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HomeMy WebLinkAbout03-20116 ~ CINZIA LIO, 3224 Market Street, Camp Hill, PA 17011 and MARIA LUISA LIO, 3224 Market Street, Camp Hill, PA 17011, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~. : No. 03 - ~! l RONALD F. LANG, :CIVIL ACTION -LAW 153 E. High Street, Carlisle, PA 17013, Defendant PRAECIPE FOR WRIT OF SUMMONS TO: Curt Long, Prothonotary e;~,~~-~,., Please issue a Writ of Summons for a Civil Action at Law against the above-referenced Defendant. SHUMAKER WILLIAMS, P.C. Dated: ~/,~ ~©~ By aurence W. Dague, I.D. #1 15 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs 154794 ~ n ~ ~ C CJ i v t" fT;f=, r.~ { y' ~At ~~~ "~ ~~ ~y t (.T T: ,~~~f _> ...i7 _~ Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CINZIA LIO AND MARIA LUISA LIO 3224 MARKET STREET CAMP HILL, PA 17011 Plaintiff Vs. RONALD F. LANG 153 HIGH STREET CARLISLE, PA 17013 Defendant Court of Common Pleas No. 03-2011 CIVIL TERM In CivilAction-Law To RONALD F. LANG You are hereby notified that CINZIA LIO AND MARIA LUISA LIO, the Plaintiff has /have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment maybe entered against you. (SEAL) CURTIS R. LONG Prothonotary Date APRIL 29, 2003 ~~' D~°i ° " ~' U Deputy Attorney: Name: LAURENCE W. DAGUE Address: SHUMAKER WILLIAMS, P.C. POBOX88 HARRISBURG, PA 17108 Attorney for: Plaintiff Telephone: 717-763-1121 Supreme Court ID No. 19715 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIO CINZIA VS LANG RONALD F ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS LANG RONALD F DEFENDANT was served upon the at 1524:00 HOURS, on the 1st day of May 2003 at 153 E HIGH STREET CARLISLE, PA 17013 by handing to RONALD LANG a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 ~~ Sworn and Subscribed to before mew"t_his ~ ~ day of ,vim ~3 A.D. P othonotary So Answers: R. Thomas Kline 05/02/2003 SHUMAKER WILLIAMS By: Deputy S eriff CINZIA LIO and MARIA LUISA LIO, Plaintiffs RONALD F. LANG, v. Defeadant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2011 CIVIL TERM 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 followiag pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attoraey and filing in writing with the Court your defenses or objections to the claims set forth agaiast you. You are warned that if you fail to do so the case may proceed without you aad a judgmeat may be entered agaiast 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 LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CINZIA LIO and MARIA LUISA LIO, Plaiatiffs v. RONALD F. LANG, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2011 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demanders que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de eats Demander y Aviso radicando personalmente o por medio de un abogado una compareceacia escrita y radicando ea la Corte por escrito sus defensas de, y objeccioaes a, las demanders preseatadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en Ia demands o cualquier otra reclamation o remedio solicitado por el demandaate puede ser dictado ea coatra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes parer usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CINZIA LIO and MARIA LUISA LIO, Plaintiffs RONALD F. LANG, v. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2011 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, CINZIA LIO anal MARIA LUISA LIO, by and through their attorneys, SCHMIDT, RONCA 8v IS:RAMER, P.C., and respectfully set forth as follows: 1. Plaintiffs Cinzia Lio and Maria Luisa Lio are adult individuals, with Cinzia Lio currently residing at 6161 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and Maria Luisa Lio currently residing at 3224 Market Street, Camp Hill, Dauphin County, Pennsylvania 17011. 2. Defendant Ronald F. Lang is an adult individual currently residing at 153 E. High Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter stated took place on or about May 15, 2001 at 11:30 a.m. in the Hampden Commons Shopping Center Lot in Hampden Township, Cumberland County, Pennsylvania. 4• At the aforementioned time and place, Plaintiff Cinzia Lio was driving east in the Hampden Commons Shopping Center Lot in a 1987 Dodge, owned by Antonio Lio, with Maria Luisa Lio as her passenger. 5. At the aforementioned time and place, Defendant Ronald F. Lang was traveling north in the Hampden Commons Shopping Center Lot and approaching a stop sign placed for northbound traffic at an intersection to which the Plaintiffs were approaching. 6. A collision occurred when the Defendant, Ronald F. Lang, failed to yield and/or stop causing the impact with the drive:r's side of the vehicle occupied by the Plaintiffs. 7. The collision between the vehicles causc;d the injuries to the Plaintiffs set forth below. COUNT I CINZIA LIO V. RONALD F LANG NEGLIGENCE 8. Paragraphs 1 through 7 of the Plaintiffs' Complaint aze incorporated herein by reference and made a part thereof as is set forth in full. 9. The accident was caused by the negligence and carelessness of Defendant Ronald F. Lang and was in no way caused. or contributed to by Plaintiff. 10. The negligence and cazelessness of Defendant, Ronald F. Lang consisted of the following: a. inattentiveness; b. failing to have his vehicle under proper and adequate control; c. failing to apply his brakes in time to avoid the collision with the Lio vehicle; d• negligently applying the brakes; e. failing to observe the Lio vehicle lawfully on the roadway; f. operating his vehicle at an excessive rate of speed under the circumstances; g. failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; h. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; i• operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; j. failure to yield the right of way to the Lio vehicle; k. otherwise operating said vehicle in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania, including failing to stop. 11. As a direct and proximate result of the <~ccident, Plaintiff Cinzia Lio suffered injuries which may be severe and permanent, including the following: a. Post-traumatic left sacroiliac joint. dysfunction; b. Chronic myofascial pain; c. Chronic left low back pain; d. Left buttock pain and swelling; e. Bulging disc at L4-5; and f. Neck pain. 12. As a direct and proximate result of the accident, Plaintiff, Cinzia Lio, has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 13. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Cinzia Lio has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Cinzia Lio has undergone in the past and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Cinzia Lio has been. obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the' future, and thus, a claim for these losses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Cinzia Lio suffered a permanent diminution of her abilities to enjoy life and life's pleasures, and thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Cinzia Lio may have suffered a loss of earnings and impairment of her earning power and capacity, and thus a claim for these losses past and future is made. WHEREFORE, Plaintiff Cinzia Lio demands judgment on the Defendant, Ronald F. Lang, in an amount in excess of Thirty-Five Thousand (35,000) Dollars and in excess of an amount requiring compulsory arbitration. COUNT II MARIA LUISA LIO V. RONALD F. LANG NEGL_ IGENCE 18. Paragraphs 1 through 17 of the Plaintiffs' complaint are incorporated herein by reference and made a part thereof as is set forth in full. 19. As a direct and proximate result of the accident and negligence of the Defendant as set forth above, Plaintiff Maria Luisa Lio suffered injuries which may be severe and permanent, including the following: a. Neck sprain; b. Left ear pain; c. Head aches; d. Blurred vision and loss of visual 1:ield; e. Contusions; f. Back pain; and g. Loss of sleep. 20. As a direct and proximate result of the accident, Plaintiff, Maria Luisa Lio, has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 21. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria Luisa Lio has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 22. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria Luisa Lio has undergone in the past and will continue to undergo in the future, great pain and. suffering, and thus, a claim for these losses is made. 23. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria Luisa Lio has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 24. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria Luisa Lio suffered a permanent diminution of her abilities to enjoy life and life's ple<~sures, and thus, a claim for these losses is made. 25. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria Luisa Lio may have suffered a loss of earnings and impairment of her earning power and capacity, and thus a claim for these losses past and future is made. WHEREFORE, Plaintiff Maria Luisa Lio demands judgment on the Defendant, Ronald F. Lang, in an amount in excess of Thirty-Five Thousand (35,000) Dollars and in excess of an amount requiring compulsory arbitration. 8CHMIDT, RONCA 8b KRAMER, P.C. By-yL~~~i-! Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BA8ED UPON PER8ONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Cinzia Lio, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information ~;vhich I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsifications made to authorities. Date: / "d'`~ ~ ~~ ~~~ J Cin~;ia Lio VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Maria Luisa Lio, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Compl~unt are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsifications made to authorities. Date: ~ ~ ~ ~~ 3 ~' "L~u ~/ ~ »`~Y<t/ ~f~ Marna Luisa Lio CINZIA LIO and MARIA LUISA LIO, Plaintiffs RONALD F. LANG, v. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 25~ day of July, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Brian R. Sinnett, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2011 CIVIL TERM CIVIL ACTION -LAW BY: ~ J~ Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 ~~ C-~' -i 'C i` -n ~~- ~`t G. '-, r~ ~3 ~ ~ C , N -_)T r ~ --{ ~ = -~G CINZIA LIO and MARIA LUI5A LIO, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. RONALD F. LANG, Defendant N0.03-2011 CIVIL TERM NRY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: F. Lang. Enter the appeazance of Edwazd E. Knauss, IV, Esquire, on behalf of Defendant, Ronald METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~~Q Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 1 7 1 1 0-03 00 (717)238-8187 Attorneys for Defendant Dated: ~~/3 -03 286429-/ CERTIFICATE OF SERVICE AND NOW, this ~ d~ of August, 2003, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Praecipe for Entry of Appeazance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 /~i~c~if~~ ~ . Edwazd E. Knauss, IV 786429-7 r; -, c r'~ ' ~; - <<, _, CINZIA LIO and MARIA LUISA LIO, Plaintiffs v. RONALD F. LANG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW N0.03-20fl 1 CNIL TERM JURY TR][AL DEMANDED NOTICE TO PLEAD TO: Cinzia Lio and Mazia Luisa Lio, Plaintiffs c/o Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 You aze 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. METZGER, WICKERSIIAM, KNAUSS & ERB, P.C. By ,~-s~.~.c ~ Edwazd E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA li'110-0300 (717) 238-8187 Attorneys for Defendant Dated: / ~ 2 ~ ~ 43 288508-1 CINZIA LIO and MARIA LUISA LIO, Plaintiffs v. RONALD F. LANG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.03-2011 CIVIL TERM JURY TRIAL DEMANDED ANSWER TO COMPLAINT Denied, since after reasonable investigation, Defendant is without knowledge or information suflicient to form a belief as to the truth of the averments, and proof is demanded at trial. 2. Admitted. Admitted. 4. Denied, since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 5. Admitted. 6. Denied that the collision occurred due to any failure of Defendant to yield or stop. On the contrary, the impact occurred because Cinzia Lio failed to observe Defendant's vehicle as Plaintiff was attempting to exit a parking lot which Defendant was attempting to enter. Denied, since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 288508-1 COUNTI CINZIA LIO v. RONALD F. LANG NEGLIGENCE 8. The preceding pazagraphs 1 through 7 aze incorporated herein by reference and made a part hereof. 9. Denied. 10. Denied. 11-17. These pazagraphs aze all denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment be entered in his favor with costs. COUNT II MARIA LUISA LIO v. RONALD F. LANG NEGLIGENCE 18. The preceding paragraphs 1 through 17 aze incorporated herein by reference and made a part hereof. 19. Denied. 20-25. These pazagraphs are denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment be entered in his favor with costs. -2- 188508-1 NEW MATTER The claims of the Plaintiffs maybe barred or limited pursuant to the provisions of the Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands judgment in his favor with costs. NEW MATTER PURSUANT TO PA. R.C.P 2252 RONALD F. LANG v. CINZIA LIO The preceding pazagraph 5 of this Answer is incorporated herein by reference and made a part hereof. 2. The accident in question and any injuries sustained by Plaintiff, Mazia Luisa Lio were caused by the negligence and carelessness of the Plaintiff, Cinzia Lio, as follows: (a) She failed to yield the right-of--way to the Defendant; (b) She failed to observe the Defendant's vehicle; (c) She failed to apply her brakes sufficiently and in time to avoid colliding with Defendant's vehicle; (d) She failed to keep her vehicle under control; and (e) She failed to pay attention to other vehicles on the roadways and pazking lot of the shopping center. -3- zsssoa-r WHEREFORE, in the event Defendant is found liable to Plaintiff, Maria Luisa Lio, then Plaintiff, Cinzia Lio, must be found jointly and severally liable; with him for contribution. Dated: ! ' 2 / 'Dj METZGER, WICKERSILAM, KNAUSS & ERB, P.C. By 6 ~_ Edward E. Knaus:;, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 321 I North Front Street Harrisburg, PA 1 7 1 1 0-03 00 (717)238-8187 Attorneys for Defendant -4- 288508-1 VERIFICATION I, Ronald F. Lang, do hereby verify that the facts set. forth in the foregoing Answer to Complaint aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Q / q~ ~o Q 3 Ro ald F.:Lang 288508-! q CERTIFICATE OF SERVICE AND NOW, this ~( day of ~~~~.~ , 2003, I, Edwazd E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Answer to Complaint this da:y by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 ~' ~~_ dwazd E. Knauss., IV zsasoa-r ~ `~" ` A..Y T„ ti ~ r7 "F 1 -. -~ `c L' ~ - r .- C :- ~ A CJl -~ CINZIA LIO and MARIA LUISA LIO, Plaintiffs RONALD F. LANG, v. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2011 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 1. Paragraph 1 of Defendant's new matter its a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is being required, the averments in the new matter aze denied and strict proof is demanded thereof from the Defendant. WHEREFORE, the Plaintiffs respectfully request this Honorable Court strike Defendant's new matter and enter judgment as requested in the Plaintiffs' complaint. Respectfully submitted, Schmidt, Ronca, 8s Kramer, P.C. By:. Scott B. Cooper ID#70242 209 State Street. Harrisburg, PA 17101 (717)232-6300 Attorneys for Plaintiffs ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiffs. I verify that the facts contained in the forc;going document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements he;rein are made subject to the penalties of 18 Pa.C.S.A. X4904 relating to unsworn falsifications to authorities. t~~ 1~ ~3 Date: Scott B. Cooper CERTIFICATE OF SERVICE AND NOW, this ~ day of October, 2003, I, S:harry Semans, hereby certify that I have this day served a true and correct copy of the foregoing reply to new matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Edward E. Knauss, Esq. Metzger Wickersham 3211 N. Front Street, PO Bo:c 5300 Harrisburg, PA 17110-0300 ~~ harry Sem ~l T /,' r ~ t.° ' IT? t... Ji --1 [' ` ~ _ i ~ fti _ z- '~ ~.~ GREGORY E. CASSI 4999 Louise Drive, Su Mechanicsburg, PA 1' 717-791-0400 Attorney I.D. # 49619 CINZIA LIO and ~TIS, ESQUIRE ATTORNEY FOR ADDITIONAL 103 DEFENDANT IA LUISA LIO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2011 RONALD F. LANG, CINZIA LIO TO THE Please enter my to the Date: ~ - Z ~ -v 3 Defendant CIVIL ACTION -LAW on behalf of the Additional Defendant, Cinzia Lio, in regazd matter. BY~ Gregory . Cassimatis, Esquire Attorney foi• Additional Defendant CERTIFICATE OF SERVICE AND NOW, is Zg~' day of Do , 2003, I, Gregory E. Cassimatis, Esquire, Attorney for Addition 1 Defendant, Cinzia Lio hereby certify that I served a copy of the within Praecipe for Entry of Appeazance on this date by depositing same in the United States mail, postage prepaid, in M hanicsburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Edwazd E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 7, By~ -_..G~~N ~-~ Grego Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney I.D. # 49619 n o ca ~ -pll7 o C'7 -~ -?~T ~M ~ ~~ " C ; ~ ~ ' j~ ~ N J'1 (J GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 ATTORNEY FOR ADDITIONAL DEFENDANT Attorney I.D. # 49619 CINZIA LIO and MARIA LUISA LIq Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RONALD F. LANG, Defendant v. CINZIA LIO Additional Defendant NO. 03-2011 CIVIL ACTION -LAW ADDITIONAL DEFENDANT CINZIA LIO'S REPLY TO NEW MATTER PURSUANT TO Pa R C P 2252 1. The allegations of Plaintiff's Complaint are incorporated herein by reference. 2. (a)-(e) Denied. The allegations contained in Paragraph 2 (a)-(e) of Defendant's New Matter Pursuant to Pa.R.C.P. 2252 contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Additional Defendant, Cinzio Lio demands judgment in her favor and against Defendant, Ronald F. Lang. Date: //~.? S-0 3 ~~.'~~~F/`- ~~ By: Gregory assimatis, Esquire Attorney for Additional Defendant VERIFICATION I, Cinzia Lio, a Defendant herein verify the facts set forth in the foregoing Additional Defendant's Answer to New Matter Pursuant to Pa.R.C.P. 2252 are true and conect to the best of my knowledge, information, and belief and that I am authorized to make this verification. This statement is r;ade subject to the penalties of 1$ Pa. C.S.A., section. 4904 relating to ursworn falsification to authorities. Date: ~ ~ p 3 Name: (~.c(,~(Q/ ~ Cinzia Lio CERTIFICATE OF SERVICE AND NOW, this ~ day of ovr _ , 2003, I, Gregory E. Cassimatis, Esquire, Attorney for Additional Defendant, Cinzia Lio hereby certify that I served a copy of the within Additional Defendant's Reply to New Matter Pursuant to Pa.R.C.P. 2252 on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Edwazd E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Grego Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney I.D. # 49619 ° ~ a --~ ~: LYi ~ > N SCHMIDT, RONCA 8~ KRAMER, P.C. BY: Scott B. Cooper, Esquire I.D. # 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Scooper(a~srklaw. com CINZIO LIO and MARIA LUISA LIO, Plaintiff v. RONALD F. LANG, Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2011 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Plaintiffs' Response to Defendant's Request for Admission by causing a copy of same to be deposited in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Date: November 4, 2004 Edward E. Knauss, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Gregory E. Cassimatis, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Scott B. Cooper, Esquire ~• ~`' , ---t ~., . . . r4.,; r, t"'.. ..-- ---31„~ ~t • '~`~ CINZIA LIO and MARIA LUISA IN THE COURT OF COMMON PLEAS LIO, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. N0.03-2(111 CIVIL TERM RONALD F. LANG, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To The Prothonotary: Kindly enter my appearance on behalf of Defendant Ronald F. Lang in the above- referenced action. METZGER, WICKERSH.AM, KNAUSS & ERB, P.C. _/' By ~~ Andrew W. Norfleet, E ire Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: ~ Attorney for Defendant 318568.1 CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereb certify that I served the foregoing Praecipe for Entry of Appearance to Plaintiffs this day of January, 2005, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 ~/` ~ t Andrew W. Norfleet 318568.1 {'~ - + "`' ~-~, cR-~ C_~ -s~ , - - ~~ ~.{ ~" - r3 1 ~J ..~ ~3 ~, - s'~ _~ ~ ~`<.. ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR ADDITIONAL DEFENDANT CINZIA LIO and MARIA LUISA LIO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-2011 RONALD F. LANG, Defendant v. CINZIA LIO Additional Defendant CIVIL ACTION -LAW CERTIFICATE -PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 As a prerequisite to service of Subpoenas for Documents and Things pursuant to Rule 4009.22, of the Pennsylvania Rules of Civil Procedure, Defendant, Glimcher Realty certifies that: 1. A Notice of Intent to serve subpoenas with a copy of the Subpoenas attached thereto was mailed on September 28, 2005, which is greater than 20 days prior to the date the Subpoenas are sought to be served, to Scott B. Cooper, Esq., Counsel for Plaintiff; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate as Exhibit "A"; 3. No objection to the Subpoenas has been received by October 19, 2005, and the moving Additional Defendant shall serve the Subpoenas; 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to serve the Subpoena. ~/, Date: ~D-~4-o.S~ By: ~i~ Gr ry E. Cassimatis, Esquire Attorney for Additional Defendant ~~ ~~ h, b, GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 1705 717-791-0400 Attorney I.B. # 49619 ATTORNEY FOR. ADDITIONAL DEFENDANT CINZIA LIO and MARIA LUISA LIO, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v. NO. 03-2011 RONALD F. LANG, Defendant v. CINZIA LIO Additional Defendant CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that the Additional Defendant intends to serve subpoenas identical to the ones that are 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 - - subpoenas}. If no objection is made the subpoena(s) may be served. Date: `~ ~~ ~ °~~ By: ~!,~°°~~..~, ~~~~ ~.-.~-.~; ~.~ Gregory E. ~assimatis, Esquire .~11`F u! ~ 1`J ar1J. l.f_.v~~-`~~ ~'JY _ ~ `.~ V. CU1v1BEI'tiLAI`1D C~~TrT~', 1~i~,1~TSi'1_.V ~il~i~'i Plaintiffs v. I'JO.03- ~Ol 1 R©1~1ALD ~ .LANG, Defendant v. CINZIA LIO Additional Defendant CNIL ACTION -LAW SUBPOENA TO PRODUCE D67CUlV][ENTS OR TIT[NGS FOR D)iSCOVERY PURSUANT TO RULE 4009.22 TO: R. Lynn Magargle, M.D. Camp Hill Clinical Research Center 3335 Market Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical file of Maria L. Lio, D.O.B. 7/27/1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Suite ] 03, Mechancisburg, PA 17055. 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. TI-IIS SIJI;POENA WAS ISSUED AT TIDE REC~UEST OF THE FOLLOWING PERSON: Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Ste. 103, I'~lechanicsburg, PA 17055 Telephone: (717} 791-0400; Supreme Court ID# 49619, Attorney for Additional Defendant. ~3Y TIDE ~;OURT: ~~ --.._ f ~'"~~,~-mot ;~-~r::= 1°~ro¢hc~ri-~tary'C1:.3 ~c t~ls l l L~i'l~ in~,~.0?1 i ~> ,-.' ^;` ~r ~k ~i L..,, fi. N ~~io_.i_-'. i,Iv ail 1\~!~t~.:_~'_ ~.'JT.~_> ~,1U. CLIMB~PtiL,lzNi} COIJI~'T~'. PEl~~1~S ~'Lj%~_I~TI plaintiffs ~-. I~30. 03-2011_ RONALD F. LANG, Defendant v. CINZIA LIO Additional Defendant CIVIL. ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR TI~CINGS F'OR DISCOVERY PURSUANT TO RULE 4Q09.B2 TO: William Beutler, D.O. Pennsylvania Spine Institute 805 Sir Thomas Court Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical file of Maria L. Lio, D.O.B. 7/27(1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Suite i 03, Mechancisburg, PA 17055. 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 seelc 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 (ZO) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TINS SUBPOEI~.TA WAS ISSUED AT THE REQI_TEST OF THl/ FOLLOViTING PERSON: Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Ste. 103, Mechanicsburg, PA 17055 Telephoner (717) 791-0400; Supreme Court IDS 49619, Attorney for Additional Defendant. BY THE G.QLTRT: ~ 4p _ J, Protl~oriatarj~; C1_erk Ci 4~1 Divi sign ~ T 'T .r i_ v _.Lr_ _.f.',.. .Ail _ 1~'.~ - ~L i ~~~v k _ F!"' _ ~ii. _ _ .~L'v. r+ b C PEl`11~15~ ~., ~~'ANL'~~ 1?laintiff v. NO. C3-20 i 1 RONALD F. LANG. Defendant v. CINZIA LIO Additional Defendant CNIL ACTION -LAW SUBP®ENA TO PR®DUCE D®CUIi~IElVTS OR THINGS FAR DISC®VERY PURSUANT T® RULE 4009.22 TO: John Thompson, D.O. The Arlington Group 805 Sir Thomas Court Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical file of Maria L. Lio, D.O.B. 7/27/1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Suite 103, Mechancisburg, PA 17055. 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. TINS SUBPOENA WAS ISSUED AT THE REQUEST OF T1=IE FOLLOWING PERSON: Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Ste. 103, Mechanicsburg, P~: 17055 Telephone: (717) 791-0400; Supreme Court 17~# 49619, Attorney for Additional Defendant. r _~, _ °. Pratho..^~tary/Ci~rk:, Livil Lei=~isiori ~~. i ,. ~ ~~L=i u~.% air ~~~ e,.t -.'_T ~ ~~., C:lJIv1BERL!=,Ni~ CO,r~tT°,~ P~1~11vTS i ~`~~ A!V~^^. P i ainTl fI C ~% . Nom. ©J"2V i 1 RONALD F. LANG, Defendant v. CINZJ.A LIO Additional Defendant CIVIL ACTION -LAW SiJ1gPOENA TO P120DUCE DOCi1MENTS OR TI~NGS FOR DISCOVERY PURSUANT TO RIJI,E 4009.22 TO: Premier Eye Care Group 2745 N. Front Street Harrisburg, PA 17110 Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical file of Maria L. Lio, D.O.B. 7/27/1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Suite :103, Mechancisburg, PA 17055. 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 compellin g you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TiIE FOLLOWING PERSON: Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Ste. 103, Il~Iechanicsburg, PA 17055 Telephone: (7'.7}~9.1-040_Q; Supreme.Court II~# 49619, Attorney for_Additional Defendant. BY THE COURT: ~ , _........ ...... C <~' j n ~ ~"'.w+....K .. 1'rotl-~onatar~/Clei1~ Civil L~~~isian vate: - _ ~ r S~cl ~ftl-:c ~ou;-T ~-PP~~u~v _ ~ _. _ ~ _ _.. _ l._i~_ _ _ ~_ ._ C~TI\~tB"P.L~I~-D E~Cr1vT'~'. PEI~~TS~~L.V.~IE. Plaintiffs t-~. NO. 03-201I I:ONALD F. LANG, Defendant v. CINZIA LIO Additional Defendant CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR TPIINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center 4665 Trindle Road Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical file of Maria L. Lio, D.O.B. 7/27/1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Suite 103, Mechancisburg, PA I705S. 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 TIIE REQUEST OF THE FOLLOWING PERSON: Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Ste. 103, Mechanicsburg, PA 170SS Telephone: (717) 791-0400; Supreme Court ID# 49619, Attorney for Additional Defendant. BY TKE COURT ,.~ ~.. ~r Prothon~tar~/~.lerl , Ci<tnl-Divist`t`in • j~ ~a~°: - ~n 4 j; Ls i:S, .~i~~.~l~,. ~~'~. .111:. ~~:__--~il.y.. _ ~. .. lv_ i.l! it ._ili _ ~~~i..~ ..~-- _,~l~il~`~l~i ~~~~_ _~ ~;TtJ1~IliEI'.~~~1'•TD ~OUI`?T ~' , PEi~l~TS'YL~"hNL^~ Plairiiffs v. NF~.O~-2011 RONALD F. LANG, Defendant v. CINZIA LIO Additional Defendant CIVIL ACTION -~ LAW SUBPOENA TO PRODUCE DOCUMENTS OR TJEIINGS F®R DISCOVER' PURSUANT TO RULE 4009.22 TO: George H. Harhigh, D.O. 25 S. 35~' Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical file of Maria L. Lio, D.O.B. 7/27/1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassiznatis, Esquire, 4999 Louise Drive, Suite 103, Mechancisburg, PA 17055. 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 th.e 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 VdAS ISSUED AT THE REQUEST OF THE FOLLQWING PERSON: Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Ste. 103, Tvlechanicsburg, PA 17055 Telephone: (717) 791-0400; Supreme Court ID# 49619, Attorney for Additional Defendant. 13 ~' THE COURT: -~~ . .--- ~va~ ~~ ia1~ ;_:uu. ~ ~~ t ~. _.__ / ~~ *~.~---ICIerk, ~:v~~"1'1i-~~isiari Prothono4~~ y ~, .~i. ~ ~ir~ ._.i~ cL~ . a_ ._4_ _ ~ _~ .._ _ mil`, ROIVTALD F. LANG, CIN~IA LIO Plaintiffs v. Defendant v. Additional Defendant ~1~ _^e-j :mil ^ ~1. F; /~'1i1-r LC p E l~' 1_~ S Y L V A?~ I.F ~. N~~s. 03-2011 CIVIL ACTION •~ LAW SUBPOENA TG PR®DUCE D®CUMENTS ®R THINGS FOR DISC®YERY PURSUANT T® RUDE 4009.22 TO: Ravi Dukkipati, M:D. Neurology Center 897 Poplar Church Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete medical flle ofMaria L. Lio, D.O.B. 7/27/1957; Social Security No.: 194- 56-3469. at the office of Gregory E. Cassimatis, Esquire, 4999 Louise Drive, Suite 103, 1`~Iechancisburg, PA 17055. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, tagether 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 cast of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena `Nithin twenty (20) days after its seance, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE Rl/QUEST OF THE FOLLOWING PERSON: Gregory E. Cassimatis, .Esquire, 4999 Louise Drive, Ste. 103, Mechanicsburg, PA 17055 Telephone: (7I7) 791-0400; Supreme Court ID# 49619, Attorney for Additional Defendant. ,~~ ~, ~,!~i.~ , _~ _ 1 .._ , B ~' TIDE COURT: .. ,: , .E ,; .. °. ~=-••- Prothonata>>/Clergy Ci~nl~Divls~on i.~ "'` ~__ ~~R~~l~ I~ A'I-"~ ~F S~R~~li~lk AND NOW, this '~"~ ~ 'day of ~;~~,~ ~ ,~. , 200, I, Gregory E. Cassimati~, Esquire, Attorney for Additional Defendant, Cinzia Lio hereby certify that I served a copy of -the within Additional Defendant's Notice of Intent to Serve Subpoenas on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Scott B, Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Andrew Norfleet, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 '~ ., Gregory assimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney LD. # 49619 CERTIFICATE OF SERVICE AND NOW, this ~O ~ day of ~~er , 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Additional Defendant, Cinzia Lio hereby certify that I served a copy of the within Additional Defendant's Certificate-Prerequisite for Service of Subpoenas on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Andrew W. Norfleet, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 By: ~~~~ Grego .Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney I.D. # 49619 T~-1 tv~ `( i ~~ ~-v _ ~-~ L, ~ i^, ~ . ^ -.1 CINZIA LIO and MARIA LUISA LIO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-2011 CIVIL TEAM vs. CIVIL ACTION -LAW RONALD F. LANG Defendant vs. CINZIA LIO Additional Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendant, Ronald F. Lang, in the above-captioned case. METZ ICKERSHAM SS & B ~~ Andrew Norfleet, squi e I.D. 83894 PO Box 5300 3211 North Front Street Harrisburg, PA 17110 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Defendant, Ronald F. Lang, in the above-captioned case. MARSHALL DENNEHEY WARN EMAN & GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant I.D. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 r~ ^' =~ C:.l ::.'.. i ~~ r T ~ ~±~ t:' ~- i ~ ' , __ _ ., ...~ . _ _ ~ i r _ .- - ~~ ~., ~ ~ ~7 v -'> CINZIA LIO and MARIA LUISA LIO vs. RONALD F. LANG vs. CINZIA LIO Defendant Plaintiffs Defendant Additional IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2011 CIVIL TEAM CIVIL ACTION -LAW NOTICE TO PLEAD TO: Scott B. Cooper, Esquire Schmidt & Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney or Plaintiff You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER_~~EMAN & GOGGIN ,. Dated: January 9, 2007 By: Christopher M. Reeser, Esquire Attorney for Defendant I.D. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 ~„~ N_ `~ ~. ~ t1 _ ~ ~ ..n~ '..1 ~+~~ r -- ~,~ f t'ri {`~4 i°.~ Marshall Dennehey Warner Coleman & Goggin By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16235-00110 Attorney for Defendant CINZIA LIO and MARIA LUISA LIO vs. RONALD F. LANG vs. CINZIA LIO Defendant Plaintiffs Defendant . Additional . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2011 CIVIL TEAM CIVIL ACTION -LAW DEFENDANT'S AMENDED ANSWER WITH NEW MATTER RE: PIGA OFFSET 1. Defendant's Answer with New Matter and New Matter pursuant to Pa.R.C.P. 2252(d) filed on or about September 30, 2003 is incorporated herein by reference as if set forth at length. 2. At all relevant times, Defendant Ronald F. Lang was insured under a policy issued by Shelby Casualty Insurance Company. 3. Defendant Ronald F. Lang has been provided a defense in this case under the same policy of insurance issued by Shelby Casualty. 4. On August 1, 2006, the District Court of Travis County, Texas entered an Order of Liquidation with a finding of insolvency against Shelby Casualty Insurance Company effective August 1, 2006, staying this action for 90 days. A copy of the August 1, 2006 District Court of Travis County, Texas Order is attached hereto as Exhibit A. As a result of the August 1, 2006 Order of Liquidation, the provisions of 40 P.S. §991.1817(a) apply to Plaintiffs' claims. 6. Plaintiffs are required to exhaust all rights under any insurance policy, including but not limited to claims under accident and health insurance, uninsured motorist, underinsured motorist, worker's compensation, Blue Cross and Blue Shield, and all other coverages except for policies of an insolvent insurer. 7. Upon information and belief, certain of Plaintiffs' bills for which recovery is sought in this action were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, worker's compensation insurance, automobile insurance or other insurance. Plaintiffs' recovery under all other insurance reduces any amount payable by the Pennsylvania Property and Casualty Insurance Guaranty Association (PIGA) and, to the same extent, Plaintiffs' claims against Defendant are also reduced. WHEREFORE, Defendant demands judgment in his favor. MARSHALL DENNEHEY WARNER-C'O°I,,EMAN & GOGGIN sy: __.. Christopher M. Reeser, Esquire Attorney for Defendant Lang I.D. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: January 9, 2007 (717) 651-3509 EXHIBIT A Page 1 of 11 ~ooi Cause No, D-1-GN-06-002366 THE TEXAS DEPARTMENT OF INSURANCE Plaintiff v. VESTA FIRE INSURANCE CORPORATCON et al., Defendants § [N THE DISTRICT COURT OF 5 v ~~ U~ § TRAVCS COUNTY, TEXASw.~ y7 Q ~ ~ v° ~q Y ~,` 126th JUDCCIAI. DISTRICT~o~` ~- ~o ORDER, APPOINTING LIQUIDATOR AND PERMANENT INJUNCTION ~', to g~ ~ b NM~ o ~ ~ . 'C ~ ~ ~c ~ .~ ~E a On this day, the Court heard the tlpplication for Order of Liquidation filed by the Commissioner of Insurance for the: State of Texas (thc "Commissioner"), in his capacity as Rchabilitator of Defendants. The Application requests an order placing Defendants into liquidation pursuant to TEX. INS. CQplr §21A.151 et seq, and appointing the Commissioner as Liquidator (the "Liquidator"). The Application also requo5ts a Permanent Injunction pursuant to TLx. hvs. ConF $21A,008(a), cnjoining Defendants and their agents from conducting Defendants' business, and enjoining other parties from taking any actions against Deticndants or their property. The Rehabilitator appeared by and through his counsel of record, and requested that Vesta Fire Insurance Corporation, Shelby Casualty Insurance Company, The Shelby Insurance Company, Texas Select Lloyds Insurance Company and Select Insurance Services, Inc. be placed into liquidation, and. that Vesta Insurance Corporation remain in rehabilitation. I, FIND IN CS Having considered the Rehabilitator's Application, the evidence and arguments o1' cdunsel, the Court finds as folli~ws: i . I The Court has jurisdiction over the panics and the subject matter of this action. http://www.ppciga.org/vestaorder.html 11/14/2006 Page 2 of 11 ~t-as 1.2 Grounds exist to place Vesta Fire Insurance Corporation, Shelby Casualty Insurance Company, The Shelby Insurance Compttny, Texas select Lloyds Insurance Company and Select insurance Services, Inc, (eollartively, tht "Liquidated Defendants") into liquidation under TFx. itvs. C,`C}(~E ,h'2IA.(157. These grounds include, but are not limited tt7, tl~e finding that the Liquidated Defendants are insolvent as dehn~l in TEx. INS. CODE 1.3 Pursuant to TES, INS. CcrD.t~ §21A,151, tl~,e Commissioner shall be appairtted as Liquidator of the Liquidated Defendants. 1.4 Grounds exist to Continue the rehabilitation of Vesta Insurance Corporation anti the Cozrtnussion~r's appoinhnertt a5 Rehabilitator ol`Vesta Insurance Corporation. 1.5 The Commissioner, as ktel~abilitatar ar Ltquidator, as applicable, is vcst~l by operation of law with title to all of such Defendants' property as de~ncd in TEX. iNS, COt~l: ~2lA..1704(a}(20}. Such property shalt include property of any kind or nature, whether real, personal, or mixed, including but eat litrtited to rttoncy, funds, cash, stack, bands, account deposits, statutory deposits, special deposits, contents of safe deposit boxes, funds held in sharit aaeounts ar tntst accounts, retainages and retainers, letters of credit, real estate, fixtures, furniture, equipment, books, records, documents and insurance policies, intellectual property, computer software and systems, information technology, intern~t dt>maiR names, patents and intangible assets, whether awned individually, jointly, or severally, wherever located, and all rights, claims or causes of action belangin~ to such Detcndatits, w•hcthcr asserted or nok, including but Rat limited t4 accounts recCivpble, notes, premiums, subrogation, insurance and reinsurance proceeds, and all licenses held by such Defendants (collectively, "Defendants' Property'). The title to Defendants' http://www.ppciga.org/vestaorder.html 11 /14/2006 Page3of11 Obi Property shall extend to all items owned by C7efendant5, regardless of the nsme in tivhich such items Aru held. 1.6 Defendants and their wants shall be required to cooperate ~vixh the R.chabilitator or Liquidator, as applicable, pursuant to TGX.1N5. GORE w2iA.fll tl. l.7 It is necessary for this Court to issue a pennhnent injunction pursuant to TEx. Itrs, CoQE ~21A.008(a) to carry out the previsions of TE1f. lhs. CODE Al~lN. Chapter 2IA, and prevent irrcparabte injury, lass and damage to the general public and Defendants' creditors. A nect"ssity exists to enforce the pravirions of'I7Ex.1N3. Co.DE Chapter 2IA by enjoining Defendants and their agents from conducting Defendants' business, except as authatnzcd by the Rehabilitator or Liquidator, as applicable; enjoining financial instittltians ar depositories from taking any actions in connection with Cefendants' property, except as directed by the Rehabilitatar ar Liquidator, as applicable, and enjoining all claimants ar creditors from asserting claims ar causes of action against Defendants, except as permitted by TEx. INS. CUt~E ArJrt. Chapter 2iA, E.l~ Pursuant to TEx. INS. C~i7lr §21A,4Q8(c), a stay remains in effect 4vith respe~;;t t4 actions tt.,[,iainst befendants or their pt-npt:rty. Itt aewrclance with T1Mx. l~~s. CbDF ~2l A.OUR(f), such stay of actions against Defendants is in ef{'ect fac tha duration of this proceeding, and the stay of actions against Defendants' property is in effect far as long as the property belongs to the receivarship e$tata. I.9 Pursuant to TEX. INS. CObk~ ;~Z 1A.008(d), a stay remains in effect with respect to actions against itisur`Cds C4v8r&d under policies of insurance issued by Defendants. Such stay is in effect for r7Q days after the date of the ~t,greetl order Appointing RettaGilitatr~r and Prrnrrmer~t Injtrnctiort, or Such further Nrne as ordered by this Court. http://www.ppciga.org/vestaorder.html 11/14/2006 Page 4 of 11 i~cn~ 1.14 Delendt~nts have E7een P,-e~°ided with proper naticc of the Rehabilitatars' application as Provided in TEX, ltvS. CoD1: ~21A.U07. ll. APPQti<"TMI~NT 4F Ll'QtICDATOR IT IS UE~pEIZED that the Commissioner is appointed ~ Liquidator of the Liquidated Defendants, and ~•anted the foltowint; duties tied powers: 2.1 The Liquidtttar is granted and given all powers and authority under Tr;x. INS. Col7e Chapter ? 1 A., and any end-all other powers and authority under applicable sta~tut~ and the cc,n„non law of this State. ?.:? The Liquidator is authorized to conduct the Liquidated Defendants` busit,.~ss, administer the Liquidated Defendants' o}~erations, and enter rota any cataracts necessary to perfoczn the Liquidattrr's duties, aC his discretion, pursuant to TF.'x.1NS. C0171± ~2lr~.154(a). 2.3 Pursuant to TEX. INS. CODE §21 A. i S l , title to all of the Liquidated Defendants' Property, including but not limited to all the assets and rights described in this Order APnninting Liqurdarar crud P~~rman~nr Iirjuncrton, is vested in the Liquidator. The Liquidatar is ~~uthoriaod to take control and passessian of the Liquidated defendants' Property; tivherevcr located, and remavG all such property from such Defendants' premi~~g, 2.4 The Liquidator is vested writh all of the Liqu%dated tefendants' rights as the cnsstomcr of uny hank, tinanr;ial institution or other dcpasitory. The Liquidator is authorised to withdraw the Liquidated DeFeridants' Property from any such entity or any state ar federal agency, or continue the opcratinn of any accautlts of l.~t;fendants, at his discretion. 2.5 Pursuant to Tt.x. INS. CO[)E~'21 A.154, the Liquidator has all the powers pf the Liquidated Defendtltrts' directors, officer,;, and managers, and the authority of such directars, officers, and mana~;crs is Suspended, except as perniitted by the Liquidator. http://www.ppciga.org/vestaorder.html 11 /14/2006 Page 5 of 11 ~jong The I,iqujdatar i;c authorized to supervise, suspend, ttfrrninttte, ar dismiss any or all of the dirc~c;tars, officers, rt~ana~ers, cmpjpy~ti or agents of the Liquidated pefendants, or retain such persons et his discretion, and compensate them as he deemti necessary from the Liquidated Defendants' funds. 2.G "t'h~ Liquidator is authotzed to retain any professional, administrative, and clerical services as }tc deems necessary pursuant to TEx. 1NS. ~~C7ir ~2 T A.154. Tire Liquidator is further authorized to set the aompen$ation of such pc~rsans, and pay f©r such services from the Liquidated DefEndazzt"~' funds pursuant to TIC. INS. CpDF.. §21,4.01 S(e}. 2.7 The l.iquidatar iS autharizcd to receive, collect, control, open turd review all mail addressed to or intended far the Liquidated Defendants. 2.~3 1'he l.iquidat<~r is autl3vrited to file, praseoutc, defend, ar settle any action as he deems necessary, including any action tc, enforce the provisions of this order. 2.9 "T`kre I..'rquidatar is authoriTed to exclude any person from any property owmed, leased ar occupied icy the liquidated Defendants, at his discretion. 2.if} The C.iquidatar is authariaed to assume ar reject any contracts to which the Liquidated i~cfcndants are a party at kris discretion pursuant to TEx. TNS. CtrI7E §2IA.013. ?.l I The Liquidator is autharizcd to pay benefits under wor(~ers compensation policies as provided in'r~x.1Ns. ~f7DE ~~lA,3fl?. 2.I2 The Liquidator is authorized to taj~e any action to effectuate any transactions that have been iniiiated by the ftehabjlitator to transfer policies of insurance under TFx. TNS. Coot: ~?t A.102, and mny transfer such policies pursuant to TEx. INS. C(7DE §21 A. 154(h}. 2. 3 Pursuant to Trx_ ixg. ~£?DG X21 AA08{rn), the Commissioner is not required to file a bond. http://www.ppciga.org/vestaorder.html 11 /14/2006 Page 6 of 11 ~ion6 "• I~ In the event a successor is appaintul ip be the Commissioner, the successor shall become t}-re Lic}uidatpr upon his appvintment as Commissioner., and the fvrrrter Commissioner shall be dischacg~l as Liquidatr,r as a matter of law. 2. i ~ The C.%quidator has authorized James A. Cuillot, Can3enator far the Taxers Department of Insurance, to ttct vn his behalf, A Special Deputy appointed under TIuX. Ivs. CODE' ~ZlA.lO~(a} shall also have all the rights and powers of the l,igtsidatar, subject to any litnitati<}ns itnpased by the Liquidator. r.I[. [PERMANENT itl\',IUNCTIt~111 it is FUS~THEI~ nFt,DERED that the Clerk of this Court shall issue a Permanent (r~junction againtit the persons and entitir;S n;zrrted below, tivith the follo~~ring force and effect: TC7; pefendants and their agents includill~bt?t fat limited ta~ Defendants and their current and former officers; trustees, directors and underwriters (including but Wert limited to David ~V, Laceticld, C. David Emery, Stephen 1~. Russell, Russell K. Crouch, Danny E. Laffe:y, vJichael W. Peters, C. Ray Smith, III, 1?red H. Wright, Robert J. titcLaughlin, Jr., Jahn W. McCullou,glt, George M. Chin, 1Zvnatd A. Deep, Martha Etta Joiner, Bobby L. Nolen, 1~fvtTrtan W, crayle, III, and Donald t~, Thorritvn}, otivners (including but not limited to Vtasta Insurance Group, Inc,), affiliates (itcluding but not ('rmitcd to J. fiordon Gaines, Inc.}, managers; employees, agents, servants, representatives, attorneys, adjusters and other persons err entities acting on behalf of the Liquidated I7efendantrt; Fi»attvial in5titurian5 in l irnited tc: any and ell banks, savings and. lean associations; trust companies; crt;dit unions; welfare trusts; err any other financial pr depository institutions in the possession of any ofDefendants' Property; and ,~,,tl~~e~ Worries. includin ~~ but nrat 1' i policyholders, creditors, claimants, reinsurers, interimediarics, attorneys and a[t other persons, assaeiaticros, corporations, err any other legat entities a9SCCtin~; claims err causes pf ,action against Defendants, err in possession of any of Defendants' Property, and the united States Postmaster. http://www.ppciga.org/vestaorder.html 11/14/2006 Page 7 of 11 ~joo7 Each of you are hereby RESTRAINED and ENICIINED from taJcirtg any and all of the folios;ping aGtiuns: a.l Duirrg, opcrftting, trr conducting Defendants' business under any charter, certificate of authority, license, permit, power or privilege belonging to or issued to Defendants, nr Exercising any direction,. control, ar influence aver Defendants' business, except through the authority of the Rehabititator or Liyui.dator, as applicable, or his dcsie,rrccs; 3.~ "Cransacting any business of Defendant`s in any tnanrrer except through. Chc authority of thrr Rchabilitatnr pr Liquidator, as applicable, or his designees: 3.3 using, releasing, transferring, selling, assigning, canr~lin,g, hypothecating, ~~rithdrawing, allowing to be ti~~ithdrawn, offsetting, asserting o~vner~ship of, or removing from. t1~is C:hurt's juristlictiori or from Detendirnts' place of business, wry of ~~fendasrts' property or arty other property purchased by Defendants, pr any items into which such property has been transferred, deptrsited or placed, except through the authority of the Rchabilitator or f,icluidator, as applicable, or his designees; >.4 Wasting, disposing of; converting, dissipating, or concealing, is any manner; any of Defendants' Property; 3.5 Doing anything, directly pr indirectly, to prevent the Retlabilitator err Liquidator, or, his designees, from gaining access ta, acquiring, examining, or investigating any of Def'endants' Property or any other property, books, documents, records, or other materials concerning Defendants' bus"mess, under- whatever name they maybe found; 3,6 Obstructing, Ar interfering in any way «'!th the conduct of this procc~dirtg or any incidental investigation as Prohibited by TFx. INS. Cc~n~ X21 A.O10(b); http://www.ppciga.org/vestaorder.html 11 /14/2006 Page 8 of 11 ~ooa Inter,-eriir,~ in this proceeding far the purpase of obtaining a payment from the receivership estate of the I)cfendants as prohibited by Tlx. [N5. Col7c §t 1 AAOS(i); ;3.i•S ~~~.king any claim, change or aff5et, ar cnminencing or prosecuting any actian, appeal, ar arbitratian, including administrAtive proceedings, or obtaining any preference, judgment, attael,ment, garnishment, or other lien, ar making any Icvy against Dcfer-dant5, thou propLrty car flny par# thcccaf, or against the Rehabilitator or Ligtridatar, ~ applicable, except as permitted by Tr;x. Irrs. ConF ANN. Chapter 2I1~. EACH QF YOU ARE FURTHER aRDFRED to make availabie and disdasc to the I~.ehabilitatvr or Lic{uidatr~r, as applicable, ar his desi~,neec, the. nature, amount, and locatian of any and alt of the items listed above, including but net limited to Defendants' Property, end immediately surrender all such property to the Rehabilitator or Liquidator, a5 applicable, or his d ~5t =xlCt;5. DEFENpAIYTS AND THEIR AGENT S A1~1 FURTHER ORDERED to cooperate with the Itehal~ilit~~tor car Liquidator, a:~s applicable, ar his dosignees, a5 required by 1'1'K. Ih5. Copt: ~ lA.OlO(al, 1T 15 FLgt'I''}~ER dlt.[7ERED that the United Mates PaStmastcr and any other delivery tier,.~ices shall deliver to the Rehabilitatoc or Liquidator, as applicable, or his designees, any items addressed to ar intet,ded far Defendants. 1'V. C(}NTINUATIC)N 17F CC1'VERACE ~t, I All r~insuranc~ cantrttcts by which the Liquidated Defendants have assumed t.hr. insw~anee abligatians of another insurer arc canceled upan entry of this ardor pursuant to "~~X, I'~S. GUUi= § 21A.252(a). http://www.ppciga.org/vestaorder.html 11/14/2006 Page 9 of 11 ~o~a ~ 2 Pursuant to T>"x. fits. CODE § 21A.1 S2(b), all policies, insurance cc~ntraCts, surety bonds ar surety ur~clertakings of the Liquidated Defendants in affect at the time of issuance this order, other than life insurance, health insurance or annuities, Continue in force onty until the r',arli~ar of (a) the date of the cxpirAtion of the policy; (b) the date the insured has replaced ar terminated the policy; (c) August 24, 2006 at 1?:41 a.tn., the date and time of the Rehabilitator's Cancellation of policies issued by all of the befendants under the authority ~ anted in the rl,~>rEecl Order Appainfirt~q Re~ra6flftatot' ttnd Perrnr~nertt Injunction pursuant to Ttx. INS. COt?E X21 A.102{b}; or (d) the date that the Liquidator has transferred any policies pursuant to TFx 11;8. CODE §21 A, t 5d(h}. !n this event, such policies wiU Continue in farce with respect tc, thr coverage provided by the insurer to which the policies are transferred. '~'. STAY QlF PR4CEEAINGS S. i An automatic stay remauzs in effect with respect to actions against 1efendants or their property as provided by T6;i. [NS. CODE X21 A.008(c}. In accordance with TLX. Iri'S. COME 521 A.00~(t), such stay of actions against Defendants is in effect 'for the diRatinn of this proceeding, and the stay ofaetions a~,linst their property is in effect for as long as the property hi;lon~s to rho receivership estate. ~.? .~1n auturnutic :;toy remains in effect with respect a~ actions against a person insured by Defendants as provided by Tex. 1NS. COOS ~21A,008(d). Such stay is in effect far 90 http://wtivw.ppciga.org/vestaorder.html 11/14/2006 Page 10 of 11 ~atcr days all.cr the entry nl' the ,ggrcer~ Order AJ~~apint~rrg R+habilitatvr rind Pcr•mtrne~nt Tnjccnc~tiun, unless extended by this Court. 5.3 Tyre stays in effect pursuant to Tix. I'rs. CODE yti'21A.003 shall he applicable to any actian~; described therein commenced either hefcjre or after the entry of this order. ti:r. c~T~.~~ ~Rn>r~s 6.1 ~Jesta lnsurtrnce Corporation shall remain subject to the Agreed Order Appainzing ~iehr~brlitat4r rrr7d Perrnanerzt .Injunc~tiun, and. such prd~r will Wn#ibue in full ftrrce and of°°fe<.t with respect to 'Vesta lri.surance Carpt>ratian. The Cotnmissigner will continue to act as RGhal.~ilitator of Veste Insurance Corporation. 6.2 This C7rdczr Apl~prntlrzg Lirluidcztor c~nd Permrznerrz Injunction sha(1 issue and become ct'tertve immediately, atld shall continue in full farce and effect until the entry of an order by this COUr# tetTtlinatln~ this prOCC~dltlg t1t1dCT TEX. 1NS. Cf1Clf ~Zl A.352. 6.3 I'ur<,;uaat to TAX. 1`N5. Cnl7E ~21 A,OSS(b}, Phis Order rtppolnting Ligtirdator arzd 1'ermartent Irtjtirictfan constitutes a final judt;rnent, provided that -this Court shall retain jurisdiction to issue fiarthcr orders pursuant to TC.~. Ins. Co~~ Atv~. Chapter? IA. 6.~ The tc-~r-ms of this C7rcler Appointing %,igt.rldator and Permeznerrt In~rrnctton shall not be cr,~nsttzred to infrine~a upon tyre authority of any state insurance re~ulatar in connection w~rth any of pefendants` aftiliate~ that are domiciled in other stags. f.~ Pursuant to Tex. fN5, COpE ~21A.007(e), the Licluidaror Wray provide notice csf any apt~licatioa in the time periods prescribed in Rule Zl(a) of the 'Texas Rules of Civil Procedure if he determines that un expedited hearing is necessary. In accordance with http://www.ppciga.org/vestaorder.html 11/14/2006 Page 11 of 11 'CtJx, Lis. CQDf. ~'? 1 a,007(d}, the LiduidaCor tttay proviric notice of any application by first class mail, electronic mail, or facsimile tranarrtission, at his discretion. 5.b The State of TcxaS and the ~~.ttarney Gcneral of Texas shall havC a claim for rcasonabiG attorneys` fees and court casts pursuant to Tix. Ctv. Ptv~c. & REM. Ct~DL Av:~. 4 a 64.C1S 1 ttnd 66,x03 and Tcx. Co4``r C0~>r ~ 4p2.Q(16, artd the amount and psyment cif such claim are subject to the provisions of T~~, IBS. CoI~E A;~tN. Chapter 21.4. 6. ; tlnyonc over the aSe of ! 8 Whom is not a party to nor interested in the outcome of this suit may serve all citrttions, writs and nUtices in this csusc. SIGNED at Austin, Travis C:r~unty, Texas, on this the ~~r~ day cif _..._~__..._ '~ ~~ , z00b, at _.. j G o'clock ~.m. ~UCiM!77ED ~!0 HEARING R1:Qt71R~D. f~r_C(7MM~Np~C~~ -` ~IGNEC) t7NCJAY t)~ --r%y.:J.. ~~1200, 7QM C~LLIN~, ~CEC~lV~:'~NIp SP~CIAf. AAABTER [~ fl i 1 ,~'~ ~ ,~ ,~ Q1~TRICT .(U17 E PRESID~ _____._ http://www.ppciga.org/vestaorder.html 11 /14/2006 f.~3 ! ~s C... ~ ~ ~ . ,._ ~ 1 ^ ,' ~ ~ ^~ , ~ -= -r, `~ _,. `=7 :~ - n) ~7 ,-~3 -~ Marshall Dennehey Warner Coleman &Goggin By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16235-00110 Attorney for Defendant CINZIA LIO and MARIA LUISA LIO Plaintiffs vs. RONALD F. LANG Defendant vs. CINZIA LIO Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2011 CIVIL TEAM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman &Goggin, do hereby certify that on January 9, 2007, I served a copy of Defendant's Amended Answer with New Matter re: PIGA Offset via First Class United States mail, postage prepaid as follows: Scott B. Cooper, Esquire Schmidt & Kramer, PC Gregory E. Cassimatis, Esquire 209 State Street 4999 Louise Drive, Suite 103 Harrisburg, PA 17101 Mechanicsburg, PA 17055 Attorney or Plaintiff Atton~'r Additional Defendant r"~ r° Christopher M. Reeser C? _ ~ Q r -- ~ --~ -r~ _ ~ ~ . ~ `-~ o _ - ~• ~_? _ - ,. - ` .. _~ : ~ -~ ,. ...... '. t, J ~ ' ,. J ....J l T. 1 ~~ ~'~~ ~~J ~' ~y g Marshall Dennehey Warner Coleman & Goggin By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16235-00110 Attorney for Defendant CINZIA LIO and MARIA LUISA LIO Plaintiffs vs. RONALD F. LANG Defendant . vs. CINZIA LIO Additional Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2011 CIVIL TEAM CIVIL ACTION -LAW STIPULATION The parties do hereby stipulate and agree that Defendant's Answer with New Matter is hereby amended consistent with the document attached hereto. Plaintiffs shall have 20 days to reply to Defendant's Amended New Matter. SCHMIDT KRAMER, PC By: Scott B. Cooper, Esquire Attorney for Plaintiffs 209 State Street Harrisburg, PA 17101 MARSHALL DENNEHEY WARNE EMAN & GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant Lang I.D. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Gre E. Cassimatis, Esquire ~ c--~ a c ~, = - c... ~ ; r; r ~~ rc~ t-. ,,;,.. ~.-rs `-ra `~ ~ 7 ~; ~ .~- ...~ a SCHMIDT KRAMER PC By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scoopen'a~schmidtkramer.com Attorney for Plaintiff CINZIA LIO and MARIA LUISA IN THE COURT OF COMMON PLEAS OF LIO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. RONALD F. LANG No. 03-2011 CIVIL TEAM Defendant CIVIL ACTION -LAW v. . CINZIA LIO . Additional Defendant PLAINTIFF'S REPLY TO AMENDED ANSWER AND NEW MATTER OF DEFENDANT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted upon information and belief of representations of Defendant's new attorney, Christopher Reeser, Esquire as well as by Exhibit "A" attached to Defendant's Amended Answer and New Matter. 5. Admitted upon information and belief of representations of Defendant's new attorney, Christopher Reeser, Esquire as well as by Exhibit "A" attached to Defendant's Amended Answer and New Matter. 6. Paragraph 6 is a conclusion of law to which no response is required. By way of further answer, to the extent that a responsive I pleading maybe deemed required, the Plaintiff s are required to exhaust the rights as applicable under the Pennsylvania Property and Casualty Insurance Guarantee Association Act. Accordingly, the Plaintiff's have notified their insurance carrier, Cincinnati Insurance, of an uninsured motorist claim and have been pursuing underinsured motorist claims. (See Plaintiff s notice to Cincinnati, Declaration Sheet and confirmation that the claims have been opened attached as Exhibits A, B 8a C respectively.) 7. Paragraph 7 is a conclusion of law to which no response is required. By way of further answer, to the extent that a responsive pleading maybe deemed required, the Plaintiff's are required to exhaust the rights as applicable under the Pennsylvania Property and Casualty Insurance Guarantee Association Act. Accordingly, the Plaintiff's have notified their. insurance carrier, Cincinnati Insurance, of an uninsured motorist claim and have been pursui~lg underinsured motorist claims. (See Plaintiff's notice to Cincinnati, Declaration Sheet and confirmation that the claims have been opened attached as Exhibits A, B & C respectively.) 8. Paragraph 8 is a conclusion of law to which no response is required. By way of further answer, to the extent that a responsive pleading maybe deemed required, the Plaintiffs are required to exhaust the rights as applicable under the Pennsylvania Property and Casualty Insurance Guarantee Association Act. Accordingly, the Plaintiffs have notified their insurance carrier, Cincinnati Insurance, of an uninsured motorist claim and have been pursuing underinsured motorist claims. 2 (See Plaintiff's notice to Cincinnati, Declaration Sheet and confirmation that the claims have been opened attached as Exhibits A, B & C respectively.) WHEREFORE, Plaintiffs demand judgment in their favor for all benefits in excess of those not subject to any offset in accordance with the allegations in their Complaint which is set forth as full. Respectfully submitted, SCHMIDT KRAMER PC a ~7 DATE: BY: Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooperna,schmidtkramer. com Attorney for Plaintiffs 3 August 28, 2006 Ms. Kimberley A. Kramer Cincinatti Insurance Company P.O. BOX 280 Cornwall, PA 17016 Re: Our Client: Policy No.; Date of Loss: Dear Ms. Kramer: Maria Lio RFA4?46411 5/15/2001 ~~~ I ~, J ~~ As you know this third party case has been in suit for quite sometime enclosed is a letter I received from the Pennsylvania Property and Casualty Insurance Guaranty Association notifying me that the third party insurance carrier is now in liquidation. Also enclosed is a copy of the declaration sheet which was in effect at the time of the accident. Therefore, an uninsured motorist claim needs to be opened and pursued as a result of this incident. I would ask for the case to be assigned to an adjuster and for someone to contact me shortly. If you have any questions or need any additional documentation please let me know. Very truly yours, SCHMIDT KRAMER PC Scott B. Cooper Attorney at Law SBC/jet Enclosure cc: Andrew W. Norfleet, Esquire Gregory E. Cassimatis, Esquire Maria Lio Cinzia Lio Maria DeSanto ~. ,~ ~C 1' ~~~~ ~~~~ CIN NNATi INSURANCE COlV~,P.~-NIES POLICY NUMBER THZ C;LNCIl~'NATT 7''3SL•*RANCE COMPAx.t HOMEOWNER AL7'T© HRA 8806695 POLICY ~.ERIOD QIIARTERLY -AC 10/16/00 TO 10/16/01 RENEWAL CERTIFICATE 12: 1 AM Standard Time At The A dress of the Named Insured PAYOR - INSURED INSTALLMENTS 10/16/00 $904. 01/1 /O1 NAMED INSURED AND DRESS Antonio & Rosina Lio 3 8 71 Mark .Ave Harrisburg PA 17 10 INSURANCE IS PROVIDED COVERAG:BS Al Bodily Injury Liabili~_y Propert:~ Damage Liabili~_y Added First Party Medical Expense Work Lo:~s Benefit C1 Uninsured Motorists (Non St~~cked) Underin:~ured Motorists (Non St~icked) D Damage "o Your Auto Other Tian Collision $ 100 Deductible 207. 22. 44. 271. Collision $ 500 Deductible 403. 130. 647. Transportation Expense $20 Per Day/$600 Max. Incl Incl Incl Incl Passive Restraint Cred t-Both F ront{2) Incl Incl Incl Subtotal 1048, 333. 468. 1764. TOTAL PREMIUM $3,613. AMENDATORY ENDORSEMENTS: CPA1339( 07/97} AP441PA (07/97) *AP445PA(07/ 98) *AP440PA(07/00) *CPA1347 03/00) *CPA1372(11/99} *CPA1349(03/00) *CPA1373(11./99) *AP405 IO/94) CPA1094(07/97} *IP408PA{10/95) *IP412 (1~;i92) *IP436PA 07/97) *AP438PA(11/99} *AP439PA(11/99) HOA3000(10/97} ~~ <</.j~ ~/OS!S $903 . 04/16/01 '~'9U3-: - 07/16/01 "$~$3--: AGENCY 37-035 PROD 000 Enders Insurance Associates 4775 Linglestown Road P 0 Box 6118 Harrisburg, PA 17112-0118 PHONE: (717) 652-4902 .RE A PREMIUM OR 'INCL' IS SHOWN FOR THE COVERAGE PREMIUMS LIMITS OF LIABILITY CAR 01 02 03 04 $ 100,000 Each Person $ 300,000 Each Accident 204. 123. 123. 434. $ 25,000 Each Accident 108. 64. 64. 234. $ 10,000 48. 41. 29. 100. $ 1,000 Per Month $ 15,000 Total 12. 17. 12. 12. $ 100,000 Each Person $ 300,000 Each Accident 16. 16. 16. 16. $ 100,000 Each Ferson $ 300,000 Each Accident 50. 50. 50. 50. Ac tual Cash Value Less: TER 01 077 02 077 03 077 04 077 DESC; YEAF: 1997 198? 1996 199? RIPTION OF YO MAKE/BODY ST Mazda 626 LX Dodge Dakota Chev Lumina Dodge Neon COVERED AUTO TYP CLASS SYMBOL/ E VEHICLE ID NUMBER VEH CODE RT BASIS lYVGE22DXV5595343 PP 818121 17 1B7GN14M9HS352691 PU 803120 7 2G1WL52M6T9113615 PP 803120 5 3B3E547C1VT529671 PP 898221 11 0 ~`~ D S G-- AGENT`S COPY i 050 { I /96 ) . ..I ~~ .... . V V • V•~ ~._. •~ Ls '~ i ~ ~ v ~ i V V V V R A ! 1 I J Z V 1 L J L r' L ~~ r"~: C ~~~L4rTA'I'YsI7v:3tTF;~~ ~o~NIRTERLY -AC POLICY a1L1MBER HRA 8805695 AUTOMOBILE PAYOR - INSURED CHANGE EFFECTIVE POLICY EXPLRA.TION 01-20-01 10-16-01 ISSUED 'TO Antonio & Rasina Lio ADDITIONAL REVISED INSTALLMENT PREMItJNIS DUE NOW $135 04-16-01 $1,045 07-16-01 $1,045 ~~~~~~ Ir_ a.s a~3reed the polic is amended as follows: Add 200;1 GMC Sierra 4X PU. ,}~,il j ~; j ~'j s G- Vehicle;~ (A)Added or ( )Deleted TYP SYMBOL/ Car VEH RT BASIS (A) 05 2001 GMC Sier'a PU 1GTEK14V51E108209 PU 12 Applica]~le coverage anc~ limits indicated by 'Incl' COVERAGl3S LIMITS OF LIABILITY CAR 03 04 05 Al Bodi:Ly Injury $ 100,000 Each Person Liab:Llity S 300,000 Each Accident Incl Incl Incl Props=_rty Damage Liab:Llity $ 25,000 Each Accident Incl Incl Incl Added First Party ' Medical Expense $ 10,000 Incl Intl Incl Work Loss Benefit $ 1,000 Per Month $ 15,000 Total Incl Incl Intl C1 Unin:~ured Motorists $ 100,000 Each Person (Non Stacked) $ 300,000 Each Accident Incl Incl Incl Underinsured Matori is $ 100,000 Each Person {Non Stacked) $ 300,000 Each Accident Incl Incl Incl D Damage To Your Auto Actual Cash Value Less; Other Than Collisio $ 100 Deductible Incl Incl Incl Coll:_sian $ 500 Deductible Incl Incl Incl Tran:aportatian Expe se $20 Per Day/$600 Max. Incl Intl Incl Pass:_ve Restraint C •edit-Both Front (2) Incl Incl Incl AntiI~ack Brake Cred t Incl AMENDATORY ENDORSEMENT CPA1339(07/97) AP441PA(0 7/97} AP44 5PA(07/98) AP440PA(07/00) CPA1 47(03/00) CPA1372(11/99) CPA134 9(03/0 0) CPA137=1(11/99) AP40 (1Oj94) CPA1094(07/97) IP408P A(10/9 5) TP412 (12/92) IP43 PA(07j97) AP438PA{11/99} AP439PA(11/9 9) HOA30001 (10/97) PAGE 1 AGENT`S COPY #O1 ~~ l0>0 (1 /96) ~~ ~ rI-F THE ~..~~ CINCINNATI CINCINNATI INSURANCE COMPANIES [45tiRANCE C(~~PANIES THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDE:~INIIY COMPANY THE CINCINNATI CASUALTY COMPANY THE CINCINNATI LIFE INSURANCE COMPANY v/ P.O. BOX 266 BELLEFONTE, PA 16823 ® Phone: 814-353-3392 Fax: 814-355-4467 Date: November 13, 2006 SK Law Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 RE: CLAIlVI NO.: INSURED: D/L: YOUR CLIENT; Dear Mr. Scott: 564789 Antonio & Rosina Lio OS/ 15/2001 Maria Lio This will confirm out telephone conversation of October 11, 2006 in which I advised you that I have taken over the handling of this file. We re-opened our file after you put us on notice that you were making an uninsured motorist claim because the other carrier, Shelby Casualty, has been declared insolvent. At the time of my call I requested that you forward a copy of the complaint and any other pleadings that have been filed on this matter. I will also need a copy of you demand package with the supporting documentation. Please forward this information for my review. Yours truly The Cincinnati Insurance Companies <~~~~2/ Gerald Toldi, CPCU Claims Representative ~p ~~~ - ~. ,,. ATTORNEY VEKIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiffs, Cinzia Lio and Maria Lio. I verify that the facts contained in the foregoing Plaintiff s Reply to Amended Answer and New Matter of Defendant are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. X4904 relating to unsworn falsifications to authorities. Date: ~ ~ ~~ `~~~ Scott B. Cooper w CERTIFICATE OF SERVICE AND NOW, this 30~ day of January 2007, I hereby certify that I have, this day, caused a copy of the foregoing Plaintiff's Replp to Amended Answer and New Matter of Defendant to be served by deposit in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: First Class Mail: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman 8v Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SCHMIDT KR.AMER PC By: Scott B. Cooper, Esquire I.D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper~a srklaw.com Attorney for Plaintiffs `-~ .-1 S ,1 -"' ~. ~~}try s ...% - t ,,._. iii ~ :. - :. -~~i t ~ --~ ~ ~ ~ -~~+-t _ -t !Y C~ ~ G N r I L SCHMIDT KRAMER PC BY: Scott B. Cooper, Esquire I.D. # 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Attorneys for Plaintiffs scooper~a,schmidtkramer. com CINZIO LIO and 11dARIA LUISA LIO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 03-2011 RONALD F. LANG, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED ~RAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully submitted, SCHMIDT KRAMER, P.C. By: Scott B. Cooper, Esq. I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 ~ (717) 232-6467 Fax ' scooper@schmidtkramer.com Date: ~-/ 3 -v~ Attorney for Plaintiffs ~. CERTIFICATE OF SERVICE AND NOW, this I7`h day of April 2007, I, Gregory E. Cassimatis, Esquire, Attorney for Additional Defendant, Cinzia Lio hereby certify that I served a copy of the within Praecipe to Settle, Discontinue and End on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Scott B. Cooper, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 By: Gregory .Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 ~ `~::' Q ~ a ~ ~ ~ ~~ ~ . . h ~ ~ --y ^r.:r ~ ~ , ~ . y [ i ' ' L`~ ? ma [ Y t ~ ' C1 . -~ f j ~