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HomeMy WebLinkAbout07-4585.•- ~ Pamela Markley , Plaintiff vs. Joyce Fleming, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - /SOS C."~u ~ C., ! ~l CIVII. -LAW PRAECIPE FOR WRIT OF SUMMONS To: Cumberland. County Prothonotary: Please issue a Writ of Summons in the above captioned matter against Joyce and Lawrence Fleming, Defendant in the above captioned matter. Joyce Fleming 6254 Molly Pitcher Highway Shippensburg, PA 17257 ~7 Date: Mark F. Bayley, Esquire BAYLEY & MANGAN 57 W. Pomfret St. Carlisle, PA 17013 ID # 87663 Attorney for Plaintiff ~ ~ -~ tea. d d -u c-r~ ~~~ %'~, :%'.. tI} ::~:' ~ ~ -. ~`-' ~ ~_. ~ ~.~' G s-a 0 0 _., G7 N t' O ~, -o ~ ~~~; r 'r Pamela Markley , Plaintiff vs. Joyce Fleming, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - ~C,/S~ C~:.,C~~ CIVIL -LAW .WRIT OF SUMMONS To: Joyce Fleming. 6254 Molly Pitcher Highway Shippensburg, PA 17257 You are hereby notified that Pamela Markley, by and through her attorney, Mark F. Bayley, Esquire, has commenced. an action against you in connection with an automobile accident which occurred on or around August 3, 2005. Date: ~~~2,D~U~ n Prothonotary Seal of the Court (Deputy) 0 'a-- ~~ ~~ ~ ~. ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. PRAECIPE FOR APPEARANCE JOYCE FLEMING, 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 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, v. NO. 07-4585 JOYCE FLEMING, (Jury Trial Demanded) Defendant. 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 Defendant, Joyce Fleming, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL.I.L.P..~, By: n`B'I~au~h, Esqui nsel for Defendant 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 22ND day of August, 2007. Mark F. Bayley, Esquire Bayley & Mangan 57 W. Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & Sl(EELrd.L.P.~ By: Ken D. Rauh, Esquire Co nsel for Defendant ~? ~ ~ 7 '~ "' ~.~.. ,~ j ~ _ ~rj 1 ~ ~~ Y,'~ _ vl-~~ ~ .. _ ~~ v. t1 ` , Y e ~"'L • ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. PRAECIPE FOR RULE JOYCE FLEMING, TO FILE COMPLAINT 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 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, v. JOYCE FLEMING, Defendant. CIVIL DIVISION NO. 07-4585 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Pamela Markley, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL. L.L.P. By: ~~ F~uch,~E'~q"uire I for Defendant 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 22ND day of August, 2007. Mark F. Bayley, Esquire Bayley & Mangan 57 W. Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &~KEEL, L.L„P. By: vin D. Duch, Esquire unsel for Defendant 1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, v. NO. 07-4585 JOYCE FLEMING, (Jury Trial Demanded) Defendant. RULE AND NOW, this th day of ~u.nus~' 2007, upon consideration of Defendant's 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 a~'~'~'' day of ;~.A+ , 2007. 5 Prothonot Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Mark F. Bayley; Esquire Bayley & Mangan 57 W. Pomfret Street Carlisle, PA 17013 ~z r~ ~_ ...,~ -s, ~ `~: i~1~ s:; _ if t , ~~ ~ ~ ~' ` -'.t 3"Y ~ r C~ `-'i -' ~, W -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04585 P COMMONWEALTH OF PENNSYLVANIA: 'COUNTY OF CUMBERLAND MARKLEY PAMELA VS FLEMING JOYCE 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: FLEMING JOYCE but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 31.10 Postage 1.16 ~~Io~ 69.26 q ~~ 09/19/2007 BAYLEY & MANGAN So answers : ~ --=~ ' l~ l~.i ~~ R. Thomas Kline "- Sheriff of Cumberland County Sworn and subscribe to before me this day of A.D. ~ .~ ,. In The Court of Common Pleas of Cumberland County, Pennsylvania ~ Pamela Markley VS. Joyce Flgning No . 07-4585 civil Now, August s, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service -cam Now, ~J ~ ~ S- 1 ~ - , 20~, at Z- = ~d o'clock ~• M. served the within ~ ~ ~ :~ ~ ~ S ~ M M t~ ~ S upon __ .-,a~{'C~''~ ~i..r_N~ t ~~ at C-Z*~`~.~- c7L.t ` ,-i-~r ~ ~~a~ c~,~~l' 1 ~71~ ~ by handing to `.- ~. LJ 2~ ~ G' c~ t~ c ,,JCS a '~l~i"z-~ ~ A, ~J'~ .~.`~"~ j""~ '±~ copy of the original 1~7~Z ~ ~ e~ r ~ ,~ M ~a,s and made known to 1-~t ~ the contents thereof. So answers,~~~('~ ~ w r ~~~~ -{i .- T ~ ?J~Sheriff of ~,,Q ~~,~,~ ~. County, PA ~'t K~-~ . COSTS Sworn and subscribed before SERVICE $ me 's ~ ~ day of u~ 20 0 ~ MILEAGE . 7-, _ f1 _ AFFIDAVIT t~chard D. illkCarty, Notary Public Chamberst:urg Boro, Franklin County MY Commission Expires Jan. 29, 2011 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. TEN DAY IMPORTANT NOTICE JOYCE FLEMING, 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 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15695 ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, v. NO. 07-4585 JOYCE FLEMING, (Jury Trial Demanded) Defendant. TO: Pamela Markley, Plaintiff c/o Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 Date of Notice: October 3, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS WITHIN THIS DATE OF THIS NOTICE, A JUDGMENT OF DEFAULT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: C Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing TEN DAY IMPORTANT NOTICE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this J~ day of C~JC'~'E~- , 2007. Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. ~ h evin D. Rauch, Esquire Counsel for Defendant (~~ (~~ l~ ~:~:? ~. _ _ -- t `w S , .7 .'--~ T ~• ~;~ , _ ~ i ,- I ~ _ 'l'am .~ _ (, C,) C~ _. Cs , :~ -^C Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. . N0.07 - 4585 Joyce Fleming, Defendant :CIVIL -LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABII,ITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 4585 Joyce Fleming, Defendant CIVII. -LAW COMPLAINT 1. The plaintiff, Pamela Markley, is an adult individual who resides at 446 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant, Joyce Fleming, is an adult individual who resides at 6254 Molly Picher Highway, Shippensburg, Franklin County, Pennsylvania, 17257. 3. On August 3, 2005 plaintiff was operating her vehicle and was properly stopped at a red traffic signal on King Street in Shippensburg, Cumberland County, Pennsylvania. 4. At the same time defendant, operating her vehicle, suddenly and without warning to plaintiff, collided with the rear of plaintiffs vehicle. 5. The defendant was negligent in the operation of her vehicle, and as a result of said negligence, a collision occurred. 6. The defendant was negligent in the following respects: a. In failing to maintain a proper lookout; b. In failing to drive within the assured clear distance ahead; and c. In traveling too fast for conditions. 7. As a result of the negligence of defendant the plaintiff was injured. 8. The plaintiffs injuries include, but are not necessarily limited to, injuries to her back, neck, shoulders and arms. 9. As a direct and proximate result of said injuries, the plaintiff had to undergo medical treatment and will have to continue to undergo medical treatment into the future. 10. As a direct and proximate result of the injuries sustained by the plaintiff, medical expenses have been incurred by plaintiff and will continue to be incurred by her into the future. 11. As a direct and proximate result of her injuries, the plaintiff has undergone pain and suffering, aggravation and inconvenience, and loss of life's pleasures, and may continue to endure the same into the future. 12. As a direct and proximate result of her injuries, the plaintiff has suffered and continues to suffer a loss of her earnings andlor an impairment of her earning capacity. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Pamela Markley, and against the defendant, Joyce Fleming, in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. lo-s~~ Respectfully submitted, Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Pamela Markley , IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.07 - 4585 Joyce Fleming, . Defendant CIVIL -LAW VERIFICATION I verify that the statements made in this within Complaint are true and correct. I understand that false statements herein are made subject to the penaltfe of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. i ~i ~ ~ l~ ~ ~-~ amela Markley Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, . Defendant :CIVIL -LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kevin Rauch, Esquire 1017 Mumma Road Lemoyne, PA 17043 Dated: ~r ~~ Mark F. Bayley, Esq ' Attorney for Plaintiff v ~~ Q ~ ~ ' ~ -r , -- -cs , Cv~ °:. ~~? ~~ t ~ C:. ~,~: ~ ~ ~a ~ ~,'t , : ..- t~? ~, ~ ~, :~. `~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, v. JOYCE FLEMING, 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. 0 Summers, Mc onne I, Hudock, Guthrie & Skeel, L.L.P. CIVIL DIVISION NO. 07-4585 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 #15695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, v• NO. 07-4585 JOYCE FLEMING, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Joyce Fleming, 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. Admitted. 3. 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. 4. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of her motor vehicle on the date, time, and location of the subject accident. After a reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the remaining allegations of paragraph 4, and therefore said allegations are denied and strict proof thereof is demanded at the time of trial. 5. Paragraph 5 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. 6. Paragraph 6 and all of its subparts state 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. 7. Paragraph 7 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. 8. 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. 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. 10. Paragraph 10 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. 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. 12. Paragraph 12 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, Joyce Fleming, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. 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. 14. 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. 15. To the extent that the Plaintiff has selected the limited tort option or is 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. 16. This 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, Joyce Fleming, respectfully requests 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: /D - ~ ~ - d 7 J ce Fleming #15695 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 November, 2007. Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant ~,:7 ~' v ~ '~i f~ ~t'? ,,,,C . '' G~. ~ ~ ~ ±: ~ ~ ~ .~ • -• Pamela Mazkley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, Defendant CIVII. -LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 13. Pazagraph 13 states legal conclusion to which no response is required. To the extent, however, a response is deemed necessary, said averments are denied. 14. Pazagraph 14 states legal conclusion to which no response is required. To the extent, however, a response is deemed necessazy, said averments aze denied. 15. Denied. Byway of further answer, plaintiff selected full tort options on all relevant policies and full tort options herein apply. 16. Denied. Byway of further answer, defendant has failed to aver any applicable statutes of limitations that apply to the within matter as a complete or partial bar of any recovery by plaintiff. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment in her favor and against defendant. Respectfully submitted, 1I-l`~ ~7 Mazk F. Bayley, squire 17 West South Street Cazlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 v Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, . Defendant CIVII. -LAW VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. o.~. ~~-107 Mark F. Bayley, Esquire Attorney for Plaintiff Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, Defendant CIVII. -LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kevin Rauch, Esquire 1017 Mumma Road Lemoyne, PA 17043 Dated: Mark F. Bayley, Esquire'' Attorney for Plaintiff N_ <_'" 'C7 C7: J ~ (' f! rP; O ._ ',: -vC C_" :~ . -, 'Z7 ~-' (,., -y" t~ N `_ .. „~ .C' ~:_ ~~ G S ~`~ r c"7 t+7 ~ -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. MOTfON TO COMPEL DISCOVERY JOYCE FLEMING, RESPONSES 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 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, v. JOYCE FLEMING, Defendant. CIVIL DIVISION NO. 07-4585 (Jury Trial Demanded) MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, comes the Defendant, Joyce Fleming, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Responses and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on August 3, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On September 14, 2007, the Defendant served the Plaintiff with Interrogatories and Request for Production of Documents relative to the above- referenced matter. A true and correct copy of the correspondence between the parties dated September 14, 2007, is attached hereto as Exhibit "A." 4. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiffs Answers to Interrogatories and Response to Request for Production of Documents should have been received by October 14, 2007. 5. On October 5, 2007, and November 14, 2007, Defendant's counsel forwarded letters to Plaintiffs counsel requesting that he respond to the outstanding discovery and advising that a Motion to Compel the same would be filed. A true and correct copy of the correspondence between the parties dated October 25, 2007, and a November 14, 2007, are attached hereto as Exhibit "B." 6. To date, the Defendant has not received any response from the Plaintiff or Plaintiffs counsel regarding the Defendant's discovery requests. 7. It is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to the Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court to enter an Order directing the Plaintiff to provide the Defendant with full and complete responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted to contact with Plaintiffs counsel as set forth above to resolve this discovery dispute. Despite such attempts by Defendant's counsel, the Plaintiffs discovery responses have not been received. WHEREFORE, Defendant, Joyce Fleming, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to produce full and complete responses to the Defendant's discovery requests. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant September 14, 2007 Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 RE: Markley v. Fleming Our File No. 15695 Dear Mr. Bayley: Enclosed please find Defendant's Interrogatories and Request for Production of Documents to Plaintiff in the above-captioned matter. Kindly respond to the same within the timeframe established by the applicable Rules of Civil Procedure. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Kevin D. Rauch KDR:Iam Enclosures October, 25, 2007 Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 RE: Markley v. Fleming Our File No. 15695 Dear Mr. Bayley: Please be advised that I am assisting Kevin Rauch in the above-referenced matter. Defendant's Interrogatories and Request for Production of Documents to Plaintiff were previously forwarded to you on September 14, 2007. To date, I have yet to receive a response. Kindly advise me as to when I can expect to receive the same. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Seth T. Black STB ~A November 14, 2007 Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 RE: Markley v. Fleming Our File No. 15695 Dear Mr. Bayley: Please be advised that I am assisting Kevin Rauch in the above-referenced matter. I have yet to receive a response to my Interrogatories and Request for Production of Documents which were previously forwarded to you on September 14, 2007. Should I fail to receive said responses within two (2) weeks of the date of this letter, I will be forced to file a Motion to Compel the same. Should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Seth T. Black STB:Iam t . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of November, 2007. Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant _ ..,% ~.. l.~-j~ i ~. .. 1 a h ...~. .. ~ i ~f `Z. r v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. AMENDMENT TO DEFENDANT'S JOYCE FLEMING, MOTION TO COMPEL DISCOVERY Defendant. RESPONSES (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 #15695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, CIVIL DIVISION v. JOYCE FLEMING, Defendant. NO. 07-4585 (Jury Trial Demanded) AMENDMENT TO DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, comes the Defendant, Joyce Fleming, 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 Discovery Responses 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, Joyce Fleming, 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 DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this t ~ ~. day of , 2007. Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant t . c. a -1"1 . _ _...,t ._ j ~,~ r i ~ ~.. r f */ `Y_ ~ ' ,t, DFC 0 4 2007,E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, v. JOYCE FLEMING, Defendant. CIVIL DIVISION NO. 07-4585 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this ~ day of ~ tc.c. w- e,~f , 2007, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff, Pamela Markley, provide Defendant, Joyce Fleming, with Answers to Interrogatories and Response to Request for Production of Documents within twenty (20) days of this Order. BY THE COURT: ~~.~ Distribution to: ~Cevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 ark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 , "J~1~+~lC11~S~lN3d ~ Z ~ ! I W~1 h t ~3D l80Z h~lt}Nt3Nl~3d 3ldi ~(? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. MOTION TO COMPEL ANSWERS TO JOYCE FLEMING, SUPPLEMENTAL INTERROGATORIES Defendant. (Jury Trial Demanded) Filed on Beha{f of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. l.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15695 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, v. JOYCE FLEMiNG, Defendant. CIVIL DIVISION NO. 07-4585 (Jury Trial Demanded) MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERRjDGATORIES AND NOW, comes the Defendant, Joyce Fleming, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Responses and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on August 3, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On January 30, 2009, the Defendant served the Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. A true and correct copy of the correspondence between the parties dated January 30, 2009, is attached hereto as Exhibit "A." 4. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiffs Answers to Supplemental Interrogatories should have been received by March 1, 2009. 5. On March 9, 2009, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting that he respond to the outstanding discovery and advising that a Motion to Compel the same would be filed. A true and correct copy of the correspondence between the parties dated March 9, 2009, is attached hereto as Exhibit .,6 ~~ 6. To date, the Defendant has not received any response fr©m the Plaintiff or Plaintiffs counsel regarding the Defendant's discovery requests. 7. It is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to the Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court to enter an Order directing the Plaintiff to provide the Defendant with full and complete responses to Defendant's Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted to contact with Plaintiffs counsel as set forth above to resolve this discovery dispute. Despite such attempts by Defendant's counsel, the Plaintiffs discovery responses have not been received. 10. On December 14, 2007, Judge Ebert entered an order requiring the Plaintiffs to respond to the Defendant's initial discovery request. 11. Opposing counsel does not concur in this Motion. WHEREFORE, Defendant, Joyce Fleming, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to produce full and complete responses to the Defendant's discovery requests. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: .~ Kevin D. Rauch, Esquire Counsel for Defendant January 30, 2009 Mark F. Bayley, Esquire Bayley 8~ Mangan 17 West South Street Carlisle, PA 17013 RE: Markiev v. FieminQ Our File No. 15695 Dear Mr. Bayley: I am in receipt of your rejection in the above-referenced matter. Kindly provide me with an updated demand at your earliest convenience. Additionally, enclosed please find Supplemental Interrogatories directed towards your client. Kindly respond to the same within the timeframe outlined Iby the applicable Rule 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:Iat Enclosure March 9, 2009 Mark F. Bayley, Esquire Bayley 8~ Mangan 17 W est South Street Carlisle, PA 17013 RE: Markley v. Fleming Our File No. 15695 Dear Mr. Bayley: In review of my file, it appears that I have not yet received your client's Answers to Supplemental Interrogatories in the above-referenced matter. Kindly provide me with your client's answers along with an updated demand at your earliest convenience. If your client needs additional time, please feel free to contact me. Otherlwise, should I fail to hear from you, within the next two weeks, i will forced to file a I~lotion to Compel these answers. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, r; `~ ,, ~ ,; f ~ Seth T. Black STB:kan CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing 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 ~~~~ day of March, 2009. Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, L.L.P. gy: ,~~ Kevin D. Rauch, Esquire Counsel for Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, Plaintiff, v. JOYCE FLEMING, Defendant. AND NOW, TO WiT, this CIVIL DIVISION NO. 07-4585 (Jury Trial Demanded) ORDER day of 2009, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff, Pamela Markley, provide Defendant, Joyce Fleming, with Answers to Supplemental Interrogatories within twenty (20} days of this Order. BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 r.a - ~~ t -> G ~ 4:.7 s'} +~ ` ~ ~ •-~ _~".4 Fw ~~ '"f`t ._ r:a '- a~ ~~ r~ ~ Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, Defendant :CIVIL -LAW P_ LAINTIFF'S REPSONSE TO DEFENDANT'S MDTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Plaintiff, Pamela Markley, by and through her counsel, Mark F. Bayley, and in response to Defendant's recent motion avers as follows: Plaintiff has no objection to responding to Defendant's latest set of interrogatories despite the fact that Defendant's current interrogatory count far exceeds the limit pursuant to local rules. 2. Undersigned counsel has been delayed in responding to said interrogatories for two reasons. First, based upon statements from opposing counsel to undersigned counsel over the past couple of months, undersigned counsel believed that the parties were temporarily setting discovery aside to engage in settlement negotiations. Second, Plaintiff changed her telephone contact information a couple of weeks ago which has hindered undersigned counsel's ability to quickly respond to the interrogatories after Defendant filed his Motion to Compel. 3. Undersigned counsel has no objection to responding to Defendant's interrogatories within twenty days. WHEREFORE, Plaintiff respectfully requests entry of the attached order. Respectfully submitted, BA LEY & GAN .~ -- o~ Mark F. Bayley, Es ire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, Defendant CTVII. -LAW VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~ ,, r\ V Mark F. Bayley, squire Attorney for Plaintiff Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, Defendant :CIVIL -LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Seth Black, Esquire 1017 Mumma Road Lemoyne, PA 17043 Mark F. Bayley, Esquire - ~ ~ O ~ Attorney for Plaintiff Dated: _w ~; ~; N ~~' ~~~' ~~ ~ c ca C~ -. APR n ~ ?nnQ ,~ ~~ .' Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - 4585 Joyce Fleming, Defendant :CIVIL -LAW ORDER ih ~ , 2009, upon review of Defendant's AND NOW, this ~ day of PcQ~` Motion to Compel Answers to Supplemental Interrogatories and Plaintiffs response thereto it is hereby ordered that Plaintiff forward responses to said interrogatories within 20 days of this Order. ~~~ istribution: ark F. Bayley, Esquire Seth Black, Esquire ~© ~ ~S ~L ~/?/~ ~ ~,~s t ~ ~ (~ I ~J t L r. i~l~'pr ; t - :j'v~l L~ ~Zi ~~ L- ~d~ 6I~Ol PRAECIPE FOR LISTA~TG CASE FOR TRIAL (Mast be typewritten and submitted in duplicate} TO THE PROTHONOTARY OF CUMBERI-AND COUNTY Please list the following case: for JURY trial at the next term of civil court. for trial without a jary. CAPTION OF CASE (entire caption must be stated to full (check one) © Civil Action -Law Pamela Markley ^ Appeal from arbitration (other) (Plaintiff) vs. The trial list will be called on Asst ~ s S _ 2 0 0 g and Joyce Fleming Trials commence onS~ptember ~] , 2009 (Defendant) PretrtalswillbeheldonSeptember 2, 2009 vs. (Briefs are due S days before pretrurls No. 4585 07 Term Indicate the attorney who will try case for the party who files this praecipe: Seth Black Indicate trial counsel for other parties if known: Mark Bayley This case is ready for trial. Signed: /1 / PrintNarne:K_evin D. Rauch, Esquire Date: l ~-l ~ ~ Attorney forAef endant ~ 1 CA ~TL Fi~G-~ui='~=~C~ Q~ f P~~='~"~fnTA~Y 2009 JUG. 20 Pit 12~ ~ 8 CU~~s4..- .. ~:..~ ,.~;~u~v7Y F~~I~;S`rl .V~€ ~a5, oo ~P4 ~"t'tY ~`aag~91 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, NO. 07-4585 v. PRAECIPE TO WITHDRAW CASE FROM JOYCE FLEMING, 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 #15695 FI~.~l,- ~'~~-ti.~r ZOD9 J~~€. 2~+ ~~ ! ~ R 1 GlfPv~.~t .;~v~~ Y J i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, v. NO. 07-4585 JOYCE FLEMING, (Jury Trial Demanded) Defendant. PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST TO THE PROTHONOTARY: Kindly remove the above-captioned matter from the September 21, 2009, Civil Trial List. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. c By: Kevin D. Rauc ,Esquire Counsel for Defendant . , .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~,~ day of July, 2009. Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CA ~~ Fl~~~; r~1~ j- C,r_ 209 JJ~ 2~+ P~1 ~ ~ E 'l ~~e. 4r y~,i il~ j ~i~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) 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 fuln Pamela Markley (other) (Plaintiff) vs. The trial list will be called on 01 i 1 4 j 1 0 and Joyce Fleming Trials commence on 02 / O1 / 1 0 (Defendant) Pretrials will be held on O 1 / 1 3 / 1 0 vs. (Briefs are due S days before pretrials No. 07 - 4585 Term Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esctuire Indicate trial counsel for other parties if known: Mark F. Bayley, Esquire This case is ready for trial. Signed: Print Name: Kevin D. Rauch, Esquire (check one) ® Civil Action -Law ^ Appeal from arbitration Date: ~O ~ ~~ ~~ Attorney for: Defendant CA / ?L F~t~t}--u~-; ~t~ 0~ Tt~~ ,~n~~-~~~?T~RY 2Q~9 QCT -7 P~ 3~ ~ 6 AA f, ~0'l5.0o A p ~ti'ty rk`~ aa39 w~" a3(~4~ PAMELA MARKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW ~ _ ~~ NO. 07-4585 CIVIL -~; `~; o ~'~ JOYCE FLEMING, ~{ r ~' `~ Defendant ~~? ~- - - v m IN RE: PRETRIAL CONFERENCE ~l ~ _' ~ ~ ~ ~T °_'~' ~ ca Present at a pretrial conference held January 13, 2010, were Mark F. Bayley, >qui r~ ,~ attorney for the plaintiff, and Kevin D. Rauch, Esquire, attorney for the defendant. The matter arises out of a rear-end vehicle accident that occurred on August 3, 2005. The defendant has admitted negligence. The plaintiff claims to have suffered upper back, neck, shoulder and arm injury which continues to cause her pain and discomfort. The issue in the case centers around causation in light of the plaintiff spre-existing health issues. This case can be tried in as little as a day. The usual number of juror challenges will pertain. i ~~~ ~ ~ January 13, 2010 -f 'f ~ ~` /':~ Kevin A. Hess, P.J. Mark F. Bayley, Esquire For the Plaintiff % Kevin D. Rauch, Esquire For the Defendant Court Administrator rlm ''~'= THE !' ~^-- -~,~ ,;'~T~J?Y 2010 FEB 19 ~-9 1 ~ 2 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA MARKLEY, CIVIL DIVISION Plaintiff, v. NO. 07-4585 JOYCE FLEMING, (Jury Trial Demanded) Defendant. TO: Prothonotary PRAECIPE TO DISCONTINUE Kindly mark the docket in this matter closed. Respectfully submitted, BAYLEY & MANGAN _` ~ B Y ark F. Bayley, Es ire Counsel for Plaintifft Pamela Markley, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 4585 Joyce Fleming, Defendant :CIVIL -LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Seth Black, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 ~ ( ~~ Datod: Mark F. Bayley, Esqui e Attorney for Plaintiff