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HomeMy WebLinkAbout01-05236 t RONALD J. HOOVEN, JR., Plaintiff, V. KIMBERLY A. HUGGLER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-5236 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT KIMBERLY A. HUGGLER AND NOW, this the 10~h day of February, 2003, Andrew C. Lehman, Esquire, counsel for the Defendant, sets forth the following required information pursuant to Cumberland County Local Rule 212-4: I. A Statement of the Basic Facts as to Liabilitv. This civil action arises out of a motor vehicle accident that occurred on October 8, 1999, at approximately 3:25 p.m., on the Carlisle Pike near it intersection with Sporting Hill Road in Hampton Township, Cumberland County, Pennsylvania. This accident occurred as the Defendant, Kimberly A. Huggler, (hereinafter "Huggler"), exited a parking lot and at some point, shortly thereafter, pulled into the path of Plaintiff's motorcycle as Plaintiff was in the center turn lane approaching Sporting Hill Road. Huggler admits she was negligent. II. A Statement of the Basic Facts as to Damages. Not applicable to Defendant, however, Defendant understands the Plaintiff will seek $668.16 in past lost wages. Defendant also believes that Plaintiff wilt seek approximately $1837.13 in medical specials. Finally, Defendant understands that Plaintiff will seek to be compensated for his non-economic losses that stem mainly from the injury he sustained to and any residual problems he has with his left fifth finger. III. A Statement as to the Principal Issues of Liability and Damapes. Defendant will admit that she was negligent. Defendant will also admit that her negligence was a substantial factor in causing some harm to the Plaintiff. However, the nature and extent of Plaintiff's injuries and damages as related thereto are for the jury to decide. In sum, the crux of this case is for the jury to put a dollar amount on the Plaintiff's damages. IV. A Summary of the Legal Issues R Exhibits, or Anv Other Matter, and Defendant would oppose Plaintiff's requests to disclose this matter is before the jury on an appeal from arbitration. Furthermore, Defendant would oppose paying Plaintiff's trial costs. The main issue before the Court is Plaintiff's Damages. V. Identity of Witnesses to be Called. Defendant may call Kimberly A. Huggler. Defendant does not anticipate calling any other witnesses, however, Defendant does reserve the right to call the Plaintiff as on cross-examination and any of the individuals identified in Plaintiffs Pre-Trial Memorandum. Additionally, Defendant reserves the right to call any of the Plaintiff's healthcare providers identified through discovery. VI. A List of Exhibits with Brief Identification of Each. A. Photographs of Plaintiff's left hand as exchanged during discovery; B. Photographs of Plaintiffs motorcycle as exchanged during discovery; 2 C. Photographs of the accident scene as exchanged during discovery; D. All of Plaintiff's medical records exchanged through discovery including but not limited to: 1. Medical records from Family Medicine of Middletown; 2. Medical records from Holy Spirit Hospital; 3. Medical records from the Orthopedic Institute of PA; E. Police report of the incident in question; F. Transcript from the parties' and witnesses' depositions for impeachment purposes and/or to refresh recollection; G. Employment records and tax returns of the Plaintiff; Defendant reserves the right to use as an Exhibit any other documents exchanged during the course of discovery. VII. The Current Status of Settlement Negotiations. Defendant has offered $5,600, which has been rejected. Respectfully submitted, NEALON & COVER, P.C. By: Andrew C. Lehman, Esquire -- I.D. #: 81937 2411 North Front Street ~~~~ ~ Harrisburg, PA 17110 Date: 717/232-9900 3 CERTIFICATE OF SERVICE AND NOW, this 10~h day of February, 2003, 1 hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Andrew C. Lehman, Esquire (l •l EEB 1 0 2003 y~~ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff v. KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL ACTION -LAW JURY TRIAL DEMANDED I. Statement of the Basic Facts as to Liability Ronald Hooven was injured in a motorcycle collision which occurred on October 8, 1999 on the Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. Ronald was traveling in the westbound center lane of the Carlisle Pike. Defendant exited a parking lot and moved her vehicle across travel lanes onto the Carlisle Pike directly into the path of Ronald's motorcycle, causing a collision between the two vehicles. Plaintiff was ejected from the motorcycle and suffered injuries as a result of the collision. Defendant has admitted negligence. II Statement of the Basic Facts as to Damages The Plaintiff, Ronald Hooven, sustained non-economic and economic damages. The medical testimony will establish that he sustained the following injuries as a result of this collision: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the lumbar spine; (d) Various contusions and abrasions; (e) Nondisplaced open fracture of the tuft of the distal phalanx of the left fifth finger; (f) Post concussive syndrome; (g) Post traumatic cephalgia; (h) Traumatic brain injury; (i) Left fifth finger contusion and three centimeter laceration with partial skin avulsion and partial nail avulsion along with subungua hematoma; Q) Closed head injury with concussion; (k) Left wrist strain/sprain; (I) Left cubital tunnel syndrome. III List of Types and Amounts of All Damages Claimed (a) Economic damaaes: (1) Medical bills that are not paid or payable by any other source. (2) Past and future wage loss. (b) Non-economic damages: (a) Pain and suffering; (b) Loss of life's pleasures. The amounts of these damages are to be determined by the jury. IV Summary of Legal Issues 1. Is Plaintiff's counsel permitted to advise the jury in his opening statement that this matter is before them on appeal by the Defendant from a decision from an ~' arbitration panel appointed by this Honorable Court? 2. Should the Defendant be ordered to pay the Plaintiff's trial costs if they 'u~0~-- appeal an award of an arbitration panel where the Plaintiff is willing to settle the matter t/"' for less than the arbitrator's award? 3. Should the Court of Common Pleas of Cumberland County order a ~,~-- settlement conference and order a representative of the insurance carrier to attend in any cas+ a in which that carrier refuses to increase the offer of settlement following an award from a panel of arbitrators and the Plaintiff has made a post arbitration demand for an amount that is less than the arbitrator's award? 4. What are the Plaintiff's damages? V Witnesses (A) As to liability: Liability is not contested by Defendant. This is a trial for damages only. (B) As to damaaes: (1) Ronald Hooven; (2) Steven Morganstein, M.D. (3) Witnesses identified but not called by the Defendant; 1~Ati~~ -V _~ (4) Records Custodian as may be necessary to authenticate any damages exhibit presented by the Plaintiff; (5) Witnesses as may be necessary to rebut testimony presented by the Defendant. VI Exhibits Plaintiff Vntends to use at Trial 1. Videotape of deposition of Dr. Morganstein of February 21, 2003; 2. Chronological set of medical records, both pre- and post-collision; 3. Medical Bills Summary with supporting medical bills. 4. Wage information form. 5. See report of Dr. Steven Morganstein dated April 18, 2002 attached as Exhibit "A". 6. See Curriculum Vitae of Dr. Steven Morganstein attached as Exhibit "B". 7. Exhibits identified but not utilized by the Defendant. VI Estimated Length of Trial Yz day. IX Current Status of Settlement Negotiations Allstate's offer of settlement was $5,600. This matter was listed for compulsory arbitration and just prior to the compulsory arbitration, Plaintiff reduced his demand to $9,000. Allstate rejected that demand. At that time, Michael Smoluk, the adjuster indicated to Plaintiff's counsel that he could likely get additional authority if the award was "high enough". The matter than went on to arbitration and the arbitrators issued an award in the amount of $18,500 plus delay damages in the amount of $73.09. Following the entry of the award, Plaintiff's counsel sent a letter to Allstate again attempting to settle this case, this time in the amount of $12,087.00. Ron Graham, claims manager at Allstate then told Plaintiff's counsel that Allstate had a policy of Allstate then directed counsel to appeal this case. Plaintiff believes that this defeats the purpose of the compulsory arbitration system if the insurer indiscriminately appeals cases and then refuses to settle them even for amounts substantially less than amounts awarded by the arbitrators. Plaintiff respectfully requests that this Honorable Court Order a settlement conference and order that a representative of Allstate Insurance Company attend the conference. In addition, the Plaintiff requests this Court order that the Defendant shall pay the Plaintiff's costs. SHOLLENI~ERGER & JANUZZI, LLP By: Dated: February.3 , 2003 _, April 18, 2002 Timothy A. Shollenberger, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road PO Bos 60545 Harrisburg, PA 17 106-0545 RE: RONALD HOOVEN ACCT: 26842 Dear IVfr. Shollenberger: A~Ir. Ronald Hooven was seen for Independent Medical Evaluation'in the office today. Mr. Hoovers is a 31 year old right hand dominant male. who was involved in a motor vehicle accident_9n 10-8-99. He reports at that time he was driving his motorcycle when a vehicle pulled out in front of him into his lane of traffic: He_ ieports he struck the rear quarter panel of the vehicle and was thrown off his motorcycle. He reports he does not recall all the specifics of the accident but feels as if he landed on his back. He did strike his last hand but is unsure how this occurred. He was immobilized and placed into a hazd cerc~cal collaz and was taken ~~a ambulance to Holy Spirit Hospital Emergency Room for evaluation. He reports he did develop some stiffness in his neck, low back as well as both of his knees. He was treated with rest and medications and all those symptoms resolved. He did however require additional treatment for his left fifth finger. He reports the finger was "mangled". He required suturing of a laceration. He did also undergo x-rays. There aze no films or x- ray reports available at this time however according to a report from the Emergency Room physician on 10-8-99, the left finger x-rays showed a `hlon-displaced fracture of the tufted of the distal phalanx. Mr. Hoovers reports that he went back sometime later to have his sutures removed. He reports he had one additional ~ssit regarding his left finger sometime later with his family physician. He was treated with ananti-inflammatory medication. He reports he has had continued numbness and decreased control of the fifth digit of the left hand since the time of the accident. He had been very' active as a guitar player in the past and reports he was unable to play the guitaz following the accident because of his left fifth finger injury. He reports recently he has sdl] tried to play occasionally but reports "it's just not there anymore". I tried to ask him specifically the types of problems he is having. He reports that he is not able to utilize the fihger well enough to play as well as he would like or to play as he use to. He has not had any additional recent treatment or diagnostic testing. In addition to the numbness sensation he reports occasional pain in the fmger particularly during activities. He does work as a warehouse. worker and is generally able to tolerate his work activities as the finger does not interfere. He reports he primarily lifts with the right hand as well as utilizing the other digits on the left side. He reports if he would suddenly bump the fmger unexpectedly, he would experience a short episode of increase discomfort. He reports no additional difficulties with any specific activities. PAST-n'fEDICAL HISTORY Bronchitis. $j - EXHIBIT S ~_ ~~~~~ P~ Physicians of Rehabilitation, Industrial v Spine Medicine, P.C A Sprttnrm of Mrdva7 Servira to Rrtmrc tdr QuoLty of L frr Phytical Medicine - Rehabilitation flettrodiagnosis ,t``i '~'S .w. Michael F. LuPinacci, MD _ Si Uan Do, MD William A. Rnlle, Jn, MD Daniel C. DeEalcis, MD - Evere¢ C. Hills, MD, MS Steven E. Aforganscein, DO Julia DePury, PA-C Jennifer L. Tanne4 PA-C Rebecca H. LingenEeleeq PA-C ~incenc J. Reed, PA-C Dlaria Trces, PA-C 175 Lancas[tr Boulet'ard P.O. Box 202E Mechanicsburg, PA 17055 Phone 717 691-3755 - -- fax 717 691-3834 }50 Powers Arenue - Rear Enaance Harrisburg, PA 17109 Phone 717 561-4242 Faz 717 561-4903 n'n~c.Prismdrs.tom email in(oC Prismdrs.com Page 2 Ronald Hooven 4-18-02 PAST SURGICAL HISTORY: Bone spur removed from right great toe. MEDICATIONS: None. ALLERGIES: NKA. SOCIAL HISTORY: He works as a wazehonse worker for the New Cumberland Army Depot. REVIEW OF SYSTEMS: Is as stated above. PHYSICAL EXAM: There is full range of motion noted at the left wrist in all planes. Additionally, there is full 5/5 strength of the left wrist. Grip strength on the left is decreased compazed to the right. A 7amaz dynamometer was utilized to test hand strength bilaterally. Three trials were performed on each side. Grip strength on the right on all three trials was between 100 and 110 pounds. Grip strength on the left was decreased between 40-50 pounds on all three trials. There is weakness noted on testing at the DIP and PIP joints at the left fifth digit. Additionally there is decrease sensation noted both along the rapidal and ulnaz aspect of the fifth digit from the PIP joint distally to the fingertip. There is no evidence of any localized tenderness. There is no evidence of any edema. The remainder of the fingers reveal full strength and range of motion at all joints. Additionally light touch sensation is intact throughout the remainder of both hands. Tinel's testing over the median and ulnaz nerves at the wrist aze negative. Additionally Tinel's testing over the ulnaz nerve at the elbow is negative. I reviewed medical records some of which aze related to the accident and others dating back to 1976 regazding other medical problems. He did sustained a previous injury to the left wrist as a result of a football injury. In November of 1986, he additionally has been treated for other various orthopedic injuries but I find no evidence of any previous injury to the left fifth digit or any previous history of left fifth finger pain or numbness. Additionally, I reviewed the Emergency Room records from Holy Spirit Hospital regazding injury sustained as a result of the motor vehicle accident. It does appeaz that Mr. Hooven was placed into a splint for the left hand after the accident occurred. He did undergo an x-ray which did reveal a non-displaced fracture as previously mentioned. There is a report of an x-ray of the left wrist which reveals no evidence of fracture. Page 3 Ronald Hooven 4-18-02 IMPRESSION: It i5 my opinion at this time that Mt. Hooven sustained anon-displaced fracture of the distal phalanx of the left finger as well as a laceration of the left fifth finger as,a result of his motor vehicle accident on 10-8-99. He does have residual weakness and numbness ofthe finger. I believe the numbness is likely related to digital nerve injury which at this point now, 2 %: years later, is likely to remain unchanged as I do not expect he would have any significant further recovery. He does have residual weakness of his finger flexion at both the PIP and DIY joints. I believe he likely sustained injuries to the flexor tendons of the fifth digit as cveA. This I believe has resulted in co~nued weakness and difficuky utilizing the finger during fine motor activities. It is unlikely that any treatment at this time would provide him any substantial improvement. I do not believe that he would be significantly limited with regards to heavy lifting activities as the fifth digit plays only a minor role in lifting however again I believe that he will be restricted with activities requiring more fine motor control. For his specific situation, he will likely cwrtinuato have difficulty with guitar playing. Sincerely, Steven E. Morganstein, D.O. Physical and Rehabilitation t SEM/jah Dictated: 4-18-02 Transcribed: 4-22-02 _ N0.062 D0: 09%25/2002. 16:09 PRISM ~ 717 2348212 ' {SO POWERS AYENUE P6aos (717}S6I4342 FL~IRITSE~IJ~R~6,jPA~771~097'~ Pu~(717}561903 ~ S 1 J.,i V ~'i1V r'1 l YY 1"11W MORGANST'~I~T, D.O. R)affesaskns! 2601 •Present PRISM,P.C. Iiattisbtug, PA ~-~ Phyal~ 1969-Present Pinnacle Health Systems Harrisbwg, PA ibYedical bireetor 17ivisiw afPMbtR 1994.2601 Atlingtao Rehab and SpaRa Harrisburg„ PA Medtul Dlreesor Fduf~lon May 1990 Philadelpi7ia Collago ofOataopatlilc Philadeiphia, PA Medicine OoctoralO~ffiop~J1k Me1lklne May 1986 Emory University AOelrta. GA Baellelor of Arta, Biologry Mad'Ret 3t8i<t Assidancy-Physical Medieina and Rehabilitation Nationai Rehabilintion Hospita4 Washington d.C. July, 1991-June, 1994 Rotating intParlship Suburban Gwlerai Hospital, July 1990-June 1991 Norristown, PA Fionols Chief Rwidmt, April 199~Odober 1993 National Rehabi]imtion Hospital, Washington, D.C. Outstanding Resident, Clam of ]944 National Rehabilitation Hospital, Washington, D,C. Dean'sLiat, 1992-198b Emory University, Atlanta, GA EXHIBIT _~- 09/25/2002 16:09 , PfOfeS'Bi trtamtter i t tts Bond and Peasarte! ~ PRISM a 717 2348212 _. N0.062 DO~ American Osteopad~ic Association, 1490-Present Amerieatt Academy of Physical Medicine and Rehabilitation,1991-Present American Osteopathic Sociay of Sports Medicine, 1941-Present ' Physiatric Association of Spine, Sports and Ocapationsl Rdtabilitatim (PASSDRj 2994.Preseut Amerirm Academy of Ilisabi)ity Evaluation Physicians, 1994-Present Intematianal Spinal tnjeetian Sectary, 1995-Aeseat Americm Osteopathic College of Rehabilitatim Medicine, 1995-Ptcsent "Management of the patient with Chronic Pain Syndrome". Presented at Community General Osteopathic Hospital Grand Rounds, Septmttber 1996_ "A'compatison of functional outmme mnsutes in musculoskeletai patiarts in an inpatient rehabilitation aetiirte." Presented at the American College of Rheumatology ragienal meeting New Yarlt, New York Iuae 1494. "tJaing Doppler sNdies to saeen S,r DVT is stroke patients" Stroke Rehabilirati Conferenrx, Washington, D.C., November 1993. "The Ang4' Patient ° Spina] Cord ]njury Symposium, Arlmgtan, Virginia, February, 1992. "Post-Traumatic Epilepsy." Chand Rntmds Presentation, National Rehabilitatim Hospital, Washingtot, D.C, Iune ]992. Board Certified, Amcican Academy of Physical Medicine and AehabilitaHm PaR 1, May, 1994 Part I2, Itivlay 1995 Feliflw, American Academy of Disability EvaiuaYutg Physicians, October 3, 1995 Diplomats, Natimal Board oPOs[eopathic Medicine Examiners PwtnsylvaniaLicmt~NumberOS-008bfi0-L -- - Data of Birth 9una 5, 1464-Baltimarq Maryland Maritatl' Smtw Married-Phylmme Oken, October 23, 1988 CERTIFICATE OF SERVICE AND NOW this .3 day of February, 2003, I hereby certify that I have served the following Plaintiff's Pre-Trial Memorandum on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew C. Lehman, Esquire NEALON AND GOVER 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys By: Attorney I.D. #34343 Dated: February, 2003 RONALD J. HOOVEN, JR., Plaintiff v. KIMBERLY A. HUGGLER, Defendant CML ACTION -LAW NO.O1-5236 CIVIL TERM PLAINTIFF'S MOTION FOR SETTLEMENT CONFERENCE ORDER OF COURT AND NOW, this 6~' day of February, 2003, upon consideration of the above motion, a settlement conference is scheduled in chambers of the undersigned judge for Thursday, February 13, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Timothy A. Shollenberger, Esq. 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Attorney for Plaintiff Andrew C. Lehman, Esq. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,Gn~tLCa nv,.a.;,2e~L 1- b 7.0.3 ~~ :rc i ~.' ~. .d 4 ~~ I ~~ "~ ~ •~'.:I':'~ ~. i SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff v. KIMBERLY A. HUGGLER, Defendant JAN 3 0 ~npp tr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL ACTION -LAW JURY TRIAL DEMANDED AND NOW, this day of 2003, upon consideration of Plaintiff s Motion for Settlement Conference, said conference is hereby scheduled for 2003, beginning at 'clock _.M. in Courtroom #_ of the Cumberland County Court House. Those present at the conference shall include Plaintiff's counsel, Plaintiff, Defendant's Counsel and a representative of Allstate Insurance Company. BY THE COURT: J. Motion - Hooven, Ron -Motion for Settlement Conference SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KIMBERLY A. HUGGLER, Defendant NO. 01-5236 CIVIL ACTION -LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, RONALD J. HOOVEN, JR., by and through his attorneys, Shollenberger & Januzzi, LLP, and does respectfully represent the following: 1. The above captioned action was initiated by the Plaintiff for personal injuries he received in a motor vehicle collision that occurred on October 8, 1999. 2. Negotiations in this matter proceeded with Allstate making an offer of settlement in the amount of $3,400.00. 3. A few days prior to the arbitration, Plaintiff reduced his demand to $9,000.00 in an attempt to get this matter resolved. Allstate increased their offer to $5,600.00 and the matter proceeded to compulsory arbitration. 4. The compulsory arbitration panel heard the evidence of this matter and issued an award of $18,500.00 plus delay damages in the amount of $73.09. Motion - Hooven, Ron -Motion for Settlement Conference 5. Following the entry of the award, Plaintiff once again attempted to settle this matter. Plaintiff's counsel sent a letter to Allstate on November 4, 2002 seeking to settle this matter for substantially less than the amount of the arbitration award or in the amount of $12,087.00. The letter sent to Allstate is attached hereto and incorporated by reference herein as Exhibit "A". 6. Allstate Insurance Company refused to increase their offer even one penny and appealed the decision of the compulsory arbitrators. 7. The compulsory arbitration system is a vital part of the system of justice in the Commonwealth of Pennsylvania and it is wasteful of the Court and the County's time and resources to have to retry a case that should settle following an entry of an award of an arbitration panel, particularly when the Plaintiff is willing to accept a fraction of what the arbitrators have awarded to avoid proceeding with trial. 8. Plaintiff therefore respectfully requests this Honorable Court issue an Order compelling the Plaintiff's counsel, Plaintiff, Defendant's Counsel and a representative of Allstate Insurance Company to appear before this Honorable Court for purposes of a Settlement Conference. 9. A deposition of our independent medical examiner, Dr. Morganstein, is scheduled for February 21, 2003. Plaintiff's cost for the taking of this deposition is $1,275.00. Plaintiff respectfully requests that this Honorable Court issue an Order to have Allstate pay the costs of Dr. Morganstein's deposition. Motion -Hoover, Ron -Motion for Settlement Conference WHEREFORE, the Plaintiff respectfully requests this Honorable Court to set up a Settlement Conference on or before February 21, 2003. Respectfully submitted, SHOLLEpd~~RGER & ~QNUZZI, LLP By: A. Sholl~fibe I.D. # 34343 Date: I - ~ Z$ ° 0 3 Mo[ion - Hooven, Ron -Motion for Settlement Conference TIMOTHY A. SHOLi.ENBERGER xAxl.I. JANUZZI Andrew C. Lehman Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 RE: Hooven v. Huggler Dear Andy: November 4', 2002 (717) 234.3700 -- FAX (717) 234.8212 with ofBc's in Etualxthville (717) 362.8472 w;ut«-B3tt~ (s7o) azz.o711 My client is willing to settle this matter for the average of the $5600.00 that was Allstate's last offer and the award of the arbitrators. This figure is $12,087.00. This offer will remain open until November 15, 2002 at which time it will be withdrawn. Thank you very much. I await your response. Very trey yours, A. Sholienberger TAS:jd G'1GLOBAL\WPDATAIDGCS\Tim VJak110.31 -02.wptl SHOLLENBERGER &. JANtIZZI, LLP 18201A1GLESIOWN AOAD P. O. SOX 6D515 HARRISBURG, PA. 17106-0545 Writer's Direct E-mail - tas~shollianlaw.com EXHIBIT -~_ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff v. KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL ACTION -LAW JURY TRIAL DEMANDED AND NOW, this 24 day of 2003, I hereby certify that I have served the following Motion for Settlement C ferenc on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew C. Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SH 2''~ Date: ~~ 1' UZZI, LLP Motion - Hooven, Ron -Motion for Settlement Conference C7 c'r ;,y C c..~ ~' i ti tr ~~`' ^- .'n - C13 .--' ~ lD ; _ -C <.-. _ , z ~~ ~_,~ Z C_ ~ ~ i i ~ -l„ •J f. ~~ RONALD J. HOOVEN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.O1-5236 CIVIL TERM KIMBERLY A. HUGGLER, Defendant NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Tuesday, October 29, 2002, at 2:00 P.M., in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard together with your witnesses and your counsel, if you so desire. Should this time be inconvenient to a party, the party may obtain a new time, reserve a room and obtain cleara~ice from all parties and arbitrators. Date: September 9, 2002 Wayne .Shade, Esquire Chairman Charles P. Mackin, Esquire Tricia D. Naylor, Esquire COPIES TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, Pennsylvania 17106 WAVNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle. Pennsylvania 17013 Andrew C. Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, Pennsylvania 17110 Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 Bulletin Board Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 WAYNE F. SHADE Attorney at Law 53 West Pomfre[ Street Carlisle, Pennsylvania 17013 ti WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717)243-0220 FAX (717) 249-0017 FACSIMILE COVER SHEET DATE: September 9, 2002 TO: Charles P. Mackin, Esquire TOTAL NO. OF PAGES, INCLUDING COVER SHEET: 3 DOCUMENT NAME OR SUBJECT: Hooven v. Huggler MESSAGE If you do not receive all pages or have any other problems with this transmission, please call us at (717) 243- 0220. WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717)243-0220 FAX (717) 249-0017 FACSIMILE COVER SHEET DATE: September 9, 2002 TO: Tricia D. Naylor, Esquire TOTAL NO.OF PAGES, INCLUDING COVER SHEET: 3 DOCUMENT NAME OR SUBJECT: Hooven v. Huggler MESSAGE If you do not receive all pages or have any other problems with this transmission, please call us at (717) 243- 0220. TRANSMISSION VERIFICATION REPORT w TIME 09/09/2002 13:47 NAME WAYNE SHADE FAX 7172490017 TEL 7172430220 DATE,TIME 09109 13:46 FAX N0./NAME 2143703 DURATION 00:00:38 PAGE(S) 03 RESULT OK MODE STANDARD ECM S TRANSMISSION VERIFICATION REPORT TIME 09(0912002 13:49 NAME WAVNE SHADE FAH 7172490017 TEL 7172430220 DATE,TIME 09109 13:48 FAH NO./NAME 2588379 N 0:00:59 PAGE(S) 0 RESULT OK MODE STANDARD ECM SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 RONALD J. HOOVEN, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KIMBERLY A. HUGGLER, Defendant NO. 01-5236 CIVIL ACTION -LAW TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy A. Shollenberger, Esa.. counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 25.000 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case as counsel or are other-wise disqualified to sit as arbitrators: Any member of the firm of Nealon and Gover or anyone who does work for Allstate Insurance Company WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF G„~r~ RN~f1~OW, ~~ 200v~, in cQnsideratipn of the foregoing eti~ tion,, ~-+~ ~C~L~~ Es .(Fd~.B~ /~Ilu-/4~+u Esq., and ~lit~-~a.J Esq., are appointed arbitrators in the above-captioned action as prayed for. By the C P. . G:\W P~ATA\OOCS\Gwenn\arbiVation\HOOVen, Ron petition far appointment of arbitrstors.wpd ~ '6v0. ~ ~ ~. ~ p c ~ -n P ~ ~. ^~o ~ ~ ~~ ~ ~~~ -gyp z{~ ~~ ~,r. W ~~N~;~~sr!r~~~ r~ ~~{ ~°i~ ~ ~ iC~~ ~~ ~rC.,._ ~ -. , 'l/'u rn, RONALD J. HOOVEN, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-5236 CIVIL KIMBERLY A. HUGGLER CIVIL ACITON -LAW IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, August 19, 2002, the Court having been informed that Jon F. LaFaver, Esquire, cannot serve as Chairman of the Arbitration Panel in the above matter, his appointment is vacated and Wayne Shade, Esquire, is appointed in his stead. Charles Mackin, Esquire, and Tricia D. Naylor, Esquire, shall remain on the panel. By the Court, Geor a E. Hoffer, P.J. Jon F. LaFaver, Esquire Wayne F. Shade, Esquire Court Administrator RONALD J. HOOVEN, JR. PLAINTIFF V. HIMBERLY A. HUGGLER, DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-5236 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Kimberly A. Huggler, regarding the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: s Date: 09/21/01 Atty. LD. #81937 2411 North Front Street Harrisburg, PA 17110 (717)232-9900 ___ _ CERTIFICATE OF SERVICE AND NOW, this 21st day of September, 2001, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Andrew C. Lehman, Esquire r f.. ~.- ~~} "Li C "~~ 'i = r _ ~J U~ -`" U' : ~ _ - t ~ {T.l ~~ ~~7 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05236 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOOVEN RONALD J JR VS HUGGLER KIMBERLY A RONALD MCKILLIP Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUGGLER A the DEFENDANT at 1208:00 HOURS, on the 20th day of September, 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KIMBERLY A HUGGLER 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 18.00 Service 23.40 Affidavit .00 Surcharge 10.00 .00 51.40 Sworn and Subscribed to before me this ,~ P ~ day of _~,~G s,.~.a~ oZdy l A . D . ~~ ~~~ ~ P othonotary ' So Answers: ~ .~'i`*'; ~~..: ~~Y:',~-,gym ~,~~~'~ R. Thomas Kline 09/20/2001 SHOLLENBERGER & JANUZZI By : nn'' CJC~ t '~ Deputy S eriff ~. CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RONALD J. HOOVEN, JR TERM, -VS- CASE N0: 01-5236 RIMBERLY HUGGLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice 'of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05~16~2002 S onbh ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DE11-333709 9 2 4 2 7- L 0 1 CONII~~iONWEALTH OF PENNSYLVANIA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RONALD J. HOOVEN, JR TERM, -VS- CASE N0: 01-5236 KIMBERLY HUGGLER OP INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSIIANT TO RULE 4009.21 NSW CDlDTERLAND ARMY DEPOT EMPLOYMENT HOLY SPIRIT HOSPITAL MEDICAL RECORDS ORTHOPBDIC INSTITOTE OF PA MEDICAL BECORDS FAMILY MEDICINE OF MIDDLETOWN MEDICAL RECORDS T0: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of ANDREW C. LSHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the anbpoeaa. If the twenty day notice period is waived or if no otijectioa is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/26/2002 MCS on behalf of CC: ANDREW C. LEHMAN, ESQ. - 01-406 ANDREW C. LEHMAN, ESQ. Attorney for DEPENDANT Any questions regarding this matter, contact THE MCS GROIIP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185823 92/+27-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. VS KIMBERLY A. HUGGLER • File No. 01-5236 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NEW CUMBERLAND ARMY DEPT. (Name of Pennon or Entity{ Within twenty (20) days after service of this sub~oenp,yyu~y~prdered by the court to produce the following documents or things: bb""EE>~; AA~'fI~~L1~~AAll;;riri llll at MCS GROUP INC., 1601 MARKET ST., (1800, PHILA.>PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANDREW C.LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT ` ^05/16/2002 BY THE COURT: 'DATE: ~!// Prothon~ r -7- ,M 1,~~ .J Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEW CUMBERLAND ARMY DEPOT DEFENSE DISTRIBUTION REGION EAST; BLDG 81 NEW CUMBERLAND, PA 17070 RE: 92427 RONALD J. HOOVEN, JR. Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salazy reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :RONALD J• HOOVEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17010 Social Security #: 167-60-5681 Date of Birth: 02-28-1971 SUlo-370870 9 2 4 2 7- L 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SIIBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: RONALD J. HOOVEN, JR -VS- COURT OF COMMON PLEAS TERM, CASE N0: 01-5236 KIMBERLY HUGGLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed oz delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, i3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/16/2002 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DE11-333710 9 2 4 2 7- L 0 2 COMMONWEALTH O F PENNSYLVANIA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RONALD J. HOOVEN, JR TERM, -VS- CASE N0: 01-5236 KIMBERLY HUGGLER NEST C@ffiHRLAND ARKY DHPOT B!lpLOYMENT HOLY SPIRIT HOSPITAL lHLDICAL BECOBDS ORTHOPEDIC INSTITDTE OP PA FIIO)ICAL RECORDS PARLEY M6DICINS OF FD.DDLETOWN SlBDICAL RHCOBDS 'P0: TIMOTHY A. SHOLLENBERGER,SSQ. FR:S on behalf of ANDREW C. LEHFlAN, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belor in rhich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no olijectioa is made, they the subpoena slay be served. Complete copies of any reproduced records may be ordered at your ezpense b7 completing the attached counsel card and retuzaing same to lR:S or by contacting our local FR:S office. DAYS: 04~26J2002 CC: ANDREW C. LEHlSAN, ESQ. - 01-406 Any questions regarding this matter, contact FICS on behalf of ANDREW C. LEHlSAN, ESQ. Attorney for DEFENDANT THE FIGS GRODP INC. 1601 FIARRBT STREET X800 PHILkDEi.pHIA, PA 19103 (215) 246-0900 DE02-185823 9 2 4 2 7- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. VS KIMBERLY A. HUGGLER File No. 01-5236 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this sub~agty, ypFt~y~prdered by the court to produce the following documents or things: EE AA~~1l 1i~~A~li U at MCS GROUP INC., 1601 MARKET ST.> I1800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things ntquested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANDREW C.LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT [Dth ATTORNEY FOR: DEFENDANT 05/16/2002 DATE: Seal of tfie Court ~CYY. 7/97 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 92427 RONALD J. HOOVEN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject :RONALD J• HOOVEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17070 Social Security #: 167.60-5681 Date of Birth: 02-28-1971 SU10-370872 9 2 4 2 7- L 0 2 CERTIFICATE PREREQDISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RDLE 4009.22 IN THE MATTER OF: RONALD J. HOOVEN, JR -VS- COURT OF COMMON PLEAS TERM, CASE N0: 01-5236 KIMBERLY HUGGLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice 'bf intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. , MCS on behalf of DATE: 05/16/2002 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DE11-333711 9 2 4 2 7- L 0 3 COL•21r1ONWEALTH OF PENNSYLVANIA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RONALD J. HOOVEN, JR TERM, -VS- CASE N0: 01-5236 KIMBERLY HUGGLER NEW CDi~BRLAND ARHY DEPOT ffiIPLOYIBiNT HOLY SPIRIT HOSPITAL lH;DICAL $BCOBDS ORTHOPEDIC INSTITOTE OP PA l0iDICAL BHCOBDS FAMILY MEDICINE OF tIIDDLET0i1N !DD)ICAL BBCORDS T0: TI?B)THY A. SHOLLENBSRGBR,BSQ. NCS on behalf of ANDREW C. LSHMAN, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have [vasty (20) days frc® the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if ao objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/26/2002 CC: ANDREW C. LEHMAN, ESQ. - 01-406 MCS on behalf of ANDRHW C. LBHMAN, ESQ. Attorney for D$FENDANT Any questions regarding this matter, contact THB MCS GROIIP INC. 1601 MARHET STREHT /800 FHILADBLPHIA, PA 19103 (215) 246-0900 DE02-185823 9 2 4 2 7- C 0 1 .COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. VS KIMBERLY A. HUGGLER File No. 01-5236 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA IName of Person or Entity) Within twenty (20) days after service of this sub~Enp,ypu~y~$rdered by the court to produce the following documents or things: Aw~~1l 1l~~Al:ri at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 (Addreaa) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing tfie copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days aher its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANDREW C.LEHMAN, ESQ. ADDRESS: 2411 NORTR FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID 8: ATTORNEY FOR: DEFENDANT 05/16/2/0}02 DATE: ~~~ ~/> Seal of the Court ('per. 7(97} EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA 875 POPULAR CHURCH ROAD CAMP HILL, PA 17011 RE: 92427 RONALD J. HOOVEN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RONALD J• HOOVEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17070 Social Security #: 167-60-5681 Date of Birth: 02-28-1971 SU10-370874 9 2 4 2 7- L 0 3 CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RULR 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RONALD J. HOOVEN, JR TERM, -VS- CASE N0: 01-5236 KIMBERLY HUGGLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/16/2002 ANDREW C. LEHMAN, ESQ. Attorneq for DEFENDANT DE11-333712 9 2 4 2 7- L 0 4 C OMNIO NWEAL T H O F P ENN S YLVAN =A COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RONALD J. HOOVEN, JR TERM, -VS- CASE N0: 01-5236 KIMBERLY HUGGLER NEIJ COliBHRLAND ARMY DEPOT SMPLOYl16NT HOLY SPIRIT HOSPITAL MEDICAL BHCOBDS ORTHOPEDIC INSTI20TB OP PA M®ICAL HSCOHDS FAMILY MEDICINE OP lffDDLETONN MEDICAL BECORDS TO: TIl~THY A. SHOLLBNBERGER,ESQ. FH:S on behalf of ANDBE(i C. LEH!lAN, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have treaty (20) days from the date listed helot in which to file of record and serve upon the undersigned an objection to the snbpoena. If the treaty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to FICS or by contacting our local MCS office. DATE: 04/26/2002 CC: ANDSSW C. LEH!lAN, ESQ. - 01-406 Any questions regarding this matter, contact MCS on behalf of ANDREW C. LE9MAN, ESQ. Attorney for DEFENDANT THE FIGS GROIIP INC. 1601 FIARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185823 9 2 4 2 7- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. VS KIMBERLY A. HUGGLER File No. 01-523b TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE OF MIDDLETOWN (Name of Peron or Entity) Within twenty (20) days after service of this sub~ogna,youu~~$rdered by the court to produce the following documents or things: E AA~~~~''1lAA at MCS GROUP INC., 1601 MARKET ST., IFS00, PHILA.,PA 19103 (Addreaa) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it: THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANDREW C.LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID ff: ATTORNEY FOR: DEFENDANT 05/16/2002~~} DATE: _~ ~~ `5"" "p~- Seal of the Court . ~ ~LfC. ~~9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE OF MIDDLETOWN 1022 NORTH UNION ST. MIDDLETOWN, PA 17057 RE: 92427 RONALD J. HOOVEN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :RONALD J. Ii00VEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17070 Social Security #: 167-60-5681 Date of Birth: 02-28-1971 SU10-370992 9 2 4 2 7- L 0 4 r, -~ - n c: - _> -~, T, ~~; , ~ ~~~: : ~~ ~;T_, y ';j -- rn ~ ~ . ' 'a .,ma c,a - c ~~ 8!-~ ... . . RONALD J. HOOVEN, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V• NO. 01-5236 CIVIL ACTION - AT LAW KIMBERLY A. HUGGLER, Defendant. JURY TRIAL DEMANDED ANSWER 1. Admitted upon information and belief. 2. It is admitted that the Defendant is Kimberly A. Huggler, an adult individual who currently resides at 3820 Conestoga Road, Camp Hill, Pennsylvania 17011. 3.-16. Denied as stated. However, it is admitted that on October 8, 1999, at approximately 2:25 p.m. on the Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania, Defendant, Kimberly A. Huggler, was driving a 1989 Honda Accord with registration BTX-361; it is further admitted that at the same time and place, Plaintiff, Ronald J. Hooven, Jr., was operating a 1999 Harley Davidson Sportster, registration 4RT9F. It is further admitted that as Defendant Huggler was entering the turning lane in the westbound direction on the Carlisle Pike, the Plaintiffs motorcycle came into contact with the rear of Defendant's vehicle. To the extent that further factual averments are made, they are denied as Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment, and proof is demanded at trial; any remaining averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 17. Admitted upon information and belief. 3 1 WHEREFORE, Defendant, Kimberly A. Huggler, demands judgment against Plaintiff and in favor of Defendant. Date: (/ -/-~L Respectfully submitted, NEALON & COVER, P.C. ter. By: _ An ew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 ., s VERIFICATION I, KIMBERLY A. HUGGLER, verify that the statements made in the foregoing ANSWER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: ~3'd~ ,~ f'.VYY~V KIMBERLY A! HUGGLER ,, CERTIFICATE OF SERVICE AND NOW, this 1St day of November, 2001, I hereby certify that I have served the foregoing ANSWER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 s'' .' i Andrew C. Lehman, Esquire r C. e.., c. _-- , ~: '- r. i , - ~t u~ - n.> <= ~ -~, •- ,~ L ~- ' .,- ~ : ~ _ vh ..~ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KIMBERLY A. HUGGLER, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED `~, tJ~~~',~(]~}(~ t~,,,'` , YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717)232-7536 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KIMBERLY A. HUGGLER, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la petition do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717)232-7536 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 RONALD J. HOOVEN, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KIMBERLY A. HUGGLER, Defendant NO. CSI' S2,3b ~w~L~~"1 CIVIL ACTION -LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff(s), Ronald J. Hooven, Jr., by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: SINGLE COUNT COMPLAINT 1. Plaintiff, Ronald J. Hooven, Jr., is an adult individual who currently resides at 538 Market Street, 2"d Floor, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant, Kimberley A. Huggler, is an adult individual whose last known address is 610 Bridge Street, Floor 2, New Cumberland, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on October 8, 1999, at or about 2:25 PM on the Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Ronald J. Hooven, Jr., was the operator Pleadings All\Hooven, Ron -Complaint ofi a 1999 Harley Davidson Sportster. 5. At the aforesaid time and place, Defendant, Kimberly A. Huggler, was the operator of a 1989 Honda Accord. 6. At the aforesaid time and place, Plaintiff, Ronald J. Hooven, Jr., was traveling in the westbound center lane of the Carlisle Pike in the aforesaid 1999 Harley Davidson Sportster in Hampden Township, Cumberland County, Pennsylvania. 7, At the aforesaid time and place, Defendant, Kimberley A. Huggler, was waiting in the Rite Aid exit area to enter onto the Carlisle Pike. 8. At the aforesaid time and place, Defendant Kimberly A. Huggler entered the Carlisle Pike moving her vehicle across travel lanes directly into the path of Plaintiff, Ronald J. Hooven, Jr., causing the motorcycle and vehicle to collide. 9. As a result of the aforesaid collision, Plaintiff, Ronald J. Hooven, Jr., has suffered serious and permanent injuries, including but not limited to the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the lumbar spine; (d) Various contusions and abrasions; (e) Nondisplaced open fracture of the tuft of the distal phalanx of the left fifth finger; (f) Post concussive syndrome; (g) Post traumatic cephalgia; (h) Traumatic brain injury; Pleadings All\Hooven, Ron -Complaint (i) Left fifth finger contusion and three centimeter laceration with partial skin avulsion and partial nail avulsion along with subungua hematoma; Q) Closed head injury with concussion; (k) Left wrist strain/sprain; (I) Left cubital tunnel syndrome. 10. The aforesaid collision was the direct and proximate result of the negligence of the defendant, Kimberly A. Huggler, in operating the 1989 Honda Accord in a careless, recKless, and negligent manner as follows: (a) Entering the roadway from a place other than another roadway without yielding the right-of-way to vehicles approaching on the roadway to be entered or crossed in violation of Section 3324 of The PA Motor Vehicle Code. (b) Moving his/her vehicle which was stopped, standing or parked before the movement could made with safety in violation of Section 3333 of The PA Motor Vehicle Code. (c) Placing his/her vehicle into the stream of traffic from a parked position before the movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code. (d) Driving his/her motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a) of The PA. Motor Vehicle Code. 11. As a direct and proximate result of the aforesaid injuries, Plaintiff, Ronald A. Hooven, Jr., has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Ronald J. Hooven, Jr., has suffered and may continue to suffer a loss of earnings for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Ronald J. Hooven, Jr., has Pleadings All\Hooven, Ron -Complaint sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of this collision, Plaintiff, Ronald J. Hooven, Jr., has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 15. As a further result of the aforesaid injuries, Plaintiff, Ronald J. Hooven, Jr., has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 16. Plaintiff Ronald J. Hooven, Jr. was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff Ronald J. Hooven, Jr. remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 17. Plaintiff incurred a towing expense of $90.00 for which he seeks reimbursement. A copy of the receipt evidencing said expense is attached hereto as Exhibit A. WHEREFORE, Plaintiff Ronald J. Hooven, Jr. demands judgment against Kimberly A. Huggler for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Pleadings All\Hooven, Ron -Complaint Respectfully submitted, SHOLLEN ERGER JAN I, LLP By: moth A. S Ilenberger, sq. Attorney I.D. No. 34343 Dated: ~Unvsi c.~~~ ao©~ Pleadings All\Hooven, Ron -Complaint Pleadings All\HOOVen, Ron -Complaint ~r .. .. f TA'>'VINu + .1L'MPSTARTS o FLAT Tl,">;E$ - 2~1 HCUR EtuyERGENCY SERVICE 6' 03?4 Brardy Lane MECHANICSBURG, PA 17055 (717)697.62b2 Pager 231.712b D T~~ ~ ^ i T I j E~~O ~/t/ P M. . FIEOUESTED BY// ~ ' ~ c/ ~ /! LOCp NOC /~ / / / ~~{~...._/~it~.._7~~(/~~._+.!.,.~. ,/ [/ 3 C `_.. ~IKJ/,- ~ jCl/ 1 ................ .~J.. ~ ~... E ... .. .y. ~ NAME ~~ ~ ~ / ~~ , PHONE _ ~j ~J l'~ pD-D7RES5 I. CNG~ K-'- !i'I j ~" °~ _. .... ........ ........... /fVyl/~(~~ /Y ZIP ~C MI L EA GE SERVICE TIME EXTRA PERSON ~ . ~ .C / FINISH _`-~/'.1 J! C_t% / 1~, 3.J~f ~ F~F7 (/~F (/I ,PST Y.<~J / ( WwlBl~l , 1 , / , / ~ START r'" 1 ~C~ y ~' RT START TOTAL . TOTAL TOTAL YEAR~~ n MAKE/M EL/ LOR DRIVER $TF~ n /[.j LIf.~NOA ~ ^~- L/JR Y VEHICLE LO. NO. ^ SLINGA101ST TOW ^ FLAT TIRE PEE77CC AL EGUIPMENT IN~f~~INE WINCHING 1I ^ WHEEL LIFT ^ OUT OF GAS ~-FLATBED/RAMP ~yVRECK U LL I WINCHING S A LOCKS ttt ~ ^ START ^ RECOVERY / y+ Dyl°a.~J 1-~~~ ,~ , i^ I ! ^ ^ LOCK OUT ^ / ~!- n ///j VEHICLE TOViEDTO ~A,,.~/ ~{ d/- /~' (/ iu /'- !"_ `C(%~` {-~ REMAR r /~ MILEAGE CHARGE TOWING CHARGE 7~ i~ ,,~~jj //9~Y~F/Y ~~C/~ .... .... ................_._....._.~.... ............................1................ I LABCRCHARGE Gr--F t((72 CIJ"I~,P~i7 ~ TORAGECHARGE ~~ . /~ x _ .. ......................_._. _ ~.~ ,.~. 1 I .................. . ...._.... _. J I I ~uA~ `~~ .!'`r DP n~SSl.r ~~~~~ ' ir+oc TOTAL `,O ;~!' pUIHORIZED SIGNANRE / ~ /(~/'.'~J) is.wf ~/~ /Z.~ 7ti R00NME/~•t P DUCT 619 F 'e{~Ofi~rl ~~ /pro/[~ ~,-EGG-G h r VERIFICATION I~ ~~0fv'~~ `'~F~°~ ~- ,hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: AUgvsf 3n, aDO~ 3810 LINGLEETOwlt ROAD ~ p~p,eApCpt 605i~~EAP_;IEELRC. PA 1]106-055 (]L]l 2Ji 4]00 ~ PAC ,]1]) 373-1J13 ~~ ~~~., ~~ ~ ~ ~ ,~ ~ ~ ~~ n { --` -: ~ `~ ._ -~, !n { fij ' ,. i ~~ c,~: G c: .. _. - - _.~ . r K ~J RONALD J. HOOVEN; JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-5236 CIVIL KIMBERLY A. HUGGLER CIVIL ACITON -LAW IN RE: ApPOINTMIENT OF ARBITRATORS ORDER OF COURT AND NOW, August 19, 2002, the Court having been informed that Jon F. LaFaver, Esquire, cannot serve as Chairman of the Arbitration Panel in the above matter, his appointment is vacated and Wayne Shade, Esquire, is appointed in his stead. Charles Mackin, Esquire, and Tricia D. Naylor, Esquire, shall remain on the panel. By the Court, Geor a E. Hoffer, P.J. Jon F. LaFaver, Esquire /Wayne F. Shade, Esquire Court Administrator ~~~5 ~0~ ~~,~a _ _ ~k9_ ~,, .~ a.v+. ~"^^'§RwkM?a'.FkeY e~hs9~tUSitl§N CU1Mm ~ s...,t' . 1. v N" ~ P,kCYi ~ .. ~aiNCi~aP~b'15~§4' ~. ~. ~"'~' Ii '"' 1 ~~~,t.n ~~~ar~r~d alt,°v~~;r~. ~,~.~~. ~~-,~~:~~~Ni'~ ~~ ~ ~2. ~.~4 ~A/ R~ ~~~ however yo~ Sr~~ ,,~pp~s ~//~~.~~~ ~J ~ 6~ Named Cha i rn-,au, d~- CAN ~ f do ;+ ~ccausr somea~e inl his o{~i c~ pre/i~us ~/ ret rest~tecQ~l~o~e o~ ~e ~t~~-~ c S , l.F1N yD(~t a~~~tit- ~6rneoNt ~Ise~ Please ? 10/29/02 TUE 15:49 FAE 717 240 6573 CL~LiB CO PROTHONOTARY RONALD J. HOOVEN, JR., ~ Plaintiff v. ) KIMBERLY A. HUGGLER, ) Defendant ~ OATH In The Court of Go®on Plans of Cumberland Coun[y, Pennsylvania Vo. 01-526 CIVIL TERM 19 JURY TRIAL DEMANDED We do solemnly swear (or affirm) that we will supooYt, obey and defend the Constitution of the United States and the Constit'utioa or this Comcon- *oealth and that we *.rill discharge the duties of our orfice with fidelity. SWARD 'rle, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: IF damages for delay are awarded, they shall be separately stated,) r~ooz In favor of Plaintiff and against Defendant in the amount of '$18,500. Delay damages are $73.09. . Arbitrator, dissents applicable.) Dace of Heariag:Oct. 29, 2002 Date of ?,ward: Oct. 29, 2002 NOTICE OF ~! (Insert name i. Now, the 30th day of October, 2002 , ~cxxx , at _, .:1., the above award wan entered upon the docket and, notice thereof given by mail to [he parties or LFteir attorneys_ // ..L arbitrators' compensation to 6e [S'~ ,C/A/~d 4/'Iq paid upon appeal: °Y th~u Deputy ~~~af,~'dE~l~itt€~9L~'t`Lte~i4~-lalWm'~~I~mGS _», ~-F,~ ~ m'ud~t~ ,. hiw6lc~la~tlfd~4hirt#A~¢uWW9iWtlilI~'tl ~1.,~1.~s ~' jti,.41~~~,..~ y~/ /~i c.r c_ lJ. /V~10/ ~~.~- , ~~ l7 D ! 3 o ~ ~ n ~- ~, g*` '~; o -o { -cc~ •=~ ~ =-,-, ~ ~?T -- -- b -- ro C '. r = -- -ns. d -G ~ -.G FXJ % ~. a r ~' s (~ ~ ~ ti ~ 3 0 ~ ~ N :~ ~ ~S i~~/~ ~~~~, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ~ iv ~~, r'7 - TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~ri' G--- i r 7 ..~-:I ~. . ~,_. .~ > Please list the following case: is ~_ ~ ~, `'`{:~ (Check one) (x ) for JURY trial at the next term of civil court. '' z N ~ c~ - ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) RONALD J . I-pU~EN, J R. , PLAINTIFF V K I fv113ERLY A. F 0.J^~LER, DEFFJJLI4NT' (Plaintiff) vs. (check one) ( ) Assumpsit ( ) Trespass ( X) Trespass (Motor Vehicle) (other) February 11, 2003 The trial list will be called on and (Defendant) vs. Trials commence on March 10, 2003 Pretrials will be held on February 19, 2003 , (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. 01-5236 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Timothy A. Sho I I enberger, Esquire,Shollenberger & Januzzi, LLP, 1820 Linglestovvn Road, Harrisburg, PA 17110 (717) 234-3700 Indicate trial counsel for other parties if known: Andrew C. LefYnan~ Esgu r~Nea_lon__&_Goyer, 2411 North Froht Street, Harrisburg, PA 17110 - (717) 232-9900 This case is ready for trial. Dec. 28, 2002 Date: _ Signed: Print N: 19 Esquire Plaintiff Attorney for: ..__..____ _ _ _ __ JAN 2 3 20D3 RONALD J. HOOVEN, JR., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. KIMBERLY A. HUGGLER, Defendant. NO. 01-5236 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED JOINT STIPULATION OF COUNSEL AND ORDER AND NOW, come Plaintiff, Ronald J. Hooven, Jr., by and through his counsel, Timothy A. Shollenberger, Esquire, and the Defendant, Kimberly A. Huggler, by and through her counsel of record, Andrew C. Lehman, Esquire, and hereby stipulate and agree as follows: 1. Defendant, Kimberly A. Huggler, admits negligence with regard to the motor vehicle accident of October 10, 1999, which gives rise to the within cause of action. 2. Defendant, Kimberly A. Huggler, reserves the right to argue issues of causation, substantial factor, and damages at trial. Respectfully submitted, Respectfully submitted, NEALON & COVER, P.C. SHOLLENBEF~~R & JANUZZI, LLP By: By: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: /^/3-0.3 Esquire Harrisburg, PA 17110 717/234-3700 Date: • ~ IT IS SO ORDERED C~~~ Jaa?~vrl 2r/~ Z~®~ c ° ~ ~m w ~ -~, _~' ~ : ~~ ~~ ~ ii ">'c-~' ~ N ~i fi ~ W ~ b~~,~n~,~sNt~~ ~LPd~C~J ~li~;;;~s:l ~"JV(l~ ~~~ ~~~or:cr_.U~W ~;t~ ~:~ ~~ii~:o-~y~~a RONALD J. HOOVEN, JR., Plaintiff V. KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5236 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: SETTLEMENT CONFERENCE/CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 13th day of February, 2003, following a settlement conference in the chambers of the undersigned Judge, in which Plaintiff was represented by Timothy A. Shollenberger, Esquire, and Defendant was represented by Andrew C. Lehman, Esquire, and upon motion of the Plaintiff based upon his impending activation by the military, and without objection on the part of Defendant, this case is stricken from the March 2003 trial list, and counsel are directed to relist this case for trial at such time as they deem appropriate. By the Court, Timothy A. Shollenberger, Esquire For the Plaintiff Andrew C. Lehman, Esquire For the Defendant ,cr~a,~; ,Y,,,,c,.~euC.. a ..2 i, v~ mae 4. <r J ~. __ ~.__: t__ :i_;~ ",- _ _ _ _ ~ ~ "" '' ~ ~ ,; ~ ~`k ~a. 4, ` ~` 5 ,, a a ~: N q o o ~ ~d ~ < ti P4 ~ o `~ w.~m~ ~ z o ~ a ~ M m W N~ 1 1 Il\ I 2411 NORTH FRONT STREET GOVII-EAA.RJJ , \\\ , nrT HARICISRURC. PA 17110 ""' " ® ELEYHONE (717) 232-9900 ATTORNEYS Ai LAW FACSIMILE (717) 236-9119 ANDREW C. LEHMAN alehman@nealon-gover.com October 4, 2002 Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Re: Hooven v. Huggler Docket No.: 01-5236 Civil Term Dear Tim: In response to your September 25, 2002 correspondence noticing me of your intention to seek delay damages, would you please allow this to serve as my statement in response thereto. Defendant made an offer to plaintiff to settle this case for $5,600.00. Said offer was made on March 18, 2002. It was further indicated in that correspondence to you that the offer would remain open until the commencement of trial. Defendant does not allege that there was any delay of the arbitration hearing attributable to the plaintiff. Very truly yours, Andrew C. Lehman NEALON & GOVER, P.C. ACL/Iss I~ ~~_ 3HOLLENBERGER 6i jANUZZI, LLP 1820 LINGLPSTOI*M ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBBRGER HARRISBURG, PA. 17106-0545 (717) 234.3700 KARL ]. JANUZZI ~ FAX (717) 234.6212 - ai - as s o an aw.com with a(fices in Elizabethville (717) 362.4472 Wilkes-Barre (570) 822A711 September 25, 2002 Andrew C. Lehman Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Re: Hooven v. Huggler Dear Andrew: This letter is to notify you of my intention to request delay damages in this matter regarding Ronald Hooven. The delay damages are to be calculated from September 20, 2002 which is one year after the date original process was served. Let me know if you have any objections. Thanks. TAS:gmg ~.:-, qpR-02-2003 13~4B NEgLON & COVER 717 236 9119 P.02i03 - a RONALD J. HOOVEN, JR., ~ THF' ~~~ OF C~tON PI+E~FS Plaintiff ~ '~~~~ CODr~, P~'NN5v1,'~7AP1IA v. KIMBERLY A. HUGGLER, Defendant ~. 01-52'x5 CIViL TERM "" JURY TRIAL DEMANDED ~ 7 r'] "i lJ - . NOT16E OF AP~'~r. "~'=' FROM AWARD OF BOARD OF ARBI'I'RATOR3 ;~_ -~: r _ :r TO T'_~ PROT?iOATCTARY: - - .. _~: :~- DTotice is given t'.-iat Defendant ximberiv Huaaler appeg-3s ~~o[~! -~ f.:~ _ 'the sward of the board of arbitrators entered in this case on October 29, 2002 A jury trial is demanded ~ (G'hea~<. box if a ,jur~g trial is demanded . Ot. er*,ri.se burp tr..a7. is *aaived . } I hereb? certify that (1) the compensation of the arbitrators has been paid, or (2):' application he,s been made for permisaior_ to proceed iz forma. pauperis . (Strip o~:t the inapplicable clause . ) „__... r Andrew C Lehman, EE uire ' Appellant or At~`~rrey x'or Appellar_t NOTE' o~ The. demand Por burg trial on appeal from compulsory arbitration is.gauerned by Rule 1007'.1 (b). (b) No affidavit or verification is required. RPR-02-2003 13 46 NEgLON & DOVER 717 236 9119 P.03i03 • RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Receipt Date 11/12/2002 Carlisle, Pa 17013 Receipt Time 9:51:54 Receipt No. 131493 HOOVEN RONALD J JR (VS) HUDDLER KIMBERLY A Case Number 2001-05236 Received of PD NEALON & DOVER PC IM Total Check... + 290.00 Check No. 43x4 Total Cash.... + .00 Change........ - .00 Receipt total. = 290.00 ------------------------ Distribution Of Payment - Transaction Description Payment Amount APPEAL ARBITRAT 290.00 CUMBERLAND CO GENERAL FUND 290.00 ~. y. - --- SHOLLENBERGER &JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 - Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff RONALD J. HOOVEN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-5236 KIMBERLY A. HUGGLER Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED. ~ir~~ECPr`o ~rv~,-sl=~rr~.e aN® s - ,-~~. ~ TO THE PROTHONOTARY: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER &JANUZZI, LLP By: othy hollenberger, Esq Attorney I.D. No.: 34343 Dated: December 2, 2003 1 SNOLLENBERGER &JANUZZI, LLP 1820 LINGLESTGWN ROAR ! P.O. 6GX 60545 1 HPRRISBURG, PA t]108-0515 (]1iJ 234.3]00! FPX (]1])2346212 • !~h SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number. (717) 234-3700 Fax Number: (717) 234-8212 RONALD J. HOOVEN, JR., Plaintiff v. KIMBERLY A. HUGGLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-5236 CIVIL ACTION -LAW JURY TRfAL DEMANDED AND NOW, this 2nd day of December, 2003, I hereby certify that I have served the within Praecipe to End, Settle and Discontinue to the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew Lehman, Esquire NEALON & GOVER 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, ^'~ SHOLLENBERGER & J I, LLP By: im thy A. lenbe r, sc~ Attorney LD~ No.: 34343 Dated: December 2, 2003 i 2 BHOLLENBERGER & JANUZZI, LLP 1828 LINGLESTOWN ROAD ! P.O. 90X66565 !HARRISBURG, PA 77188A645 (71]) 234-3]06 !FAX (]t]) 234-8212 ,~ a_ _ ; - ~~, ~ _, m ~~ ~~ ~t c om- ' o t ,, _ -aid ~~ r - =x= __, ~ : ~ _- ~'c` ~ ~;~ -C._. r: ' =C~ ~ ~. ' ' - ~ J ~= C ' _E y. 4A ~ p~s