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HomeMy WebLinkAbout07-3980PATRICIA HOLLINGER, Plaintiff VS. SAMIR SHAH & HINA SHAH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - 0,1-.3980 Civil Tern, : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Date: June 29, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 WRIT OF SUMMONS To The Above Named Defendants: Samir Shah & Hina Shah 3519 Country Side Lane Camp Hill, PA 17011 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. I A, o'Ptrothonotary Date: A June o?oo7 By: C7 rlo jD Cl C=3 cm C) ' V oo LJ t7 ?f' (r,_ C iE? OD O d -? a :y CK) 0 3 c_o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. PRAECIPE FOR APPEARANCE SAMIR SHAH & HINA SHAH, (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 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 SAMIR SHAH & (Jury Trial Demanded) HINA SHAH, 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, Samir Shah and Hina Shah, in the above case. JURY TRIAL DEMANDED 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 APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 24TH day of July, 2007. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: I/ r Ke in u h, Esquire C unsel for Defendants ? r.? r- ? -? ?.:7 <?" ?_-- i"11 f _ _.?..? -- ,? -. ' ?.?. ? ? _ ? f .i r - _ _' rti t Q7 --C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. PRAECIPE FOR RULE SAMIR SHAH & TO FILE COMPLAINT HINA SHAH, 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 #15627 JW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, V. SAMIR SHAH & NINA SHAH, Defendants. CIVIL DIVISION NO. 07-3980 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Patricia Hollinger, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &AKEEL. L.L.PI By: Kevin D. Rduch, Esquire Counsel 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 24TH day of July, 2007. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P_ By: ' T- TAI--- - evin D. Rauch, Esquire Counsel for Defendants I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 SAMIR SHAH & (Jury Trial Demanded) HINA SHAH, Defendants. RULE AND NOW, this day of Jlt.?u 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 AS* day of Ol? , 2007. Al Q Prothonot Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne PA 17043 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 r? 7 c ? ? t `?? _--1 C~` ' ?_ T ? . s? ---t C .?;,?,. ,• ?-, ? _ ?? -;-r __ t?4 .+? S ?r ?? r • 3 ` SHERIFF'S RETURN - REGULAR w CASE NO: 2007-03980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLLINGER PATRICIA VS SHAH SAMIR ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS SHAH SAMIR was served upon the DEFENDANT , at 1345:00 HOURS, on the 18th day of July 2007 at 3519 COUNTRY SIDE LANE CAMP HILL, PA 17011 HINA SHAH, WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 24.96 Postage .58 Surcharge 10.00 .00 53.54- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/19/2007 ROMINGER & W By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR 'VV . CASE NO: 2007-03980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLLINGER PATRICIA VS SHAH SAMIR ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHAH HINA the DEFENDANT , at 1345:00 HOURS, on the 18th day of July 2007 at 3519 COUNTRY SIDE LANE CAMP HILL, PA 17011 HINA SHAH by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 j .00 p1/??69 16. 00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/19/2007 ROMINGER & WHARE By: /eputy Sheriff A.D. PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM : DOCKET NO.: 07-3980 SAMIR SHAH and HINA SHAH, JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 (PA Only) or (717) 238-6715 PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM : DOCKET NO.: 07-3980 SAM] R SHAH and HINA SHAH, JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, Patricia Hollinger, by her attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Patricia Hollinger is an adult sui juris residing at 10 Railroad Avenue, Apt. 4A, Camp Hill, Pennsylvania 17011. 2. Defendant Samir Shah is an adult sui juris residing at 3519 Country Side Lane, Camp Hill, Pennsylvania 17011 3. Defendant Hina Shah is an adult sui juris residing at 3519 Country Side Lane, Camp Hill, Pennsylvania 17011. 4. On or about July 7, 2007, Plaintiff was operating her vehicle South on Route 11/15 in Camp Hill, Pennsylvania. 5. On or about the same time Defendant Hina Shah was driving South on Route 11/15 in Camp Hill, Pennsylvania. 6. Plaintiff came to a complete stop on Route 11/15 South, at the Market Street intersection, as a red light. 7. Defendant Hina Shah was following behind Plaintiff on Route 11/15 South, at the Market Street exit and failed to brake causing her vehicle to rear-end Plaintiff. 8. Defendant had a duty to the Plaintiff and breached that duty. 9. Plaintiff suffers from chronic neck and back pain as a result of Defendant's actions, as well as a shock to the nervous system, physical pain, and lost wages, and economic gains, as well as multiple acute injuries which occurred at the time of the accident. Count I Negligence Patricia Hollineer v. Hina Shah 10. Paragraphs 1 through 9, above, are incorporated herein by reference as if fully set forth at length. 11. Defendant Hina Shah was negligent in that: a. She failed to keep an assured clear distance; b. She failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. She drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. She failed to brake; e. She failed to stop. f. She failed to observe and obey traffic control signals. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit. Count U Negligence Patricia Hollineer v. Samir Shah 12. Previous paragraphs are incorporated by reference. 13. Upon Information and belief, Defendant Samir Shah knew or should have known that Defendant Hina Shah was not a safe or prudent driver. 14. Defendant was negligent in entrusting a vehicle to Hina Shah on the day and time in question. 15. As a result of this negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraphs 9 through 11 of Count I and the same are hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully Submitted, Rominger & Associates Date: August 13, 2007 Za-rl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff 08-10-'07 14:50 FROM-ROMINGER & ASSOC 7172416878 T-558 P007/007 F-420 PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM DOCKET NO.: 07-3980 SAMIR SHAH and HINA SHAH, JURY TRIAL DEMANDED Defendants VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: Pat icia Hollinger, Plaintiff PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM DOCKET NO.: 07-3980 SANIIR SHAH and HINA SHAH, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kevin D. Rauch, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P 1017 Mumma Road, Suite 300 Lemoyne, Pennsylvania 17043 Date: August 13, 2007 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff T? ?.,; .T, t-- ?:; -r. rr _;}iv1 r .> ?-5 c? `_ .? 't ' r„? -", .rt --; ?: +° x3 ,, tom? :.G .?_ ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. STIPULATION FOR REMOVAL OF SAMIR SHAH & THE DEFENDANT, SAMIR SHAH HINA SHAH, 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 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, V. SAMIR SHAH & HINA SHAH, Defendants. CIVIL DIVISION NO. 07-3980 (Jury Trial Demanded) STIPULATION FOR REMOVAL OF THE DEFENDANT, SAMIR SHAH AND NOW, come the Defendants, Samir Shah and Hina Shah, by and through and their attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Stipulation: The undersigned parties hereby stipulate and agree that Samir Shah is dismissed from the above-captioned case with prejudice. ROMINGER & ASSOCIATES By. Karl E. Rominger, Esquire Counsel for Plaintiff SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P By: /v , ? -_ o Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing STIPULATION FOR REMOVAL OF THE DEFENDANT, SAMIR SHAH has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of s?99?-- a0O ?' Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?) Ee,-j _..? , _?_ Kevin D. Rauch, Esquire Counsel for Defendants C"f ? -r? T, I co t"t } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, CIVIL DIVISION NO. 07-3980 V. HINA SHAH, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 HINA SHAH, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Hina Shah, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Samir Shah is no longer a defendant in this matter. 3. Admitted. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Denied. To the contrary, Defendant Hina Shah was driving South on Route 11/15 in Camp Hill, Pennsylvania, on or about July 7, 2005. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Paragraph 8 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 pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 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 pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE PATRICIA HOLLINGER v. HINA SHAH 10. In response to paragraph 10, these Defendants reiterate and repeat all their responses in paragraphs 1 through 9 as if fully set forth at length herein. 11. Paragraph 11 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 pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Hina Shah, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT II - NEGLIGENCE PATRICIA HOLLINGER v. SAMIR SHAH 12-15. Paragraphs 12 through 15 of the Plaintiffs Complaint are directed to a Defendant that has been dismissed from this matter and, therefore, no responses are required. WHEREFORE, Defendant, Hina Shah, respectfully request this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and the 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 Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then the 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. The Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Hina Shah, respectfully request this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER 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 NEW MATTER 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 unsworn falsification to authorities. Date; Cf? J 2gl or) lcy"? AA Hina Sha #15627 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 8th day of January, 2008. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant -Ty -TI ,J PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Patricia Hollinger, (other) (Plaintiff) vs. The trial list will be called on 0 6 / 0 2 / 0 9 and SAmir Shah and Hina Shah, Trials commence on 06/29109 (Defendant) Pretrials will be held on 06/10/09 VS. (Briefs are due S days before pretrials No. 3980 A 7_ Tenn Indicate the attorney who will try case for the party who files this praecipe: Kevin D. Rauch, Esquire Indicate trial counsel for other parties if known: Karl E. Rominger, Esquire This case is ready for trial. Signed: (check one) Mx Civil Action -Law ? Appeal from arbitration N Print Name: Kevin D. Rauch Date: ?-G ?? Attorney for: Defendant 4 4 Sts 09 "" ?p r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. MOTION TO COMPEL ANSWERS TO HINA SHAH, SUPPLEMENTAL INTERROGATORIES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, CIVIL DIVISION V. HINA SHAH, Defendant. NO. 07-3980 (Jury Trial Demanded) MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Hina Shah, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Supplemental Interrogatories and in support thereof avers the following: 1. On February 27, 2009, the Defendant served the Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated February 27, 2009, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiffs Responses to Supplemental Interrogatories should have been received by March 30, 2009. 3. On April 6, 2009, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting that Plaintiff respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated April 6, 2009, is attached hereto as Exhibit "B".) 4. To date, Defendant has not received any response from Plaintiff or Plaintiffs counsel regarding Defendant's Supplemental Interrogatories or the correspondence enumerated above. 5. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete Answers to Supplemental Interrogatories. 6. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers to Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 7. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs Answers to Supplemental Interrogatories have not been received by Defendant's counsel. WHEREFORE, Defendant, Hina Shah, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers to Supplemental Interrogatories. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: LA?? L Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, CIVIL DIVISION V. HINA SHAH, Defendants. NO. 07-3980 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of 2009, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Patricia Hollinger, provide Defendant, Hina Shah, with full and Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order. BY THE COURT: J. Distribution List: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 February 27, 2009 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 RE: Hollinger v. Shah Our File No. 15627 Dear Mr. Rominger: Enclosed please find Supplemental Interrogatories directed to your client. Kindly respond to the same within the timeframe established by the Pennsylvania Rules of Civil Procedure. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Seth T. Black STB:kan Enclosure April 6, 2009 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 RE: Hollinger v. Shah Our File No. 15627 Dear Mr. Rominger: Please be advised that in review of my file I have noticed that I am not yet in receipt of your client's Answers to Supplemental Interrogatories. Kindly contact me upon receipt of this correspondence in order to update me as to the status of the same. I look forward to hearing from you. Thank you. Very truly yours, Seth T. Black STB:kan I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15TH day of April, 2009. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L'L - k %9., Kevin D. Rauch, Esquire Counsel for Defendant FlLED-+:,-'--!CE OF THE PP 'TH"' 'OTAPY 2399 APR 16 A 11: 5 9 CU I SYLVr?+N!. E"CIu ??`r ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. AMENDMENT TO DEFENDANT'S HINA SHAH, MOTION TO COMPEL ANSWERS TO Defendant. SUPPLEMENTAL NTERROGATORIES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, CIVIL DIVISION V. HINA SHAH, Defendant. NO. 07-3980 (Jury Trial Demanded) AMENDMENT TO DEFENDANTS MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Hina Shah, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Amendment to Defendant's Motion to Compel Supplemental Interrogatories and in support thereof avers as follows: 10. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 11. Opposing counsel does not concur in this motion. WHEREFORE, Defendant, Hina Shah, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to produce full and complete discovery responses to Defendant's discovery requests. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDMENT TO DEFENDANT'S MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL NTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21 st day of April, 2009. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant Ff?.FG-9 ;??rlC? OF TN'' RRO" , NCN, 2D09 APR 22 PH 1: 19 CU v : :! iv'iY PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3980 CIVIL HINA SHAH, Defendant IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this Zf, day of April, a brief argument on the defendant's motion to compel answers to supplemental interrogatories is set for Friday, June 5, 2009, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ---/ ("t Kev' A. Hess, J. Xarl Rominger, Esquire For the Plaintiff /vin D. Rauch, Esquire For the Defendant .? :rlm IF [[?? q L aan?yy :L' xI `t,+? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. PRAECIPE TO WITHDRAW MOTION TO NINA SHAH, COMPEL ANSWERS TO Defendant. SUPPLEMENTAL INTERROGATORIES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 HINA SHAH, (Jury Trial Demanded) Defendant. PRAECIPE TO WITHDRAW MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES TO: THE PROTHONOTARY Kindly withdraw the Motion to Compel Answers to Supplemental Interrogatories currently scheduled for a hearing on June 5, 2009 in the above-referenced matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ` PCI& Kevin D. au , Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15th day of May, 2009. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L. .P. By: Kevin D. Rauch, Esquire Counsel for Defendant RLED4) E C 2069 A Y 18 A '11111 : 4 2 r4,t : tsLr? 'e i IN THE COORT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA OLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. PRAECIPE TO WITHDRAW HINA SHAH, CASE FROM TRIAL LIST Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA %LINGER, Plaintiff, V. HINA SHAM, Defendant. TO THE P List. CIVIL DIVISION NO. 07-3980 (Jury Trial Demanded) PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST ONOTARY: remove the above-captioned matter from the June 29, 2009, Civil Trial Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: /?? f-) Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEII EBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAI V CASE FROM TRIAL LIST has been mailed by U.S. Mail to counsel of record via class mail, postage pre-paid, this 20th day of May, 2009. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. C By. t?--?- Kevin D. Rauch, Esquire Counsel for Defendant CA FILE' i-3 0r- THE 20D9 MAY 21 Ali 11: 2 a GLIu Ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. JOINT STIPULATION HINA SHAH, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, V. HINA SHAH, Defendant. CIVIL DIVISION NO. 07-3980 (Jury Trial Demanded) JOINT STIPULATION AND NOW, comes the Plaintiff, Patricia Hollinger, by and through her counsel, Karl Rominger, Esquire, and the Defendant, Hina Shah, by and through her counsel, Kevin D. Rauch, Esquire, and do hereby stipulate and agree, as follows: 1. The trial in the above-captioned matter was scheduled to proceed on June 29, 2009. 2. The trial has been stricken as the parties have agreed to compulsory arbitration of this matter. Respectfully submitted, ROMINGER & ASSOCIATES By: SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: In D. Rauch, Esquire nsel for Defendant Karl E. Rominger, Esquire Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, Plaintiff, V. HINA SHAH, Defendant. CIVIL DIVISION NO. 07-3980 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2009, it is hereby ORDERED that the above-docketed matter shall be submitted for compulsory arbitration upon receipt of a Praecipe for Reference to Arbitration by the Prothonotary. BY THE COURT: Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 1 71050 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 J. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing JOINT STIPULATION has been mailed by U.S. Mail to counsel of record via first class mail, hh nd postage pre-paid, this C ? day of dU0Z 2009. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kpin D. Ranch, Esquire Counsel for Defendant H: 2 2CF9 j? ?il -3 )E I JUN 0 4 2009 G1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 NINA SHAH, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, this S' day of lww" , 2009, it is hereby ORDERED that the above-docketed matter shall be submitted for compulsory arbitration upon receipt of a Praecipe for Reference to Arbitration by the Prothonotary. BY THE COURT: Distribution to: ? Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17 050 ,,"-Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 II Ces r atLdrr . ? s?vq J. r ? ca r (""3 l PATRICIA HOLLINGER, Plaintiff, V. HINA SHAH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07 - 3980 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch , counsel for the defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: None WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, /?L D ORDER OF COURT AND NOW, 200, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY BLED-0FF11CE OF THE PP^ ti TPnN!OTARY 2009 JUN 10 PM 1: 31 UNTY 4 a4.oo Po An-Y Ct"t alsl P,r* aamsiq PATRICIA HOLLINGER, Plaintiff, V. HINA SHAH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07 - 3980 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch counsel for the ?1- 31 -0 defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: None WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull submitted, i ORDER OF COURT NOW, .3 200 , in consideration of e foregoing petition, j Esq., and ?? ? ? Esq., and Esq., are appointed arbitrators in the above captioned action (oVactions) as pra3Wd for. By th, EDGAR B.BAYLEY ? ,009 ,lUN 10 It 31 att.oo pQ Al-r4 ? p air, 509 ela o? f <ju cd 1L. g Plaintiff 1 tjA+l Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.--PL- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the ,Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity Signature Ljv Signature USig!aaWe e jk Name (Cha' n) Law Firm /U vc), N (t-+, Address city, zip -*- /a. 5 3,5 A nrodrey)? fto &Qn Name ??p?,nSon Ou?e Law Firm 361 Adjej ??. Address Pa0.1p e PA /70y 3 City, zip 11131 Award GGORez F. Name Law Firm Address city, zip -:t /.2,Y3e.) We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ht,1,k hn U IVA l arc. W h D VLU (65;:? O k viz r ti (:vim. . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: /U Z 7 D ( (Chairman) Date of Award: l 0 Z? 19? } Notice of Entry of Award Now, the day of AJCJLJ. , 20p?_, at !1--, _jq_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ -39d _ o b By: Deputy OF THE POT!-"'-'NOTARY 2009 NOV -2 AM 8: {4 UPrB i?u. iY C?4o t'ES 'hcrittLL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?t?1CtG? ??i?s Plaintiff Vs File No. a Civil Term Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: appeals from the award of the Notice is given that A board of arbitrators entered in this case on A jury trial is demanded. (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or ( trike out the inapplicable clause.) 4 Appellant or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. Plaintiff Defendant To In The Court o Common Pleas of Cumberlan County, Pennsylvania No. 07-- J1-90 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Name (Cha' n) Law Firm / u 64), NIr; Address cup-II )e, pf1 n0 j City, Zip 46-w--- Sign A Name DIATflyrr'd Law Firm l ,,61 Address Pri o Pe PA ?dy 3 City, Zip Signature C--bar-cr F. D() tAC,(63' Name SACZ- MrANr4 Law Firm Address CAF-U)cf-f eFht .. r-7 i s City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 01 1,> dissents. (Insert name if Date of Hearing: /U Z7 0 9 (Chairman) Date of Award: 1 0 -7 19? y Notice of Entry of Award Now, the day of ?JCJ U. , 206-9 ,, at : 14 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $? b By: la-V Prothonotary ]t7 S FILED-O FICE OF THE PROTHONOTARY 2009 NOV 19 Ph 3: 14 Ll NN Ty $ 3,5V fxU 3 t" Y"5" f PATRICIA HOLLINGER, Plaintiff vs. HINA SHAH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3980 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this /s day of February, a rule is issued on the Plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. ?Karl Rominger, Esquire For the Plaintiff Kevin D. Rauch, Esquire Matthew Ridley, Esquire For the Defendant Am e p P, PS BY THE COURT, . ;z ? -fca Kevin . Hess, J. ,p Q ? o elt PATRICIA HOLLINGER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. SAMIR SHAH AND HINA SHAH, Defendants. NO. 07-3980 : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this /Z' day of e? , 2012, upon consideration of the within Answer, Counsel for the Plaintiff is granted twenty (20) days from the date of this Order to file an Answer to Defendants" Motion to Compel. Distribution: /Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 /Matthew Ridley, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, Pennsylvania 17050 VAndrew C. Spears, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, Pennsylvania 171 10 f t?pteg iYtti..ff?? ,?i•1li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 NINA SHAH, (Jury Trial Demanded) Defendant. ORDER AND NOW, this /'l' day of ?Ja % , 2012, it is hereby ORDERED that the Plaintiff, Patricia Hollinger, provide the Defendant, Hina Shah, with a signed authorization for release of her employment records and full and complete Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order or suffer such sanctions as the Court sees fit. Distribution List: ?Matthew Ridley, Esquire Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Counsel for Defendant) a/ Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiffs) ?rew C. Spears, Equire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17108 n 3 -v MID z? -cam r-x <C5 ?c 3 ?r --4 C.) COIDl e'S' M:? J Llb PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3980 CIVIL H1NA SHAH, Defendant IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER AND NOW, this : day of June, 2012, argument on the within motion is set for Y Thursday, July 19, 2012, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ? Karl Rominger, Esquire For the Plaintiff Kevin D. Rauch, Esquire Matthew Ridley, Esquire For the Defendant :rlm gip' e5 mv..led BY THE COURT, Kevin . ess, J. 01 t,E3 ? 4 n. Andrew C. Spears r , _a r ° ?! ti 1! Attorney ID# 87737 `' HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com PATRICIA HOLLINGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. 07-3980 CIVIL ACTION - LAW SAMIR SHAH and HINA SHAH Defendant(s) PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of the undersigned counsel for the Plaintiff in the above-captioned matter. HANDLER, HENNING AND ROSENBERG LLP Dated By K rl E. Rominger, Esq. Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Andrew C. Spears Attorney ID# 87737 A, HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com PATRICIA HOLLINGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. 07-3980 CIVIL ACTION - LAW SAMIR SHAH and HINA SHAH Defendant(s) PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Andrew C. Spears, Esquire of Handler, Henning & Rosenberg, LLP on behalf of the Plaintiffs in the above-captioned action. HANDLER, HENNING & ROSENBERG, LLP Date: By: - Andrew C.\Spears, Esquire Attorney I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 r f `a Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhriaw.com PATRICIA HOLLINGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 07-3980 : CIVIL ACTION - LAW SAMIR SHAH and HINA SHAH Defendant(s) CERTIFICATE OF SERVICE On June 15, 2012, 1 hereby certify that a true and correct copy Withdraw of Attorney Karl Rominger, and the Entry of Appearance of Attorney Andrew Spears was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Matthew Ridley, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050-2903 Dated: 6/15/12 HANDL R, HENNING & ROSENBERG, LLP ------------ Andrew C. Spears ? TM PROTW,4oTARY 2012JUN27 AM11:23 Ct%RLAN Cl?IiNTY Andrew C. Spears ENNS?-A? Attorney IDN 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com PATRICIA HOLLINGER, Plaintiff V. SAMIR SHAH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3980 CIVIL ACTION - LAW REPLY TO DEFENDANT'S MOTION FOR SANCTIONS AND NOW, comes the Plaintiff, Patricia Hollinger, by and through her counsel, Handler, Henning & Rosenberg, LLP, by Andrew C. Spears, Esq., and files the following response to Defendants' Motion for Sanctions and in support thereof, avers as follows: 1. Without admission, no response is required, as the written Pleadings in this case speak for themselves. 2. Plaintiff lacks sufficient information to form a response to the averments contained in Paragraph 2., so they are therefore denied. If a response is required, it is admitted that Defendant's counsel has alleged that they have served the Supplemental Interrogatories on -1- r Plaintiff's current counsel of record, Karl E. Rominger, Esq. Plaintiff avers that she was never given copies of these interrogatories, so she cannot speak to any dates that they were served. 3. Plaintiff lacks sufficient information to form a response to the averments contained in Paragraph 3., so they are therefore denied. If a response is required, Plaintiff admits that defense counsel avers that they forwarded a letter to Attorney Karl E. Rominger, Esq. on July 7, 2011, and does not have any reason to dispute Defendant's counsel 's averments. 4. Admitted. 5. Admitted, with clarification. It is admitted that Attorney Karl E. Rominger, Esq., filed a response to Defendant's Motion, requesting an additional 20 days to respond to Defendant's discovery requests. It is denied that the Plaintiff had any knowledge that Attorney Rominger was filing such a response or that she was consulted in any way. On the contrary, she has retained the undersigned to represent her interests, but they have not been able to secure Rominger's withdrawal as attorney of record from this docket number. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Defendant filed a Motion requesting entry of Order. It is specifically denied that Plaintiff had any knowledge of the Supplemental Interrogatories or that she failed to respond accordingly. 8. Without admission, Judge Hess's April 19, 2012, Order is a written document that speaks for itself. 9. Admitted in part and denied in part. It is admitted that Plaintiff has not filed Answers to Supplemental Interrogatories nor provided Defendant's counsel with a signed Authorization for release of her employment records. It is specifically denied that she has been provided those items by Attorney Rominger. On the contrary, Plaintiff had never seen said documents until they were provided by her current counsel. -2- r 10. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 11. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. By way of further response, Pennsylvania Rules of Civil Procedure 4019 speaks for itself. 12. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. By way of further response, Plaintiff avers that she should not be prejudiced for her prior counsel's failure to provide her with Defendant's discovery requests and she should not have her case limited due to the actions of her prior counsel. 13. Admitted. 14. Admitted. WHEREFORE, the Plaintiff/Petitioner respectfully requests that This Honorable Court dismiss Defendant's Motion for Sanctions and enter such other Orders as are equitable and just. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esq. Attorney I.D. #87737 -3- r VERIFICATION PURSUANT TO Pa RCP No 1024(cl ANDREW C. SPEARS, ESQ. states that he is the attorney for the party(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. ANDREW C. SPEARS, ESQ. DATE: r• Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. (717) 238-2000 Attorneys for Plaintiff Fax (717) 233-3029 spearsO-hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, 0.07-3980 Plaintiff V. IVIL ACTION - LAW SAMIR SHAH, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant by sending a copy of the same to the Defendant's counsel of record: Matthew Ridley, Esq. Kevin D. Rauch, Esq. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 (counsel for Defendant) and to Plaintiffs previous attorney: Karl E. Rominger, Esq. Rominger & Assoc. 155 South Hanover St. Carlisle, PA 17013 by United States mail in Harrisburg, Pennsylvania on June4-2012 HANDLER, HENNING & ROSENBERG, LLP DATE: By Andre L. Spears, q. r. r rt1w C_ ..may {f''•Uar 1 ?L. k i )> C -r xy N CDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN9YL NIAr PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, NO. 07-3980 V. PRAECIPE TO WITHDRAW MOTION HINA SHAH, FOR SANCTIONS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Matthew Ridley, Esquire Pa. I.D. #204265 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 HINA SHAH, (Jury Trial Demanded) Defendant. PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS To: Prothonotary Kindly withdraw Defendant's Motion for Sanctions pursuant to Pa. R.C.P. 4019. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By. A-1 .. Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3?d day of July, 2012. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17108 (Attorney for the Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: . Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3980 CIVIL HINA SHAH, Defendant ORDER AND NOW, this //' day of July, 2012, the above-captioned case is assigned to Honorable J. Wesley Oler, Senior Judge. ? The Honorable J. Wesley Oler V Karl Rominger, Esquire For the Plaintiff Kevin D. Rauch, Esquire Matthew Ridley, Esquire For the Defendant V Court Administrator :rlm Q)P;es AIU. 'Ie'd rl l BY THE COURT, Kevin A" Hess, J. L cz) - ?. Z 5c C?? PATRICIA HOLLINGER, PLAINTIFF V. HINA SHAH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3980 CIVIL IN RE: MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 16th day of July, 2012, upon consideration of the Motion for Status Conference filed by Attorney Andrew Spears, IT IS HEREBY ORDERED AND DIRECTED that a status conference will be held on Tuesday, July 24, 2012, at 9:00 a.m. in the Office of the Senior Judge, Law Library, Third Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. Andrew Spears, Esquire Attorney for Plaintiff VMatthew Ridley, Esquire Attorney for Defendant Karl Rominger, Esquire bas? jowroC<<c, [? /I. n tr es r,,,u. I e.(4 71 j bI1 2 M C -3? A ? G c r tT v eV CD 771'' _ CD le-g & By the Court, PATRICIA HOLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NINA SHAH, : Defendant : NO. 07-3980 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 24th day of July, 2012, upon consideration of Plaintiff's Motia for Status Conference, following a status conference held in the chambers of tip undersigned judge on this date in which Plaintiff was represented by Andrew C. Spear Esq., and Defendant was represented by Matthew Ridley, Esq., and pursuant to 4 agreement of counsel it is ordered and directed as follows: 1. Within 90 days of their identification by Plaintiff in response to an outstanding discovery request, Plaintiff's counsel shall serve upon Defendant's counsel copies of any medical records of Plaintiff related to the accident that is the subject of this case which have not already been provided to Defendant's counsel; 2. Within 30 days of the date of this order, the Department of Labor and Industry is requested to furnish to Defendant's counsel records requested pursuant to an authorization in June, 2012, related to Plaintiff s employment with the Commonwealth; 3. Within 90 days of receipt by Defendant's counsel of the employment records referred to in the preceding paragraph from the Commonwealth, Plaintiff's counsel shall serve upon Defendant's counsel Plaintiff's specific demand as it relates to wage loss; and 4. At any time thereafter, either counsel may list this case for trial. THE COURT ADMINISTRATOR is requested to assign any further Proceedings in this case to another judge, because a nephew of the undersigned judge is an attorney with the firm of Plaintiffs counsel. Court Administrator Ak kw- Cumberland County Court of Common Pleas Andrew C. Spears, Esq. Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 Attorney for Plaintiff BY THE COURT, J esley Ole(,- ., S. . Matthew Ridley, Esq. Summers, McDonnell, Hudock, Guthrie and Skeel, P.C. Suite 306 100 Sterling Parkway Mechanicsburg, PA 17050 Attorney for Defendant + XW F! _ -_CE OF THE r�1uI�l�G�10 t, .{, 2'313 JUL 18 Ail 0 CUMBNNaYLVA COUNTY i �' PE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 DEFENDANT'S ADMINISTRATIVE HINA SHAH, APPLICATION FOR STATUS Defendant. CONFERENCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 NINA SHAH, (Jury Trial Demanded) Defendant. DEFEND'ANT'S-ADMINISTRATIVE APPLICATION STATUS_CONFERENCE PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 215.3 1. This case arises out of an accident that occurred on July 7, 2005. 2. As a result of the accident, the Plaintiff filed a Complaint, sounding in negligence and alleging personal injury. 3. Discovery has been conducted in this case and the parties have exchanged written discovery and completed depositions. At this time there is some limited outstanding discovery. 4. In an effort to move this matter forward, the Defendant respectfully requests the foregoing Administrative Application for Status Conference be granted so all parties may agree to schedule dates and deadlines for any additional discovery as well as Pretrial and Trial Motions. 5. At this time all parties have agreed on this Administrative Application for Status Conference as they believe the Status Conference could resolve the outstanding issues and move forward listing this matter for trial. a, 6. Oral Argument is not requested, and it is asked that this matter be scheduled for a Status Conference. WHEREFORE, Defendant, Hina Shah, respectfully requests that this Honorable Court enter an Order granting the within Application and scheduling Status g a s Conference. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE Rfor C. By: evin Esquire Counndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION Plaintiff, V. NO. 07-3980 HINA SHAH, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, this _ day of 2013, it is hereby ORDERED, ADJUDGED, and DECREED that a Status Conference in the above- referenced matter is scheduled for 2013, before the Honorable 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 Karl E. Rominger, Esquire; Rominger &Associates; 155 South Hanover Street, Carlisle, PA 17013 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15th day of July, 2013. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & EL, P. By: evin D. Rauch, Esquire Counsel for Defendant of PATRICIA HOLLINGER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT HINA SHAH, Defendant 2007-03980 CIVIL TERM IN RE: DEFENDANT'S ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 215.3 [sic] ORDER OF COURT AND NOW, this 24th day of July 2013, upon consideration of the Defendant's Administrative.Application for Status Conference Pursuant to Cumberland County Local Rule 215.3 [sic], a status conference in the above-captioned case is scheduled for 5 September 2013, at 11:00 a.m., in the jury deliberation room of Courtroom No. 6, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel for all parties shall provide the court with a proposed scheduling order for any additional discovery, pretrial motions, and trial date to be considered at the time of the conference. BY I A Thomas A. Placey, C.P.J. Distribution: ,/Kevin D. Rauch, Esq. Karl E. Rominger, Esq. M OU 4ennins Ln <Czj CD FTI N) PATRICIA HOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW HINA SHAH, 2007-3980 CIVIL TERM Defendant ` ' � M M ri . 'T! Z►� —a -, IN RE: STATUS CONFERENCE r-<-< Cn ORDER OF COURT J CD Xcj C C1 i AND NOW, this 5th day of September, 201 , a �; „ cn �a status conference was held in the jury deliberation room of Courtroom Number 6. Present on behalf of Plaintiff was Andrew C. Spears, Esquire, and present on behalf of Defendant was Kevin D. Rauch, Esquire. Following a conference, the following scheduling in anticipation of trial is ordered: 1 . Fact discovery between the parties shall be completed no later than 1 November 2013 . 2 . Any Plaintiffs ' s expert report shall be due no later than 15 November 2013 . Provided that there is a stipulation that the alleged damages arising out of this incident cut off at the occurrence of a new incident, the Defendant ' s previous expert report will not need to be updated; however, if that is not the case there may be a need for an additional expert report that has not been contemplated at this time. 3 . Any dispositive motions shall be filed no later than 2 December 2013, with listing the case for argument on the 20 December 2013 argument court . Thereafter, the case will be listed for trial in the February 2014 civil trial term that will require the case to be listed no later than December 16, 2013, called on January 7, 2014, and a pretrial conference on January 22nd, 2014, with trial scheduled to be begin on February 3rd, 2014 . By the Court, Thomas A. Placey C. P. J. ✓Andrew C. Spears, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For Plaintiff vin D. Rauch, Esquire 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 For Defendant Court Administrator :mae IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA HOLLINGER, CIVIL DIVISION , - Plaintiff, v. NO. 07-3980 r- HINA SHAH, (Jury Trial Demanded) rc; `:-, Defendant. =tom i c a PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew Spears, Esquire Counsel for Plaintiff