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HomeMy WebLinkAbout07-7535Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 7n3.5 CIVIL ACTION - LAW EUGENIA DILLARD and GEORGE DILLARD, individually and as husband and wife 1940B Fry Loop Avenue Carlisle, Pa 17013 Plaintiff(s)& Address(es) BARBARA STODTER and DEAN STODTER, individually and as husband and wife 592 Craig Road Carlisle, Pa 17013 Defendant(s) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the above named Defendants. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Dated: Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs J. Laff ,qVj 389020-1 ? ? ? "? -6? 00 ? ? ca p O ? yu .?j O ? D ? .?:. ? ' t -- •.,t V'1 ? .?'? .' ?., 3C '? W •. 0 --t © ?C' Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 17536 CIVIL ACTION - LAW EUGENIA DILLARD and GEORGE DILLARD, individually and as husband and wife 1940B Fry Loop Avenue Carlisle, Pa 17013 Plaintiff(s)& Address(es) BARBARA STODTER and DEAN STODTER, individually and as husband and wife 592 Craig Road : Carlisle, Pa 17013 Defendant(s) Address(es) JURY TRIAL DEMANDED TO: BARBARA STODTER 592 Craig Road Carlisle, PA 17013 DEAN STODTER 592 Craig Road Carlsile, PA 17013 WRIT OF SUMMONS You are hereby notified that the above named Plaintiffs, Eugenia Dillard and George Dillard have commenced an action against you. By Prothonotary of Cumberland County Dated:_ Ij S 389020-1 r .. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STODTER BARBARA the DEFENDANT at ROOT HALL at 1546:00 HOURS, on the 3rd day of January , 2008 US ARMY WAR COLLEGE CARLISLE, PA 17013 by handing to DEAN STODTER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ///o/D f ?), 18.00 4.80 .00 10.00 00 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/04/2008 METZGER WICKERSHAM By. Z _ Deputy eriff A. D. 0r M CASE NO: 2007-07535 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STODTER DEAN the DEFENDANT at 1546:00 HOURS, on the 3rd day of January , 2008 at ROOT HALL US ARMY WAR COLLEGE CARLISLE, PA 17013 DEAN STODTER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 ? 16.0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/04/2008 METZGER WICKERSHAM By: ( 7 r Deputy Sheriff A. D. Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd B. Narvol, Esquire, Marc A. Moyer, Esquire, and Thomas, Thomas & Hafer LLP, 305 North Front Street, 6th Floor, Post Office Box 999, Harrisburg, PA 17108, on behalf of Defendant Dean Stodter. We are authorized to accept service of all documents in this matter. submitted, Dated: January 14, 2007 Todd A. Nart ol, squire Attorney I.D. o. 42136 Marc A. Mo r, Esquire Attorney I.D. No. 76434 THOMAS, THOMAS & HAFER LLP 305 North Front Street, 6 h Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendant Dean Stodter r A CERTIFICATE OF SERVICE On this 16th day of January 2008, I, Kristine Hendrix, a paralegal, with the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 ? YLf O?ic-. Kri tine Hendrix 560256.1 C? ?r:? ?:_.., ? ?. o: ? , .-a „-ate ?? ? Y? ?- fJ +r?-s ?.y. ?1 'i f?y v_. . i _. c- .. , ?" ?- ; 3 I r-' ? , ?' ..? Ey'z It Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and : GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and : DEAN STODTER, Individually and as : Husband and Wife, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd B. Narvol, Esquire, Marc A. Moyer, Esquire, and Thomas, Thomas & Hafer LLP, 305 North Front Street, 6th Floor, Post Office Box 999, Harrisburg, PA 17108, on behalf of Defendant Barbara Stodter. We are not authorized to accept service of original process in this matter. y Dated: January 16, 2007 Todd B. ol, Esquire Attorn D. No. 42136 Marc . Moyer, Esquire Attey I.D. No. 76434 THOMAS, THOMAS & HAFER LLP 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendant Barbara Stodter w CERTIFICATE OF SERVICE On this 16'' day of January 2008, I, Kristine Hendrix, a paralegal, with the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Kri tine Hendrix 560256.1 ?r, c r' r •--? ,:a. `c`A' Cx7 . ,- t: . y,3..?1 ?.?7 ?? ":.'? C °, L,, Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs CIVIL ACTION - LAW : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants Barbara Stodter and Dean Stodter, certify that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each parry prior to the date on which the subpoena is sought to be served. 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate at Exhibit A. 3. The subpoena which will be served is identical to the subpoena attached to the Notice of Intent. 4. Plaintiffs and Defendants have agreed to waive the twenty-day requirement and have no objection to the service of the subpoena. THOMAS, THOMAS & HAFER, LLP r Dated: February 7, 2008 Todd B/Narvol, squire Attorney I.D. Nfi. 42136 Marc A. Moy , Esquire Attorney No. 76434 THOMAS, THOMAS & HAFER LLP 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendants Barbara Stodter and Dean Stodter 567457-1 2 6?z k? ?, + Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street Y.O. Box 999 (717) 237-7133 - direct tnarvol a tthlaw.com (717) 441-3960 - direct mmoyer n tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs CIVIL ACTION - LAW NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Barbara Stodter and Dean Stodter, Individually and as Husband and Wife, intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted: #ate Na_? //4L Marc A. Moyer; Esquire Attorney I.D. 4 76434 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Phone: (717) 441-7060 E-Mail: mmoyer@tthlaw.com Date: February 6, 2008 Counsel for Defendants Appendix A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Police Department, 240 Lincoln Street, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the file regarding Incident No. 20051200844 (12/22/05 accident on the 100 block of N Spring, Garden Street, Carlisle Pennsylvania involving a 1995 white Dodge Minivan driven by Barbara Stodter and a 1995 Honda Coup operated by Eugena Dillard) including but not limited to any and all police crash reporting forms, exhibits or attachments to the police crash reporting forms photographs, audiotapes videotqpes notes memoranda witness statements citations etc. and any and all documents reports photographs videotapes etc pertaining to snow and ice at the accident scene on Spring Garden Street as reported in the Police Report for Incident No. 20051200844; Crash No. F0005909 at: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I do hereby certify that on this 6t1i day of February, 2008, I, Kristine Hendrix, a paralegal with Thomas, Thomas & Hafer, LLP, served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 via facsimile and United States First Class Mail to the below-listed individuals: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Kristine Hendrix 567047-1 2 CERTIFICATE OF SERVICE On this 7th day of February 2008, I, Kristine Hendrix, a paralegal, with the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Kristine Hendrix C'? +v CZ) -« . Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs : CIVIL ACTION - LAW : NO. 07-7535 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiffs to file a Complaint against Defendants within twenty (20) days or suffer judgment of non pros. Dated: February 12, 2008 Todd B. N ol, Esquire Marc A. j oyer, Esquire R TO: Eugenia Dillard and George Dillard, Plaintiffs c/o Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 You are hereby directed to file a Complaint against Defendants within twenty (20) days of service of this Rule or suffer judgment of non pros. Id " 2. &m rothonotary Dated: February Ae, 2008 By: CERTIFICATE OF SERVICE On this 12'h day of February 2008, I, Kristine Hendrix, a paralegal, with the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE AND RULE TO FILE COMPLAINT upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 568633.1 t 14 /e? store Hendrix 10 Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD IN THE COURT OF COMMON PLEAS and GEORGE DILLARD, CUMBERLAND COUNTY, PENNSYLVANIA individually and as husband and wife Plaintiff(s) CIVIL ACTION - LAW vs. BARBARA STODTER and DEAN STODTER, individually and as husband and wife, NO. 07-7535 JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Barbara Stodter and Dean Stodter 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 Plaintiffs. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 392766-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 392766-1 Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD IN THE COURT OF COMMON PLEAS and GEORGE DILLARD, CUMBERLAND COUNTY, PENNSYLVANIA individually and as husband and wife CIVIL ACTION - LAW Plaintiff(s) vs. NO. 07-7535 BARBARA STODTER and DEAN STODTER, individually and as husband and wife, JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Eugenia Dillard and George Dillard, by and through their attorney, Metzger, Wickersham, Knauss & Erb, P.C., and respectfully represents the following: 1. Plaintiffs, Eugenia Dillard and George Dillard are adult individuals, who currently reside at 1940B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Barbara Stodter and Dean Stodter are adult individuals residing at 592 Craig Road, Carlisle, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth occurred on December 22, 2005, at or about 9:10 p.m. at or near North Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Eugenia Dillard was the operator of a 392766-1 1995 Honda bearing Pennsylvania License Plate No. DFJ8075 which was owned by Plaintiff George Dillard. 5. At the aforesaid time and place, Defendant Barbara Stodter was the operator of a 1998 Dodge bearing Oklahoma License Plate No. 328EHB which was owned by Barbara Stodter. 6. On the aforesaid time and place, Plaintiff Eugenia Dillard was traveling on North Spring Garden Street in Carlisle, Pennsylvania and had slowed her vehicle in caution of the snow covered roadway. 7. On the aforesaid time and place, Defendant Barbara Stodter was traveling directly behind Plaintiff. 8. At the aforesaid time and date, Defendant failed to slow her vehicle and violently struck the rear of Plaintiff's vehicle. 9. As a result of the aforesaid accident and collision, Plaintiff, Eugenia Dillard, sustained various personal injures including, but not limited to, , left paracentral disc bulge at T7- T8 level, left lower mid thoracic pain, thoracic-lumbar sprain, rib dysfunction secondary to thoracic herniations at T7-T8, occasional radicular symptoms, thoracic paraspinal spasm, left thoracic radiculopathy, thoracic tenderness, burning of the thighs and legs, headaches, pain when breathing, blurred vision, pain in sitting and standing, muscle spasms, back pain, sprain ribs, rib pain, and other injuries. 10. As a result of the aforesaid accident and collision, Plaintiff, Eugenia Dillard, has incurred various medical expenses for physicians, medical supplies, medication, therapy, and other medical treatment, and she will in the future continue to incur such medical expenses. 392766-1 11. As a result of the aforesaid accident and injuries, Plaintiff, Eugenia Dillard has undergone emotional and mental distress and anguish, embarrassment, and humiliation, and will in the future continue to undergo such mental distress, anguish, embarrassment, and humiliation. 12. As a result of the aforesaid accident and injuries, Plaintiff, Eugenia Dillard, has undergone much pain, suffering, inconvenience, loss of enjoyment of life, and loss of life's pleasures, and will in the future continue to suffer such losses. 13. As a result of the aforesaid accident and injuries, Plaintiff, Eugenia Dillard continues to suffer from residual problems from all of her injuries. COUNTI Eueenia Dillard vs. Barbara Stodter and Dean Stodter 14. Proceeding paragraphs 1 through 13 are incorporated herein by reference and made a part hereof. 15. The collision occurred solely as a result of the negligence, carelessness, and recklessness of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 16. Defendant owed a duty to operate her vehicle in such a way as to not cause harm or damage to other persons and to the Plaintiff in particular. 17. The negligence, carelessness and recklessness of the Defendant consisted of the following: (a) Failing to slow or stop the vehicle she was operating so as to avoid a rear-end collision; (b) In operating the vehicle at an excessive rate of speed under the circumstances; (c) Operating her vehicle in careless disregard for the safety of persons and/or property; 392766-1 (d) Operating her vehicle in reckless disregard for the safety of persons and/or property; (e) Following too closely; (f) In failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid a collision with the rear of the vehicle in front of her; (g) Driving at a speed greater than is reasonable and prudent under the conditions and not having regard for the actual and potential hazards then existing and at a speed greater than will permit her to have brought her vehicle to a stop within the assured clear distance ahead; (h) In failing to give warning to Plaintiff Eugenia Dillard of her impending collision with the vehicle in front of her; (i) In failing to observe vehicles on the roadway; (j) In failing to operate her vehicle in accordance with existing traffic conditions; (k) In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; (1) In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (m) In failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (n) Otherwise operating her vehicle at an unsafe speed; and (o) Rear ending the vehicle in front of her. 18. Defendants, Barbara Stodter and Dean Stodter are liable to Plaintiff for all of those damages sustained by Plaintiff, as set forth in the preceding paragraphs. 392766-1 WHEREFORE, Plaintiff, Eugenia Dillard, demands judgment against Defendants, Barbara Stodter and Dean Stodter, in an amount exceeding that requiring submission to compulsory arbitration, plus costs. COUNT II George Dillard v. Barbara Stodter and Dean Stodter 19. Proceeding paragraphs 1 through 18 are incorporated herein by reference and made a part hereof. 20. By reason of the accident and injuries to his wife, Plaintiff George Dillard has suffered a loss of companionship, loss of services, loss of society, and loss of consortium, and he will in the future continue to suffer such losses. 21. Defendants Barbara Stodter and Dean Stodter are liable for Plaintiff's losses. WHEREFORE, Plaintiff, George Dillard, demands judgment against Defendants, Barbara Stodter and Dean Stodter, in an amount exceeding that requiring submission to compulsory arbitration, plus costs. I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: /?Q / r Attorney for Plaintiffs METZGER, WIC HAM, KNAUSS & ERB, P.C. By Fr cis J. Laff y, quire 392766-1 CERTIFICATE OF SERVICE I, Melanie L. Kirk, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Barbara Stodter and Dean Stodter c/o Marc Moyer, Esquire THOMAS, THOMAS & HAFER 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: l7 By: A16Z? elanie L. 392766-1 ?' ? ? cX ?.? -? ? ?" ... ? ? ?? N . C.j ,. ?,.. Q ' ? <'?.? r-, , _ ,.. , ?_ . ? ; -r, ? ? ? :? Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD IN THE COURT OF COMMON PLEAS and GEORGE DILLARD, CUMBERLAND COUNTY, PENNSYLVANIA individually and as husband and wife CIVIL ACTION - LAW Plaintiff(s) vs. NO. 07-7535 BARBARA STODTER and DEAN STODTER, individually and as husband and wife, JURY TRIAL DEMANDED JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for the Verification of counsel on Plaintiffs' Complaint. METZGER, WIC, AUSS & ERB, P.C. By: Fr is J. Laffe , IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 Q IGI ?? (717) 238-8187 Dated: % l l Attorneys for Plaintiffs 393122-1 .. s VERIFICATION I, Eugenia Dillard hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the Complaint is that of counsel and not of my own. I have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. I :? D, '?& Dated: Eugeni illard 392766-1 VERIFICATION I, George Dillard hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the Complaint is that of counsel and not of my own. I have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: George Dillard 392766-1 _ f rn ? N it Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLAR.D, Individually and as Husband and Wife Plaintiffs V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants CIVIL ACTION - LAW : NO. 07-7535 JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS BARBARA STODTER AND DEAN STODTER TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants Barbara Stodter and Dean Stodter, by and through their counsel, Thomas, Thomas & Hafer, LLP, and file Preliminary Objections to Plaintiffs' Complaint and, in support thereof, aver as follows: 1. BACKGROUND AND PROCEDURAL HISTORY 1. This is a negligence action seeking monetary damages for personal injuries purportedly experienced by Plaintiff, Eugene Dillard arising out of an automobile accident which occurred on December 22, 2005 on North Spring Garden Street, Carlisle, PA. 2. Plaintiff initiated this action through the filing of a Writ of Summons against Barbara and Dean Stodter, individually and as husband and wife, on or about December 17, 2007. Exhibit "A". 3. Plaintiffs attempted to serve Defendants Barbara Stodter and Dean Stodter by commissioning the services of the Cumberland County Sheriff's Office. 4. Rather than attempting to serve Defendants at the address identified on the Writ of Summons, or at the address identified in Plaintiffs' Complaint, the Cumberland County Sheriff's Return of Service indicates that on January 3, 2008, Deputy Sheriff William Cline attempted to serve Dean and Barbara Stodter by handing copies of the Writs of Summons to Dean Stodter who was identified on the Return of Service as the "adult in charge" of Root Hall located on the grounds of the United States Army War College. See Sheriff's Returns, Exhibit "B" 5. On February 12, 2008, Defendants served Plaintiffs with a Rule to File a Complaint. 6. Plaintiffs, thereafter, filed their Complaint on February 20, 2008. Exhibit "C". 7. Plaintiffs' two-count Complaint asserts a cause of action against Defendants Barbara and Dean Stodter based solely upon the alleged negligence of Barbara Stodter as the operator of one of the automobile involved in the December 22, 2005 automobile accident. 8. Plaintiffs' Complaint also asserts a claim for loss of consortium by Plaintiff George Dillard based upon the injuries allegedly experienced by his wife, Eugenia Dillard. 9. For the reasons set forth herein, Defendants are filing Preliminary Objections to Plaintiffs' Complaint based upon improper service/lack of personal jurisdiction upon/over Defendant Barbara Stodter. Defendant Dean Stodter also files a Preliminary Objection to Plaintiffs' Complaint on the ground that Plaintiffs' Complaint fails to assert any facts capable of supporting a claim for negligence. 2 II. LACK OF PERSONAL JURISDICTION/IMPROPER SERVICE OF ORIGINAL PROCESS UPON DEFENDANT BARBARA STODTER. 10. Preliminary objections may be asserted based upon lack of personal jurisdiction over a defendant. Pa. R. Civ. P. 1028(a)(1). 11. A defendant must be provided with proper notice whenever an action has been initiated against him/her. McCreesh v. City of Philadelphia, 585 Pa. 211, 888 A.2d 664 (2005). To that end, the Pennsylvania Rules of Civil Procedure govern the service of original process so as to ensure that proper notice is provided to a defendant. See Pa. R. Civ. P. 400-430. Specifically, Rules 400 and 400.1 designate who may make service. Rule 402 provides for the manner of service. 12. Because service of process is the mechanism by which a court obtains jurisdiction over a defendant, the rules governing service of process are to be strictly enforced. Cintas Corp. v. Lee's Cleaning Serv., Inc., 549 Pa. 84, 90, 700 A.2d 915, 918 (1997) (citation omitted); Beglin v. Stratton, 816 A.2d 370 (Pa. Cmmwlth. Ct. 2003); Collins v. Park, 423 Pa. Super. 601, 604, 621 A.2d 996, 997 (1993). 13. Absent valid service of original process, a court lacks personal jurisdiction over a defendant and is powerless to enter judgment against him/her. Id.; Frycklund v. Way, 410 Pa. Super. 347, 351, 599 A.2d 1332, 1334 (1991). 14. Moreover, because service of original process is a fundamental step in completing the progression of events by which an action is commenced, a plaintiff must make a good faith effort to notify a defendant of an action by promptly effecting service. Witherspoon v. City of Philadelphia, 564 Pa. 388, 397, 768 A.2d 1079, 1084 (2001); Leidich v. Franklin, 394 Pa. Super. 302,575 A.2d 914 (1990); Farnacci v. Beaver County Indus. Dev. Auth., 510 Pa. 589,511 A.2d 757 (1986). 15. A plaintiff bears the burden of demonstrating that efforts to effect original service of process were reasonable. Bigansky v. Tomas Jefferson Univ. Hosp., 442 Pa. Super. 69, 658 A.2d 423 (1995); Cahill v. Schults, 434 Pa. Super. 332, 643 A.2d 121 (1994). 16. To comport with the Pennsylvania Rules of Civil Procedure and Pennsylvania law, service of original process may only be accomplished, in relevant part, by handing a copy of a writ of summons or complaint to the defendant or to the defendant's agent at her usual place of business or to the person for the time being in charge thereoe. Pa. R. Civ. P. 402(1) and (2)(iii). 17. In this case, Plaintiffs commenced this action by filing a Writ of Summons on December 17, 2007 in the Court of Common Pleas of Cumberland County, Docket No. 07-7535. 18. Thereafter, Plaintiffs attempted to serve the Writ on Barbara Stodter by handing a copy of the Writ to Defendant Dean Stodter at Root Hall located on the grounds of the United States War College in Carlisle, Pennsylvania. 19. While Dean Stodter was identified on the Sheriff's Return of Service as the "adult in charge" of Root Hall, there is no evidence of record to suggest that Root Hall was Barbara Stodter's office or usual place of business. On the contrary, Barbara Stodter has never worked at Root Hall and Root Hall has never been her usual place of business. See Barbara Stodter Affidavit and Dean Stodter Affidavit, Exhibit "D". 20. Moreover, Defendants Barbara Stodter and Dean Stodter were not husband and wife on the date service was attempted but, instead, had been divorced for more than a year prior to the attempted service. See, Exhibit "E". ' A defendant must have proprietary or managerial interest in the business in order for it to qualify under the rule as a "usual place of business". Pincus v. Mut. Assur. Co., 457 Pa. 94, 99, 321 A.2d 906, 910 (1974). 4 21. Similarly, Plaintiffs have never perfected service of the Writ, or any subsequent pleading, upon Barbara Stodter at her usual place of business or residence, and has never put forth any effort to do so since January 3, 2008, despite having the Sheriff's Return of Service in their possession evidencing the defective location and manner of service, and despite public records evidencing the fact that Dean Stodter was not Barbara Stodters' husband at the time of attempted service. 22. In this case, Plaintiffs have clearly failed to serve Defendant Barbara Stodter with original process in accordance with Pa. R. Civ. P. 402. For that reason, this Court currently lacks jurisdiction over Defendant Barbara Stodter. WHEREFORE, for the foregoing reasons, Defendant Barbara Stodter respectfully requests that her Preliminary Objection be sustained, that this Honorable Court hold that service of original process upon Barbara Stodter was defective, and that the Court require Plaintiffs to serve Defendant Barbara Stodter with original process in accordance with the Pennsylvania Rules of Civil Procedure and Pennsylvania law. III. DEMURRER - FAILURE TO STATE A CLAIM 23. Despite naming Dean Stodter as a Defendant in this matter, Plaintiffs' Complaint fails to aver any facts capable of making out a prima facie claim for negligence against him. 24. On the contrary, Plaintiffs' Complaint, on its face, merely alleges that Defendant Barbara Stodter was negligent in the operation of her motor vehicle on December 22, 2005. 25. Because Plaintiffs' Complaint is completely devoid of any allegations of negligence against Defendant Dean Stodter, Plaintiffs' Complaint against Dean Stodter should be dismissed with prejudice. WHEREFORE, for the foregoing reasons, Defendant Dean Stodter respectfully requests that his Preliminary Objection be sustained, and that Plaintiffs' Complaint against him be dismissed with prejudice. Dated: '311 joy Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Todd B. N VW, Esquire Attorney . No. 42136 Marc A.oyer, Esquire Attorney I.D. No. 76434 305 North Front Street, 6t' Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendants Barbara Stodter and Dean Stodter 6 CERTIFICATE OF SERVICE On this b day of? , 2008, I, Jennifer L. Deitch, a legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the Preliminary Objections of Defendants Barbara Stodter and Dean Stodter to Plaintiffs' Complaint upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Jennif r L. Deitc Legal Secretary to Marc A. Moyer 571385.1 7 i ?? ,/ ?\ t? Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersharn, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q7 - '762-16 CIVIL ACTION - LAW EUGENIA DILLARD and GEORGE DILLARD, individually and as husband and wife 1940B Fry Loop Avenue Carlisle, Pa 17013 Plaintiff(s)& Address(es) BARBARA STODTER and DEAN STODTER, individually and as husband and wife 592 Craig Road : Carlisle, Pa 17013 Defendant(s) Address(es) JURY TRIAL DEMANDED TO: BARBARA STODTER 592 Craig Road Carlisle, PA 17013 DEAN STODTER 592 Craig Road Carlsile, PA 17013 WRIT OF SUMMONS You are hereby notified that the above named Plaintiffs, Eugenia Dillard and George Dillard have commenced an action against you. By Prothonotary of Cumberland County S OL?L" Pr6thonotary Dated: jZha7f?7 389020-/ ???b'? ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the DEFENDANT at 1546:00 HOURS, on the 3rd day of January 2008 At ROOT uAT,T_, US ARMY WAR COLLEGE CARLISLE, PA 17013 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: f R. Thomas Kline 01/04/2008 METZGER WICKERSHAM By: °p- Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR r CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon t+Mr\"Ml"n MAnnTnT the DEFENDANT at 1546:00 HOURS, on the 3rd day of January 2008 at ROOT HALL US ARMY WAR COLLEGE CARLISLE, PA 17013 by handing to DEAN STODTER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l/IvJDP 18.00 4.80 .00 10.00 00 32.80 So Answers: Sworn and Subscibed to before me this day of R. Thomas Kline 01/04/2008 METZGER WICKERSHAM By: _ Deputy Sheriff A. D. 1 .. I 'Ar?\ ?, I L 1=In n?is J. l.al'lert?, V. lisyuirr LD. No.'S4009. A4etzgir, NVlc;l:ersham, Knauss L•rb. P.C. X2.1 1.North front Street. , . Harrisburg; Pa 17110 (717)238-8187 ?tfUrr7cy/or•Rlainti?Js - . IN THE COl11zT OF C01v11\/lON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA.DILLARD LN THE COURT OF COMMON PLEAS CUMBERLAND -COUNTY, PENNSYLVANIA : . and GEORGE.DILI AR-D, individually and as husband and wife CIVIL ACTION. LAW Plaintiff(s) vs. N.O. U 7-7 33 - BARBARA STODTER and DEAN S. TODTER,.individually and as husband and wife JURY TRIAL DEMANDBD NOTICE TO DEFEND TO: Barbara Stodter and De- an.Stodter YOU HAVE BEEN SUED IN COURT.. If you wish to defend against the claims set forth in file -following.pages, you must.take action within' Twenty (20) days -after this Complaint --and Notice are served, by entering'a written appearance personatly or by attorney and filing':in'wnting 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 ma}? 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 away .other claim or relief rcquested.by the Plaintiffs- You may ]ose money or property. or.-other.rights.Important to you: YOU SHOULD TAKE. THIS PAPER TO YOUR-'LAWYER AT--ONCE: IF YOU D. Q -NOT HAVE A LAWYER; GO TO:OR• TELEPHONE THE OFFICE SET FORTH BELOW: THIS OFFICE CAN PROVIDE YOU WITH.-INFORMATION ABOUT HIRING A LAWYER. 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 TEE. = LAWYER REFERRAL SERVICE CUMBERLAND' COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET -CARLISLE; PA 17013 717-249-3166 392766-1 AVISO USTEU 'HA SIDC1 DENIAND:ADO EN LA (`01:7'E.. Si ustcd desea defeliderse de las giiejas expuestas en? las pAginas siguientes,'-debe tomar accion dentro de veinte (20)`tiiias a partir de la i-echo en . que reeibio la demanda -y. el aviso.. Usted debe pi-osentai co?llparecencia esrita en persona o po abogado }, prescntar en la Corte por es.crito sibs delensas o SL1S objeciones a las` demandas Ch SLI -COllll-Zl. Se is avisa-goe si no se defiende, el caso pLlede proccdel- sin usted y la COrte pLUede decidir ell.SLI contra sin Alas aViso o not] ficac16n por c.ualyuic.r di)iero i-cdanlado en la-demanda o .•. ? por cualquier dinero-reelamado en-la demanda o po.eualguier otra queja o•compensacion- reclamados por el _Demandante: USTED PUEDE PERDER DINERO, O. PROP_ IEDADES U OTROS DERECHOS I-MPORTANTES PARA US,TED. LLEVE-ESTA.DEMANDA A UN ABOCADC) M4MEDIATAMENTE, S1.USTED NO 1 TENE U NO CONOCE UN ABODAGO, VAYA U LLAiAE A LA OF1CI?vA LN LA DIRECCION'. ESCRITA . ABAJO _ PARA. AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL-SERVICE -CUMBERLAND: COUNTY BAR.ASSOCIATION 32 S. BEDFORD STREET .CARLISLE, PA 17013 71.7--249-') L 66 392966-1 l anc is :I'. i.:1lirm. 1\ . 1 .clinrc I'U..,\e. ti4 0 0 1) }etr??.r, 1\ i?krr?hant. ti..ltiuss ?? t.rh, l'.l . .. . 321.1..N01.'01. 1-1011.t.Sueet Harrisburg, Pa 1711.0 . 47 17) 238=8 187 IN "l HE (`OI ik h OF? COIMMON N _F..AS CLIN4BERL.AND COUNTY, PENNSYLVANIA EUGENIA DILLARD IN "1 HE COURT OF COMN/ION PLEAS and GEORGE-DILLARD,• CUMBERLAND-COUNTY, PENNSYLVANIA: Md1v1.duaH)/ and as husband and wife CIVIL ACTION LAW Plaintiff(s) BARBARA STODTER and. DEAN STODTER, irldividually and as husband and wife, J URA' TRIAL DEMANDED COMPLAINT. AND-NOW, coin es the Plaintiffs, Etigep1 Dillard and George Dillard, by-arid thro igli their attorney; Metzger, 'Wiekershain, Knauss & Erb; PC., and respectfully represents the . followin. g: . I . Plaintiffs- Eugenia-- Dillard arid' George Dillard are adult individuals; who currently reside at 1940B Fry Loop Ayeilue,.Carlisle, CujbbQi-lajid County,,Pennsylvania. . ..2, - -Defendants, Barbara -S-todw-r and Dean Stodter.are. adult Jn-dividuals residing at 592 Craig Road,. Carlisle, Cumberland County; Pennsylvania. 3. The facts.and circumstances hereinafter set forth occurred on December,22, 2005, at or about 9:10 p.m..at-or near North.: SpringGarden Street, Carlisle;- Cumberland- County, Pennsylvania. 4. At the aforesaid time:and place;,Plaintiff Eugem Dillard.was the operator of.a 392766=1... > I l ?irda'hc;irin I'? »ns? l? tiiia I ircns?' Plci?r \ , I)l .l?n,? Ftirh as (w Ilcd by I'!: fl George Dillard. _ i. At the.aforesaid•time and.-place. Defendant Barbara Stoclter wasAhe operator of a 1 ) ' ; I????_Igc hearing Olaahonul I .iccnsc Platc Nu. ?'51:1-113 \\ hicli as I ed b, 13arl,u.r<i Stoclter. .6. On the aforesaid time and place, Plaintiff Eugenia Dillard was traveling on North SprM,1, Gxirdcn Street in Carlisle, Pennsylvania and had slowed her vehicle M .caution of the snow, . coVercd 60adway. 7. On the aforesaid time and.-place,. Defendant "Barbara Stoclter was. traveling directly . beliind Plaintiff.... 8, At the aforesaid time and date, Defendant failed-.to.slow lif, ehicfe.and violently.. . - struck the rear of Plaintiff's vehicle. . . . . 9. As a result of the aforesaid accident and collision,.PlaintiCf,..E.ugenia Dillard,..,,. sustained ?,arious personal injures including, but not limited to, ; left paracentral-disc bulge at T7- T8 level, left lower mid 'thoracic pain, thoracic=lUnibar sprain; rib dysfunction secondary to thoracic _ herniations at T7-T8, occasional radicular symptoms, thoracic paraspinal spasm, left thoracic. radictrlopathy, thoracic tenderness; burning of the thighs and legs; headaches, pain when a "sittinacid standin muscles asiiis, .back.. insprain' ril.s,. rib breathing blurred vision, pain "in g g, P p pain, and.other injuries. 10. As a"result of the aforesaid. accident and collision; Plaintiff, Eugenia Dillard, has incurred various medical expenses for physicians, medical supplies, medication, therapy, and other medical. treatment, and: she will in the. future continue to incur" such medical expenses. 392766- I'C:!III `j llii' :i) ll:i;l'I ;t't't.'.'1?! :ln!I !li?i!'1C` I1;:111 it II i. I ;!','il I?III,11(! }:!' ,•:l (+ will ill the fultue. cmotional and mental distress and an"ui` h. enhan-assment. and lillmilia icand Continue to undergo such mental distress. aa)guish, cmban-assment. and humiliation. uls 1?. AS it rl;sult ui the afuresaid C1II 131111 injuries, Plaintiff, Lu.??nia DillLild. i under.`?one much pain, suffering, inconvenience, loss of et)jo_vmcnt of life, and loss of life's pleasures, and will in the-future continue to suffer such losses. I As a result of the aforesaid accident and injuries, Plaintiff- Lugenia Dillard continues to stiffer frolii'residual pro' blems :fi:6m all of her Hljuries. COUNTI Eugenia Dillard-.vs:. Barbara Stodter and Dean Stodter 14. Proceeding paragraphs 1 through 13 are incorporated herein by reference and Ill all l: a l)arl 11Clcof. . 1 5. The. collisign occurred solely.. as a result of the negligence, carelessness, and .recklessness of the Defendant and:.was -due in no-.manner:.to.aay. act, -or :failure to.act, on the.pazt .. of the Plaintiff. 1.6. Defendant owed a duty to operate her vehicle in such a way as to not cause harm or damage-to other persons and to the -Plaintiff in particular: IT The negligence; caretcssrless and recklessness of the Defendant consisted of the following` (a) Failing to slow: or stop the vehicle she was operating so as to avoid *a rear-end collision; (b) In operating, the vehicle at. ' an excessive rate of speed under the circutnstarices; .(d) Operating her` vehicle' in' careless' disregard for -the safety of persons and/ox Property; . 392766- (e) Following too closely; 11) In tailing- to aj)ply the hrakes to the vehicle she vas oherim-11- or take utilcr G\ ask": actiol) to a?oicl it collisioli %" itll th"i?lr o-I 11i CIiiC;C III front of her; (g) Driving at. a speed ygrcater than is reasonable and I)rudCDt under the conditions and not having regard.for the actual and potential hazards then existing and at it speed greater than swill permit her to have brought her vehicle to it stop \•vlth111 the assured clear distance ahciid; (11) Ili failing to give fwarnin`7 to Plaintiff Eugenia Di]laid of her impending CUIIISIon itll.the vehiCIC in 11011t 01 IWI: . (1) In failiilg-to observe vehicles on,the road"vay; 0) In failing to operate her vehicle in accordance with existing traffic conditions (k) In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; (1) in failing to keep alert and maintain a prap.er.lookout for the. presence of other rn.otoa- vehicles on the streets and hiah«,avs; -(m) In failing to keep her vehicle under-proper and adequate control so as 'not to expose other users to an unreasonable risk o.f liami; (n) Otherwise operating her vehicle at- an unsafe speed; and (o) Rear ending the vehicle in front of her. 18. Defendants, Barbara Stodter and Dean Stodter are liable to Plaintiff for all of those damages. sustained by Plaintiff, as set forth in the.preceding paragraphs:.' 392766-1 I}:I!"I?;li,l 11 ?il,: .lI1C? i ?„t;i •: 11?'I 111 .:il ;llllt?llnl ?'`.?tti ,!nl' IilJl Isl?lllllll!' >aI1?111L,=!+?!i compulsory W-bitration, plus costs. COUNT 'lI (;eor<,c Dillard. N7. Barbara Stodter and Dean Stodter Proccedin,) paraoraplis 1 through 18 are incorporated herein by reference and made a part h.ercof. 20. By reason ol'tlic accident and injuries to his v ilc, I'laintiffGeorg.c Dillard lhas suffered a loss of companionship, loss of services, loss of society, and loss of consortium, and he Will in the future contiizue to suffer such losses. 21. Defendants Bai-bai-a Stodter and Dean Stodter arc liable I-or PlaintifPs..losses.. WHEREFORE, Plaintiff, GeorSe Dillard, demands judgment auairist Defendants, Barbara Stodter and Dean Stodter, in an amount exceeding that requiring submission to compulsory . arbitration, plus costs. METZGER, WICK UHAM, KNAUSS & ERB, P.C. By Fr cis-T Laff y, , squire' > :D. No. 84009... 3211 North Front Street P.Q. Box 5:3010 Harrisburg, PA 171.10-0300 -(717) 238-8187 . Date: Attorney for Plaintiffs ..392766-1 t 1:1.11{l( \Il ()I ?l.K? It I rt` I' I n ;t„ , that I lifn7 ??I \1,-! .' , A`, .i , ?, & served a true and correct copy of the I*oregoint docllmCnt upon the follo?? i112 persons at tale ")I'()\\ ink addresses indicated belo\\ by srndirn, same in the United Stairs mail. First-Class. postage prepaid: Barbara Stodter and Dean Stodter c/o Marc Mover. Esquire THOtNIAS. "1 HO;NLAS S-, HAI-FR 30? \'. From Sucet P.O. Box 999 Harrisburg, PA 17105 Dated. - ?' - -; My Iante.L. Kifk _ 392766-1,. 1X?1 b1-? `D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants CIVIL ACTION - LAW NO. 07-7535 JURY TRIAL DEMANDED AFFIDAVIT OF DEAN STODTER I, Dean Stodter, being duly sworn according to law, depose and state as follows: 1. I am one of the Defendants named in the matter of Eugenia Dillard and George Dillard v. Barbara Stodter and Dean Stodter, Docket No. 07-7535 (C.P. Cumberland). 2. I currently reside at 4 Farm Lane, Carlisle, Pennsylvania 17015. 3. My place of employment is Root Hall, Building 122, which is part of the United States Army War College, Carlisle Barracks. 4. 637 Liggett Road is part of the United States Army garrisoned at Carlisle Barracks and is not part of the United States Army War College. 5. At no time did my former wife, Barbara Stodter, maintain a place of business at Root Hall, Building 122 or with the United States Army War College at Carlisle Barracks of which Root Hall is part. 6. On December 19, 2006, I became divorced from my former wife, Barbara Stodter. 7. At no time was I in charge of my former wife's place of business. 8. At no time was I authorized by my former wife to accept service of a Writ of Summons. 9. At no time did I inform the Cumberland County Sherriff that I was married to Barbara Stodter as of January 3, 2008, or that I was authorized to accept service of the Writ of Summons on my former wife's behalf. I hereby state that the foregoing is true and correct to the best of my knowledge and information. AC COL Dean Stodter United States Army Sworn to and subscribed before me, a Notary Public, this .?? ay of 2008. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Betty S. Kistler, Notary Public Carlisle Boro, Cumberland County 74otary Public My Corrartission E)om May 14, 2009 Member, Pennsylvania Association of Notaries My Commission Expires: # 14, Lta D? (SEAL) I 1 4 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants AFFIDAVIT OF BARBARA STODTER I, Barbara Stodter, being duly sworn according to law, depose and state as follows: 1. I am one of the Defendants named in the matter of Eugenia Dillard and George Dillard v. Barbara Stodter and Dean Stodter, Docket No. 07-7535 (C.P. Cumberland). 2. I currently reside at 1011 Sadler Drive, Carlisle, Pennsylvania 17013. 3. My place of employment since June, 2007 has been at 637 Liggett Road, United States Army, Carlisle Barracks-United States Army Garrison. 4. Prior to June 2007, I worked as a substitute school teacher for the Carlisle School District. 5. At no time did I maintain a place of business at Root Hall, Building 122 or with the United States Army War College at Carlisle Barracks of which Root Hall is part. 6. On December 19, 2006, I became divorced from my former husband, Dean Stodter. 1 4 % 7. At no time was my former husband, Dean Stodter, in charge of my place of business or authorized to accept a Writ of Summons on my behalf. 8. At no time was I served with a Writ of Summons or Complaint in person by a Sherriff, at my place of business, or at my residence. I hereby state that the foregoing is true and correct to the best of my knowledge and information. Barbara Stodter Sworn to and subscribed before me, a Notary Public, this 1? day of 2008. c/ /0 S LC (/S. Al- 1 Notary Pub is My Commission Expires: LiAfA= (SEAL) ??`b? ? x- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Barbara M Stodter n N p, 2006 4704 VERSUS Dean C Stodter DECREE IN DIVORCE A N D N OW ) e_t_ t' \b tee' Vq Barbara M. Stodter DECREED THAT Dean C Stodter AND , 100b, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; none BY THE COURT: PROTHONOTARY r ll C7 p PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) EUGENIA DILLARD AND GEORGE DILLARD, Individually and as Husband and Wife VS. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife No. 07-7535, CIVIL TERM 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendants Barbara Stodter and Dean Stodter to Plaintiffs' Complaint. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Marc A. Moyer, Esquire (Name and Address) Thomas, Thomas & Hafer, LLP, 305 North Front Street. P.O. Box 999, Harrisburg, PA 17108 (b) for defendants: Francis J. Lafferty, IV, Esquire (Name and Address) Metzger, Wickersham, Knauss & Erg, P.C., P.O. Box 5300, 3211 N. Front St., Harrisburg, PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: 361 Lo K INSTRUCTIONS: Marc A. Moyer, Esquire Attorney for Defendants 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE On this day of March 2008, I, Jennifer L. Deitch, legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR LISTING CASE FOR ARGUMENT upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 6nw-A-o W W66 Jenn' r L. De ch CD u rft ,f?l Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, individually and as husband and wife Plaintiff(s) vs. BARBARA STODTER and DEAN STODTER, individually and as husband and wife, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7535 JURY TRIAL DEMANDED JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint for the following defendant: Barbara Stodter 1011 Sadler Drive Carlisle, PA 17013 Date: METZGER, WIC , KNAUSS & ERB, P.C. By: F?ancis J. La e , , Esqui Attorney I.D. o. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 395199-1 I -ancis.1.•I.aNcriv- IV. Isqui•r 1. D: NO. 84009, Metzger, Wickersham, Knauss L'C hb. Y l 3.211, North Front. Street Harrisburg, Pa 1711.0 (717)238-8187. Atlornc v for Plaintiffs IN THE COURTOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD IN THE COURT OF COMMON PLEAS and.GEORGE DILLARD, CUMBERLAND COUNTY, PENNSYLVANIA individually and as husbai-kd and wife . CIVIL ACTION - LAW Plaintiff(s) vs.. NO. 07-75,:) c? n BARBARA STODTER and Ri DEAN STODTER, individual) and ;'r As husband and wife; . ?, JURY. TRIAL DEMANDED. NO'I'ICE7.0 DEFEND TO: Barbara?Stodter and Dean Stod_ter 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 Notiee• are served,.by entering -a written appearance' personally or by attorney and filing m 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',thecase-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 Plaintiffs. You may lose money or-property or otherrights important to you. ......YOU SHOULD- TAKE THIS PAPER TO YOUR -LAWYER ATONCE: • IF -YOU DO - NOT HAVE A LAWYER, GO. TO OR TELEPHONE THE: OFFICE -.SET FORTH -BELOW: THIS OFFICE CAN PROVIDE YOU WITH INFORMATION. ABOUT HIRING A LAWYER. - 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: LAWYER REFERRAL SERVICE CUMBERL_ AND COUNTY BAR ASSOCIATION 32. BEDFORD STREET ' .. ? , . . , :.CARLISLE, PA 17013 • - - . 717-249-3166 '392766-1 Frun, i J. I.D. iNo. 84009 Metz rr; ?Vrk r iiaui, Knaus,, I.ib, 1'.? 3211 North l- rout Street Harrisburg, Pa 17110 - (747)238-8187 Alloniet jur /aint!)js.. 1.N TIAF'('Ol_'R 1'()1= C 0Ar4MON PLEAS' CUMBERLAND COUNTY, PENNSYLVANIA EUGENI:A D11 LARD IN THE COURT OF COMMON PLFAS and. GEORGE IJILLARD, CUMBERLAND COUNTY., PENNSYLVANIA.. individually and as husband and wife CIVIL ACTION LAW' Plaintiff(s) BARBARA STODTER and DEAN STODTER, 'individually and as husband and wife, JURY TRIAL DEMANDED COMPLAINT.. AND NOW, comes the Plaintiffs, Eugenia Dillard and 'George Dillard, by and through` their attorney, Metzger Wickersham, Knauss & Erb, P.C., and respectfully ' represents ` the following: 1.. Plaintiffs;' 1~ugenia'Dillard and George-Dillard are adult individuals, who currently, reside` at 1,94013 Fry Loop Avenue, Carlisle, Cumberland_County, Pennsylvania. 2. Defendants; 'Barbara Stodter and Dean Stodter .are .adult individuals residing at 592 Craig Road, Carlisle; Cumberland County, Pennsylvania'.... 3. The facts and circumstances hereinafter set forth occurred on December 22; 2005, at •or about'9:l0 p.m. •at -or near North Spring Garden Stieet. Carlisle, Cumberland County, Pennsylvania.: . 4. At,.the.aforesaid.. ime and place,. Plaintiff Eugenia Dillard was the.operator. of a .392766-1 j c)t)? I,1, l l he al"}h, i??'tll1C?'l\ alll;l i":'11 c PIAC V, I Il'f PI1 11111, Gicor-C DI Hard. >. At the aforesaid time. and place, Defendant Barbara Stodter was the operator of a 1995 I??1?i c hcarin' Gklahonul 1 iccll;c 1'latc tio. "2SLI113 vvilich "."Is umncd by E3arha111 Stodter. b. -On the aforesaid time and place, Plaintiff Eugenia Dillard was traveling,on North Springy- Ga"rdcn Street in Carlisle, Pennsylvania and had slowed her chicic in caution of the snow covered roaa\vav. 7. On the. aforesaid time" and place, Defendant Barbara Stodter was traveling dir""ectly. . 8. At the aforesaid-time. and date, :Defendant failed to..slow .her vehicle and violently. . struck the rear of Plaintiff's vehicle.. 9. As. a result of the afo.resa"d acci-dcm ana.colli,sion, Plaintiff Eugenia Dillard, sustained various "personal injures .inc.ludi.ng, but not limited to, ,. left paracentral disc. bulge at.T7-. T8 level, left lower mid thoracic pain, thoracic-lumbar sprain, rib dysfunction secondary to , " thoracic herniations at. T7-T8,. occasional radicul.ar- symptoms, thoracic paraspinal spasm, left -thoracic radi culopathy, -thoracic tenderness; burning of the-thighs and legs-, headac#tes, painwhen4 breathing, blurred ."Vision, pain in sitting and standing, muscle spasms, back pain, sprain ribs,.rib" pain, and other injuries: 10. As a-result of the aforesaid accident •and collision, Plaintiff; •Eugenia Dillard, has incurred various medical expenses for physicians; medical "supplies, medication, therapy"",.and other medical .. Treatment, and she will in the future continue to incur such medical expenses.- 392766-1 " f ??? a 1-,'?ll?! ail 1i?,` ;??ii ?.'.'t{ :1C?1Cls'i1T ;11111 Itl•;!i{,'? ??I 1,?..?. ?t'?li:, I?'ll;ll(1 '.;1? li i i . c111otional'and mental distress Ind an-111sh, e111harmssn7ent, and Mini lllat lon, and w 11 l1l the fnhlrC' continue to undergo such mental distress, ang-Li ish, embarrassment, and hUnliliation. i A? aresult ">i- illc alu+csaid accident 'Ind injunc-,, 1'i.iii)ull Lugcl,i?i Diiilu-d, lui under<,one much pain, suffering, inconvenience, loss of enjoyment of life, and loss of life's pleasures, and will in the future continue to suffer-such losses: l ?- As a result of'the aloresaid accident and il>_juries, Pkil tilY, Lugenia Dillard continues to suffer 6,0111 residual problems f1=oin all"of her iglurites. COUNT L Eugenia Dillard vs. Barbara Stodter and Dean Stodter 14. Proceeding paragraphs 1 through 13 are incorporated herein by reference and I11auc a 1)'ll t l1CrLOf. 15. The collision occurred. solely. as a result of the negligence, carelessness, and recklessness..of tho.Defetidant and was.due in no manner. to. any act, or failure..to..act,.on.the part: of the Plaintiff: 16. Defendant owed a, duty to operate her vehicle in. such a way as to not cause harm or damage to other persons -and, to the Plaintiff in particular. 17. The negligence; carelessness and recklessness of the Defendant consisted of the -following: (a) Failing to slow or stop'the vehicle she was*operating so•as'io avoid a rear-end collision; (b) In. operating; the _ vel ie " at an .excessive rate. of speed under the circumstances; (c)-operating her vehicle "in careless disregard'fdr the safety of persons> -andfor property,... `342766-1 (e) Following too closely; (f) In tailing to apply the brakes to the vehicle she ?,1as operating or take (diet Lv;tJtyC &-LI011 W Liyvlll a CuillSiOll vy I'd) t11C Il ti ?)t lh vilil?lt In front of her; (g) Driving at a speed greater than is reasonable and prudent under the conditions and not having regard for the actual and potential hazards thin existing and* at a speed geatcr than will pern-iii tier to have- htclrlght her vehicle to a stop 11.1111) the assured Jean (listance ai?c?1?3; (h) In-failing to give warning to Plaintiff Eugenia Dillard of her inlpcrt?iing Coniston 1vith the vcslhicic Ili iron ail her; (1) In failing to observe vehicles.on the roadway; 0) In failing to operate her vehicle in accordance with existing traffic Conditions; (k) In failing. to drive- at a speed and in the manner that would allow Defendant to stop within. the assured clear distance ahead; (1) In failing to. keep alert and maintain a prgp.er lookout for the..presence of other motor vehicles on the streets and hi.0hwavs` (m) In failing to keep -ter vehicle under proper and adequate control so as not to.expose other users to .an unreasonable risk of harm; :(n) Otherwise-operating her vehicle at an unsafe speed; and (o) Rear ending the vehicle in front of her. 18: Defendants, Barbara Stodter and Dean Stodter are 'liable to Plaintiff-for all of those damages sustained by Plaintiff, as'sef forth in the-preceding paragraphs: 3927.66- 1 1?(ll?h:l ?? ?? .i?'[ X11111 !)?[lli ?11e??1(c:C. ?F!1 :fli ,, ???11411 :Ai?'t'?IIR?' l'I1,11 !;?l i'?+1!1,' ?:Ilhlll??ln;'I?1 compulsory arbitration, plus costs. COUNT It George Dillard v. Barbara Stodter and Dean Stodter i??. Proceeding Para<?'raphs 1 tlirou1-1h 'IS are incorporated herein 6N' rcici:encc and njadc a part hereof. 20. By reason of tlic accident and injuries to lus \-vibe, 1"laitit itTGeor-C Ddlw-d h..is suffered a loss of companionship, loss of services, loss of society, and loss of consortium, and he will in the fixture continue to suffer such losses. 1. Defendants Barbara Stodter an6 Dead Stcldt?cr arc liable for Plaintiff's losses. -_ WHEREFORE, Mimi ft; George Dillard, demands judgment against Defendants, Barbara Stodter and Dean Stodter, in an amount exceeding t Wx6quiring submission to compulsory arbitration; plus costs. (TR f fFI I F OF S1:R\ I(I L \I?°lanic I Kni; ??f the I:iv\ firm ?)I Alrt.-..,- „riily Ihat I se-recd a true and correct copy of the foregoing document upon the following persons at the following, addresses indicated hclo\\? by sending, same in the United Stale mail. first-class_ postage prepaid: Barbara Stodter and Dean Stodter c/o Marc Mover, Esquire THOMAS, THOMAS & I IAFER -,O? N. From Street P.O. Box 999 Harrisburg. PA 17108 ?°?? -err '? ? ?? ?? ?? *' ?' ? r nJ r ? ri "? ? ' i .., ? ? r `? ? t ? ?7 ?, _ t.?? ...; -?- Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs CIVIL ACTION - LAW : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants JURY TRIAL DEMANDED W ,?.? ORDER AND NOW, this ", ` ` day of , 2008, upon consideration of the Preliminary Objections of Defendants Barbara Stodter and Dean Stodter to Plaintiffs' Complaint, and in consideration of Plaintiffs' reply thereto, it is hereby ORDERED and DECREED that Plaintiffs' service of original process upon Defendant Barbara Stodter was defective and that Plaintiffs are hereby ORDERED to properly serve Defendant Barbara Stodter with original process in accordance with the Pennsylvania Rules of Civil Procedure. It is further hereby ORDERED and DECREED that Plaintiffs' Complaint against Defendant Dean Stodter is dismissed. 575525.1 ti W? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon gTnnTFR RARRARA the DEFENDANT , at 1015:00 HOURS, on the 31st day of March 2008 at 1011 SADLER DRIVE CARLISLE, PA 17013 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 4.80 Postage .58 Surcharge 10.00 .00 YJV3Io7 ( .,, V 33.38 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/01/2008 METZGER WICKERSHAM By: Dep ty Sheriff A. D. . . Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Eugenia Dillard and George Dillard, Individually and as Husband and Wife c/o Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date: 9 9L/-j Todd arvol, sfiuire Attorney I.D. o. 42136 Marc A. Moyer, Esquire Attorney I k. No. 76434 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Counsel for Defendant Barbara Stodter Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs CIVIL ACTION - LAW NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT BARBARA STODTER TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NOW, comes Defendant Barbara Stodter, by and through her counsel, Thomas, Thomas & Hafer, LLP, and respectfully submits her Answer with New Matter to Plaintiffs' Complaint as follows: 1. DENIED. After reasonable investigation, Defendant Barbara Stodter is without sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in Paragraph I of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 2. DENIED. It is DENIED that Barbara Stodter resides at 592 Craig Road, Carlisle, Cumberland County, Pennsylvania. It is ADMITTED that Defendant Barbara Stodter resides at 1011 Sadler Drive, Carlisle, Pennsylvania 17013. To the extent the averments set forth in Paragraph 2 pertain to Dean Stodter, Mr. Stodter has been dismissed from this action pursuant to the April 4, 2008 Order of the Honorable Edgar B. Bayley and, therefore, no response is required. 3. DENIED as stated. It is ADMITTED that Plaintiffs' Complaint alleges the occurrence of an automobile accident on or about December 22, 2005, at or about 9:10 p.m., and that the accident occurred on North Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. To the extent the averments are intended to impute the liability against Barbara Stodter, the averments are DENIED. 4. DENIED. After reasonable investigation Defendant Barbara Stodter is without sufficient knowledge or information to form a belief as to the owner of the automobile operated by Plaintiff Eugenia Dillard on December 22, 2005. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 5. DENIED as stated. It is ADMITTED that Defendant Barbara Stodter was the owner of one of the vehicles involved in the accident referred to in Plaintiffs' Complaint. 6. DENIED as stated. It is ADMITTED that Plaintiff Eugenia Dillard was operating an automobile on North Spring Garden Street in Carlisle, Pennsylvania on December 22, 2005. After reasonable investigation, Defendant Barbara Stodter is without sufficient knowledge or information to form a belief as to the truth or falsity of the remaining averments set forth in Paragraph 6 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 7. DENIED as stated. It is ADMITTED that Defendant Barbara Stodter was operating her automobile behind Plaintiff Eugenia Dillard on North Spring Garden Street prior to the accident forming the basis for Plaintiffs' Complaint. 2 8. DENIED. It is DENIED that Defendant Barbara Stodter failed to slow her vehicle, or that she violently struck the rear of the vehicle being operated by Plaintiff Eugenia Dillard on December 22, 2005. 9. The averments set forth in Paragraph 9 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Defendant Barbara Stodter lacks sufficient knowledge or information to form a belief as to Eugenia Dillard's medical condition as alleged in Paragraph 9 of the Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments attempt to impute liability against Defendant Barbara Stodter for the injuries alleged in Paragraph 9 of Plaintiffs' Complaint, it is DENIED that Barbara Stodter negligently, carelessly or recklessly caused or contributed to the injuries alleged. 10. The averments set forth in Paragraph 10 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Defendant Barbara Stodter lacks sufficient knowledge or information as to what medical expenses, if any, Plaintiff Eugenia Dillard has incurred. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments attempt to impute liability against Defendant Barbara Stodter, it is DENIED that Barbara Stodter negligently, carelessly or recklessly caused or contributed to Plaintiff Eugenia Dillard incurring the medical expenses alleged in Paragraph 10 of Plaintiffs' Complaint. 11. The averments set forth in Paragraph 11 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, and to the extent the averments attempt to impute liability against Defendant Barbara Stodter, it is DENIED that Barbara Stodter negligently, carelessly or recklessly caused or contributed to Plaintiff Eugenia Dillard experiencing emotional and mental distress and anguish, embarrassment, and humiliation. 12. The averments set forth in Paragraph 12 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, and to the extent the averments attempt to impute liability against Defendant Barbara Stodter, it is DENIED that Barbara Stodter negligently, carelessly or recklessly caused or contributed to Plaintiff Eugenia Dillard experiencing pain, suffering, inconvenience, loss of enjoyment of life, or loss of life's pleasures. 13. The averments set forth in Paragraph 13 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, and to the extent the averments attempt to impute liability against Defendant Barbara Stodter, it is DENIED that Barbara Stodter negligently, carelessly or recklessly caused or contributed to Plaintiff Eugenia Dillard experiencing "residual problems" from her injuries, if any. COUNTI Eugenia Dillard v. Barbara Stodter and Dean Stodter 14. Paragraphs one (1) through thirteen (13) of Defendant Barbara Stodter's Answer are incorporated by reference as if fully set forth at length herein. 15. The averments set forth in Paragraph 15 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that the collision occurred solely as the result of the negligence, carelessness, and recklessness of Defendant Barbara Stodter, or that the collision was due in no manner to any act, or failure to act, on the part of Plaintiff Eugenia Dillard. 4 16. The averments set forth in Paragraph 16 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Defendant Barbara Stodter breached any duty she may have owed to Plaintiff Eugenia Dillard in the operation of her motor vehicle. 17. The averments set forth in Paragraph 17 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Defendant Barbara Stodter was negligent, careless or reckless towards Plaintiff Eugenia Dillard. By way of further Answer: (a) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to slow or stop the vehicle she was operating so as to avoid a rear-end collision; (b) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly operated her vehicle at an excessive rate of speed under the circumstances; (c) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly operated her vehicle in careless disregard for the safety of persons and/or property; (d) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly operated her vehicle in reckless disregard for the safety of persons and/or property; (e) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly followed Plaintiff's vehicle too closely; 5 (f) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to apply the brakes to the vehicle she was operating or failed to take other evasive action so as to avoid a collision with the rear of the vehicle in front of her; (g) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly drove at a speed greater than was reasonable under the conditions or did not have regard for the actual and potential hazards then existing. By way of further Answer, it is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly drove at a speed greater than would permit her to have brought her vehicle to a stop within the assured clear distance ahead; (h) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to give warning to Plaintiff Eugenia Dillard of her impending collision with the vehicle in front of her; (i) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to observe vehicles on the roadway; 0) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to operate her vehicle in accordance with existing traffic conditions; (k) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to drive at a speed and in a manner that would allow her to stop within the assured clear distance ahead; 6 (1) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (m) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly failed to keep her vehicle under proper and adequate control so as to not expose other users to an unreasonable risk of harm; (n) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly operated her vehicle at an unsafe speed; (o) It is DENIED that Defendant Barbara Stodter negligently, carelessly or recklessly rear-ended the vehicle in front of her. 18. The averments set forth in Paragraph 18 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Barbara Stodter is liable to Plaintiff for any damages alleged in Plaintiffs' Complaint. To the extent the averments set forth in Paragraph 18 of Plaintiffs' Complaint pertain to Defendant Dean Stodter, Mr. Stodter has been dismissed from this action pursuant to the April 4, 2008 Order of the Honorable Edgar B. Bayley and, therefore, no response is required. WHEREFORE, Defendant Barbara Stodter respectfully requests that judgment be entered in her favor and against Plaintiffs, and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II George Dillard v. Barbara Stodter and Dean Stodter 19. Paragraphs one (1) through eighteen (18) of Defendant Barbara Stodter's Answer are incorporated by reference as if fully set forth at length herein. 7 20. The averments set forth in Paragraph 20 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Defendant Barbara Stodter caused or contributed to George Dillard's alleged loss of companionship, loss of services, loss of society, and loss of consortium as alleged in Plaintiffs' Complaint. 21. The averments set forth in Paragraph 21 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Defendant Barbara Stodter is liable to Plaintiff George Dillard. To the extent the averments set forth in Paragraph 21 of Plaintiffs' Complaint are directed to Dean Stodter, Mr. Stodter has been dismissed from this action pursuant to the April 4, 2008 Order of the Honorable Edgar B. Bayley and, therefore, no response is required. WHEREFORE, Defendant Barbara Stodter respectfully requests that judgment be entered in her favor and against Plaintiffs, and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 22. Defendant Barbara Stodter hereby incorporates her Answers to Paragraphs one (1) through twenty-one (21) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 23. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted under Pennsylvania law. 24. Discovery may show that Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 25. Discovery may show that Plaintiffs' claims are barred by the assumption of risk. 8 26. Discovery may show that the contributory negligence of Plaintiff Eugenia Dillard was the sole and proximate cause of Plaintiffs' injuries. 27. Plaintiffs' cause of action, the existence of which is DENIED, is barred by the applicable statutes of limitations under Pennsylvania law. 28. Discovery may show that Plaintiffs' claims are barred by the Doctrines of Estoppel, Waiver and/or Laches. 29. Discovery may show that the claimed injuries and/or damages of Plaintiffs, the existence of which are DENIED, were caused in whole or in part by acts or omissions of another or others for whom Defendant Barbara Stodter was not responsible and whose conduct Defendant Barbara Stodter had no reason to anticipate. 30. Defendant Barbara Stodter is not responsible for the actions of any other parties whose conduct may have caused or contributed to the injuries complained of in Plaintiffs' Complaint. 31. Discovery may show that the alleged actions and omissions of Defendant Barbara Stodter were not a substantial factor, or were an insignificant factor, or were not a legal factor in causing or contributing to Plaintiffs' alleged injuries and damages, if any. 32. Discovery may show that Plaintiffs' alleged injuries and damages, if any, were not caused or aggravated by the acts or omissions of Defendant Barbara Stodter but, rather, were pre-existing, or caused by something other than the collision on or about December 22, 2005. 33. As discovery may show, Plaintiffs' recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, settlement, accord and satisfaction, arbitration and award, collateral estoppel and/or equitable estoppel. 9 34. Discovery may show recovery for Plaintiffs' alleged injuries and damages, if any, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et. seq., including, but not limited to, the sections relating to the limited tort provision, the provision that bars recovery of medical expenses and wage loss benefits paid or payable by insurance, and/or the provisions that reduce the recoverable amount of damages. 35. Discovery may show that Plaintiff, if she suffered any injuries at all, did not suffer any permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment. 36. Discovery may show that Plaintiff, Eugenia Dillard, was negligent per se for violating the following provisions of the Pennsylvania Motor Vehicle Code (a) 75 Pa. C.S. §§ 3361 (relating to driving vehicle at safe speed) 3362, 3363; (b) 75 Pa C.S. §§ 3714 (relating to careless driving); (c) 75 Pa. C.S. §§ 3736 (relating to reckless driving); 37. Discovery may show that Plaintiff was negligent, careless and reckless by failing to slow or stop the vehicle she was operating in a manner so as to avoid causing a rear-end collision; 38. Discovery may show that Plaintiff was negligent, careless and reckless by operating her vehicle at an excessive rate of speed under the circumstances; 39. Discovery may show that Plaintiff was negligent, careless and reckless by operating her vehicle in careless disregard for the safety of persons and/or property; 10 40. Discovery may show that Plaintiff was negligent, careless and reckless by failing to alert Defendant Barbara Stodter of her impending deceleration or stopping upon encountering ice and snow on the road; 41. Discovery may show that Plaintiff was negligent, careless and reckless by abruptly applying the brakes to the vehicle she was operating and by taking evasive action without providing Defendant sufficient time to react when faced with ice and snow on the roadway; 42. Discovery may show that Plaintiff was negligent, careless and reckless by driving at a speed greater than is reasonable and prudent under the conditions and not having regard for the actual and potential hazards then existing; 43. Discovery may show that Plaintiff was negligent, careless and reckless by failing to observe vehicles on the roadway; 44. Discovery may show that Plaintiff was negligent, careless and reckless by failing to operate her vehicle in accordance with existing traffic conditions; 45. Discovery may show that Plaintiff was negligent, careless and reckless by failing to drive at a speed and in the manner that would have enabled Defendant to stop within the assured clear distance ahead; 46. Discovery may show that Plaintiff was negligent, careless and reckless by failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; 47. Discovery may show that Plaintiff was negligent, careless and reckless by failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; and 11 48. Discovery may show that Plaintiff was negligent, careless and reckless by operating her vehicle at an unsafe speed. 49. Defendant Barbara Stodter asserts as a defense that she was confronted with a sudden emergency. 50. Defendant Barbara Stodter asserts that this action may be barred by the Doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendant Barbara Stodter respectfully requests that judgment be entered in her favor and against Plaintiffs Eugenia Dillard and George Dillard and that she be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. Date: 5(L b- S Respectfully submitted, 1161 B. Nap, Esquire Attorney I . No. 42136 Marc A. oyer, Esquire Attorne D. No. 76434 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Counsel for Defendant Barbara Stodter 12 VERIFICATION I, Barbara Stodter, state that I have read the foregoing ANSWER OF DEFENDANT BARBARA STODTER TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief, although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. nAo Date: U fU CERTIFICATE OF SERVICE On this a2 day of April 2008, I, Jennifer L. Deitch, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing document upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 dwq- ennifer L. Deitch 582491.1 ?... ? ? ? ?.? • :? a ???? ; .. ? ? . , ( _?,. r:? ?? t _ i \."? ;Y C? r; ?°4 Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@,tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife, Plaintiffs V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JURY TRIAL DEMANDED 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. : CIVIL ACTION - LAW : NO. 07-7535 YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 S. Belford Street Carlisle, PA 17013 Telephone (717) 249-3166 A AVISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro viente (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archinvando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S. Belford Street Carlisle, PA 17013 Telephone (717) 249-3166 Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife, Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants V. JURY TRIAL DEMANDED RICHARD ROVEGNO; ROVEGNO' S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JOINDER COMPLAINT OF DEFENDANT BARBARA STODTER AND NOW, comes Defendant Barbara Stodter, by and through her counsel, Thomas, Thomas & Hafer, LLP, and hereby files the within Joinder Complaint against Additional Defendants Richard Rovegno, Rovegno's of Carlisle, Inc., Rovegno Properties, and Rovegno Real Estate Properties, and in support thereof avers as follows: I . Plaintiffs Eugenia Dillard and George Dillard have brought the within action by filing a Complaint against Defendant Barbara Stodter. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A". 2. Through their Complaint, Plaintiffs seek to recover for damages allegedly sustained as a result of a motor vehicle accident that occurred on about December 22, 2005 between Plaintiff Eugenia Dillard and Defendant Barbara Stodter. Defendant Barbara Stodter has filed an Answer with New Matter to Plaintiffs' Complaint, wherein Defendant has denied any and all allegation of negligence, carelessness or recklessness in this matter. A true and correct copy of Defendant Barbara Stodter's Answer with New Matter to Plaintiffs' Complaint is attached hereto as Exhibit "B". 4. Additional Defendant Richard Rovegno, is an adult individual who, upon information and belief resides at 112 Spring Farm Circle, Carlisle, PA 17015-8504. 5. Upon information and belief, Additional Defendant Rovegno's of Carlisle, Inc. is a Pennsylvania business corporation with a principal place of business located at 401 East Lowther Street, Carlisle, PA 17013. 6. Upon information and belief, Additional Defendant Rovegno Properties is a Pennsylvania business corporation with a principal place of business located at 401 East Lowther Street, Carlisle, PA 17013 7. Upon information and belief, Additional Defendant Rovegno Real Estate Properties is a Pennsylvania business corporation with a principal place of business located at 401 East Lowther Street, Carlisle, PA 17013. COUNT I - NEGLIGENCE Barbara Stodter v. Richard Rovegno Defendant Barbara Stodter incorporates by reference Paragraphs 1 through 7 of her Joinder Complaint, and the averments set forth in her Answer and New Matter to Plaintiffs' Complaint as if more fully set forth at length herein. 9. The aforementioned alleged damages, if any, sustained by Plaintiff Eugenia Dillard, as more fully referenced in Plaintiffs' Complaint, were caused by the negligence, carelessness and recklessness of Additional Defendant Richard Rovegno, and were in no manner whatsoever due to any act, or failure to act, on the part of Defendant Barbara Stodter. 10. On or about December 22, 2005, prior to the automobile accident referred to in Plaintiffs' Complaint, Additional Defendant Richard Rovegno was shoveling/removing ice and snow that had accumulated on the sidewalk, curb and to the side of North Spring Garden Street in the vicinity of the accident. 11. In an effort to dispose of the ice and snow he had shoveled, Additional Defendant Richard Rovegno deposited the ice and snow into the lanes of travel on North Spring Garden Street, thereby creating an accumulation of ice and snow in the lanes of travel on North Spring Garden Street which had not existed on December 22, 2005 prior to the accident. 12. Prior to Richard Rovegno's placement of the ice and snow onto North Spring Garden Street, and prior to the accident described in Plaintiffs' Complaint, the lanes of travel in the vicinity of the accident were generally free from ice and snow. 13. Additional Defendant Richard Rovegno owed a duty of care to motorists and their passengers traveling on North Spring Garden Street on or about December 22, 2005. 14. The actions of Additional Defendant Richard Rovegno in placing ice and snow onto the roadway created a foreseeable risk of harm that his actions would result in a hazardous condition being created on North Spring Garden Street from which an automobile accident could result. 15. Additional Defendant Richard Rovegnos' actions in placing ice and snow onto the roadway created a hazardous condition to individuals operating their motor vehicles on North Spring Garden Street which had not existed prior to his actions. 16. Additional Defendant Richard Rovegno was negligent, careless, and/or reckless in the following respects: (a) Depositing ice and/or snow onto the roadway when he knew, or should have known, that such conduct would create an unreasonable risk of harm to individuals operating motor vehicles on the roadway and to passengers in such vehicles; (b) Depositing ice and/or snow onto the roadway when he knew, or should have known, that such conduct would create a hazard to vehicular traffic; (c) Committing acts of negligence per se by placing ice and snow onto the roadway in violation of Pennsylvania law and Carlisle Borough ordinances, including Carlisle Borough Ordinance 1184, Subsection 223-16; (d) Failure to dispose of the ice and snow he had shoveled in a manner which did not interfere with, or impede, vehicular traffic on the roadway; and (e) Failure to mark or identify the patch of ice and snow he had created on the roadway so as to alert oncoming motorists of the ice and snow accumulation. 17. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, the negligence, carelessness and recklessness conduct of Additional Defendant Richard Rovegno, was the direct, legal, and proximate cause of Eugenia Dillard's alleged injuries and damages as more fully described in Plaintiffs' Complaint. 18. If the allegations contained in Plaintiffs' Complaint are proven to be true and correct, all such allegations being expressly denied insofar as they relate to Defendant Barbara Stodter, then Additional Defendant, Richard Rovegno, is solely liable to the Plaintiffs, jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over the Defendant Barbara Stodter for contribution and/or indemnification on the causes of action asserted by Plaintiffs. WHEREFORE, Defendant Barbara Stodter demands judgment against Additional Defendant Richard Rovegno in that he is solely liable to Plaintiffs on Plaintiffs' Complaint, jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on the causes of action asserted by Plaintiffs, and further requests that this Honorable Court grant any other relief that it deems just and proper. COUNT II Barbara Stodter v. Rovegno's of Carlisle, Inc. 19. Defendant Barbara Stodter incorporates by reference Paragraphs 1 through 18 of her Joinder Complaint as if more fully set forth at length herein. 20. At all times material to Plaintiffs' Complaint, Additional Defendant Richard Rovegno was acting within the course and scope of his duties as agent, servant and/or employee of Additional Defendant Rovegno's of Carlisle, Inc. 21. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, Additional Defendant Rovegno's of Carlisle, Inc. is vicariously liable to the Plaintiffs for Plaintiffs' alleged injuries to the extent Plaintiffs' alleged injuries are the direct result of Richard Rovegnos' negligent, careless and/or reckless conduct. 22. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, Plaintiffs' damages were legally caused by the negligence, carelessness and/or recklessness of Additional Defendant Richard Rovegno who was acting within the course and scope of his duties as an agent, servant, and/or employee of Additional Defendant Rovegno's of Carlisle, Inc. 23. If the allegations contained in Plaintiffs' Complaint are proven to be true and correct, all such allegations being expressly denied insofar as they relate to Defendant Barbara Stodter, then Additional Defendant Rovegno's of Carlisle, Inc. is solely liable to the Plaintiffs, is jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on the causes of action asserted by Plaintiffs. WHEREFORE, Defendant Barbara Stodter demands judgment against Additional Defendant Rovegno's of Carlisle, Inc. in that it is solely liable to Plaintiffs on Plaintiffs' Complaint, jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on the causes of action asserted by Plaintiffs, and further requests that this Honorable Court grant any other relief that it deems just and proper. COUNT III Barbara Stodter v. Rovegno Properties 24. Defendant Barbara Stodter incorporates by reference Paragraphs I through 23 of her Joinder Complaint as if more fully set forth at length herein. 25. At all times material to Plaintiffs' Complaint, Additional Defendant Richard Rovegno was acting within the course and scope of his duties as agent, servant and/or employee of Additional Defendant Rovegno Properties. 26. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, Additional Defendant Rovegno Properties is vicariously liable to the Plaintiffs for Plaintiffs' alleged injuries to the extent Plaintiffs' alleged injuries are the direct and/or proximate result of Richard Rovegnos' negligent, careless and/or reckless conduct. 27. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, Plaintiffs' damages were legally caused by the negligence, carelessness and/or recklessness of Additional Defendant Richard Rovegno who was acting within the course and scope of his duties as an agent, servant, and/or employee of Additional Defendant Rovegno Properties. 28. If the allegations contained in Plaintiffs' Complaint are proven to be true and correct, all such allegations being expressly denied insofar as they relate to Defendant Barbara Stodter, then Additional Defendant Rovegno Properties is solely liable to the Plaintiffs, jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on causes of action asserted by Plaintiffs. WHEREFORE, Defendant Barbara Stodter demands judgment against Additional Defendant Rovegno Properties in that it is solely liable to Plaintiffs on Plaintiffs' Complaint, jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on the causes of action asserted by Plaintiffs, and further requests that this Honorable Court grant any other relief that it deems just and proper. COUNT IV Barbara Stodter v. Rovegno Real Estate Properties 29. Defendant Barbara Stodter incorporates by reference Paragraphs 1 through 28 of her Joinder Complaint as if more fully set forth at length herein. 30. At all times material to Plaintiffs' Complaint, Additional Defendant Richard Rovegno was acting within the course and scope of his duties as agent, servant and/or employee of Additional Defendant Rovegno Real Estate Properties. 31. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, Additional Defendant Rovegno Real Estate Properties is vicariously liable to the Plaintiffs for Plaintiffs' alleged injuries to the extent Plaintiffs' alleged injuries are the direct result of Richard Rovegnos' negligent, careless and/or reckless conduct. 32. In the event Plaintiffs are entitled to recover damages, the same being expressly denied, Plaintiffs' damages were legally caused by the negligence, carelessness and/or recklessness of Additional Defendant Richard Rovegno who was acting within the course and scope of his duties as an agent, servant, and/or employee of Additional Defendant Rovegno Real Estate Properties. 33. If the allegations contained in Plaintiffs' Complaint are proven to be true and correct, all such allegations being expressly denied insofar as they relate to Defendant Barbara Stodter, then Additional Defendant Rovegno Real Estate Properties is solely liable to the Plaintiffs, is jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on causes of action asserted by Plaintiffs. WHEREFORE, Defendant Barbara Stodter demands judgment against Additional Defendant Rovegno Real Estate Properties in that it is solely liable to Plaintiffs on Plaintiffs' Complaint, is jointly and/or severally liable over to Defendant Barbara Stodter, and/or is liable over to Defendant Barbara Stodter for contribution and/or indemnification on the causes of action asserted by Plaintiffs, and further requests that this Honorable Court grant any other relief that it deems just and proper. Respectfully submitted, Date: All Todd B. Attorney LD Marc A. M Attorney . v squire o. 42136 yer, Esquire . No. 76434 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Counsel for Defendant Barbara Stodter f,k,6;+ 1=ruicis.1. I.-M)Crty. IV, I squire I.D No. 54009. \kctzgen 1-Vicl:erslmni, Kim Liss & Lill. P.C. j21 I.North 1;ront Street. , . Harrisburg, Pa 17110 (717)238-8187 ,Attorney Jor-haintifjs IN THE COURT OF COMN1 101y1 PLF,AS CUMBERLAND COUNTY, PENNSYLVANIA . EUGENI/\.DILL/1,RD IN THE COURT OF CONINION PLEAS and GEORGE DIL•LARD, C.UMBERLAND COUNTY, PENNSYLVANIA individually and as husband and wife CIVIL ACTION. LAW Plaintiff(s) s N.O. C17-7 BARBARA STODTER and DEAN STODTER,.individtaally and as husband and wife, JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Barbara Stodter and Dean Stodter 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 appear'an'ce personally or by attorney and frling'.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 grid a judgment maybe 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 Plaintiffs. You may lose money or property or..otherrights. important to you, - YOU SHOULD TAKE. THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DQ NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE -YOU WITH.-INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCTES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED .FEE OR NO FEE: LAWYER REFERRAL SERVICE 'CUMBERLAND COUNTY BAR* ASSOCIATION 32 S. BEDFORD .STREET CARLISLE, PA 17013 717-249-3166 392766-1 \']so lJSTED 'HA SMO DEMAND:ADO EN LA ('OR 1 E. Si LISIM desca del nderse do his quejas expuestas eri las bAginas- siguientes,'debe tomar accion dentro de veinte (20)"-dias a partir de la techa en que. recibio la demanda y el av-iso.. Usted debe prosentar comparecencia esnta en persona o po abogado y presentar en la Corte por escrito sus detensas- o sus objeciones a las' dclilamlas Cil SU C0111r8. Se le avlsa-que sl no se deliende, el caso pUCde proceder Sin Listed y la ('Orte pUede dccidir cn su contra sin alas ay.iso o notiGcacian p-or'c.ualyuiCr di»et-o rcchimado en la dcmanda o ..•..,por cualquier dinero-reclamado en-la demanda o po eualquier otra queja o,com-pensac16n. reclamados por el Demandiantc. USTED PUEDE PERDER DINERO, 0.PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE" ESTA DEMANDA A UN'. ABOGADO Tl 4N4EDTATAMENTE.' S7 OSTED NO 1 tL-NL; U NO- CONU(- h UN ABODAGU, VA)A U LLAivlL A LA Ok h- 11NA I N LA DIRECCION . ESCRITA ABAJO PARR . AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL: LAWYER REFERRAL SERVICE CUMBERLAND- COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET - .CARLISLE, PA 17013 717-249-31.66 392766-1 ! rangy i<.I' t allrri. I\ --I sciuirc - . 11)._\o. ti4009 \t li r.i, \1 i?krr,h,lnr. h..naUS & l:rh. l'.l . 211 North Fror>t.street Harrisburg, Pa 1711.0 (•7171238_8 187 . =t((urucri )ur f'Irrru(ijjs .. IN I I1F !R I Of ('C)i??IMON PLF:A?+ CUMBERLAND COUNTY, PENNSYLVANIA EUGI"NIA DILLARD 1N THE COURTOF COiNINION PLEAS and GEORGE-DILL-RD,. CUMBERLAND COUNTY, PENNSYLVANIA. individually and as husband and. wife CIVIL ACTION LAW Plaintiff(s) BARBARA STODTER and. DEAN STODTER, itldividuall? and as husband and wife JURY TRIAL DEMANDED COMPLAINT AND`NOW, comes the Plaintiffs, Eugenia' Dillard and'Georae Dillard, bv'and thi-602b their attomey, Metzger, > Wickersham, -Knauss & -Erb; P C., and respectfully' represents the following: 1. Plaintiffs-, Eugenia -Dillard and George Dillard are adult individuals; wbo currently reside at 1940B Fry Loop Avenue.. Carlisle., Cumberland County,,Pennsylvani,a.. 2, Defendants, Barbara Stodter and Dean Stodter. are. adult _individuals residing at 592 Craig Road_,.Carlisle, Cumberland County; Pennsylvania. The facts.and circumstances hereinafter set forth occurred on December.22, 2005, at or about 9:10 p.m., at or near North Spring- Garden Street, Carlisle; Cumberland- County, Pennsylvania. 4. At the aforesaid time,and place;,Pla1. 1. Eugenia Dillard. was the operator of.a 392766-,]. {li)11(1;1I)c,1IIIIL' )Y!illtiVl1I ICC II>c` Ilc' leore t)Illilyd. - ?. At the aforesaid time and. place. Defendant Barbara Stodter was. the operator of a 1`)`:? 1)?>?_I???i?c?uill? Ola?lhc?lll?t I.iccnsc ('late 'N'u. vv])icli w?>s owllc('. [» f??lri,?tra Stodter. 6. On the aforesaid time and place, Plaintiff Eugenia Dillard was traveling on North Shrin Gxu"dcn Street in Carlisle,Pe»nsv}vania and had slowed her vehicle incaution of the snMv - c(-)\ crcd rioadx ,av. . 7. On the aforesaid time and. place, Defendaiit.Barbara Stodter was. traveling directly, bchind Plaintiff:. .8. At the aforesaid time and date,. Defendant failed ..to.slow her vehicfe.and violently . struck the rear of Plaintiff s vehicle. 2. As a result of the aforesaid accident and collision,_Plaintiff.Eu0enia Dit,tard, sustained various personal injures inc.ludin--, .bait not limited to, , left.paracentral disc bulge at T7- T8 level, left lower mid -thoracic pain, thoracic-lurrib.ar sprain, rib 'dysfunction secondary to thoracic herniations at T7-T8, occasional radicular symptoms, thoracic paraspinal spasm, left thoracic radiculopathy, thoracic tenderness;. burning of the thighs and legs-, headaches, pain when breathing, blurred vision; pain in sitting; acid`standing, muscle spasms; back pain;aprain ribs,. rib pain, and.other injuries. 10: As a result of the aforesaid. accident and collision; Plaintiff, Eugenia Dillard, has incurred i various medical expenses for physicians, medical supplies, medication, therapy, and other medical . treatment, and she will in the. future'continue to incur such medical expeilses. 3927GG-I - C111ot1nnal 111d 111e,11ull distress and an_(Uldh, ellllMITl ISS11Tent. dild 11CIIlllll,ll1011L X111(1 \V,III 111 tht 1LM11-C conlimic to Lllldergo such rnewal d1Stl-CSS, a-11yLIlS11. elllhan-assnlew. and hL1111dlatloll. „11 r?sui! ul ih? ai<r,csaid a???u?nl a1id under-0110 much pain, suffcrino, inconvenience, loss ofenjoynment of'1ile, and loss of life's pleastu-es, and will in the future continue to suffer such losses. As a result of the aforesaid Accident anCi injuries, PIMM11'1; L;uh,?cllia Dillard C011MILLes to suffer Crony residual p roblenis front .ill of her injuries. COUNT L Eugenia Dillard .vs. Barbara Stodter and Dean Stodter 14. Proceeding paragraphs 1 through 13 are incorI)oratcd herein by reference and nla?i? t1 part 1 5. -The collision occurred solely.. as a result of the negligence,` carelessness, and recklessness of the Defendant:and-was due in no. manner:, to. any, act,-or.failure to.act, on the part of the Plaintiff. 1.6. Defendant owed a duty to operate her vehicle in such .a way as to not cause harni or damage to other persons and to the Plaintiff in particular: " 17, The ilegliL,,ence, carelessness aild recklessness of 'the Defendant consisted of the following. . (a) Failing to slow:or stop the vehicle she was operating' so as to avoid a.. rear-end collision; _ ,. (b) In operating. the vehicle at, an excessive rate of speed under the circumstances; (d) Operating her- vehicle in- careless -disregard for the safety of persons and/or.property;. 392766-I (e) Following too closely; 11) In I'aiiing, to apph; the brakes to the vehicle she vvas operating or take otim. yv asly C acUoll to itl oid a colil,loll Al ill] thk. ,_1r of Lhi A ?Iill_1? III Front of he]-- (g) Driving at. a speed greater than is reasonable and prudent under the conditions and not having regard for the actual and potential hazards them existin, anal at a speed greater than will pcnnit lice- to have; brought her vehicle to a stop within the a?surcd clc,u- distance ahead; (h) 11,1 failin.6 'to give xvarning,l to Plitintiff T:tl enia Dillard 'of jaer inlpcrlding Colli,,loll vy Ith.tilC veluciC in Iront 01 ik:l; - (1) In failing to observe vehicles oil. the roadway, (j) In failing to operate her vehicle in accordance wvlth existing traffic conditions; (k) In failing to drive at a speed and - in the manner that would allow Defendant to stop \N ithin the assured clear distance alicad; (1) I Tailing to keep alert and maintain a prap.er.l.ookout for the presence of other moto, vehicles on the streets and hip*li\wavs; I (m) In failing to keep her vehicle finder proper and adequate control so as not to expose other users to an unreasonable risk o.f harni; (n) Otherwise operating her vehicle at an unsafe speed; and (o) Rcar endinvL, the vehicle in fi-ont of her. 18. Defendants, Barbara Stodter and DeanStodter are liable to Plaintiff for all"of those damages:susfained by Plaintiff, as set forth in the preceding paragraphs. 3927GG- I .. 1 compulsory arbitration, plus costs. COUNT''II George Dillard. v. Barbara Stodter and Dean Stodter 1 `). Proccedint' paca?raphs 1 through 18 are incorporated heroin by rcl.ercnce and .made a part hereof. 2o. By reasonol'thc accident and injuries to his vv iCC, Plaintiff George Dillard has suffered a loss of companionship, loss of services, loss of society, and loss of consortium, and he will in the future continue to suffer such losses. 21. Defendants Bat-bara Stodter and Dean Stodter arc liable i'r Plaint*fFs.losses. WHEREFORE Plaintiff, George Dillard, demands judgment a,ainst Defendants, Barbaro Stodter and Dean Stodter, in an amount exceedin that requiring submission to compulsory, arbitration, plus costs. METZGER, WICKFERSHAM, KNAUSS & ERB, P.C. By Fr cis J: Laff y, squi're' I.D. No. 84009... 3211 North Front Street P.O. Box 5300 Harrisburg, PA 171,10-0300 (717) 238-8187 . -Date: ,? /?/mar Attomey-forPlaintiffs ..392766-1 f f? ? ( I.h 11I I( \ I I. M, "I RN 1( I sen cd a true and correct copy of' the loreeoim-, documcnt u poll lollowiuf, Ixrn ? persons at thr follu» ing, addresses Indicated helovv by sending same in the t!IUted )talcs maul. lust-class- posta'-,c prepaid: Barbara Stodter and Dean Stodter do Marc Mover. Esquire IJ-I(_MAAS. 'I I IOiNAA,'S &, I1:A1 F;K ?U5 N. Front Streci P.O. Box 999 1-h1-1-1 sbLlI PA I7IOS Dated Melanie.L Kafk'' _ Ex kibl+,B VERIFICATION I, Barbara Stodter, state that I have read the foregoing JOINDER COMPLAINT OF DEFENDANT BARBARA STODTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief. although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements. I may be subject to criminal penalties. J// y Dater Barbara Stodter CERTIFICATE OF SERVICE On this cll? day of April 2008, I, Jennifer L. Deitch, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing document upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 ennifer L. Deitch 582641.1 2 -l Y'O ._? J ., `-.?-r y..,..fi l._?} w. ' .? L. } ? CASE NO: 2007-07535 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARPARA ET AL R. Thomas Kline , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon ROVEGNO RICNARD the ADD'TL DEFEND. , at 0910:00 HOURS, on the 28th day of April , 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17015 by handing to RICHARD ROVEGNO a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 -J Service .00 ?- Postage .75 Surcharge 10.00 R. Thomas Klin 51d9/DF' .00 28.75 05/05/2008 THOMAS THOMAS HAFER Sworn and Sulbscibed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland Ckounty,Pennsylvania, who being duly sworn according to.law, says, the within COMPLAINT JOINING ADDL ROVEGNOS OF 'CARLISLE INC the ADD'TL DEFEND. , at 0910:00 HOURS, on the 28th day of April 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to RICHARD ROV§GNO, PRESIDENT a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge s/,lay So Answers: 6.00 - _?_ - - .00 .00% 10.00 R. Thomas Kline .00- 16.00 05/05/2008 THOMAS THOMAS HAFER Sworn and Sulbscibed to before me this day of , A. D. was served upon CASE NO: 2007-07535 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUG§NIA ET AL VS STODTER BARJARA ET AL R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the w thin COMPLAINT JOINING ADDL was served upon ROVEGNO REAL ESTATE PROPERTIES the ADD'TL DEFET at CUMB CARLISLE, P RICHARD ROVE a true and attested copy of COMPLAINT JOINING ADDL together with e time directing His attention to the contents thereof. and at the =ments Additional CORRECT NAM$ OF BUSINESS IS ROVEGNO READ, ESTATE PARTNERSHIP Sheriff's Casts: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 507 ?DP ?/ 16.00 ?I Sworn and S4bscibed to before me this day of , , at 0910:00 HOURS, on the 28th day of April 2008 CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE 17013 by handing to PARTNER So Answers: R. Thomas Kline 05/05/2008 THOMAS THOMAS HAFER A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BAROARA ET AL R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland dounty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon ROVEGNO PROPERTIES the ADD'TL _, at 0910:00 HOURS, on the 28th day of April , 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, P. 17013 by handing to RICHARD ROVaGNO, OWNER a true and attested copy of COMPLAINT JOINING ADDL together with and at the ?ame time directing His attention to the contents thereof. Sheriff's Casts: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 56,4 ??,... ? 16.00 Sworn and Sulbscibed to before me this day So Answers: Thomas Klin 05/05/2008 THOMAS THOMAS HAFER of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD EUGENIA ET AL VS STODTER BARBARA ET AL MICHEAL BARRRICK , Sheriff or Deputy Sheriff of Cumberland Cbunty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL DILLARD EUGENIA was served upon ADD'TL DEFEN the at 1557:00 HOURS, on the 2nd day of May , 2008 at 1940-B FRY LOOP AVENUE CARLISLE, PA 17013 by handing to EUGENIA DILL! ,RD a true and attested copy of COMPLAINT JOINING ADDL together with and at the dame time directing Her attention to the contents thereof. I Sheriff's Costs: So Answers: Docketing 6.00 Service 5.00 ' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 3w?l0 b 21.00 05/05/2008 ////'' THOMAS THOMAS H&14 Sworn and Sulbscibed to By., before me this day ?f Deputy `Sheri of A. D. Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Hamsburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD IN THE COURT OF COMMON PLEAS and GEORGE DILLARD, CUMBERLAND COUNTY, PENNSYLVANIA individually and as husband and wife CIVIL ACTION - LAW Plaintiff(s) VS. NO. 07-7535 BARBARA STODTER and DEAN STODTER, individually and as husband and wife, JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 22. Conclusions of law, no reply required. 23. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff's Complaint states claims and causes of action against answering Defendant upon which relief can be granted. 24. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 25. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of 397590-1 further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 26. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). 27. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 28. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 29. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 30. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 31. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 32. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 397590-1 33. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 34. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 35. Denied. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 36. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 37. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 38. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 39. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 40. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 397590-1 41. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 42. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 43. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 44. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 45. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 46. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 47. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 48. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 49. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). 50. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 397590-] WHEREFORE, Plaintiffs Eugenia Dillard and George Dillard demand that Defendant's New Matter be dismissed and that judgment be entered in Plaintiffs' favor and against Defendant as requested in the Complaint filed in this action. METZGER, WICKF?Bf3", KNAUSS & ERB, P.C. By , Esquire I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: SI Z' 06 Attorney for Plaintiffs 397590-1 VERIFICATION I, Eugenia Dillard, do hereby verify that the facts set forth in the foregoing Reply are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. _a? Date: '`'? ? Eugenia lard 397590-1 VERIFICATION I, George Dillard, do hereby verify that the facts set forth in the foregoing Reply are true and correct to the best of my personal knowledge or information and belief. 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: ff `?a1? teorge i lard 397590-1 CERTIFICATE OF SERVICE I, Melanie L. Kirk, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Reply to Defendant's New Matter with to, day of May, 2008 on reference to the foregoing action by first class mail, postage prepaid, this the following: Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melanie L. Kirk 397590-1 r°- t r Ca G Thomas, Thomas & Hafer, LLP Todd B. Narvd, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct nnnoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife, Plaintiffs CIVIL ACTION - LAW : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants : JURY TRIAL DEMANDED V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants CERTIFICATE PREREQUISITE TO SERVICE Ofr SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about March 12, 2009 to serve subpoenas upon Carlisle Regional Medical Center, Spring Road Family Practice, HealthSouth Rehabilitation of Mechanicsburg, Conservative Orthopedics, Pinnacle Health, The Hetrick Center, Susquehanna Valley Pain Management, Safe Auto, Goodwill Fire and Rescue, Tamara T. Brewer and Pizza Queen. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these subpoenas has been waived by counsel for Plaintiff, as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, Date: March 17, 2009 By: THOMAS, THOMAS & HAFER, LLP MARC A. M R, ESQUIRE Attorney I. . No. 76434 COUNS FOR DEFENDANT 678307.1 Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol a tthl.aw.com (717) 441-3960 - direct mmcver@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Barbara Stodter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife, Plaintiffs NO. 07-7535 v. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants N7 RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon Carlisle Regional Medical Center, Spring Road Family Practice, HealthSouth Rehabilitation of Mechanicsburg, Conservative Orthopedics, Pinnacle Health, The Hetrick Center, Susquehanna Valley Pain Management, Safe Auto, Goodwill Fire and Rescue, Tamara T. Brewer and Pizza Queen. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, March ( ?- '2009 2 THOMAS, THOMAS & HAFER, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT'TO RULE 4009.22 TO: Carlisle Regional Medical Center, 246 Parker Street, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file re arding Eugenia Dillard (DOB 6/18/52) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e.. x-rays, MRIs. CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Suring Road Family Practice, 1921 Suring Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Eugenia Dillard (DOB 6/18/52) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda hospital records/reports physical therapy records/reports radiological reports and films (i.e., x-rays MRIs CT scans etc) prescriptions telephone call messages correspondence psychological and/or psychiatric records reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Rehabilitation of Mechanicsburg, 175 Lancaster Blvd., Mechanicsburs, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Eugenia Dillard (DOB 6/18/52) includine but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.). prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Conservative Orthopedics, 40 Brookwood Avenue, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file rewarding Eugenia Dillard (DOB 6/18/52) including but not _limited to: office . notes. doctor's records/reports/correspondence/notes/memoranda, hospital records/reports. physical therapy records/reports, radiological reports and films (i.e. x-rays MRIs CT scans etc.), prescriptions telephone call messages, correspondence, psychological and/or psychiatric records reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs CIVIL ACTION - LAW : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health, Ill S. Front Street, Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding EuLyenia Dillard (DOB 6/18/52) including- but not limited to: office notes,:. doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.).. prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#, : 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife Plaintiffs : CIVIL ACTION - LAW NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Hetrick Center, 6481 Carlisle Pike, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Eugenia Dillard (DOB . 6/18/52) including but not _limited to: office notes,.. doctor's records/reports/correspondence/notes/memoranda. hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-ravs. MRls, CT scans. etc.), prescriptions telephone call messages. correspondence, psychological and/or psychiatric records reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Deputy Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Manazement, 825 Sir Thomas Court, Harrisburz, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Eugenia Dillard _(DOB 6/18/52) including but not limited to: office notes. doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical theMy records/reports. radiological reports and films (i.e., x-rays, MRIs. CT scans, etc.), prescriptions telephone call messages. correspondence, psychological and/or psychiatric records reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Safe Auto, 3883 E. Broad Street, Columbus, Ohio 43213-1129 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all claims file materials. including but not limited to medical records. log notes, claims information payout information and all other documents without limitation. with resyect to Eugenia Dillard (DOB 6/18/52) for DOL 12/22/05: Policy No. PA00336040A-00. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs : NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, . JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Goodwill Fire and Rescue, 102 West Ridze Street, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Eugenia Dillard_ MOB 6/18/52) including but not limited to: office notes= doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages. correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID4: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tamara T. Brewer, 1239 West Trindle Road, Mechanicsburs, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire employment/personnel file regarding Eugenia Dillard (DOB 6/18/52) including but not limited to: all medical records, correspondence, notes, payroll slips, wage information, application for employment. grievances, performance reviews, job description.. documents prepared for any and all accidents involving Plaintiff while working, W2s. all worker's compensation documents, etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pizza Oueen, 724 N. Hanover Street, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire employment/Rersonnel file regarding Eugenia Dillard (DOB 6/18/52) including but not limited to: all medical records. correspondence notes payroll slips wage information application for emplo moment grievances performance reviews. job description, documents prepared for any and all accidents involving Plaintiff while working. W2s. all worker's compensation documents. etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on 1 (`C"1 1 the day of March 2009, on all counsel of record as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211. North Front Street Harrisburg, PA 17110-0300 Attorney for Plaintiffs Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorney for Additional Defendant Eugenia Dillard Jeffrey J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno's of Carlisle, Inc. Rovegno Properties and Rovegno Real Estate Properties THOMAS, Tlis}M,AS & HAFER, LLP March L. 2009 Renee K. Coonradt, Paralegal for Marc A. Moyer, Esquire 676218.1 03/18/2009 13:17 FAX 7172349478 XWK&E HGB PA IM003/004 THOMAS., THOMAS 1, Francis J. Lafferty-, Esq., counsel for Plaintiffs do hezeb? agree to vvanc the 20 Day Notice of Intent rule aUovcing counsel for Defead=ts to issue a subpoena to Ca Ark Rgiona/Meaic Center, Spring Road Foxi# Practice, Hea4hSartth Rebabilitatian of Adecharriarkel, Canrc?w4 w 0 Z Pmna& Health, The Hetrick Center, Su-gmehanna 'Vat, Fair.11?lana?en rnr, Safi Auto. GoodWY Fill u .rcxe. Tamara T. Braw and Piz 02»een. DATE: /L M;AM= 6762{4.11 Enclosures Smart. Resourceful. C RTWICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HATER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Counsel for Plaintiff Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno's of Carlisle, Inc., Rovegno Properties and Rovegno Real Estate Properties Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorney for Additional Defendant Eugenia Dillard THOMAS, THOMAS & HAFER, LLP Date: ?11r) IL RENEE K. COONRADT, PARALEGAL r-n c JZ V, Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Mover, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Barbara Stodter GREGORY J. ROHRER, Individually and as Administrator of The ESTATE OF EUGENE ROHRER, Plaintiffs V. BARBARA STODTER, Individually, Defendant V. EUGENIA DILLARD; RICHARD ROVEGNO, ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife, Plaintiffs V. BARBARA STODTER, Individually Defendant V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7501 CIVIL ACTION -LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7535 V CIVIL ACTION - LAW JURY TRIAL DEMANDED r APPLICATION OF DEFENDANT BARBARA STODTER FOR DISCOVERY STATUS CONFERENCE AND NOW, comes Defendant Barbara Stodter, by and through her counsel, Thomas, Thomas & Hafer, LLP, to file her Application for Discovery Status Conference and, in support thereof, avers as follows: 1. These matters arise out of a December 22, 2005 automobile accident (the "Accident") between an automobile driven by Plaintiff/Additional Defendant Eugenia Dillard and a vehicle driven by Defendant Barbara Stodter, on North Spring Garden Street, Carlisle, Pennsylvania. 2. It is believed the December 22, 2005 Accident occurred on an isolated patch of ice/snow created by Additional Defendant Richard Rovegno on the evening of the Accident. 3. Plaintiff Rohrer initiated suit at Docket No. 07-7501 by Writ of Summons filed on December 14, 2007. Plaintiff Rohrer, thereafter, filed his Complaint on February 28, 2008. 4. Plaintiff Dillard initiated suit at Docket No. 07-7535 by Writ of Summons filed on December 17, 2007. Plaintiff Dillard, thereafter, filed her Complaint on February 20, 2008. 5. By Order dated April 4, 2008, this Court dismissed Dean Stodter from each of the above-referenced matters. 6. On April 24, 2008, Defendant Barbara Stodter filed Joinder Complaints in each action naming Richard Rovegno, Rovegno's of Carlisle, Inc., Rovegno Properties, and Rovegno Real Estate Properties as Additional Defendants. 7. Defendant Barbara Stodter further named Plaintiff Eugenia Dillard as an Additional Defendant in the Rohrer v. Stodter action, Docket No. 07-7501. 8. The pleadings in the Dillard v. Stodter matter were closed on May 12, 2008, and the pleadings in the Rohrer v. Stodter matter were closed on June 12, 2008. 2 9. Written discovery has been exchanged between the Parties, and Plaintiffs' medical records are currently under subpoena. 10. Despite numerous attempts by counsel to schedule depositions of the Investigating Police Officers and the Parties, counsel has been unable to schedule the depositions on dates which are mutually convenient to all Parties. 11. Based upon counsels' inability to schedule depositions, Defendant Barbara Stodter respectfully seeks a discovery status conference for the purpose of discussing the status of discovery, the scheduling of depositions, and the promulgation of a discovery scheduling order. 12. Undersigned counsel has obtained the concurrence of all counsel of record for the filing of this Application. WHEREFORE, Defendant Barbara Stodter respectfully requests that this Honorable Court schedule a discovery status conference for the purpose of addressing the status of discovery, the scheduling of depositions, and the promulgation of a discovery scheduling order. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 01 Todd B. N ol, Esquire Attorney . No. 42136 Marc A. oyer, Esquire Attorney I.D. No. 76434 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Attorneys for Defendant Barbara Stodter CERTIFICATE OF SERVICE On this day of April, 2009, I, Jennifer L. Deitch, legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the APPLICATION OF DEFENDANT BARBARA STODTER FOR DISCOVERY STATUS CONFERENCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorneys for Additional Defendant Eugenia Dillard Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiff Jeffrey J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 341 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno 's of Carlisle, Inc. Rovegno Properties and Rovegno Real Estate Properties Jennifer . Deitch :686971.1 4 HE 13' 2099 APB 2G PM I: 4j- s „r ^er` 1;'k ??. 3 t- % Thomas. rhonias & Hafer, LLP Todd B. Narvol, Esquire Attorney- :.D. No. 42136 Marc A. Mo}e:, Esquire Attomei 1 D. No 76434 305 N. Front Street 1'.O. Box 999 Harrisburg, PA 17108 GREGORY J. ROHRER, Individually and as Administrator of The ESTATE OF EUGENE ROHRER, Plaintiffs v. BARBARA STODTER, Individually, Defendant V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife, Plaintiffs V. BARBARA STODTER, Individually Defendant V. RICHARD ROVEGNO: ROVEGNO' S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Barbara Stodter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7501 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7535 CIVIL ACTION - LAW : JURY TRIAL DEMANDED AMENDED APPLICATION OF DEFENDANT BARBARA STODTER FOR DISCOVERY STATUS CONFERENCE AND NOW, comes Defendant Barbara Stodter, by and through her counsel, Thomas, Thomas & Hafer, LLP, to file her Amended Application for Discovery Status Conference and, in support thereof, avers as follows: These matters arise out of a December 22, 2005 automobile accident (the "Accident") between an automobile driven by Plaintiff/Additional Defendant Eugenia Dillard and a vehicle driven by Defendant Barbara Stodter, on North Spring Garden Street, Carlisle, Pennsylvania. 2. It is believed the December 22, 2005 Accident occurred on an isolated patch of ice/snow created by Additional Defendant Richard Rovegno on the evening of the Accident. 3. Plaintiff Rohrer initiated suit at Docket No. 07-7501 by Writ of Summons filed on December 14. 2007. Plaintiff Rohrer, thereafter, filed his Complaint on February 28, 2008. 4. Plaintiff Dillard initiated suit at Docket No. 07-7535 by Writ of Summons filed on December 17, 2007. Plaintiff Dillard, thereafter, filed her Complaint on February 20, 2008. 5. By Order dated April 4, 2008, this Court dismissed Dean Stodter from each of the above-referenced matters. 6. On April 24, 2008, Defendant Barbara Stodter filed Joinder Complaints in each action naming Richard Rovegno, Rovegno's of Carlisle, Inc., Rovegno Properties, and Rovegno Real Estate Properties as Additional Defendants. 7. Defendant Barbara Stodter further named Plaintiff Eugenia Dillard as an Additional Defendant in the Rohrer v. Stodter action, Docket No. 07-7501. 8. The pleadings in the Dillard v. Stodter inatter were closed on May 12, 2008, and the pleadings in the Rohrer v. Stodter matter were closed on June 12, 2008. 11 9. Written discovery has been exchanged between the Parties, and Plaintiffs' medical records are currently under subpoena. 10. Despite numerous attempts by counsel to schedule depositions of the Investigating Police Officers and the Parties, counsel has been unable to schedule the depositions on dates which are mutually convenient to all Parties. 11. Based upon counsels' inability to schedule depositions, Defendant Barbara Stodter respectfully seeks a discovery status conference for the purpose of discussing the status of discovery, the scheduling of depositions, and the promulgation of a discovery scheduling order. 12. Undersigned counsel has obtained the concurrence of all counsel of record for the filing of this Application. 13. No Judge has ruled upon any other issue in this case. WHEREFORE, Defendant Barbara Stodter respectfully requests that this Honorable Court schedule a discovery status conference for the purpose of addressing the status of discovery, the scheduling of depositions, and the promulgation of a discovery scheduling order. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 5-- (-/'O j Krvol, Esquire .D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Attornevs for Defendant Barbara Stodter • . 1 . CERTIFICATE OF SERVICE On this `f t"day of May, 2009, I, Jennifer L. Deitch, legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the AMENDED APPLICATION OF DEFENDANT BARBARA STODTER FOR DISCOVERY STATUS CONFERENCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower. Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorneys for Additional Defendant Eugenia Dillard Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiff Jeffrey J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno's of Carlisle. Inc. Rovegno Properties and Rovegno Real Estate Properties ? I , I?C;u 'p, JM4??-w (-Jennifer . Deitch :686871.1 4 RED-OFFICE OF THE P.90TH tOTARY 2009 MAY w6 PM l: 25 COUNTY PEE-N SYl.VANIA GREGORY J. ROHRER, Individually and as Administrator of The ESTATE OF EUGENE ROHRER, Plaintiffs MAY 0 7 20096 IN THE COURT OF COMMON PL)= A.S OF CUMBERLAND COUNTY, PENNS?'[-VANIA V. BARBARA STODTER, Individually, Defendant NO. 07-7501 V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants EUGENIA D:ILLARD and GEORGE DILLARD, Individually and as Husband and Wife, Plaintiffs V. BARBARA STODTER, Individually Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED INT THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY[.VANIA NO. 07-7535 V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this /o?-4 day of OAdjd- 2009, upon consideration of Defendant's, Barbara Stodter, Application for Discovery Status Conference, it is hereby ORDERED that a discovery status conference will be held at 3 :Gy p.m. on2009, in I BY THE COURT. N "'" C ? .? F,,,. ?"' ...,- 5 ? • ? ?t. ,? ? ?•- _.r ?i M t? ? ? ? , ? si;. r r? Distribution to: ,IAttornev for Plaintiff. Francis J. Lafferty, IV, Esquire, Metzger, Wickersham, Knauss & Erb, P.C., P.O. Box 5300, 3211 North Front Street, Harrisburg, PA 17110-0300, Phone: (717) 238- 8187, Fax: (717) 234-9478 /ttomey for Defendant: Marc A., Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108, Phone: (717) 441-3960, Fax: (717) 237-7105 /ttorney for Additional Defendant Dillard: Jeffrey C. Catanzarite, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, Gulf Tower, Suite 2400, 707 Grant Street, Pittsburgh, PA 15219, Phone: (412) 261-3232, Fax: (412) 261-.3 /Attorney for Additional Defendants Rovegno: Jefferson J. Shipman, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109, Phone: (717) 761-4540, Fax: (717) 761-3015 P :688610.1 GREGORY J. ROHRER, IN THE COURT OF COMMON PLEAS OF Individually and as CUMBERLAND COUNTY, PENNSYLVANIA Administrator of the ESTATE Of EUGENE CIVIL ACTION - LAW ROHRER, NO. 07-7501 Plaintiffs V. BARBARA STODTER, Individually, Defendant V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Addl. Defendants EUGENIA DILLARD and IN THE COURT OF COMMON PLEAS OF GEORGE DILLARD, CUMBERLAND COUNTY, PENNSYLVANIA Individually and as Husband and Wife, CIVIL ACTION - LAW Plaintiffs NO. 07-7535,/ V. BARBARA STODTER, Individually Defendant V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Addl. Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 5th day of June, 2009, this matter having been called for a conference, it is ordered and directed that counsel adhere to the following case management order: NO. 07-7501 & NO. 07-7535 1. All parties shall make themselves available for deposition no later than September 30th, 2009. 2. Plaintiffs' expert reports shall be produced to all parties no later than October 31st, 2009. 3. An independent medical examination of plaintiffs shall be completed no later than November 15th, 2009. 4. Defendants' expert reports shall be produced no later than December 31st, 2009. Andrew Norfleet, Esquire Attorney for Plaintiff Zarc A. Moyer, Esquire Attorney for Defendant ./?Ohn Lucy, Esquire Attorney for Defendant Dillard ,,.,4efferson J. Shipman, Esquire Attorney for Defendants Rovegno bg 12 T. I ivs m?- ,Ua. By the Court, Kevin A. Hess, J. rom Oki Prkmdiat? )mj N fu -? fim ll . 3 OuMhtrlw N6 uvN+9 PA WMa44." ate, Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants : CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about September 28, 2009, to serve subpoenas upon Walnut Bottom Radiology and Magnetic Imaging Center. 2. A true and correct file copy of the Notice of Intent, including copies of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these subpoenas has been waived by counsel for Plaintiffs, as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: MU -I B Y• MARC A. MOYE , E QUIRE Attorney I.D. No. 34 COUNSEL FOR DEFENDANT 678307.2 Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvolCalthlaw.com (717) 441-3960 - direct mmoyer@tthlaw. coin (717) 237-7105 - fax Attorneys for Defendant Barbara Stodter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife, Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, Defendants JURY TRIAL DEMANDED V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants NOTICE OF INTENT TO ISSUE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon Walnut Bottom Radiology and Magnetic Imaging Center. You have twenty (2o) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date' Iff MA A. MOYER, E T'kg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and : GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center, 4665 Trindle Rd., Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copies of the x-rav films for the 10/9/06 and 9/26/07 MRI of the thoracic spine for Eugenia Dillard (DOB 6/18/52). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID4: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL ACTION - LAW Husband and Wife Plaintiffs NO. 07-7535 V. BARBARA STODTER and DEAN STODTER, Individually and as Husband and Wife, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology, 850 Walnut Bottom Rd., Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: copies of the radiology films for the 9/19/08 thoracic MRI of Eugenia Dillard (DOB 6/18/52). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by deposit' the same in the Unitell States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of? 0 9, on all counsel of record as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorney for Plaintiffs Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorney for Additional Defendant Eugenia Dillard Jeffrey J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno's of Carlisle, Inc. Rovegno Properties and Rovegno Real Estate Properties T OMAS, THOMAS & HAFER, LLP Date: R ee K. Coonradt, Paralegal for Marc A. Moyer, Esquire 676218.2 3 Tj hi "L September 30, 2009 Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Re: Dillard v. Stodter et al. No. 07-7535; Cumberland County, Pa. Dear Attorney Moyer: 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Lancaster Shippensburg 717-431-0138 717-530-7515 Wilkes-Barre York 570-825-7500 717-843-0502 Enclosed is the executed waiver of the 20 day notice period, with regard to the Notice of Intent to Serve Subpoena on Walnut Bottom Radiology. Please feel free to contact us should you have any questions or require further information. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melanie L. Kirk Paralegal /mlk Enclosure cc: Jefferson J. Shipman, Esq. (w/o encl.) Jeffrey C. Catanzarite, Esq. (w/o encl.) 428162-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty, IV Andrew W. Norfleet Michael J. Boone Robert P. Grubb Of Counsel Board Certified in civil trial lau, and advocacy by the National Board ..!T :..1 A.J..,...---I THOMAS, THOMAS & HAFER 1.1,P I, Francis J. Lafferty, Esq., counsel for Plaintiffs do hereby agree to wai-%7e the 20 Day Notice of Intent rule allowing counsel for Defendants to issue a subpoena to Valj ?? Radiology and Magnetic Imaging Center. DATE: 7-11r1f Fr- f, RKC/cas 676?34.4 Enclosures F Smart. Resourceful. CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Counsel for Plaintiff Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno 's of Carlisle, Inc., Rovegno Properties and Rovegno Real Estate Properties Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel. LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorney for Additional Defendant Eugenia Dillard THOMAS, THOMAS & HAFER, LLP Date: V l RENEE K. COONRADT, PARALEGAL FILED-C';, "C "'E OF T'1E R?^; HI-I'NOTAPY 2009 OCT -8 PM 2= 4 5 ?? i 1?f EUGENIA DILLARD and GEORGE DILLARD, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA STODTER, : NO. 07-7535 Defendant V. CIVIL ACTION LAW RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES;: and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JURY TRIAL DEMANDED GREGORY J. ROHRER, Individually and as Administrator of The ESTATE OF EUGENE ROHRER Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA STODTER, Defendant V. NO. 07-7501 CIVIL ACTION -LAW EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO' S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JURY TRIAL DEMANDED MOTION TO CONSOLIDATE OF DEFENDANT BARBARA STODTER AND NOW, comes Moving Defendant, Barbara Stodter, by and through her counsel, Thomas, Thomas & Hafer, LLP, to hereby file this Motion to Consolidate matters docketed at No. 07-7535 and 07-7501 into Docket No. 07-7535, and in support thereof, avers as follows: This matter arises from a motor vehicle accident that occurred on December 22, 2005, on North Spring Garden Street, Carlisle, Pennsylvania. 2. Plaintiff at Docket No. 07-7535, Eugenia Dillard, was operating a motor vehicle northbound on North Spring Garden Street when she encountered ice and snow which had been placed onto the road by Additional Defendant Richard Rovegno. Upon encountering the ice and snow placed on the road, Eugenia Dillard slowed/stopped her vehicle, and was struck from behind by Defendant Barbara Stodter, allegedly causing certain injuries as set forth in Plaintiffs' Complaint at Docket No. 07-7535. 4. Plaintiffs Decedent at Docket No. 07-7501, Eugene Rohrer, was a front-seat passenger in the vehicle being operated by Eugenia Dillard at the time of the accident, and allegedly sustained certain injuries as set forth in Plaintiffs Complaint in that matter. 5. Plaintiffs Eugenia Dillard and George Dillard initiated suit at Docket No. 07-7535 by Writ of Summons filed on December 17, 2007. Plaintiffs, thereafter, filed their Complaint on February 20, 2008. 6. Plaintiff Gregory J. Rohrer, individually and as Administrator of the Estate of Eugene Rohrer, initiated suit at Docket No. 07-7501 by Writ of Summons on December 14, 2007. Plaintiff, thereafter, filed his Complaint on February 28, 2008. 7. On April 24, 2008, Defendant Barbara Stodter joined Additional Defendants Richard Rovegno, Rovegno's of Carlisle, Inc., Rovegno Properties, and Rovegno Real Estate Properties at Docket No. 07-7535 and Docket No. 07-7501. Defendant Barbara Stodter similarly joined Eugenia Dillard as an Additional Defendant at Docket No. 07-7501. 8. The allegations set forth in Plaintiffs' Complaints and in Barbara Stodter's Joinder Complaints involve common questions of law and fact and arise from the same December 22, 2005 automobile accident. 9. The claims against Defendant Barbara Stodter at Docket Nos. 07-7535 and 07- 7501 sound in negligence for negligent operation of her motor vehicle. 10. The claims against Additional Defendants Richard Rovegno, Rovegno's of Carlisle, Inc., Rovegno Properties, and Rovegno Real Estate Properties similarly sound in negligence based upon the Additional Defendants' alleged negligence in placing ice and snow on Spring Garden Street prior to the accident. 11. The claims against Plaintiff/Additional Defendant Eugenia Dillard sound in negligence for the negligent operation of her motor vehicle. 12. Pursuant to Pa.R.Civ.P. 213, actions pending in a county which involve common questions of law and fact, or which arise from the same transaction or current may be consolidated. 13. Consolidation of the separation actions should occur to avoid multiplicity of trials and to reduce the expenses to the Parties. Corbett v. Weisbend, 380 Pa. Super. 292, 316-17, 551 A.2d 1059, 1071 (1988). 14. The decision to consolidate the matters is within the sound discretion of the trial court. Mallard v. Sladeck, 381 Pa. 85, 90, 112 A.2d 156, 159 (1955); Corbett v. Weisbend, 380 Pa. Super. 316,551 A.2d 1071. 15. By way of correspondence dated July 23, 2009, undersigned counsel has sought the concurrence of all Parties with this Motion. 16. All Parties concur with the Motion. WHEREFORE, Defendant Barbara Stodter, respectfully requests that this Honorable Court grant her Motion to Consolidate the cases docketed at Nos. 07-7535 and 07-7501 into Docket No. 07-7535 because the cases arise from the same occurrence and involve common questions of law and fact. Respectfully submitted, THOMAS, THOMAS & HAFER., LLP Z? cz Z.Nairvol, yer, Esquire Atto. 76434 Tod Esquire Attorney I.D. No. 42136 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendant Barbara Stodter CERTIFICATE OF SERVICE f-h On this C 0 day of November, 2009, I, Jennifer L. Deitch, legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the MOTION TO CONSOLIDATE OF DEFENDANT BARBARA STODTER upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street _ Harrisburg, PA 17110-0300 Attorney for Plaintiffs Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Attorney for Additional Defendant Eugenia Dillard Jeffrey J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants Richard Rovegno, Rovegno 's of Carlisle, Inc., Rovegno Properties and Rovegno Real Estate Properties Jenni L. Deitch :717764.1 F1L L 2G03fit, `I 13 IA? „ . : i`` ,.) :.ar ti =t NOV 6 2009 (,;7 EUGENIA DILLARD and IN THE COURT OF COMMON PLEAS OF GEORGE DILLARD, Individually and as CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife, : Plaintiffs V. BARBARA STODTER, Defendant NO. 07-7535 V. CIVIL ACTION LAW RICHARD ROVEGNO; ROVEGNO'S OF : CARLISLE, INC.; ROVEGNO PROPERTIES;: and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JURY TRIAL DEMANDED GREGORY J. ROHRER, Individually and as Administrator of The ESTATE OF EUGENE ROHRER Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA STODTER, Defendant V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants NO. 07-7501 CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW, this _L6-s--&y of A)ar3 ,,,, LEa , 2009, upon consideration of Defendant Barbara Stodter's Motion to Consolidate the matters docketed at No. 07-7535 and 07- 7501, it is hereby ORDERED and DECREED that Defendant's Motion is GRANTED, and that the matters shall be consolidated into Docket No. 07-7535, and that the new consolidated caption shall be as follows: EUGENIA DILLARD and IN THE COURT OF COMMON PLEAS OF GEORGE DILLARD, Individually and as CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife, Plaintiffs V. BARBARA STODTER, Defendant NO. 07-7535 v. CIVIL ACTION LAW RICHARD ROVEGNO; ROVEGNO'S OF : CARLISLE, INC.; ROVEGNO PROPERTIES;: and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants JURY TRIAL DEMANDED GREGORY J. ROHRER, Individually and as Administrator of The ESTATE OF EUGENE ROHRER Plaintiffs V. BARBARA STODTER, Defendant V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants BY THE COURT: OF A 4,i0aNd1'N1Y 2909 NOV 18 AM 11: 15 tPE1`MYLV ANIIA EUGENIA DILLARD and GEORGE DILLARD, Individually and as husband and wife Plaintiffs V. BARBARA STODTER, Defendants V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants GREGORY J. RORHER, Individually and as Administrator of the ESTATE OF EUGENE ROHRER Plaintiff V. BARBARA STODTER, Defendants V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE,INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7535 JURY TRIAL DEMANDED MOTION TO AMEND ORDER 429962-1 On June 5, 2009, an Order was issued setting forth deadlines to begin the above- referenced cases for trial. 2. All parties have attempted to secure dates for their experts and have determined that they wi I! not he able to meet such deadlines due to the experts schedules. Plaintiffs have confirmed with counsel that there is no objection to a three (3) month extension on such deadlines. 4. All parties concur that all deadlines should be moved forward an additional three (3) months due to the experts schedules. 5. All parties are attempting to secure dates to schedule both cases for mediation. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court's Order of June 5, 2009, be amended as stated above. FraVs .i. Laffer ? Attorney for Plaintiffs (arc A. yer, Esquire, Attornc for Defendant, Stodter .lef er t n I. Shipma%sq lire, Attornafor Defendant, Rovegno Jeffi- C-C'atanzarite, Esquire, Att ey for Defendant, Dillard CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Motion to Amend Order with reference to the foregoing action by first class mail ? y postage prepaid, this ? day of ?/ '0 V? 2009 on the following: Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Stodter Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Rovegno Additional Defendants Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock Guthrie & Skeel, L.L.P Suite 2400, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Attorneys for Additional Defendant Dillard & ERB, P.C. 429962-1 FILED-0 'E OF THE FP'O" -10\'0TARY 2009 NOV 24 A i 9. 29 DEC 012009 EUGENIA DILLARD and GEORGE DILLARD, Individually and as husband and wife Plaintiffs V. BARBARA STODTER, Defendants V. RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants GREGORY J. RORHER, Individually and as Administrator of the ESTATE OF EUGENE ROHRER Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7535 JURY TRIAL DEMANDED BARBARA STODTER, Defendants V. : EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE,INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants 429962-/ } AMENDED ORDER AND NOW this / ~ day of Dt.? , 2009, upon consideration of the attached Motion to Amend Order of June 5, 2009, an Amended Order is hereby issued as follows: 1. All parties shall make themselves available for deposition no later than December 30, 2009. 2. Plaintiffs' expert reports shall be produced to all parties no later than January 31, 2010. 3. An independent medical examination of plaintiffs shall be completed no later than February 15, 2010. 4. Defendants' expert reports shall be produced no later than March 31, 2010. BY THE COURT: J. cc: -F?r ncis J. Lafferty, IV, Esquire, P.O. Box 5 0, Harrisburg, PA 17110 Marc A. Moyer, Esquire, P.O. Box 999, Harrisburg, PA 17108 ,11efferson J. Shipman, Esquire, P.O. Box 109, Lemoyne, PA 17043 /,1'effrey C. Catanzarite, Esquire, 707 Grant Street, Suite 2400, Pittsburgh, PA 15219 C.or'ec /nUALCL 429962-1 FILED- T J- " I JL 11 4; t .. . 1 1 I i.,. I 2009 DE-7C -2 AM D: 31J) }n?,;?'+r,?•,,.3?;,ra?. fir; e. .1 Francis J. Lafferty, IV, Esquire I.D. No. 84009 Metzger, Wickersham, Knauss & Erb, P.C_ 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUM-BERLAND COUNTY, PENNSYLVAl EUGENIA DILLARD and GEORGE DILLARD, Individually and as CIVIL A, Husband and Wife. Plaintiffs V. ]BARBARA STODTER, Defendants V. -RICHARD ROVEGNO; ROVEGNO'S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants GREGORY J. ROHRER, Individually and as Administrator of the ESTATE OF EUGENE ROHRER Plaintiffs V. BARBARA STODTER, Defendants V. EUGENIA DILLARD; RICHARD ROVEGNO; ROVEGNO' S OF CARLISLE, INC.; ROVEGNO PROPERTIES; and ROVEGNO REAL ESTATE PROPERTIES, Additional Defendants ON - LAW NO. 07-7535 JURY DEMANDED 455181-1 f.. TO THE PROTHONOTARY: S & ERB,P.C. Date: Kindly mark the above captioned matter settled, discontinued 455181-1 1'l all\.lo J. L". xvl L.', i r , i Attornev I.D. No. 84009 3211 North Front Street Harrisburg, PA 17110-03 (717) 238-8187 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, P.C., hereby certify that I served a true and exact copy of the foregoing the foregoing action by first class mail, postage prepaid, this >day Following: Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Stodter Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 .Attorneys for Rovegno Additional Defendants Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock Guthrie & Skeel, L.L.P Suite 2400, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Attorneys for Additional Defendant Dillard 455181-1 Knauss & Erb, with reference to f November, 2010, on the