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HomeMy WebLinkAbout06-3661'% A MICHAEL BILLET, ,S TRAYER, and TRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O` -3"( CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS LI A K.aM GUTH and BARBARA J. G H, inor, by LINDA K. GUT, Guardian Plaintiffs V. TO PROTHONOTARY: Kindly issue a writ of summons in the above-captioned action. The Defendants as follows: Joshua Michael Billet L/K/A Joshua Michael Billet 3902 Trayer Lane 386 Lindyrd Mechanicsburg, PA 17050 Seven Valleys, PA 17360 Thomas Trayer L/K/A Thomas Trayer 3902 Trayer Lane 779 Orrsbridge Road Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Linda Trayer L/K/A Linda Trayer 3902 Trayer Lane 779 Orrsbridge Road Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 ?n - R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 (717)796-2100 k "Xt Cy? W c '4 ( Iri 1 ot' `- ^1r OC C:s t LIND K. GUTH and BARBARA J. G H, a Minor, by LINDA K. GUT ,Guardian Plaintiffs V, A MICHAEL BILLET, ?S TRAYER, and TRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOD4--34161 CIVIL TERM CIVIL ACTION - LAW WRIT OF SUMMONS To: shua Michael Bill et L/K/A Joshua Michael Billet 02 Trayer Lane 386 Lindyrd echanicaburg, PA i 17050 Seven Valleys, PA 17360 homas Trayer L/IVA Thomas Trayer 02 Trayer Lane s 779 Orrsbridge Road echanicsburg, PA 17050 Mechanicsburg, PA 17050 9 inda Trayer L/K/A Linda Trayer 3 2 Trayer Lane 779 Orrsbridge Road ;Guth, chanicsburg, PA 17050 Mechanicsburg, PA 17050 u are hereby notified that Linda K. Guth and Barbara J. Guth, a Minor, by Linda Guardian, have commenced an action against you. ?r Proth otary t LINDA K. GUTH and BARBARA IN THE COURT OF COMMON PLEAS J. GUTH, a Minor, by LINDA K. GUTH, CUMBERLAND COUNTY, PENNSYLVANIA Guardian, Plaintiffs VS. CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3661 CIVIL TERM JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Joshua Billet, Thomas Trayer, and Linda Trayer, with regard to the above-captioned matter. Respectfully submitted, Date: ( Q NEALON GOVER & PERRY By: 19i1knley Allen Esquire #: 8 311 241 rth Front Street Harrisburg, PA 17110 717/232-9900 ! -r CERTIFICATE OF SERVICE AND NOW, this C5?, day of September 2006, 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 mails, postage prepaid, addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 -•., ?> .> > --? ? -ti _. _,. .. , t =i _. :? SHERIFF'S RETURN - REGULAR CASE NO: 2006-03661 P i ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUTH LINDA K ET AL VS BILLET JOSHUA MICHAEL ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TDAvvv munMAc the DEFENDANT at 2033:00 HOURS, on the 3rd day of July , 2006 at 3902 TRAYER LANE MECHANICSBURG, PA 17050 by handing to THOMAS TRAYER a true and attested copy of WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4- Sworn and Subscibed to before me this of So Answers: 6.00 ! 11.44 . 00 ..d 10.00 R. Thomas Kline .00 27.44,X 07/07/2006 -7/u/0 4, R MARK THOMAS By: day together with A. D. Deput}f/ Sher SHERIFF'S RETURN - REGULAR CASE NO: 2006-03661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUTH LINDA K ET AL VS BILLET JOSHUA MICHAEL ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TRAYER LINDA the DEFENDANT , at 2033:00 HOURS, on the 3rd day of July 2006 at 3902 TRAYER LANE MECHANICSBURG, PA 17050 by handing to DOUGLAS RUZANSKI a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 d Surcharge 10.00 R. Thomas Kline .00 16.00,/ 07/07/2006 71-,-1, 10 Q R MARK THOMAS Sworn and Subscibed to By: before me this day Dep sheg?f of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUTH LINDA K ET AL VS BILLET JOSHUA MICHAEL ET AL JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BILLET JOSHUA MICHAEL the DEFENDANT , at 1336:00 HOURS, on the 6th day of July , 2006 at MCDONALDS CAMP HILL, PA 17011 JOSHUA MICHAEL BILLET by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 1100 CARLISLE ROAD So Answers: 18.00 14 0 8 •'-~ * 39 10.00 R. Thomas Kline ?/?-?l ono Sworn and Subscibed to before me this day 07/07/2006 R MARK THOMAS By . ?De ty Sheriff of A. D. or - LINDA K. GUTH and BARBARA IN THE COURT OF COMMON PLEAS J. GUTH, a Minor, by LINDA K. GUTH, : CUMBERLAND COUNTY, PENNSYLVANIA Guardian, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-3661 CIVIL TERM JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants : CIVIL ACTION - LAW PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, NEALON GOVER & PERRY By: Date: Jen i nley Allen Esquire I.D. : 84311 2411 orth Front Street Har burg, PA 17110 717/232-9900 RULE TO THE PLAINTIFF: 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: t -- CERTIFICATE OF SERVICE AND NOW, this ? day of January 2007, 1 hereby certify that I have served the foregoing Praecipe for A Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 ey Allen, Esquire Gam'. J (y? LINDA K. GUTH and BARBARA J. GUTH, a Minor, by LINDA K. GUTH, Guardian Plaintiffs V. JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3661 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED 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 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LINDA K. GUTH and BARBARA J. GUTH, a Minor, by LINDA K. GUTH, Guardian Plaintiffs V. JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3661 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) digs a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en person o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demands o por cualquier otra wueja o compensacion reclamados por el Demandant. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERCHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENT. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 LINDA K. GUTH and BARBARA J. GUTH, a Minor, by LINDA K. GUTH, Guardian Plaintiffs V. JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3661 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Linda K. Guth and Barbara J. Guth, a minor, by Linda K. Guth, her guardian, by and through their counsel, R. Mark Thomas, Esquire, hereby file a Complaint against the Defendants, Joshua Michael Billet, Thomas Trayer, and Linda Trayer, and in support thereof respectfully represents: 1. Plaintiff, Linda K. Guth, is an adult individual who currently resides at 240 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff, Barbara J. Guth, a minor, with a date of birth of October 11, 1989, is the daughter of Linda K. Guth, and she also resides at 240 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant, Joshua Michael Billet, is an adult individual whose last known address was 3902 Trayer Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Defendant, Thomas Trayer and Linda Trayer, are husband and wife who currently reside at 3902 Trayer Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On or about July 30, 2004, at approximately 3:34 p.m., Plaintiffs, Linda K. Guth and her daughter, Barbara J. Guth, were traveling northbound on Orrs Bridge Road in Hampden Township, Cumberland County, Pennsylvania, within the posted speed limit. 6. When approaching the driveway to the Armitage Golf Course located on Orrs Bridge Road in Hampden Township, the Defendant, Joshua Michael Billet, who was exiting the Armitage Golf Course, failed to stop at the stop sign posted at the end of the driveway and proceeded right onto Orrs Bridge Road. 7. Plaintiff, Linda K. Guth, had no time to react to the Defendant who had just pulled out into the roadway and, in fact, the Defendant's vehicle struck the Plaintiffs' car on the passenger side at or near the front passenger tire. 8. As a direct result of the impact of the crash, Plaintiffs, Linda K. Guth and Barbara J. Guth, were each thrown about violently within their car and suffered injuries as a result of this impact. 9. The vehicle being driven by Defendant, Joshua Michael Billet, was owned by Defendants, Thomas Trayer and Linda Trayer. COUNTI LINDA K. GUTH v. JOSHUA MICHAEL BILLET 10. Paragraphs 1 through 9 are incorporated herein as if set forth at length. 11. Defendant, Joshua Michael Billet, carelessly, recklessly and negligently drove his vehicle into the vehicle being driven by Linda K. Guth causing Linda K. Guth to suffer severe and serious injuries as will be more fully described hereinafter. 12. The carelessness, recklessness and negligence of Defendant, Joshua Michael Billet, consisted of the following: A. Failing to have his vehicle under proper and adequate control at the time of the collision; B. Operating his vehicle in a careless and reckless manner without due regard for the rights and safety of those lawfully upon the roadway, one of whom was Plaintiff, Linda K. Guth; C. Failing to yield the right of way to Linda K. Guth who was traveling lawfully on Orrs Bridge Road and had the right-of-way; D. Failing to stop his vehicle at a clearly marked stop sign prior to entering onto Orrs Bridge Road; E. Failing to observe Plaintiffs vehicle which was lawfully traveling on Orrs Bridge Road before pulling out and striking the vehicle being driven by Linda K. Guth; and F. Failing to prevent a collision with Plaintiffs vehicle when there was sufficient time and space to either stop or avoid a collision with Plaintiff s vehicle. 13. By reason of the aforesaid carelessness, recklessness and negligence of the Defendant, Joshua Michael Billet, Plaintiff, Linda K. Guth, suffered severe and permanent injuries to her spinal column, back, neck, shoulders, and head. 14. The injuries to Plaintiff, Linda K. Guth, included not only new injuries, but aggravation of a pre-existing condition which included previous surgical fusion to Plaintiff, Linda K. Guth's cervical spine. 15. By reason of the aforesaid carelessness, recklessness and negligence of Defendant, Joshua Michael Billet, Plaintiff has in the past and will in the future undergo severe pain and suffering. 16. By reason of the aforesaid carelessness, recklessness and negligence of Defendant, Joshua Michael Billet, Plaintiff, Linda K. Guth, has in the past and will in the future be unable to attend to her usual duties and occupation, all of which will be to her great financial detriment and loss. 17. In addition to the aforesaid physical injuries, Plaintiff, Linda K. Guth, as a direct result of Defendant, Joshua Michael Billet's carelessness, recklessness, and negligence has been caused to suffer loss in the form of anxiety, humiliation, frustration, loss of the feeling of well-being, limitation of activities and loss of enjoyment of life. 18. As a further result of Defendant, Joshua Michael Billet's carelessness, recklessness, and negligence, Plaintiff, Linda K. Guth, has been and will in the future be obliged to undergo medical care, to expend various sums of money, and to incur various expenses for the injuries which she has suffered. 19. As a further result of the accident herein, Plaintiff, Linda K. Guth, has and will suffer a loss of her earnings and/or an impairment of her earning capacity and this loss will continue for an indefinite period of time in the future. WHEREFORE, Plaintiff, Linda K. Guth, demands judgment against the Defendant in the amount in excess of One Hundred Thousand Dollars ($100,000.00) plus interest and costs as the law may allow. COUNT II LINDA K. GUTH v. THOMAS TRAYER and LINDA TRAYER 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length. 21. Defendants, Thomas Trayer and Linda Trayer, were the owners of the vehicle being driven by Defendant, Joshua Michael Billet, at the time of this collision. 22. It is believed and therefore averred that at the time of this collision, Joshua Michael Billet was transporting the daughter of Thomas Trayer and Linda Trayer for the benefit of Defendants, Thomas Trayer and Linda Trayer, and therefore acting as their agent. 23. It is therefore averred that the Defendants, Thomas Trayer and Linda Trayer, are liable to Plaintiff, Linda K. Guth, for injuries caused by the carelessness, recklessness, and negligence of Joshua Michael Billett while he was acting as their agent as aforesaid. WHEREFORE, Plaintiff, Linda K. Guth, demands judgment against Defendants, Thomas Trayer and Linda Trayer, in an amount in excess of $100,000.00 plus interest and costs as the law may allow. COUNT III 24. Paragraphs 1 through 23 are incorporated herein as if set forth at length. 25. It is believed and therefore averred that Defendants, Thomas Trayer and Linda Trayer, had reason to know that Defendant, Joshua Michael Billet, would not drive their vehicle safely and with careful regard to the rights and safety of other persons lawfully on the highway. 26. With this knowledge, the Defendants, Thomas Trayer and Linda Trayer, carelessly, recklessly, and negligently entrusted the driving of their vehicle to Defendant, Joshua Michael Billet. WHEREFORE, Plaintiff, Linda K. Guth, demands judgment against Defendants, Thomas Trayer and Linda Trayer, in an amount in excess of One Hundred Thousand Dollars ($100,000.00) plus interest and costs as the law may allow. COUNT IV BARBARA J. GUTH, a Minor, v. JOSHUA MICHAEL BILLET 27. Paragraphs 1 through 26 are incorporated herein as if set forth at length. 28. As a direct result of the impact of the crash caused by Defendant, Joshua Michael Billet's carelessness, recklessness, and negligence, Plaintiff, Barbara J. Guth, was caused to undergo violent movements within the vehicle in which she was a passenger. 29. As a direct result of the sudden and violent movement to which the body of Plaintiff, Barbara J. Guth, was subjected, she suffered injuries to her right foot, a severe bruise on her left leg which extended from the knee all the way down to her left foot and a bruise to the right side of her face which struck the right front passenger window. 30. The carelessness, recklessness and negligence of Defendant, Joshua Michael Billet, consisted of the same actions or inactions as listed previously in this Complaint under Paragraph 12 and such allegations are incorporated herein as if set forth at length. 31. By reason of the aforesaid carelessness, recklessness and negligence of Defendant, Joshua Michael Billet, Plaintiff, Barbara J. Guth, was caused in the past to undergo severe pain and suffering. 32. As a further result of the carelessness, recklessness and negligence of Defendant, Joshua Michael Billet, Plaintiff, Barbara J. Guth, was obliged to undergo medical care for a substantial period of time following the accident. WHEREFORE, Plaintiff, Barbara J. Guth, demands judgment against Defendant, Joshua Michael Billet, in an amount in excess of Twenty Thousand Dollars ($20,000.00) plus interest and costs as the law may allow. COUNT V BARBARA J. GUTH, a Minor, v. THOMAS TRAYER and LINDA TRAYER 33. Paragraphs 1 through 32 are incorporated herein as if set forth at length. 34. Defendants, Thomas Trayer and Linda Trayer, were the owners of the vehicle being driven by Defendant, Joshua Michael Billet, at the time of this collision. 35. It is believed and therefore averred that at the time of this collision, Joshua Michael Billet was transporting the daughter of Thomas Trayer and Linda Trayer for the benefit of Defendants, Thomas Trayer and Linda Trayer, and therefore acting as their agent. 36. It is therefore averred that the Defendants, Thomas Trayer and Linda Trayer, are liable to Plaintiff, Linda K. Guth, for injuries caused by the carelessness, recklessness, and negligence of Joshua Michael Billett while he was acting as their agent as aforesaid. WHEREFORE, Plaintiff, Barbara J. Guth, demands judgment against Defendants, Thomas Trayer and Linda Trayer, in an amount in excess of Twenty Thousand Dollars ($20,000.00) plus interest and costs as the law may allow. Respectfully submitted, R. Mark Thomas, Esquire ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 VERIFICATION I, Linda K. Guth, hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. X I " C't Dated: January 2007 u Linda K. Guth VERIFICATION I, Linda K. Guth, state that I am the mother of the minor Plaintiff Barbara J. Guth in this action, that I make this verification on her behalf because the minor Barbara J. Guth is seventeen (17) years of age, a minor, and that the facts set forth in the foregoing Complaint are true and correct to my knowledge, information and belief. I understand that the statements that I have made here are subject to the penalties of 18 Pa.C.S.A. § 3904 relating to unsworn falsification. Date: January 0, 2007 &/I?? /- ??A Linda K. Guth C'a "' {.?, p - _. , -rti _ . ?= ' . ° c_ i ;n _ -= = r,a ? „-? ? c., - ? .' _.?? r S. a ?.. ??? ! ...:? 3 ;`'a r7 GJ .. ? . ? ? ,C-"' t a LINDA K. GUTH and BARBARA J. IN THE COURT OF COMMON PLEAS GUTH, a Minor, by LINDA K. GUTH, CUMBERLAND COUNTY, PENNSYLVANIA Guardian, : Plaintiffs VS. NO. 06-3661 CIVIL TERM JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: Linda K. Guth and Barbara J. Guth c/o R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON GOVER & PERRY By: Date: 3 - J660 i enley Allen, Esquire I. D. t44-84311 241 orth Front Street Harrisburg, PA 17110 717/232-9900 LINDA K. GUTH and BARBARA J. IN THE COURT OF COMMON PLEAS GUTH, a Minor, by LINDA K. GUTH, CUMBERLAND COUNTY, PENNSYLVANIA Guardian, mamtms vs. JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants NO. 06-3661 CIVIL TERM CIVIL ACTION - LAW DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted based on information and belief. 2. Admitted based on information and belief. 3. Admitted based on information and belief. 4. Admitted based on information and belief. 5. It is admitted based on information and belief that on July 30, 2004 at approximately 3:34 p.m. Plaintiff Linda K. Guth and her daughter Barbara J. Guth were traveling northbound on Orrs Bridge Road in Hampden Township. However, it is denied pursuant to Pa. R.C.P. 1029(e) that the Plaintiff was traveling within the posted speed limit. 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. Admitted in part, denied in part. Linda Trayer did not own the vehicle in question. COUNTI LINDA K. GUTH V. JOSHUA MICHAEL BILLET 10. No responsive pleading required. 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. Denied pursuant to Pa. R.C.P. 1029(e). 13. Denied pursuant to Pa. R.C.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa. R.C.P. 1029(e). 16. Denied pursuant to Pa. R.C.P. 1029(e). 17. Denied pursuant to Pa. R.C.P. 1029(e). 18, Denied pursuant to Pa. R.C.P. 1029(e). 19. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendant respectfully requests this Honorable Court dismiss the Plaintiffs' Complaint with costs to be paid by Plaintiffs. COUNT II LINDA K. GUTH V. THOMAS TRAYER AND LINDA TRAYER 20. No responsive pleading required. 21. Denied pursuant to Pa. R.C.P. 1029(e). 22. Denied pursuant to Pa. R.C.P. 1029(e). 23. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendants respectfully request this Honorable Court dismiss the Plaintiffs' Complaint with costs to be paid by Plaintiffs. COUNT III 24. No responsive pleading required. 25. Denied pursuant to Pa. R.C.P. 1029(e). 26. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendants respectfully request this Honorable Court dismiss the Plaintiffs' Complaint with costs to be paid by Plaintiffs. COUNT IV BARBARA J. GUTH, a Minor V. JOSHUA MICHAEL BILLETT 27. No responsive pleading required. 28. Denied pursuant to Pa. R.C.P. 1029(e). 29. Denied pursuant to Pa. R.C.P. 1029(e). 30. Denied pursuant to Pa. R.C.P. 1029(e). 31. Denied pursuant to Pa. R.C.P. 1029(e). 32. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendants respectfully request this Honorable Court dismiss the Plaintiffs' Complaint with costs to be paid by Plaintiffs. COUNT V BARBARA J. GUTH, a Minor v. THOMAS TRAYER AND LINDA TRAYER 33. No responsive pleading required. 34. Denied pursuant to Pa. R.C.P. 1029(e). 35. Denied pursuant to Pa. R.C.P. 1029(e). 36. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendants respectfully request this Honorable Court dismiss the Plaintiffs' Complaint with costs to be paid by Plaintiffs. NEW MATTER 37. Paragraphs 1 through 36 are incorporated herein by reference thereto. 38. The Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendants respectfully request this Honorable Court dismiss the Plaintiffs' Complaint with costs to be paid by Plaintiffs. Respectfully submitted, NEALON GOVER & PERRY By Je Wenley Allen, ire ffs A or ey I.D. No. 84311 2 North Front Street Harrisburg, PA 17110 Date: Q (717) 232-9900 VERIFICATION I, LINDA TRAYER, verify that the statements made in the foregoing DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER 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: 7 b LIN TRAY VERIFICATION 1, THOMAS TRAYER, verify that the statements made in the foregoing DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4944 relating to unsworn falsification to authorities. Date: VERIFICATION I, JOSHUA MICHAEL BILLET, verify that the statements made in the foregoing DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER 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: l??a l CERTIFICATE OF SERVICE AND NOW, thi day of W (?)vc?-- , 2007, 1 hereby certify that I have \17 - served the foregoing Defendants' Answer to Complaint With New Matter on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 JenAi Henley Allen, Esquire .., .ti - ? -- ) ? -:?, =r1 __ .,_? - - r, ': -- ?;?? ;-: -' .. .. ?:: ;. ?' _? ... -<: <?? , ?: LINDA K. GUTH and BARBARA J. GUTH, a Minor, by LINDA K. GUTH, Guardian Plaintiffs V. JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3661 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER Linda K. Guth and Barbara J. Guth, a minor, by Linda K. Guth, hereby file this reply to the New Matter asserted by the Defendants: 37. Plaintiffs' allegations set forth in Paragraphs 1 through 36 are incorporated herein as if set forth at length. 38. Denied. This allegation is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiffs' claim is cognizant under the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiffs pray this Honorable Court will enter judgment in their favor and against the Defendants. Respectfully submitted, R. Mark Thomas, Esquire ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, attorney for Plaintiffs, certify that I have served a true copy of the foregoing Reply to New Matter on the following person at the following address by depositing same in the United States mail, first class postage prepaid: Matthew R. Gover, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisbur , PA 7110 Dated: July 25, 2007 s.?._ R. Mark homas, Esquire r..a c '> ?-, -- w C7 _ . ,? ?'? ? c :. -- ? _._ r.._ ?? , ; , .?. . ---? r? , ; . ?'. r ?? a ? ,? d? i t ,, ?., J "s;, V ORIGINAL LINDA K. GUTH and BARBARA IN THE COURT OF COMMON PLEAS J. GUTH, a Minor, by LINDA K. GUTH, CUMBERLAND COUNTY, PENNSYLVANIA Guardian, : Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. JOSHUA MICHAEL BILLET, THOMAS TRAYER, and LINDA TRAYER, Defendants NO. 06-3661 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw NEALON GOVER & PERRY'S appearance on behalf of the Defendants, Joshua Billet, Thomas Trayer, and Linda Trayer, with regard to the above- captioned matter. Respectfully submitted, Date: l It 5 /-to 7 NEALON GOVER & PERRY By: Matthew R. Gover, Esquire I.D. No. 47593 For NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 717/232-9900 V CERTIFICATE OF SERVICE AND NOW, this day of October 2007, 1 hereby certify that I have served the foregoing Praecipe for Withdrawal of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 Matthew R. Gover, Esquire ra C"! -n C.;2 c7l •= N ,'" ORIGINAL LINDA K. GUTH and BARBARA J. GUTH, a Minor, by LINDA K. GUTH, Guardian, Plaintiffs V. JOSHUA MICHAEL BILLET, THOMAS TRAYER and LINDA TRAYER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3661 Civil Term Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, Joshua Michael Billet, Thomas Trayer and Linda Trayer, in the above-captioned case. ti516i' DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN GOGGIN BY: DONALD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendants f CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of October, 2007, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 'q., K_ ?)' ? - SUSAN M. WILLIAMS ? ? t") -3 t ?, --; ,. . .? .: .. _ ? -_. _ '.., ?k.? ? T r ..-" j'S'?1 -? y.. 1 ? _^t . ?. .T ' ..ice ? ... ?4, . N LINDA K. GUTH and BARBARA J. IN THE COURT OF COMMON PLEAS OF GUTH, a Minor, by LINDA K. GUTH, CUMBERLAND COUNTY, PENNSYLVANIA Guardian, Plaintiffs V. CIVIL ACTION - LAW JOSHUA MICHAEL BILLET, NO. 06-3661 Civil Term THOMAS TRAYER and LINDA TRAYER, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO: PROTHONOTARY, CUMBERLAND COUNTY Please mark the above-captioned action settled, discontinued and ended, with prejudice. Respectfully submitted, DATE: / ?" &' AZO7 BY: ;5?%?Oov ?? R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 Attorney for Plaintiffs CERTIFICATE OF SERVICE 1, o(?' ,owk ! do hereby certify that on this 4i day of March, 2008, I served a copy of the foregoing document via First Class United States mail, postage prepaid, as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendants 05/358996.v l rs pp M