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Home My WebLink About03-4872 v. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW No. 6.3 -4P'7.L e,c..~C-T~ JURY TRIAL DEMANDED VIRGINIA GREEN, Plaintiff, LINDA OLSEN, 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. (/ j _ Y'i"1J- JURY TRIAL DEMANDED VIRGINIA GREEN, Plaintiff, LINDA OLSEN, Defendants COMPLAINT AND NOW, comes Plaintiff, Virginia Green, by her attorney, Mark F. Bayley, Esquire, and in support of her Complaint avers as follows: 1. Plaintiff, Virginia Green, is an adult individual residing in Cumberland County, Pennsylvania. 2. Defendant, Linda Olsen, is an adult individual believed to be residing at 204 Stephanie Drive, DilIsburg, York County, Pennsylvania. 3. On or about September 20,2001, at approximately 7:30 a.m., Defendant Linda Olsen was operating her automobile in a Southward direction on Walnut Bottom Road, a public highway, in Carlisle, Pennsylvania. 4. On or about September 20,2001, at approximately 7:30 a.m., the Plaintiff, in the exercise of due and proper care, was riding her bicycle along the berm of the roadway in the same direction as traffic along Walnut Bottom Road in Carlisle, Pennsylvania. 5. The Defendant did then and there, at the time and place stated, so negligently and carelessly drive and run her automobile, which was then and there under the control and being operated by the Defendant, that it ran into and knocked the Plaintiff down, causing injuries hereinafter set forth. 6. The accident was due solely to the negligence and carelessness of the Defendant in that (a) Defendant's vehicle was operated in a reckless, careless, and negligent manner, (b) it was operated without regard for the existence of cyclists lawfully upon the highway, (c) with the Plaintiff in full view, the vehicle was so carelessly and negligently operated that it was brought into forcible and violent contact with the Plaintiff. 7. As a result of the forcible and violent contact of Defendant's vehicle striking the Plaintiff, Plaintiff suffered injuries which resulted in the necessity of medical treatment. 8. Said injuries, which were a result of the violent impact, caused plaintiff severe physical injuries and mental anguish including but not limited to pain and suffering, physical trauma, scarring and emotional distress. COUNT I NEGLIGENCE 9. Previous paragraphs incorporated by reference. 10. Defendant had a duty to operate her vehicle in a reasonably prudent manner and obey traffic signs and signals. 11. Defendant breached her duty in that: ( a) she failed to obey traffic signs and signals on the road on which she was driving; (b) she failed to keep a proper lookout for cyclists lawfully operating on the roadway; (c) she operated the automobile in such a manner as to collide with the Plaintiff's person; (d) she operated the automobile without due regard for the rights, safety, well being, and position of Plaintiff's person under the aforesaid circumstances; (e) she operated the automobile in violation of the ordinances of the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles on the public highways, which conduct constitutes negligence as a matter oflaw; (f) she failed to maintain an assured clear distance between her and the Plaintiff; and (g) such other acts of negligence, carelessness and recklessness as may be determined through the process of discovery and/or at trial. 12. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff sustained severe injuries to the muscles, tendons, connective tissues, skin, and bones, including but not limited to cervical, rib and thoracic strains, and scarring on her leflleg. 13. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff has suffered, and will suffer in the future, great pain, agony, and inconvenience. 14. As a direct and proximate result ofthe collision and Defendant's negligent and reckless conduct, Plaintiff has incurred expenses for medical treatment and physical therapy. 15. Defendant Linda Olsen is liable for Plaintiff's injuries described herein, inasmuch as Plaintiff's injuries are the direct and proximate result of Defendant's negligence and recklessness as set forth. 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, interest and attorney's fees. Respectfully submitted, q-'S-D~ Date Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW No. VIRGINIA GREEN, Plaintiff, LINDA OLSEN, Defendants JURY TRIAL DEMANDED 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 a phone conversation with his client and due to his client being out of the jurisdiction at the time of signing and filing, that this statement is made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904, relating to unsworn falsification to authorities. Virginia Green is outside the jurisdiction of the Court and cannot be obtained within the time allowed for filing of the within Complaint. Mark F. Bayley, Esquire Attorney for Plaintiff Date: September 15, 2003 p 1-'i ~ ~ w (}J ....) C> '----.J 6"' ~ o Crt o ~ g "-'-- r', r:--, {} ) -,I ( :./) ,., J '(ft"" S': I" ' f__ 'J -. t..U .-:-< € F:\FILES\DA T AFILE\Travelers3090IDocumentsI794.app\mai Created 1O/20/038:44AM Revised: 10/20/03 8:50AM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA GREEN, v. CIVIL ACTION - LAW NO. 03-4872-CV LINDA OLSEN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. Attorneys for Defendant Dated: October 20, 2003 CERTIFICATE OF SERVICE I, Marti Then, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff MARTS ON DEARDORFF WILLIAMS & OTTO BY~h'~ Marti Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 20, 2003 () 0 c: ,~ i=j ,-:> -D ;--, U-, _o-i .,-..- 1',...) ... ,< ('-' "'-, -~', r;..: . , ~~ "'. , "-:-" :~J ," "' ",-. r.- :~ , ::J -< VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Virginia Green, by her attorney, Mark F. Bayley, Esquire, and hereby responds to Defendant's New Matter as follows: 16. No response is required. 17. Conclusion oflaw; no response is required. 18. Denied. Plaintiff or her representatives had no insurance at the time of the accident. 19. Denied. Plaintiffs injuries do involve serious impairment of bodily function and/or permanent disfigurement. 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, interest and attorney's fees. Respectfully submitted, \ \.. zo-o 3 ~I"~", 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Date VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants JURY TRIAL DEMANDED 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 a phone conversation with his client and due to his client being out of the jurisdiction at the time of signing and filing, that this statement is made subject to the penalties of 18 Pa. Cons. Stat. S4904, relating to unsworn falsification to authorities. Virginia Green is outside the jurisdiction of the Court and cannot be obtained within the time allowed for filing of the within Complaint. Date: ll- ZO -03. Mark F. Bayley, uire Attorney for Plaintiff VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for, Plaintiff, Virginia Green, do hereby certifY that I this day served a copy of the Plaintiff's Answer To Defendant's New Matter upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Dated: l \ - ZO- 0"3> ~ Mark F. Bayley, Esquire Attorney for Plaintiff (") s.;; -ur::" ~~:; ~ i' t:: r:'~ \_: ?c:c L - );. 5;~~ =2 ,...., <,.t ., C) ~,-? >C) ),n '^, '" ":' :::J -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN VIRGINIA VS OLSEN LINDA 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: OLSEN LINDA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 17th, 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 37.28 .00 74.28 11/17/2003 ROMINGER & BAYLEY so. an~:~/ /~~ ~~~~,~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /'1 day of f~. 1)..._ do_:1I A.D. ~~. tv.. ~ ~ 1._ -~ - ~~ {j ""1~tflOnota;';r-? '~'"I ''''I., .,.'".... .""~, ."._. ..., .,,,,.........,,,... " ",,'"'1'-' ....."~""'.._"'~...._'I""".....'..._..~,, ',....:""" ..~'""""!", .'...... ,."....~...~"l"'!~, ,,' ""'~""J"'"'n"''''''"'.'r'."''''''''''''' "'" .. 'f ;41/8 :sf FlrNTO <,e..)DIO <j'Te0f4/'Cie<4_ 4 en! ~r.c&~tS- Ie J C...) COUNTY OF YORK OFFICE OF THE SHERIFF "''''''~r''II!l''T' ,,_, r~ -,. T-.J-'- (0 II SERVICE CALL (717) 771.9601 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/SI Virginia Green 3. DEFENDANTISI Linda Olsen Notice & ComplaiSot SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ~ Linda Olsen ..". 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORa, TWP., STATE AND ZIP CODE) AT 204 Stephanie Drive, Dillsburg, PA 17019 7. INDICATE SERV'~E: 0 PERSONAL 0 PERSON IN CHARGE ::J DEPUTIZE 9-'1~h~~nnd U 1ST CLASS MAIL :.J POSTED ':.J OTHER NOW 9/18/03 ,20 I, SHERIFF OF-"'-COUNTY, PA, do hereby deputize the sheriff of . .. York ~ COUNTY to execule ~~~tr~ke return th r cording to law. This deputlzatlon being made at the request and rrsk of the plaintiff. .r" ;'-:::"c"';,'">"O~r_" SH~F~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 0 UT OIF ~O ~NTY CUHBERLAND 2. COURT NUMBER 2003-4872 Civil 4. TYPE OF WRIT OR COMPLAINT ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE HARK BAYLEY 155S. HANOVER ST. CARLISLE, PA 17013 110. TELEPHONE NUMBER 111. DATE FILED 241-6070 9-16-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUHBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13.laCknOWledgereceiPtOfthewrit:Y:: 114. DATE RECEIVED A5' Expirtion/HearingDate o'complaintas indicated abe,e. R. AHRENS 9- 2 2 - 03 II~ /63 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER { SEE REMARKS BELOW 17. 0 'hereby certify and return a NOT FOUND because I am unable to locatethe~~" I, company, etc. name above. (See remarks be~') tAMr-~TITLE OF INMU~RVED I LIST ADD~SS HERE IF NOT H ABOVE (Relationship ~e~t)f.~ 119. DalO'Sfice 120. Time of Service II-~\{".ULL'~ (g~[3"''''iJl . (:~f) ~~,l) i {(I) a. 63 la\"?ld f ,. ATTEMPTS I Date I TIme I ~I'nt I Date I TIme I Miles lint I Date me ~i1es lint I Date I TIme I Miles Int 0 e I TIme I Mile l,n'l Date 1 TIme I Miles lint 22. REMARKS: v,1"?" +\e 231~~~c~c;ts 12~ ;feN~~c~stSI25 N1T~ ;';a9; r posffigel;8~ :Ub~ctal 129 Pound I ;7 N~a~ 13t Suroh9 ~23 ;t.~S;~33 ~s;~~~~ 34. FOreigfr-...llntyr:nstA 35 Ad~anceCosts 136 Service Costs 137 NotaryCert f38 M1leage/Posted/NotFound 139. Total Costs j40. Costs Due or Refund NO ARIAl -SEAL M~LI,::);::'A J. ::i. IAf-FER N.Q~ry Publle ~SWERS 41.AFFIR EDand~~~K>,~I~ffi1t,{y ~--r C.J ~ I 42. day 01 ~1'l,,~'onEx.p.!~~1i-'2D , . ~_ ( ' \. ~ 44~7.IJD JE~ 03 ... mOT It OTARY . . . HOSE ~~ 10-27-03 49. DATE 151. DATE RECEIVED 1. WHITE -Issuing Authority 2. PINK- Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office F:\FlLES\DA T AFILE\TravelersJ090\Documents\794.anslmai Created: 10117/0J 4:20PM Revised: 10/JO/OJ 854AM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA GREEN, v. CIVIL ACTION - LAW NO. 03-4872-CV LINDA OLSEN, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: VIRGINIA GREEN, Plaintiff, and her attorney, MARK F. BAYLEY, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Linda Olsen, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiffs Complaint as follows: I. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that on or about September 20, 2001, at approximately 7 :30 a.m., Defendant Linda Olsen was operating her automobile on a public roadway in Carlisle, Pennsylvania. The remaining averments are denied. At that time, Defendant Olsen had just exited Interstate 81 South at the College Street Exit, and she was attempting to merge to the right to proceed on Walnut Bottom Road towards Carlisle. After checking for oncoming traffic, she began to pull out onto Walnut Bottom Road when the front of her vehicle was struck by the Plaintiff s bicycle. 4. Denied. To the contrary, Plaintiff was not exercising due care as she was riding her bicycle in the face of oncoming traffic and in fact, proceeded directly into Defendant's vehicle as Defendant attempted to enter Walnut Bottom Road. 5. Denied pursuant to Pa. RC.P. 1029(e). 6. Denied pursuant to Pa. RC.P. 1029(e). 7. Denied pursuant to Pa. RC.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). COUNT I N e!!li!!ence 9. The averments of paragraphs 1 through 8 are hereby incorporated by reference. 10. Admitted. lla-f. Denied pursuant to Pa. R.C.P. 1029(e). llg. Deleted by Stipulation. 12. Denied pursuant to Pa. RC.P. 1029(e). 13. Denied pursuant to Pa. RC.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, Defendant requests judgment in her favor and dismissal of Plaintiffs Complaint with prejudice. NEW MATTER 16. The averments of paragraphs 1 through 15 of this Answer are incorporated herein by reference. 17. The Plaintiff s recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 18. Plaintiff or her representatives chose the limited tort option by signing a valid selection form. 19. Plaintiffs injuries do not involve death, serious impairment of bodily function or permanent disfigurement. WHEREFORE, Defendant demands judgment in hislher favor and dismissal of Plaintiffs Complaint with prejudice. M.reJ / f; dM Y Date: Qctoh"T 11\-2e03 By Ge. ge B. Faller, Jr LD. Number 4981 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant WILLIAMS & OTTO VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Lin~~ }.~ CERTIFICATE OF SERVICE I, Marti Then, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer With New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff MARTS;rORFF WlLLIAMJl & OTIO By ~ -/;[o~ Marti Then Ten East High Street Carlisle, P A 17013 (717) 243-3341 mox~A 1& ()...DLJt Dated:..9dub"I 36, 2003 J 0 ,..-> 0 c~" C c::J -11 " -"" .--\ -- -- :1:. ~, -/"" p"\ r:-.:'; :;<; -n Ii' - :c?l~i 0' --C \:~~ .{~ t;? ~:_') \1"\ , .t'"" ."~J -' -'- F:\FILESIDA T AFILE\Travelm3090\CurremI794.orderl Created: 8/26/04 3:01PM Revised: 8/26/04 3'22PM 3090.794 VIRGINIA GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-4872-CV LINDA OLSEN, Defendant JURY TRIAL DEMANDED It' ORDER AND NOW, thiS~ day of August, 2004, the appointment of the Board of Arbitrators previously entered is hereby vacated. Payment shall be made to Dale F. Shughart, Jr., Esquire, who was the chairman, in accordance with the Cumberland County Rules of Civil Procedure. PJ. /Mt~~ fz-,(4~ )~:f A7'11 I?o~ ~f-13 ~, ~'I ~~ ,rr .ffY1.A..Jd. 9- 01 -0 'f C)-v 'ViN\:iI\U\~,N'\{3d }J.I'\\f1C:':\ ni.i\".f,::rii'4(\:) Z 11 .t: \Ad \ ~ ~{\~ ~~nl ~'o'V'lONOI-UO'dd 3\-\l :lO 3~\:B()-<B1\:l VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants PETITION FOR LEAVE TO WITHDRAW Mark F. Bayley, Esquire, hereby petitions the Court for Leave to Withdraw as Counsel for the Plaintiff in the above-captioned matter. In support ofthis Petition, Petitioner avers the following: 1. Plaintiff was struck by Defendant, and injured, while she was riding her bicycle along Walnut Bottom Road on September 20, 2001. 2. On July 2, 2002, Plaintiff retained the undersigned counsel for representation regarding her potential claim against Defendant. 3. Plaintiff commenced the above-captioned dvil action by complaint filed on September 16,2003. 4. George B. Faller, Esquire, entered his apptlarance on behalf of Defendant on October 20,2003. 5. Plaintiff moved out of the state in the fall of 2003. 6. Plaintiffs undersigned counsel engaged in discovery and prepared for depositions that were to be held in January of2004. 7. Plaintiff could not be reached and she failed to make herself available; as a result, no depositions were held. 8. The case was scheduled for Arbitration for June 15, 2004. 9. Notice of the Arbitration was sent to Plaintiff at her last known address. 10. Plaintiff had moved, without notifying her undersigned counsel, and the notice was returned without forwarding information. 11. The Arbitration was cancelled after it was dear that Plaintiff would not show. 12. Plaintiff has without any explanation whatsoever, failed to contact her undersigned counselor otherwise cooperate in the litigation of her case since March 2004. 13. Plaintiff's counsel has attempted repeatedly to contact her in writing and by telephone to no avail. 14. The Pennsylvania Rules of Professional Conduct Rule 1.l6(b)(4)(5) provide that an attorney can withdraw from the representation of a client if the client substantially fails to fulfill an obligation to the lawyer. After reasonable warning, the attorney will withdraw the representation if it has been nmdered unreasonably difficult by the client, or other good cause for withdrawal exists. 15. Plaintiff's counsel submits that reasonable steps have been taken to secure Plaintiff s cooperation in this action to no avail and that good cause exists for his withdrawal. 16. Up to the point ofthe filing of this Petition, Plaintiffs counsel has protected the rights of Plaintiff and she will not be unduly prejudiced by the withdrawal of Mark F. Bayley, Esquire, as this matter has not been assigned to an individual judge, there are no motions or discovery orders outstanding. WHEREFORE, Plaintiff's counsel respectfully requests this Honorable Court to issue an order granting Mark F. Bayley and the law firm of Rominger, Bayley and Whare to withdraw as counsel for Plaintiff, Virginia Green, in the above-captioned civil action and issue a 60 day stay of all proceedings in this action from service of the Court's order granting withdrawal.' Respe:ctfully submitted, ROMINGER, BAYLEY & WHARE l()-7-0~1 Date Mark F. Bayley, Es 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supn:me Court ID # 87663 Petitioner VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants VERIFICATION I, Mark F. Bayley, Esquire, verify that I am the petitioner and that the statements made in the foregoing Petition 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. MelD -1-0~ kM5 VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the Petition for Leave to Withdraw upon the following by de:positing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Virginia Green 804 E. Southline Road Tuscola, IL 61953 George Faller, Jr. 10 East High Street Carlisle, P A 17013 DO, \0-1-01) 1~ 155 S. Hanover Street Carliisle, P A 17013 (717) 241-6070 Supreme Court J.D. # 87663 ...., C:? c) ~~ -n C:) C) .....; I Q;) -'I" -.. en GJ' , . ocr 1 1 2004 ( (; VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants ORDER OF COURT AND NOW, this I~ay of ()~ , 2004, upon consideration of the within Petition, Mark F. Bayley, Esquire, and the law firm of Rominger, Bayley & Whare are hereby granted leave to withdraw as counsel to Plaintiff, Virginia Green, in the above captioned case. J. Distribution: vM"ark F. Bayley, Esquire ~eorge B. Faller, Jr. .)ffrginia Green, at last known address ()4 \cr\~' ... S \1: 11 .\1.1 :"~ ;j ,) I (1. 1 'il] hrn7 J."-".' 'lUlJ'J Jr, ..>-' VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for the Plaintiff, Virginia Green, in the above captioned case. (Attached is the October 18, 2004 Order authorizing said withdraw.) Date:[O~2Z -Oll ~. --. '. -... t" ' " . '. j) ~~'tt~rL,;;-,'Z)/!q lo~ VIRGINIA GREEN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 03-4872 CIVIL TERM LINDA OLSEN, Defendants ORDER OF COUR1: AND NOW, this I~ay of oe11;A, _,2004, upon consideration of the within Petition, Mark F. Bayley, Esquire, and the law firm of Rominger, Bayley & Whare are hereby granted leave to withdraw as counsel to Plaintiff, Virginia Green, in the above captioned case. c J. Distribution: Mark F. Bayley, Esquire George B. Faller, Jr. Virginia Green, at last known address ~ ~......:) c-_:~) ~:.::co C) -iJ .::-> '- -1 I'....' N n_! ~T-: ,n C,,) -,-- -' VIRGINIA GREEN, pro se Plaintiff , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA NO. 03 CIVIL 4872 v. LINDA OLSEN, Defendant. RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO TIlE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire respectfully represents that: 1. The abo-ve-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ not in excess The counte(t:laim of the defendant in the action is N / A , counsel for the p)aintiff/dl~fendant in the above action (or actions), of $25,000 The following attorneys are interested in the case(s) as counsel ot are othetwlse disqualified to sit as arbitrators: Mark F. Bayley, Esquire, 155 S. Hanover Street, Carlise, PA 17013 WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 2~f.. ORDEROFCOURTLD. Number 4981/J1 Esquire AND NOW, . 19_. in. consideration of the Esq." , Esq.. are appointed arbitrators in the above captioned action (or foregoing petition. Esq.. and actions) as prayed for. By the Court, PJ. ,~ ~ ~ ~ ~ '\\ ~ f\ ~ l\ ~ & \ ~ ~ o r ::-:;;; -,.. -~.... ",::,'~ c ' ;;~:: ~": ; -7, . (?;:. " rS 1: . s;: ~~~ ~~ -< '" = "= c.n "- ;;boo Z I 0"1 ~ :i! m:JJ ;ggj 06 :t-rl ():D -- c- ~rr{ ,....) --" )> :r:; -< v ::x ~ U1 U1 VIRGINIA GREEN, pro se Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 CIVIL 4872 " v. LINDA OLSEN, Defendant. RULE 13:12-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETlTlON FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire ,counsel for the plaintiff/defendant in the above action (or actions), respectfully represents tbat: 1. The aboVlXlIt'tioned action (or actions) is (are) at issue. 0 . .. .. $ not in excess of $25,00 2. The claim oUhe plamtlff m the sctton IS . The counter:claim of the defendant in the action is N I A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sIt as arbitrators: Mark F. Bayley, Esquire, 155 S. Hanover Street, Carlise, PA 17013 WHEREFORE, your petitioner prays your Honorable COUIt to appoint three (3) arbitrators to whom the case shall be submitted. 1l@f. '"u'" ORDER OF COURTI.D. Number 4981/J1 . t9~ consideration Ofth Esq., tb k J ra:l/JI'L Esq.. and actions) as pra e for. . Esq., are appointed arbitrators in the above captioned action (or PJ. 7\\)\ \:) p ...., = 0 ~ '- = , ";'-"," c.n ., ~ -, '- :;:l ;po & 2 mIl r ~ I ""Um 0"> ::09 ,,,", q \ :=;c> v ,--r, ~ (' =c ;:-":;;:0 ;:~(') ~ C' ~ ~:.)m ~ ..-.,. "':... ~''i ~ ~ U1 ):,.. ~ -< ;;:; CJ1 .< 61 :2 Hd Z I N'JrsOOZ AU';i~LOi\;O:""lJ_O~~Jd 3Hl .:10 3~)ij:!o-G311::J I)l~~ ~~ff ~k(Q~ In The Court of Common Pleas of Cumber and County, Pennsylvania No. 0.3 - 7;;J-c.V Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of e United States and the Constitution of this Commonwealth and that we will discharge the duties of ou with fidelity. Si~~~ ~bj 'j) We.ej(S Name 7(Charrman) ~ \(. w.. '\Lr Signature ---1:Ir ,,.. k: IJ..a ,..... Name UCkoL_ T 'FJt.~4 r Name Law Finn Law Finn RSo.<<-.t- K'u.iUtlf Law Firm I 0 W<./J't Uf- 'f Address ~N ". 32,.}.... sr, Address 30 S~ ~ Address ~~ City, P-- (101;' Zip ~? City, ....l.... p~ lroll Zip tar/; S'u. City, /70 3 Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), mal(e th following award: (Note: If damages for delay are awarded, they shall be separately stat d.) , . ~ IF.;;) ~o ~ Q4 Date of Hearing: >l--.;) I -oS'" Date of Award: 4-..)1 'O~ . Arbitrator, dissents. (Insert name if a plicable.) ~ c--~ ~'L< )~~,.M- (Chairman) II~ ti ..J....r . "d'/~" /UAJ ~A . I. ----..;;lj' Notice of Entry of Award Now, the ';';1 dayof c.?CJA.-' ,20 D.l/,at/ft'::J7 ,&-.M.,theaboveaw dwas entered upon the docket and notice th~reof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ c:(""i () - f~~ Prothonotary By ~U.~ ljLLAlf eputy ~~. ~ 0 ~ -i'1 _"'?' -4 ::~:J ::r:--r -;;:,0 P1r: r:2 ~~19 -~, l....' --,,-,-j-, ,. -,~ ~E -:1'''-/ ~_ ~;~;r";i ~_:;':. 01 ::..\ :}. c.J' :?!:1 _" -J .-<. ~ t t 1t?J ~ ~t>>. ~ \ ~ - -A ........ ~~ -S )' ...... .,.. .,; . . ~\. : :..' ~ ~ F; \FlLES\DA T AFlLE\Travelers3090\Current\794\ 794. pral \roam Created: 9/20104 0:06PM Revised: 6/7/05 2:30PM 3090.794 VIRGINIA GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 03-4872-CV LINDA OLSEN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Kindly mark the above-captioned Arbitrators' A ward satisfied. Date: 'j- I) - O~ ,~ () ~ ~... -orL: fTi jl, 2"{'- OJ} -<.' ~c %Z:~, J>C -/ 2 r--> ~ ~ G"> - cJ'\ Q. %:p ...,h:1 6~ ~~. :~\ c.:>-- .",9, ':51" :=ct ..". :Q ~ '-P. .r;- c:>