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HomeMy WebLinkAbout99-06498 (2) t 1 i ?fa? I R I ` YI ? Y ? i ? 6 sj rRrD " W l J1 ?'a•Y t t' 11Y. w i` V µ ? ry T R + fy '4 7 .. ? X , .L a n v , ,a fP ?'? Rf - 2?t 1 \ j tr r?' V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 19_ 44' f (49? Civil Action - (X) Law ( ) Equity Nicholas Hevel, a minor, by Janice Hevei, as guardian 302 South State Road Marysville PA 17053 Brittany Russ, a minor, by Janice Hevel, as guardian Sheri Jacobson, a minor, by Janice Hevel, as guardian Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiff(s) & Address Mary Huber versus 3 Patricia Drive Enola PA 17025 Defendant(s) & Address Ctuil V TO THE PROTHONOTARY: Please issue Writ of Summons in the above-captioned action. 2 Writ of Summons shall be issued and forwarded to ( X ) Attorney ( ) Sheriff Richard E. Freeburn, Esquire 4775 Lingiestown Road, Ste. 200 \? Harrisburg, PA 17112 Sig attuie 'T Attorney (717) 671-1955 Supreme Court ID No. 30965 Date: 10/25/99 TO THE ABOVE-NAMED DEFENDANT(S): MARYHUBER YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASMAVE COMMENCED AN ACTION AGAINST YOU. ;u r thonotary Date: 21_ 19 q 9 By .s % '/D?? ?? 4 Deputy fti All UT ?57 Z N 1 a?Fi7 z, Ci 4t. F!- ?? L I??it7 ??1 0 cn c,h q ? q O ? V- ^MMJ M CO Y Fk YS xY? day t I?f? t ?J}T a. I a,ay. r , r r 1„%t f die y eye tia ti (;,.14 ty, ;kzw NICHOLAS HEVEL, a minor by JANICE HEVEL, as guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as guardian: SHERI JACOBSON, a minor by JANICE REVEL, as guardian: MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBE12, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 : CML ACTION - LAW I hereby accept service of the Writ of Summons in the above- referenced matter. ary Hu r 3 Patricia Drive Enola PA 17025 Date: C. J co ? 1 o m 'tom. FALEM)A)ARLNIOMROAL DWI n.pn IMt Cle.W. 01111.00101) )1 AM R,wW. 01111= 10p001AM )010111 NICHOLAS REVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D, DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6498 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Mary Huber in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By ( Lnrc.,.2t 1/V,Xt(. o.:.? Thomas J. Williams, Esquire Ton East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Defendant Mary Huber Dated: January 11, 2000 CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows; Richard E. Freebum, Esquire 4775 Linglestown Road Suite 200 Harrisburg, PA 17112 MARTSON DEARDORFF WILLIAMS & OTTO /Ifv 'cia D. Eckcnroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 11, 2000 f p.r L. } M ti& r i 1 s . rr yy t .M1?a 'J 5 fir v :I: NICHOLAS HEVEL, a minor by JANICE HEVEL, as guardian; BRITTANY RUSS. a minor by JANICE HEVEL, as guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION - LAW I hereby certify that I served Records Deposition Subpoenas in the above-captioned matter by certified mail, return receipt requested, on February 1, 2000, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with special prepaid postage. The postal return receipt evidencing said service are attached hereto. Respectfully submitted, FREEBURN & ASSOCIATES c B,: Ribhard E. Freeburn, Esquire I.D. No. 30965 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 2/15/00 Attorney for Plaintiffs Hevel Z 369 157 •120 us road 59111 s Receipt for Certified Mail No Insurance C"rep• PmWed t f Do not use for teem sum mace see ny fee antic Refining 486 ket St 103 ParuB. $,5,5, c«.w F« o BprW Del "Fn Rr*W Dal" Fee ( PAMPePW DO" 10 a s . wroe a or. Detw.e . ? htunttrap . Delis TDTAt dD ' ?2cob) " SENDER: I also wish to recetra the eeorrwwe aemr t andW a err a"Our at eent ". following services (loran C npWa erns 3, 4a, Lid 40. e rwe aW aOreu w tw rarru d we farm w t*t we can ration this ePr"your •xlre lee): u ¦Ai ==fan to to front a s» RAVWO. of on er bad a lqt. dou not 1.0 Address99'• Address eV?prumROOWR@ uwrarmMMAJO.aNOWOVa d@n,mer. 2.? ReatridedDepwry The R6WM Race" wdalrowbwtq Qw ande wuda•rar,e agew dote tleaVrae. consult postmaster for fee. 3. Mkie Addreeasd to: 4a ANde N umber Atlantic Refining and Market>Gng Corp SP' Sof_y)W Type 1801 Market Street Philadel hia PA 19103 ^!': tlaple erea C3'??ieis Mad XC•d6od ? Insured p C3 R•ti n Realpl W Mefdurdife ? COD 7. Date of Dellwry ..I- 5. RSSGV*d By: (Print Ne S. Addressee's fees (OnryIf regoeaed and Are is paW) 8. n: (A orapsnQ X / „th. ,P 1 ! PS Form 3811, Decemwr 1994 IWO"WOW m astic Return Receipt .' 21369 157 120 " SENDER: e CompMe Nara t anb'or2 loradchonalaarvim. e CwrpWe N,a], 44, and rt. I also wish to resolve the Ilso p asrvkes(loran ¦ PAR ymnorm anu wtau on er wmn or M lwm so ear rw an rmm erb write lee): M o t h • irmr to as Nord of ea nallpaea. or mw tau it spas doss not t.? Addreseae's Address p , n ? r ¦Wren'Ra/untraa(otRpuated'mI*=110oooWowNa,edenwtoer 2.0 RestrktedDelivery • e The Roan Map rde Nlaw to ,lam ew mWo was dwtiemd artd tla date ddkwod Consult postmaster lot tee. 9. Artlda Addroawd b: 4a. Arllde Number Northumberland Police Dept. Z 369 157 119 219 Market street 4b. SsMOe Type ? Registered vc nff d Northumberland PA 17857 s e ? Erpteas Mail ? Insured ? PA n Reap to merdwWise ? COD 7. Date of Delivery 5 Recedwd B : (Pdnt N ' . y ame) S. Addreaw s Address 0* d 7q d r t c and fee Is geld 0. epnaturo:Nee 1 ti' A Ps Forth 3011, DwaW6er 1084 Hevel Z 369 157 119 us PosW SOM" Receipt for CertHied Mail Hevel Z 369 157 118 US Postal Set*@ Receipt for Certified Mail No Insurance Coverwe Provided. 3 f r Do not use for Internaeoml Man sN n"iss serim Lee Mutschler ' , 474-K I'Vith MWIM PA PMW $ , S S CK"WFe• 1, go Spsdal O*Avy F« PmkkW DOM F« d.115 to AN= o 5 a W *m*d o..a TOTAL $ 5 l Pcanska Z . b i UCS " SENDER: ¦Cmpll•slrwl•-WW2la•dafW wrvkea. C W a e r I also wish to receive the IoWn da 0 rvkea(loran Wv • A a,4W mea b. •PMPyw rouw sMgda.uonftmvweamalamwawweunrewmers 64M fee): y •A n r A =6l W01 eaM CO W. mrlP4u, a m M be* 11 pew does nol 1.0 Addressee's Address w r mr l n " m ' ? M : WM WM 2. ,Realrlaea Dalrvery I m W . 11* n lINI M a PAc we l _ (1•h•nd. Consult postmaster for fee. Mr. Barry Lee Nlitschler RD 2, Box 474-K Northmberland PA 17857 December Z 369 157 118 lE ' Alb. S•Mce Type b' 60stered )kCerGfmd CrEx press Mall ? Insured ? R;KNIl Rewpl for Mordwld" ? COD 7. Date of DeYyely- (/ t7? S. Addressee's Address (Cnyunquesfed and fee Is paid) 1wfa6aHATl/ Revel Z 364 157 117 us Postal sWVICO Receipt for CerUfled Mail No buunrtoe commas Provided. Road poop s r SS Cased Fee Loo spacial DaNry Fu Raask - Ddv.ry Fn I TO SE CWnPIIWO NDER: I also wish to receive d» Ca MM a ss mi 3.4.x. WW so sddftial a following services (for an ¦PP&trwnamedaddmeare.m ofeaafarmwewa+wnreturn aaa extra fee): Cant .Apra•rtmatrTlamwmahasaarawpow. of onarbamitName dmnot 1. C3 Addressee's Address • Thel'Norm rt wp rtnpeated'on ars ndom baroipiiittisd. ouooer. 2.13 Restricted Delivery . ? Reaw e41 am to W ON anus vas WNa.d"tM dais Consuhpostmesterfor fee. 3. Artlds Addressed lo: %:;Lr?r, d. ivy ARIde Number Atlantic Refining and •'`'t - ;t, ; 369 157 117 Marketing Corp. r; , 4a serylo. TWO 5145 Siffpson Ferry goad b%'9'utered Certiflod Mechanicsburg PA 17055 ? Express Mau ? Insured ? Return Reodpt br Afndwdse ? COD 7. Data of Deeve 5. Received By: (Print Name) 8. Addressee's Address (Only h requested and vie is pad) 0. Signature: (Addressee Agent) X Ps F 11, December 19e4 _ tots064641mas Domestic Retum Receipt U- I hereby certify that a true and correct copy of the foregoing Proof of Service, has been duly served on the following this 15th day of February, 2000, by placing the same In the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON, DEARDORFF. WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 VIIA-9--l BY: ' (___ Ric ar E. F eebum, Esquire Attorney I.D. #130965 FREEBURN & ASSOCIATES 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 2/15/00 Attorney for Plaintiffs :a rYa. In NICHOLAS REVEL, a minor by JANICE REVEL, as guardian; BRITTANY RUSS, a minor by JANICE REVEL, as guardian; SHERI JACOBSON, a minor by JANICE REVEL, as guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Richard E. Freeburn, Esquire 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 (20) 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 the Certificate; 3. Opposing counsel has waived his objection to the subpoena, 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. FREEBURN A ASSOCIATES Date: 5/10/00 Richard E. Freeburn, Esquire I.D. No. 30965 4775 Unglestown Road, Ste. 200 Harrisburg PA 17112 (717) 671-1955 Attorney for Plaintiff NICHOLAS HEVEL, a minor by JANICE REVEL, as guardian; BRITTANY RUSS, a minor by JANICE REVEL, as guardian; SHERI JACOBSON, a minor by JANICE REVEL, as guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6498 CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TH31NGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Thomas J. Williams, Esquire MARTSON, DEARDORFF. WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Plaintiffs intend 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 subpoena. If no objection is made, the subpoena may be served, FREEBURN & ASSOCIATES ?. C _. V Richard)E. Fre6burn, Esquire I.D. No. 30965 4775 Linglestown Road, Ste. 200 Harrisburg PA 17112 (717) 671-1955 Date: 4/28/00 Attorney for Plaintiffs NICHOLAS REVEL, a minor by JANICE 1-IEVEL: as guardian; BRITTANY RUSS, a minor by JANICE REVEL, as guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as guardian; MICHAEL GOTTSHALL Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY; PENNSYLVANI. NO. 99-6498 : CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS-OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Borough of Northumberland- 221 Rprnnd Rfr&^#- Nnv+1k,, n1.m.1a.A DA 19099 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all writings of any kind, including written, recorded or graphic matter, correspondence, personal and interoffice memoranda, notes, diaries, log books, calendars, statistics, analyses, projections, indices, letters, telegrams, minutes, contracts, agreements, reports, studies, summaries, pamphlets, photographs, drawings, work requests, work assignments, job reports, billing records, financial records, etc., in the possession, custody or control of any department of the Northumberland Borough relating to: 1. The need for traffic control devises at the intersection of Hanover Street and Front Street in the Borough of Northumberland; 2. The selection of stop signs as the appropriate traffic control device at the intersection of Hanover Street and Front Street in the Borough of Northumberland; 3. The installation of the stop sign at the south east corner of the intersection of Hanover Street and Front Street in the Borough of Northumberland present on 6/6/99; 4. Complaints relating to traffic on Front Street at or near the intersection of Hanover Street and Front Street in the Borough of Northumberland present on 6/6/99; 5. Motor vehicle accidents on Front Street at or near the intersection of Hanover Street and Front Street in the Borough of Northumberland; 6. Any maintenance performed at or near the stop sign present at the south east corner of the intersection of Hanover Street and Front Street in the Borough of Northumberland including but not limited to trimming of vegetation; at 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 of producing the things sought. If you fall 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: Richard E. Freeburn, Esquire Freebum & Associates 4775 Unglestown Road, Ste. 200 Harrisburg PA 17112 1717) 871-1955 I.D. No. 30965 Attorney for Plaintiffs Date: By the Court: Prothonotary Deputy I hereby certify that a true and correct copy of the foregoing Notice of Intent, has been duly served on the following this 28th day of April, 2000, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas J. Williams. Esquire MARTSON, DEARDORFF. WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 BY. Rlch d . Freeburn, Esquire Attorney I.A. #30965 FREEBURN & ASSOCIATES 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 4/28/00 Attorney for Plaintiffs I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena, has been duly served on the following this 10th day of May, 2000, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg. Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 BY'. chard E. eburn, Esquire Attorney I.D. #30965 FREEBURN & ASSOCIATES 4775 Linglestown Road. Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 5/10/00 Attorney for Plaintiffs N L) a? l y . IR ?. G s n , Ar'n' .s? i{J :.F5' NICHOLAS HEVEL, a minor, by Janice Hovel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hovel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hovel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, TO: Prothonotary : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 : CIVIL ACTION - LAW PRAECIPE Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON By: -- Rich E. Freebum, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Defendant Dated: 615101 Attorney for Plaintiffs r o T .? l U ) «: ae 'u o 0 NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hovel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 : CIVIL ACTION -LAW PRAECIPE TO: Prothonotary Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON By: j`?7 x? Richard E. Freebum, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 7/2/01 Attorney for Plaintiffs t. •1 ( J M ( , V NICHOLAS HEVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-6498 : JURY TRIAL DEMANDED STACEY L. HARMON, : M THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 99-7449 MARY HUBER, Defendant : JURY TRIAL DEMANDED ORDER OF COURT O? _,,. AND NOW, this achy of 2001, upon consideration of the 0? attached Defendant's Motion to Consoli ate Pursuant to Pa.R.C.P. Rule 213, it is hereby ordered that the above captioned civil actions shall be consolidated into Civil Action No. By the C Q-1 r YILCPDATAnLE00NEGAL D00117m IltrraN .Gold W13MI 11001 AM 1614 WIMIi OI 41171M "" I!1 NICHOLAS HEVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant STACEY L. HARMON, Plaintiff, V. MARY HUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-6498 : JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-7449 JURY TRIAL DEMANDED DEFENDANT'S MOTION TO CONSOLIDATE, PURSUANT TO Pa. R.C.P. 213 AND NOW, comes Defendant, Mary Huber, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. On or about June 6, 1999, Defendant, Mary Huber was operating her automobile north on Hanover Street in the Borough of Northumberland, Northumberland County, when she collided with a tractor-trailer. 2. All Plaintiffs were passengers in the vehicle operated by Defendant Huber. 3. On or about October 26, 1999 Plaintiffs, Nicholas Hevel, Brittany Russ, Sheri Jacobsen, and the Estate of Jack Diebler, as a result of injuries allegedly sustained in the accident, commenced the above-captioned case via Praccipc for Writ of Summons. 4. On or about December 13, 1999, as a result of injuries allegedly sustained in the accident, Plaintiff Stacey Harmon commenced the above-captioned case via Praecipe for Writ of Summons. 5. At this time, no Complaint has been filed by either of Plaintiffs' counsel. 6. Defendant's counsel has received concurrence by all counsel to consolidate the two cases. 7. Pennsylvania Rule of Civil Procedure 213 provides, in part, "[fln actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court ... may order a joint hearing or trial for any matter in issue in the actions. ..:" Pa.R.C.P.213(a). 8. Both above-captioned cases derive from the same automobile accident and involve the same questions of law and fact. WHEREFORE, Defendant respectfully requests this Court to consolidate the above- captioned cases, Nos. 1999-07449 and 1999-06498, pursuant to Pa.R.C.P. 213. MARTSON DEARDORFF WILL]AMS & OTTO By V;JI Thomas J. i ams, Esquire Attorney I.D. No. 17512 Ten East High Street Carlisle, PA 17013-3093 (717)243.3341 Attorneys for Defendant Mary Huber o s Date: LfII ?/ 2 CERTIFICATE. OF SERVICE I, David R. Galloway, an authorized agent for MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Defendant's Motion to Consolidate Pursuant to Pa.RC.P 213 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard E. Freebum, Esquire 4775 Linglestown Road Suite 200 Harrisburg, PA 17112 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 MARTSON By avi R. Gallows Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?p/°1// WILLIAMS & OTTO Ph . r ?. ::nt ?• u .4 : c.,?? r'•, ,{ •-5 ? ny U ?_ • .? j ?y. C7 NICHOLAS HEVEL, a minor, by : IN THE COURT OF COMMON PLEAS Janice Hovel, as Custodial Parent : CUMBERLAND COUNTY, PENNSYLVANIA and Guardian, and in her own right; BRITTANY RUSS, a minor, by : NO. 99-6498 Janice Hovel, as Custodial Parent and Guardian, and in her own right; : CIVIL ACTION - LAW SHERI JACOBSON, a minor by Janice Hovel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the : ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant ACCEPTANCE OF SERVICE I hereby accept service of the Writ of Summons in the above-referenced matter. By: I 'AL?T? 4L ItA Mary Huber 3 Patricia Drive Enola PA 17025 Date: - /;? - 0l - a? r a i s x • vl 7' NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of the County of Northumberland, and certify that I am authorized to do so. J e A. Zurick, Solicitor C ty of Northumberland Northumberland County Courthouse 201 Market Street Sunbury PA 17801 Date: ?- 3 - 6? NICHOLAS HEVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE REVEL, as Guardian; SHERI JACOBSON, a minor by JANICE REVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION - LAW : JURY TRIAL DEMANDED STACEY L. HARMON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7449 MARY HUBER, Defendant JURY TRIAL DEMANDED NICHOLAS HEVEL, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, BRITTANY : RUSS, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, SHERI JACOBSON, minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler, Plaintiffs V. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants V. MARY E. HUBER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3504 - CIVIL ACTION LAW Additional Defendant : JURY TRIAL DEMANDED AND NOW, thisa day of May, 2002, upon consideration of the foregoing Motion to Consolidate and to transfer these actions to Northumberland County, a Rule is hereby issued on all parties to show cause, if any there be, why the Motion should not be granted. RULE returnable 20 days after service. fxct;aj ?? o % ?? .J.' f. O-C IP07? q. 02 HA Y -9 PH 3. n8 cumk ch?o pENAS}L??? N11' P %RLRWA7AnLMJNEUALLIW1J7.i.. Lhrs6 02 W It 04 AM Rot" Q%M 3N zt u AM NICHOLAS HEVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6498 CIVIL ACTION - LAW JURY TRIAL DEMANDED STACEY L. HARMON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7449 MARY HUBER, Defendant JURY TRIAL DEMANDED •NNiiiiitiititii??iigiiii•Ni?Ni/?N•?iiiiNii Ni/iii??/iii•iN/t N/Ni/Nit NICHOLAS HEVEL, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, SHERI JACOBSON, minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler, Plaintiffs V. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3504 - CIVIL ACTION LAW V. MARY E. HUBER, Additional Defendant : JURY TRIAL. DEMANDED MOTION TO CONSOLIDATE. AND TRANSFER VENUE AND NOW, comes Mary E. Huber (hcreinullcr, "Movant" ), by and through her attorneys, MARTSON DEARDORFF WILLIAMS & 0170, and moves this Ilonornblo Court as follows: 1. All of the above captioned cases arise out of a motor vehicle accident that occurred on June 6, 1999 in the Borough of Northumberland, Northumberland County, Pennsylvania. 2. Some actions have been commenced in Cumberland County and sonic actions have been commenced in Northumberland County. 3. The action of Stacey Harmon v. Barry Lee Mulschler, ct al, originally docked at No. 2001-3453, Cumberland County, was transferred to Northumberland County by Order dated March 22, 2002, a copy of which is attached hereto, 4. Some actions involving governmental entities must be brought in the county where the accident occurred. 5. All claims arising out of this motor vehicle accident must be heard and decided in the same forum which must be Northumberland County. 6. Movant is a Defendant in sonic actions, as well as an Additional Defendant in some actions. Movant is not aware of any party who opposes this request; however, it has proven difficult to obtain signatures to a Stipulation, especially parties who are pro se. WHEREFORE, Mary E. Huber prays Your I lonorable Court to consolidate and transfer the above actions to Northumberland County. MARTSON DEARDORFF WILLIAMS & O1TO Thomas J. WillidaA, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: May 8, 2002 Attorneys far Mary E. Huber CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion to Consolidate and Transfer Venue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard E. Freebum, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 Attorney for Janice Hevel Michael J. Cassidy, Esquire P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Borough of Northumberland in No. 01-3453 County of Northumberland 201 Market Street Sunbury, PA 17801 Pro Se in No. 01-3504 Paul W. Grego, Esquire P.O. Box 10248 Lancaster, PA 17605 Attorney for County of Northumberland in No. 01-3453 Borough of Northumberland 221 Second Street Northumberland, PA 17857 Pro Se in No. 01-3504 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, PA 17108 Attorney for Dawn Raynes Richard Maffet, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Stacey L. Harmon Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Department of Transportation 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Sunoco, Inc. and Bang Lee Mutschler MARTSON DEARDORFF WILLIAMS & OTTO By _ Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 Dated: May 8, 2002 (717) 243-3341 STACEY L. HARNON, Plaintiff v BARRY LEE NOTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC alrXxINO a ?IC ?INXM GROVPt/d/b/a COMMONWEALTE OF PE'NN/YLVANIA, DEPARTMDDIT OF TRANSPORTATION, COUNTY OF NORTEOMDERLAND, BOROUGH OF NOR-TauEALAND, and DAWN R. RAYNEY, Defendants MAR 21 200[ IN THN COURT OF COMMON PLEAS CUMBERLAND COMITY, PENNSYLVANIA NO. 01-3453 CIVIL ACTION - LAN JQRY TRIAL DEMANDED Q$IDjR An NOW, this day of ,au-II , 2001, upon consideration of the Stipulation signed by each of the above- captioned parties that the appropriate venue for the above- captioned action in Northumberland County, Pennsylvania, IT I8 RZRXBY ORDSRSD AND DSCMXD THAT: the above-captioned matter in transferred to the Court of Common Pleas of Northumberland County, Pennsylvania, for disposition. HY Tzz COURTS jAS4aLL 2_ a - 1? F C_ { CU ?? r.; C.L `? o 5 3 c Z Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 Attorneys for Defendant Borough of Northumberland NICHOLAS HEVEL, el al., Plaintiffs V. MARY HUBER, Defendant STACEY L. HARMON, Plaintiff V. MARY HUBER, Defendant NICHOLAS HEVEL, et al., , Plaintiffs V. BARRY LEE MUTSCHLER, et al., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7449 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE TO MOT/ON TO CONSOL/DATEAND TRANSFER VENUE AND NOW, this 6 day of May, 2002, comes the Borough of Northumberland, through its undersigned attorneys, and responds to Mary E. Huber's motion to consolidate and transfer venue as follows: 1. Admitted. _._ ,. 2. Admitted in Part. Denied in Part. It is admitted that at least four actions have been commenced in Cumberland County. That any actions have been commenced in Northumberland County is denied In that after a reasonable investigation, Defendant Borough of Northumberland is without knowledge or information sufficient to form a belief as to the truth of said averment. 3. Denied. On the contrary, by Order entered March 22, 2002, pursuant to stipulations of the parties in that action presented to the Court by Plaintiffs counsel, it was ordered that said action be transferred to the Court of Common Pleas of Northumberland County, Pennsylvania. However, Plaintiff has failed to pay the costs of transfer and the Prothonotary of Cumberland County has not transferred the action pending payment of those costs. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, Defendant Borough of Northumberland stipulates and agrees to the Instant motion and respectfully suggests that the three actions which are the subject of this motion be consolidated as well and transferred with the action that is referred to in paragraph 3 of the instant motion with Plaintiff to pay the costs of transfer. WHEREFORE, Defendant Borough of Northumberland concurs with the Instant motion. JOHNSON, DUFFIE, STEWART R WEIDNER By: Roy Weidner, if' . :1158767 5774.356 C ER T/ F/ CA r E OF SERVICE e7ocio AND NOW, this 7 day of May, 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing response to motion to consolidate upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire Marston, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013-3093 Richard E. Freebum, Esquire Freebum & Hamilton 4415 North Front Street Harrisburg, PA 17110 Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15'h & John F. Kennedy Boulevard Philadelphia, PA 19102 :158767 5774.358 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15" Floor, Strawberry Square Harrisburg, PA 17120 Robert J. Menapace, Esquire Walsh & Menapace 62 North Front Street P.O. Box 556 Sunbury, PA 17801-2140 Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 JOHNSON, DUFFIE, STEWART & WEIDNER By le Hagy POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 NICHOLAS HEVEL, a minor, by Janice Hevel as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian,. and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, V. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS HEVEL, a minor, by Janice Hevel, as guardian, BRITTANY RUSS, a minor, by Janice Hevcl, as guardian, SHERI JACOBSON, a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, MARY HUBER ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND DE V 0 2t COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-3504 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99.6498 ORDER AND NOW, this ay of 42"6- , 2002, upon Motion and Stipulation of the parties, it is hereby ORDERED that the Prothonotary of this Court immediately transfer the above captioned actions to Northumberland County, Pennsylvania. c° 4na la-a3-o POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. N: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 NICHOLAS HEVEL, a minor, by Janice Revel as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Revel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Revel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, V. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS REVEL, a minor, by Janice Revel, as guardian, BRITTANY RUSS, a minor, by Janice Revel, as guardian, SHERI JACOBSON, a minor by Janice Revel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, Plaintiffs, V. NARY HUBER Defendant. ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-3504 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99.6498 MOTION FOR TRANSFER NOW INTO COURT, through undersigned counsel, come the parties, who hereby move this Court to transfer the above captioned actions to Northumberland County, for the following reasons: 1) The above captioned action resulted from a motor vehicle traffic accident which occurred on June 6, 1999 in Sunbury, Northumberland County, Pennsylvania. 2) There were three actions filed in Cumberland County as a result of the accident, the two of which are captioned above, and the other already having been transferred to Northumberland County, in the case of Stacey Harmon v. Bann Lce Mutschlcr, et al, No. CV- 02-812. 3) The parties hereby stipulate and agree that all of the actions are properly venued in Northumberland County and should be transferred thereto. 4) A Stipulation in this regard, signed by counsel for all parties is attached. WHEREFORE, it is requested of this Honorable Court to approve and transfer the above captioned actions to Northumberland County. POST & By: Attorney for Defendant County of Northumberland -2. POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 NICHOLAS HEVEL, a minor, by Janice Hevel as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased plaintiffs, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. 91CHOLAS HEVEL, a minor, by Janice Hevel, is guardian, BRITTANY RUSS, a minor, by Janice Hevel, as guardian, SHERI JACOBSON, i minor by Janice Hevel, as guardian, and v1ICHAEL GOTTSHALL, Executor of the :STATE OF JACK D. DEIBLER, Plaintiffs, V. 4ARY HUBER ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-3504 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99.6498 Defendant. STIPULATION OF TRANSFER AND CONSOLIDATION STIPULATION OF TRANSFER AND CONSOLIDATION NOW INTO COURT, through undersigned counsel, come the parties in the above captioned actions as well as the action of Stacey Harmon v Barry Lee Mutschler, et al, No. CV- 02-812 in the Court of Common Pleas of Northumberland County, who hereby Stipulate and agree that the above-captioned actions shall be transferred to Northumberland County, and, thereafter, consolidated with the case of Harmon v. Mutschler, et al. Richard E. Freebum, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 -2- STIPULATION OF TRANSM AND CONSOLIDATION 61. A Attomcy for Plaintiff in H Ion Apron No. 02-812 Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PA 17110 .3- ISTIPULATION OFTRANSFER ANDCONSOUDATION , Marketing and Barry Lee Mutschler John F. Fox, Jr., Esquire LAW OFFICES OF JOHN F. FOX, JR. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 -4- STIPUTATION OF TRANSFER AND CONSOLIDATION i y ? krk, Esquire 'forts Itigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 -5. STIPUTATION OF TRANSFER AND CONSOLIDATION ? k, Paul W. Grego, Esquire POST & SCHELL, P.C. 1857 William Penn Way Lancaster, PA 17605-0248 Is+?? .6- STIPULATION OF TRANSFER AND CONSOLJDATION •Ii C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE ST WART & WEIDNER 301 Market Street P.O. Box 109 Lcmoyne, PA 17043-0109 -7- -z"? jryt: .5 F?} .134 H??I STIPUTATION OF TRANSFER AND CONSOUOATION Robert lames Menapl WALSH AND MEND 62 North Front Street P.O. Box 556 Sunbury, PA 17801 .10 £4: -8- 11 II S71PUtATION OF TRANSFER AND CONSOLIDATION . T .) ww Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, PA 17013 -9- CERTIFICATE OF SERVICE. 1, Sandra Moralcs, an employee of the law offices of Post & Schell, P.C., do certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PA 17110 Richard E. Frecbum, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 Jay W. Stark, Esquire Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 s Robert James Menapace, Esquire ? 1 WALSH AND MENAPACE + .. ,.c' 62 North Front Street ' P.O. Box 556 Sunbury, PA 17801 Thomas J. Williams, Esquire ` MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, PA 17013 x v r ? SANDRA MORALES 3 DATE: -7 4 . -3. t' t •$5 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant Case No. 99-6498 CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiffs, by their attorneys, Freeburn & Hamilton, intend to proceed with th a e-captioned matter. Print Name: Richard E. Freeburn Sign Name: Date: 10/ 18/05 orney for Plaintiffs Explanatory Comment The Supreme Court of Pennsylvania has promulgated new rule of Civil procedure 230.2 governing the termination of innctive cases and amended rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of Mir Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New rule 230.2 is tailored to the needs of civil nctions. It provides a complete procedure and a uniform statewide practice, preempting local rules. Tlds rule was promulgated in response to the decision of the Supreme Court in Shop v. Engle. 551 Pa. 360, 710 A.2d 1104 (1998) in which the court held that 'prejudice to the defendant ns n result of delay in prosecution is required before n case may be dismissed pursunnt to local rules implementing Rule of Judicial Administration 1901.' Rule of Judicial Administration 1901(b) has been amended to nrcommodnte the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process in initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and 'the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute.' If a party wiahes to pursue the matter, he or site will file n notice of intention to proceed and the action shall continue. A. Where the Action has been terminated If the action is terminated when a party believes that it should not hove been terminated, thnt party may proceed under Rule 230(d) for relief from the order of termination. An example of such on occurrence might be the termination of n viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely rile the notice of intention to proceed. The timing of the filing of the petition to reinstate the nction is important. If the petition is filed within 30 days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the 30-day period, subdivision (d)(3) requires thin the plaintiff must make n show in to the court that the petition was promptly filed anti that there is a reasonnble explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of terminntinn oar the docket and for the failure to file the petition within the 30-day period under subdivision Id)(2) • 0. Where rite action has not been terminated An nction which has not be.n terminated but which continues upon the filing of a notice of intention to proceed mny have been the subject of inordinnte delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits indeprndently of termination under Rude 230.2. Vol- 1"' C7 N %I- NICHOLAS HEVEL, a minor, by Janice Hevei, as Custodial Parent and Ounrdian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, TO: Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99.6498 CIVIL ACTION - LAW PRAWIPE Kindly mark the above-captioned matter discontinued. Respectfully submitted, FREEEBBUURN & HAMILTON By: \1? Rich d E. Freebum, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Defendant Date: 2/22/06 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praeeipe has been duly served on the following this 1st day of March, 2006, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Robert J. Menapace, Esquire WALSH & MENAPACE PO Box 556 Sunbury PA 17801-2140 C. Roy Weidner, Jr., Esquire JOHNSON DUFFLE STEWART & WEIDNER PO Box 109 Lemoyne PA 17043-0109 Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg PA 17110 BY: Georgiann@J. Hess, ' sistant to Richard E. Freet u squire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 3/1/06 Attorney for Plaintiffs _. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. _ 19 gq- ?4Q? Civil Action - (X) Law ( ) Equity Nicholas Hevel, a minor, by Mary Huber Janice Hevel, as guardian versus 3 Patricia Drive 302 South State Road Enola PA 17025 Marysville PA 17053 Brittany Russ, a minor, by Janice Hevel, as guardian Sheri Jacobson, a minor, by Janice Hevel, as guardian Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiff(s) & Address Defendant(s) & Address PRAECIPE FOR WRIT OF SUMMONS C,ui TO THE PROTHONOTARY: Please issue Writ of Summons in the above-captioned action. 2 Writ of Summons shall be issued and forwarded to ( X ) Attorney ( ) Sheriff Richard E. Freeburn, Esquire 4775 Linglestown Road, Ste. 200 Harrisburg, PA 17112 Signature W -Attorney (717) 671-1955 Supreme Court ID No. 30965 Date: 10/25/99 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): MARY HUBER YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ?I Prothonotary C Date: Q 9 B /I Deputy N LT- t 1 IL'o 1.'7 --i C ?a d=' G.'t -r, T1 f7 9 NICHOLAS HEVEL, a minor by JANICE HEVEL, as guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBER] AND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I hereby accept service of the Writ of Summons in the above- referenced matter. By, ary Hu r 3 Patricia Drive Enola PA 17025 Date: ! / 7 C7 "? O y ?` rn F:\FILES\DATAFILE\DONEGAL. DOC\157-pra. 1/tde Created: 01/11/00 10:12:25 AM Revised: 01/11/00 10:2007 AM 3050.157 NICHOLAS REVEL, a minor by JANICE REVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6498 CIVIL ACTION - LAW MARY HUBER, : Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Mary Huber in the above matter. MARTSON DEAR:DORFF WILLIAMS & OTTO By 1 Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17,313 (717) 243-3341 Attorneys for Defendant Mary Huber Dated: January 11, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard E. Freeburn, Esquire 4775 Linglestown Road Suite 200 Harrisburg, PA 17112 MARTSON DEARDORFF WILLIAMS & OTTO Y cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 11, 2000 cm, MAD :;M ' W s? N to ? PROOF OF SERVICE I hereby certify that I served Records Deposition Subpoenas in the NICHOLAS HEVEL, a minor by IN THE COURT OF COMMON PLEAS JANICE REVEL, as guardian; CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY RUSS, a minor by JANICE HEVEL, as guardian; NO. 99-6498 SHERI JACOBSON, a minor by JANICE HEVEL, as guardian; CIVIL ACTION - LAW MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant above-captioned matter by certified mail, return receipt requested, on February 1, 2000, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with special prepaid postage. The postal return receipt evidencing said service are attached hereto. Respectfully submitted, FREEBURN & ASSOCIATES By: Ri hard E. Freeburn, Esquire I.D. No. 30965 4775 Linglestown Road, Suite 200 Harrisburg, PA 171.12 (717) 671-1955 Dated: 2/15/00 Attorney for Plaintiffs Hevel Z 369 157 -12-0 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) sVlantic Refining Strr6d V" ?k5rket St Th`S TYw'n, W "7910 3 Postage $ , SS Certified Fee L[ b Special Delivery Fee Restricted Delivery Fee u7 rn Return Receipt Showing to S _ Whom 3 Date Delivered cc Rehm Receipt I r a Date, 6 A co TOTAL e &tUp Oo Postm ate Z 9 ILL 4LP 0,/- d co ? bN SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. i • Complete items 3, 4a, and 4b. following services (for an • Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ¦ Attach this form to the front of the mailpiece, or on the back if space does not prima. " " 1. ? Addressee's Address 2 ? R i d D li ¦ Write Return Receipt Requested on the mailpiece below the article number. . estr cte e very ¦ The Return Receipt will show to whom the article wa delivered. s delivered and the date Consult postmaster for fee. g 3. Article Addressed to: 4a Article N umber Atlantic Refining and ' Z. 369 157 120 F Marketa-ng Corp 4b. Service Type ' 1801 Matket street Regstered Certified Philadelia PA 19103 ? ?xpieSS Mail ? Insured ?. Return Receipt for Merchandise ? COD 7. Date of Delivery $ --© 5. Re ei ed By: (Print Na 8. Addressee's dress (Only if requested and fee is paid) 6 ignature• (A dresse orA eptl g X l PS Form 3811, December 1994 f Ppmstic Return Receipt Hevel Z 369 157 11`! US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See revs Sent to Northumberland Police 'TIMNet Street Post Office, State, & ZIP Code Northumberland PA Postage $ .SAS Certified Fee r Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showin to a Whom & Date ro ¦ ` 6th ®t ge & e $ - t acs 1MP rate y 0.9 20 n[1n uSP5 SENDER: I also wish to receive the • • Complete items 1 and/or 2 for additional services. ¦ Complete items 3, 4a, and 4b. following services for an g ¦ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ¦ Attach this form to the front of the mailpiece, or on the back if rmit space does not 1. ? Addressee's Address pe . ¦ Write "Return Receipt Requested" on the mailpiece below the article number. 2. ? Restricted Delivery ¦ The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article N umber Northumberland Police De t Z 369 157 119 p . 4b i S T 219 Market Street . erv ce ype ? R i t d C ifi d Northumberland PA 17857 eg s ere ert e ? Express Wail ? Insured L? ? Retum Receipt for Merchandise ? COD 1 7. Date of Delivery 5 5. Received By: (Print Name) 8. Addressee's Address Only if requested and fee is paid) t-orc,..(c ol// ? 6. Signature: (fie or PS Form 3811, Decd er 1994 1025V&08-B D0.01estic Return Receipt Hevel Z 369 157 118 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Barry Lee Mutschler 'IV p mt>box 474-K Northt?.eland PA Postage $ , S S Certified Fee r q Q Special Delivery Fee Restricted Delivery Fee r( S Return Receipt Showing to Whom & Date Defivere Q Retum Recei9l5how WNVA 9 a Date, & Addressee 10 . S TOTAL Post ee`(. $ C 0 Postmark or Z 9 0 N ba c U) by SQ ' ? SENDER: ¦ Complete items 1 and/or 2 for additional services I also wish to receive the . ¦ Complete items 3, 4a, and 4b. followin g services (for an ¦ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ¦ Attach this form to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address aj permit. ¦ Write `Return Receipt Requested"on the mailpiece below the article number. Th R t Re i 2.XRestricted Delivery ¦ e e urn ce pt will show to whom the article was deli delivered. vered and the date Consult postmaster for fee. 3. Article Addressed to: 4a. Article N umber Z 369 157 118 Mr. Barry Lee Mutschler 4). Service Type RD 2, Box 474-K b, F ati Istered XCertified Northumberland PA 17857 C ,'Express Mail ? Insured g° RetUm'Receipt for Merchandise ? COD 7. Date of Deli`;eSy- / (-0c) Received By: (Print Name) 8. Addressee's Address (Only if requested 0. r Lfl < and fee is paid) 6. ' t re: ( ssee or A ent) X 3811, December 1 102595-99-ems Domestic Return Receipt Hevel Z 369 157 117 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use fnr Intematinnnl 6Anil /Cnn .o.a.,...? SWelantic Refining '?I t burr bnPson Ferry Road Post Office, State, & ZIP Code Mechanicsbur PA Postage $ * 5-5- Certified Fee ! L4 o I Special Delivery Fee Restricted Delivery Fee Lo Return Receipt Showing to Whom & Date Delivered 1 . d a Return Receipt StMiN to Whom, Q Date, & Addr O 0 ' TOTA Qgl. e &F as ` -? Pos J!?or Dat a , cr to ? _ a -, r. 1 ,.el? a SENDER: C I l ¦ omplete items 1 and/or 2 for additional services a so wish to receive the p . ¦ Complete items 3, 4a, and 4b. ¦ Print your name and address on the reverse of this form so that c d we can return this following services (for an extra fee): ar h you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. 1. 11 Addressee's Address ¦ Write "Return Receipt Requested"on the mailpiece belo,we*,g*tide .number. • The Return Receipt will show to whom the article wa d li 2. ? Restricted Delivery s e vered. and the date delivered. 3 Consult postmaster for fee. . Article Addressed to: a : 4A, Article Number Atlantic Refining and 369 157 117 Market ing Corp. 4b Service Type 5145 Simpson Ferry Road M CI Registered X Certified echanicsburg PA 17055 ? Express Mail ? Insured ? Return Receipt for Merchandise ? COD 7. Date of Defive 5 Received B : (Print N . y ame) 8. Addressee's Address (Only if requested and fee is paid) z 6. Signature: (Addressee rAgent) X PS Fo 11, December 1994 tozsas-sa-e 0229 Domestic Return Receipt CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Proof of Service, has been duly served on the following this 15th day of February, 2000, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 ` BY Ric and E. F eeburn, Esquire Attorney I.D. #30965 FREEBURN & ASSOCIATES 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 2/15/00 Attorney for Plaintiffs --. t?, c _r -? ? i NICHOLAS HEVEL, a minor by JANICE HEVEL, as guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAnfD COUNTY, PENNSYLVANIA NO. 99-649, CIVIL ACTION -LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 40091.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Richard E. Freeburn, Esquire 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 (20) 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 the Certificate; 3. Opposing counsel has waived his objection to the subpoena; 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. FREEBURN & ASSOCIATES ?L - Richard E. Free-burn, Esquire I.D. No. 30965 4775 Linglestown Road, Ste. 200 Harrisburg PA 17112 (717) 671-1955 Date: 5/10/00 Attorney for Plaintiff NICHOLAS HEVEL, a minor by JANICE HEVEL, as guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as guardian; SHERI JACOBSON, a minor by JANICE REVEL, as guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Plaintiffs intend 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 subpoena. If no objection is made, the subpoena may be served. FREEBURN &: ASSOCIATES Richard . Fre burn, Esquire I.D. No. 30965 4775 Linglest.own Road, Ste. 200 Harrisburg PA 17112 (717) 671-1955 Date: 4/28/00 Attorney for Plaintiffs NICHOLAS REVEL, a minor by JANICE HEVEL, as guardian; BRITTANY RUSS,'a minor by JANICE HEVEL, as guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as guardian; MICHAEL GOTTSHALL Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY: PENNSYLVANL : NO. 99-6498 : CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS .OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Borough of Northumberland 221 Second Street Northumberland PA 17857 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all writings of any kind, including written, recorded or graphic matter, correspondence, personal and interoffice memoranda, notes, diaries, log books, calendars, statistics, analyses, projections, indices, letters, telegrams, minutes, contracts, agreements, reports, studies, summaries, pamphlets, photographs, drawings, work requests, work assignments, job reports, billing records, financial records, etc., in the possession, custody or control of any department of the Northumberland Borough relating to: 1. The need for traffic control devises at the intersection of Hanover Street and Front Street in the Borough of Northumberland; 2. The selection of stop signs as the appropriate traffic control device at the intersection of Hanover Street and Front Street in the Borough of Northumberland; 3. The installation of the stop sign at the south east corner of the intersection of Hanover Street and Front Street in the Borough of Northumberland present on 6/6/99; 4. Complaints relating to traffic on Front Street at or near the intersection of Hanover Street and Front Street in the Borough of Northumberland present on 6/6/99; 5. Motor vehicle accidents on Front Street at or near the intersection of Hanover Street and Front Street in the Borough of Northumberland; 6. Any maintenance performed at or near the stop sign present at the south east corner of the intersection of Hanover Street and Front Street in the Borough of Northumberland including but not limited to trimming of vegetation; at dress) 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 of 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: Richard E. Freeburn, Esquire Freeburn & Associates 4775 Linglestown Road, Ste. 200 Harrisburg PA 17112 (717) 671-1955 I.D. No. 30965 Attorney for Plaintiffs Date: By the Court: Prothonotary Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent, has been duly served on the following this 28th day of April, 2000, by placing the same in the U.S. '.First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 BY. Rich d . Freebburn, Esquire Attorney I.D. #30965 FREEBURN & ASSOCIATES 4775 Linglestown Road, Suite 200 Harrisburg, PA ]17112 (717) 671-1955 Dated: 4/28/00 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct: copy of the foregoing Certificate Prerequisite to Service of Subpoena, has been duly served on the following this 10th day of May, 2000, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 I. By. Richard E. eeburn, Esquire Attorney I.D. #30965 FREEBURN & ASSOCIATES 4775 Linglestown. Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 5/10/00 Attorney for Plaintiffs C CD -; 7s ? > t? N) rn b e t? NICHOLAS HEVEL, a minor, by IN THE COURT OF COMMON PLEAS Janice Hevel, as Custodial Parent CUMBERLAND COUNTY, PENNSYLVANIA and Guardian, and in her own right; BRITTANY RUSS, a minor, by NO. 99-6498 Janice Hevel, as Custodial Parent and Guardian, and in her own right; CIVIL ACTION - LAW SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant PRAECIPE TO: Prothonotary Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON By: ? '; ? -- - - Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 6/5/01 Attorney for Plaintiffs n c? ? n v 2 77 ^Y 7.- I?1 a NICHOLAS REVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, TO: Prothonotary Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION -LAW DD AIR "DV Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON By: I,. L&, Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 7/2/01 Attorney for Plaintiffs r. 77 t: fJ) C.... ^ ' is .. NICHOLAS REVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6498 : JURY TRIAL DEMANDED STACEY L. HARMON, Plaintiff, V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-7449 JURY TRIAL DEMANDED 4 ? " ORDER OF COURT AND NOW, this ? day of wfz::?- , 2001, upon consideration of the attached Defendant's Motion to Consoli ate Pursuant to Pa.R.C.P. Rule 213, it is hereby ordered that the above captioned civil actions shall be consolidated into Civil Action No. " - (Aylg By the Co , J. ? p?.vo? QAle.p Caa•ol l R?S YlN '4%-MNN3d All N'?( y) -,c 3 0? :9 !IV r? 'rgf' Ipo f i`1 j; - F:\FILES\DATAFILE\DONEGAL. DOC\157-mot. I/drg\tde • Created: 06/12/01 1109:01 AM Revised: 06/15101 01:43:22 PM 3050.157 NICHOLAS REVEL, a minor by JANICE REVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant STACEY L. HARMON, Plaintiff, V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6498 : JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7449 JURY TRIAL DEMANDED DEFENDANT'S MOTION TO CONSOLIDATE PURSUANT TO Pa. R.C.P. 213 AND NOW, comes Defendant, Mary Huber, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. On or about June 6, 1999, Defendant, Mary Huber was operating her automobile north on Hanover Street in the Borough of Northumberland, Northumberland County, when she collided with a tractor-trailer. 2. All Plaintiffs were passengers in the vehicle operated by Defendant Huber. 3. On or about October 26, 1999 Plaintiffs, Nicholas Hevel, Brittany Russ, Sheri Jacobsen, and the Estate of Jack Diebler, as a result of injuries allegedly sustained in the accident, commenced the above-captioned case via Praecipe for Writ of Summons. 1 4. On or about December 13, 1999, as a result of injuries allegedly sustained in the accident, Plaintiff Stacey Harmon commenced the above-captioned case via Praecipe for Writ of Summons. 5. At this time, no Complaint has been filed by either of Plaintiffs' counsel. 6. Defendant's counsel has received concurrence by all counsel to consolidate the two cases. 7. Pennsylvania Rule of Civil Procedure 213 provides, in part, " [i]n actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court ... may order a joint hearing or trial for any matter in issue in the actions. ..." Pa.R.C.P. 213(a). 8. Both above-captioned cases derive from the same automobile accident and involve the same questions of law and fact. WHEREFORE, Defendant respectfully requests this Court to consolidate the above- captioned cases, Nos. 1999-07449 and 1999-06498, pursuant to Pa.R.C.P. 213. MARTSON DEAF:DORFF WILLIAMS & OTTO By -TL.A.,- 1M.? k Thomas J. i ams, Esquire Attorney I.D. No. 17512 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Mary Huber f-lo ? Date: 4l1 2 CERTIFICATE OF SERVICE I, David R. Galloway, an authorized agent for MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Defendant's Motion to Consolidate Pursuant to Pa.RC.P 213 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard E. Freeburn, Esquire 4775 Linglestown Road Suite 200 Harrisburg, PA 17112 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO By David R. Gallowa} - Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: (//g?? l' ?• z ? ,. -?s7 t , ?s ? t:;1 .? ?n ` -? . c " ' ?? ?. e. NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 : CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I hereby accept service of the Writ of Summons in the above-referenced matter. By: Mary Huber 3 Patricia Drive Enola PA 17025 Date: - / 4? - U / `4 NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 : CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of the County of Northumberland, and certify that I am authorized to do so. Ja e A. Zurick, Solicitor C ty of Northumberland Northumberland County Courthouse 201 Market Street Sunbury PA 17801 Date: " 6? (? C: ;?? ' xs ' 1 ^ (T 14 . ?> r u'3 -?` _- ? t - _.... _..'i [_ . ? :a . J ?... "?.7 ?? ? _... _" _ ( .. '?" ?\ NICHOLAS REVEL, a minor by JANICE REVEL, as Guardian; BRITTANY RUSS, a minor by JANICE REVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ACTION - LAW : JURY TRIAL DEMANDED STACEY L. HARMON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7449 MARY HUBER, Defendant JURY TRIAL DEMANDED NICHOLAS HEVEL, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, BRITTANY : RUSS, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, SHERI JACOBSON, minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler, Plaintiffs V. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3504 - CIVIL ACTION LAW V. MARY E. HUBER, Additional Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of May, 2002, upon consideration of the foregoing Motion to Consolidate and to transfer these actions to Northumberland County, a Rule is hereby issued on all parties to show cause, if any there be, why the Motion should not be granted. RULE returnable 20 days after service. s"ll a /o. . X11° ^,? . , lbw=v c737??? F:\FILES\DATAFILE\DONEGAL.DOC\ 157-motion.con Created: 05/08/02 08:29:08 AM Revised: 05/08/02 08:29:44 AM NICHOLAS REVEL, a minor by JANICE HEVEL, as Guardian; BRITTANY RUSS, a minor by JANICE HEVEL, as Guardian; SHERI JACOBSON, a minor by JANICE HEVEL, as Guardian; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, deceased, Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6498 CIVIL ACTION - LAW JURY TRIAL DEMANDED STACEY L. HARMON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7449 MARY HUBER, Defendant JURY TRIAL DEMANDED NICHOLAS HEVEL, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, BRITTANY : RUSS, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, SHERI JACOBSON, minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler, Plaintiffs V. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3504 - CIVIL ACTION LAW V. MARY E. HUBER, Additional Defendant JURY TRIAL DEMANDED MOTION TO CONSOLIDATE AND TRANSFER VENUE AND NOW, comes Mary E. Huber (hereinafter, "Movant"), by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and moves this Honorable Court as follows: All of the above captioned cases arise out of a motor vehicle accident that occurred on June 6, 1999 in the Borough of Northumberland, Northumberland County, Pennsylvania. 2. Some actions have been commenced in Cumberland County and some actions have been commenced in Northumberland County. 3. The action of Stacey Harmon v. Barry Lee Mutschler, et al, originally docked at No. 2001-3453, Cumberland County, was transferred to Northumberland County by Order dated March 22, 2002, a copy of which is attached hereto. 4. Some actions involving governmental entities must be brought in the county where the accident occurred. 5. All claims arising out of this motor vehicle accident must be heard and decided in the same forum which must be Northumberland County. 6. Movant is a Defendant in some actions, as well as an Additional Defendant in some actions. 7. Movant is not aware of any party who opposes this request; however, it has proven difficult to obtain signatures to a Stipulation, especially parties who are pro se. WHEREFORE, Mary E. Huber prays Your Honorable Court to consolidate and transfer the above actions to Northumberland County. MARTSON DEAR.DORFF WILLIAMS & OTTO By_ Thomas J. Willi , Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: May 8, 2002 Attorneys for Mary E. Huber CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion to Consolidate and Transfer Venue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard E. Freebum, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 Attorney for Janice Hevel Michael J. Cassidy, Esquire P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Borough of Northumberland in No. 01-3453 County of Northumberland 201 Market Street Sunbury, PA 17801 Pro Se in No. 01-3504 Paul W. Grego, Esquire P.O. Box 10248 Lancaster, PA 17605 Attorney for County of Northumberland in No. 01-3453 Borough of Northumberland 221 Second Street Northumberland, PA 17857 Pro Se in No. 01-3504 Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, PA 17108 Attorney for Dawn Raynes Richard Maffet, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Stacey L. Harmon Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Department of Transportation John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Sunoco, Inc. and Barry Lee Mutschler MARTSON DEARDORFF WILLLAMS & OTTO By Tricia D. Eckcnroad Dated: May 8, 2002 Ten East High Street Carlisle, PA 17013 (717) 243-3341 LIAR 2 1. ZOO? STACEY L. HARMON, Plaintiff v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BARRY LEE MUTSCHLER, SUN COMPANY,'INC. t/d/b/a SUNOCO, NO. 01-3453 INC., ATLANTIC REFINING & MAREETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMON11EALTH.OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, CIVIL ACTION - LAW COUNTY OF NORTHUMBERLAND,. and BOROUGH OF NORTHUMBERLAND, R. RAYNES, ;JURY TRIAL DEMANDED Defendants ........................................................................ •.............. ORDER 2002, upon AND NOW, this AA day of M-a=Ll consideration of the Stipulation signed by each of the above- captioned parties that the appropriate venue for the above- captioned action is Northumberland County, Pennsylvania, IT IS HEREBY ORDERED AND DECREED THAT : the above-captioned matter is transferred to the Court of Common Pleas of Northumberland County, Pennsylvania, for disposition. BY THE COURT : J. l._ . I?? f f?P; m.`?? t". .? (?} t'?J -^-? _--* { t:7 A. ?. ?? it ?.?? t7'? -C Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 NICHOLAS HEVEL, et al., Plaintiffs V. MARY HUBER, Defendant Attorneys for Defendant Borough of Northumberland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6498 CIVIL ? CIVIL ACTION - LAW JURY TRIAL DEMANDED STACEY L. HARMON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-7449 CIVIL V. CIVIL ACTION - LAW MARY HUBER, JURY TRIAL DEMANDED Defendant NICHOLAS HEVEL, et al., IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3504 CIVIL BARRY LEE MUTSCHLER, et al., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED RESPONSE TO MOTION TO CONSOL/DATE= AND TRANSFER VENUE AND NOW, this 06 day of May, 2002, comes the Borough of Northumberland, through its undersigned attorneys, and responds to Mary E. Huber's motion to consolidate and transfer venue as follows: 1. Admitted. 2. Admitted in Part. Denied in Part. It is admitted that at least four actions have been commenced in Cumberland County. That any actions have been commenced in Northumberland County is denied in that after a reasonable investigation, Defendant Borough of Northumberland is without knowledge or information sufficient to form a belief as to the truth of said averment. 3. Denied. On the contrary, by Order entered March 22, 2002, pursuant to stipulations of the parties in that action presented to the Court by Plaintiffs counsel, it was ordered that said action be transferred to the Court of Common Pleas of Northumberland County, Pennsylvania. However, Plaintiff has failed to pay the costs of transfer and the Prothonotary of Cumberland County has not transferred the action pending payment of those costs. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, Defendant Borough of Northumberland stipulates and agrees to the instant motion and respectfully suggests that the three actions which are the subject of this motion be consolidated as well and transferred with the action that is referred to in paragraph 3 of the instant motion with Plaintiff to pay the costs of transfer. WHEREFORE, Defendant Borough of Northumberland concurs with the instant motion. JOHNSON, DUFFIE, STEWART & WEIDNER By: ? C7 Roy Weidner, :158787 5774-356 CERTIF/CA TE OF SER VICE 00 CVh day of May, 2002, the undersigned does hereby certify that she did this date AND NOW, this 0 7 serve a copy of the foregoing response to motion to consolidate upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire Marston, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013-3093 Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th & John F. Kennedy Boulevard Philadelphia, PA 19102 :158787 5774-356 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Robert J. Menapace, Esquire Walsh & Menapace 62 North Front Street P.O. Box 556 Sunbury, PA 17801-2140 Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 JOHNSON, DUFFIE, STEWART & WEIDNER By:-/, h le Hagy C? i'w) ?:.: raa POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, V. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS HEVEL, a minor, by Janice Hevel, as guardian, BRITTANY RUSS, a minor, by Janice Hevel, as guardian, SHERI JACOBSON, a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, Plaintiffs, V. MARY HUBER ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND DE 0 21 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-3504 ? COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99-6498 Defendant. C ORDER AND NOW, this 2-1 VA-clay of2002, upon Motion and Stipulation of the parties, it is hereby ORDERED that the Prothonotary of this Court immediately transfer the above captioned actions to Northumberland County, Pennsylvania. R la-a3-oa oc L. J ?. n (I T?j POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, V. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS HEVEL, a minor, by Janice Hevel, as guardian, BRITTANY RUSS, a minor, by Janice Hevel, as guardian, SHERI JACOBSON, a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, Plaintiffs, V. MARY HUBER ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-3504 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99-6498 Defendant. MOTION FOR TRANSFER NOW INTO COURT, through undersigned counsel, come the parties, who hereby move this Court to transfer the above captioned actions to Northumberland County, for the following reasons: 1) The above captioned action resulted from a motor vehicle traffic accident which occurred on June 6, 1999 in Sunbury, Northumberland County.. Pennsylvania. 2) There were three actions filed in Cumberland Country as a result of the accident, the two of which are captioned above, and the other already having; been transferred to Northumberland County, in the case of Stacey Harmon v. Barry Lee Mutschler, et al, No. CV- 02-812. 3) The parties hereby stipulate and agree that all of the actions are properly venued in Northumberland County and should be transferred thereto. 4) A Stipulation in this regard, signed by counsel for all parties is attached. WHEREFORE, it is requested of this Honorable Court to approve and transfer the above captioned actions to Northumberland County. POST & SC, HELL, P.C. Y PAUL INV. GREGO, E U!11-RR-EE Attorney for Defendant County of Northumberland -2- POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, V. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS HEVEL, a minor, by Janice Hevel, as guardian, BRITTANY RUSS, a minor, by Janice Hevel, as guardian, SHERI JACOBSON, a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, Plaintiffs, V. MARY HUBER ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-3.504 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99-6498 Defendant. STIPULATION OF TRANSFER AND CONSOLIDATION STIPULATION OF TRANSFER AND CONSOLIDATION NOW INTO COURT, through undersigned counsel, come the parties in the above captioned actions as well as the action of Stacey Harmon v. Barry Lee Mutschler, et al, No. CV- 02-812 in the Court of Common Pleas of Northumberland County, who hereby Stipulate and agree that the above-captioned actions shall be transferred to Northumberland County, and, thereafter, consolidated with the case of Harmon v. Mutschler, et al. Attorney or Pl Intiffs in Hevel Action No. 01-3504 Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 -2- STIPULATION OF TRANSFER AND CONSOLIDATION Attorney for Plaintiff in H on on No. 02-8 E Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PA 17110 -3- STIPULATION OF TRANSFER AND CONSOLIDATION rney for Sunoco, In ., Atlantic Refining & Marketing and Barry Lee Mutschler John F. Fox, Jr., Esquire LAW OFFICES OF JOHN F. FOX, JR. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 -4- STIPULATION OF TRANSFER AND CONSOLIDATION -5- Strawberry Square, 15th Floor Harrisburg, PA 17120 STIPULATION OF TRANSFER AND CONSOLIDATION e Attorney for County of No Paul W. Grego, Esquire POST & SCHELL, P.C. 1857 William Perm Way Lancaster, PA 17605-0248 -6- STIPULATION OF TRANSFER AND CONSOLIDATION At orney f Borough of I?ZorffumSerlland C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street: P.O. Box 109 Lemoyne, PA 17043-0109 -7- STIPULATION OF TRANSFER AND CONSOLIDATION Attorney for Dafvn R. Rdynes Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Sunbury, PA 17801 -8- STIPULATION OF TRANSFER AND CONSOLIDATION "1417-- Thomas J. William's, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, PA 17013 -9- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereb, certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PA 17110 Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 Jay W. Stark, Esquire Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STE`JVART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Sunbury, PA 17801 Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, PA 17013 SANDRA MORAL S DATE: Z7 n Z -3- ch r` i_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant Case No. 99-6498 CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiffs, by their attorneys, Freeburn & Hamilton, intend to proceed with the e -captioned matter. Print Name: Richard E. Freeburn Sign Name: Date: 10/ 18/05 orney for Plaintiffs Explanatory Comment The Supreme Court of Pennsylvania has promulgated new rule of Civil Procedure 230.2 governing the termination of inactive cases and amended rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of Civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360, 710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(6) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. A. Where the Action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule 230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within 30 days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the 30-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the Petition within the 30-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs V. MARY HUBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-6498 CIVIL ACTION - LAW PRAECIPE TO: Prothonotary Kindly mark the above-captioned matter discontinued. Respectfully submitted, FREEBURN & HAMILTON By: ?l Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Date: 2/22/06 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been duly served on the following this 1st day of March, 2006, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Robert J. Menapace, Esquire WALSH & MENAPACE PO Box 556 Sunbury PA 17801-2140 C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER PO Box 109 Lemoyne PA 17043-0109 Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg PA 17110 BY: GeorgiannV J. Hess, sistant to Richard E. Freeburn, squire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 3/ 1/06 Attorney for Plaintiffs t ?t CJ .,. _',.I,,. c'.