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Home My WebLink About02-2919 ANZALONE LAW OFFICES By: Wm. F. Anzalone, Esq. Attorney for: Plaintiffs Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701.1188 (570)825-2719 KA VORK M. MERIGIAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: NO: 02 - .d.9/9 C;u~LY~ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a summons in civil action in the above-captioned case. RESPECTFULLY SUBMITTED, WILLIAM F. ALONE, ESQUIRE Attorney for PI tiff, Kavork M. Merigan Date: ~J11 / bi, f);C()?, ANZALONE LAW OFFICES By: Wm. F. Anzalone, Esq. Attorney for: Plaintiffs Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 (570)825-2719 KA VORK M. MERIGIAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: NO: ("')~ ~;;}q fC{ Clu;CT~ WRIT OF SUMMONS TO: ERWIN F. DEMKO 78 Cherry Lane Carlisle, PA 17013 You are hereby notified that Kavork M. Merigian, the Plaintiff, has commenced an action in civil action against you. c~~,~ PROTHONOTARY (SEAL OF THE COURT) <-BY: d;~ P.7tz..IJ/)~/ DEPUTY Date: 91 JrL I~ :J/)():J- ANZALONE LAW OFFICES By: Wm. F. Anzalone, Esq. Attorney for: Plaintiffs Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 ~825-2719 KA VORK M. MERIGIAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: NO: O.;t -~q 19, Go'J ~hJ. WRIT OF SUMMONS TO: THEA S. DEMKO 78 Cherry Lane Carlisle, PA 17013 You are hereby notified that Kavork M. Merigian, the Plaintiff, has commenced an action in civil action against you. r2M-h, I<~ PROTHONOTAR (SEAL OF THE COURT) ~Y: ~O~P,~f DEPUTY Date:gwU. 1.9'1 JJOIJ/}- ANZALONE LAW OFFICES By: Wm_ F. Anzalone, Esq. Attorney for: Plaintiffs Identification No_ 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 (570)825-2719 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KA VORK M. MERIGIAN, VS. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: NO: 02-2919 - CIVIL TERM PRAECIPE TO REISSUE WRIT TO: PROTHONOTARY Please mark the attached Praecipe for Writ of Summons filed to the above-captioned term and number reissued. ANZALONE LAW OFFICES WUL<~~~RE Attorney for Plaintiff, Kavork Merigian ANZALONE LAW OFFICES o c <"" ,-,0:' mr"~ Z:~;,) ze Attorney for: Plaint~0; ~- ~~ z ::2 By: Wm. F. Anzalone, Esq. Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 ~82S-2719 KA VORK M. MERIGIAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, o I" r~ c= ~e () 'q .:-1 :FfJ '1 fT1 'j C' ) ; _~S? ;-:'5,i :c~C) ;;"-,m '-~ ~ -< -.J -0 3.: ::J .-.1 DEFENDANTS: NO: D.;l - ;;}'9/9 C./~~L~~ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a summons in civil action in the above-captioned case. WILLIAM F. ALONE, ESQUIRE Attorney for PI tiff, Kavork M. Merigan Date: ~jll /~,. j;{1JJ-.. ANZALONE LAW OFFICES By: Wm. F. Anzalone, Esq. Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 (570)825-2719 KA VORK M. MERIGIAN PLAINTIFF VS. ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: TO: THEA S. DEMKO 78 Cherry Lane Carlisle, P A 17013 Attorney for: Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO: t'X2- ;J9r; C~~L c I~ WRIT OF SUMMONS You are hereby notified that Kavork M. Merigian, the Plaintiff, has commenced an action in civil action against you. (SEAL OF THE COURT) Date:gwU /2, .Jill)- ( I ~A)~) ~.~ PROTHONOTARY ~ ~~P~~ TRUE COPY FROM RECORD till TtMtlmony whereof I lhere unto set my hand ~~~1ie~'~ '-- T1*~; , ~~ ,;,~~ notftT'y () 0 0 C rv ["1 $-: no -ort'! '-- )--0: ~-"J CPl.::; G,,) '1 ,- , '-~.,",.- I ". 2:r L~J (j5 ~~': 0> {L} ;:S -"", ..- -;: . .,.-Ci ?::~ ~11 ~o ...;o.-~ .) ;;:-- :b:' r(, )>~ l.D C..l -I Z '" ~ :< \0 -< SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-02919 P C~MMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MERIGIAN KAVORK M VS DEMKO ERWIN F 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 DEMKO ERWIN F but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , DEMKO ERWIN F ERWIN F DEMKO IS DECEASED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.49 .00 10.00 .00 42.49 So answer".;.-- ~~;:;/..//~ R. Thomas Kline Sheriff of Cumberland County ANZALONE LAW OFFICES 07/22/2002 Sworn and subscribed to before me this ;z",..,.( day of ~,UJ- ,}tn;2.... A.D. Stb Q ~'l'i,., ~ Prot 0 otary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-02919 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MERIGIAN KAVORK M VS DEMKO ERWIN F 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 DEMKO THEA S but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , DEMKO THEA S THEA HAD A FORWARDING ADDRESS OF 375 PIN OAK LANE CARLISLE. PER THE OFFICE AT THAT LOCATION, SHE IS NOW LIVING SOMEWHERE IN FLORIDA. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers.;- /. A:~~// R( Thomas Kline Sheriff of Cumberland County .......... ANZALONE LAW OFFICES 07/22/2002 Sworn and subscribed to before me this ;l~ day of O"_"i~ d ~L A.D. Q~A.~(1 ~,~ Prot 0 otary Q ~ .(Q. i 't ~ ~ ~ -~ ~8~ ~ tV I , 0 :2 ~ r k;,J ~t ~ (") c: ~ "UlTI S2g:j ZS:;' en.__. ~Cj ;<. '"?C) 20' >=e ~ o N L. C Z o .,., ""-of -"~- .---::n ll1r- -'rym ('59 ..~6 :,-c~ (]o orn 0;< ~ -< ...... -0 :r: t:" .. '=' ...... KAVORK M. MERIGIAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, Defendants NO. 02.2919.CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Thea S. Demko, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: q(f'zJuv By ~I< ~ Sri n R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 12th day of September, 2002, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William F. Anzalone, Esquire Anzalone Law Offices 98 South Franklin St. Wilkes-Barre, PA 18701-1188 Bri~i~.~ 0 0 () C r"...,) 1 <':' U) -, "l.J [C. ~-q rn [~ .. " ..:..... :-~ C' (n C) "~S , .- .- ~, .~ ,"'",) '...~ ~- /~' :':..") -.- ~<, 0'" KAVORK M. MERIGIAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, Defendants NO. 02-2919-CIVIL TERM PRAECIPE FOR 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, P.C. By: h~~ Brian R. Sinnett, Esquire Attorney 1.0. No. 84188 411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date: q/ f~O v 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: u~ , CERTIFICATE OF SERVICE AND NOW, this 12th day of September, 2002, I hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William F. Anzalone, Esquire Anzalone Law Offices 98 South Franklin St. Wilkes-Barre, PA 18701-1188 ~R~ Bria . Sinnett, Esquire ANZALONE LAW OFFICES By: Wm. F. Anzalone, Esq. Attorney for: Plaintiffs Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 C570L825-2719 KA VORK M. MERIGIAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. ERWIN F. DEMKO and THEA S. DEMKO, CIVIL ACTION - LAW DEFENDANTS: NO: 02-2919 - CIVIL TERM TO: PROTHONOTARY PRAECIPE TO REISSUE WRIT Please mark the attached Writ of Summons filed to the above-captioned term and number reissued. ANZALONE LAW OFFICES WILL:ffi!:!~ ~ Attorney for Plaintiff, Kavork Merigian g :;: -oU1 D; C\ Z~: ~~; ::2c., ~-~C') :ZCI :Pc: ~ o N o CI -l , UJ --0 -<~ ...- ~ ..\ -T:~ --lltl :'9 =J,o .,.-'-r. -., ,:~2 (") ;~5 rn '::.-j ~,. ~ r;? ()1 ANZALONE LAW OFFICES o c c:: ,'V <'" 'TJ G' '- ... c:: z ~~:-.; ::L: 2~[ Attorney for: Plainti~'ct ;s;' ~o ,-C) .>-"c z ::2 --..I o ""I c:-J if] ") rr; IC' d~t SrTl :iJ -< By: Wm. F. Anzalone, Esq. Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 ~825-2719 KA VORK M. MERIGIAN PLAINTIFF "D ::L => .-J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACnON - LAW ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: NO: t:).;). - ;;},?11 C./'o~LC Jta..~ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a summons in civil action in the above-captioned case. RESPECTFULLY SUBMITTED, Date: CjJJ ill / ~ ~()( g., WILLIAM F. ALONE, ESQUIRE Attorney for PI . tiff, Kavork M. Merigan ANZALONE LAW OFFICES By: Wm. F. Anzalone, Esq. Identification No. 25681 98 South Franklin Street Wilkes-Barre, PA 18701-1188 (570)825-2719 KA VORK M. MERIGIAN PLAINTIFF VS. ERWIN F. DEMKO and THEA S. DEMKO, DEFENDANTS: TO: THEA S. DEMKO 78 Cherry Lane Carlisle, PA 17013 Attorney for: Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION - LAW NO: 1');)- ;;:)9/7 C;.>LL '-- /~ WRIT OF SDMMONS You are hereby notified that Kavork M. Merigian, the Plaintiff, has commenced an action in civil action against you. (SEAL OF THE COURT) Date:V>>U 11 Jill}- ~ ~/;)~ p ~~~ DEPUTY TRUE COPY FROM RECORD 1'1 T86tlmony whereof, i oora unto set mY.hand ~ flM~~ ~ rllSle, PI. ~'~ ~ "--- .;; A..-ft:. ~ o c.: s: -ocr nlnl Z::r' (2,,, S: .I......., r-/:-:~::-, -- \....... '~ >.C" ~~O >c ~ o N o n -l I W ''1 :"(1 "T! ~~;2~ .~ (~) ': =+~ ) ',- :cy( ) c5111 ::::-t :D -< ~v ~ N (Jl SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-02919 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MERIGIAN KAVORK M VS. DEMKO ERWIN F ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DEMKO THEA S by United States Certified Mail postage prepaid, on the 28th day of October ,2002 at 0000:00 HOURS, at 4210 8TH CT LAKE WORTH, FL 33462-2022 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by RETURNED AS "REFUSED" 00/00/0000 on Additional Comments: CURRENT RESIDENT AT 78 CHERRY LANE CARLISLE SAID THAT SHE NEVER HEARD OF THEA DEMKO. Additional Comments Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 4.65 10.00 .00 36.10 S~f.~ ~~~. Sheriff of Cumberland County Paid by ANZALONE LAW OFFICES on 11/12/2002 . Sworn and subscribed to before me this .U",,,- day of~~~J~ dtv,,-,A.D. 'wu- Q hull;,. ~ # P 0 honotary , r'~- ~ ~, " E ~ " ID 10 if n 1l ~ . - ~ l~ " ~ '0 ID ~ ~ '0'0 -g $ ~ :;; ~ffi 'O~ .Ja~ ~ if }; a: > '. g a: <Ii ci ~ g ~ ~ o..~ g. E'9. ~ ,; '" o'i!! Q) 0 E o.rn~ >- 00)- O! (/)"0 c_- . <.~ ~-eO~ C'i~$~TIE -oCl)-oQ)ctlQ) c:.~'OJ::.Do. to Q) ro - CD Q) No"OE-E~ ~"i~~gg- (fluQ)"'-o~ ~.~~~ffi~ :':.QlCooe Q) a: .... Q).!!!- l~53::S~ 0...;1" >o16.c- ~Et::s~g o~~g~o . . . ---- g ~o ...., t;; u.c ...., . :5 ~ U}oo;3 <coW w..-<'><: t:~~ 1 ij ~ ~ " ~ ~ '6 :; ~ e ~ E a. co "ijj ::E ~ ~ Eo J a. a q .... ~ ~ Cl jg 000 ~ ~, ~ "co .~ 1i::E ~ ~ ;'l t?' ~ Q)"2 ~ UQ)~~5 .- ._ Q) ltl (/) .g ~ () c:r..s Ul cn'8 0 0 ~ M N N o N I N '" ... M M F-.. =~ . ~ o .~ u "" ..-< "" N I N o .; m M ~ q " 8 ~ m m N ~ ru ..... Ul cO a. 'm g a: c 5 .. a: u ~ ID E <3 ..... r"I o r"I <r o o o <; o N ;; ~ '" ~ o r"I Ul ru r"I o o ..... ~ ~ 00 O'l E (; u- rn a. KAVORK M. MERIGIAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. NO. 02-2919 CIVIL TERM CIVIL ACTION - AT LAW ERWIN F. DEMKO and, THEA S. DEMKO, DEFENDANTS NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: William F. Anzalone, Esquire 98 South Franklin Street Wilkes-Barre, PA 18701-1188 DATE OF NOTICE: December 31,2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 Respectfully submitted, NEALON & GOVER By ~/~ Brian R. ett, Esquire Atty. 1.0.#84188 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 .. CERTIFICATE OF SERVICE AND NOW, this 31st day of December, 2002, I hereby certify that I have served the foregoing Notice of Praecipe to Enter Judgment of Non Pros on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William F. Anzalone, Esquire Anzalone Law Offices 98 South Franklin St. Wilkes-Barre, PA 18701-1188 ~<(~ Brian R. Sin e ,Esquire - (") c s:: -en'!:' mrr '7 -, ~- ~-"'" Zl~=., en .:,. -:::;,,::c, '< ,".' ~S Pc Z -I -<. o W L_ :~ -.'",""" ..u.- n '11 ~ - I 2} i -11''1''1 ~ ,. ~! ) ........... . ~l ~ .~\.~~ ~,r~ (~~:~ -,..~ 5J --.. I W 2; -1'.. :..v c> ANZALONE LAW OFFICES By: Eric W. Wassel, Esquire Identification No.: 77632 98 South Franklin Street Wilkes-Barre, PA 18701 (570) 825-2719 KA YORK. M. MERIGIAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CNIL ACTION - LAW JURY TRIAL DEMANDED ERWIN F. DEMKO and THEA S. DEMKO, Defendants NO. 02-2919-CIVIL TERM 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 COURTHOUSE One Courthouse Square Carlisle, Pennsylvania 17013 (717)240-6200 ANZALONE LAW OFFICES By: Eric W. Wassel, Esquire Identification No. 77632 98 South Franklin Street Wilkes-Barre, PA 18701 Attorn.ey for: Plaintiff KA VORK M. MERIGIAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. ERWIN F. DEMKO and THEA S. DEMKO, CIVIL ACTION--LA W Defendants No. 02-2919-CIVIL TERM COMPLAINT The Plaintiff, Kavork M. Merigian, by and through his counsel, Eric W. Wassel, Esquire, hereby complains against the Defendants, Erwin F. Demko and Thea S. Demko, and sets forth the following in support thereof: 1. The Plaintiff, Kavork M. Merigian, is an adult individual who currently resides at 29 Pasco Road, Indian Orchard, Massachusetts 01151. 2. The Defendant, Thea S. Demko, is an adult individual who on June 23,2000 resided at 78 Cherry Lane, Carlisle, Pennsylvania 17013, and presently resides at that same address. 3. The Defendant, Erwin F. Demko, is presently deceased, but who on June 23,2000 was an adult individual residing at 78 Cherry Lane, Carlisle, Pennsylvania 17013. 4. On June 23, 2000 at approximately 3:39 p.m. the Plaintiff, Kavork M. Merigian was a seat belted passenger in a 1990 Chevrolet 8-10 pickup truck and was traveling in a southerly direction on U.S. Route 11 in Middlesex, Cumberland County, Pennsylvania. 5. On the aforesaid date and time, the Defendant, Thea S. Demko, was the operator of a vehicle which she jointly owned with Co-Defendant, Erwin S. Demko, a 1996 Mazda Protege, which was then and there being operated in a southerly direction on U.S. Route 11 in Middlesex, Cumberland County, Pennsylvania. 6. On the aforesaid date and time, as the Plaintiff, Kavork M. Merigian, operated his vehicle in a careful and cautious manner traveling south on Route 11, and after he had come to a stop in traffic, his vehicle suddenly and without warning was struck from behind by a 1990 Dodge Daytona vehicle which was then and there being operated by Katherine A. Glessner, which had been struck from behind by the vehicle being then and there driven by Defendant, Thea S. Demko. 7. As a result of the violent collision described in paragraph six, the Plaintiff sustained severe, painful and permanent injuries as are more fully detailed hereinafter. 8. The carelessness, recklessness and negligence of the Defendant, Thea S. Demko, consisted of the following: a. In then and there operating her vehid~ at a speed too great for the circumstances then and there existing; -2- b. In then and there operating her vehicle at a speed in excess of the posted speed limit; c. In then and there failing to give any warning of the impending collision to the vehicle in which the Plaintiff was a passenger; d. In then and there failing to have the vehicle under proper control; e. In then and there failing to keep a proper lookout for traffic; f. In then and there failing to maintain a safe distance between her vehicle and the vehicle traveling in front of her immediately prior to the collision; g. In then and there taking her eyes off the road thereby being inattentive to the traffic conditions existing immediately prior to the subject motor vehicle accident; h. In then and there violating the provisions of the Pennsylvania Motor Vehicle Code as more specifically set forth in sub paragraphs a through g above. WHEREFORE, the Plaintiff, Kavork M. Merigian, Sleeks judgment against the Defendants, Thea S. Demko and Erwin F. Demko, in an amount in excess of twenty-five thousand ($25,000.00) dollars, which sum is in excess of the amount requiring compulsory arbitration thereof pursuant to the applicable Statutes of the Commonwealth of Pennsylvania and the local Rules of Court of Cumberland County. -3- COUNT II KA VORK M. MERIGIAN VS. THEA S. DEMKO 9. The Plaintiff, Kavork M. Merigian, incorporates herein by reference the allegations set forth in paragraphs one through eight above as though the same were set forth at length herein. 10. Solely as a result of the carelessness, recklessness and negligence of the Defendants, the Plaintiff suffered the following severe, painful, disabling, disfiguring and permanent injuries: a. Lumbar spine sprain/strain; b. Lumbar radiculopathy; c. Leg and thigh numbness; and d. Grade One spondylolisthesis at L-4/ 5. 11. As a result of the aforesaid injuries, the Plaintiff, Kavork M. Merigian was rendered sick, sore and disabled and sustained severe physical and mental pain and great discomfort all of which have required medical care and treatment. 12. As a result of the aforesaid injuries, the Plaintiff, Kavork M. Merigian has been informed, believes and therefore avers that his injuries are of a continuing and permanent nature, and he will therefore continue to suffer in the future thereby requiring additional medical care and treatment from time to time. -4- 13. As a further result of his injuries, the Plaintiff, Kavork M. Merigian, has sustained and will continue to sustain a loss of the everyday pleasures and enjoyments of life, for which a claim is hereby made. 14. The Plaintiff, Kavork M. Merigian, has been informed, believes and therefore avers that he may be obligated to spend various sums of money and incur various expenses for treatment of the aforesaid injuries in the future, which expenses may be compensated by a collateral source for which the Plaintiff seeks recovery from the Defendants. WHEREFORE, the Plaintiff, Kavork M. Merigian, seeks judgment against the Defendants, Thea S. Demko and Erwin F. Demko, in an amount in excess of twenty-five thousand ($25,000.00) dollars, which sum is in excess of the amount requiring compulsory arbitration thereof pursuant to the applicable Statutes of the Commonwealth of Pennsylvania and the local Rules of Court of Cumberland County. Respectfully submitted, ANZAY'~E LAW 07IjP-S /' L,; pU! ~/ J J ~ / ! . . ;' /"J { By: / /ll~ ~W. WASSEL, ESQUIRE Attorney for Plaintiff 98 South Franklin Street Wilkes-Barre, PA 18701 (570) 825-2719 -5- VERIFICATION I, KA YORK M. MERIGIAN, Plaintiff herein, verifY that the statements contained in the foregoing Complaint are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. I/. l1.14 J ~MERIGIAN ~ ANZALONE LAW OFFICES By: Eric W. Wassel, Esquire Identification No.: 77632 98 South Franklin Street Wilkes-Barre, P A 18701 (570) 825-2719 KA VORK M. MERIGIAN, IN THE COURT OF COMMON PLEAS Plaintiff OFC~mERLANDCOUNTY vs. CIVIL ACTION - LAW JURY TRIAL DEMANDED ERWIN F. DEMKO and THEA S. DEMKO, Defendants NO. 02-2919-CIVIL TERM CERTIFICATE OF SERVICE I. ERIC W. WASSEL, ESQUIRE. hereby certifY that on this oth day of January, 2003, a true and correct copy of the foregoing "Plaintiffs Complaint" was sent by First Class U.S. mail, postage pre-paid, upon the following individual: Brian R. Sinnett, Esquire Nealon & Gover, P.e. 2411 North Front Street Harrisburg, P A 17110 Attorney for Defendants ::z Oi~Wf)MJ E v.,'. WASSEL, ESQUIRE Attorney for Plaintiff, Kavork Merigian o r--:: --:1_- ""() ;".; Q)C ~~'" L:~"" r (/).' . -? ~8 ....:.~ -.:2 (-'. ~. '"---' '-.,--.,", L ......::J: r,,) ;~,.) ...., .:::...'/ :; ) -< KAVORK M. MERIGIAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION - LAW ERWIN F. DEMKO and THEA S. DEMKO, Defendants NO. 02-2919 JURY TRIAL DEMANDED JOINT STIPULATION OF COUNSEL It is hereby stipulated by and between all parties iln the above-captioned matter that Defendant Erwin F. Demko be dismissed from this action with prejudice. It is further stipulated that the caption be amended to read as follows: KAVORK M. MERIGIAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION - LAW THEA S. DEMKO Defendant NO. 02-2919 JURY TRIAL DEMANDED Respectfully submitted, Respectfully submitted, NEALON & GOVER, p.e. By: ..{ el, Esquire .D. #t! Z ~d-- 98 South Franklin Street Wilkes-BalTe, PA 18701 570/825-2719 By 2fIX~ Brian R. Sinnet, squire l.D.#: 84188 2411 North Front Street Harrisburg, P A 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this J J. day of March, 2003, I hereby certify that I have served the foregoing Joint Stipulation of Counsel on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Eric W. Wessel, Esquire Anzalone Law Offices 98 South Franklin St. Wilkes-Barre, PA 18701-1188 -6';? ~ Brian R. Sinnett, Esquire o (..0.) -rJf' .- ....... ~ \ <.f\ 2 :Z' --0 fr\ ("\IP\ -'"j..\ z'- ~~ l.2.c ZC ";PC) c: ~ -- -0 :J!~ r..f? o -,., ...1 ,-'1\ t'~ :;;~3 :~.::~O L:0 '.~O ~;)rn ~ ~ - - KAVORK M. MERIGIAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THEA S. DEMKO Defendant JURY TRIAL DEMANDED NO. 02-2919-CIVIL TERM NOTICE TO PLEAD TO: Kavork M. Merigian c/o William F. Anzalone, Esquire Anzalone Law Offices 98 South Franklin St. Wilkes-Barre, PA 18701-1188 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, NEALON & GOVER, P.C. By: ~/(~ Brian . Sinnert'EsqUire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Date: !//z't~ ') KAVORK M. MERIGlAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THEA S. DEMKO, Defendant NO. 02-2919 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO THE PROTHONOTARY: AND NOW, comes the Defendant, Thea S. Demko, by and through attorneys, Nealon & Gover, P.C., and files the following Answer to Plaintiff's Complaint with New Matter. 1. Admitted, based on information and belief. 2. Denied as stated. By way of further answer.. Defendant, Thea S. Demko's address is 4210 Eighth Ct., Lantana, FL 33462. 3. It is admitted that Defendant, Erwin F. Demko, is presently deceased and previously did reside at the indicated address. 4.-6. Denied as stated. It is admitted that on June 23, 2000 at the time and location indicated in Plaintiff's Complaint that all of the indicated vehicles were being operated in a southerly direction on US Route 11 in Middlesex, Cumberland County, Pennsylvania. It is further admitted that the vehicle being operated by Defendant, Thea S. Demko, came in contact with a vehicle being operated by Katherine A. Glessner. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remainin~1 matters asserted and strict proof of same is demanded at trial. Any remaining averments are denied pursuant to PaR.C.p. 1029(e). 7. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial and the remaining averments are denied pursuant to Pa.R.C.p. 1029(e). 8. Denied pursuant to PaR.C.P. 1029(e). WHEREFORE, the Defendant, Thea S. Demko, respectfully requests that the Complaint filed against her be dismissed together with the cost of this action. COUNT 1/ KAVORK M. MERIGIAN v. THEA S. DEMKO 9. Paragraphs 1 through 8 of Defendant's Answer are incorporated herein by reference thereto. 10. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial. Any remaining averments are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial. 12. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial. 13. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial. 14. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and strict proof of same is demanded at trial. WHEREFORE, the Defendant, Thea S. Demko, respectfully requests that the Complaint filed against her be dismissed together with the cost of this action. NEW MATTER 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference thereto. 16. Plaintiff's Complaints are barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, the Defendant, Thea S. Demko, respectfully requests that the Complaint filed against her be dismissed together with the cost of this action. Respectfully submitted, NEALON & GOVER, P.C. By: ~~~ Brian . Sin eM. Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 I jz,,!O Date: VERIFICATION I, Brian R. Sinnett, Esquire, make this Verification on behalf of the Defendant, Thea S. Demko, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing Answer are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.SA 94904 relating to unsworn falsification to authorities. ~ '<< ~S'inne, squire CERTIFICATE OF SERVICE AND NOW, this 24th day of November, 2003, I hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Eric W. Wassel, Esquire Anzalone Law Offices 98 South Franklin St. Wilkes-Barre, PA 18701-1188 f:.fff!t{feur/J ANZALONE LAW OFFICES By: Eric W. Wassel, Esquire Identification No. 77632 Attorney for: Plaintiff 98 South Franklin Street Wilkes-Barre, PA 18701 KA VORK M. MERIGIAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION--LA W ERWIN F. DEMKO and THEA S. DEMKO, Defendants No. 02-2919-CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, Kavork M. Merigian, by and through his counsel, Anzalone Law Offices, and files the following Reply to New Matter, averring as follows: 15. No responsive pleading required. 16. Denied generally pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, the Plaintiff, Kavork M. Merigian, respectfully requests that the New Matter of the Defendant be dismissed. en 0 0 c W -n ;;:- <::) :.::1 ;:get' 0, ;'i ;:: rr, t'" -......, ',~.'r-n ,,- ~..... ::c::c <::> C1 ~~: j,1., r-: r~ --./"-- ='i' "'-'----, ;<::- ~- !'1 )> ,- ::0 Z'--, ~. pC ~ ;~'-~ en C ,-' ...., ~ "t;:). (1) :0 -< ANZALONE LAW OFFICES By: Eric W. Wassel, Esquire Identification No. 77632 98 South Franklin Street Wilkes-Barre, PA 18701 Attorney for: Plaintiff KA VORK M. MERIGIAN, Plaintiff vs. ERWIN F. DEMKO and THEA S. DEMKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION--LA W No. 02-2919-CIVIL TERM CERTIFICATE OF SERVICE I, Eric W. Wassel, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Reply to New Matter via U.S. first class mail, postage prepaid this !L'- day of 7) c;~ Brian R. Sinnett, Esquire Nealon and Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 , 2003, addressed as follows: (') 0 0 c W -n ;.; s:: a ) '"Occ ;-., mr. C) r:': z:c '''''1 iT' Z! ~':, ,--\ (jJ,:' 0 ;.,)'}" -r"...._. IL.) ~c -0 ~~ ~- 2+ ~ >c~ -I 2:'; ?t =< Ul -< v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAVORK M. MERIGIAN, Plaintiff THEA 5. DEMKO, Defendant NO. 02-2919-CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Thea S. Demko, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date:~ By: '1Jr.(R:t.~ - Mic~e~, Esquire Attorney I.D. No. 83882 2411 North Front Sl. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this \\tl-- day of December, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Eric W. Wassel, Esquire Anzalone Law Offices 98 South Franklin SI. Wilkes-Barre, PA 18701-1188 1lfcJQQ~ Michael S. Ferguson, Esquire (") f:; ~':....... r:;'~ ....., "", c::J <.~ = Pl (-) o -11 .-t :r:.." rl1r:: "lJ P=i -0"..... g(~) - '.~1. :L _" O(:~ ~~i" ~).~1 C"i '0 C,) C,) c....) KAVORK M. MERIGIAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-2919-Civil Term THEA S. DEMKO, Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Thea S. Demko, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVER & PERRY By: p ~L ~~hore, Esquire I.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: ~tr Jcl1 I CERTIFICATE OF SERVICE AND NOW, this g1Jt day of February, 2005, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Eric W. Wassel, Esquire Anzalone Law Offices 98 South Franklin Street Wilkes-Barre, PA 18701-1188 C~~q";" , _:1 -1-; - c; -' , (, ,~ c::) ------ VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2919-CIVIL TERM KAVORK M. MERIGIAN, Plaintiff THEA S. DEMKO, Defendant CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Thea S. Demko, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVER & PERRY Date: ~ BY:1Uc&O~~ Michael S. Ferguson, Esquire I.D.#:83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 2005, I hereby certify that I have served the foregoing WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Eric W. Wassel, Esquire Anzalone Law Offices 98 South Franklin Street Wilkes-Barre, PA 18701-1188 lU~~N~r Michael S. Ferguson, Esquire -, ~ -,',' -- c.} _. c,) r:\ ------- ANZALONE LAW OFFICES By: Eric W. Wassel, Esquire Identification No. 77632 Attorney for: Plaintiff 98 South Franklin Street Wilkes-Barre, PA 18701 KA VORK M. MERIGIAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CNIL ACTION--LA W ERWIN F. DEMKO and THEA S. DEMKO, Defendants No. 02-2919-CNIL TERM PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, ended and discontinued with prejudice. KA VORK M. MERIGIAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION--LA W ERWIN F. DEMKO and THEA S. DEMKO, Defendants No. 02-2919-CIVIL TERM ORDER AND NOW, this ;l/~-/.~ dayof '- Ju..J...., I 2005, the above-captioned matter is marked settled, ended and discontinued with prejudice. PROTHONOTARY ~-iw.f! ~ f:"! c :-::.... " ~ ,..., c.> ,;:::::. <." '- c::. r--- r''' 0\ o -11 -< I~ rnr~ -O~; -~l'~~ , , ::::; "l'"," 'n ::< r:? N 0'