Loading...
HomeMy WebLinkAbout99-03910Ott Lt/ i qt e? Y SHOLLENBERGER 61. JANUZZI, LLP I820 LINGLEnO WN ROAD P O. BOX W545 TIMOTHY A. SHOD.ENBERGER HARRISBURG, PA. 17106-0545 KARL J. )ANUZZI Writer's Direct E-mail - lasCilshollianlaw com ELIZABETH A. ONTKO• (717) 234.3700 FAX (717) 234.8212 'Ab membee dN•.1•on Bu Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17113 Re: Our Client: Your Insured: Claim No.: Date of Loss: Dear Judge Guido: July 6, 1999 Mr. and Mrs. Biffart William J. Pullin 38-JO96-800 October 31, 1998 with Am in Elivabethville (717) 3624472 wi)ka.Ba (570) 622-0711 I am in receipt of the enclosed letter from State Farm's representative which should take care of this matter without further involvement of the Court. Thank you. Very truly yours, _;A1 Timothy A. Shollenberger TAS: kjf Enclosure CC: Richard Wix, Esq. fTAII IAeM I State Farm Insurance Companies Irtfa..ncf State Farm Insurance 115 limekiln Road June 29, 1999 PO Box 257 New Cumberland PA 17070.0257 Timothy Shollenberger Shollenberger & Januzzi PO Box 0545 Harrisburg, PA 17106 RE: Your Client: Mr. & Mrs. Biffart Our Insured: William J. Pullin Our Claim No.: 38-J096-800 Date of Loss: October 13, 1998 Dear Mr. Shollenberger: We have received your Order and Action to Perpetuate Testimony. We have asked Richard Wix to represent Mr. Pullin for the deposition. Please contact Mr. Wix directly to arrange for the deposition. Sincerely, rLL' C L(l; ; ?c t l Shelby Jones Claim Specialist (717) 774-9033 State Farm Mutual Automobile Insurance Company cc: Richard Wix William Pullin HOME OFFICES' cLOOt.W,,-u% ILL111015 41710 v,._ I '4. SHOLLENBERGER & JANUZZI, LLP 1820 LINOLESTOWN ROAD P. O. BOX 60545 HARRISBURG, PA. 17106.0545 F WILLIAM J PULLIN P O BOX 474 NEW CUMBERLAND PA 17070 133 D? ?I dl 1 "r t?? COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY EDWARD E. GUIDO JUDGE July 2, 1999 Timothy Shollenberger, Esquire 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pa. 17106 Dear Mr. Shollenberger: As per our telephone conference, we enclosed proposed orders to you. We have Equity Complaint to the Prothonotary. It that you will be effecting service of the Defendant through the Sheriff's Office. COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE. PA 17013-3387 (7 17) 240.6290 FAX (7171 240-6462 are returning the returned the original is our understanding complaint upon the Very t 1 urs, Edward E. Guido EEG/sld Enclosure 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 ROBERT BIFFART AND JEAN BIFFART, HIS WIFE, PETITIONERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. qC -, ?10 V. WILLIAM J. PULLIN, RESPONDENT EQUITY ACTION ORDER L ,LA- cj AND NOW, this day of , 1999, Plaintiffs' action to perpetuate the testimony of the Defendant, WILLIAM J. PULLIN, regarding his recollection and the circumstances regarding the October 13, 1998 motor vehicle collision is hereby GRANTED. Defendant's testimony is to be taken by deposition in accordance with the Pennsylvania Rules of Civil Procedure. J. SHOLLENBERGER & J ANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 ROBERT BIFFART AND JEAN BIFFART, HIS WIFE, PETITIONERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM J. PULLIN, RESPONDENT NO. 9 9. 3 9/0 rcw EQUITY ACTION ACTION TO PERPETUATE TESTIMONY PURSUANT TO PA. R.C.P. 1532 AND NOW come the Plaintiffs, ROBERT AND JEAN BIFFART, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: 1. The Plaintiff, ROBERT BIFFART, is an adult individual who currently resides at 8 Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Plaintiff, JEAN BIFFART, is an adult individual who currently resides at 8 Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiffs, ROBERT BIFFART and JEAN BIFFART, are husband and wife. 4. The Defendant, WILLIAM J. PULLIN, is an adult individual whose last known address is 486 Spruce Street, P.O. Box 474, New Cumberland, Cumberland County, Pennsylvania 17070. 5. The instant action arises out of a motor vehicle collision which occurred on October 13, 1998 at the intersection of Lewisberry Road (SR-0114) and Poplar Road (SR- 1001) York, York County, Pennsylvania. 6. At the aforesaid time and place, the Plaintiff, ROBERT BIFFART, was operating a 1996 Skorpion Tour motorcycle owned by Brock M. Biffart. 7. At the aforesaid time and place, the Defendant, WILLIAM J. PULLIN, was the owner and operator of a 1988 Mazda 323. 8. At the aforesaid time and place, the Plaintiff, ROBERT BIFFART, was travelling west on Lewisberry Road, York, York County, Pennsylvania. 9. At the aforesaid time and place, the Defendant, WILLIAM J. PULLIN, was travelling east on Lewisberry Road, York, York County, Pennsylvania, when he turned left onto Poplar Church Road into the path of Plaintiffs motorcycle. 10. On or about April 6, 1999, Plaintiffs' counsel received a letter from Debbie Grant, Esq., on behalf of William J. Pullin, indicating that Mr. Pullin's health was questionable and that he had been recently hospitalized. A copy of said letter is attached hereto and marked as Exhibit "A." 11. Plaintiffs have not yet initiated a negligence action against the Defendant, WILLIAM J. PULLIN, and are presently negotiating with Mr. Pullin's automobile insurance carrier towards resolution of Plaintiffs' claims for damages resulting from the October 13, 1998 motor vehicle collision. 12. Pa.R.C.P. 1532 allows a party to file a complaint in equity requesting perpetuation of testimony. Testimony which has been perpetuated may be used at trial or hearing in accordance with the provisions applicable to depositions underPa.R.C.P. 4020. 13. Plaintiffs, ROBERT AND JEAN BIFFART, wish to take the deposition of Defendant, WILLIAM J. PULLIN, and perpetuate his testimony in the event of his death. As mentioned above, WILLIAM J. PULLIN is in ill health and he is presently seventy- two (72) years of age having been born on June 24, 1927. 14. Plaintiffs wish to question Defendant, WILLIAM J. PULLIN, regarding the circumstances surrounding the October 13, 1998 collision and his recollection of events. 15. Plaintiffs, ROBERT AND JEAN BIFFART, expect that Defendant, WILLIAM J. PULLIN, will testify that he was travelling east on Lewisberry Road, York, York County, Pennsylvania, when he made a left turn onto Poplar Road, into the path of Plaintiffs motorcycle. 16. In accordance with Pa.R.C.P. 1532(b), the Plaintiffs wish to schedule the deposition of Defendant, WILLIAM PULLIN, as soon as convenient for all parties and in accordance with the proceedings set forth under the Pennsylvania Rules of Civil Procedure on taking depositions. WHEREFORE, the Plaintiffs, ROBERT AND JEAN BIFFART, respectfully request this Honorable Courtto grant their action to perpetuate the testimony of the Defendant, WILLIAM J. PULLIN, by deposition and in accordance with Pa. R.C.P. 1532. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Date: 6 '- 2A ' I L Central Pennsylvania Legal Services 256 East Markel Sum. Vark, PA 17403.2058 (717)8483605. Fax (717)8545431 April 6, 1999 Timothy A. Shollenberger, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road P.O. BOX 60545 Harrisburg, PA 17106 Re: Biffert v. Pullin Date of Collision: 10/13/98 Dear Mr. Shollenberger: APR 001;+99 I am writing on behalf of Mr. William Pullin. I am not representing him in this matter. Mr. Pullints health is questionable and he has been recently hospitalized. He asked me to write and inform you that his insurance carrier is State Farm Insurance. His agent is Rocky Radabaugh. He can be reached at (717)774-2517. I suggest you contact State Farm directly to inquire about their intentions to settle the claim. Sinccerely, Debbie Grant CENTRAL PENNSYLVANIA LEGAL SERVICES IXHIBITs?, United Way '?'?? y4}r. d L T yr- J nj ?. l rJ?/ L) 0 S91ta•195s1m•lu lvm -0N weal . 1110 •0 ']NI•1YNOLL Ntl31Nl e]1YLS 11Y l0 NOISINGYT93131YL511? CASE NO: 1999-03910 P SHERIFF'S RETURN - NOT FOUND COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIFFART ROBERT ET AL VS. PULLIN WILLIAM J R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: PULLIN WILLIAM J but was unable to locate Him in his bailiwick. He therefore returns the ACTION TO PERPETUATE TESTIMONY PURSUANT TO PA R.C.P. 1532, EQUITY NOT FOUND , as to the within named defendant PULLIN WILLIAM J RETURN PAPER UNSERVED AS PER ATTORNEY ON 7/2/99. _ Sheriff's Costs: So answVrs' Docketing 18.00 % L Not Found 5.00 Affidavit ??///111////// Surcharge 8.00 omas ine, S el?rifi $Tr-.= 07%02EJNBEERRGER & JANUZZI Sworn and subscribed to before me this l•+? day of 19? A.D. u ro ono ary SHOLLENBERGER & J AWZZI, 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 ROBERT BIFFART AND JEAN BIFFART, HIS WIFE, PETITIONERS V. WILLIAM J. PULLIN, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA l NO. 7q- EQUITY ACTION a U ACTION TO PERPETUATE TESTIMONY PURSUANT TO PA. R.C.P. 1532 AND NOW come the Plaintiffs, ROBERT AND JEAN BIFFART, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: 1. The Plaintiff, ROBERT BIFFART, is an adult individual who currently resides at 8 Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Plaintiff, JEAN BIFFART, is an adult individual who currently resides at 8 Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiffs, ROBERT BIFFART and JEAN BIFFART, are husband and wife. 4. The Defendant, WILLIAM J. PULLIN, is an adult individual whose last known address is 486 Spruce Street, P.O. Box 474, New Cumberland, Cumberland County, Pennsylvania 17070. 5. The instant action arises out of a motor vehicle collision which occurred on October 13, 1998 at the intersection of Lewisberry Road (SR-0114) and Poplar Road (SR- 1001) York, York County, Pennsylvania. 6. At the aforesaid time and place, the Plaintiff, ROBERT BIFFART, was operating a 1996 Skorpion Tour motorcycle owned by Brock M. Biffart. 7. At the aforesaid time and place, the Defendant, WILLIAM J. PULLIN, was the owner and operator of a 1988 Mazda 323. 8. At the aforesaid time and place, the Plaintiff, ROBERT BIFFART, was travelling west on Lewisberry Road, York, York County, Pennsylvania. 9. At the aforesaid time and place, the Defendant, WILLIAM J. PULLIN, was travelling east on Lewisberry Road, York, York County, Pennsylvania, when he turned left onto Poplar Church Road into the path of Plaintiffs motorcycle. 10. On or about April 6, 1999, Plaintiffs' counsel received a letter from Debbie Grant, Esq., on behalf of William J. Pullin, indicating that Mr. Pullin's health was questionable and that he had been recently hospitalized. A copy of said letter is attached hereto and marked as Exhibit "A." 11. Plaintiffs have not yet initiated a negligence action against the Defendant, WILLIAM J. PULLIN, and are presently negotiating with Mr. Pullin's automobile insurance carrier towards resolution of Plaintiffs' claims for damages resulting from the October 13, 1998 motor vehicle collision. 12. Pa.R.C.P. 1532 allows a party to file a complaint in equity requesting perpetuation of testimony. Testimony which has been perpetuated may be used at trial or hearing in accordance with the provisions applicable to depositions under Pa.R.C.P. 4020. 13. Plaintiffs, ROBERT AND JEAN BIFFART, wish to take the deposition of Defendant, WILLIAM J. PULLIN, and perpetuate his testimony in the event of his death. As mentioned above, WILLIAM J. PULLIN is in ill health and he is presently seventy- two (72) years of age having been born on June 24, 1927. 14. Plaintiffs wish to question Defendant, WILLIAM J. PULLIN, regarding the circumstances surrounding the October 13, 1998 collision and his recollection of events. 15. Plaintiffs, ROBERT AND JEAN BIFFART, expect that Defendant, WILLIAM J. PULLIN, will testify that he was travelling east on Lewisberry Road, York, York County, Pennsylvania, when he made a left turn onto Poplar Road, into the path of Plaintiffs motorcycle. y .x 16. In accordance with Pa.R.C.P. 1532(b), the Plaintiffs wish to schedule the deposition of Defendant, WILLIAM PULLIN, as soon as convenient for all parties and in accordance with the proceedings set forth under the Pennsylvania Rules of Civil Procedure on taking depositions. WHEREFORE, the Plaintiffs, ROBERT AND JEAN BIFFART, respectfully request this Honorable Court to grant their action to perpetuate the testimony of the Defendant, WILLIAM J. PULLIN, by deposition and in accordance with Pa. R.C.P. 1532. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Date: (CJ / 2A ' q I TRUE GWY FRIM REOORD In Too" whow, I here uoto set my haw0 and ft .%W of said Cortr rq.utin on op L?S Central Pennsylvania Legal Services 256 Easi Marker Street. York. PA 174034058 (717)848.3605. Fax (717)8545431 April 6, 1999 Timothy A. Shollenberger, Esq. Shollenberger & .7anuzzi, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106 Re: Biffert v. Pullin Date of Collision: 10/13/98 Dear Mr. Shollenberger: APR N i';y9 I am writing on behalf of Mr. William Pullin. I am not representing him in this matter. Mr. Pullin's health is questionable and he has been recently hospitalized. He asked me to write and inform you that his insurance carrier is State Farm Insurance. His agent is Rocky Radabaugh. He can be reached at (717)774-2517. I suggest you contact State harm directly to inquire about their intentions to settle the claim. Sincerely, i Debbie Grant CENTRAL PENNSYLVANIA LEGAL SERVICES !Q ay 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 ROBERT BIFFART AND JEAN BIFFART HIS WIFE, PETITIONERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM J. PULLIN, RESPONDENT NO. EQUITY ACTION ORDER AND NOW, this day of , 1999, Plaintiffs' action to perpetuate the testimony of the Defendant, WILLIAM J. PULLIN, regarding his recollection and the circumstances regarding the October 13, 1998 motor vehicle collision is hereby GRANTED. Defendant's testimony is to be taken by deposition in accordance with the Pennsylvania Rules of Civil Procedure. J. bw a J iaw W) (AI/1 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 ROBERT BIFFART AND JEAN BIFFART, HIS WIFE, PETITIONERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM J. PULLIN, RESPONDENT NO. 99-3910 EQUITY ACTION PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, Dated: August 26, 1999 Shollenberger & Januzzi, LLP 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 CERTIFICATE OF SERVICE And now this 26'h day of August 1999, 1 hereby certify that I have served the within Praecipe to Discontinue by depositing a true copy in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esq. Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 SHOLLENBERGER & JANUZZI, LLP Affornevs for Plaintiff - By: Date: August 26, 1999 a a N v ? c 0 r % w Q U m w ? N w x a a O x -L C r•. 1 1 NN991(0•AO991L0•19191L0•flL91(0 ON Ntl01 ]NIT OUY MUNIA VL9'l1YMNOMWOY' IYOL19lVIG1W