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HomeMy WebLinkAbout01-1450 ORDER OF COURT AND NOW, /~-~ ~ ~/ , 20 (j 2-- , in consideration of the .. ]~_/ //z.~ / attached petition,_/(Y4.z4,~///'-~--'"~,' , P. squire,//[~r"Lt ~ , · / ~ , are aPl~'mted arbitrators in thc above- captioned action as prayeA for. BY ~ COURT, LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda R, Massal and Additional Defendant, Laura Massal JOHN E. SHELTON, PLAINTIFF VS. LINDA R. MASSAL~ JUSTIN THOMAS WRIGHT, AND DOUGLAS STEWART~ DEFENDANTS VS. ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 2001-1450 CIWL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Donald R. Doter. Ese_uire , counsel for the Defendant, Linda R. Massal and Additional Defendant, Laura Massal in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the plaintiff in the action is $10.000.00 The counterclaim of the Defendant in this action is $ The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Donald R. Doter. Esquire. Attorney for Defendant, l.lnda R. Massal and Additional Defendant. I m~ra Ma~l: Carol L. Cin~ranelli. Eseuire. Attorney for Plaintiffi Richard H. Wix. Esouire. Attorney for Defendant Do-ola~ Stewart and Bfi~id O. Alford. Esouire. Attorney for Defendant Justin Thomas Wdv. ht. WI-~REFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, · -D$~d R. DOter, ~squ ~ Attorney for Defendant, Linda R. Massal and Additional Defendant, Laura Massal Identification No. 39126 CERTIFICATE OF SERVICE I do hereby certify that I have starved a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and addressed as follows: Carol L. Cingranelli, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff Donald Dorer, Esquire 214 Senate Avenue Camp Hill, PA 17011 Attorney for Defendant Linda Massal And Additional Defendant Laura Massal Richard H. Wix, Esquire Wix, Wenger & Weidner, PC 4705 Duke Street Harrisburg, PA 17109 Attorneys for Defendant Stewart Brigid~. Alford, Esquire Date: ~'~/~ ~-~ _CERTIFICATE OF SERVICI~ I do hereby certify that I have served a tree and correct copy of the foregoing De.fendant Justin Thomas Wright's Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Carol L. Cingranelli, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA. 17013 Attorneys for plaintiff Donald Dorer, Esquire 214 Senate Avenue Camp Hill, PA 17011 Attorney for Defendant Linda Massal And Additional Defendant Laura Massal Richard H. Wix, Esquire Wix, Wenger & Weidner, PC 4705 Duke Street Harrisburg, PA 17109 AttorneyS for Defendant Stewart JoHN E. sHELTON~laintiff LINDA R. MAsSAL, JUSTIN T. DouGLAS sTEWART~efendantS · coMMONWEALTH OF pENNSYLVANtA COUNTY OF CUMBERLAND WRIGHT, and : Fire No. 2~1450 FOR DISCOVERY puRSUANTTO RULE Car~'°~a 1' (Name of pe~'""'""-'-'~r$, ,n or twenty (20) days ~Aer sewice of this subpoena, you Are ordered by the cou~ to produce ~e following litnin ~o~S, ~rres~n~n~' ~ocu~entS or t~tn~s. ~_~ recOrds, erralS, e%C. ~ 9f~ ~47-~60) f~m . . ~u may deliver cr m~il teg~le copies of %he documents or produce ~hincS requested DY ~is subpcena, together ~he ce~ficm~e of compliance, to t~e p~r~ m~king ~his reques~ · seek ia advsnce ~he resscna~le coS~ of preparing ~e ccpies or prcducing the 5brags sought. ~he documents or 5hingS required ~Y this subpoen~ w thin ~en~ (20) days a~er its service, you ~a~t to produce ' cour; order compelting you ~o compty >sr~ se~ing this subpoenS may seek a SuBpoENAWAS tSSMED ATTH~ R~u~ST OF ~, ,- ~ - . Bri~id Q' Alford E ' ~sme~~ 315 N. Front street ~ tess; ~ Harrisbur PA 17101 ~ ~hone'. (717) 236-9377 ~ ~ loreme Court [ID ~ 38~590 ' 'Dfe endant justin ~ w~i bt ~orney For: .coMMONWEALTH OF pENNSYLVANIA ' ' coUNTY OF cuMBERLAND JOHN E. sHELTON'Plaintiff : and V. ; LINDA R. MAsSAL, JusTIN T. wRIGHT, DouGLAS STEWART'DefendantS : LAURA MASSALkdditional Defendant suoPOENATO pRODUCE DOCUMENTS ORTHINGS FOR DIscOVERY puRSUANTTO RuLE ~,009.22 · . . ter - Dr. Albers _ -- ~ Li ht Medical cen~e~ --(N~. 5. fOllOWing rae ot Person or J[thin L~'uenrY (20) days a~er sewice of this subpoena, you are ordered by the court to produce the ~OCUm .... ~ · ' .._. ~o9q-47-9060) - An and all m ~helton social Securit ~ ~' _ refer~&l _ =.; 31__~5 (AdCres$) subpoena, together may deliver or mail tegible c=oies of the documents or things requested ~Y this fight ---liancel ~o the parW · '"e co~ies or produc',ng ,~e mJ g You . mak ng this recueSt at the addreSS [ts, t the certificate o],.c_°.m=~.ona~le cost of preparing ~- service, seek in advance ~n~ u faii to prodUCe the documents or things required by this subpoena within ~Nen~Y (20) days a~er its par~ sewing this su~poen~ may seek a coUrz order compeJiing you to comPJY with tS SuBpoENA WAS tSSUED AT TH5 REOuSST OF TH5 FOLLOW mu , ~ddress: 315 N. Fron~ ~reet Supreme Court IQ ~ ~ &%%orney For: ~ Deputy (Eft. 7/g7) · . 'coMMONWEALTH oF pENNSYLVANtA coUNTY oF CUMBERLAND JOHN E. SHELTON, Plaintiff V. LINDA R. MASSAL, JusTIN T. wRIGHT, and DouGLAS STEWA~Te~endantS : V- LAURA MASSA~itional Defendant ' suBpOENATO pRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY pURSUANTTO RULE ~,009.22 File No. 20_~_~450 · nt stree 315 North Front stree~ - (Ad~ress) L ~ by this subpoena, together u may deliver or mail tegibie copies of the documents or produce thjncs requested have the right the cer~ficate of ccmpJiance, [o ~e par~ m~kJng this re~ues~ at [h~address listed ~bove. You seek in advance ~he reaSOnaCle cost of preparing the copies or producing the things sought. this subpoena within ~enW (20) days a~er its service, the documents or ~hJngs required by ccmpty wi~h you ~iJ ~o produce ' ccur; order compelling you to ne par~ sewing ibis subpoena may seek ~ ' ~EQu~ST OF T~ FOLLOWING p~RSON: suBPOENA WAS iSSUED AT 315 N. Front street kddress: ~ ~arr~bur , PA 17101 t~ohone' (7~7) 236-9377 38590 ~t~rney For: ~ndant justin m Date: ~~ (Eft, 7/97) lithin ~~ent7 (.20) days afl, er serViCe of this subpoena, you are ordered by the court, to produce the foliowing 17101- ~ You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, By: Brigid Q. Al~ora, q /] Supreme Court #38590 c/ Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Justin Thomas Wright Date: ~/oz _ Bdsi~ Q. A]~ord. £squi~e Sup~me court I.D. #35?0 : IN THE COURT OF coMMON PLEAS JOHN E. SHELTON, : CUMBERLA-ND CouNTY, pENNSYLVANIA Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, and DOUGLAS STEWART, Defendants LAURA MASSAL, Additional Defendant No. 2001-1450 : CIV]L ACTION - LAW : : : Defendant lustin Thomas Wright intends to serve a subpoena identical to the one that is attached to this notice upon the following: 1. Carlisle Hospital Dr. Winer Dr. Albers - Light Medical Center (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: ~ Jeffrey E. Piccola, Esqmre Supreme Court #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorney for Defendant Wright Date: March ~a~,q_, 2002 Brlgid Q. Alford, Esquir~ Jeffrey E. Piccola, Esquir~ North Front S~¢¢t A~l~or~ey~ for Dcfenflant Justin Thomas Wright : IN THE COURT OF COMMON PLEAS JOHN E. SHELTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : No. 2001-1450 LINDA R. MASSAL, : JUSTIN THOMAS WRIGHT, : and DOUGLAS STEWART, Defendants :: CIVIL ACTION - LAW LAURA MASSAL, : Additional Defendant ' ~ pRERE UISITE TO SERVICE OF ~ PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to all attorneys of record at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate. (3) No objection to the subpoenas has been received. 011-1B-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite ~03 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda R. Massal and Additional Defendant, Laura Massai JOHN E. SHELTON, PLAINTIFF VS. LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, AND DOUGLAS STEWART, DEFENDANTS VS. LAURA MASSAL, ADDITIONAL DEFEi~m.t~IT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CWIL T~RM CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, LiMa R. Massal and Additional Defendant, Laura Massal, herein, and that he caused a true and correct copy of the attached Answer of Defendant, lJind~ R. Massal and Additional Defendant, Laura Massal. to New Matter in the Nature ofa Crossclaim A~ainst Defendants Massal and Stewa~ t Pursuant to PaR.CP. 2252(d) to be served by regular first class mail upon: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Defendant Stewart Bfigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant Wright Date: Janu 22 2002 · o er, Esquire Attorney for Defendant, Linda R. Massal and Additional Defendant, Laura Massal 01HB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731=0988 Attorneys for Defendant, Linda IL Mnssal and Additional Defendant, Laura IL Mnssal JOHN E. SHELTON, PLAINTIFF VS. LIIVDA IL MASSAL, JUSTIN THOMAS WRIGHT, AND DOUGLAS STEWART, DEFENDANTS VS. LAURA MASSAL, ADDITIONAL DEFENDANT ~1 TH~ COURT OF COMlVION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001=1450 CV~qL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, LINDA R. MASSAL AND ADDITIONAL DEFENDANT, LAURA MASSAL, TO NEW MATTER IN THE NATURE OF A CROSSCLAI~ AGAINST D]~FENOANTS MASSAL AND STEWART PURSUANT TO PA.R.C.P. 2252(D) 34. Paragraph 34 is an incorporation by reference paragraph to which no response is required. 35.-36. Denied. These paragraphs set forth conclusions of law as to which no response is required fi.om Answering Defendants. Should any allegations therein be deemed factual in nature, said allegations are generally denied pursuant to Pa.R.C.P. 1029(e). CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Wright's Reply to New Matter in Nature of Cmssclaim Filed by Defendant Massal by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Carol L. Cingranelli, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff Richard H. Wix, Esquire Wix, Wenger & Weidner, PC 4705 Duke Street Harrisburg, PA 17109 Attorneys for Defendant Stewart Donald Dorer, Esquire 214 Senate Avenue Camp Hill, PA 17011 Attorney for Defendant Linda Massal Laura Massal 302 Sharon Drive New Cumberland, PA 17070 Date: By: Brigid Q~Alford, ~squ~6 VERIFICATION I, Justin Thomas Wright, Defendant, hereby verify that the facts contained in the foregoing R~[~sI~ t:o t~4~lt~ant: l~lass~tl- ~ N~ i:.~llaoe~~r' ~r'~]qlre~an~l~o~tst~C~feat~st of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. WRIGHT WHEREFORE, Defendant Wright requests that the Court dismiss the Crossclaim of Defendant Massal as to him. Respectfully submitted, By: Supreme Court I.D. #~8590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Wright Date:/~__[~ JOHN E. SHELTON, Plaintiff LINDA IL MASSAL, JUSTIN THOMAS WRIGHT, and DOUGLAS STEWART, Defendants V. LAURA MASSAL, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CML ACTION - LAW DEFENDANT WRIGHT'S REPLY TO NEW MATTER IN NATURE OF CROSSCLAIM FILED BY DEFENDANT MASSAL 32. Defendant Wright incorporates herein by reference his answers to Paragraphs 1-21 of Plaintiff Shelton's Complaint. 33. Denied as to Defendant Wright. 34. Denied as to Defendant Wright. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Justin Thomas Wright's Answer to Complaint with New Matter and Crossclaims by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Carol L. Cingranelli, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorneys for Plaintiff Richard H. Wix, Esquire Wix, Wenger & Weidner, PC 4705 Duke Street Harrisburg, PA 17109 Attorneys for Defendant Stewart Donald Dorer, Esquire 214 Senate Avenue Camp Hill, PA 17011 Attorney for Defendant Linda Massal Laura Massal 302 Sharon Drive New Cumberland, PA 17070 By: '~- Esq~re VERIFICATION I, Justin Thomas Wright, Defendant, hereby verify that the facts contained in the foregoing Answer to Complaint with New Matter and Crossclaims to are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. 36. Defendants Massal and Stewart are therefore solely liable to PlaintiffShelton, jointly and severally liable to Plaintiff Shelton, and/or liable over to Defendant Wright on any judgment that may be entered in favor of Plaintiff Shelton and against Defendant Wright. WHEREFORE, Defendant Wright demands that PlaintiffShelton's Complaint against him be dismissed, that judgment be entered against Plaintiff Shelton and in favor of Defendant Wright, and that Defendants Massal and Stewart be held solely liable to Plaintiff Shelton, jointly and severally liable to Plaintiff Shelton, and/or liable over to Defendant Wright on any judgement that may be entered against him. Respectfully submitted, Date: By: Bri~'d Q? Alford, ~squ~re Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Wright NEW MATTER 30. Defendant Wright incorporates herein by reference the allegations set forth in the Complaint he has previously filed against Defendants Massal and Stewart and docketed to No. 2000- 7833 in the Cumberland County Court of Common Pleas. The sudden emergency doctrine bars Plaintiff Shelton's claims against Defendant 31. Wright. 32. 33. The Complaint fails to state a claim against Defendant Wright. Plaintiff Shelton's injuries and damages, if any, were caused by the actions and/or omissions of persons other than Defendant Wright. WHEREFORE, Defendant Wright demands that the Complaint against him be dismissed, or that judgment be entered in his favor and against Plaintiff Shelton. NEW MATTER IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANTS MASSAL AND STEWART PURSUANT TO PA.R.C.P. 2252(d} 34. Defendant Wright incorporates herein by reference his answers and avennents as set forth in Paragraphs 1-33, above. 35. If Plaintiff Shelton did sustain the damages as alleged, which allegations are specifically denied, then said damages were caused not as a result of any negligence, carelessness or recklessness of Defendant Wright, but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Defendants Massal and Stewart. -5- a) Den/es that he was operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; h) Den/es that he was operating the vehicle at an excessive rate of speed under the circumstances; c) Denies that he failed to have the vehicle under proper and adequate control; d) Den/es that he negligently applied the brakes; e) Denies that he operated the vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvan/a. WHEREFORE, Defendant Wright demands that the Complaint against him be dismissed, or that judgment be entered in his favor and against Plaintiff Shelton. ANSWER TO COUNT IH Shelton v. Stewart 28-29. Paragraphs 28 and 29 are directed to Defendants other than Defendant Wright and require no response fi:om him. WHEREFORE, Defendant Wright demands that the Complaint against him be dismissed, or that judgment be entered in his favor and against Plaintiff Shelton. -4- 18. Defendant Wright is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 18; proof thereof is demanded. 19. Defendant Wright is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 19; proof thereof is demanded. 20. Defendant Wright is without knowledge or information sufficient to form a belief as to the troth of the matters averred in Paragraph 20; proof thereof is demanded. 21. Paragraph 21 sets forth a conclusion of law to which no response is required. ANSWER TO COUNT I Shelton v. Massal 22-25. paragraphs 22 through 25, inclusive, are directed to Defendants other than Defendant Wright and require no response from him. WHEREFORE, Defendant Wright demands that the Complaint against him be dismissed, or that judgment be entered in his favor and against Plaintiff Shelton. ANSWER TO COUNT II Shelton v. Wright 26. Defendant Wright incorporates herein by reference his answers to Paragraphs 1 through 25, above. 27. Paragraph 27 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, Defendant Wright: -3- 8. Admitted. 9. Admitted. 10. Admitted, with the clarification that the vehicle in which Plaintiff Shelton was traveling was not moving at the time of the accident in question; it was stationary on the berm of southbound Interstate 81, due to a jack-knifed tractor-trailer up ahead. 11. Admitted. 12. Admitted. 13. Admitted that, prior to coming to a stop, Defendant Wright began to and did brake, upon noticing the j ack-knifed tractor trailer ahead; he also pulled offthe side of the road completely and came to a complete stop, at which time he was struck from behind by the vehicle operated by Defendant Massal. 14. Admitted that Defendant Massal collided the right front portion of her vehicle with the left rear portion of Defendant Wright's vehicle. 15. Admitted that Defendant Stewart collided the front portion of his vehicle with the right rear portion of Defendant Wright's vehicle. 16. Defendant Wright is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 16; proof thereof is demanded. 17. Defendant Wright is without knowledge or information sufficient to form a belief as to the troth of the matters averred in Paragraph 17; proof thereof is demanded. -2- JOHN E. SHELTON, Plaintiff LINDA IL MASSAL, JUSTIN THOMAS WRIGHT, and DOUGLAS STEWART, Defendants LAURA MASSAL, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CIVIL ACTION - LAW DEFENDANT JUSTIN THOMAS WRIGHT'S ANSWER TO COMPLAINT WITH NEW MATTER AND CROSSCLAIMS Defendant Justin Thomas Wright, by his attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, answers the Complaint as follows: 2. 3. 4. 5. 6. Admitted, upon information and belief. Admitted. Admitted. Admitted. Admitted. Admitted, with the clarification that the registration plate number was YZK5522. 7. Admitted. JOHN E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, and DOUGLAS STEWART, Defendants LAURA MASSAL, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUN~/, PENNSYLVANIA No. 2001-1450 CIVIL ACTION - LAW NOTICE TO PLEAD TO: John E. Sheiton C/O Carol L. Cingraneili, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Linda Massal C/O Donald Dorer, Esquire 214 Senate Avenue Camp Hill, PA 17011 Douglas Stewart C/O Richard H. Wix, Esquire Wix, Wenger & Weidner, PC 4705 Duke Street Harrisburg, PA 17109 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. Date: BOSWELL, TINTNER, PICCOLA & WICKERSHAM Bri~{d QgAlford, Esqu~ m:~ome\bqa\litigafistatefrm.~WRIGHT~entryofappearance.wpd Draft #1 October 17, 2001 JOHN E. SHELTON, Plaintiff LINDA IL MASSAL, JUSTIN THOMAS WRIGHT, and DOUGLAS STEWART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances ofBrigid Q. Alford, Esquire, Jeffrey E. Piccola, Esquire and Boswell, Tintner, Piccola & Wickersham on behalf of Defendant Justin Thomas Wright. Respectfully submitted, By: Brig/d Q. Alford, E}squire/~ Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Wright Date: JOHN E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS sTEWART, Defendants IN THE cOURT OF 'cOMMON PLEAS cUMBERLAND cOUNTY, PENNSYLVANIA NO. 2001-1450 CIVIL ACTION - LAW jURy TRIAL DEMANDED DBFm~_.~T DOUgT.an BT_E~__n?'S RRPLY TO THH 32. Defendant Stewart incorporates herein by reference his answers to the allegations of Plaintiff's Complaint. 33. Denied. 34. Denied. WHEREFORE, Defendant requests your Honorable Court to dismiss the Crossclaim of Defendant Linda R. Massal. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. W . q Attorneys for Defendant Stewart 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 10/12/2001 JOHN E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants IN THE COURT OF cOMMON pLEAS CUMBERLAND coUNTY, PENNSYLVANIA NO. 2001-1450 CIVIL ACTION - LAW JURY TRIAL DEMANDED pBAECIPE TO THE PROTHONOTARY Defendant Douglas Stewart requests a Writ be issued to join the following as Additional Defendant in the above-captioned case: Laura Massal 302 Sharon Drive New cumberland, PA 17070 WIX, WENGER & WEIDNER BYRichard H. Wlx, Esq., ID# 0727~ Attorneys for Defendant Stewart 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 10/12/2001 01HB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Linda R. Massal JOHN E. S]~.s.TON, VS. LINDA R. MASSAL, Jusr~q THOMAS WRIGHT, AND DOUGLAS S's'scWART, D~Z~OA~rrs IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CFeH, TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Linda R. Massal, herein, and that he caused a true and correct copy of the attached Answer with New Matter and New Matter Crosschim of Defendant, Linda R. Massal, to Plaintiff's Complaint to be served by regular first class mail upon: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Defendant Stewart Timothy A. Shollenber{~er, Esquire ShoHenberger & Januzzi, LLP 1820 Linslestown Road Harrisburg, PA 17110 Attorney for Defendant Wright Date: October 2. 2001 Donald R. Doter, Esquire' Attom~ for Defendant, Linda R. Massal 01HB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, SuRe 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Linda R. Massal JOHN E. StarX.TON, VS. LINDA R. MASSAL, JU~-r~N THOMAS WRIGHT, AND DOUGLAS $'rzWART, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001=1450 Civil T~RM CIVIL ACTION - LAW jURy TRIAL DEMANDED VERIFICATION I, Linda R. Massal, verify that the statements made in the foregoing Answer with New Matter and New Matter Crossclaim of Defendant. lJnda R. M~! to plainfiW's Complaint, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate at, er investigation and trial preparation are complete and ! leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Linda R. Massal WH~0~, the Defendant, Linda R. Massal, respectfully prays this Honorable Court to dismiss Plain~'~f's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant, Linda R. M~ssal. Respectfully submitted, Donold R. Dorer, Bsquire Attorney for Defendant, Linda R. Massal Identification No. 39126 WHHRBFORB, the Defendant, Linda R. Massal respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant, Linda R. Massal. 30. 31. Paragraphs 1 through 29 are incorporated herein by reference, and made a pall hereof as if set forth in full. Plaintiff's claims are barred in whole or in pan by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. ~ORE, the Defendant, Linda R. Massal respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant, Linda R. Massal. N -,v MA'rr .a ~ ~m NATURE OF A CROSSCLAIM PURSU~ · o PA.R.C.P. 2252(~) A~AINSr DP_I~I~OANTS, JUSTIN THOMAS WRIGHT AND DOUGLAS S'r~WART 32. 33. 34. Defendant, Linda R. Massal, incorporates herein by reference as though fully set fo~h at length the allegations of Plaintiff's Complaint, without admitting or denying same. If Plaintiff did sus~lin the damages as alleged, which allegations are specifically denied, then said damages were caused, not as a result of any negligence, carelessness or recklessness of Defendant, Linda R. Massal, but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Defendants, Justin Thomas Wright and Douglas Stewart. Defendants, Justin Thomas Wright and Douglas Stewart should therefore be held solely liable to the Plalniiff, jointly and severely liable to the Plaintiff, and/or liable over to Answering Defendant on any judgment that may be entered in favor of I~lalntiff and against Answering Defendant. 10. Admitted. 11. Admitted. 12. Admitted. 13. Paragraph 13 pertains to Defendant, lust-in Thomas Wright, as to which no response is required from Answering Defendant. 14. Denied. This paragraph is generally denied pursuant to Pa.R.C.P. §i029(e). 15. Paragraph 15 pertains to Defendant, Douglas Stewart, as to which no response is required from Answering Defendant. 16.-21. Denied. Those paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). 22. Paragraph 22 is an incorporation by reference paragraph as to which no respunse is required from Answering Defendant. 23. Paragraph 23 appears to set forth a conclusion of hw as to which no response is required from Answering Defendant. By way of further statement, any allegations deemed factual in nature therein are generally denied pursuant to Pa.R.C.P. §1029(e). 24. Admitted. 25. Denied. This paragraph is generally denied pursuant to Pa.R.C.P. §1029(e). 26. -27. These paragraphs pertain to Defendant, Justin Thomas Wright, as to which no response is required from Answering Defendant. 28.-29. These paragraphs pertain to Defendant, Douglas Stewart, as to which no response is required from Answering Defendant. 0 II-IB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant? Linda R. Massal JOH E. S/IRI'.TON, VS. LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, AND DOUGLAS S'I'I~VART, DEI~NDANTS IN THE COURT OF COMMON PLEAS CUMBERLkND COUNTY, PENNSYLVANIA No. 2001=1450 ~ TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER VglTH NEW ]~_ATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT~ LINDA R. MASSAL~ TO PLAINTWF'S COMPLAINT 6. 7. 8. Admitted. Admitted. Paragraph 3 pertains to Defendant, Justin Thomas Wright, as to which no response is required from Answering Defendant. Paragraph 4 pertains to Defendant, Douglas Stewart, as to which no response is required from Answering Defendant. Admitted. Denied. This paragraph is generally denied pursuant to Pa.R.C.P. §1029(e). Admitted. Paragraph 8 pertains to Defendant, Douglas Stewart, as to which no response is required from Answering Defendant. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Donald Dorer, Esquire, Richard H. Wix, Esquire, and Justin Wdght by depositing same in the United States Mail, first class, postage pre-paid on the //,~.~ day of .~:~t~, 2001, from Carlisle, Pennsylvania, addressed as follows: Donald Dorer, Esquire Jacobs & Saba 214 Senate Avenue Camp Hill, PA 17011 Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Justin Wright 1531RadcliffAvenue Lynchburg, PA 24502 TURO LAW OFFICES 28 South Pitt Street Cadisle, PA 17013 (717) 245-9688 Attorney for Plaintiff e) in negligently applying the brakes; f) in failing to keep a proper lookout and to observe the Honda braking prior to the collision; f) in failing to drive at a speed that would have allowed him to stop within the assured clear distance ahead; g) in permitting or allowing the vehicle to strike and collide with the vehicle in which Plaintiff rode; h) in operating said vehicle in a careless manner and with disregard for the lives and property of others; and i) in otherwise operating said vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff SHELTON demands judgment against Defendant STEWART for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully Submitted, Carol L cih~gr~helli, E,~quire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 27. The aforesaid, motor vehicle collision was direct and proximate result of the negligence of Defendant WRIGHT in operating his vehicle in a careless, reckless and negligent manner as follows: a) in operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; b) in operating said vehicle at an excessive rate of speed under the circumstances; c) in failing to have said vehicle under proper and adequate control; d) in negligently applying the brakes; e) in operating said vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of Commonwealth of Pennsylvania. WHEREFORE, Plaintiff, JOHN E. SHELTON, demands judgment against Defendant WRIGHT for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III SHEL.TON V. STEWART 28. Paragraphs 1 through 27 of Plaintiff's complaint are incorporated herein by reference and made a part hereof as if set forth in full. 29. The aforesaid motor vehicle collision was a direct and proximate result of the negligence of Defendant STEWART in operating his vehicle in a careless, reckless and negligent manner as follows: a) in operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; b) in operating said vehicle at an excessive rate of speed under the circumstances; c) in failing to have said vehicle under proper and adequate control; d) in failing to apply the brakes in time to avoid a collision; e) in negligently applying the brakes; f) in failing to keep a proper lookout and to observe the Honda braking prior to the collision; g) in failing to drive at a speed that would have allowed her to stop within the assured clear distance ahead; h) in permitting or allowing the vehicle to strike and collide with the vehicle in which Plaintiff rode; i) in operating said vehicle in a careless manner and with disregard for the lives and property of others; and j) in otherwise operating said vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 24. At all times herein, LAURA R. MASSAL was operating the Geo Prism with the expressed and/or implied permission of Defendant MASSAL. 25. Defendant MASSAL was negligent in that: a) She entrusted the use of the 1992 Geo Prism to LAURA R. MASSAL, whom she knew or should have known drove recklessly and/or negligently, and; b) She entrusted said vehicle to LAURA R. MASSAL when it was likely that she would operate said vehicle in such a manner as to create an unreasonable risk of harm to others. WHEREFORE, Plaintiff SHELTON demands judgment against Defendant MASSAL for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II SHELTON V. WRIGHT 26. Paragraphs 1 through 25 of Plaintiff's Complaint are incorporated herein reference and made a part hereof as if set forth in full. f) mental and physical anguish. 17. As a direct and proximate result of the aforesaid injuries, Plaintiff SHELTON has undergone and in the future will undergo great pain and suffering for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff SHELTON has suffered and may continue to suffer a loss in earnings for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff SHELTON has suffered an inability to enjoy life and life's pleasures for which damages are claimed. 20. As a further result of the aforesaid collision, Plaintiff SHELTON has incurred and may continue to incur reasonable and necessary medical and rehabilitative costs and expenses. 21. Plaintiff SHELTON is entitled to recover the full extent of his damages, including all non-economic damages, because as an out-of-state resident he is not subject to the limitations of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701 et seq.. COUNT I SHELTON V. MASSAL 22. Paragraphs 1 through 21 of Plaintiff's complaint are incorporated herein by reference and made a part hereof as if set forth in full. 23. The aforesaid motor vehicle collision was a direct and proximate result of the negligence of LAURA R. MASS^L, operator of vehicle owned by Defendant MASSAL, in operating said vehicle in a careless, reckless and negligent manner as follows: a) b) c) d) in operating the vehicle in a manner not consistent with the read and weather conditions prevailing at the time; in operating said vehicle at an excessive rate of speed under the circumstances; in failing to have said vehicle under proper and adequate control; in failing to apply the brakes in time to avoid a collision; 7. At the aforesaid time and place, Defendant, MASSAL was the owner of a blue 1992 Geo Pdsm, beadng Pennsylvania registration plate number TPT 567. 8. At the aforesaid time and place, Defendant STEWART was the owner and operator of a red 1989 Nissan 240SX, bearing Virginia registration plate number DSDZlNS. 9. At the aforesaid time and place, LAURA R. MASSAL, daughter of Defendant MASSAL, was the operator of the Geo Prism. 10. At the aforesaid time and place, Plaintiff SHELTON was traveling in Defendant WRIGHT's vehicle heading southbound on Interstate 81 in Cumberland County, Pennsylvania. 11. At the aforesaid time and place, LAURA R. MASSAL was traveling southbound on Interstate 81 directly behind the car in which Plaintiff SHELTON was a passenger. 12. At the aforesaid time and place, Defendant STEWART was traveling southbound on Interstate 81 directly behind the vehicle owned by Defendant MASSAL.. 13. The operator of the black Honda Accord, Defendant WRIGHT, began to brake upon noticing an accident ahead in the read. 14. As Defendant WRIGHT slowed his Honda, LAURA R. MASSAL, the operator of the Geo Prism, rear-ended the Honda on the driver's side of the car. 15. Immediately following the impact of Defendant MASSAL's vehicle with Defendant WRIGHT's vehicle, the Nissan ddven by Defendant STEWART rear-ended the Honda. 16. As a result of the aforesaid collisions, Plaintiff SHELTON has suffered serious and permanent injuries, including but not limited to the following: a) severe strain and sprain of the muscles, tendons, ligaments and b) c) d) e) other soft tissues at or about the cervical spine; severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; head pain; post-traumatic cephalalgia; shock to the nerves and nervous system; and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. SHELTON, Plaintiff :NO 2001-1450 : CIVIL ACTION - LAW LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants COMPLAINT AND NOW COMES THE PLAINTIFF, JOHN E. SHELTON, by and through his attorneys, TURO LAW OFFICES, and does respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. The Plaintiff, JOHN E. SHELTON, is an adult individual who currently resides at 222 Greendale Drive, Rustburg, Virginia, 24588. 2. The Defendant, LINDA R. MASSAL, is an adult individual whose last known address is 302 Sharon Drive, New Cumberland, Pennsylvania, 17070. 3. The Defendant, JUSTIN THOMAS WRIGHT, is an adult individual whose last known address is 1531 Radcliff Avenue, Lynchburg, Virginia, 24502. 4. The Defendant, DOUGLAS STEWART, is an adult individual whose last known address is 526 Sweeney Circle, Forest, Virginia, 24551. 5. The facts and cimumstances hereinafter set forth took place on Mamh 14, 1999, at or about 2:50 p.m. in the southbound lanes of Interstate 81 near Exit No. 11. 6. At the aforesaid time and place, Plaintiff, SHELTON was a passenger in a vehicle owned and operated by Defendant WRIGHT. Said vehicle was a black 1996 Honda Accord EX, bearing Virginia registration plate number Y2K5529. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN E SHELTON, Plaintiff Ve LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants File No. 2001-1450 PRAECIPE AND RULE TO FILE X A COMPLAINT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID CoLrRT: Issue rule on Plaintiff in the above case within twenty days suffer a judgement of non pros. DATE: 8/22/01 to file a Complaint after service of the rule or Print Name: Rlcnara B. Wixt Esq. Attorney for: Defendant Stewart Address: 4705 Duke Street Harrisburg PA 17109-3099 Telephone No: (717) 652-8455 Supreme Court ID No.: 07274 , ~ RULE ISSUED A~ABO~-E. Prothonotary ~ (_ Deputy (NOTE: File in duplicate) PROTHON · - 12 ~, ' JOHN E. SHELTON, Plaintiff Ve LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1450 CIVIL ACTION - LAW JURY TRIAL DEMANDED p~aRCIPE FOR APPF~%~%NCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Douglas Stewart in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant Stewart 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: July 17, 2001 01HB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 50:} Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda IL Massal JOHN E. SI~I~I.TON, VS. LINDA R. MASSAL, Jua-r~ T~OMAS WRIGHT, AND DOUGLAS STEWART, DEI~NOANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ]~ENNSYLVANIA No. 2001-1450 CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Linda R. Massal, herein, and that he mused a true and correct copy of the attached Entry of Apoearance to be served by regular first class mail upon: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Douglas Stewart 65 Cedar Haven Court Apartment 202 Forest, VA 24551 Justin Thomas Wright 1531 Radcliff Avenue Lynchburg, VA 24507 Date: Jul 11 2001 Don~d R Dorer, Esqu' (Cfi Attorney for Defendant, Linda R. Massal O1HB-O0092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant? Linda R. Massal JOHN E. SI~:LTON, VS. LINDA R. MASSAL, Jusr~ THOMA~ WRIGHT, AND DOUGLAS S'r~WART, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CIWL T~RM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Linda R. MassaL By[ //f AtWmey for Defendant, Linda R. Massal Identification No. 39126 Date: 01HB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Linda R. Massal Jo~ E. S~I~..I.TON, VS. LINDA R. MASSAL, Jvs'rm TUOMAS WRIGHT, AND DOUGLAS S'rl~WART, D~I~O~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~ENNSYLVANIA NO. 2001-1450 CIVIL TERM CIVIL ACTION = LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Linda R. Massal, herein, and that he caused a true and correct copy of the attached Praecioe for Rule to File Comolalnt to be served by regular first class mail upon: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Douglas Stewart 65 Cedar Haven Court Apartment 202 Forest, VA 24551 Justin Thomas Wright 1531 RadcliffAvenue Lynchburg, VA 24507 Date: July 11.2001 Donald R. Dorer, Esquire Attorney for Defendant, Linda R. Massal 01HB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda R. Massal JOHN E. SHI/LTON, VS. LI~OA R. MASSAL, JUST~ WRIGItT~ AND DOUGLAS ST~-I~ART~ D~-FENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-1450 CF~L T~RM CIVIL ACTION = LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO TI-IB PROTHONOTARY: the entry of a Judgment of Non Pros. Date: July 11. 2001 Attorney for Defendant, Linda R. Massal RUL~ TO ~ COMPLAINT ANDNOW, this /_~/~dayof '~/V ,2001aRUlJ~ishereby entered upon the plaintiff to file a Complaint here~l Within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. P~.6THONOTARY ~ 452 476 228 JOHN E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2001-1450 : CIVIL ACTION - LAW : : : : : : AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Writ of Summons filed in the above captioned case upon Justin Thomas Wright, by certified mail, return receipt requested on May 23, 2001 addressed to: Justin Thomas Wright 1531 Radcliff Avenue Lynchburg, PA 24507 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 29, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Z 4~2 476 2~9 US Po~b~ Receipt for Certified Mail NO Insurance ~ove~age Provided. Do not use for International Mail (See reverse~ JOHN E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO 2001-' 1~5'0 c_,~'{ : CIVIL ACTION - LAW : : : AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Writ of Summons filed in the above captioned case upon Douglas Allen Stewart, by certified mail, return receipt requested on May 23, 2001 addressed to: Douglas Allen Stewart 65 Cedar Haven Court Apartment 202 Forest, VA 24551 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 25, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES n Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STE'VVART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO 2001 "/ CIVIL ACTION - LAW ' T TO THE ABOVE NAMED DEFENDAN S: YOU ARE NOTIFIED THAT THE ABOVE NAMED pLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date -Deputy / RUE COPY FROM RECORD m ~Testimony wnereol, I here unto set n~J md the ~ ot said Cou~bat Carlisle. Pa~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01450 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHELTON JOHN E VS MASSAL LINDA R 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, DEFENDANT MASSAL LIN-DA R unable to locate Her WRIT OF SUMMONS but was in his bailiwick. He therefore returns the , NOT FOUND , as to the within named DEFENDANT , MASSAL LINDA R ADDRESS STATED IS YORK COUNTY. UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 R.~Thomas Kline Sheriff of Cumberland County RON TURO 07/11/2001 Sworn and subscribed tone. fore me this / ~. day of ~ JOHN E. SHELTON, Plaintiff LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO 01 ~1450 : CIVIL TERM : : : : : : : TO THE PROTHONOTARY OF SAID COURT: Please reinstate the Wdt of Summons filed in the above captioned matter. Date Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff JOHN E. SHELTON, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO 2oo : CIVIL ACTION - LAW : LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED pLAINTIFF HAS COMMENCED ACTION AGAINST YOU. AN prothonotary Date Deputy OHN E. SHELTON, Plaintiff MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO 2001- ~/5'O : CIVIL ACTION - LAW : : : : : : pRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Write of Summons on the above named Defendants at the following address: Linda R. Massel 302 Sharon Drive New Cumberland, PA 17070 Justin Thomas Wright 1531 Radcliff Avenue Lynchburg, VA 24507 Douglas Stewart 65 Cedar Haven Court Apt. 202 Forest, VA 24551 Respectfully Submitted 28 South Pitt Street Carlisle, PA 17013 (717) 245-9~SS Attorney for Plaintiff Cumberland County, ss: The Commonwealth of Pennsylvania to Laura Massal (~x~,;~=: o/Addition, a/ Defendant) You are notified that_ ~.~ln~ .~e-wnr,__ . (Name (~) o~ Ddex~dant (s) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date October 15, 2001 (~) --_________~i_s.. R. Long Laura Massal 302 Sharon Drive New CL~berland, PA 17070 JOHN E. SHELTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBF_RLAND COUNTY, PENNSYVLANIA LINDA R. MASSAL, JUSTIN THOMAS WRIGHT, DOUGLAS STEWART, Defendants NO. 01-1450 : CIVIL TERM PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please settle, discontinue and withdraw the, above-captioned Complaint on behalf of the Plaintiff, John E. Shelton, against all defendants. Date Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff