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HomeMy WebLinkAbout07-1511IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Courtney E. Metz, CIVIL ACTION Plaintiff, VS NO. Michael L. Mentzer, RDSanncL ?-k,r4„Qk Defendant LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service (800) 692-7375 (PA only) or (717) 238-6715 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad a otros derechos importantes pars used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Bar Association Lawyer Referral Service (800) 692-7375 (PA only) or (717) 238-6715 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Courtney E. Metz, Plaintiff, CIVIL ACTION VS Michael L. Mentzer, Rosanna M. Sofranek NO. l Defendants LAW COMPLAINT 1. Plaintiff Courtney E. Metz, a citizen of the Commonwealth of Pennsylvania, is now an adult individual who resides at 1375 Baltimore Road, Shippensburg, PA 17257. 2. Defendants Michael L. Mentzer and Rosanna M. Sofranek are adult individuals and citizens of the Commonwealth of Pennsylvania whose last known residence was 1233 Baltimore Road, Shippensburg, PA 17257. 3. The facts and occurrences hereinafter related took place on or about March 24, 1998 at approximately 3:30 P.M. on Baltimore Road, Cumberland County, PA. 4. At that time and place, Plaintiff Metz was a passenger in a motor vehicle, a 1992 Chevrolet passenger van, being driven in a southerly direction on Baltimore Road. The van was providing transportation for school children, one of whom was the Plaintiff. 5. At that time and place, Plaintiff Metz was a minor, having a date of birth of May 7, 1987, and having reached the age of majority on May 7, 2005. 6. At the time and place identified in Paragraph 3 above, Plaintiff Metz was traveling within the correct lane of travel for south bound traffic on Baltimore Road, Cumberland County, Pennsylvania. 7. At that time and place, Defendant Mentzer was operating a 1989 Chevrolet pickup truck in a northerly direction on Baltimore Road and was traveling in the lane of travel for north bound traffic on Baltimore Road. The 1989 truck was owned by Defendant Sofranek and registered with the Pennsylvania Department of Tranportation. 8. At that time and place, Defendant Metzer left his lane of travel, entered Plaintiffs' lane of travel and struck the vehicle in which the Plaintiff was a passenger. The front portion of Defendant Mentzer's vehicle violently collided with the front portion of the vehicle in which the Plaintiff was a passenger. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Metz are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Mentzer operated the motor vehicle he was operating as follows: (a) failure to have the vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to stay within his lane of travel; (d) failure to apply his brakes in sufficient time to avoid striking the front of Plaintiff's vehicle; (e) failure to travel at a safe speed; (f) failure to yield the right-of-way to Plaintiff's vehicle; (g) failure to keep a proper watch for traffic on the highway; (h) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (i) failure to keep proper and adequate control over his vehicle; and (j) otherwise driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of Section (§) 3714 of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Plaintiff v. Defendant Mentzer 10. Paragraphs 1 through 9 of the Complaint are incorporated herein by reference. 11. Plaintiff Metz sustained painful and severe injuries, which include but are not limited to contusions and abrasions of the facial area and lower extremities, a long cut that ran rom her left eye to her mouth which has resulted in permanent scarring and disfigurement of Plaintiffs left cheek area, and other injuries incurred. 12. By reason of the aforesaid injuries sustained by Plaintiff Metz, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 13. Because of the nature of her injuries, Plaintiff Metz has been advised by a licensed plastic surgeon and, therefore, avers that she is unable to have the scarring remedied by any medical procedure, and claim is made therefore regarding the permanency of the injury. 14. As a result of the aforementioned injuries, Plaintiff Metz has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 15. As a result of the aforesaid injuries, Plaintiff Metz has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefore. 16. Plaintiff Metz continues to be plagued by emotional pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 17. As a result of the aforesaid accident, Plaintiff Metz has sustained scars, which will result in a permanent disfigurement, and claim is made therefore. WHEREFORE, Plaintiff Metz demands judgment against Defendant Mentzer in an amount in excess of fifty thousand ($50,000) dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM Il Plaintiff v. Defendant Sofranek 18. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 19. Defendants Mentzer and Sofranek co-habited during the time and place identified in Paragraph 3 above. 20. At that date and time, Defendant Sofranek knowingly allowed Defendant Mentzer to utilize the 1989 truck owned by Defendant Sofranek despite having knowledge that Defendant Mentzer had previously driven vehicles in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others. 21. As a result of Defendant Sofranek's negligent entrustment of the 1989 truck to Defendant Mentzer, Plaintiff Metz suffered injuries and damages set forth in this Complaint. WHEREFORE, Plaintiff Metz demands judgment against Defendant Sofranek in an amount in excess of fifty thousand ($50,000) dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, r ?is Sheffield, 230 LWE, Suite B P.O. Box 430 Chambersburg, PA 17201 (717) 262-0025 phone (717) 262-0079 fax VERIFICATION The undersigned hereby verifies that he/she is the named Plaintiff in the foregoing action, that the facts set forth in Plaintiff's Complaint are true and correct to the best of his/her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. -®:F Date PlaintitKI x v7 b D C"? !T t?r ra 7DP 9 F r1l rfl' p!. Ell) 1@ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY E. METZ, Plaintiff V. MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants : NO. 07-1511 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P.1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, Michael L. Mentzer and Rosanna M. Sofranek, in the above-captioned matter and mark the docket accordingly. Date: March ? () , 2007 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS r + f. BY: MIC wAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Michael F. Mentzer and Rosanna M. Sofranek IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY E. METZ, NO. 07-1511 Plaintiff V. CIVIL ACTION - LAW MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants CERTIFICATE OF SERVICE AND NOW, this day of March, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Chris Sheffield, Esquire Sheffield Law Firm, LLC 230 Lincoln Way East, Suite B P.O. Box 430 Chambersburg, PA 17201 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS i By: MICHAEL B. SCHEIB, ES00IRLY Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (727) 757-7602 Attorney for Defendants, Michael L. Mentzer and Rosanna M. Sofranek CAD .-4 M Q .? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY E. METZ, Plaintiff NO. 07-1511 V. MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD To: Courtney E. Metz, Plaintiff Chris Sheffield, Esquire Sheffield Law Firm 230 Lincoln Way East, Suite B P.O. Box 430 Chambersburg, PA 17201 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. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: April L, 2007 By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Michael L. Mentzer and Rosanna M. Sofranek IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY E. METZ, Plaintiff V. MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants NO. 07-1511 CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MATTER The Defendants, Michael L. Mentzer and Rosanna M. Sofranek, by their attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins responds to the allegations in Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 6. Admitted. 7. Admitted. 8. Admitted in part denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 9. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. CLAIM I PLAINTIFF V. DEFENDANT, MENTZER 10. Paragraphs 1 through 9 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 11. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 12. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 13. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the 2 allegations set forth in paragraph 13 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Mentzer respectfully requests this Honorable Court to enter judgment in his favor together with the costs of the lawsuit. CLAIM II PLAINTIFF V. DEFENDANT, SOFRANEK 18. Paragraphs 1 through 17 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 19. Admitted. 20. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 20 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 21. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Sofranek respectfully requests this Honorable Court to enter judgment in her favor together with the costs of this lawsuit. NEW MATTER 22. Paragraphs 1 through 21 of Defendants' New Matter are incorporated herein as thought fully set forth at length. 23. Plaintiff's injuries, if any were caused by the accident action admission of the third party of whom Defendants' had no control. 4 24. Plaintiff's injuries, if any were caused by events which pre-dated or post-dated the motor vehicle accident which is subject to this lawsuit. 25. This claim may be barred or limited by the motor vehicle financial responsibility. 26. Plaintiff Metz has not been seen by a plastic surgeon for any treatment related to this accident from September 1, 2000, until the filing of this lawsuit. WHEREFORE, Defendants respectfully requests this Honorable Court enter judgment in their favor together with the costs of this lawsuit. Date: April, 2007 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MIC B. S IB, ESQ Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Michael L. Mentzer and Rosanna M. Sofranek 5 VERIFICATION I, Michael L. Mentzer, individually, verify that I am the Defendant in the foregoing action and that the Defendants' Answer with New Matter is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and is not mine. I have read the Answer with New Matter, and to the extent that it is based upon information which I have given to my counsel, is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Date: Michael L. Mentzer VERIFICATION I, Rosanna M. Mentzer, individually, verify that I am the Defendant in the foregoing action and that the Defendants' Answer with New Matter is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and is not mine. I have read the Answer with New Matter, and to the extent that it is based upon information which I have given to my counsel, is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Date: 20-07 Rosanna M.'Sofr ek) Mentzer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY E. METZ, NO. 07-1511 Plaintiff v. CIVIL ACTION - LAW MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants CERTIFICATE OF SERVICE AND NOW, this f-h day of April, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendants' Answer with New Matter to Plaintiff by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Chris Sheffield, Esquire Sheffield Law Firm, LLC 230 Lincoln Way East, Suite B P.O. Box 430 Chambersburg, PA 17201 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: u /K-Gt,?X i ` MICHAEL B. SCHEIB; ESQt Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Michael L. Mentzer and Rosanna M. Sofranek 4 Ctl tV IN THE COURT OF COMMON PLEAS OF THE 9'$ JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH COURTNEY E. METZ, VS Plaintiff, MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants CIVIL ACTION - LAW NO. 07-1511 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, by and through counsel Chris Sheffield, Esq., sets for the following Reply: 22. Paragraphs 1 through 21 of the Complaint are incorporated herein as if fully set forth. 23. Denied. Plaintiff is without understanding as to the meaning contained in Defendants averment. To the extent the averment purports to deny Defendants' liability, averments in Paragraphs 1 though 22 of the Complaint are incorporated herein as if fully set forth. 24. Denied. Plaintiff's injuries were caused as a result of Defendant's tortious conduct. 25. Denied. Plaintiff's claim is not barred by the motor vehicle financial responsibility law. 26. Admitted in part and denied in part. Admitted that Plaintiff has not seen a plastic surgeon since September of 2000. Denied that Plaintiff doesn't want to have corrective procedures but rather that Plaintiff was told that the trauma caused a pigmentation difference in her skin which was not correctable at this time. Respectfully submitted, Date Chris Sheffield, Esq. Attorney for Defendants ID No. 82548 230 LWE, Suite B P.O. Box 430 Chambersburg, PA 17201 (717) 262-0025 phone (717) 262-0079 fax VERIFICATION I, Chris Sheffield, Esq., verify that the statements made in the within document are true and correct to the best of my knowledge based upon information obtained from the Plaintiff who is unavailable to verify this document due to being out of the jurisdiction during the time required to file this document. 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. S'l-°? Date K??"W ?r?-C2? Chris Sheffield, Esq. CERTIFICATE OF SERVICE I, Chris Sheffield, Esq., hereby certify that I caused the foregoing document to be served upon Michael Scheib, 110 S. Northern Way, York, Pennsylvania 17402 via the U.S. Postal Service First Class Mail. Date Chris Sheffield, sq. r?a ? b 11 -r, e .w .r 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01511 P .y `COMMONWEALTH OF PENNSYLVANIA:. COUNTY OF CUMBERLAND METZ COURTNEY E VS MENTZER MICHAEL L ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MWNT777P MTl'WAFT. T. the DEFENDANT , at 1045:00 HOURS, on the 21st day of March at 1233 BALTIMORE ROAD SHIPPENSBURG, PA 17257 MICHAEL MENTZER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.24 Postage .39 Surcharge 10.00 .00 46.63 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/21/2007 SHEFFIELD LAW FI By: Deput Sheriff A. D. . 2007 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METZ COURTNEY E VS MENTZER MICHAEL L ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PnFRANFK RngANNA M the DEFENDANT , at 1045:00 HOURS, on the 21st day of March , 2007 at 1233 BALTIMORE ROAD SHIPPENSBURG, PA 17257 ROSANNA M SOFRANEK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 3)3af 1 [?, ?? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/21/2007 SHEFFIELD LAW FIRM By. Deputy Sheriff A. D. C T:4 r PRAECIPE FOR LISTING CASE FOR TRIA(" v-6 ?. 12 (Must be typewritten and submitted in triplicg? TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the fo owing case: X- for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ® Civil Action - Law ? Appeal from arbitration ?_ COURTNEY E. METZ, (other) (Plaintiff) vs. MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, The trial list will be called on June 1, 2010 and Trials commence on June 21, 2010 (Defendant) Pretrials will be held on June 9. 2010 vs. (Briefs are due S days before pretrials No. 07-1511 Term Indicate the attorney who will try case for the party who files this praecipe: Michael B. Scheib, Esquire, 110 South Northern Way, York, PA 17402 Indicate trial counsel for other parties if known: Chris Sheffield, Esquire, 230 Lincoln Way East, te.., Cha bersbu g, PA 17201 This case is ready for trial. Signed: Print Name: Michael B. Scheib, Esquire Date: May 5, 2010 Attorney for: Defendants $aSOO PO ATN co %3c8 e# ay l 1,79 COURTNEY E. METZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, DEFENDANTS 07-1511 CIVIL ORDER OF COURT AND NOW this 15th day of June, 2010, it appearing that this case has now been assigned to Judge Ebert for jury trial starting the week of June 21, 2010, IT IS HEREBY ORDERED AND DIRECTED that Counsel shall file with the Court by the close of business on Friday, June 18, 2010, the following: 1. A list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 2. The parties will provide a proposed verdict slip to the Court for review. By the , For M. L. Ebert, Jr., J. /Chris Sheffield, Esquire Attorney for Plaintiff FAX: 262-0079 ~chael B. Scheib, Esquire Attorney for Defendants FAX: 757-3783 /n~ 10 ~ s ~~ v ~~ c ~_ ~~- ,_ , ;., N ~.~ c,, -n r:~ c.: c.:. ~; .-~ T ~~ =; 1~ COURTNEY E. METZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL L. MENTZER and DEFENDANT 07-1511 CIVIL JURY VERDICT FORM State the amount of damages sustained by Plaintiff, Courtney E. Metz, as a result of the motor vehicle accident. 5, ao~ ~ ati Jury Foreperson IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH COURTNEY E. METZ, CIVIL ACTION - LAW Plaintiff, VS MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants To the Prothonorary: NO. 07-1511 PRAECIPE TO DISCONTINUE !cz m M M -v r > - ; a zQ ?• Z 'c, C3 -< V Please mark the above captioned matter completed and discontinue the matter on behalf of the Plaintiff. Respectfully submitted, ll? v Date Chris Sheffield, Esq. Attorney for Defendants ID No. 82548 230 LWE, Suite B P.O. Box 430 Chambersburg, PA 17201 (717) 262-0025 phone (717) 262-0079 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY E. METZ, Plaintiff N0.07-1511 v. MICHAEL L. MENTZER and ROSANNA M. SOFRANEK, Defendants CIVIL ACTION -LAW PRAECIPE I, Michael B. Scheib, Esquire, counsel for Defendants, have provided Plaintiff's counsel with a check to satisfy in full the jury's verdict. Date: October / .~3 , 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. S HEIB, ESQ RE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(a~gslsc.com Attorney for Defendants, Michael L. Mentzer and Rosanna M. Sofranek - p ~ ~ ~ -- fi r r ~~ ° ~ ~ ~ -ic~ _ _/ -..- :~ ~ -.r ~rn ~a