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HomeMy WebLinkAbout02-3027TRACY L. NICKEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Oa - ] l tU?C l?c1LYY? FRANKLIN CHANG, PAUL W. CIVIL ACTION - LAW MAXWELL and FORRESTERS LINCOLN MERCURY, Defendants NOTICE TO DEFEND 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 TRACY L. NICKEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O1Z - ,3(j? 7 l .lU???L FRANKLIN CHANG, PAUL W. CIVIL ACTION - ILAW MAXWELL and FORRESTERS LINCOLN MERCURY, Defendants COMPLAINT AND NOW comes the Plaintiff, Tracy L. Nickel, by her attorneys, Wix, Wenger & Weidner and sets forth the following Complaint. COUNT I Tracy L. Nickel v. Franklin Chang 1. The Plaintiff is an adult individual residing at 7 Hilltop Lane, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant Franklin Chang is an adult individual residing at 3678 Boyer Circle, Lafayette, California 95459. 3. Defendant Paul C. Maxwell is an adult individual residing at 309 Copper Creek, Woodsboro, Maryland. 4. Forresters Lincoln mercury is a corporation having its principal place of business located at Lincoln Way, Chambersburg, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about July 12, 2001, on the Carlisle Pike in Silver Spring Township, Cumberland County, Pennsylvania. 6. At the time and place aforesaid, Plaintiff was the owner of a 1997 Ford F-150, which was then and there being operated by Howard B. Cassel, Jr. 7. At the time and place aforesaid, Franklin Chang was operating a 2001 Mercury minivan owned by Defendant Forresters Lincoln Mercury. 8. At the aforesaid time and place, Howard B. Cassel, Jr. was in the left hand lane of Route 11 when Defendant Chang, who was in the right hand lane, made a left hand turn striking the right side of Plaintiff's vehicle and forcing it off of the roadway and into the fuel pumps of the Texaco Food Mart located at 6573 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 9. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant Chang in that he: a) failed to keep a proper look out for other vehicles; b) failed to yield the right-of-way to Plaintiff's vehicle; C) attempted to make a left hand turn from the right hand lane; and d) operated his vehicle in a careless and negligent manner. 10. Solely as a result of Defendant Chang's negligence, the Plaintiff's vehicle was damaged in the amount of EIGHT THOUSAND TWO HUNDRED and NINETY TWO and 29/100 ($8,292.29) DOLLARS. 2 11. In addition to the damages to her vehicle, Plaintiff has also sustained a loss of use of her vehicle while it was being repaired, for which she claims damages. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. COUNT II Tracy L. Nickel v. Paul N. Maxwell 12. Plaintiff incorporates herein by reference paragraphs 1 through 11 of this Complaint. 13. Plaintiff believes, and therefore avers, Defendant Maxwell rented the Mercury minivan from Defendant Forresters Lincoln mercury. 14. At the aforesaid time and place, it is believed that Defendant Maxwell requested Defendant Chang to operate the motor vehicle which he leased. 15. Plaintiff believes, and therefore avers, that at the time of the accident, Defendant Chang was acting as the agent, servant or employee of Defendant Maxwell, and acting within the scope of such agency or employment. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. 3 COUNT III Tracy L. Nickel v. Forresters Lincoln Mercury 16. Plaintiff incorporates herein by reference paragraphs 1 through 15 of this Complaint. 17. Plaintiff believes, and therefore avers, that at the time of the accident, Defendant Chang was lawfully using the vehicle that was owned by Defendant Forresters. 18. Defendant Forresters at all times relevant hereto was engaged in the business of leasing motor vehicles, and as such was under a duty to see that its vehicles were properly insured. 19. Defendant breached its duty, thereby, causing Plaintiff to sustain the losses which were herein before set forth. , Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 6 lai I 0i 4 VERIFICATION I, Tracy L. Nickel, have read the foregoing complaint which has been drafted by my counsel. The factual statements ana/ or denials contained therein are true and correct to the best of my knowledge, information and belief verification. I am authorized to make this This verification is made only as to the factual averments contained therein and not to legal conclusions anct averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C. S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 17 Tracy L N ckel TRACY L. NICKEL, IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNA. V. FRANKLIN CHANG, PAUL W. MAXWELL and FORRESTERS LINCOLN MERCURY, Defendant NO. 02-3027 CIVIL TERM 2002-0093 T CIVIL ACTION - LAW ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Hartman, Osborne & Rettig on behalf of Defendant, Forresters Lincoln Mercury, in the above-captioned matter. Respectfully submitted, HARTMAN, OSBORNE & RETTIG By: 14. wjoll?' Kevin E. Osborne, Esquire Supreme Ct. I.D. #34991 126-128 Walnut Street Harrisbnrg, PA 17101 (717) 232-3046 Dated: July 15, 2002 Attorney for Defendant, Forresters Lincoln Mercury CERTIFICATE OF SERVICE I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Franklin Chang 3678 Boyer Circle Lafayette, CA 95459 HARTMAN, OSBORNE & RETTIG Dated: July 15, 2002 By: Kevin E. Osborne, Esquire Supreme Ct. I.D. #34991 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 C? o C_ rv c z, ' mac - ' cn r ? ,- c; max: ; -" .fl TRACY L. NICKEL Plaintiff V. FRANKLIN CHANG, PAUL W. MAXWELL and FORRESTERS LINCOLN MERCURY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3027 CIVIL ACTION - LAW AND NOW comes the Defendant, Forresters Lincoln Mercury (hereinafter "Forresters"), by and through its attorneys, Hartman, Osborne & Rettig, to submit the within Preliminary Objections to Plaintiff s Complaint, and in support thereof avers as follows: Plaintiff commenced the above-captioned negligence action by the filing of a Complaint on June 24, 2002. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A". 2. The Return of Service reflecting service of Plaintiffs Complaint upon Defendant Forresters had not been filed as of July 17, 2002. 3. Generally, Plaintiff alleges that Defendant Franklin Chang was negligent in colliding with Plaintiffs automobile while driving Defendant Forresters' automobile, resulting in property damage. 5. With regard to Defendant Forresters, Plaintiff alleges that because it was engaged in the business of leasing motor vehicles, it was under a duty to see that the vehicles which it leased were properly insured. A. COUNT III OF PLAINTIFF'S COMPLAINT ATTEMPTING TO SET FORTH A CLAIM AGAINST FORRESTERS LINCOLN MERCURY BASED ON A THEORY OF NEGLIGENCE SHOULD BE DISMISSED FOR FAH.IJRE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. 6. Pursuant to PA.R.C.P. 1028(a)(4), a Preliminary Objection in the nature of a demurrer is an appropriate means of challenging the legal sufficiency of a pleading. PA.R.C.P. 1028(a)(4). 7. A demurrer must be granted when the Court is certain that, as a matter of law, there can be no recovery upon the facts alleged. Wurth v. Philadelphia, 584 A.2d 404 (Pa. Commw. 1990). 8. In Count III of her Complaint, Plaintiff is apparently attempting to state a claim against Forresters based upon breach of a duty to see that its vehicle was properly insured. 9. Count III of Plaintiff's Complaint reads as follows: COUNT III TRACY L. NICKEL V. FORRESTERS LINCOLN MERCURY 18. Defendant Forresters at all times relevant hereto was engaged in the business of leasing motor vehicles, and as such was under a duty to see that its vehicles were properly insured. 19. Defendant breached its duty, thereby, causing Plaintiff to sustain the losses which were herein before set forth. 10. Count III of Plaintiff's Complaint fails to state a claim against Forresters based upon a theory of negligence. 11. Plaintiff has failed to state a recognizable duty that Defendant Forresters owed to Plaintiff. 12. Even if such a duty existed, the breach of that duty by Defendant Forresters did not cause the accident and resulting property damage. WHEREFORE, Defendant, Forresters Lincoln Mercury, respectfully requests that this Honorable Court grant its Preliminary Objection as to Plaintiff's claim against it based upon negligence, and dismiss any such claim in its entirety. 2 Respectfully submitted, HARTMAN, OSBORNE & RETTIG By?CLC Stacy BY Wolf, Esquire Supreme Ct. I.D. #88732 126-128 Walnut Street Harrisburg, PA 17101 Dated: °-'0o, Attorneys for Defendant, Forresters Lincoln Mercury EXHIBIT "A" JUL-16-2002 02:35 PM FORRESTER LILAC. MERC. 717 263 9117 P.02 TRACY L. NICKEL, Plaintiff V. FRANKLIN CHANG, PAUL W. MAXWELL and FORRESTERS LINCOLN MERCURY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0a - 36 7 CI v,-C'" 1*111 CIVIL ACTION - LAW OCP3 NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims not 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 8T.4NSS,. IF YOU DO NOT HAVE A LAWYER OR CANN TAKE AFFORD ONE, PAPER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 NOT CIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiens viente (20) dies de plaza al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persons o par abogado y archivar en la carte an forma escrita sus defensas 0 sus objeciones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, la carte tomara medidaa y puede entrar una orden contra usted sin previo aviso 0 notificacion y par cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ASAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator RUE COPY FROM RECORD Cumberland County Courthosaw" wfwao' 1 two esm WI my by Carlisle, PA 17013-338!P1 (717) 2 4 0 - 6 2 0 0 Mi4 F1M 01 said at colub. PC 'il da ? Q0 thonocety JUL-19-2002 02:35 PM FORRESTER LINC. MERC. 717 263 9117 P.03 TRACY L. NICKEL, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, V. NO. FRANKLIN CHANG, PAUL W. CIVIL ACTION - LAW MAXWELL and FORRESTERS LINCOLN MERCURY, Defendants COMPL7IINT AND NOW comes the Plaintiff, Tracy L. Nickel, by her attorneys, Wix, Wenger & Weidner and sets forth the following Complaint. COUNT I Tracy L Nickel v. Frank?a•+ Cltana 1. The Plaintiff is an adult individual residing at 7 Hilltop Lane, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant Franklin Chang is an adult individual residing at 3678 Boyer Circle, Lafayette, California 95459. 3. Defendant Paul C. Maxwell is an adult individual residing at 309 Copper Creek, Woodsboro, Maryland. 4. Forresters Lincoln mercury is a corporation having its principal place of business located at Lincoln Way, Chambersburg, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about July 121 2001, on the Carlisle Pike in Silver Spring Township, Cumberland County, Pennsylvania. JUL-10-2002 0 - 2 - :36 PM FORRESTER LILAC. MERC. 717 263 9117 6. At the time and place aforesaid, Plaintiff was the owner of a 1997 Ford F-150, which was then and there being operated by Howard B. Cassel, Jr. 7. At the time and place aforesaid, Franklin Chang was operating a 2001 Mercury minivan owned by Defendant Forresters Lincoln Mercury. 8. At the aforesaid time and place, Howard B. Cassel, Jr. was in the left hand lane of Route 11 when Defendant Chang, who was in the right hand lane, made a left hand turn striking the right side of Plaintiff's vehicle and forcing it off of the roadway and into the fuel pumps of the Texaco Food Mart located at 6573 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 9. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant Chang in that he: a) failed to keep a proper look out for other vehicles; b) failed to yield the right-of-way to Plaintiff's vehicle; c) attempted to make a left hand turn from the right hand lane; and d) operated his vehicle in a careless and negligent manner. 10. Solely as a result of Defendant Chang's negligence, the Plaintiff's vehicle was damaged in the amount of EIGHT THOUSAND TWO HUNDRED and NINETY TWO and 29/100 ($8,292.29) DOLLARS. P.04 2 .TUL-1'0-2002 02:36 PM FORRESTER LILAC. MERC. 717 263 9117 F' . 0 5 11. In addition to the damages to her vehicle, plaintiff has also sustained a loss of use of her vehicle while it was being repaired, for which she claims damages. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Co-=N?r i r Traav_ r., Niakel v Pa +7 N MAMES 7 12. Plaintiff incorporates herein by reference paragraphs 1 through 11 of this Complaint. 13. Plaintiff believes, and therefore avers, Defendant Maxwell rented the Mercury minivan from Defendant Forresters Lincoln Mercury. 14. At the aforesaid time and place, it is believed that Defendant Maxwell requested Defendant Chang to operate the motor vehicle which he leased. 15. Plaintiff believes, and therefore avers, that at the time of the accident, Defendant Chang was acting as the agent, servant or employee of Defendant Maxwell, and acting within the scope of such agency or employment. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. 3 JUL-SO-2002 02:37 PM FORRESTER LINO. MERC. 717 263 9117 COUNT III Tracy L Nickel v Fe ''••?ers Lincoln Mercury 16. Plaintiff incorporates herein by reference paragraphs 1 through 15 of this complaint. 17. Plaintiff believes, and therefore avers, that at the time of the accident, Defendant Chang was lawfully using the vehicle that was owned by Defendant Forresters. 18. Defendant Forresters at all times relevant hereto was engaged in the business of leasing motor vehicles, and as such was under a duty to see that its vehicles were properly insured. 19. Defendant breached its duty, thereby, causing Plaintiff to sustain the losses which were herein before set forth. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER Dated: D 1 Richard H. Wix, Esq., ID;O 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 4 P.06 JUL-10-2002 02:37 PM FORRESTER LILAC. MERC. 717 263 9117 VERZFICATION it Tracy L. Nickel, have read the foregoing complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of IS PA. C.B. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: U 117/ 0;? Tracy L ckel P.07 foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Franklin Chang 3678 Boyer Circle Lafayette, CA 95459 Dated: o? HARTMAN, OSBORNE & RETTIG By: L qR (A t?q Stacy B. Wolf, Esquire Supreme Ct. I.D. #88732 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 I, Stacy B. Wolf, Esquire, hereby certify that I am this day serving a copy of the C? 1 r F' u . 4 O 171 111 ? f! r ` -; r 7 (_ l O T U 1'1 ?={1 1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Tracy L. Nickel VS. Franklin Chang, Paul W. Maxwell and Forresters Lincoln Mercury (Plaintiff) (Defendant) No- 02-3027 Civil 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant, Forresters Lincoln Mercury, to Plaintiff's Complaint 2. Identify oounsel who will argue case: (a) for plaintiff: Richard H. Wix, Esquire Address: 4705 Duke Street Harrisburg, PA 17109-3099 (b) for defendant: Kevin E. Osborne, Esquire Address: 126-128 Walnut Street Harrisburg, PA 17101 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: Dated: / Ja4Q/o) August 28, 2002 tto forDefend t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICKEL TRACY L VS CHANG FRANKLIN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FORRESTERS LINCOLN MERCURY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 23rd , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Cc 34.90 .00 71.90 07/23/2002 WIX WENGER WEIDNER So answer -? R. T- Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A. D. CLI? Prothonotar In The Court of Common Pleas of Cumberland County, Pennsylvania Tracy L. Nickel VS. Franklin Chang et al SERVE: Forresters Lincoln Mercury Now, June 25, 2002 hereby deputize the Sheriff of No. 02 3027 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ?I/Ly <' , 20 u?-, at IIrIS' o'clock _ 4 M. served the within CGN?/?L.Finti upon Aga / XX L C-S re-m r~-M4 ) at cF3 L / G w ct, ?ifr. it t by handing to rzo - a and made known to So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT copy of the original SHERIFF'S RETURN - REGULAR CASE NO: 2002-00093 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN TRACY L. NICKEL VS FRANKLIN CHANG, ET AL THEODORE L. KONCSOL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon FORRESTER LINCOLN MERCURY the DEFENDANT , at 0011:15 Hour, on the 8th day of July 2002 at 832 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to TONI FORRESTOR (MANAGER) a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 9.00 Service 9.00 THEODORE KONCSOL Affidavit 4.00 Surcharge 10.00 By Mileage 2.90 Deputy Sheriff 34.90 07/16/2002 WIX WENGER AND WEIDNER Sworn and Subscribed to before -T-V-\ me this L9 day of A. D. A- Notarial Seas e Patricia A_ Strine. Notary Public Ch-imbersbwR11t11 Pranklin County My C^^ ^??ssian cay:, pis Nov. 4, 2CO4 C= " m r;, TRACY L. NICKEL, Plaintiff V. FRANKLIN CHANG, PAUL W. MAXWELL and FORRESTERS LINCOLN MERCURY, Defendants To: Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 02-3027 CIVIL CIVIL ACTION - LAW PRAECIPE Please mark the above-referenced action as discontinued relating to Paul W. Maxwell and Forrester Lincoln Mercury. Respectfully submitted, WIX, WENGER & WEIDNER By r-RxSiJ Wa Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: SooI?71a2 y Tt -j CS -a Cr) -< TRACY L. NICKEL, Plaintiff V. FRANKLIN CHANG Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3027 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-captioned matter that was filed on or about June 24, 2002. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 9/13/07 S? rrl