaye Crist ?? ... w n ?? 0 --?_ G=? `-? --t 1+7 _ t ? ?,? } r .. ' .J ? ? ? ` ,y . • ? (,J 1 . ? ' 1„ ?- *° CC1 , t ?- ? ? ...? C"/ JOEL A. WATTS, Plaintiff V. BETSY F. WEBB AND WILLIAM WEBB, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6375 Civil CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard H. Wix. Esquire, counsel for the Plaintiff in the above action (or actions), respectfully requests that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $7,350.18. The counterclaim of the defendant in the action is none. The following attorneys are interested in the case(s) or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 1 cj.'Gv'k' tA C? ls- Richard H. Wix, Esq., ID# 07274 (717) 652-8455 ORDER OF COURT AND NOW, &LqJ&, IL , 2006, in consideration of the n petition, Esq., Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By a Cou .P.J. t . _. ? i . L -D ?C+t ? ? Was Plaintiff W % i l %q &. W 2- ? >jo Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 65 - ? 3 7 S 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. ?w- Signature Name (Chairman) F SigNkature Name Law Firm Law Firm Q.a & x 16 Address Lc,m I v, P A 1 ?d Y3 City, Zip 11.4 lam., 1?1`t ? s# , Address City, Zi -? L 1 Signature P1-?'21C,,A e- (3R0wrJ Name SALZMA-4r4 INVGHGS Law Firm Address C41R LI S LL' PA I!) D / Sl City, T Zip Award 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.) W12- fthx In F&UOr of t?C- y6t,E,v?r- .'Sock P f t s a.J, a atisl' 46--- VVChJtohY y? Svx 1JU??.,,??b••,, (h f?tc Gerrtw.-?}? •I??3S4? I g Qn? lh +iy4r 6 -? ?? lit K e a a n ?' W t` col n? (.U Q ?, . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 1 1 2067 Date of Award: -4- v°`:?b I'7 20r (Chairman) Notice of Entry of Award Now, the day of --,6,j,= V_, 200*7, at 3:5y , p M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ jg(), DD By: Prothonotary Deputy P-1 T,c sec ? ? 4 -" JOEL A. WATTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-6375 Civil BETSY F. WEBB AND WILLIAM CIVIL ACTION - LAW WEBB, Defendants PRAECIPE TO ENTER JUDGMENT ON ARBITRATOR'S AWARD Please enter judgment on the Arbitrators' Award in the amount of $7,350.18 against Defendant Betsy F. Webb, as more than thirty days has passed since the award was granted and no appeal has been taken. Respectfully submitted, WIX, WENGER & WEIDNER By C` wex Richard H. Wix, Esq., ID# 07274 Attorneys for Piaintii"f 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 02/28/2007 3 w •(O. ?r,J JOEL A. WATTS, Plaintiff V. BETSY F. WEBB AND WILLIAM WEBB, Defendants To: Betsy F. Webb, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6375 Civil CIVIL ACTION - LAW You are hereby notified that on 07!a?? _A2 G1d? , the following Judgment has been entered against you in the above captioned case: Judgment on Arbitrators' Award DATE: &?D 7 WI&S719-i // Proth otary I hereby certify that the name and address of the proper person(s) to receive this notice is: Betsy F. Webb 139 North 23"d Street Camp Hill, PA 17011 A Betsy F. Webb, Defendido/a Defendidos/as Por este madio se le esta notofocando que el de del , el/la siguiente (Orden) (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifio que la siguiente direccion es la del defedido/a segun indicada en al certificado de residencia: Betsy F. Webb 139 North 23`d Street Camp Hill, PA 17011 Abogado del Demandante JOEL A. WATTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-6375 Civil BETSY F. WEBB AND WILLIAM CIVIL ACTION - LAW WEBB, : Defendants COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF DAUPHIN ) Personally appeared before me, a notary public in and for said commonwealth and county, RICHARD H. WIX, ESQUIRE of the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, who being duly sworn according to law deposes and says that the judgment entered to the above-captioned matter was due to a motor vehicle accident occurring on or about April 23, 2005. J Richard H. Wix, Esquire Sworn to and subscribed before me this °?[""--day of 12007 A0_?_ Notary Public My Commissior i, fA4,4 Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gaye L Crist, Notary Public Lower Pardon Twp., Dauphin county W Omnission E)ires Apr. 18,2W9 Member, Pennsylvania Association o NNotaries ? o .? w ?.- ?? J ? -f-- t ? y' "?"` a ?27' `' ?-=? ' ?` -., ? - -?' ci ' n, :, C' .../? ?,..