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Home My WebLink About02-3174Kara J. Walters, Plaintiff Teresa Baker, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ,~ ~"7~ CIVIL TERM : CIVIL ACTION - LAW :IN~ PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Teresa Baker, Plaintiff, to proceed in forma pauperis. I, Robert J. Mulderig, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am g free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully Submitted TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Debts and obligations Mortgage: Rent: $140 Loans: None Monthly Expenses: Electric 40, Car Insurance $60 / month, Medical expenses (insulin needles $25 / month, Fines- 2 more payments of $100 Persons dependent upon you for support Wife/Husband Name: None Children, if any: None living with me Name: Age: Name: Age:. Name: Age:. 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Te' e~a Baker, Defendant Kara J. Walters, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02- CIVIL TERM Teresa Baker, Defendant : CIVIL ACTION - LAW :IN CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds from associates, to pay the costs of litigation. 3. anyone, including my family and I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Address: Teresa Baker 81 West Market Street Newville, PA 17241 Social Security Number: 182-52-9353 If you are presently employed, state Employer: Disabled Address: Salary or wages per month: $ Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social Security benefits:None Support payments: None Social Security Disability payments: Unemployment compensation and $739 Supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None Other contributions to household support Wife/Husband Name: None If your Husband/Wife is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: Property owned Cash: Checking Account: Savings Account: Certificates of Deposit: None $ 00 $ 00 None None $ Real Estate (including home): Motor vehicle: Make Buick Cost $600 Stocks; bonds: None Year 1978 Amount owed None Other: None PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA I, CO.NTYOr__ ,,, ....... =ss AFFIDAVIT: I hereby swear or affirm that I served r~ a copy of the Not ce of Appea~, Common v---,- d ' · .................. P g ere~n on (, ate of servlce)__~,~C__~r_~_~..~.' E] by personal service J]~J'by ~registered) mail, sender's receipt attached heretol and upon t~e appetleel (name)./~.~,.c.-,¢~ ,?.~ .~.J't-~ ,.-- ~. · , on ~r[ ~ .., .2¢~z,~. [] by personal service J~Lby~e~(reg stere~¢~ender,s ~'~;ei-~at~-~'~reto, I~-?,nd..fu, hher tha! I, serve,d the Rule t,.~o. FJle~ a Co.?..mplaJnt accompanying-ffi~-~ove Notice of Appeal upon the a~l~:4tee~) to whom ~ne Huie was aaaressea on ._¢ ~. 1 0 a · .......... .~_ , ...~ ~..":¢'-j by personal service ~ b rtified re istered mail, sender's receipt attached hereto. -- Y ~ g ) SWORN AFFIRMED)AND SUBSCRIBEB BEFORE ME / S?gnat~re of affiant NOTICE OF APPEAL COMMONWEAL'TH OF IK'NNSYLVANIA COURT OF COMMOH PLEAS FROM JUDICIAL DiSTRiCT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the CITY 09-3-02 zip code 81 W. M~n St.t DAI~ Of JUDGMENT e/2/02 CV 0000048-02 This block will be signed ONLY when this notation is required under Pa. R.C.P. JJ~. Newville PA 17241 J, Walters 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy Teresa Baker If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAE¢IPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE Ct'his section of form to be used ONLY when al~ellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Kara J. Walters , appellee(s), to file a complaint in this appeal Enter rule upon Name of (Common Pleas Na~ r~,~ - ,~ I~L/ ~_; ,,; [ '"'~ ~ ) within twenty {20] days uf;~ service of ru,le or suffer/~n,tr¥ of judgment of non pros, RULE: To ~a~'a J. Wa].t~-~s . aps>dlee[s~ ' ~ of al~pellee(s) {1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) dc~s' service of this role upon you by persanal service or by certified or registered maiL ; (2) If you cio not file a complaint within this ,time, a JUDGN~NT OF NON PROS WILL BE ENTERED AGAINST YOU. COURT FILE AOPC 312-90 Ce~fied Mail Provides: ,, ~ · A mailing receipt · A unique identifier for your mailpie~e · A signature upon delivery · A record of delivery kept by the Postal Service for two years Important Reminders: · Certified Mail may O~4LY be combined with First-Class Mail or Priority Mail. · Certitied Mai! is not availabJe for any class of international mail. · NO iNSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Ir~sured or Registered Mail. · For an additional fee a Return Receipt may be requested toprovide proof of delivery, To obtain Re~urn Receipt service, please complete and attach a Return Receipt (PS Form 3811 to the adicfe and add app cable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive ~ fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. · For an additional fee delivery may be restricted to the addressee or addressee's authorized'agent. Advise the clerk or mark the mailpiese with the endorsement "Restricted Delivery" · If a postmark on the Certified Ma receipt is desired, please present the arti- cle at the post office for postmark ng f a postmark on the Certified Mail receip is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipl and present it when making an inquiry. PS Form 3800, January 2001 (Rever~e) 102595-01-M-1049 ~3 ru Postage ~3 ~ Certified Fee (Endorsement Required) Restricted Delivery Fee IEndorsement Required) Total Postage & Fees Certified Mail Provides: ~ · A mailing receipt · A unique identifier for your mailpiece · A signature upon delivery · A record of delivery kept by the Postal Service for two years Important Reminders; · Certified Mail m~y ONLY be combined with First-Class MaLl or Priority Mail. · Cer(ified Mail is ¢~ot available for any class of international mail. SdRAN~-C COVERAGE tS PROVIDED with Certified Mail For · NO IN? , ~A~n~Ld~rlnsuredor Regstered Mail valuab es, p ease u ..... · Recei t ma be requested toprovide proof of · For an addihonal f~ee,, a _R~e~,.rcnint .e~Picre o~/ease complete and atta. c_h e,,R~erttu~n~ fee. Endorse mailpiece i Retur, ,¢~q ~P~o~b nn v~ur ertified Mail receipt required. 've ma~/ be restricted to the addressee or · For an additional fee, dell .ry, . {~^ ¢lcrb nr rk the mailpiece with the addressee's authorized agent..~.ClVlSe ~u~ ........ ma endorsement "Restricted Delivery". Mail receipt is desired, nlease present the ar~i- · If a postmark on th? C?rtlfled .... ,-~ If a nostmar~ on the Certified Mail rCel%e~C)ttihsen(P)~snte~c~%~ ~laPc~S;r~¢'~,f~i'~ label v~,th postage and ma,I IMPORTANT: Save this receipt and present it ~heo making an inquiry. PS Form 3800, jandary 2001 (Reverse) CC~MMONWEALTH OF PENNSYLVANIA COUNTY OF: Ma0, ~st. NO,: DJ Name: Hon. FILING COSTS SE.WUG COSTS TOTAL ,.- cIVIL COMPLAINT NAME a~l ADDRESS PLAINTIFF: l- P 0 Bo× 2013 b Mecha_nicsburg, PA 17055 VS. DEFENDANT: NAME and AOORESS Teresa Baker 81 W. Main Street Newville, PA 17241 Docket No.: Date Filed: L TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ , 5 ~ 1 2 0.5 8 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): Date of Loss: 02-28-02 Location: North High Street, Newville, PA Defendant pulled from stop sign into the path of Plaintiff causing collision. 'i, Kara J. Walters redly that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. S.C.A. § 4904) related to unsworn falsification to authorities. '-~ I\ (SIgnatureefq~alnt o g I Kara J. Walters Plaintiffs Address: .Attorney: Telephone: 'iF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY ATTHE AuOV TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR D.EFENSE. UNLESS YOU DC JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. " you have a claim against the plaintiff which is within district justice jurisdiction and which you intend Jfo assert at the hearing, you must fll~ it on a oomplaint form at this office at least five (5) days betore the date set for the hearing, If you have a olaim against the plalnt~ whloh Is not within district Justice Jurisdiction, you may request Information from-this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District offico at the address ' above. ' OOM'MONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING A%q~KIE NEWVILLE, PA 'relepho,e: (717) 776 '3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING A¥~z~UE NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS ~WALTERS, KARA J PO BOX 2013 MECHANICSBGRG, DEFENDANT: UBAKER, TERESA PA 17055 VS. NAME and ADDRESS 81 W MAIN ST NEWVILLE, PA 17241 L Docket No.: CV-0000048-02 I ~ Date Filed: 4/19/02 Disposition Date: 6/03/02 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge. CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or imProper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC729B-98 FORM PRII~ED.- 7/09/02 14=28.-37 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBI~.RLAND Mag, DisL NO,: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717) 776- 3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS _ FWALTERS, KARA J PO BOX 2013 MECHANICSBURG, DEFENDANT: FBAKER, TERESA 81 W MAIN ST NEWVILLE, PA 17241 L Docket No.: CV-0000048-02 Date Filed: 4/19/02 PA 17055 VS. NAME and ADDRESS THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) FOR PLAINTIFF in the amount of $ (Date of Judgment) 6/n~/n~ ~'] Defendants are jointly and severally liable. r---] Damages will be assessed on: [--] This case dismissed without prejudice. r--]Amount of Judgment Subject to Attachment/Act 5 of 1996 $. [-~ Levy is stayed for__ days or ~--] generally stayed. ~--] Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment $ o Attorney Fees $ .0 Total $ 5,224.58 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 5,120.581 $ 104.00 Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ~2 --3--O ~;;~ate ~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. I Date , District Justice I I My commission expires first Monday of January, AOPC 315-99 2006 SEAL John R. Ninosky, Esquire Attorney I. D. No. 78000 ~OIZ)BERG, ~(ATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff KARA J. WALTERS, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3174 : NOTICE TO THE DEFENDANT: YOU HAVE BEEN SUED IN COLRRT. 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 CA/TNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, e4usted 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 objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 82209.1 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff KARA J. WALTERS, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3174 : COMPLAINT AND NOW, come the Plaintiff, Kara J. Walters, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Complaint by respectfully stating the following: 1. Plaintiff is an adult individual who currently resides at 975 Mountain Road, Newville, Cumberland County, Pennsylvania, 17241. 2. On February 28, 2002, Plaintiff was the owner of a 1993 Honda Prelude automobile with Pennsylvania License Plate No.: EDP-9213. 3. It is believed, and therefore averred, that Defendant, Teresa Baker, is an adult individual who currently resides at 81 West Main Street, Newville, Cumberland County, Pennsylvania, 17241. 4. On February 28, 2002, Defendant was the owner of a 1978 Buick LeSabre automobile with Pennsylvania License Plate No.: DTP-7260. 5. On February 28, 2002, at approximately 4:20 P.M., Defendant was operating her vehicle eastbound on Cove Avenue at the intersection of North High Street, Newville, Cumberland County, Pennsylvania. 6. At this location, North High Street is the throughway, and there is a stop sign posted for vehicles traveling eastbound on Cove Avenue. 7. On the above-referenced date, time and location, Defendant pulled from Cove Avenue into the intersection of North High Street, directly into the path of a vehicle operated by Plaintiff. A collision ensued between the Baker vehicle and the Walters vehicle. 9. The above-referenced collision was caused directly and proximately as a result of Defendant's negligence in that she: (a) Failed to exercise reasonable care in the operation of her vehicle; (b) Operated her vehicle in such a manner so as to cause a collision with the vehicle operated by Kara Walters; (c) Failed to be alert and keep a proper look-out for other vehicles on the roadway; (d) Operated her vehicle inattentively, without regard to the rights and safety of other individuals; (e) Failed to yield to the vehicle operated by Kara Walters who was approaching the throughway; and (f) Violation of 75 Pa. C.S.A. §3323(b). 10. As a direct and proximate result of the Defendant's negligence, as aforesaid, Plaintiff suffered damages to her vehicle in the amount of $4,480.09. 11. Plaintiff also was required to rent a vehicle while her vehicle was being repaired. The rental expense totaled $616.73. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,120.58, together with interest, delay damages, and costs of suit, which is an amount requiring this matter to be submitted to compulsory Arbitration. Respectfully submitted, GOLDBERG, KATZlW~AN & SHIPMA/~, P.C. Jo~VR.-N~nosky, E~q~ire Attorney I. D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff DATE: 82209.1 VERIFICATION I, Kara J. Walters, am the Plaintiff in the this matter, and I hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: 82210.1 CERTIFICATE OF SERVICE I 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, Harrisburg, Pennsylvania, with postage, prepaid as follows on 7/3~/~ : first-class Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. 82200.1 Joia R. Nfnosky, Esquire Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) 234-4161 Kara J. Walters, Plaintiff Teresa Baker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3174 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to plead to the within New Matter of Defendant, Teresa Baker, within twenty (20) days from service hereof. Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attomey for Defendant Kara J. Walters, Plaintiff Teresa Baker, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3174 CIVIL TERM · CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NEW MATTER AND NOW COMES the Defendant, Teresa Baker, by and through her counsel Turo Law Offices, and files this Answer to Complaint and New Matter: 2. 3. 4. 5. 6. 7. 10. Admitted. Admitted. Admitted Admitted Admitted Admitted Admitted in part and denied in part. It is admitted that a collision between the Baker vehicle and the Walters vehicle occurred at the intersection of North High Street and Cove Avenue· To the extent this averment intends to imply that Defendant Baker did not stop at the posted sign on Cove Avenue, said averment is denied· (This number was skipped in Complaint.) This is a conclusion of law to which no answer is required. To the extent it may be considered averment of facts, it is specifically denied that Defendant was negligent as alleged in subparagraphs (a) through (f). Defendant Baker is without sufficient information to admit or deny the averments in paragraph #10. Stdct proof is demanded· 11. Defendant Baker is without sufficient information to admit or deny the averments in paragraph #11. Strict proof is demanded. NEW MATTER By way of further answer and response, Defendant, Teresa Baker, interposes the following new matters: 12. If the Plaintiff, Kara Walters, has sustained property damages as alleged, then they were not caused by acts, omissions or breaches of any duty by Defendant Baker, but were caused, in whole or in part, or were contributed to by the negligence, fault or want of care of the Plaintiff herself. 13. Plaintiff Walters alleged cause of action is barred, in whole or in part, by the Pennsylvania Comparative Negligence Act, 42 Pa. C.$. §7102, et seq., or by the Doctrine of Comparative Negligence. 14. Plaintiff Walters failed to exercise reasonable care under the circumstances of heavy traffic then and there existing. 15. Plaintiff Walters was comparatively negligent and failed to exercise reasonable care by operating a mobile phone while driving her vehicle. 16. Plaintiff Walters was comparatively negligent and failed to exercise reasonable care by driving her vehicle at a speed greater than what was reasonable and prudent under the conditions then and there existing. 17. Plaintiff Walters was comparatively negligent and failed to exercise reasonable care by failing to bring her vehicle to a stop within the assured cleared distance ahead in violation of 75 Pa. C.S. §3361. 18. Plaintiff Walters was comparatively negligent and failed to exercise reasonable care by failing to keep a proper lookout for other vehicles on the roadway. 19. Plaintiff Walters was comparatively negligent and failed to exercise reasonable care by failing to have her vehicle under proper and adequate control. WHEREFORE the Defendant, Teresa Baker, respectfully requests that judgment be entered in her favor and that Plaintiff Walters' Complaint be dismissed with prejudice. Respectfully Submitted TURO LAW OFFICES Carol L. C~ngranelli, Es~ire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant VERIFICATION I, Carol L. Cingranelli, Esquire, attomey for the Defendant herein, have suffi( knowledge of the facts contained in this Answer to Complaint and New Matter and verify that the statements made in the foregoing are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification executed by the Defendant will be filed of record as soon as it becomes available. o L. Cingranelli, ~-sfluire CERTIFICATE OF SERVlCF I hereby certify that I served a true and correct copy of the Answer to Complaint and New Matter upon John R. Ninosky, Esquire, by depositing same in t, he United States Mail, first class, postage pre-paid on the ~_~ -.f~day of~¢~2=~, 2002, from Carlisle, Pennsylvania, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman P. O. Box 1268 Harrisburg, PA 17108 TURO LAW OFFICES arol L. Cingranelli, E,~quire - 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff KARA J. WALTERS, Plaintiff vs. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3174 : REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Kara J. Walters, by and through her counsel, Goldberg, Katzman and Shipman, ?.C., who files this Reply to New Matter by respectfully stating the following: 12. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) . 13. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) . 14. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 15. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 16. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) . 17. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) . 18. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) . 19. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $875.28, together with interest, delay damages, and costs of suit, which is an amount requiring this matter to be submitted to compulsory Arbitration. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~R. Ninosky, Esquire I. D. #: 78000 320 Market Street P.O. Box 1268 ~/[^/l[/O~ Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Date: 84704.1 Attorneys for Plaintiff VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) DATE: 84704.1 John R. Ninosky, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. John~. Nin~sky CERTIFICATE OF SERVICE I 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, Harrisburg, Pennsylvania, with first-class postage, prepaid as follows on ~//~/~ : Carol L. Cingranelli, Esq. Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPT~%N, P.C. Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) 234-4161 82200.1 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff KARA J. WALTERS, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3174 : DONNA J. MYERS, VS. TERESA BAKER, Plaintiff Defendant : liN THE COURT OF COMMON PLEAS : CUMBERIJkND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3175 : PLAINTIFFS' MOTION FOR CONSOLIDATION AND NOW, come the Plaintiffs in the above-referenced matters, by and through their counsel, Goldberg, Katzman and Shipman, P.C., who file this Motion for Consolidation by respectfully stating the following: 1. The above-referenced matters are property damage claims which arise from the same automobile accident which occurred on February 28, 2002. 2. The witnesses in both actions are the same. 85426.1 3. Discovery, and the ultimate resolution of these matters, will be simplified if both cases were consolidated for discovery and arbitration/trial purposes. 4. The Defendant in the above-referenced matters concur with this request for consolidation. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter an Order consolidating the above-referenced matters for both discovery and arbitration/trial purposes. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. JOD~ R. Ninosky, Esquire I. D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs 2 CERTIFICATE OF SERVIC~ I 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, Harrisburg, Pennsylvania, with first-class postage, prepaid as follows on ~/~h : Carol L. Cingranelli, Esq. Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendants GOLDBERG, KATZMAN & SHIPMAN, P.C. 85426.1 hn/R. Ninosky, Esqu~ Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs (717) 234-4161 KARA J. WALTERS, Plaintiff VS. TERESA BAKER} Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3174 / DONNA J. MYERS, VS. TERESA BAKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3175 : OBDER AND NOW, this ~ day of O~ , 2002, upon consideration of the Plaintiffs' Motion for Consolidation, and noting Defendants' concurrence thereto, it is hereby ORDERED that the Plaintiffs, Motion is granted. The above-referenced cases are hereby consolidated for discovery and arbitration/trial purposes. BY TH~ Jo John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMJ~N & SHIPM_~N, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff KARA J. WALTERS, Plaintiff VS. TERESA BALKER, Defendant : IN THE COURT OF COPSMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3174 : DONNA J. MYERS, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3175 : PLAINTIFFS' MOTION FOR CONSOLIDATIOn! AND NOW, come the Plaintiffs in the above-referenced matters, by and through their counsel, Goldberg, Katzman and Shipman, P.C., who file this Motion for Consolidation by respectfully stating the following: 1. The above-referenced matters are property damage claims which arise from the same automobile accident which occurred on February 28, 2002. 2. The witnesses in both actions are the same. 3. Discovery, and the ultimate resolution of these matters, will be simplified if both cases were consolidated for discovery and arbitration/trial purposes. 4. The Defendant in the above-referenced matters concur with this request for consolidation. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter an Order consolidating the above-referenced matters for both discovery and arbitration/trial purposes. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. R. I. D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: ~/~ Telephone: (717) 234-4161 85426.1'/TM Attorneys for Plaintiffs CERTIFICATE OF SERVICE I 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, Harrisburg, Pennsylvania, with first-class postage, prepaid as follows on ~/~k : Carol L. Cingranelli, Esq. Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendants GOLDBERG, KATZMAN & SHIPMAN, P.C. 85426.1 John/R. Ninosky, Esquir~ Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs (717) 234-4161 Kara J. Walters And Donna J. Myers Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3174'/ : NO. 02-3175 Teresa Baker, Defendant : CIVIL ACTION - LAW AND Leader Insurance Company Additional Defendant PRAECIPE TO WITHDRAW AS TO ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf o the Defendant, Teresa Baker, as to the Additional Defendant, Leader Insurance Company. Respectfully Submitted TURO LAW OFFICES Date Carol L. Cingranelli, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant, Teresa Baker CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the forgoing Praecipe To Withdraw As To Additional Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the Z'./7__. day of ~ ~.~ , 2002, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman P. O. Box 1268 Harrisburg, PA 17108 Leader Insurance Company 3607 Rosemont Avenue, Suite 202 Camp Hill, PA 17011 TURO LAW OFFICES Carol L. Cingranelli, F:~qui e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant, Teresa Baker John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff KARA J. WALTERS, Plaintiff VS. TERESA BAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : .~ : NO. 02-3174 Defendant : DONNA J. MYERS, VS. TERESA BAKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3175 : PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matters settled and discontinued. GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs DATE: 96361.1