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Home My WebLink About02-3175COMMONAVEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is g/yen that the appeflant has filed in the above Court of Common Pleas an al~eal from the judgment rendmed by the District Justice no the date and in the case mentioned belo~ Teresa Baker '~ ~ ~ 09-3-02 81 W. ~in St. '~ ~ ~ ~ ~ c~ ~ ~;~; Neville PA 17241 6-3-02 M~s a~ ~a ~ T~rp_qa Baker CV 0000049-02 ~ ~ck ~11 ~ ~ ~LY ~n ~is 1~8& 'If ~11~ ~(s~ ~. R.C. RJ.P. No. ~is ~e of A~I. ~ ~i~ ~PER~EAS ~ ~ j~t ~ ~ in ~is ~s~ FILE A C~AINT within ~ (20) da~ aft~ s~ ~ ~ot~ ~ ~ fili~ h~ ~,CE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectk~ of fora3 to be used ONLY when appellant was DEFENDANT (see Pa. R.C. RJ.P. No. 1001(7) in action before District Justice. IF NOT USED. de~ch from copy of notice of appeal to be served up~, appellee). PRAECIPE: To Prothnootory Enter rule upon DO~ J. M~-~'S ~, · _ ~ o,' ~e~,~s) , ~s), ~ fi~ a c~int in ~is ~ RULE= To ~ J. M~S - ' '~ ~ ~ ~ ~ ~ ~ ~ (1) You am notified that a rule is hereby entered upon you to file a compkzint in this appeal within twenty (20) days after the date of service of this rule upon you by persofla~ service or by certified or registered mail (2) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL B~ ENTERED AGAINST YOU. (3) The date of service of this rule il: service was by mall is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY 0 FILE COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served _ .. ule ~?a~ addressed on P' ~.~ accompanying the above Notic ' ., ~e.~s rece,p[ attached hereto ~ sy (certified) (regiStered) SWO~N (AFFIRMED) AND SUBSCRIBED BEFORE THIS DAY OF COMMONWEALTH OF PENNSYLVANIA COUN'i~' OF; ~ 09-3-02 ~.o. ]~35C 155 (717) 776-3187 172(1 P.O. BOX 155 27 W- BIG 8PH/~G NEI~ZLLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) In the amount of $ e'~ a _ 9 A on: r'-'l Defendants are jointly and severally liable, ] Damages will be assessed on: r--]This dismissed without prejudice. Amount of Judgment Subject to I I Attachment/ActSof 1996 $ [] Levy is stayed for _days or r--~ generadly s Objection to levy has been filed and hearing will b, IPlace: ANY PARTY HAS TI*II= RIGHT TO APPEAL wrrH1N 30 DAYS OF APPEAL wrrH THE PROTHONOTARY/CLERK OF THE C MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/* I i certify that this is a true and correct copy of Me record Date My commission expires first Monday ol JanuarT, AOPC 315-99 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PO BOX 2013 tne~C~V~G, PA 1705=; L VS. 81 # ~ ST Dockat No.: CV-00000~9-03 Date Filed; (Date of Judgment) (Date & Time) ied. Amount of Judgment Judgment Costs $ 59.50 Interest on Judgment $ - ,Attorney Fees $ . O0 Total $ Post Judgment Credits Post Judgment Costs Certified Judgmem Total ~r ~ r.R THE ENTRY OF JUDGMENT BY RUNG A NOTICE )URT OF COMMON PLEAS, CIVIL DIVISION. YOU ~ANSCRIPT FORM WITH YOUR NOTICE OF APPEAl- · ~ , District Justice , District J~'~ice [006 SEAL Donna J. Myers, Plaintiff Teresa Baker, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ,~1~,~' CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THEPROTHONOTARY: 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 providing 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 '~'~b~Ct J. MCl/derig; EsqUire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Donna J. Myers, Plaintiff Teresa Baker, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- CIVIL TERM : 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 anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Teresa Baker Address: 81 West Market Street Newville, PA 17241 Social Security Number: 182-52-9353 b. 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: $ None 00 00 Checking Account: $ Savings Account: None Certificates of Deposit: None Real Estate (including home): Motor vehicle: Make Buick Year 1978 Stocks; bonds: Other: Cost $600 None Amount owed None None Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: $140 None Electric 40, Car Insurance $60 / month, Medical expenses (insulin needles $25 / month, Fines - 2 more payments of $100 g. Persons dependent upon you for support Wife/Husband Name: None Children, if any: None living with me Name: Age: Name: Age: Name: Age: 4. ~ understand that ~ 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Teresa Baker, Defendant 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~,NNSYLVANIA COUNTY OF .......... _~__~.~.~,~ ~,~ C-/~---~_~_ ................... ;SS AFFIDAVIT: I hereby swear or affirm that I served j~. copy of the. Notice o.,.~peat, Common Pleas No~ .~ ~:~)~ .-._.-.-~ / '~"~ _.~ , upon the Djst.d,m-J~stJce designated therein on (date ?f service! F--:"'--~-,- '~k~, []..by persona serv. ice J~ ( erti~ (registered) mail, sender's receip[ attacnea here[o, aha upon the appellee, (name) ,~)~,~/~_~~ ........ -- ...... on ~ a~i~' ~' ~ by ~erso?a.I ,service J~_b~ (registered) mail, sender's receipt attach~-~reto. ~., a~u, nner ina! [ serve,a [ne Huie [o~,e a~omplal~ accompanying the above Notice of Appeal upon the a~ap.,!~.]L~e(s) to whom [ne.,Hule wa~ aaaressea on J ' -/,'~.~ H ~ ........~ [] by personal service ~ b(~'~ertifie-~'~(registered) mall, senders receipt attached hereto. ' ' SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 4~7'~ DAY 0 F ' Signa~re"of affiant NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeol from the judgment rendered by the District Justice on the date and in the case mentioned below. 0g-3-02 z~ co~ PA 17241 IN THE CAS~ OF 6-3-02 ~ b~k wiE ~ ~ ONLY ~ this ~ is mqui~ u~ P~ R~.J~. ~ /~ ~11~ ~ ~LAIMANT 1~8~ This ~tice of A~I, ~ ~ei~d by t~ Dis~t ~s~e, ~Jl ~ ~ a ~PER~DEAS ~ ~ j~ ~ ~s~ssi~ in this case Signalure of Prothonotary or Deputy (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. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant 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 . ..... · Name of alTpellee(s) ;., (Common Pleas Ncx ~_.- ~./~ ~1 7~ ) within twenty (20) days after service 9f ryle,o~ suff~. ~of j~ 6f naa pros. RULEr To ~ 3. Mye,~ , Name of appellee(s] (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of ,..ic. af th,, .,_.,,,. ,.,.vic. OF by o, ma, ( ),~l~ou2 ' d6 not file a compIqin¥,.~, within this time a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ('.~ date Of service of this ruJe;if,~ervice was by mail is the date of mailing. COURT FILE AOPC 312-90 Certified Mail Provides: · A maili~g receip? · A unique identifier for your mailpiece · A signature upon delivew · A record of delivery kept by the Postal Service for two years Important Reminders: · Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. · Certified MaC is i~o,~ available for any class of international mail. · NO INSUP, ANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. · For an add t cna fee, a Return Receipt may be requested toprovide proof of del very To obtain Return Receipt service, please complete and attach a Rs, turn Receipt PS Form 3811) to the art cie and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested" To receive a 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 mailpiece with the endorsement "Restricted Delivery". · If a postmark on the Certified Mail rece pt s des red, p ease present the arti- cte at the post offce for postmarkng If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and real1. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, Januar~ 2001 (Reverse) 102595-01-M-1049 USE Return Rece,pt Fee (Endor ..... t Required) Restricted De,ive~ Fee o~o"~'~o. ~a -~-~,-~,~+ ~ Certified Mail Provides: · A mairi~g receipt · A unique identifier for your mailp~ece · A signature upc,!l delivery A retard n' :lell. (!r;, I~ent by the Postal Service for two years · Cedif ed r,a; m .z, )NL¢ b~ combined wth Frst-Cass Mail or Priority Mail. · NO IN~LJ~{,,'JC!E CCJERAGE IS PROVIDED with Certified Mail. For For in additiona~ fee, a Return Receipt may be requested toprovide proof of Receipt PS For 3811) to the article and add applicable postage to cover the a duplicate ret Jr~ rece pt, a USPS postmark on your Certified Mail receipt is required. · For an add t o a fee de very may be restricted to the addressee or addressee's authorized agent Advise the clerk or mark the mailpiece with the endorsernent "Restricted Del~very". · If a postmark on the Certified Mai] receipt is desired, please present the arti- cle at the post off ce fo postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mai. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, Januai¥ 2001 (Reverse) 102595-01-M-1049 010170603328 MG ~?,C~MMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Dial. No.: DJ Name: t4on, Telephone: ( ) AMOUNT DATE PAID FILING COSTS $ / / S RV,NGCOSTS / / TOTAL $ ~" ~) ff / Iq / 0 --CIVIL COMPLAINT PLAINTIFF: ~,ME .~ ADDRESS Donna J. Myers P 0 Box 2013 Mechanicsburg, PA 17055 VS. DEFENDANT: ~.~,~E .od Aoonl~ss Theresa Baker 81 W. Main Street Newville, PA 17241 J TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 875.28 .together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): ~ate of Loss: 2-28-02 Location: 13 N. High Street, Newville, PA Defendant collided with stop sign that hit Plaintiff's property causing damage to Plaintiff's property. '1, Donna J. Myers vedfy 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. x ~A~ ~, )/~///,--~ . - (SlgnatUm'O/~,~ntlff of'~l~oelzed Agent) Donna J. Myers Plaintiffs · Attomey: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT. NOTIFY THIS OFFICE IMMEDIATELY ATTHE AI~OV TELEPHONE NUMBER. YOU ,MUST APPEAR AT THE HEARING AND PRESENT YOUR D.EFENS. E. UNLESS YOU DC JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the headng, you must fllb it on a complaint form at this office at least five (5) days before the date set for the heating. If you have a claim against the plaintiff which is not within district justlco lurlsdlotlon, you may request information fromthls office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. ,, COMMONWEALTH OF PENNSYLVANIA ,-. COUNTY OF: CUMBERLAND 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 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS I-MYERS, DONNA J - PO BOX 2013 MECHANICSBUKG, PA 17055 VS. DEFENDANT: NAME and ADDRESS [-'BAKER, TERESA -- 81 W MAIN ST NEWVILLE, PA 17241 L Docket No.: CV-0000049-02 [ ~ 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 FOR_-~ PRINTED.' 7/09/02 14'.31.'42 COMMONWEALTH OF PENNSYLVANIA 'COUNTY OF: CUMBERI,AND Mag. Dist. NO,: 09-3-02 DJ Name: Hon. HEI~EN B. SHUf.ENBERGER A.d,ess: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILI.E, PA Telephone: (717) 776- 3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 CIVIL CASE PLAINTIFF; NAME and ADDRESS FMYERS, DONNA J PO BOX 2013 MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS NOTICE OF JUDGMENT/TRANSCRIP'I' ~AKER, TERESA 81 W MAIN ST NEWVILLE, PA 17241 Docket No.: CV-0000049-02 Date Filed: 4/19/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) in the amount of $ q~4 _78 on: ~'-] Defendants are jointly and severally liable. ~ Damages will be assessed on: ~-] This case dismissed without prejudice. ~-~ Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ r-~ Levy is stayed for days or r-] generally stayed. '--]Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 875.28 $ 59.50 $ .00 $ .0, $ 934.7; 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. ~9 '3 - 0 ~ate ~~~~~__ , District Justice II certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of.January, AOPC 315-99 2006 SEAL John R. Ninosky, Esquire I.D. #78000 ~OL~B~, F~N & SHIP~N, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay DONNA J. MYERS, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : · NO. 02-3175 PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Plaintiff, Donna J. Myers, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 82164.1 July 16, 2002 jo~R. Ninosk/y, E~~sq ire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 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 7//~/~ : Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~ R. Ninosky, Esquire Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) 234-4161 82165.1 John R. Ninosky, Esquire Attorney I. D. No. 78000 C~OLDBERG, KATZ~R%N & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff DONNA J. MYERS, vs. TERESA BALKER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02=3175 CIVIL TERM NOTICE TO THE DEFENDANT: 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 T~/KE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, 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, 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 objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot 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 ESCRITA ABAJO 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 82176.1 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZM_AN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff DONNA J. MYERS, VS. TERESA BAKER, Plaintiff : : : : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3175 CIVIL TERM COMPLAINT AND NOW, come the Plaintiff, Donna J. Myers, 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 13 North High Street, Newville, Cumberland County, Pennsylvania. 2. On February 28, 2002, Plaintiff was the owner of the above-referenced residence. 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, 17421. 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 Kara Walters. A collision ensued between the Baker vehicle and the Walters vehicle. 8. As a result of the collision, Defendant's vehicle struck a stop sign located at the intersection of Cove Avenue and North High Street, and the sign struck Plaintiff's home, thereby causing damage to the home. 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; 2 (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. The Defendant's negligence, as aforesaid, directly and proximately caused Plaintiff to suffer damage to her home in the amount of $875.28. 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. John R. Ninosky, Esq~re Attorney I. D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff DATE: 82176.1 VERIFICATION I, Donna J. Myers, 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. Do~n~a J.~ M~y%~ Date: 82178.1 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 first-class postage, prepaid as follows on 7/~/~_~7- : Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. 82197.1 JohnFR. Nfno%k~, Esqui~ Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) .234-4161 Donna J. Myers, Plaintiff Teresa Baker, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3175 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. Date/ Respectfully Submitted TURO LAW OFFICES ~arol L. Cingranelli,,~squim 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Donna J. Myers, Plaintiff Teresa Baker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3175 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 by respectfully saying the following: 2. 3. 4. 5. 6. 7. o 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 Myers 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. Admitted in part and denied in part. It is admitted that Defendant's vehicle struck a stop sign located at the intersection of Cove Avenue and North High Street. It is denied that said stop sign struck Plaintiff Myers' home. Strict proof is demanded. Paragraph #9 is a conclusion of law to which no response is required. If a response is deemed required, the averments contained therein are specifically denied. Denied. Strict proof demanded. NEW MATTER By way of further answer and response, Defendant, Teresa Baker, interposes the following new matter: 11. Damage to the siding of Plaintiff Myers' home, if any, existed prior to the motor vehicle incident referred to in said Complaint. WHEREFORE the Defendant, Teresa Baker, respectfully requests that judgment be entered in her favor and that Plaintiff Myers' Complaint be dismissed with prejudice. Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant VERIFICATION I, Carol L. Cingranelli, Esquire, attorney for the Defendant herein, have sufficient 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. CERTIFICATE OF SERVICE 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, sarqe in,the United States Mail, first class, postage pre-paid on the ~_~..~ day of~~__~L, 2002, ! from Carlisle, Pennsylvania, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman P. O. Box 1268 Harrisburg, PA 17108 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, F~%TZMAN & SHIP~N, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff DONNA J. MYERS, VS. TERESA BAKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3175 : REPLY TO NEW NATT~R Date: 84701.1 AND NOW, comes the Plaintiff, Donna J. Myers, by and through her counsel, Goldberg, Katzman and Shipman, P.C., who files this Reply to New Matter by respectfully stating the following: 11. 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. GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~R] Nfn0sky, Esquire I. D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ~-if--d?_ Telephone: (717) 234-4161 Attorneys for Plaintiff VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) 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~. ~ino~ky '- - J 84701.1 ~ERTIFICATE OF SERVICm 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 ~,//~/0~ : Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. 82197.1 Jo . y, Esquire Attorneys I.D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) 234-4161 OCT 0 200?_ KARA J. WALTERS, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - L~W : · NO. 02-3174 : DONNA J- MYERS, VS. TERESA BAKER, Plaintiff : IN THE COURT' OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3175 / Defendant : ORDER AND NOW, this day of , 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 THE COURT: 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 Bi~KER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND. COUNT~, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3174 : DONNA J. MYERS, Plaintiff vs. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PE1TNSYLVANIA : : 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 ~amage 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 cQnsolidated 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. Jo~ R. Nino~ky, Esau' I. D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: 6~/9z/~ Telephone: (717) 234-4161 85426.1//~/U~ Attorneys for Plaintiffs C~RTIFICATE 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 85426.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. 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, Plaintiff VS. TERESA BAKER, Defendant : IN THE COURT OF COMMON PLEAS CUHBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - SAW : : 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 ORDER AND NOW, this ~ day of O~ , 2002, upon consideration of the Plaintiffs' Motion for Consolidatien, and noting Defendants' concurrence thereto, it is hereby ORDERED that the Plaintiffs' Metion is granted. The above-referenced cases are heneby consolidated for discovery and arbitration/trial purposes. Kara J. Walters And Donna J. Myers Plaintiffs V. Teresa Baker, Defendant AND Leader Insurance Company Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3174 : NO. 02-3175/" : : : CIVIL ACTION - LAW : PRAECIPE TO WITHDRAW AS TO ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf the Defendant, Teresa Baker, as to the Additiional Defendant, Leader Insurance Company. Date Respectfully Submitted TURO LAW OFFICES Carol L. Cingranelli,/Esquire '~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defen~lant, 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 deposit..ing same in the United States Mail, first class, postage pre-paid on the ..k"./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 LA'W oFFICES Carol L. C~ngranelli, E~'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, KATZ~2~N & 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 : 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. DATE: 85426.1 GOLDBERG, ~TZMAN & SHIPMAN, P.C. ox R. ~in~sky, ~s~ire I. D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs