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HomeMy WebLinkAbout07-1870IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE O 7 '- lP?b l? I V 496 Woodcrest Drive File No. Mechanicsburg, PA 17050 Civil Action - Plaintiff vs. : JEANA M. PINCI 767 Humer Street Enola, PA 17025 And DIEGO LOPEZ 2428 Kensington Street Harrisburg, PA 17104 Jointly and Severally, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Please reissue summons in and against Jeana M. Pinci and Diego Lopez in the above case. X Writ of Summons shall be issued and forwarded to Sheriff. Signature of Attorney - Wayne M. Pecht, Esquire Herbert P. Henderson, II, Esquire Pecht & Associates 55 West Hi h Street Elizabethtown, PA 17022 (717) 367-2800 Name/Address/Telephone Number of Attorney Date: 4/3/07 Supreme Court ID Number 38904 SUMMONS IN CIVIL ACTION TO: Jeana M. Pinci and Diego Lopez YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Ah 5"?L rothon erk, vil Division Date: gza,'LI4 by Deputy N ? d ?J C l? 1 w? N a _n S [" -,n, m -'Yt { nv) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE 496 Woodcrest Drive File No. 07-1870 Mechanicsburg, PA 17050 Civil Action - Plaintiff VS. JEANA M. PINCI 767 Humer Street Enola, PA 17025 And DIEGO LOPEZ 2428 Kensington Street Harrisburg, PA 17104 Jointly and Severally, Defendants PRAECIPE Please amend the caption in the above referenced matter to: TY L. POPPE and MARIA I. POPPE, 496 Woodcrest Drive File No. 07-1870 Mechanicsburg, PA 17050 Civil Action - Plaintiffs VS. JEANA M. PINCI 767 Humer Street Enola, PA 17025 And DIEGO LOPEZ 2428 Kensington Street Harrisburg, PA 17104 Jointly and Severally, Defendants Respectfully Submitted, PECHT & ASS CIATE , PC By: Wayne . Pecht, Esquire, ID #38904 Herbert P. Henderson, II, Esquire, ID#56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 3 ?Ct ..; ?5 ?? '"? i ,J? s4 "'G (.. f 4? •y. #`?? h ?? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE and MARIA I. POPPE, 496 Woodcrest Drive Mechanicsburg, PA 17050 Plaintiffs File No. 07-1870 Civil Action - VS. JEANA M. PINCI 767 Humer Street Enola, PA 17025 And DIEGO LOPEZ 2428 Kensington Street Harrisburg, PA 17104 Jointly and Severally, Defendants AMENDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Please reissue summons in and against Jeana M. Pinci and Diego Lopez in the above case. X Writ of Summons shall be issued and forwarded to Sheriff. Si ture of Attorney - Wayne M. Pecht, Esquire Herbert P. Henderson, II, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Name/Address/Telephone Number of Attorney Date: 4/3/07 Supreme Court ID Number 38904 AMENDED WRIT OF SUMMONS IN CIVIL ACTION TO: Jeana M. Pinci and Diego Lopez YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. A /") vil Date: by Deputy C;. :{ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, NO. 07-1870 V. PRAECIPE FOR APPEARANCE JEANA M. PINCI and DIEGO LOPEZ, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 0- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, V. NO. 07-1870 JEANA M. PINCI and (Jury Trial Demanded) DIEGO LOPEZ, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendants, Jeana M. Pinci and Diego Lopez, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE Ik SKEEL, L.L.P. By: Kevn"D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 10TH day of May, 2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,,SKEEL, L.L.P. n D.- Rauch, Esquire nsel for Defendants ?± ? ?n -rr ?: ? t"a ..? ? ?"? :?.- ? i 1 ..'? ?i' ? ?..? r C? ? G3 'G C=+ C_7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, NO. 07-1870 V. PRAECIPE FOR RULE JEANA M. PINCI and TO FILE COMPLAINT DIEGO LOPEZ, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, V. NO. 07-1870 JEANA M. PINCI and (Jury Trial Demanded) DIEGO LOPEZ, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Ty L. Poppe, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL.L.L.P. By: r Raluch, Esquire I for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 10th day of May, 2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: evin D. auc , Esquire ounsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, Plaintiff, V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. CIVIL DIVISION NO. 07-1870 (Jury Trial Demanded) RULE AND NOW, this ?, day of OZ 2007, upon consideration of Defendants' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ? `elay of a , 2007. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 ?- n ^' ?_ _.T_, y.? ?t1 ,, <. - _: -_ C..e? f :-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. CIVIL DIVISION NO. 07-1870 PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, V. NO. 07-1870 JEANA M. PINCI and (Jury Trial Demanded) DIEGO LOPEZ, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Ty L. Poppe and Maria I. Poppe, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin D. Rauch, Esquire unsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19th day of June, 2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By, ww vin D. Ra ch, Esquire ounsel for Defendants „ r!s ; . Ci IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) 11 RULE AND NOW, this .2tt?4`-, day of IlU-4 2007, upon consideration of Defendants' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of J el , 2007• Pro to Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 C? I rIO CD ? SHERIFF'S RETURN - OUT OF COUNTY F CASE NO: 2007-01870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POPPE TY L VS PINCI JEANA M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On May 3rd , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers:_ Docketing 18.00 000 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 2.37 68.62 e7 05/03/2007 PECHT & ASSOCIATES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01870 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND POPPE TY L VS PINCI JEANA M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PINCI JEANA M but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT , PINCI JEANA M 767 HUMER STREET NOT FOUND , as to ENOLA, PA 17025 DEFENDANT'S MOTHER SAID THAT SHE LIVES IN HARRISBURG. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answers- Docketing 6.00 Service 14.40 Not Found 5.00 R. Thomas Rti-ne Surcharge 10.00 Sheriff of Cumberland County 00 s/a?b7 (,.---/3- PECHT & ASSOCIATES 05/03/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POPPE TY L VS PINCI JEANA M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LOPEZ DIEGO but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS, REISSUED On May 3rd , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County .00 54 .25 05/03/2007 PECHT & ASSOCIATES Sworn and subscribe to before me this day of A. D. r In The Court of Common Pleas of Cumberland County, Peniisylvania Ty. L. Poppe `J vs. Jeana M. Pinci et al 07-1870 civil SERVE: Diego Lopez No. Now, April 12 , : 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 320 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. County to execute this Writ, this So answers, Sworn and subscribed before me this day of , 20 Sheriff of COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA off-ire Of t4je ?*4eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin AND NOW:April 16, 2007 WRIT OF SUMMONS LOPEZ DIEGO to DIEGO LOPEZ 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 2428 KENSINGTON STREET HARRISBURG, PA 17104-0000 Sworn and subscribed to before me this 16TH day of APRIL, 2007 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy at 11: 55AM served the within upon by personally handing So Answers, NOTARIAL SEA).. MARY JANE SNYDEK, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff : POPPE TY L • LOPEZ DIEGO Sheriff's Return vs No. 0544-T - - -2007 OTHER COUNTY NO. 07 1870 CIVIL Sheriff of Dauphin ?County, Pa. By Deputy Sheriff Sheriff's Costs:$29.25 PAID BY COUNTY WONG Iii The Court of Common Pleas of Cumberland County, Pennsylvahla- Ty. L. Poppe et al. VS. Jeana M. Pinci et al SERVE: Diego Lopez No . 07-1870 civil Now, April 17 , .:2007 V I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of-Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT Office Of f4le c*heriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania POPPE TY L AND vs County of Dauphin LOPEZ DIEGO Sheriff's Return Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0568-T - - -2007 OTHER COUNTY NO. 07 1870 AND NOW:April 24, 2007 at 9:26AM served the within REISSUED WRIT OF SUMMONS upon LOPEZ DIEGO by personally handing to DIEGO LOPEZ 1 true attested copy(ies) of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at 2428 KENSINGTON STREET HARRISBURG, PA 17104-0000 Sworn and subscribed to before me this 25TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$0.00 PAID BY COUNTY WONG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE and MARIA I. POPPE, 496 Woodcrest Drive File No. 07-1870 Mechanicsburg, PA 17050 Civil Action - Plaintiffs VS. JEANA M. PINCI 767 Humer Street Enola, PA 17025? And DIEGO LOPEZ 2428 Kensington Street Harrisburg, PA 17104 Jointly and Severally, Defendants AMENDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Please reissue summons in and against Jeana M. Pinci and Diego Lopez in the above case. X Writ of Summons shall be issued and forwarded to Sheriff. Si ture of Attorney - Wayne M. Pecht, Esquire r t?? Herbert P. Henderson, II, Esquire W°f Pecht & Associates the =--I Q' i' We' Pa ? 55 West High Street -}L- day Elizabethtown, PA 17022 717) 367-2800 Name/Address/Telephone Number of Attorney Date: 4/3/07 Supreme Court ID Number 38904 AMENDED WRIT OF SUMMONS IN CIVIL ACTION TO: Jeana M. Pinci and Dieszo Lopez YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVF COMMENCED AN ACTION AGAINST YOU. -,A .------_ / ? Civic Division Date: hp&?L IL 2,567 by Deputy J PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire Pennsylvania I.D. No.: 56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE MARIA I. POPPE No. 07-1870 Plaintiffs Civil Action - vs. JEANA M. PINCI and JURY TRIAL DEMANDED DIEGO LOPEZ Jointly and Severally, Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 PECHT & ASSOCIATES, PC By: - _ i? N-?' He ert P. Henderson, II, Esquire Attorney for Plaintiff 55 West High Street Elizabethtown, PA 17022 Telephone: (717) 367-2800 Attorney I.D. #56304 PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire Pennsylvania I.D. No.: 56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE MARIA I. POPPE No. 07-1870 Plaintiffs Civil Action - vs. JEANA M. PINCI and JURY TRIAL DEMANDED DIEGO LOPEZ Jointly and Severally, Defendants COMPLAINT AND REQUEST FOR JURY TRIAL 1. Plaintiff's herein are Ty L. Poppe and Maria I. Poppe, husband and wife, currently residing at 496 Woodcrest Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant Jeana M. Pinci is an adult individual with the last known mailing address of 767 Humer Street, Enola, Pennsylvania 17025. 3. Defendant Diego Lopez is an adult individual with a last known mailing address of 2428 Kensington Street, Harrisburg, Pennsylvania 17104. 4. This cause of action arises from an automobile accident which occurred on April 18, 2005 at or around the intersection of Market Street and Orrs Bridge Road in Hampden Township, Cumberland County, Pennsylvania. STATEMENT OF FACTS 5. On April 18, 2005, Plaintiff Ty L. Poppe was at or near the 1000 block of Market Street, in Hampden Township, Cumberland County, Pennsylvania and traveling in an easterly direction approaching the intersection of Market Street with Orrs Bridge Road when his vehicle was struck violently from behind by Defendant Jeana M. Pinci. 6. At the same time and general location, a motor vehicle operated by Defendant Jeana M. Pinci, and owned by Defendant Diego Lopez, was traveling on the same roadway at the same location. 7. Suddenly and without warning, Defendant Pinci collided violently with Plaintiff Ty L. Poppe's vehicle causing Plaintiff Ty L. Poppe to sustain serious personal injuries. COUNT ONE 8. Paragraphs 1 through 7 are incorporated herein by reference as set forth at length. 9. The above referenced collision was caused by the recklessness, carelessness and/or negligence of Defendant Pinci for that, among other acts and omissions, the Defendant Pinci: a. operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing; b. failed to reduce her speed to avoid a collision; C. failed to observe due care and precaution and maintain proper and adequate control of her motor vehicle; d. failed to operate her motor vehicle in such a manner as to bring the vehicle to stop completely within an assured clear distance ahead; e. failed to keep a proper lookout for other vehicles lawfully upon the roadway; f, failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing. 10. Defendant Lopez, at all times relevant hereto, permitted, allowed, and otherwise granted Defendant Pinci the right to operate his motor vehicle at the time of the aforesaid collision. 11. As a direct and proximate result of the negligence and carelessness of the Defendants, the Plaintiff, Ty Poppe: a. suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; b. was, is, and will be required to undergo medical treatment and to incur medical costs and expenses in order to alleviate injuries, pain and suffering; C. was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; and d. otherwise was hurt, injured and caused to sustain financial losses. 12. All of the Plaintiff's losses were, are and will be due solely to and by reason of the carelessness and negligence of the Defendants Pinci and Lopez, without any negligence or want of due care on the Plaintiff's part contributing thereto. WHEREFORE, Plaintiffs respectfully requests judgment in their favor and against Defendant Diego Lopez and Jeana Pinci in an amount in excess of $35,000.00. COUNT TWO MARIA I. POPPE VS. JEANA M. PINCI AND DIEGO LOPEZ 13. Paragraphs 1 through 12 are incorporated herein by reference as set forth at length. 14. As a result of the carelessness and negligence of Defendant as aforesaid Plaintiff Maria I. Poppe has been deprived of companionship and otherwise suffered a loss of the quality of her relationship with Plaintiff Ty L. Poppe. 15. As a result of the carelessness and negligence of Defendants, Plaintiff Maria I. Poppe has suffered a deprivation in some degree of the companionship, affection, sexual relations, and cooperation of her spouse, Plaintiff Ty L. Poppe, as a result of the injuries suffered. WHEREFORE, Maria I. Poppe respectfully requests judgment in her favor and against Defendant Diego Lopez and Jeana Pinci in an amount in excess of $35,000.00. Respectfully Submitted, By: irbert P. Henderson, II, Esquire 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney ID # 56304 VERIFICATION I have read the foregoing and hereby affirm that it is true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to the unsworn falsification to authorities. I? Ty L. Poppe VERIFICATION I have read the foregoing and hereby affirm that it is true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to the unworn falsification to authorities. Maria I. Poppe ,r. ??; Cp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, NO. 07-1870 V. PRELIMINARY OBJECTIONS JEANA M. PINCI and DIEGO LOPEZ, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendants, Jeana Pinci and Diego Lopez, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and Kevin D. Rauch, Esquire, and files the following Preliminary Objections to Plaintiff's Complaint. 1. STATEMENT OF FACTS 1. This case arises out of an automobile accident that occurred on April 18, 2005. On said date, Defendant Jeana Pinci was operating a motor vehicle owned by Defendant Diego Lopez who was a passenger, when she rear-ended the Plaintiff. 2. The Complaint alleges that the Plaintiff was injured as a result of the negligence and carelessness of the Defendants, Jeana Pinci and Diego Lopez. (See Paragraph 11 of the Complaint). II. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER 3. Preliminary Objections may be filed by any party to any pleading for legal insufficiency of the pleading. Pa.R.C.P. 1028(a)(4). 4. Rule 1019(a) requires all material facts on which a cause of action is based to be stated in a concise and summary form. 5. The Complaint fails to state a cause of action for negligence against Diego Lopez, because it fails to state that Lopez acted unreasonable in any manner. 6. The only factual allegations against Defendant Lopez regarding the accident are that he owned the vehicle driven by Defendant Pinci and permitted Pinci to operate his motor vehicle at the time of the subject accident. (See Paragraphs 6 and 10 of the Complaint). 7. The mere fact that Diego Lopez owned the vehicle in question and permitted Defendant Pinci to operate said vehicle does not establish a claim for negligence against Lopez as it does not allege that Lopez acted unreasonable in any manner. 8. Furthermore, the Complaint does not make a claim for vicarious liability against Lopez based upon the actions of Pinci. 9. As such, the Complaint fails to state a claim against Diego Lopez. WHEREFORE, Defendants, Jeana Pinci and Diego Lopez, respectfully request this Honorable Court dismiss Diego Lopez from this lawsuit with prejudice for failure to state a claim. II. PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 10. Preliminary Objections may be filed by any party to any pleading for insufficient specificity in a pleading. Pa.R.C.P. 1028 (a)(3). 11. Paragraph 11 of the Complaint alleges that the Plaintiff sustained bodily injury as a result of the subject accident with no further specificity as to which regions of his body were injured in the accident. 12. Proper defense of this lawsuit mandates that the Plaintiff specify which parts of his body were allegedly injured in the subject accident. 13. Furthermore, Defendants are unable to evaluate the Plaintiffs claim without further specificity as to the alleged injuries to Plaintiffs body. WHEREFORE, Defendants, Jeana Pinci and Diego Lopez, respectfully request this Honorable Court order the Plaintiff to amend his Complaint specifying the portions of his body alleged to be injured in the subject accident. Respectfully submitted, SUMMERS, McDONNELL, H O?K, GUTHRIE & SKEE".L.P By. - evin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRELIMINARY OBJECTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this Is V1 day of F'i'x , 2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHME 0(SKEj4_, L.L.P,V By: evi auch, Esquire ounsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) ORDER AND NOW, this day of , 2007, Defendant, Diego Lopez is hereby dismissed from the above-captioned law suit. In addition, the Plaintiff is hereby ordered to amend his Complaint to specify the portions of his body alleged to be injured in the subject accident. BY THE COURT: J. c) C^ W 'i'1 C= M r PO ?i cn D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, NO. 07-1870 V. PRAECIPE TO LIST CASE FOR JEANA M. PINCI and ARGUMENT DIEGO LOPEZ, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, Plaintiff, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) PRAECIPE TO LIST CASE FOR ARGUMENT TO: PROTHONOTARY KINDLY SUBMIT THIS MATTER TO THE COURT FOR ARGUMENT ONLY. 1. The matter to be submitted for argument is Defendants' Preliminary Objections. 2. Oral argument is requested. 3. This is not a discovery matter. 4. 1 certify that notice has been given to all counsel of record of the filing of this Praecipe. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. r` By: f Kevin D. Rauch, squire Counsel for Defendants r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO LIST FOR ARGUMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ? day of ?J1 , 2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. v By: 1?2 ft( Lj_ V K vi . Ra c , Esq Ye Counsel for Defendants '° .. ?..?' C3 -n -'"' ??: - ,.,,,,=-, ? c..? r ?, ? '? `c ?% ? > ??-., -x , ? ?r ??? --1 PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire Pennsylvania I.D. No.: 56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE MARIA I. POPPE No. 07-1870 Plaintiffs Civil Action - vs. JEANA M. PINCI and JURY TRIAL DEMANDED DIEGO LOPEZ Jointly and Severally, Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 PECHT & ASSOCIATES, PC By: Herbert P. Henderson, II, Esquire Attorney for Plaintiff 55 West High Street Elizabethtown, PA 17022 Telephone: (717) 367-2800 Attorney I.D. #56304 w PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire Pennsylvania I.D. No.: 56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TY L. POPPE MARIA I. POPPE No. 07-1870 Plaintiffs Civil Action - VS. JEANA M. PINCI and JURY TRIAL DEMANDED DIEGO LOPEZ Jointly and Severally, Defendants AMENDED COMPLAINT AND REQUEST FOR JURY TRIAL 1. Plaintiff's herein are Ty L. Poppe and Maria I. Poppe, husband and wife, currently residing at 496 Woodcrest Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant Jeana M. Pinci is an adult individual with the last known mailing address of 767 Humer Street, Enola, Pennsylvania 17025. 3. Defendant Diego Lopez is an adult individual with a last known mailing address of 2428 Kensington Street, Harrisburg, Pennsylvania 17104. 4. This cause of action arises from an automobile accident which occurred on April 18, 2005 at or around the intersection of Market Street and Orrs Bridge Road in Hampden Township, Cumberland County, Pennsylvania. STATEMENT OF FACTS 5. On April 18, 2005, Plaintiff Ty L. Poppe was at or near the 1000 block of Market Street, in Hampden Township, Cumberland County, Pennsylvania and traveling in an easterly direction approaching the intersection of Market Street with Orrs Bridge Road when his vehicle was struck violently from behind by Defendant Jeana M. Pinci. 6. At the same time and general location, a motor vehicle operated by Defendant Jeana M. Pinci, and owned by Defendant Diego Lopez, was traveling on the same roadway at the same location. 7. Suddenly and without warning, Defendant Pinci collided violently with Plaintiff Ty L. Poppe's vehicle causing Plaintiff Ty L. Poppe to sustain serious personal injuries. COUNT ONE TY L. POPPE AND MARIA I. POPPE VS. DIEGO LOPEZ 8. Paragraphs 1 through 7 are incorporated herein by reference as set forth at length. 9. Plaintiffs believe, and therefore aver, that Defendant Diego Lopez negligently entrusted the vehicle owned by him to the custody, control and/or use of Defendant Jeana M. Pinci and, as a result thereof he is vicariously liable for any and all damages which she caused while operating his motor vehicle. 10. Defendant Lopez, at all times relevant hereto, permitted, allowed, and otherwise granted Defendant Pinci the right to operate his motor vehicle at the time of the collision as set forth above. 11. Plaintiffs believe, and therefore aver, as a direct and proximate result of the negligence and carelessness of Defendant Lopez in allowing Defendant Pinci to operate his motor vehicle, that Plaintiff Ty L. Poppe suffered serious personal injuries, including specifically an injury to his right shoulder which resulted in surgery, and his groin area and his lower back. 12. Plaintiffs believe, and therefore aver, that again, as a direct and proximate result of the negligence and carelessness of Defendant Diego Lopez, that Plaintiff Ty L. Poppe: a. suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; b. was, is, and will be required to undergo medical treatment and to incur medical costs and expenses in order to alleviate injuries, pain and suffering; C. was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; and d. otherwise was hurt, injured and caused to sustain financial losses. 13. All of the Plaintiffs' losses were, are and will be due solely to the negligence of Defendant Lopez in allowing and otherwise entrusting the motor vehicle owned by him to the care, custody and control of Defendant Pinci. WHEREFORE, Plaintiffs respectfully request judgment in their favor and against Defendant Diego Lopez in an amount in excess of $35,000.00. COUNT TWO TY L. POPPE AND MARIA I. POPPE VS. JEANA M. PINCI 14. Paragraphs 1 through 13 are incorporated herein by reference as though set forth at length. 15. The above referenced collision was caused by the recklessness, carelessness, and/or negligence of Defendant Pinci for that, amongst other acts and omissions, Defendant Pinci: a. operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing; b. failed to reduce her speed to avoid a collision; C. failed to observe due care and precaution and maintain proper and adequate control of her motor vehicle; d. failed to operate her motor vehicle in such a manner as to bring the vehicle to stop completely within an assured clear distance ahead; e. failed to keep a proper lookout for other vehicles lawfully upon the roadway; f. failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing. 16. As a direct and proximate result of the negligence and carelessness of Defendant Pinci, the Plaintiff, Ty L. Poppe, Defendant Lopez, at all times relevant hereto, permitted, allowed, and otherwise granted Defendant Pinci the right to operate his motor vehicle at the time of the aforesaid collision. 17. As a direct and proximate result of the negligence and carelessness of the Defendants, the Plaintiff, Ty Poppe: a. suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; b. was, is, and will be required to undergo medical treatment and to incur medical costs and expenses in order to alleviate injuries, pain and suffering; C. was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; and d. otherwise was hurt, injured and caused to sustain financial losses. 18. All of the Plaintiff's losses were, are and will be due solely to and by reason of the carelessness and negligence of the Defendants Pinci and Lopez, without any negligence or want of due care on the Plaintiff's part contributing thereto. WHEREFORE, Plaintiffs respectfully requests judgment in their favor and against Defendant Jeana Pinci in an amount in excess of $35,000.00. COUNT THREE MARIA I. POPPE VS. JEANA M. PINCI AND DIEGO LOPEZ 19. Paragraphs 1 through 18 are incorporated herein by reference as set forth at length. 20. As a result of the carelessness and negligence of Defendant Jeana Pinci as aforesaid Plaintiff Maria I. Poppe has been deprived of companionship and otherwise suffered a loss of the quality of her relationship with Plaintiff Ty L. Poppe. 21. As a result of the carelessness and negligence of Defendant Pinci, Plaintiff Maria I. Poppe has suffered a deprivation in some degree of the companionship, affection, sexual relations, and cooperation of her spouse, Plaintiff Ty L. Poppe, as a result of the injuries suffered. WHEREFORE, Maria I. Poppe respectfully requests judgment in her favor and against Defendant Jeana Pinci in an amount in excess of $35,000.00. COUNT FOUR MARIA I. POPPE VS. DIEGO LOPEZ 22. Paragraphs 1 through 21 are incorporated herein by reference as set forth at length. 23. As a result of the carelessness and negligence of Defendant Jeana Lopez as aforesaid Plaintiff Maria I. Poppe has been deprived of companionship and otherwise suffered a loss of the quality of her relationship with Plaintiff Ty L. Poppe. 24. As a result of the carelessness and negligence of Defendant Lopez, Plaintiff Maria I. Poppe has suffered a deprivation in some degree of the companionship, affection, sexual relations, and cooperation of her spouse, Plaintiff Ty L. Poppe, as a result of the injuries suffered. WHEREFORE, Maria I. Poppe respectfully requests judgment in her favor and against Defendant Jeana Pinci in an amount in excess of $35,000.00. Respectfully Submitted, By: Herbert P. Henderson, II, Esquire 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney ID # 56304 VERIFICATION HERBERT P. HENDERSON, II, ESQUIRE, being duly affirmed according to law deposes that he is the attorney for the Plaintiffs, Ty L. Poppe and Maria I. Poppe, in the within matter; that said Plaintiff cannot make the Verification to this Amended Complaint because a Verification cannot be obtained at present, that he has made diligent inquiry of the Plaintiffs and upon the information received believes the facts set forth to be true. Herbert P. Henderson, 11 ?c IF) t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, NO. 07-1870 V. PRAECIPE TO WITHDRAW JEANA M. PINCI and DEFENDANTS' PRELIMINARY DIEGO LOPEZ, OBJECTIONS AND PRAECIPE TO LIST Defendants. CASE FOR ARGUMENT (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, CIVIL DIVISION Plaintiff, V. NO. 07-1870 JEANA M. PINCI and (Jury Trial Demanded) DIEGO LOPEZ, Defendants. PRRAAE,CIPE TO WITHDRAW DEFENDANT'S PRELIMINARY OBJECTIONS AND PRAECIPE TO LIST CASE FOR ARGUMENT TO: THE PROTHONOTARY Kindly withdraw Defendants' Preliminary Objections and Praecipe to List Case for Argument in the above-captioned case. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. V By: b2la ofc-41 Kevin D. auc squire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S PRELIMINARY OBJECTIONS AND PRAECIPE TO LIST CASE FOR ARGUMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, thisday of '2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendants r-a ° D C? c ; ?a --? C"i ? ? i? r t Y , ? 7 s' ?4i-=t? _r . ?..L. - -s'+ -, ; r??C) - , W - ?? -- t.. . x' ? , . , . ? ....- ..G .? ?? IN THE COURT OF COM TY L. POPPE and MARIA Plaintiffs, NO. 07-1870 V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. TO: Plaintiffs PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . POPPE, CIVIL DIVISION You are hereby notified to file a written Response to the enclosed An wer and New Matter within twenty (20 days From service hereof or a judg ent May be entered against you. I \ y---\ L.,- Summers, McDonnell, I Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER TO THE AMENDED COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15457 IN THE COURT OF CON TY L. POPPE and MARIP Plaintiffs, V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA POPPE, CIVIL DIVISION NO. 07-1870 (Jury Trial Demanded) Defendants, Jeana M. Pinci and Diego Lopez, by and ers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and files the following Answer and New Matter and in support 1. After reaso able investigation, the Defendants have insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict roof thereof is demanded at the time of trial. 2. It is admitted hat Defendant Pinci resided at said address at the time of the accident. By way of furt er answer, Defendant Pinci now resides at 8301 Presidents Drive, Hummelstown, PA 1 036. AND NOW, comes through their counsel, St Kevin D. Rauch, Esquire, thereof avers as follows: 3. Admitted. 4. Admitted. STATEMENT OF FACTS 5. Admitted in art, denied in part. It is admitted that a collision occurred between the parties on sai date at said location. The remaining allegations are denied generally pursuant to Pa.R C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Admitted in art, denied in part. It is admitted that a collision occurred between the parties. The remaining allegations state legal conclusions to which no response is required. Tote extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. COUNT ONE 8. In response t Paragraph 8, Defendant Lopez reiterates and repeats all of his responses in Paragraph 1 through 7 as if more fully set forth at length herein. 9. Paragraph 9 tats a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 10. Admitted. 11. Paragraph 11 To the extent, however, V states a legal conclusion to which no response is required. at a response is deemed necessary, said averments are denied generally pursua t to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of tr al. 12. Paragraph 1 and all of its subparts state legal conclusions to which no response is required. To he extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 1 states a legal conclusion to which no response is required. To the extent, however, t at a response is deemed necessary, said averments are denied generally pursuan to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of tri I. COUNT TWO 14. In response t Paragraph 14, Defendant Pinci reiterates and repeats all of her responses as if more f Ily set forth at length herein. 15. Admitted in art, denied in part. It is admitted that Defendant Pinci was negligent in the operation f the motor vehicle she was driving on the date, time, and place in question. The r maining allegations state legal conclusions to which no response is required. To t e extent, however, that a response is deemed necessary, said averments are denied enerally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the ime of trial. 16. Admitted in art, denied in part. It is admitted that Defendant Lopez permitted Defendant Pinci t use his motor vehicle at the time of the aforesaid collision. The remaining allegations tate legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa. .C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 and all of it subparts state a legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 1 states a legal conclusion to which no response is required. To the extent, however, t at a response is deemed necessary, said averments are denied generally pursua t to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial 19. In response to Paragraph 19, Defendants' reiterate and repeat Paragraphs 1 through 18 a if more fully set forth at length herein. 20. Paragraph 2 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuan to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, t at a response is deemed necessary, said averments are denied generally pursuan to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. j COUNT IV 22. In response to Paragraph 22, Defendant Lopez reiterates and repeats Paragraphs 1 through 22 a if more fully set forth at length herein. 23. Paragraph 2 states a legal conclusion to which no response is required. To the extent, however, t at a response is deemed necessary, said averments are denied generally pursua t to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trilal. 24. Paragraph 24 states a legal conclusion to which no response is required. To the extent, however, t at a response is deemed necessary, said averments are denied generally pursua t to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of tribl NEW MATTER 25. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial R sponsibility Law, and the Defendants assert as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 26. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 27. To the extend that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option, then the Defendants set forth the relevant provisions of the F ennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability t§ recover non-economic damages. 28. The Defend:rnplete s pleads any and all applicable statutes of limitation under Pennsylvania Law as a or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, request this Honorable costs and prejudice iml ;ndants, Jeana M. Pinci and Diego Lopez, respectfully rt enter judgment in their favor and against the Plaintiffs with Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: KS, 0- K a ,, V Kev D. such, Esquire Counsel for Defendants VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the I foregoing ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which she has; furnished to her counsel and information which has been I gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER TO AMENDED I COMPLAINT and to the extent that the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEWjMATTER TO AMENDED COMPLAINT is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: ZQ Deana M. Pinci #15457 VERIFIED STATEMENT I, Kevin D. Rauch, Esquire, being the attorney for the Defendant, Diego Lopez, in the within action, am duly authorized to make this Verified Statement on the Defendant's behalf. I hereby verify that the statements set forth in the foregoing ANSWER AND NEW MATTER TO THE AMENDED COMPLAINT are true and correct to the best of my information and belief based upon knowledge obtained from the Defendant. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsifications to authorities. C, - K1,11- (ZV, - Kevi D. Rauch, Esquire Counsel for Defendant Dated: e Qoo CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER TO ;AMENDED COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 62 , 2007. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 0, L Kevin D. auch, Esquire Counsel for Defendants -V cn "R7 , co r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, NO. 07-1870 V. PRAECIPE FOR SUBSTITUTION JEANA M. PINCI and DIEGO LOPEZ, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, V. NO. 07-1870 JEANA M. PINCI and (Jury Trial Demanded) DIEGO LOPEZ, Defendants. PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Diego Lopez to the Defendants' Answer and New Matter to the Amended Complaint, which was filed on September 18, 2007. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: CLW Kevin D. Rauch, Esquire Counsel for Defendants VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER TO AMENDED COMPLAINT and to the extent that the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 9- l g_ 01 #15457 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR SUBSTITUTION has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 2"d day of October, 2009. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: /?? C Kevin D. Rauch, Esqui e Counsel for Defendants F LEG-?f' R(,E OF THE P,P0Tl ,YN''0TARY 1009 OCT -S PM 3: 11 CUM 1 /u fUti+Y r? '° ~-t's '" 1~ L~~ ~+~+~ 6 f\-is Y L.c n, ~ `l {' t f'` q 4's! ` `,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, NO. 07-1870 v. MOTION FOR LEAVE TO FILE JEANA M. PiNCI and AMENDED NEW MATTER DIEGO LOPEZ, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION v. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) MOTION FOR LEAVE TO FILE AMENDED NEW MATTER AND NOW, comes the Defendants, Jeana M. Pinci and Diego Lopez, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Leave to file Amended New Matter and in support thereof avers as follows: 1. This case arises out of an automobile accident which occurred on April 18, 2005 on Market Street, Hampden Township, Dauphin County, Pennsylvania. 2. As a result of the accident, the Plaintiff filed a Complaint, sounding in negligence. 3. Defendant filed an Answer and New Matter to the Plaintiffs' Complaint, and the Plaintiffs have filed an Answer to the Defendant's New Matter. 4. At this time, the pleadings in the above matter are closed. 5. During the course of this litigation, it is believed, and therefore averred, that the Plaintiff has a possible claim against his insurer for Underinsured Motorist Benefits (hereinafter "UIM benefits"} 6. Should the Plaintiff receive a settlement or verdict against his UIM carrier, the Defendants, Jeana M. Pinci and Diego Lopez, are entitled to a "set-off' and/or credit against any settlement in this matter. Pusl v. Means, 991 A.2d 313 (Pa. 2010). 7. Under Pennsylvania Rule 1033, this Defendant respectfully requests leave to file an Amended New Matter to reflect the UIM settlement, and to provide a "set-off' defense. Id. at 6 (See proposed Amendment attached hereto as Exhibit "A"). 8. A party may, at any time, with the consent of opposing counsel or by leave of court, amend his or her pleading and a trial court has broad discretion in ruling on a party's Motion to Amend the pleading. Somerset Community Hosp. v. Allen B. Mitchell and Assocs., 685 A.2d 141, 147 (Pa. Super. 1996)(citing Pa.R.C.P. 1033). 9. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to anew cause of action of defense. Pa.R.C.P 1033 (emphasis added). 10. An amendment may be made to conform the pleading to the evidence offered or admitted. Id. 11. Pursuant to Pusl, the Defendant has a viable defense of "set-off' as the result of transactions or occurrences which took place after the filing of the original pleading. 12. It is clear, therefore, that this is a viable defense and that the Plaintiff can not be said to be prejudiced or surprised by the proposed amendment. 13. No additional discovery is necessary to hear this Motion. 14. Oral Argument is not requested. 15. This Motion shall be deemed contested. It is believed, and therefore averred, that no judge has ruled upon any other issue in this matter. WHEREFORE, Defendant, Jeanna Pinci and Diego Lopez, respectfully requests this Honorable Court enter an Order granting the Motion for Leave to File Amended New Matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRfE & SKEEL, P.C. t r i By: vi .Rauch, Esquire Counsel for Defendants ~~gtS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, NO. 07-1870 v. AMENDED NEW MATTER JEANA M. PINCI and DIEGO LOPEZ, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION v. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) AMENDED NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 18. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 19. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. 20. Should the Plaintiff receive UIM benefits under his policy, Defendant is entitled to a credit in any verdict or award rendered against the Defendants should be reduced by the amount of UIM benefits received by the Plaintiff. WHEREFORE, Defendants, Jeana M. Pinci and Diego Lopez, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. By: Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of September, 2010. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR LEAVE TO FILE AMENDED NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7th day of October, 2010. Wayne M. Pecht, Esquire Herbert P. Henderson, II, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: ~t-~. Rauch, Esquire nsel for Defendants ocr ~ i zoo S~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I: POPPE, CIVIL DIVISION Plaintiffs, n ,.,,, c' c _d '*~ v. NO. 07-1870 z~ o ~? ~r JEANA M. PINCI and (Jury Trial Demanded) ~v '~ ~? DIEGO LOPEZ, -co ~ "'Q D ~ A .+-.T..: Defendants. ~~, ~ A~ RULE TO SHOW CAUSE `' ~" '*~ --~ o AND NOW, this ~ day of [~~~~ , 2010, upon consideration o€ the foregoing motion, it is hereby Ordered that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested. 2. Respondent shall file an answer to the petition within twenty (20) days of this date. 3. The petition shall be decided under Pa.R.C.P. 206.7. 4. An evidentiary hearing and disputed issues and material facts shall be held on the day of 2010, in Courtroom .rJ' of the Cumberland County Courthouse ~ 3:D0 ~ M• 5. Notice of this entry of this Order shall be provided to all parties by the Petitioner. ~ ES ir~.~..t l~d~. P ~~~~~ R~~ ~ . ~ ,~ ~~~~ /~~ BY THE COURT: G~~~-c~P Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Wayne M. Pecht, Esquire Herbert P. Henderson, 11, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) ORDER It is hereby ORDERED, ADJUDGED, and DECREED on this day of 2010, that Defendants' Motion for Leave to Amend New Matter is hereby granted. Defendant may file the Amended New Matter within days of the date of this Order. BY THE COURT: Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 erbert P. Henderson, Il, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 eo , LIS(- C ca D. --? r-- i no ZC C) Z! -H -c cn C m OF THELF QTHO d0 TAPP 2010 DEC - 7 AM 11 : 10 CUMBERLAND COU14TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, NO. 07-1870 V. AMENDED NEW MATTER JEANA M. PINCI and DIEGO LOPEZ, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) AMENDED NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 18. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 19. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. 20. Should the Plaintiff receive UIM benefits under his policy, Defendant is entitled to a credit and any verdict or award rendered against the Defendant should be reduced by the amount of UIM benefits received by the Plaintiff. WHEREFORE, Defendants, Jeana M. Pinci and Diego Lopez, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & AKEEL, P.C. By: 1,U?_/\-? Kelvin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6th day of December, 2010. Wayne M. Pecht, Esquire Pecht & Associates 55 West High Street Elizabethtown, PA 17022 SUMMERS, McDONNELL, HUDOCK, GUTHf21E)& SKEEL, P.C. By: I ? / v Kevin D. Rauch, Esquire Counsel for Defendants PECHT & ASSOCIATES, PC Wayne M. Pecht, Esquire PAID No. 38904 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 OF THFILED-OFFICE ARY 201 I JAN 24 AM 11:4 4 CUMBERLAND C'OUNTY' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE, ) CIVIL DIVISION Plaintiff, ) V. ) No.: 07-1870 JEANA M.PINCI and ) DIEGO LOPEZ, ) Defendants ) PRAECIPE FOR APPEARANCE To: David Buell, Prothonotary Please enter the appearance of Pecht & Associates, PC, by Wayne M. Pecht, Esquire as counsel on behalf of Plaintiff. PECHT & ASSOCIATES, PC January P, 2011 By: 14." A Wayne M. Pecht, Esquire PA ID No.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Telephone (717) 691-9808 Facsimile (717) 691-2070 CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, do hereby certify that on this the 4;7`/' day of January 2011, I served a true and correct copy of Praecipe for Appearance via US First Class Mail, postage prepaid, as follows: John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 January ^71, 2011 Wayne If4. Pecht, Esquire PA ID No.: 38904 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 FILE-0-OFFICE OF THE PROTHONOTARY 2011 MAY 26 AM 10: 11 CUMBERNLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, v. JEANA M. PINCI and DIEGO LOPEZ, Defendants. CIVIL DIVISION NO. 07-1870 ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE PURSUANT TO DAUPHIN COUNTY LOCAL RULE 215.3 (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) DEFENDANT'S ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE PURSUANT TO DAUPHIN COUNTY LOCAL RULE 215.3 AND NOW, comes the Defendants, Jeana Pinci and Diego Lopez, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Administrative Application for Status Conference Pursuant to Dauphin County Local Rule 215.3 and in support thereof avers as follows: 1. This case arises out of an automobile accident which occurred on April 18, 2005 at approximately 2:40 p.m. on Market Street, Hampton Township, Dauphin County, Pennsylvania. 2. As a result of the accident, the Plaintiff filed a Complaint, sounding in negligence, as against the Defendant. At this time, it is believed, and therefore, averred that the pleadings in the above matter are closed. 3. At this time, all discovery deposition have taken place. The parties have engaged in settlement negotiations. On or about January 20, 2011, the Defendant forwarded an offer of settlement in the amount of $32,500 pursuant to Pa.R.C.P. 238. It is Defendants' understanding that Plaintiff's counsel would only agree to settle this matter for the policy limits with this Defendant, which is $100,000. 4. In an effort to move this matter forward, due to the fact that settlement negotiations have stalled, this Defendant requests a Status Conference discussing deadlines for additional discovery to schedule dates also to discuss any Mediation and/or Arbitration as recommended by this Court. 5. No Judge has had any significant involvement in this matter other than an Order on Defendant's Motion for Leave to file an Amended New Matter. 6. Oral Argument is not requested and asks that this matter be scheduled for a Status Conference pursuant to Dauphin County Local Rule 215.3. WHEREFORE, Defendant respectfully requests that this Honorable Court grant the within Application and issue an Order regarding scheduling a Status Conference in the above-referenced matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE SUMMERS, P.C. By: K1evin D. Rauch, Esquire Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. AND NOW, TO WIT, this NO. 07-1870 (Jury Trial Demanded) ORDER day of 2011, it is hereby ORDERED, ADJUDGED, and DECREED that a Status Conference in the above- referenced matter is scheduled for 2011, in the Chambers of , located at BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Wayne M. Pecht, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE PURSUANT TO DAUPHIN COUNTY LOCAL RULE 215.3 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 25th day of May, 2011. Wayne M. Pecht, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUT IE 8f SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants TY L. POPPE AND IN THE COURT OF COMMON PLEAS OF MARIA I. POPPE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. JEANA M. PINCI AND DIEGO LOPEZ, DEFENDANTS 07-1870 CIVIL TERM ORDER OF COURT AND NOW, this Aday of July, 2011, following a status conference with Plaintiff's counsel Wayne M. Pecht, Esquire and Defendants' counsel John Lucy, Esquire, at which the parties agreed that this matter could not be tried before the December, 2011 term and that additional efforts to settle the case would be appropriate, we issue the following order: 1. The parties are directed to discuss earnestly a resolution of this matter through means of alternative dispute resolution. Further, within 90 days of this order, they shall contact the Cumberland County Bar Association Mediation Committee or a similar service to determine if such assistance will further their efforts. 2. If this matter is not resolved through the aforesaid efforts, either party may list this case for trial at any term in 2012. By the Court, c C te rni= z? r - -0M Albert H. Masl d J. °o , C Ca - O ? = ' n DC? ? C1 ?tq't --t co A Wayne M. Pecht, Esquire For Plaintiff Kevin D. Rauch, Esquire John Lucy, Esquire For Defendants saa epf e'5 Ina • (a' ee- Jr THE PRO-TOMCE HONOTAHY 2012 FEB -7 AM 1i: 31 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, CIVIL DIVISION Plaintiffs, NO. 07-1870 V. MOTION FOR STATUS CONFERENCE JEANA M. PINCI and DIEGO LOPEZ, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15457 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, CIVIL DIVISION V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. NO. 07-1870 (Jury Trial Demanded) MOTION FOR STATUS CONFERENCE AND NOW, comes the Defendants, Jeana M. Pinci and Diego Lopez, by and through their attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Status Conference and in support thereof avers the following: 1. BACKGROUND FACTS 1. This lawsuit stems from an automobile accident that occurred on April 18, 2005 on Market Street, Hampden Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiff filed a Complaint, sounding in negligence against the Defendants, Jeana Pinci and Diego Lopez. 3. At this time, all parties would like to move this matter toward Trial. It is hereby believed, and therefore averred, that there is some limited outstanding discovery. ' 4. Defendant respectfully requests that the foregoing Administrative Application for Status Conference be granted so all parties may agree scheduled dates and deadlines for any additional discovery. 5. It should be noted that the Honorable Albert H. Masland has had prior involvement in this case. 6. Oral Argument is not requested, and is asked that this matter be scheduled for a Status Conference. WHEREFORE, the Defendants, Jeana M. Pinci and Diego Lopez, respectfully requests that this Honorable Court enter an Order granting this Application and schedule a Status Conference. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C.,., e uch, Esquire Counsel for Defendants 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR STATUS CONFERENCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6th day of February, 2012. Wayne M. Pecht, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Rauh, Esquire for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs, V. JEANA M. PINCI and DIEGO LOPEZ, Defendants. CIVIL DIVISION NO. 07-1870 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of 012, upon consideration of the Defendant's Motion for Status Conference, it is hereby ORDERED, ADJUDGED, Out ly. CIS A.M, and DECREED that a Status Conference shall be held on Ai? b12? in the Chambers of the undersigned. BY THE COURT: M C13 M, r Distribution to: r- _ /Kevin D. Rauch, Esquire - Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 n Mechanicsburg, PA 17050 Wayne M. Pecht, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 1 (plo; c.s r'? lnor' ?9?l a , TY L. POPPE AND MARIA I. POPPE, PLAINTIFFS V. JEANA M. PINCI AND DIEGO LOPEZ, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 07-1870 CIVIL TERM ORDER OF COURT AND NOW, this , 2 ? day of February, 2012, following a status conference with counsel, the court directs that the parties appear on Wednesday, April 11, 2012, at 10:00 a.m., in Courtroom Number 1, for a settlement/mediation conference. The parties shall supply the court with a brief confidential mediation statement no later than April 4, 2012. The information in that statement will be for the court's use only and will not be disclosed to other parties without permission. This statement should include the following: 1. A summary of the facts that led to the dispute. 2. The issues or obstacles that must be resolved in order to settle this case. 3. The settlement discussions to date, including demands and offers. 4. The names of each person who will attend the mediation. ? Wayne M. Pecht, Esquire For Plaintiffs ? Kevin D. Rauch, Esquire For Defendants saa c`?,:t'S rY1t?.`1rc( Z??34s1/ 1 By the Court, --Z2?fzn er,) Albert H. Masland, J. c' -p r-nm :Z: co -V Cn ?' N) CD -1'T"' CD G7 --? <G _ MW C3 >r" co PECHT & ASSOCIATES, PC Wayne M. Pecht, Esquire PAID No. 38904 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 ,1 -G l? l COUWFi" PENNSYDIANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TY L. POPPE and MARIA I. POPPE, Plaintiffs CIVIL DIVISION V. JEANA M.PINCI and DIEGO LOPEZ, Defendants No.: 07-1870 PRAECIPE TO SETTLE AND DISCONTINUE TO: David Buell, Prothonotary Please mark the above-referenced case settled and discontinued, with prejudice. May 3, 2012 PECHT & ASSOCIATES, PC By: Wayne M. Pecht, Esquire PA ID No.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Telephone (717) 691-9808 Facsimile (717) 691-2070 Attorneys for Plaintiffs