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HomeMy WebLinkAbout03-1180SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, Defendant NO. 0.3 - 11P6 (2io-, CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & J ANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E. IN THE COURT OF COMMON PLEAS GEHRING, wife and husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. Q,? ??? l tvc.l PAUL E. HIGHLANDS, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, KAREN S. GEHRING and LARRY E. GEHRING, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff KAREN S. GEHRING, is an adult individual who currently resides at 985 Lenker Drive, Millersburg, Dauphin County, Pennsylvania. 2. 3. 4 Plaintiff LARRY E. GEHRING, is an adult individual who currently resides at 985 Lenker Drive, Millersburg, Dauphin County, Pennsylvania. Plaintiffs are husband and wife, having been married on January 2, 1971. Defendant PAUL E. HIGHLANDS is an adult individual whose last known address is 3 Driftwood Court, Hanover, York County, Pennsylvania 17331. 1 SHOLLENBERGER 6 JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX(717)234-8212 www.sholljanlaw.com 5. The facts and circumstances hereinafter set forth took place on May 17, 2001, at or about 2:53 p.m. on the Carlisle Pike (State Route 11), Hampden Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff KAREN S. GEHRING was the operator of a 1995 Chevrolet Prizm sedan. 7. At the aforesaid time and place, the vehicle operated by the Plaintiff KAREN S. GEHRING was stopped in the eastbound lane of the Carlisle Pike, in a line of traffic waiting at a red light at the intersection of Gateway Drive. 8. At the aforesaid time and place, Defendant PAUL E. HIGHLANDS was the owner and operator of a 1990 Buick Skylark that was traveling east on the Carlisle Pike. 9. At the aforesaid time and place, the Defendant failed to stop his vehicle in time, and struck the Plaintiff's vehicle in the right rear. 10. As a result of the aforesaid collision, Plaintiff KAREN S. GEHRING has suffered serious and permanent injuries, including but not limited to the following: A. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; B. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; C. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; D. Severe strain and sprain of both wrists; E. severe shock to nerves and nervous system; F. mental and physical anguish. 2 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 0 FAX (717) 234-8212 www.sholljanlaw.com 11. As a direct and proximate result of the aforesaid injuries, Plaintiff KAREN S. GEHRING has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff KAREN S. GEHRING has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff KAREN S. GEHRING has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of this collision, Plaintiff KAREN S. GEHRING has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 15. As a further result of the aforesaid injuries, Plaintiff KAREN S. GEHRING has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 16. Plaintiff, KAREN S. GEHRING, is covered by the full tort option under her motor vehicle insurance policy with Ohio Casualty Group. A copy of the declaration page is attached hereto as Exhibit "A". 3 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX (717) 234-8212 www.sholljanlaw.com 17. Plaintiff had the following items in her vehicle at the time of the collision which were damaged as a result thereof, the replacement value of which Plaintiff claims reimbursement from the Defendant: A. Shelving for kitchen trapped in trunk; B. Three (3) oil filters; C. Gasoline; D. Tow hitch and labor to install; E. Car seat. COUNTI KAREN S. GEHRING v. PAUL E. HIGHLANDS NEGLIGENCE 18. Paragraphs 1 through 17 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 19. The aforesaid collision was a direct and proximate result of the negligence of Defendant, PAUL E. HIGHLANDS, in operating his vehicle in a careless, reckless and negligent manner as follows: A. In failing to have his vehicle under proper and adequate control; B. In failing to apply the brakes in time to avoid the collision; C. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; D. In permitting or allowing his vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff, E. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; 4 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX (717) 234-8212 www.shollianlaw.com F. In failing to properly observe traffic signals controlling defendant's direction of travel; G. In failing to keep a reasonable look-out for other vehicles lawfully on the road; H. Driving at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit him/her to have brought his/her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of The PA Motor Vehicle Code; I. In otherwise operating said vehicle in careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff KAREN S. GEHRING demands judgment against the Defendant, PAUL E. HIGHLANDS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II LARRY E. GEHRING v. PAUL E. HIGHLANDS LOSS OF CONSORTIUM 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. As a further result of injuries sustained by his wife, Plaintiff LARRY E. GEHRING has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. 5 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 0 FAX (717) 234-8212 www.shollianlaw.com WHEREFORE, Plaintiff LARRY E. GEHRING demands judgment against Defendant PAUL E. HIGHLANDS for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY: Dated: March bD , 2003 6 Karl J Januzzi, Esquire I.D. 5575 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106 717/234-3700 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX (717) 234-8212 www.shollianlaw.com INDIVIDUAL VEHICLE DETAIL:'"FORMATION 1995 GEO PRIZM LSI Rating Factors CLASS 811120 USAGE vW All Other, No Youthful Operator Pleasure or Work Less IYISK5286SZO51841 than 3 miles one way GARAGED ZIP CODE SYMBOL TERRITORY LOSS PAYEE (LIENOLDER) 17061 12 030 6 MOUN Vehicle DESCRIPTIOY LNffS PREMUM Coverages Liability Insurance $50,000 each accident $68.13 and Limits Uninsured Motorists $35,000 each accident 24.14 Bodily Injury Stacked Coverage Underinsured Motorists $35,000 each accident 1.28 Bodily Injury Stacked Coverage Basic First Party Benefits Full Tort 15.47 Added First Party Benefits Medical Expense Benefit up to $10,000 11.45 Work Loss Benefit up to $5,000 Subject to a Maximum of $1,000 Per Month Funeral Expense Benefit up to $2,500 Damage to Your Auto Other Than Collision - Actual Cash Value 30.68 Collision - Actual Cash Value Less 75.92 $500 Deductible Transportation Expense INCLUDED Total Six Month Premium For Auto 1: $227.07 iVote: This is not a bill Discounts The following discount(s) have already been applied to premium. Multi Car Discount FamPak Discount Valued Customer Discount Anti Lock Brakes Discount VERIFICATION I, _ Karen S. Gehring , hereby acknowledge that I am a Plaintiff in this action and that I have read the Complaint and that the facts stated herein 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. T/I Date: 3/ 10/03 SHOLLENBEROER 6 JANUZZI, LLP 1920 L1NC;LESTOHN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 2]4-]700 0 F;LX ;7171 234-8212 7L (?Jj W ? o' a KAREN S. GEHRING and IN THE COURT OF COMMON PLEAS OF LARRY E. GEHRING, wife and CUMBERLAND COUNTY, PENNSYLVANIA husband, Plaintiffs NO. 03-1180 V. PAUL E. HIGHLANDS, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Paul E. Highlands, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Ct Wo Michael S. Ferguso , Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: 4/.1/ d 3 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this t ( fe. day of April, 2003, 1 hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire Shollenberger & Janussi, LLP 1820 Linglestown Rd. Harrisburg, PA 17106 -Wv??7 Michael S. Fergus n, Esquire r.:_? - - ,... -? _ , n;?• _. ;? _. '? -- ? c: . ? r-1 ? - - `t ? -- t _ _ ?'' -. _v ?i' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01180 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEHRING KAREN S ET AL VS HIGHLANDS PAUL E 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 PAUL E HIGHLANDS but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE in his bailiwick , to wit: He therefore County, Pennsylvania, to On April 23rd , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe . Docketing 18.00 Out of County 9.00 - -?7 Surcharge 10.00 R. Thomas Kline Dep York County 36.20 Sheriff of Cumberland County .00 73.20 04/23/2003 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this 6 `` day of 02&Z 3 A. D. Prothonot ry COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN i. rLF111V ? Irrl,3/ Karen S. Gehring et al SERVICE CALL (717)771.9601 INSTRI TIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. CQ?1RTfIIFE Clvll 3. DEFENDANT/S/ 4. TYUUP,,jjE OFF WRIT OR COMPLAINT Paul E. Highlands Notice and Complaint, Interro- SERVE atories, Re for Prod of Doc 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Paul E. Highlands 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWR, STATE AND ZIP CODE) AT 3 Driftwood Court Hanover, PA 17331 7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE )M DEPUTIZE ? ER . MAIL ? 1ST CLASS MAIL ? POSTED ? OTHER NOW March 18 20 I, SHERIFF O TY, PA, do he by deputize t e eriff of --rk COUNTY to execute this W n return ther rding to law. This deputization being made at the request and risk of the plaintiff. -CI IIAL 114,3KUU I IUN5 UR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY SHERIFF OUT OF C-OU CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. KRRU-J---XRRU ' IYV6/ jTf ?§ar6VRNff RE PO BOX 60545 HBG, RR 17106-d5'045 TELEPHONE NUMBER ^? ,r ocR V I?? ?Ur r I U NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). -37 11. DATE FILED 3-17-03 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ R. A H R E N S 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 3-20-03 4-16-03 16. HOW SERVED: PERSONAL( ) RESIDENCE lig POSTED( ) POE( ) SHERIFF'S OFFICE 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) OTHER( ) SEE REMARKS BELOW 18. NAME AND TITLE OF INDIVIDUAL SERVED / LAST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date f Se a 20. Time of Service 21. ATTEMPTS to Time Mile Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS, ?7f V r 75 •(?.J \ ? 23. Advance Costs 24. ServiceCosts 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 3L7xi? Tot- Costs 33. Costs D Refund/ h k Nc .00 18.00 16.20 34.20 G 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/NOotOFound 38 $0 O 40. Costs Due or Refund 41. AFFIRM m SO ANSWERS 42. day of NOTAREIq 44. Signature of 45 qA F q A, f o W Dep. Sheriff c3/ City of York York Co TA 46. Signature of Yo M Cemmiasic : Exr. res April 20, 2006 County Sheriff 47. DATE WILLIAM M. HOSE 48. Signature of Foreig _ n 49. DATE 50. 1 A OWLEDGE RECEIPT OF T SHERIFF. R SIG URE?unty Sheriff O AUTHORIZED ISSUING AUTHORITY AND TITLE. 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs office C01fNTY"OF YORK 3 OFFICE OF THE SHERIFF SERVICE CALL 28 EAST MARKET ST., YORK, PA 17401 (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT: and AFFIDAVIT OF RETURN PLEASE " TYPE ONLY LINE 1 THRU 12 1. P TIFF/S/ DO NOT DETACH ANY COPIES 1 ' 2. COURT NUMBER e, aJ 3 D ANT/S/ C`.-` ri t.' INN-11 k 4. TYPE OF WRIT OR COMPLAINT C04T! iaPro ?i.rYt$, Interro• E NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY 1- r t F: ' t r U 71 )?? pall- T'. I,.LCIt?lcnds, TO BE LEVIED, ATTACHED, OR SOLD. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY BORO, TWP, STATE AND ZIP CODE) Drif t?wcx,d Ccarrt Hanc;%, er, t'A l `' 3 < 1 7. INDI ATE SERVICE: ? PERSONAL ? PERSON IN CHARGE Y-,rj DEPUTIZE U CERT. MAIL ? 1 ST CLASS MAIL ? POSTED ? O NOW- Mazct? A? 2 r I, SHERIFF O THER TY, PA, do here y deputize the s iff of COUNTY to ?pdi to Ia This deputization being made at the request and risk of the plaintiff. execute this Writ urn there ing 8. SPE )NSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ERIFF O ' C NTY ?,tc ADVAPIC-o t1 L P• y >. NOTE. LY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching an without atchman, in custody of whomever is found in possession, after notifying same herein fny loss,Adestruction, or removal of an person of levy or attachment, without liability on the part of such deputy or the sherff to anave?, . E d E Y property before sheriffs sale thereof. 9 TYP ?n C?SS,vf ATTAR Y / RIGINATOR and SIGNATURE Y plaintiff 10. TELEPHONE NUMBER 11. DATE FILED 12. SE OTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). SH- IFF 13 I a SPACE BELOW FOR USE OF THE SHERIFF DO NOT WRIT LINE . edge receipt of the writ r; E_BE or co*aint as indicated above. 14.- -DATE RECEIVED 715., xpvation/Hearing Date 16. HOW?RVED: PERSONAL ( RESIDENCE POSTED ( POE I ` "') n 17. ? I *eby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above, (See remarks below. OTHER ( ) SEE REMARKS BELOW 18. NAMC-Alk TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. I ) "s ! Date pf Service 20. Time of Service 21.. E S Date Time Miles Int. Date` Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles' I . REM s: nt. Date 22 Time Miles Int. 23 Advance 'lists 24 Service Costs 25. N/F 26 Mileage 27. Postage 28. Sub Total ?` ? `" • 0?: 29. Pound 30. Notary 31. Surch9 32. Tot. Costs 33. Costs Due or Refund Check No. 1? A. Foreign Costs 35. Advance Costs 36. Service Costs 37. Notary „Cert., 38. Mileage/Posted/Not Found 39. Total Costs t 41. AFFIRMEliand subscribed tgb m efore e this 1 7` . 40. Costs Due or Refund dG?. day of 20 44. Signature of : SO ANSWERS 43. Dep. Sheriff OTHY !NOTARY. E rte..-• . _ 45. D,EgTE 46. Signature of York County Sheriff r ' f f ,,r 47DATE 48. Signature of Foreign A O ER CEIPT OF HESH .RIFFS R G County Sheriff 4. A E N.' OF ALIT D ISSUING AUTHORITY AND TITL SIGNATURE I;:WHITE - Is Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs office 51. DATE RECEIVED r,F KAREN S. GEHRING and LARRY E. GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1180 v. PAUL E. HIGHLANDS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Karen S. Gehring and Larry E. Gehring c/o Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Rd. Harrisburg, PA 17106 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, NEALON & GOVER, P.C. B tt Y• Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: S (y ?? (717) 232-9900 KAREN S. GEHRING and IN THE COURT OF COMMON PLEAS OF LARRY E. GEHRING, wife and CUMBERLAND COUNTY, PENNSYLVANIA husband, . Plaintiffs NO. 03-1180 V. PAUL E. HIGHLANDS, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Paul E. Highlands, by and through his attorneys, Nealon & Gover, P.C., and files the following Answer to Plaintiff's Complaint with New Matter: 1. The Defendant is without sufficient knowledge or belief to form an opinion as to the truth of the averment. 2. The Defendant is without sufficient knowledge or belief to form an opinion as to the truth of the averment. 3. The Defendant is without sufficient knowledge or belief to form an opinion as to the truth of the averment. 4. Admitted. 5. Admitted. 6. Admitted on information and belief. 7. Denied pursuant to 1029(e). 8. Admitted. 9. Denied pursuant to 1029(e). 10. A through F denied pursuant to 1029(e). 11. Denied pursuant to 1029(e). 12. Denied pursuant to 1029(e). 13. Denied pursuant to 1029(e). 14. Denied pursuant to 1029(e). 15. Denied pursuant to 1029(e). 16. Denied. There is no indication on the exhibit Motor Vehicle insurance policy that indicates any effective dates. 17. Denied pursuant to 1029(e). COUNTI KAREN S. GEHRING v. PAUL E. HIGHLANDS NEGLIGENCE 18. No responsive pleading required. However the Defendant incorporates his responses to paragraphs 1 through 17 by reference. 19. Denied pursuant to 1029(e). WHEREFORE, Defendant Paul Highland demands that this matter be dismissed and costs assessed to the plaintiff in this case. COUNT II LARRY E. GEHRING v. PAUL E. HIGHLANDS LOSS OF CONSORTIUM 20. No responsive pleading required. However the Defendant incorporates his responses to paragraphs 1 through 19 by reference. 21. Denied pursuant to 1029(e). WHEREFORE, Defendant Paul Highlands request that Count II of the Complaint filed on behalf of Larry Gehring be dismissed and cost be placed upon the Plaintiff. NEW MATTER 22. Paragraphs 1 through 21 of Defendant's Answer are incorporated herein by reference thereto. 23. Plaintiff's Complaint is barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Paul Highlands, respectfully requests that the Complaint against him be dismissed with the cost of this action. Respectfully submitted, NEALON & GOVER, P.C. Y: Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. N O Harrisburg, PA 17110 Date: (717) 232-9900 VERIFICATION I, Paul E. Highlands, verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Cate: IG ar'" 3 ;? Paul E. Highlands CERTIFICATE OF SERVICE day of May, 2003, I hereby certify that I have served the AND NOW, this 11 f It foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire Shollenberger & Janussi, LLP 1820 Linglestown Rd. Harrisburg, PA 17106 ??AeosgmL? Eileen S. Smith, Sec tary n ' t Y; C t7 i Burl SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E. GEHRING, wife and husband, Plaintiffs V. PAUL E. HIGHLANDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 21$' day of August, 2003 1 hereby certify that I have served Plaintiffs' Answers to Defendants' First Request for Production of Documents and Plaintiffs' Answers to Interrogatories of the Defendants to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael S. Ferguson, Esq. Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 Respectfully submitted, By: RGER & JANUZZI, LLP J. Januzzi, Esq ney I.D. #65575 Dated: August 21, 2003 o w O Ti FT C L v - rn .? 11 7 Z _ Cil { SHOLLEN13ERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs KAREN S. GEHRING and LARRY E. GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, Defendant NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 16th of October, 2003, 1 hereby certify that I have served the following NOTICE TO TAKE ORAL DEPOSITION on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael S. Ferguson, Esq Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: 4ar;J Januzzi, Esq. Attorney I.D. #65575 Dated: October 16, 2003 C? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KAREN GEHRING TERM, -VS- CASE NO: 03-1180 PAUL HIGHLANDS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/03/2003 MC?be alf o? IC AEL FERGUSO/: Attorney for DEFENDANT DE11-460954 3 7 0 8 4- L 0 a. C O M M O N W E A L T H OF P E NN S Y L VAN I A C O UW T Y or CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS KAREN GEHRING TERM, -VS- CASE NO: 03-1180 PAUL HIGHLANDS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THTXCGS FOR DISCOVERY PURSUANT TO RULE 4009.21 EVELYN G. FREDERICK HEALTH CTR MEDICAL RECORDS BELLIS CHIROPRACTIC MEDICAL RECORDS CENTRAL PA. REHAB SERVICES MEDICAL RECORDS TO: KARL J. JANUZZI, ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/13/2003 CC: MICHAEL FERGUSON, ESQ. - 03221 MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247757 3 7 0 8 4- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN GEHRING VS. PAUL HIGHLANDS File No. 031180 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for EVELYN G. FREDERICK HEALTH CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: j JV?'&tA- /U O-Z) Seal of the Court 37084-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EVELYN G. FREDERICK HEALTH CTR 1000 EVELYN DRIVE MILLERSBURG, PA 17061 RE: 37084 KAREN S. GEHRING Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : KAREN S. GEHRING 985 LENKER DRIVE, MILLERSBURG, PA 17061 Social Security #: 208-42-4516 Date of Birth: 08-18-1953 SU10-474194 3 7 0 8 4- 1,0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAREN GEHRING PAUL HIGHLANDS COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-1180 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/03/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-460955 37084-L 02 C O M M O N W E A L T H OP P E NN S Y L VAN 2 A COUN'T'Y OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KAREN GEHRING TERM, -VS- CASE NO: 03-1180 PAUL HIGHLANDS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKETPS i THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 EVELYN G. FREDERICK HEALTH CTR MEDICAL RECORDS BELLIS CHIROPRACTIC MEDICAL RECORDS CENTRAL PA. REHAB SERVICES MEDICAL RECORDS TO: KARL J. JANUZZI, ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/13/2003 CC: MICHAEL FERGUSON, ESQ. - 03221 MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247757 3 7 0 8 4-C!0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN GEHRING VS. PAUL HIGHLANDS File No. 031180 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BELLIS CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON, ESQ. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ? l o-1 411 R 1 n 1_L0 CRA Seal of the Court BY E COURT: U'69 37084-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BELLIS CHIROPRACTIC 129 LOCUST STREET ELIZABETHVILLE, PA 17023 RE: 37084 KAREN S. GEHRING Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : KAREN S. GEHRING 985 LENKER DRIVE, MILLERSBURG, PA 17061 Social Security #: 208-42-4516 Date of Birth: 08-18-1953 SU10-474196 3 7 0 84 -1, 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAREN GEHRING PAUL HIGHLANDS COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-1180 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/03/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-460956 37084-1,03 C O M M O N W E A L T H Op P E N N S Y L VAN = A COUNTY OP CUMBER LAN D IN THE MATTER OF: KAREN GEHRING -VS- PAUL HIGHLANDS NOTICE OF A SUBPOENA TO EVELYN G. FREDERICK HEALTH CTR MEDICAL RECORDS BELLIS CHIROPRACTIC MEDICAL RECORDS CENTRAL PA. REHAB SERVICES MEDICAL RECORDS TO: KARL J. JANUZZI, ESQ. COURT OF COMMON PLEAS TERM, CASE NO: 03-1180 MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/13/2003 CC: MICHAEL FERGUSON, ESQ. - 03221 MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247757 3 7 0 8 4- C O 3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN GEHRING VS. PAUL HIGHLANDS File No. 031180 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL PA. REHAB SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON, ESQ. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: / I mx4y- (A- ?0, Seal of the Court 37084-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA. REHAB SERVICES 75 EVELYN DRIVE MILLESBURG, PA 17061 RE: 37084 KAREN S. GEHRING Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : KAREN S. GEHRING 985 LENKER DRIVE, MILLERSBURG, PA 17061 Social Security #: 208-42-4516 Date of Birth: 08-18-1953 SU10-474198 3 7 0 84 -1, 0 3 Cl) C o C ca -n 'L7 U7 fYl r z fv [7 ??-' c ty :gym a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, Defendant NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS OF COUNSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: arl J. Janu i, Esq. I . D. # 65575 Date: November 24, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, Defendant NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 24 day of November, 2004 1 hereby certify that I have served the Praecipe for Change of Address of Counsel for Plaintiff to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael S. Ferguson, Esq Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP .d By: Karl J. Januzz , Esq. Attorney I.D. #65575 Dated: November 24, 2004 ("? tv r 7 1 r„'i ^? FTI 'i KAREN S. GEHRING and LARRY E. GEHRING, wife and husband, Plaintiffs V. PAUL E. HIGHLANDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Paul E. Highlands, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: /? `? (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 621I day of October, 2006, 1 hereby certify that I have served the foregoing Withdrawal of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Michael S. Ferguson, Esquire : Fil _ ? f KAREN S. GEHRING and LARRY E. GEHRING, wife and husband, Plaintiffs V. PAUL E. HIGHLANDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Paul E. Highlands, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: Jenni "knley Allen, Esquire V.D. No. 84311 AttornA 2411 North Front St. Harrisburg, PA 17110 Date: (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 10 " day of October, 2006, 1 hereby certify that I have served the foregoing Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Jgnhl Henley Allen, Esquire C':, ?.. `?? C7 ?? r?? =? _ t?-, c ?-t r -? tti A'-: i '{ .??_? .. 4`°_.'J ?e3 ORIGINAL KAREN S. GEHRING and LARRY E. IN THE COURT OF COMMON PLEAS OF GEHRING, wife and husband, CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, TO THE PROTHONOTARY: Plaintiffs : CIVIL ACTION - LAW NO. 03-1180 Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned on behalf of Defendant, Paul E. Highlands, in the above-captioned case. DENNEHEY, WARNER, GOGGIN DATE: l?? O BY: D LD L. CARMELITE, ESQUIRE I.D. o. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant I CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of October, 2007, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 SUSAN M. WILLIAMS rt 16 KAREN S. GEHRING and LARRY E. IN THE COURT OF COMMON PLEAS OF GEHRING, wife and husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. NO. 03-1180 PAUL E. HIGHLANDS, Defendant JURY TRIAL DEMANDED NOTICE OF DEATH TO THE PROTHONOTARY: The death of Paul Highlands on December 17, 2004, a party to the above action, during the pendency of this action is noted upon the record. Respectfully submitted, )ENNEHEY, WARNER, GOGGIN DATE: 11 ?-7JOb BY: 11-- DW*rD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant 00 • KAREN S. GEHRING and LARRY E. IN THE COURT OF COMMON PLEAS OF GEHRING, wife and husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 03-1180 PAUL E. HIGHLANDS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Diane E. Black, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of November, 2007, I served a true and correct copy of the Notice of Death, via U.S. first-class mail, postage pre-paid, as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Diane E. Black 05/355667.vl m P j* ro SHOLLENBERGER & J ANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KAREN S. GEHRING and LARRY E. GEHRING, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL E. HIGHLANDS, Defendant NO. 03-1180 CIVIL ACTION - LAW JURY TRIAL DEMANDED ,00$*0V MID TO THE PROTHONOTARY: Please mark the above-captioned action settled, ended, and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By Karl J. anuzzi, Esquire Atto y for Plaintiff Dated: September 23, 2008 C7 ? F J ?`4 Ul .c_" r