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HomeMy WebLinkAbout01-04823.,. #s JOELLEN BAZDAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FAYE E. TEWNER, Defendant 01-4823 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of February, 2004, before Edgar B. Bayley, Judge, present for the plaintiff was Alan H. Sklarsky, Esquire, and for the defendant, John R. Ninosky, Esquire. This is an automobile accident occurring on November 14, 1997, when Defendant rear-ended Plaintiff, negligence is admitted. Plaintiff suffered soft tissue injuries for which general damages are sought. Estimated time of trial, 2 days. Mr. Sklarsky has a case scheduled for trial in New Jersey the week before our civil term. It is possible that that case will continue during the entire week of our civil term. Our case should be left on the list with the understanding that if we are notified by Mr. Sklarsky that his other case is not resolved and that he must be in trial the week of our civil term, the case will then be continued to be relisted be either counsel for the next term. If the case is being tried on Tuesday, March 16, 2004, Mr. Ninosky has a matter for which this judge agrees he should attend and, on that day only, the trial will end at 3:00 p.m. By the Court, Edgar e , wn 0 I :~ ~~ '®£ ?1~~ hODZ a~ci~'lt~IdQHlC~tid ~N! ~0 ~ul~.(C?`G~ tl9 -; -..> ~_ i=7 - -- ~s ` ; c ~~ -? ~ c ~., ~ . ~ , ~~ ~ _ `t - _ ; Alan H. Sklarsky, Esquire 1617 JFK Boulevard, STE 800 Philadelphia, PA 19103 For the Plaintiff John R. Ninosky, Esquire 320 Market Street Harrisburg, PA 17108-1268 For the Defendant pcb ,vim ~~ WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE ALAN SKLARSKY, ESQUIRE 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 JOELLEN BAZDAR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.O1-4823 FAYE E. TEWNER CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM I. STATEMENT OF FACTS AS TO LIABILITY: FEO 2 0 2004 s-~ This is a negligence action arising out of a motor vehicle accident which occurred on Friday, November 14, 1997 at approximately 3:15 pm on Route 15 North at W. Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. At the time of the accident, the plaintiff, Jo Ellen Bazdaz, 18 years old, was seated in the right front passenger seat of an Acura motor vehicle, which was owned and operated by her father, Robert Bazdar. The Bazdaz vehicle was stopped for the red light in a line of traffic when it was smashed from the rear by the defendant. Fay Tewner's vehicle. The severe force of the impact caused a four car chain-reaction collision. 'The Bazdar vehicle smashed into the rear of a Jeep vehicle directly in front, causing the Jeep motor vehicle to strike the rear of the caz in front, a Subaru motor vehicle. The Bazdaz vehicle was totaled in the collision. II. STATEMENT OF FACTS AS TO DAMAGES: JoEllen Bazdar was treated by emergency medical technicians at the scene of the accident and taken by ambulance to Holy Spirit Hospital emergency room where she was treated for headaches, neck pain and released with a cervical collar. She came under the care of Dr. William DeMuth, an orthopedic surgeon, for ongoing pain in the neck and shoulders. Dr. DeMuth diagnosed cervical muscle strain secondary to the motor vehicle accident and prescribed four weeks of physical therapy, three times a week, at HealthSouth Rehabilitation. She saw Dr. DeMuth on January 8, 1998 with continuing neck pain and spasms; he renewed the physical therapy program for an additional four weeks at three times a week. When she returned to Dr. DeMuth on February 13, 1998 he renewed her physical therapy prescription and added an aquatic program for six weeks. She continued physical therapy until she was admitted to Holy Spirit Hospital for unrelated asthma treatment in April, 1998. She received intensive physical therapy treatment at HealthSouth Rehabilitation from December 8, 1997 to March 3, 1998 and Apri12, 1998 through Apri19, 1998. When she saw Dr. DeMuth in May, 1998 she was having symptoms in the right arm including numbness into the right hand. A cervical MRI revealed annular bulging at C3-4 through C6-7. She reinitiated physical therapy at Joyner Physical Therapy on August 13, 1998 through December 3, 1998. She revisited Dr. DeMuth on January 5, 1999 and was prescribed additional muscle refers. Ms. Bazdar'sposr-traumatic neck and shoulder pain continued and she was referred by Dr. DeMuth to a physical medicine and rehabilitation specialist, Si Van Do., M.D. in April, 1999. Dr. Do diagnosed post-traumatic myofascial neck and shoulder pain secondary to the motor vehicle accident. From April 1, 1999 through May 27, 1999 she underwent yet another course of intensive physical therapy at HealthSouth focused on cervicothoracic and dynamic stabilization exercises. Due to ongoing post-traumatic neck and right shoulder pain she returned to Dr. DeMuth on June 15, 2001 and was prescribed additional muscle refers and anti-inflammatory medications. At present, she still suffers from residual neck pain. III. STATEMENT OF ISSUES OF LYABILITY: No issue exists as to defendant's liability. IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY The admissibility of prior or subsequent accidents based on relevance. In addition, plaintiff reserves the right to raise issues regarding defendant's expert witness testimony pending the expert's videotape deposition for trial. V. PLAINTIFF'S WITNESS LIST 1. JoEllen Bazdar 2. Robert Bazdar 3. Upper Allen Township Police Officer Kauffman 4. Joshua W. Shaffer 2 5. Wendy D. Beck 5. William W. DeMuth, M.D. 7. Si Van Do, M.D. 8. John Sullivan, M.D. 9. Dr. David Abrams 10. Allan B. Perel, M.D. 11.. Custodian of Records -Holy Spirit Hospital 12. Custodian of Records - HealthSouth Rehabilitation Center 13. Custodian of Records -Joyner Sportsmedicine Institute 14. Defendant, Faye Tewner 15. Any witnesses identified by Defendant VI. EXHIBITS 1. Records, x-rays, and reports of Holy Spirit Hospital 2. Records, x-rays, and reports of William W. DeMuth, M.D. 3. Records, x-rays, and reports of HealthSouth Rehabilitation Center 4. Records, x-rays, and reports of Si Van Do, M.D., Physicians of Rehabilitation Medicine 5. Records and reports of Joyner Physical Therapy 6. Records and reports of Dr. David Abrams 7. Records and reports of Dr. Allan Perel 8. Anatomical exhibits of the neck and spine 9. Chart of treatment chronology 10. Demonstrative exhibits to illustrate testimony 10. Enlazgements or enhancements of any and all photographs or x-rays 10. Any exhibits identified by Defendant. VI. SETTLEMENT NEGOTIATIONS Plaintiffs demand is $ 25,000. Defendant's offer is $11,000. LLIAMS, CUKER & BEREZOFSKY e G. Cole, squire Alan Sklarslcy, Esquire Dated: February 19, 2004 Attorneys for Plaintiff ~~ John R. Ninosky, Esquire I.D. Y78000 SOLO6636, xHTE131N i SBIPMAII, P.C. 320 Market Street P .O. Box 1268 Harrisburg, PA 17106-126P (717) 239-9161 - Attorneys for Defendant ~~ FEB 1 8 2004 '~' JO ELLEN BAZDAR, Plaintiffs v. FAYE E. TEWNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT FAYE E. TEWNER I. STATEMENT OF FACTS AS TO LIABILITY AND DAMAGES This matter arises from an automobile accident which occurred on November 14, 1997, on Route 15 near the intersection of West Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. At this location, the Defendant's vehicle came in contact with the Plaintiff's vehicle wherein the Plaintiff claims to have suffered injuries. It is believed that the injuries are soft tissue in nature. Further, the Plaintiff's father, who was operating the Plaintiff's vehicle, suffered no injuries in this incident. The Defendant concedes negligence with regard to the happening of the accident. However, the Defendant contests that this accident was a substantial factor in causing the Plaintiff to suffer any injury. ~' II. STATEMENT OF ISSUE A. Whether the automobile accident caused the Plaintiff to suffer any injury? III. UNUSUAL LEGAL ISSUES There are no unusual issues identified by the Defendant. IV. IDENTITY OF WITNESSES TO BE CALLED 1. Plaintiff, as on cross-examination 2. Robert Bazdar 3. Carl Ellenberger, M.D., via videotape testimony 4. Any witnesses identified by the Plaintiff V. LIST OF EXHIBITS 1. Plaintiff's medical records 2. Curriculum Vitae of Carl Ellenberger, M.D. 3. Videotape deposition testimony of Carl Ellenberger, M.D. 4. Transcripts of the deposition of Carl Ellenberger, M.D. 5. Any exhibits identified by the Plaintiff. VI. SETTLEMENT DISCUSSIONS Prior to suit, Defendant has offered $10,000 to resolve this matter. This offer has been since removed from the table. 2 f VII. ANTICIPATED LENGTH OF TRIAL Two days. VIII. SPECIAL ISSUE The Defendant is currently living in Israel. Due to her current living arrangements, she will not participate in trial. I would ask that the jury be advised that advised that she no longer lives in the country and that she was excused from attending trial. Respectfully submitted, GOLDBERG; KATZMAN & SHIPMAN, P.C. By ~ 1~~ John R. Ninosky, Esquire I.D.: 78000 P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendant DATE : ~~/T/o y 106548.1 / 3 CERTIFICATE OF SERVICE I hereby certify that.a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on February 17, 2004: Beth G. Cole, Esquire Williams, Cuker and Brezofsky 1617 JE'K Boulevard, Suite 800 Philadelphia, PA 19103 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By /` Joh R. Ninosky, E I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 65906.1 Joellen Bazdar IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V Faye E. Tewner ' NO. 01-4823 CIVIL TERM ORDER OF COURT AND NOW, December 11, 2003, by agreement of counsel, the above captioned case is hereby continued from the January 12, 2004 trial term. Counsel is directed to relist the case when ready. By the Court, e E c fer, .J. /Beth G. Cole, Esquire /Alan H. Sklarsky, Esquire For the Plaintiff ^ 1~ e /John R. Ninosky, Esquire , `^~"' For the Defendant Court Administrator ^^ ~7~ ld ~u lj\ay~~\ liir~~ r~l_l; ~J ~ ~ : i ~ i~.~~~ ~ s ~~a €ooa ~A~'~~.~ti!Jnl~rid 3Hl 30 ~~ {ld.aC}-E]3iid ..:-..::.. ..... f £a°~vk.A4S0#FGKY ~~~.~~":xq vx=w=~sas~i4pry ra~i4~~!^~ „'a^w~nr~~aklddTC: ^.R3~. t'~P"^'~ac+~~r,~~~xr:.±x-n ~_.~._ rte";'; w":~ ,. ` _ COURT OF COIVIMON PLEAS `~ DAUPHIN COUNTY CIVIL ACTION - SUITS 1999 ~y~,, ~,_,~~~3 Tom.., FfInIM by: IMR ^miletl-Fo.m J9y E815915 ' 99-5 Entry By Summons ( vY Complaint ( ) Date of Entry Q9 Petition ( ) Appeal ( ) Writ of Execution Tssued: Custody ( ) ~~. Assumpsit ( ) Appearance For: - Divorce ( ) Plaintiff: tp-,~,Q~A, Mortgage Foreclosure ( ) Change of Name ( ) Ejectment ( ) Quiet Title ( ) Defendant: Appt. of Viewers ( ) - Replevin ( ) ' ~ Declaration of Taking ( ) ' Forma Pauperis ( ) Mental Health ( ) Protective Order ( ) District Justice ( ) r~~ ,Paid $ 8itc+. iTJ. FEB. Z?i -ZOOM - Pta~tnri-lFl='S wtrn-in,J 1=o(Z. T2ANSFCR t 1=tLbn February 28. 2001- Uuon consideration of the Plaintiff's Motion for Transfer, a Rule is hereby issued on the Plaintiff to show cause as to why the Defendant's petition should not be granted. RULE RETURNABLE 15 DAYS FROM SERVICE. /s/Richard A. Lewis, Judge. See RULE TO SHOW CAUSE filed. trv9av zl~ Zool- c.~ly t 1,4rns~ Gu~cEf~ y- 6E2t-".°Z[~F K.Y ~Y G6RAt..a~ ~ LJil1.l 9D 9'YLS t ES¢V i IZ_E 1q nl l~ B(-7tJ C ~.DI.E " 5 QU 1 - =tv t IZS 13PPt=ARrawr~~ AS GO- CpViVSGL Fo1= PL,c01.7TI FF y '3LwJrc III Z~~l~ PL.atN-n~~5~ rvtorto~l in vr,,~1C= TN- U ~_ iA 8 5 e~ tJTC 1=1 Ll: 17 June 19, 2001- A rule is hereby issued upon defendant to show cause why Plaintiff's Motion for Transfer should not be granted. RULE RETURNABLE TEN DAYS FROM SERVICE. /s/ Lawrence F. Clark, Jr., Judge. See AMENDED RULE TO SHOW CAUSE filed. Copies mailed 6-20-01. .. ~-vKwA2p To F~.L4wi-JG- P~G-E Dale/Amount Date/Amount Filing Fee ~ ~ ~ .Adm. Fee -.Divorce Atty..Appearance Adm. Fee -Custody Sheriffs. Costs , , App'[. of Master , Discontinuance Cash Bond Praecipe.for Argt. .. .. Cert. of Readiness . Rule of Reference Escrow Funds ~ ~ ____ _ _ , July 24, 2001 - Upon consideration of Plaintiff's Motion to Make the Amended Rule to Show Cause Absolute and any opposition thereto, it is hereby ORDERED that the Motion be GRANTED: it is further ORDERED that the Prothonotary transfer the record in the above-captioned matter, together with a certified copy of the docket entries, to the Prothonotary of Cumberland County. /s/ Joseph H. Kleinfelter, Judge See ORDER, filed. Copy mailed 7-25-O1. July 27 2001- The above action transfer to Court of Common Pleas of, Cumberland County.' -TUi y 23r 2 0o I 'Pt~wi uri y'"j= S~ ,M i~sr-1 o~I T~ mp Kr Tr-IC ._ , WILLIAM3, CUKER & SEREZOFSKY BY: Beth G. Cole, ESQUIRE ID: 39416 1617 J.F.K. BOULEVARD, SUITE 800 PHILADELPHIA, PA 19103 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER Defendant ~ ~ a5-o i .~ 0 ,~ IN .THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 `ne.Gl- ~8~3 c.w<x ~~~ CIVIL ACTION- LAW JURY TRIAL DEMANDED O R D E R AND NOW, this_~day of 2001, upon consideration of Plaintiff's Motion to Make the Amended Rule to Show Cause Absolute, and any opposition thereto, it is hereby ORDERED that the Motion be GRANTED; it is further ORDERED that the Prothonotary transfer the record in the above-captioned mattez, together with a certified copy of the docket entries, to the Prothonotary of Cumberland County. ~' ~`i,~d~,, .,~,, atFd'~C!~~'(~ ~Q~ (~~ 9T ~ eZ 7~ ~,,.,. , .i ~~ ;. , ; "° - -- 3 ~-~}, _, ~~r ~ •'U i~ ~- ~ :; °;l fl ', ~~iNS'~~I,SU~3~,,~Ji 1J ,t~.PdI~C~: ~ ~~ .,~._„ ~, ~-,.., r~ t~ ~i ~`a t i., f f .. ','_. ~j, /~ _..~as~oa},~FS~ggF,r€` ._;. ^u ~~¢+.nv as ~:nY.~Pp~d3~ G ,^>? ' ~ ~ ~ ~ ~ ~ ~ ~ ~~~ WILLIAMS, CURER & SEREZOFSKY ~'q?. ~ ,1 BY: Beth G. Cole, ESQUIRE "~rJ" ~ ID: 39416 '~ c? ~ ~,~' 1617 J.F.K. BOULEVARD, SUITE 800 ~"'~-. PHILADELPHIA, PA 19103 '~;, 0 (215) 557-0099: °~' - ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 v. CIVIL ACTION- LAW FAYE E. TEWNER Defendant JURY TRIAL DEMANDED P~,T~INTIFFS~ NOTION TO MAKE THE AMENDED RULE ABSOLUTE 1. The above-captioned cause of action was erroneously commenced in Dauphin County by filing of a Writ of Summons of February 12, 1999. 2. Plaintiff filed a Motion to Transfer the Matter to Cumberland County February 27, 2001, a copy of which is attached hereto as Exhibit "A". 3. On March 1, 2001, the Court issued a Rule to Show Cause which incorrectly designated the parties and made no sense.. 4. On June 19, 2001, an Amended Rule to Show Cause why plaintiff's motio n should not be granted was issued by the Court, a copy of which is attached hereto as Exhibit "B" 5. On July 2, 2001, the Amended Rule was served upon. the defendant. See Certificate of Service attached hereto as Exhibit „C„ . _. ,~ 6. More that ten (10) days having passed, plaintiff now requests that the Court make the Amended Rule absolute and grant plaintiff's motion to transfer this matter to Cumberland County. plaintiff respectfully requests the Court to grant her Motion To Make the Rule Absolute, and to further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. Respectfully submitted, ~i~%~'~ lam' (~" Beth G. Cole, Esquire WILLIAMS, CUKER & BEREZOFSKY Pa I.D. No.: 36419 One Penn Center @ Suburban Station 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103-1895 Telephone: (215) 557-0099 Attorney for the Plaintiff Dated: ~ ~~~J~ "~ 70ELLEN BAZDAR IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v. No.:672-5-1999 FAYE E. TEWNER CIVIL ACTION- LAW -~^ Defendant JURY TRIAL DEMANDED ~ ~. ~ ~ ~ PLAINTIFF'S MOTION FOR TRANSFER ~ ~ =°~ ga AND NOW, comes Plaintiff, JoEllen Bandar, by and through her counsel,eslie ~ ~ ~ ,~~r`, -~ ~e ~`' •'n c as Fields, Esquire and respectfully represents as follows in support of Plaintiffls Motton fors Transfer: Plaintiff, JoEllen Bandar, was involved in a motor vehicle accident which occurred at approximately 3:15 p.m. on or about November 14, 1997 on Route 15 near the intersection with West Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. 2. This cause of action, however, was erroneously commenced in the County of Dauphin by the filing of a Writ of Summons on Februazy 12, 1999. 3. Because the accident giving rise to this cause of action took place in the County of Cumberland, the County of Cumberland has jurisdiction over the subject matter of this action. WHEREFORE, Plaintiff, JoEllen Bazdaz, pursuant to Rule 213(1), Pennsylvania Rules of Civil Procedure, respectfully requests that Your Honorable Court transfer this cause of action to ~~ ~ . the County of Cumberland and further duect the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County Respectfully submitted, Date: Febrnary 26, 2001 Leslie Fields, EsquirCr COSTO OULOS, FOSTER & FIELDS Pa LD. o.: 29411 &31 Mazket Street Lemoyne, PA 17043 (717) 761-2121 Attorney for Plaintiff 2 • - I t e ~ JOELLEN BAZDAR IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v. No.:672-5-1999 FAYE E. TEWNER CIVIL ACTION- LAW Defendant JURY TRIAL DEMANDED O_ RDER AND NOW, this day of . 2001, upon consideration of Plaintiff's Motion for Transfer, it is hereby ORDERED that this cause of acfion be transferred to the County of Cumberland and further, #hat the Prothonotary of Dauphin County transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. BY THE COURT: J. ,~.~_ ~~ ~ WILLIAMS, CUKER ~ BEREZOFSKY MARK R CUKER' GERALD J. WRLDIMS' ESTHER E. BERE7AFSKY' (Raidmt FJ1 Puma) BETH G. COLEf ANDREW P. ERBA'Tli CERAIDJ. GRANT' MICHAELA. RRJG: OF COUNSEL: MARTIN G MEI-TZERTi JAMIE G RAY' ' MEMBFIC PFNNSYLVANIAAND NEW IERSEY BARS " MBAOIPA OPNEWJERSEYBAR ONLY 1 MEMB~OF PENNSYLVANm BAR ONLY tf MFAfBFIl PENNSYLVANLI, NEWJFASEYAND DPIAWARE EARS 1}i ALSO MEMBEROF DISFRICf OF COLUMBIAAND CONNECFICVF BARS ATTORNEYS AT IAW ONE P)7JN CENTERAT SUBURBAN STATION 1617 J.ER BOULLNARD, SUITE 800 PHILADEIkHIA, PA 19103-1895 (215) 557.0099 Fax (215) 557-0673 July 2, 2001 1 , , 5t HADDOFIFIELD ROAD SUITE 160 CHP.RRY HILL, NEW)ERSIIY 08002 (856)663-5155 (856) 663-5133 Pu 2418 NICHOIBY DRIVE WILIMINGTON, DELAWARE 19808 (302)999-1399 (302) 999-1397 Fuc CERTIFIED MAIL RETURN RECEIPT REQUESTED AND REGULAR MAIL 70001530 0002 44515997 Ms. Faye E. Tewner 24 Merkle Road Columbus, OH 43209 Re: Joellen Bandar v. Faye E. Tewner CCP Dauphin County, PA No. 672 S 1999 Dear Ms. Tewner: I hereby serve upon you an Amended Rule to Show Cause in the above-captioned matter. Kindly transmit this document to your attorney or legal representative for a response. Thank you. GJGJR:rap enclosure Very truly yours, GERALD J. GRANT, JR. ~~C~-0 ~ P ®~ .~~ JOELLEN BAZDAR : IN THE COURT OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PEN(~NSYLVANIA v. :No.(n1 c~ .~~ `7 FAYE E. TEWNER :CIVIL ACTION- LAW Defendant :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action against the defendant at the address set forth below. Faye E. Tewner 3324 Green Street Harrisburg, PA 17110 Thank you. B~~~' Costopo los, Foster & Fields Leslie M. Fields, Esquire Pa. LD. No. 29411 831 Market Street Lemoyne, PA 17043 (717)761-2121 Attorney for the Plaintiff Date: z'~~' JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA :No. ~n~ ~~ ~Q~a :CIVIL ACTION- LAW :JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS COMMENCED AN ACTION AGAINST YOU. Dated: a' ~ a' Stephen E. Farina, Prothonotary ~. ~3°~' By: Seal of the Court ... Mary Jane Snyder Real Estate DepuTy William T. Tully Solicitor Dauphin County Harrisbtixg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 0672-5 - - -1999 Ralph G. McAllister ChieY'Depu[y Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for TEWNER FAYE the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND,-March 15, 1999 3324 GREEN ST., HBG. PA. IS NOT A GOOD ADDRESS. So Answers, l~p~°i~C~ Sheriff of Dauphin County, Pa. TH/JS Plaintiff: BAZDAR JOELLEN Sheriff's Costs: $43.75 PD 02/12/1999-RCPT NO 120671 C~~~t~Q ~f ~.~~~xt.ff ,. . ~_ ,.. [~~~ F 3 /Ce - ~. _ .. -. .. ~ - eaAass .~m-mk',evl hibWx$°,~Y.'WHAF , lth'D9maaer~iCreeu~WaAU.. 3m6wP~9P!IO~t~pUR'1 JOELLEN BAZDAR Plaintiff v. FAYE E. TBWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA :No. (072 S IgQQ :CIVIL ACTION- LAW :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action against the defendant at the address set forth below. Thank you. Faye E. Tewner 3324 Green Street Harrisburg, PA 17110 B Costopo los, Foster & Fields Leslie M. Fields, Esquire Pa. I.D. No. 29411 831 Market Street Lemoyne, PA 17043 (717)761-2121 Attorney for the Plaintiff Date: z'~~' .' , ~ - JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA :No. Co~1 a. 5 1489 :CIVIL ACTION- LAW :JURY TRIAL DEMANDED WRIT OF SUMM®NS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAL~II'IFF(S) HAS COMMENCED AN ACTION AGAINST YOU. Dated: c'1'~ o~l'9g Stephen E. Farina, Prothonotary ,~ • ~. By: Seal of the Court a-ta~ _i9_~9.-- s ' ~~reby cert'sfY that the foregoing ~s a ae and correct copy of the onginai ,~" TRt1E C©PY ATTt~STED "'~t ~irl C,~, 7 p ~~ a G ,~ k'.I ~- ~ ..ter.. mie~Tme~3awa~~ c~mals*xaa ... ,^,,s i ~•~.,•,.,•.~, ;;~aptv~~s~t nr=a=mierss~1, „_,.~811~ri JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0. 672 s 1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED ~a .~ c tv ~~~ ~m ~~n ~-' PRAECIPE FOR ENTRY OF APPEARANCE ~,.., N -~... - TO THE PROTHONOTARY: -.~ c "~~ Kindly enter the appearance of Gerald J. Williams, Esquire and Beth G. Cole, Esquire, of Williams, Cuker & Berezofsky, as co-counsel for the Plaintiff, JoEllen Bazdar, in the above- captioned matter and mark the docket accordingly. WILLIAMS, CUKER & BEREZOFSKY GERALD J. TrJI~LIAMS, ESQUIRE Supreme Co t ID No. 36418 BE'I'II G. 0 ESQUIRE Supreme Court ID No. 36419 Co-Counsel for the Plaintiffs One Penn Center @ Suburban Station Suite 800 Philadelphia, PA 19103 Telephone: (215) 557-0099 Date: ~ (~' UI ~.,,,, JOELLEN BA2DAR Plaintiff v. FAYE E. TEWNER Defendant CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Entry of Appearance was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, Certified Mail No. 7000 1530 0002 4451 5898, Return Receipt Requested, addressed as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Defendant . IN THE COURT OF COMMON PLEAS . DAUPHIN COUNTY, PENNSYLVANIA N0. 672 S 1999 BETH G. COL SQUIRE WILLIAMS, CUKER & BEREZOFSKY 1617 JFK Blvd., Suite 800 Philadelphia, PA 19103 (215) 557-0099 Counsel for Plaintiffs Dated: May 18, 2001 - , COSTOPOULOS~ FOSTER & FIELDS ATTORNEYS AND COUNSELLORS AT LAW WILLIAM C. COSTOPOULOS DAVID 7. FOSTER LESLIE M. FIELDS ALLEN C. WELCH CHARLES P. MACKIN 831 MARKET STREET P.O. BOX 222 LEMOYNE, PENNSYLVANIA 17043-0222 February 11, 1999 TELEPHONE 761-2121 AREA CODE 717 FAX 761-4031 Mr. Stephen E. Farina Prothonotary Dauphin County Courthouse Front & Market Sts. Harrisburg, PA 17101 Re: Bazdar v. Tewner Dear Mr. Farina: Enclosed please find the original and two copies of the Praecipe for Writ of Summons to be filed in your office for the above-captioned matter. Also enclosed is a check in the amount of $55.50 for the filing of this Writ. Please forward one Writ of Summons to the Dauphin County Sheriff s office along with their enclosed check in the amount of $43.75 for service upon the defendant Faye E. Tewner, located at 3324 Green Street, Harrisburg, Pennsylvania 17110. I have enclosed aself-addressed, stamped envelope for you to return the additional Writs. If you have any questions, please do not hesitate to contact me. Very truly yours, ~~• Leslie 1~f1 Fields, Esquire LMF/jme Enclnsures~ ~. _ .. ,, _.. Sheriff BAZ JOELLEN VS. TEUINER FAYE 3324 GREEN ST HARRISBURG, PA 17110 (O1 COPY) `3-~Y :., No. 0672-5 - - -1999 NIRIT OF SUMMONS ~ ~ Directions to Sheriff of Dauphin County, PA FIELDS LESLIE M 831 MARKET ST, P.O.BOX 222 LEMOYNE, PA 17043 761-2121 s s i f~99 ~~ -~„« ,. ~~ ~ ~~ ~ ~~~~ i~~ ~_ ~33~~ -~ ~ ~ ,s - a~~o ~~~~ ~~ __-- ~i~y~~ ~~.~~~ ~~ a oa ~~/.yi~e~ /~~~ ~, M. 3. - ~~~ ~ ~ ~ "~D Q:~ JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER Defendant 0 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA ~-- - nc. V5 NO. 672 S 1999 CIVIL ACTION- LAW ;'-_ ~ JURY TRIAL DEMANDED"'- ~ 0 PLAINTIFFS' MOTION TO MAKE THE RULE ABSOLUTE ~. 1. Plaintiff, JoEllen Bazdar, was involved. in a motor vehicle accident which occurred at approximately 3:15 p.m. on or about November 14, 1997, on Route 15 near the intersection with West Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. 2. This cause of action, however, was erroneously commenced in the County of Dauphin by the filing of a Writ of Summons on February 12, 1999. 3. Because the accident giving rise to this cause of action took place in the County of Cumberland, the County of Cumberland has jurisdiction over the subject matter of this action. 4. Plaintiff filed her Motion for Transfer to Cumberland County with the Dauphin County Court of Common Pleas on February 27, 2001. A copy of said motion is attached hereto as Exhibit "A" 5. On February 28, 2001, pursuant to plaintiff's motion, the Court issued a Rule upon "the Plaintiff (sic) to show cause as to why the Defendant's (sic) petition should not be granted". A copy of the Rule to Show Cause is attached hereto as Exhibit "B" 6. Notwithstanding the Rule's confusion of parties, r~ , plaintiff now asks the Court to make the Rule absolute and order the matter transferred to Cumberland County. plaintiff, JoEllen Bazdar, pursuant to Rule 213(f), Pennsylvania Rule of Civil Procedure, respectfully requests that the Court transfer this cause of action to the County of Cumberland and further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. Respectfully submitted, Geral J. Gran Jr., Esquire WILLIAMS, CUKER & BEREZOFSKY Pa I.D. No.: 85337 One Penn Center @ Suburban Station 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103-1895 Telephone: (215) 557-0099 Attorney for the Plaintiff Date: C~~~~~/ \\wcbfil a\docs\wpdocs\BETH\BETH.PLE\BAZDAR\0601PLAZNMOT.wpd ~wa~mw i .., , .. - JOELLEN BAZDAR . Plaintiff v. FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0. 672 S 1999 CIVIL ACTION- L_ArrW JURY TRIAL DEMAgIllED O R D E R AND NOW, triis~~day of /U 2001, upon consideration `f Plaintiff's Motion to Make he Rule Absolute, it is hereby ORDER .that this cause of acti be transferred to the County of Cumberland and further, that he Prothonotary of Dauphin County trans' r the record, ogether with a certified copy of the docket ent 'es, to th Prothonotary of Cumberland County. J. ...,~ ~~ JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0. 672 S 1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Plaintiffs' Motion to Make the Rule Absolute was hereby served by depositing the same within the custody of the United States Postal Service, via First Class Mail, postage prepaid, and via Certified Mail No. 7000 1530 0002 4451 6017, Return Receipt Requested, addressed to the defendant as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Ge ald J. ant Jr., ESQUIRE WILLIAMS, CUKER & BEREZOFSKY 1617 JFK Blvd., Suite 800 Philadelphia, PA 19103 (215) 557-0099 Counsel for Plaintiffs Dated: G~~ldf JOELLEN BAZDAR IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v. No.:672-5-1999 FAYE E. TEWNER CIVIL ACTION- LAW o Defendant JURY TRIAL DEMANDED ~ -sr a PLAINTIFF'S MOTION FOR TRANSFER ~~ ,_ ~n AND NOW, comes Plaintiff, JoEllen Bazdar, by and through her counsel,~eslie Fields, Esquire and respectfully represents as follows in support of Plaintiff's Motion forQ Transfer: 1. Plaintiff, JoEllen Bazdaz, was involved in a motor vehicle accident which occurred at approximately 3:15 p.m. on or about November 14,1997 on Route 15 neaz the intersection with West Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. 2. This cause of action, however, was erroneously commenced in the County of Dauphin by the filing of a Writ of Summons on February 12, 1999. Because the accident giving rise to this cause of action took place in the oo~ -~.9't m ~,~-. ~a, „,~ ~. ~~~ .~ ~ c ~s County of Cumberland, the County of Cumberland has jurisdiction over the subject matter of this action. WHEREFORE, Plaintiff, JoEllen Bazdaz, pursuant to Rule 213(f), Pennsylvania Rules of Civil Procedure, respectfully requests that Your Honorable Court transfer this cause of action to the County of Cumberland and further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County Respectfully submitted, Fields, COSTO~OULOS, FOSTER & FIELDS Pa I.D. o.: 29411 &31 Market Street Lemoyne, PA 17043 (?17)761-2121 Attorney for Plaintiff Date: February 26, 2001 2 JOELLEN BAZDAR Plaintiff v. FAYE E. TEWNER Defendant IN TIC COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No.: 672-5-1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of .2001, upon consideration of Plaintiffis Motion for Transfer, it is hereby ORDERED that this cause of action be transferred to the County of Cumberland and further, that the Prothonotary of Dauphin County transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. BY THE COURT: J. CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, certify that I have served a true copy of Plaintiff's Motion for Transfer on the individual(s) listed below by depositing the same in the United States mail, first- class, postage prepaid, from Lemoyne, Pennsylvania, addressed as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Dated: February 26, 2001 Fields, Esquire ,,_, E, 7']ESVI~~ER, L eferndanl: a _ ~ .~._ _ ._. :IN THE COiJRT OF COMMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA :NO: 672 S 2000 RULE TO SHOW CAUSE AND NOW, this day of February, 2001, upon consideration of the Plaintiff s Motion for Transfer, a Rule is hereby issued on the Plaintiff to show cause as to why the Defendant's petition should not be granted. /~/ RULE RETURNABLE/ /DAYS FROM J. -• ,. , T`,/~ F_. rF i:; '. MAR 4.1 Z00! I hereby certify that theot ~ o ginal true and correct coPY filed. J ' Afnct ~ : Okv~ Prothonotary v 3 '. c v vs ~_ Z~~ :,-a ::. -C "i ,. Comes rs~4~\e d ~o-ao- 6 ~ JOELLEN BAZDAR, : IN THE COURT OF COMMON PLEAS Plainriff :DAUPHIN COUNTY, PENNSYLVANIA ~. : NO. 672 S 1999 FAYE E. TEWNER, Defendant AMENDED RULE TO SHOW CAUSE AND NOW, this ~ a y of June, 2001, a rule is hereby issued upon defendant to show cause why Plaintiff s Motion for Transfer should not be granted. RULE RETURNABLE DAYS FROM SERVICE. ~De ~c~ ~~ ~ ~~ ~!?i~ . ~..,~~ e~ ~' 31-61 JOELLEN BAZDAR , :IN THE COURT OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA • {QQQ v. :NO: 672 S 'i999~ FAYE E. TEWNER, Defendant RULE TO SHOW CAUSE AND NOW, this day of February, 2001, upon consideration of the Plaintiff's Motion for Transfer, a Rule is hereby issued on the Plaintiff to show cause as to why the Defendant's petition should not be granted. RULE RETURNABLE/-~ DA! s -~ c~ -~ a~ 1,~ y~ ct~ = T ~ ~r. --+ o ~e -~ y JOELLEN BAZDAR IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v. No.:672-5-1999 FAYE E. TEWNER CIVIL ACTION- LAW Defendant JURY TRIAL DEMANDED ORDER AND NOW, this ~ day of ~ , 2001, upon consideration of Plaintiff's Motion for Transfer, it is hereby ORDERED that this cause of action be transferred to the County of Cumberland and further, that the Prothonotary of Dauphin County transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. ~~~ BY THE COURT: JOELLEN BAZDAR 1N THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v. No.:672-5-1999 ~ c na ~ -- FAYE E. TEWNER CIVIL ACTION- LAW -D ~ " ~"~ `"T t'~ Defendant JURY TRIAL DEMANDS ~ - `~" ' n ~ ~ " ~" :~:- ~ PLAINTIFF'S MOTION FOR TRANSFER ~~'-=` ' `' AND NOW, comes Plaintiff, JoEllen Bazdar, by and through her counsel, Leslie ~ ~ Fields, Esquire and respectfully represents as follows in support of Plaintiff's Motion for Transfer: Plaintiff, JoEllen Bazdar, was involved in a motor vehicle accident which occurred at approximately 3:15 p.m. on or about November 14, 1997 on Route 15 near the intersection with West Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. This cause of action, however, was erroneously commenced in the County of Dauphin by the filing of a Writ of Summons on February 12, 1999. 3. Because the accident giving rise to this cause of action took place in the County of Cumberland, the County of Cumberland has jurisdiction over the subject matter of this action. WHEREFORE, Plaintiff, JoEllen Bazdar, pursuant to Rule 213(f), Pennsylvania Rules of Civil Procedure, respectfully requests that Your Honorable Court transfer this cause of action to the County of Cumberland and fiu ther direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County Respectfully submitted, Fields, FOSTER & FIELDS Pa LD. Igo.: 29411 831 Market Street Lemoyne, PA 17043 (717)761-2121 Attorney for Plaintiff Date: February 26, 2001 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, certify that I have served a true copy of Plaintiff s Motion for Transfer on the individual(s) listed below by depositing the same in the United States mail, first- class, postage prepaid, from Lemoyne, Pennsylvania, addressed as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Fields, Esquire Dated: February 26, 2001 John R. Ninos ky, Esquire I.D. 878000 BOLDBBBO, XAT2MAN 6 SBIPMIIIT, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17106-1268 (717) 234-4161 Attorneys for Defendant JO ELLEN BAZDAR, Plaintiffs v. FAYE E. TEWNER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0. 99-5-672 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Joh}~ R. Nifiosky, Esqui~ke Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: ~~~7/p~ Attorneys for Defendant 65905.1 A ~ .'1~7 +{~ '47 O C.Z CJ .% t~ C:: ~ .. ~ ~ bk< .~ ..( C7 a , ~ ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on July 20, 2001: Beth G. Cole, Esquire Williams, Cuker and Brezofsky 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By----f =~~=G~( 1 ` ~~ John Ninosky, Esqui I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 65906.1 John R. Ninosky, Esquire I.O. #78000 OOLDSER6. RATEMAH 6 SNI P[B+N. P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-9161 Attorneys for Defendant JO ELLEN BAZDAR, IN THE COURT OF COMMON PLEAS Plaintiffs DAUPHIN COUNTY, PENNSYLVANIA v. N0. 99-5-672 CIVIL ACTION - LAW FAYE E. TEWNER, Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please issue within twenty (20) of non pros. a-- v ~ a ~ c~ ~._ ... rs~ +~ «~ ~t.i ,... tl_:: ~, ~ ~, Oi ~a 4 ~ ct ~ e . ~ DATE: ~J~O(pJ GOLDBERG, KATZMAN & SHIPMAN, P.C. BY L/// /~ Johns R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant RULE T0: Beth G. Cole, Esquire, Williams, Cuker & Berezofsky, 1617 JFK Boulevard, Suite 800, Philadelphia, PA 19103-1895 Attorney for Plaintiff: A Rule is hereby issued upon Plaintiff, JoEllen Bazdar, to file a Complaint against Defendant within twenty. 20) days of service hereof, or suffer judg nt o non pros. DATE: ~~n~ St hen Farin , P o 62917. 1 ~Vj 2 O ~OQ' PRAECIPE a Rule upon the Plaintiff to file a Complaint days after service hereof, or suffer judgment [. f , . . . WILLIAMS, CUKER & SEREZOFSKY BY: Gerald J. Grant IDENTIFICATION NO.: 85337 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 800 PHILADELPHIA, PA 19103-1895 (215) 557-0099 ATTORNEY FOR PLAINTIFF JOELLEN SAZDAR Plaintiff v. FAYE E. TEWNER Defendant IN THE COURT OF CONNON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO MAKE THE RULE ABSOLUTE Kindly issue a rule to make absolute Plaintiffs' Motion for transfer in this matter. .,o ;, o k ;_;: wc~r_ ~ y aC ~ ;"; c_ ~. ~ ` . r' ' -- ` - ~' ::~ o + ;;4 r .. Date ?~~ yid, WILLIAMS CUKER & BEREZOFSKY GERAL J. G JR., ESQUIRE Attorney No. 85337 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103-1895 (215) 557-0099 Counsel for Plaintiff ,... CERTIFICATE OF SERVICE I, GERALD J. GRANT, JR., hereby certify that on this date I served a true and correct copy of the enclosed Amended Rule to Show Cause upon the Defendant, by certified mail return receipt requested and regular mail, at the following address: Faye E. Tewner 24 Merkle Road Columbus, OH 43209 GERALD J. GRANT, JR. Date: F:\wpdocs\HETH\BETH.PLE\BAZDAR\0717CO£S.wpd a ~ ~ `~ ~ ~ ~ ~~ c, ,-:, r-' --- -, ~~ i 7r, c~ J ~ ~ Ci C_+ ' - t r .., v ~ ~ _sl J J ~'\ ~~ -- .. a~w'~rr¢~xme~e3trun~nr-mm. ,q..c. _,-. .- _, .,.nt== e=~::x_~az~ie °a~~i'8_... , A -' WILLIAMS, CUKER 6 BEREZOFSKY BY: Beth G. Cole, ESQUIRE ID: 39416 1617 J.F.K. BOULEVARD, SUITE 800 PHILADELPHIA, PA 19103 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR Plaintiff, v. FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4823 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE "You Gave been sued in court. B'yau 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 nerved, by entering a written appearance personally or by attorney and Tiling in writing with the court your defenses or objeMione to the claims set forth against you. Yau are warned that if you fail to do so the case may proceed without yo and a judgment may be entered against you by the court without fort r notice for any money claimed in the complaint or for any other clai or relief requested by the plaintiff. You may lose money or grope or other rights important to you. ^YOU SHOULD TAKE THIS PAPER TO YOUR WYER AT ONCE. >F YOU DO NOT HAVE A LAWYER OR C T AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FO TH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP AVISO "Le hen demandado a uated en la corte. Si usted quiere defenderse de setae demandas espuestas en las paginae siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demands y la notificacias. Hace Falta asentar una comparencia escrita o en persona o con un abogada y entregar a la corte en forma escrim sue defenses o sm objeciones a las demandas en contra de su persona. Sea avisado que si usted no ae defiende, la corte tomara medidas y puede rnntinuar la demands en contra soya sin previo aviso o notificacius. Ademsi, la corte puede decidir a favor del demandante y requiere que uated cumpla con [oche las provisionea de eats demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. "LLEVE ESTA DEMANDA A UN ABODADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO 9UFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA- CUYA DII2ECCION SE ENCUENTRA ESCRIPA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIl2 ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINLSTRATOR Lawyer Referral Service 4T'i Floor Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 JOELLEN BAZDAR Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION- LAW FAYE E. TEWNER Defendant JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, JoEllen Bazdar, by and through her attorneys, Williams, Cuker & Berezofsky and respectfully represents as follows in support of this Complaint: 1. Plaintiff, JoEllen Bazdar, is an adult individual residing at 3 Nittany Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Faye E. Tewner, is an adult individual residing at 24 Merkle Road, Columbus, Ohio 43209. 3. The events giving rise to this cause of action occurred at apprcximately 3:15p.m. on or about November 14, 1997 on Route 15 near the intersection with West Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, JoEllen Bazdar, was a passenger in a 1987 Acura automobile operated by her father, Robert Bazdar, who was driving northbound on Route 1 15 and who was stopped at a red light behind a line of cars when Defendant, Faye E. Tewner, operating a 1988 Subaru automobile, failed to stop and struck Plaintiff's automobile from behind, thereby causing the collision and injuries that give rise to this cause of action. 5. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or ,reckless actions of Defendant, Faye E. Tewner, in that she: a) failed to come to a lawful stop at a red traffic light; b) failed to come to a stop before hitting Plaintiff's vehicle from behind; c) followed Plaintiff's vehicle too closely; d) failed to operate her vehicle at a safe speed; e) failed to maintain her car under proper and lawful control; f) failed to stop before causing an accident; g) failed to keep a proper lookout; h) failed to see what she should have seen; i) failed to notice the imminence of an accident and to take the necessary steps to avoid the same; and j) acted without regard for the safety and rights of other motorists and their passengers, including Plaintiffs 2 Plaintiff v. Defendant: Negligence 6. The averments set forth in paragraphs 1 through 5 above are incorporated herein by reference. 7. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) a severe cervical sprain and strain; b) shoulder pain with radiculopathy; k c) post-traumatic myofascial pain syndrome; neck, upper back and shoulder pain. 8. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has been obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 9. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered 3 loss of earnings and/or impairment of her earning capacity and power. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities. 11. As a further direct and proximate result of the negligent, careless and /or reckless acts of the Defendant, Faye E. Tewner, the plaintiff, JoEllen Bazdar, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered a loss of life's pleasures and in the future will continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, JoEllen Bazdar, demands judgment against Defendant, Faye E. Tewner, in an amount in excess of the compulsory arbitration limits plus costs and interest as 4 ~ . ~~~ ~- provided by law. RESPECTFULLY SUBMITTED: 7F6U~ i~OBa~ REOC~R® m Testimony u~iv~of, ! tas~e unto my hano ~~~ the ski of said Cart at Gari~e. Pa, This daY ~-.-_._. DATED: August i, 2001. prothOnot~ry ., Beth G. of quire I.D. No. 3 419 WILLIAMS, CUKER & BEREZOFSKY 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Phone: (215) 557-0099 ATTORNEY FOR PLAINTIFF 5 V E R I F I CAT I O N I, JoEllen Bazdar, do hereby verify that I am the Plaintiff in the within action, that I have personal knowledge of the facts alleged above, and that those facts are true to the best of my knowledge, information and belief. I further understand that false statements herein are subject to the penalties of 18 Pa. C.S. Sec. 9904 relating to unsworn falsification to authorities. C JoEl en Bazdar DATED: ~ 5~~~ c> ~.. c~ -- r ~ v o:; m r= : ~ - . ~~, , ~ - ,~~ ~- v~_ _. r" -:.~. ~-' -T, = AC ~ ~> -~G cn _"" John R. Ni nosky, Esquire I.D. X78000 ppld7gpJt6, RATEEmIN 6 SSIPMAH, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant JO ELLEN BAZ v. Plaintiffs FAYE E. TEWNER, Defendant TO: Plaintiff IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jotfh R. Ninosky, Esgl2ire I.D. ¢`: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant r~~31~ 68394.1 Sohn R. Ninosky, Esquire I.D. #78000 OOLDBHRe, HATEtdAN L SHIEt~N, P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 239-4161 Attorneys for Defendant JO ELLEN BAZDAR, Plaintiffs v. FAYE E. TEWNER, Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION - LAW NRY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Faye E. Tewner, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Admitted. 2. Admitted. 3. Denied. The averments in this Paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 4. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 5. Denied. This paragraph, including subparagraphs a) through j), are denied pursuant to Pa. R.C.P. 1029(e). Plaintiff v. Defendant: Nealiaence 6. The answers contained in Paragraphs 1 through 6 of Defendant's Answer with New Matter are incorporated herein by reference as if fully set forth at length. 7. Denied. This paragraph, including subparagraphs a) through c), are denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor and respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice. 2 NEW MATTER 13. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 14. Plaintiff's cause of action may be barred by the applicable statute of limitations. 15: That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sec. 16. The Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. §1705, et seq. 17. That the accident, and any injuries sustained by the Plaintiff may have been caused in whole or in part by-the negligence of third persons or entities not presently involved in this action. 18. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a substantial factor in causing Plaintiff's damages. 19. That the accident, and any resulting injuries, may have been unavoidable. 20. That the accident may have been caused by a sudden emergency. 21. That if the Plaintiff suffered the injuries alleged in her complaint, those injuries may have been caused in whole or in part by the negligence of the Plaintiff and to recover in this 3 action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 22. Plaintiff .may have assumed the. risk of her injuries. 23. Plaintiff may have failed to mitigate her damages, if any, wt~.any .liability or responsibility on the part of the - Y~_ Defendant being expressly denied. -+ ~~ ~ - _ 24. Plaintiff's claim and/or alleged losses may have been, or were entirely or substantially, the result of, or caused by, intervea3:-t~'g'or superceding causes for which the Defendant is not liabl~.or responsible.:~Any liability or: responsibility on the part of. the«Defendant being expressly denied. WHEREFORE, Defendant demands judgment in her favor and respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P. C. By Johr~Tt. Ninosky, Esquire I.D. #t 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 68340.1 Io~3~ol 4 VERIFICATION I, Faye E. Tewner, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification ,; and statement is made subject to the penalties of 18 Pa.C.S. .. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject.me t~5::-the penalties of 18 Pa. C.S. §4904. `. E. ~~,,,~,~~ Faye Tewner DATE: 68345.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage prepaid,. in Harrisburg, Pennsylvania, on October 3, 2001: Beth G. Cole, Esquire Williams, Cuker and Brezofsky 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By L ~/ Joh Rino y, Esq re I.D. #: 78000 P.O. Box 1268 Harrisburg, .PA 17108-1268 Attorneys for,Def~ndant 65906.1 C? __ C;: _J ~. `, ~ _> J r-, __ ' _ f JOELLEN BAZDAR Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-4823 v. CIVIL ACTION- LAW FAYE E. TEWNER Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT FAYE E. TEWNER 13-15. Denied. There allegations in these paragraphs comprise legal conclusions requiring no further answer. 16. Denied as a legal conclusion. By way of further answer, it is specifically denied that plaintiff's claims are limited or barred by the "Limited Tort" option pursuant to 75 Pa. C. S. A. section 1705, et sea. 17. Denied. It is specifically denied that the accident, and Plaintiff's injuries were caused in whole or in part by the negligence of third persons or entities not involved in this action. 18. Denied. To the contrary, Defendant's negligence was a substantial factor in causing Plaintiff's injuries and damages. 19. Denied. It is specifically denied that the accident and Plaintiff's injuries were unavoidable. 20. Denied. It is specifically denied that the accident 1 F J was caused by a sudden emergency. 21. Denied. It is specifically denied that Plaintiff engaged in any negligence whatsoever. 22. Denied. It is specifically denied that Plaintiff assumed any material risks of her injuries, whatsoever. 23. Denied. It is specifically denied that Plaintiff failed to mitigate her damages. 24. Denied as a conclusion of law requiring no furhter answer. WHEREFORE, plaintiff demands judgment in her favor and against defendant, and asks the Court to provide her the relief sought in the Complaint. WILLIAMS, ~GIKER & BEREZOFSKY ~13ETH G. OL , `E~QUIRE Attorney D. N 36419 One Penn Center~at Suburban Station 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 (215) 557-0099 Counsel for Plaintiff Dated: October 9, 2001 2 ATTORNEY VERIFICATION The averments or denials of fact contained in the foregoing are true and correct based upon the signer's personal knowledge or information and belief. If the forgoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 Pa. C.S.A. X4904 relating to unsworn falsification to authorities. BETH G. CO ESQUIRE Dated: October 9, 2001 ':rk c-> ~, ~, ~~' ; ~ ~j ~ - ~„ ,, ~ ~ ;;. ~=i ~} G ~ ' ~~ ~~ _~: [ !:~ Z ~ ~, ~ ~~ 8/~ a~ - ~ -. "~. .. ~. .. ~~'.e N= _ ram, s_ . ~ravea.~ rm« . nnr e. Yx . Ft °'ez*~Wtadi~ ~ ~ ~1CT 1 0 ZQ~~ ~~ TRI5HA D. ESLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4861 CIVIL TERM WESLEY A. FRY, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _~~ day of , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Trisha d. Eslinger, shall have sole legal custody of Kira Mikell Fry, born June 14, 1985 and Anastasia Janette Fry, born July 14, 1988. 2. The Mother shall have sole physical custody of the children. 3. This Order is entered pursuant to the agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE'COUR~T, J. cc: Marylou Matas, Esquire, Counsel for Mother Wesley A. Fry, pro se 135 East Creek Road ,~,; , i o - is. o/ Newburg, PA 17240 ~UJVf1a~ ~~~~~~~~ ~S:pl~~ ~;t1~(7~£I aF~~m~++~A++MAI. ~N _ y~wz„~s,~.~ .~ :.rr~ns. xvnsws~+ w s+wz¢, irst~mscea~an~a~i ACT ~. Q 20 ~~- TRISHA D. ESLINGER, Plaintiff V. WESLEY A. FRY, Defendant PRIOR NDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4861 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Kira Mikell Fry June 14, 1985 Anastasia Janette Fry July 14, 1988 Mother Mother 2. A Conciliation Conference was held in this matter on October 10, 2001, with the following individuals in attendance: The Mother, Trisha D. Eslinger, with her counsel, Marylou Matas, Esquire and the Father, Wesley A. Fry, pro se. 3. A prior Order of Court in the Court of Common Pleas of the 41St District, Perry County Branch was previously entered by the Honorable Keith Quigley on October 21, 1992 wherein the parties shared legal custody and Mother had primary physical custody with Father having periods of partial custody on alternating weekends and holidays. 3. The parties agreed to entry of an Order in the form as attached. J~-IV-Ui .~- Date cq line M. Verney, Esquire Custody Conciliator :,. ~...____e_.. SHERIFF'S RETURN - U.S. CERTIFIED MAIL n .•' CASE NO: 2001-04823 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAZDAR JO ELLEN VS. TEWMER FAYE E R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,TEWNER FAYE E by United States Certified Mail postage prepaid, on the 14th day of September,2001 at 0000:00 HOURS, at 24 MERKLE RD COLUMBUS, OH 43209 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by 00/00/0000 . on Additional Comments: CERTIFIED MAIL WAS RETURNED TO CUMBERLAND COUNTY SHERIFF'S OFFICE AS UNCLAIMED. tional Comments Sheriff's Costs: Rocketing 18.00 Cert Mail 4.17 Affidavit .00 Surcharge 10.00 .00 32.17 Paid by WILLIAMS CUKER BEREZOFSKY Sworn and subscribed to before me this ~o~ day of (~.~,~, A.D. n Ali. e ~~ pew r t~ honotary So answers• . Thomas Kline Sheriff of Cumberland County on 10/23/2001 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTI-IONOTARY OF CUMBERLArID COUNTY Please list the following case: (Check one) (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) (ac/heck one) JOELLEN BAZDAR No. 01-4823 `7~) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) vs. FAYE E. TEWNER vs. {Plaintiff) (Defendant) The trial list will be called on and !a •9•v3 Trials cocrmence on /-Ja•0~ Pretrials will be held on /a /`'1 G ~ (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01-4823 Civil X~ 2001 Indicate the attorney who will try case for the party who files this praecipe: BETH G. COLE, ES4- and ALAN H. SKLARSKY, ESQ. Indicate trial counsel for other parties if known: JOHN R. NINOSKY, ES This case is ready for trial. Signed: Print Name ~° Date: ~~~ ~ ~ ~ Attorney for: --~ - ca 'pax ~ ~r~: ~-7 ~'r. ,y ~, G?=r;: ~ ~f' YC W C}, ~? ._< -= ;,; :~~ l~ r+ . ~_~.~. ',~ ~~ ~~ ~" .. ._ ,A'i'~E3`F n' -.nv ~,NLVi 4F ~~ vase. ~P'Y@"i T RwttS ~-2nRSx.fy-'pfSti~AR~~~ NOV 0 3 2003 WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, : IN TAE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 01-4823 v. CIVIL ACTION -LAW FAYE E. TEWNER, JURY TRLAL DEMANDED Defendant. ORDER GRANTING THE ADMISSION OF ALANH. SKLARSKY. ESQUIRE PROHAC VICE THIS MATTER having been opened to the Court by Williams, Cuker & Berezofsky, . attorneys for Plaintiff, on Application for an Order Granting Admission pro hac vice of Alan H. Sklarsky, Esquire, and the Court having considered the application, Certification of Beth G. Cole, Esquire and the Certification of Alan H. Sklarsky, Esquire filed in support and compliance with Pa. Bar Admission Rule 301 having been shown; IT IS HEREBY ORDERED on this 3 r ~ day of ~ av ~ --~ ~o ef' , 2003, that Alan H. Sklarsky, Esquire be admitted pro hac vice. BY THE COURT: `~1 ~ ~~! i. ~_~ ~; o ~" ;~ ~ ~ ~° ~~ ~ $ ~i~A~ASNid~ ~~' ~Oi H~ ~'- IlOti £~3 ht~lc,~~~~. c~-~i~~7i~~ WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. FAYE E. TEWNER, Defendant. No. 01-4823 CIVIL ACTION -LAW JURY TRIAL DEMANDED MOTION TO ADMIT ALAN H. SKLARSKY, ESQUIRE PRO HAC VICE AS CO-COUNSEL Pursuant to Pa. Bar Admission Rule 301, Beth G. Cole, Esquire hereby certifies and says: I am an attorney in the Commonwealth of Pennsylvania and an associate with the law firm of Williams, Cuker & Berezofsky, counsel for the plaintiff in the above-captioned matter. I make this certified statement in support of the motion to admit Alan H. Sklarsky, Esquire, to appear pro hac vice in this matter. 2. As set forth in his certification of counsel, Mr. Sklarsky is a member of the bar of the State of New Jersey in good standing in the highest court of that jurisdiction. Mr. Sklarsky has been involved in personal injury litigation for many years, and his experience would be an asset to this case. 3. I have agreed to serve as co-counsel with Mr. Sklarsky in connection with this proceeding. I understand that should this court determine to admit counsel to appear and participate pro hac vice that I or another member of my firm will sign all pleadings, briefs or other papers filed with the court and that the firm of Williams, Cuker & Berezofsky shall be held responsible for them in the conduct of the cause and of Mr. Sklarsky as the admitted attorney herein. WHEREFORE, plaintiff requests that Alan H. Sklarsky be admitted Pro Hac Vice as co-counsel for plaintiff, Joellen Bazdar. WILLIAMS, CUKER & BEREZOFSKY By: BETH DATED: Octobe~, 2003 CERTIFICATE OF SERVICE I hereby certify that I have served a true copy of the foregoing Motion to admit Alan H. Sklarsky, Esquire Pro Hac Vice as Co-Counsel, Certifications of Beth G. Cole, Esquire and Alan H. Sklarsky, Esquire and Proposed Order was served by first-class mail, postage prepaid, to the following counsel of record: John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 WILLIAMS, Ci.JI~gER & BEREZOFSKY BETH DATED: Octob~~, 2003 WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. FAYE E. TEWNER, Defendant. No. 01-4823 CIVIL ACTION -LAW JURY TRLAL DEMANDED CERTIFICATION OF BETH G. COLE. ESQUIRE Beth G. Cole hereby certifies and says: I am an attorney in the Commonwealth of Pennsylvania and an associate with the law firm of Williams, Cuker & Berezofsky, counsel for the plaintiff in the above- captioned matter. I make this certified statement in support of the motion to admit Alan H. 5klarsky, Esquire, to appear pro hac vice in this matter. 2. As set forth in the certification of counsel, Mr. Sklarsky is a member of the bar of New Jersey in good standing in the highest court of that jurisdiction and has agreed to comply with all of the provisions of R.1:21-2, 1:20-1(b) and 1:28-2. 3. I have agreed to serve as co-counsel with Mr. Sklarsky in connection with this proceeding. Of course, his participation is subject to this court's authorization permitting him to appear and participate pro hac vice in this matter. 4. I understand that should this court determine to admit counsel to appear and participate pro hac vice that I or another member of my firm will sign all pleadings, briefs or other papers filed with the court and that the firm of Williams, Cuker & Berezofsky shall be held responsible for him and for the conduct of the cause of them. 5. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements mad b~ me are willfully false, I am subject to punishment. BETH G. DATED: October ~, 2003 WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. FAME E. TEWNER, Defendant. No. 01-4823 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATION OF ALAN H. SKLARSKY. ESQUIRE Alan H. Sklarsky, Esquire, hereby certifies and states: 1. I am an attorney licensed to practice in the State of New Jersey. I am a member in good standing with the State Bar of New Jersey and am able to practice in New Jersey courts. 2. I am associated with the law firm of Williams, Cuker & Berezofsky maintaining a full-time law practice at 210 Lake Drive East, Suite 101, Cherry Hill, New Jersey 08002. I have never been subject to any disciplinary sanctions by any court or any bar association. 4, I am associated in this matter byway of co-counsel, with Beth G. Cole, Esquire, an associate with the law firm of Williams, Cuker & Berezofsky, with offices at One Penn Center, at Suburban Station, Suite 800, Philadelphia, PA 19103. Beth G. Cole is a member in good standing of the bar of this court and is qualified to practice pursuant to the Pa. Bar Admission. I understand that if I am admitted to appear and participate pro hac vice: (a) I shall abide by the rules governing the courts of the Commonwealth of Pennsylvania, including all disciplinary rules. (b) I shall notify this court immediately of any matter affecting my standing at the bar of any other court. (c) I shall have all pleadings, briefs, and other papers filed with the court signed by an attorney of record, authorized to practice in this state who shall be held responsible for them in the conduct of the cause and of me as the admitted attorney herein. 6. This is a motor vehicle, personal injury action and I have substantial experience in personal injury litigation. In particular, I have litigated similar cases in Burlington and Camden Counties, New Jersey on behalf of plaintiffs in personal injury actions and I have spent a great deal of time researching, litigating and negotiating regarding the issues in this case. I respectfully request that this court grant this application on behalf of the plaintiff in the above-captioned matter to permit me to appear and participate pro hac vice. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: October~_, 2003 a t~ o ~ ~F? ~ -o r ;_.. ~.: fit' ~ r ~, -~~ `-' =x'c 0 17 ~~ _ _ ~}a?..x.stty r -..:_,i:..i: t - ..x~te~rz+ar'=„~sJar+.!%6e?'35F=e~'kw."ff~31,;~as-;a&-0x9"nfiNNU9~fi . ,, WILLLAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 01-4823 v. CIVIL ACTION -LAW FAYE E. TEWNER, JURY TRIAL DEMANDED Defendant. PRAECIPE TO RE-LIST CASE FOR TRIAL TO THE PROTHONOTARY: Kindly re-list the above-referenced matter, which is currently listed for a trial call on 12/9/03; Pretrial -12/17/03; and Trial - 1/12/04, to the next term of civil court as follows: Trial List: 2/17/04 Pretrial: 2/25/04 Trial: 3/15/04 John Ninosky, Esquire, counsel for defendant, consents to the adjournment. Attached as Exhibit "A" is correspondence to Taryn Dixon, Court Administrator advising of defense counsel's consent. r BETH G. COL , DATED: December 1, 2003 EX~IIBIT A ~Vil-liams (~uker ATTOFNEYS AT LAW www.wcblegal.com bne Penn Center at Suburban Station 1617 J.F.K. Boulevazd Suite 800 Philadelphia, PA 19103-1819 Q Woodland Falls Corporate Center 210 Lake Drive East Suite 101 Cherry Hill, AlJ 08002-1163 Mark R. Cnner" Gerald J. Williams^ Esther E. Berezofskp^ Beth G. Cole' Andrew E. &ba"g Wendy E. Carr" Kevin Haverty^ Gerald J. Grant Jr.t$ Michael A. Rings Daniel Bencivengan Alan H. Sklazksyr 215.557.0099 215.557.0673 fax 856.667.0500 856.667.5133 fax Of Counsel Jamie C. Rayn Taryn Dixon Court Administrator Cumberland County Courthouse 1 Courthouse Sgaure Carlisle, PA 17103 November 14, 2003 Re: Joellen Bazdar v. Faye Tewner Cumberland County CP No. O1-4823 Dear Ms. Dixon: ~Membe; Pennsylva~da Baz xMembeL New Jersey Baz 6Member Cmu~. & Weeh, D.C. Bar I represent the plaintiff, Joellen Bazdar, in the above action, which is presently on the trial list for January 12, 2004. Please be advised that we request a postponement of the case to the next trial listing on February 17, 2004. The attorney for the defendant, John Ninosky, Esq., does not object to this request. Kindly provide confirmation of the postponement. Thank you. BGC:bec cc: John Ninosky, Esquire ®~ pRAECIPE FOR LISTING CASE FOR TRIAL ~' (Ntust be typewritten and submitted in duplicate) Ri7 THE PRO'PHONDTARY OF CUMBERLAAID COUNTY Please list the following case: (Check one) ~ } 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) JOELLEN BAZDAR No. 01-4823 l7~) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) vs. FAXS E. TEWNER vs. (Plaintiff) (Defendant) The trial 1i5t will be called .on _..?~ ~ 7 in4 and Trials commence on 3 / 15 / 44 Pretrials wi]1 be bald on _.2/25%04 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) ~, 01-4823 Civj 1 X~ 2001 Indicate the attorney who wi17. try case for the party who files this praecipe: BETH G. COLE, ESQ. and ALAN I3. SKLAR5KY, ESQ. Indicate trial counsel for other parties if ]mown: JOAN R. NINOSKY, ESQ. This case is ready for trial. \ Print Natt~eG~ l,' Date: 1 ~ .~ ~= Attorney fors CERTIFICATE OF SERVICE I hereby certify that I have served a true copy of the foregoing Praecipe to Re-List Case for Trial was served by first-class mail, postage prepaid, to the following counsel of record: John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 CUKER & BEREZOFSKY DATED: December 1, 2003 r, ~ ~ ~r > .r m ...: ;-~ ~~_ ri t ,..,y ,, >>, ry,.._. tel "i f~~. ~. ''~.'t ~'>i~ . .C+ _ t "} ? " t? ~ ~_'' ~ C' `CY ~°' ~ ~f . - .. - _ _. :~P9m°e ~., s.. ,mss ~F ~aww~~ ~.. _m _ .,air= ~ r,:~*,~s ,n~4~~ppn ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery ie desired. ^ Pdnt your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, 07 on the front if space permits. 1. Article Addressed to: F E; Tewner >3~1e~:7-e Rd. C®~iaRGgus, OH 43209 A. Received by (Please Print Clearly) ~ B. Date of Delivery C. Signature X v D Agent ^ Atldressee D. Is delivery address tlifferent from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type CertiFled Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. RasMCtetl Delivery? (EM2 Fee) ^ y~ 2. Article Number (Copy from service label) 7099 -3220 0009 1573 3358 01-4823 civil ' PS FOrm .3$11, JUIy 1999 Dorpestic Return Receipt 102595-00-M-0952 ~ ... , #5 JOELLEN BAZDAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FAYE E. TEWNER, Defendant 01-4823 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of February, 2004, before Edgar B. Bayley, Judge, present for the plaintiff was Alan H. Sklarsky, Esquire, and for the defendant, John R. Ninosky, Esquire. This is an automobile accident occurring on November 14, 1997, when Defendant rear-ended Plaintiff, negligence is admitted. Plaintiff suffered soft tissue injuries for which general damages are sought. Estimated time of trial, 2 days. Mr. Sklarsky has a case scheduled for trial in New Jersey the week before our civil term. It is possible that that case will continue during the entire week of our civil term. Our case should be left on the list with the understanding that if we are notified by Mr. Sklarsky that his other case is not resolved and that he must be in trial the week of our civil term, the case will then be continued to be relisted be either counsel for the next term. If the case is being tried on Tuesday, March 16, 2004, Mr. Ninosky has a matter for which this judge agrees he should attend and, on that day only, the trial will end at 3:00 p.m. By the Court, Edgar e ,,~ Alan H. Skiarsky, Esquire 1617 JFK Boulevard, STE 800 Philadelphia, PA 19103 For the Plaintiff John R. Ninosky, Esquire 320 Market Street Harrisburg, PA 17108-1268 For the Defendant pcb Joellen Bandar IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V Faye E. Tewner NO. 01-4823 CIVIL TERM ORDER OF COURT AND NOW, March 17, 2004, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the May 3, 2004 trial term. The Prothonotary is dGrected to relist this case for the May 3, 2004 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. ~3 G. Cole, Esquire H. Sklarsky, Esquire For the Plaintiff ;/John R. Ninosky, Esquire For the Defendant ~ourt Administrator :ld o~.p~ By the Court, ~- ~ <~ ~.3 i~ l_. r $ ~_ r. -.~. _ {~F ~ ` _ ~ W ~ _ ' ' ~_ ~} F* _r _ C+S ~~ BYR~dnn T3w~9A~9~iR$~[4~. $'+rNrvr~ e n.~ ~ ~9R4M<tR~b`ehm my't3Y1-m¢~~{ ~~f( A gQpR~1-8-~ ~ WILLIAIVI[S, CUKER & BEREZOFSKY 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 By: Beth G. Cole, Esquire (ID #39416) Alan H. Sklarsky, Esquire ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, v. FAYE E. TEWNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4823 CIVIL ACTION -LAW Jury Trial Demanded ORDER AN1D NOW, this day of Plaintiffs unopposed motion to postpone the 2004, after consideration of date in this matter, it is hereby ORDERED and DECREED that Plaintiffs Motion is hereby granted and the trial of this matter is carried to the July 12, 2004 term. ~~p~ oa~~ b 7 r w~ a ~S o ~ ~.~ ~ r.~ ~ ~S! N ~ - c1) ~~ iLl ! i i as . _ ~ E? © ~ ~ lV s. .` WILLIAMS, CUKER & BEREZOFSKY 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215)557-0099 By: Beth O. Cole, Esquire (ID #39416) Alan H. Sklarsky, Esquire ATTORNEI'S FOR PLAINTIFF JOELLEN :BAZDAR, Plaintiff, v. FAYE E. TEWNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-4823 CIVIL ACTION -LAW Jury Trial Demanded Defendant. PLAINTIFF'S UNOPPOSED MOTION FOR NEW TRIAL DATE AND NOW, Plaintiff, Joellen Bazdar, by and through her attorney, Williams, Cuker & Berezofsky, hereby requests this Honorable Court to enter an Order removing the within matter from the May 3, 2004 trial term and relisting it for the July 12, 2004 term. Plaintiff respectfully represents the following in support of this request: This is a personal injury case arising out of an automobile accident which occurred on November 14, 1997. 2. This case was originally listed for trial for the March 15, 2004 trial term. The case was not reached during said trial term. r 4. The case was continued by the Court for the May 3, 2004 trial term with no further need to attend the Call of the List. 5. Plaintiff, Joellen Bazdar, is a college student at Harrisburg Area Community College. She requests this postponement of the May 3, 2004 trial listing because her final college exams are scheduled for the week of May 3rd. 6. I previously wrote to the Court Administrator advising of this conflict and was advised that the within motion was required. I have spoken to John Ninosky, Esquire, counsel for defendant, Faye Tewner, in this matter, and he has no objection to a postponement of the present trial date. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order relisting the within matter for the July 12, 2004 trial term. Respectfully submitted, WILLIAMS, CUKER & BEREZOFSKY Attorneys for Plaintiff By: . Skl Dated: ~~~~I G`~ ~hlar 22 04 03:33p Williams Cuker Berezofska (215]557-©673 p.2 5 Joellen Bazdaz : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V Faye E. Tewner N0. 01-4823 CIVIL TERM ORDER OF COURT AND NOW, Mazch 17, 2004, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the May 3, 2004 trial term. The Prothonotary is duetted to relict this case for the May 3, 2004 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. Beth G. Cole, Esquire Alan H. Sklarsky, Esquire For the Plaintiff john R. Ninosky, Esquire For the Defendant Court Administrator ,.: ad By the Court, Y- CERTIFICATE OF SERVICE I, Alan H. Sklazsky, Esquire, certify that I have served a true copy of the foregoing Motion on the individual(s) listed below by facsimile and depositing same in the United States mail, first-class, postage prepaid, addressed as follows: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 . SKL,ARS ,ESQ. Dated: ~~7i~~o`{' ~` ~ ~- N o -U~ ~ a, _r, -~ ~~ ~ ` ~ a r ii ~:- ~ -~rr~ _ c ~': °t °~'n 'D D ~} C.' W Q cj ~i ~ JOELLEN BAZDAR, v. FAYE E. TEWNER, Plaintiff Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE PLEASE mark the above-captioned matter, settled, discontinued and ended. WILLIAMS, CUKER DATE: G ~ ~ l ~~ :229440.1 210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002-1163 Attorneys for Plaintiff r c_- ^' o a C5 -n ~; ~ - µ r-- _ _ ei, m ~ N .i,.~`. _. J-4- ~~,T m ~ sl ~. ~ M1I ., CS'r ~~~ .y =as~..+w:rnsi .w w,~ .. §?de!r~u+iu~:ea