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HomeMy WebLinkAbout08-4892 KERI L. HAUSLYAK, PLAINTIFF V. ANNE L. MORLOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons for the Defendant at the following address: Anne L. Morlock 917 Hummel Avenue, #2 Lemoyne, PA 17043 Respectfully submitted, SMIGEL, Date: ?? 6 Q C. ee Anderson, Esqui: I. # 21315 4431 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff I rA rv r ° -n ri r V 1 ?? a=a r--. ? ? ?, i7 ?T r KERI L. HAUSLYAK, PLAINTIFF V. ANNE L. MORLOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. D? ' ??9? Cry CIVIL ACTION - AT LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: Deputy THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 BY: JOHN R. CANAVAN, ESQ. ATTORNEY I.D. NO: 84728 BY: PATRICIA HAAS CORLL, ESQ. ATTORNEY I.D. NO: 59238 1017 Mumma Road, Suite 300 Wormleysburg, PA 17043 (717) 909-5170 (717) 909-5173 (fax) KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant TO THE PROTHONOTARY: COUNSEL FOR DEFENDANT Anne L. Morlock. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter our appearance as Counsel on behalf of Defendant, Anne L. Morlock, in the above-captioned matter. Date: -11 THE CHARTWELL LAW OFFICES, LLP By: .? a. -4_'-P B. ra lack, Esquire- Attoop? I.D. # 36818 John R. Canavan, Esquire Attorney I.D. #84728 Patricia Haas Corll, Esquire Attorney I.D. # 59238 CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP Date: ?1' By: . B. Crai ac F, squire . t'S SHERIFF'S RETURN - REGULAR CASE NO: 2008-04892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAUSLYAK KERI L VS MORLOCK ANNE L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS MORLOCK ANNE L was served upon the DEFENDANT , at 0912:00 HOURS, on the 6th day of September, 2008 at 523 BOSTON COURT MECHANICSBURG, PA 17055 ANNE MORLOCK a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 26.00 Postage .59 T .005, Surcharge 10.00 R. Thomas Kline g111104 - 00 5 09/08/2008 SMIGEL ANDERSO SA Sworn and Subscibed to By: before me this day Depu Sheriff of A.D. 41 KERI L. HAUSLYAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 08-4892 CIVIL ANNE L. MORLOCK, CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant N O T I C E YOUHAVE BEENSUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha de la demanda y la notificacion, Usted debe presentar una apariencia escrita o en Persona demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SE NO SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTERA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ESITENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 KERI L. HAUSLYAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANNE L. MORLOCK, NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant COMPLAINT Now comes Plaintiff Keri L. Hauslyak, by and through her undersigned counsel, Smigel, Anderson & Sacks, LLP, and files the within Complaint, averring as follows: 1. Plaintiff Keri L. Hauslyak (hereinafter referred to as "Plaintiff') is an adult individual who resides at 137 D North 21" Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant Anne L. Morlock (hereinafter referred to as "Defendant") is an adult individual who resides at 523 Boston Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The facts and occurrences hereinafter referred to took place on or about September 18, 2006, at approximately 7:00 a.m. at the intersection of Market Street and North 21 S` Street in Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff was driving her 2001 Chevrolet Venture south on 21" street and had just stopped at a traffic light at the intersection of Market Street and North 21" Street. 6. At that time and place, Defendant was driving a 2002 Chevrolet Blazer in a westerly direction on Market Street, traveling toward the aforementioned intersection. 7. Plaintiff then turned right on a green light in a westerly direction on Market Street. 8. At the same time Defendant Morlock failed to stop for a red light at the intersection, drove into the intersection, and collided with Plaintiff s vehicle, striking Plaintiff's vehicle and causing serious damage to her vehicle and serious injuries to the Plaintiff. 9. The foregoing accident and all the injuries and damages incurred as stated hereinafter are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Morlock drove her vehicle in that she: (a) Failed to have her vehicle under proper control; (b) Was inattentive and failed to maintain a sharp lookout of the road and the surrounding traffic conditions; (c) Failed to maintain a reasonable lookout for the presence of other motor vehicles on the road, to wit: Defendant's vehicle collided with the Plaintiffs vehicle; (d) Continued to operate her vehicle in a direction towards the Plaintiff s vehicle when she saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; (e) Failed to apply her brakes in such a manner so that her vehicle could be stopped in time to avoid the collision; (f) Failed to avoid hitting the Plaintiffs vehicle when she saw or should have seen that the Plaintiff s vehicle was on the road in full view; (g) Failed to drive around the Plaintiffs vehicle instead of colliding with it; (h) Failed to drive her vehicle at a reasonable safe speed so as to be able to stop within the assured clear distance ahead in violation of Section 3361 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) Failed to drive her vehicle in a reasonable safe manner so as to be able to avoid inuring Plaintiff and damaging her vehicle in violation of Section 3714 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; 0) Failed to obey a traffic control device in violation of Section 3111 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; 10. Directly and solely as the result of the negligence and recklessness of Defendant, Plaintiff sustained painful and severe injuries, all of which may be permanent in nature, which include, but are not limited to: (a) Bilateral posttraumatic thoracic outlet syndrome; (b) Suboccipital and bitemporal headaches with basilar neck pain and periscapular pain; (c) Radiating pain into the ulnar two digits of the hands; (d) Cervical strain and sprain; (e) Nausea and vomiting: (f) Emotional, psychological, and physical impairment, including feelings of burning and numbness. 11. As a further result of Defendants' negligence and recklessness, Plaintiff has also sustained the following losses and damages, all of which may be permanent in nature, and a claim is made therefore: (a) Pain and suffering, past, present and future; (b) Unreimbursed medical expenses, past, present and future; (c) Loss of wages, past, present and future; (d) Loss of earning capacity; (e) Loss of life's pleasures, past, present and future; (g) Scarring and disfigurement. 12. At the time of said accident, Plaintiff was insured under a motor vehicle policy providing her with the "full tort" option. WHEREFORE, Plaintiff Keri L. Hauslyak demands judgment against Defendant Anne L. Morlock in an amount in excess of this county's mandatory arbitration limits, plus the costs of this action, and any other relief that this Honorable Court deems just and proper. Respectfully submitted, SMIGEL, ANDER" N & SACKS Date: December 30, 2008 By: C. derson, sq ire Supre Court ID # 21315 431 N rth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Keri L. Hauslyak, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Date: 60rd6D A00 Z Vol I' /? All kh kIL K L. au ak, P intiff KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 30th day of December, 2008: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 Date: December 30, 2008 By: Itb # 21315 443 North Front Street H sburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff SMIGEL. ANDERSON & SACKS ?. } ?, .? ?_ , ?? C„? ';'i . 'ry a µ °1 : r ?< a _, KERI L. HAUSLYAK, V. Plaintiff ANNE L. MORLOCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the Plaintiff's Request for Production of Documents Directed to Defendant was served upon the following person as addressed below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on this 31S` day of December, 2008: B. Craig Black, Esquire Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 SMIGEL, ANDERSON & SACKS Date: December 31, 2008 By: I.D. W f315 4431 lorth Front Street Harri urg, PA 17110 (717) 234-2401 Defendant Attorneys for Plaintiff r"'? rv ,:._ ?:r? " * i c._, -- ? ?.? ..a. ?`'t ?? r„- KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the Plaintiff's Interrogatories Directed to the Defendant was served upon the following person as addressed below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on this 31St day of December, 2008: B. Craig Black, Esquire Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 SMIGEL, ANDERSON & SACKS Date: December 31, 2008 By: C. Anderson, Esqui I. 1315 4431 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff r- . hJ i ~? .,__ ? ...,? - .. .:?u:. ? ; ? :g. , :;,r- ? _("r CJ'T ' ? ?:?._ ??; r THE CHARTWELL LAW OFFICES, LLP BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 BY: JOHN R. CANAVAN, ESQ. ATTORNEY I.D. NO: 84728 1017 Mumma Road, Suite 300 Wormleysburg, PA 17043 (717) 909-5170 (717) 909-5173 (fax) KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant COUNSEL FOR DEFENDANT Anne L. Morlock. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION AMENDING PARAGRAPH 10 OF PLAINTIFF'S COMPLAINT AND NOW, this 2d eh day of `i....,.,. , 2009, comes the parties to the above-captioned matter: Keri L. Hauslyak, by end through her attorney, C. Lee Anderson Esquire; and Anne L. Morlock, by and through her attorney, B. Craig Black, Esquire, and stipulate as follows: 1. The parties hereto, by and on behalf of their respective clients, hereby agree and stipulate that the phrase "but are not limited to" in Paragraph 1 of Plaintiff's Complaint is hereby amended to "Including". 2. Counsel hereby acknowledges that they have reviewed the contents of this Stipulation with their respective clients and are authorized by their clients to enter into this agreement thereby effectuating same. 3. Defendant shall have twenty (20) days from the date of the Order effectuating this Stipulation to file her Answer and New Matter to Plaintiffs Complaint. 3. This Stipulation has been executed in Counterparts, which method of execution shall not affect the validity or enforceability of the provisions of same. ;. i , WHEREFORE, the parties hereto pray this Honorable Court to enter an Order in the form attached, amending Paragraph 10 of Plaintiffs Complaint. Respectfully su Date: Z ° O C)(Le)b Anderson, Esquire mi el, Anderson and Sacks 443 N. Front Street Harrisburg, PA. 17110 (Counsel for Plaintiff) . I + Date: ,94w9 Respectfully submitted, B. Craig k, Esquire Chart 9xmma aw Offices, LLP 1017 Road Suite 100 Wormleysburg, PA. 17043 (717) 909-5170 (Attorney for Defendant) CERTIFICATE OF SERVICE I, Stephanie L. Gaffey, Legal Assistant to B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Stipulation Amending Paragraph 10 of Plaintiff's Complaint and Proposed Order upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 Date: 11D&,0 ?) THE CHARTWELL LAW OFFICES, LLP By: Step anie L. Gaffey, egal ssistant To B. Craig Black, Esqui ?t Fo - f, Jl ,mss JAN ? 8 200967 KERI L. HAUSLYAK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4892 Civil ANNE L. MORLOCK, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ORDER 9q? And Now, this O? ` day of , 2009, upon consideration of the foregoing Stipulation of the Parties, it is hereby Ordered and Decreed that: 1. The phrase "but are not limited to" in Paragraph 1 of Plaintiffs Complaint is hereby amended to the word "Including". In all other respects, Plaintiffs Complaint shall remain as filed. Defendant shall file her Answer and New Matter within twenty (20) days of the date of this Order J. QIO-mT'V "-7 * ?te w S ulz, -aoJbz/? THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 BY: JOHN R. CANAVAN, ESQ. ATTORNEY I.D. NO: 84728 BY: PATRICIA HAAS CORLL, ESQ. ATTORNEY I.D. NO: 59238 1017 Mumma Road, Suite 300 Wormleysburg, PA 17043 (717) 909-5170 (717) 909-5173 (fax) KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant To: Keri L. Hauslyak, Plaintiff c/o C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 hereof. COUNSEL FOR DEFENDANT Anne L. Morlock. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within 20 days from service ANSWER AND NEW MATTER OF DEFENDANT. ANNE L. MORLOCK, TO PLAINTIFF'S COMPLAINT AND NOW, this 2 N° day of , 2009, comes Defendant, Anne L. Morlock, by and through her attorneys, the Chartwell Law Offices, LLP, by B. Craig Black, Esquire, and files the following Answer and New Matter to Plaintiffs Complaint, wherein the following is a statement; 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraph 1 of Plaintiff's Complaint. I -I 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted only that on September 18, 2006 at approximately 7:00 a.m., Plaintiff was operating a 2001 Chevrolet Venture southbound on 21St Street in Camp Hill, Cumberland County, Pennsylvania. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to admit or deny the remaining averments set forth in Paragraph 4 of Plaintiff's Complaint and said averments are therefore denied. 5. (There is no Paragraph 5 in the Complaint filed and served upon Defendant in this matter and therefore no responsive pleading to this paragraph is required.) 6. Admitted that on September 18, 2006 at approximately 7:00 a.m., Defendant was driving a 2002 Chevrolet Blazer westbound on Market Street in the direction of the intersection of North 21St Street and Market Street in Camp Hill, Cumberland County, Pennsylvania. 7. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments set forth in Paragraph 7 of Plaintiff's Complaint. 8. Admitted in part, denied in part. It is admitted only that on September 18, 2006 at approximately 7:00 a.m., Plaintiff's and Defendant's vehicles collided. The remaining averments of Paragraph 8 of Plaintiff's Complaint constitute legal conclusions to which no responsive pleading is required. To the extent that said averments are factually specific, same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the remaining averments set forth in Paragraph 8 of Plaintiff's Complaint. 9. The averments in Paragraph 9 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, including subparagraphs (a) through 0), said averments are denied in accordance with Pa. R.C.P. 1029(e). 10. The averments in Paragraph 10 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific, including the averments in subparagraphs (a) through (f), same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of said averments. 11. The averments in Paragraph 11 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific, including the averments in subparagraphs (a) through (g), same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of said averments. 12. The averments in Paragraph 12 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute conclusions of law, same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 12 of Plaintiff's Complaint. WHEREFORE, Defendant, Anne L. Morlock, respectfully requests that Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint, together with such other relief that this Honorable Court deems just and proper. NEW MATTER 13. Paragraphs 1 through 12 of Defendant's Answer are incorporated herein, as if set forth at length. 14. To the extent that facts developed during the course of discovery may implicate, Plaintiffs claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 15. To the extent that facts developed during the course of discovery may implicate, Plaintiffs injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 16. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 17. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 18. Plaintiff, Keri L. Hauslyak, was contributorily negligent and/or assumed the risk of injury. 19. The negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 20. Plaintiff's alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. 21. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 22. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recovery of non-economic losses. 23. Plaintiff's clains are barred by the applicable Statute of Limitations. WHEREFORE, Defendant, Anne L. Morlock, respectfully requests that Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint, together with such other relief that this Honorable Court deems just and proper. Date: z uv s Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP By: .. C?% B. Cr 'g Black, Esquire A ey I.D. # 36818 J R. Canavan, Esquire Attorney I.D. #84728 Patricia Haas Corll, Esquire Attorney I.D. # 59238 VERIFICATION I, Anne L. Morlock, hereby verify the statements set forth in the foregoing Answer and New Matter of Defendant to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made by me are subject to the penalties of 18 PAC.S.A. Section 4904, regarding falsification to authorities. By: Anne L. Morlock Date: 1 & 6 - 0 CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Answer and New Matter of Defendant, Anne L. Morlock, to Plaintiffs Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP Date: ,lam t By: .e B. Cr j Black, Esquire ra "Cf ?Y ?'? ?r' ? 'C 9 ?C, ? C?y r? _ j = am ?,. _+ - j . ^i ". ?` t_? RV t.?. .C. ? "'" '? KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER Now comes the Plaintiff, Keri L. Hauslyak, by and through her counsel, Smigel, Anderson & Sacks, and makes the following Reply to the New Matter of the Defendant: 13. No response required. 14. It is denied that any portion of Plaintiff's claim is barred by the provisions of the Pennsylvania Motor Vehicle Responsibility Law. 15. Is denied that any of Plaintiffs injuries and losses was caused by any person or event outside the control of the Defendant. 16. It is denied that Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 17 It is denied that Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act. 18. It is denied that Plaintiff was contributorily negligent and/or assumed the risk of injury. 19. It is denied that there were any negligent acts and/or omissions of other individuals or entities which constituted an intervening or superseding cause of the injuries sustained by the Plaintiff. 20. Is denied that Plaintiff's injuries were caused by the act and/or omissions of a person or persons other than Defendant. 21. It is denied that Plaintiff entered into a Release with other individuals or entities which had the effect of discharging any liability of the Defendant. 22. It is denied that Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiff claims Plaintiff is barred from any recovery of non- economic losses. Furthermore, Plaintiff was insured at the time of the accident under a policy of automobile insurance under which she elected the "full tort" option. 23. It is denied that the plaintiff claims are barred by the applicable Statute of Limitations. WHEREFORE, Plaintiff prays for judgment against Defendant as requested in her Complaint. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: February 5, 2009 By: Aoor-- C. Le d rson, Esquire Supreme urt ID # 21315 431 Nort Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff KERI L. HAUSLYAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-4892 CIVIL ANNE L. MORLOCK, CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing reply to New Matter of the Defendant was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 5th day of February, 2009: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 Date: February 5, 2009 SMIGEL, ANDERSON & By: / C. a P derson, Esquire ID # 2 315 4431 orth Front Street Harris urg, PA 17110 (717) 234-2401 Attorneys for Plaintiff C J ! 1 cn J ? "TJ KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, attorney for Plaintiff in'the?a/bove-captioned matter, certify that on this day I served a copy of the foregoing Plaintiff's fm?TS to Defendant's Request for Production of Documents Directed to Plaintiff-Set I, upon the person indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the date below and addressed as follows: B. Craig Black, Esquire Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 SMIGEL, AND Date: February 2 Y-1 2009 By: C. L derson, squire I.D. o. 1315 4431 rth Front Street, 3Td Floor Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff LLP 4 KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, attorney for Plaintiff in the above-captioned matter, certify that on this day I served a copy of the foregoing Plaintiff's Answers to Defendant's Interrogatories Addressed to Plaintiff-Set I, upon the person indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the date below and addressed as follows: SMIGEL, Date: February q1_1 2009 By: C. ee nderson, Esquire I.D. Nib. 21315 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 AttornQys for Plaintiff LLP 18 ray ? C 7 ;, '?-C3 . ' i ; ?- '? ., , if';..f ' ? ".."1 f f I ^ °_^s ? ?? d. r KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED MOTION TO DISMISS OBJECTIONS TO INTERROgATORIES Now comes Plaintiff Keri L. Hauslyak, by and through her undersigned counsel, Smigel, Anderson & Sacks, LLP, pursuant to Pa.R.C.P. No. 4006(a)(2) and C.C.R.P. No 208.3, and makes the following Motion to Dismiss Objections to Interrogatories: 1. Plaintiff served written interrogatories directed to the Defendant on December 31, 2008. 2. On or about February 16, 2009, Defendant served answers to said interrogatories, raising objections to various interrogatories propounded. 3. Interrogatory number 21 asks whether the defendant has been convicted of a creme. 4. Defendant objected to interrogatory number 21 claiming that it "seeks information which is beyond the scope of permissible discovery pursuant to Pa. R.C.P. 4003.1 and is unlikely to lead to the discovery of admissible evidence under the Pennsylvania Rules of Evidence." 5. Pa.R.E. 609 states "for the purpose of attacking the credibility of any witness, evidence that the witness has been convicted of a crime, whether by verdict or by plea of guilty or nolo contendere, shall be admitted if it involved dishonesty or false statement." Therefore, this information is discoverable in order to determine whether the defendant has ever been convicted of such a crime, and defendant's objection should be dismissed. 6. Interrogatory number 23 asks whether the defendant's operator's license has ever been suspended or revoked. 7. Defendant objected to interrogatory number 23 claiming that it "seeks information which is beyond the scope of permissible discovery pursuant to Pa. R.C.P. 4003.1 and is unlikely to lead to the discovery of admissible evidence under the Pennsylvania Rules of Evidence." 8. Pa.R.E. 406 states: "evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice." Therefore, this information is discoverable in order to determine whether or not the defendant had a habit involving dangerous driving leading to a suspension or revocation, and defendant's objection should be dismissed. 9. No judge has ruled upon any other issue in the same or related matter. 10. The concurrence of opposing counsel in this motion was sought and was not given. WHEREFORE, Plaintiff Keri L. Hauslyak requests that this Court dismissed defendant's objections to interrogatories 21 and 23 and compel defendant to provide full and accurate answers to both interrogatories. Respectfully submitted, SACKS Date: February 26, 2009 By: CXrt a derson, Esquire SmeCourtID# 21315 t 431 N h Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff - KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing Motion to Dismiss Objections to Interrogatories was served upon the following person as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 26th day of February, 2009: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 SMIGEL. ANDEMON & SACKS Date: February 26, 2009 By: C e Anderson, Esquire Y343 1315 1 ort h h Front Street H burg, PA 17110 (717) 234-2401 Attorneys for Plaintiff l?TT1 ?' I N KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED MOTION FOR COURT APPROVAL TO FILE AMENDED COMPLAINT Now comes the Plaintiff, Keri L. Hauslyak, by and through her counsel, Smigel, Anderson & Sacks, and makes the following Motion for Court Approval to File Amended Complaint: 1. This matter was commenced by the filing of a Praecipe for Writ of Summons on August 15, 2008 2. Plaintiff's Complaint was filed on January 2, 2009, alleging liability for damages caused as a result of an automobile accident which occurred on September 18, 2006. 3. In the Complaint, Plaintiff sets forth some of for damages, including physical injury, pain and suffering, unreimbursed medical expenses, loss of wages and earning capacity, loss of life's pleasures and scarring and disfigurement. 4. Plaintiff wishes to amend her Complaint to make an allegation concerning property damage involving her automobile. 5. By filing a Recipe for Writ of Summons, plaintiff has tolled the statute of limitations for all causes of action arising out of the accident which occurred on September 18, 2006, including a claim for property damage. I/ 6. Concurrence from the attorney for the defendant to allow the filing of an Amended Complaint has been sought, and said concurrence has been refused. WHEREFORE, Plaintiff prays that this honorable court grant her motion to allow her to file an amended complaint alleging property damage. Respectfully submitted, Date: February 26, 2009 By: SMIGEL, ANDER51D_N & SACKS C. I?e derson, Esquire Su pre Court ID # 21315 431 N rth Front Street Harri urg, PA 17110 (717) 234-2401 Attorneys for Plaintiff KERI L. HAUSLYAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-4892 CIVIL ANNE L. MORLOCK, CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing Motion for Court Approval to File an Amended Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 26th day of February, 2009: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 Date: February 26, 2009 SMIGEL, ANDERSON By: ID #/21315 443 North Front Street H sburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff o ?' ?a f? ?? '" te ? ? " ,. ? ,r ?' .. '? --{ . T' r' r- [?' ?' .? ? '°? 41 10# THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 BY: JOHN R. CANAVAN, ESQ. ATTORNEY I.D. NO: 84728 BY: PATRICIA HAAS CORLL, ESQ. ATTORNEY I.D. NO: 59238 1017 Mumma Road, Suite 300 Wormleysburg, PA 17043 (717) 909-5170 (717) 909-5173 (fax) KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant To: Keri L. Hauslyak, Plaintiff c/o C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 COUNSEL FOR DEFENDANT Anne L. Morlock. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within 20 days from service hereof. ANSWER AND NEW MATTER OF DEFENDANT. ANNE L. MORLOCK. TO PLAINTIFF'S MOTION FOR COURT APPROVAL TO FILE AMENDED COMPLAINT AND NOW, this 9 t4 day of oW,e,Laj!? , 2009, comes the Defendant, Anne L. Morlock, by and through her attorneys, the Chartwell Law Offices, LLP, and files the following Answer to Plaintiffs Motion for Court Approval to File Amended Complaint: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Plaintiff's Complaint was filed on January 2, 2009. The remaining averments contained in Paragraph 2 of Plaintiff's Motion attempt to characterize the allegations contained in the Complaint, which allegations speak for themselves. 3. Denied. The averments in Paragraph 3 attempt to characterize the averments contained in Plaintiff's Complaint, which averments speak for themselves. No responsive pleading is therefore required. 4. Denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiff's Motion. For the reasons set forth more fully in the New Matter appended hereto, it is respectfully submitted that this Honorable Court should deny Plaintiff's request for leave to amend her Complaint. 5. Denied as stated. To the contrary, Plaintiffs Complaint filed pursuant to the rule on January 2, 2009 was filed in response to a Rule to File Complaint initiated by Defendant. Therefore, Plaintiffs Complaint necessarily needed to include all potential causes of action arising from the automobile accident of September 18, 2006. The failure of Plaintiff to include claims for property damage subjects said claims to the affirmative defense of the statute of limitations. Moreover, by way of further Answer, the failure of Plaintiff to include a draft Amended Complaint precludes Defendant from ascertaining other potential bases to refuse Plaintiff's Motion, all of which are specifically reserved. 6. Admitted. WHEREFORE, Defendant prays this Honorable Court deny Plaintiffs Motion for Leave to Amend Complaint, to include claims for property damage. NEW MATTER 7 The foregoing averments in Paragraph 1 through 6 of the foregoing Answer are incorporated herein by reference as if more fully set forth at length. r 8. Plaintiffs proposed cause of action seeking monetary damages for alleged property damage are precluded by the applicable statute of limitations (42. Pa. C.S.A. §5524). WHEREFORE, Defendant respectfully prays this Honorable court to deny Plaintiffs Motion for Leave to file an Amended Complaint seeking monetary damages for property damage. Respectfully submitted, Date: /WAAol X ZGb 9 THE CHARTWELL LAW OFFICES, LLP By: / r ac , sq AttI.D. # 36818 John R. Canavan, Esquire Attorney I.D. #84728 Patricia Haas Corll, Esquire Attorney I.D. # 59238 CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Answer to Plaintiff's Motion for Leave to File an Amended Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP Date: /l7.?e?.f ?? Icb 9 By: .r B. Crai ack, Esquire ? ? ? -n C ? ? --3 ? iT' + ; ? r . . . am ??-y ? ,. ? ? ?r ] . Y fr ? s ' ,„? ?? i ...-. ?^?w ???+y?'yy 4/+ r ti THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 BY: JOHN R. CANAVAN, ESQ. ATTORNEY I.D. NO: 84728 BY: PATRICIA HAAS CORLL, ESQ. ATTORNEY I.D. NO: 59238 1017 Mumma Road, Suite 300 Wormleysburg, PA 17043 (717) 909-5170 (717) 909-5173 (fax) KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant COUNSEL FOR DEFENDANT Anne L. Morlock. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, ANNE L. MORLOCK, TO PLAINTIFF'S MOTION TO DISMISS OBJECTIONS TO INTERROGATORIES AND NOW, comes the Defendant, Anne L. Morlock, by and through her undersigned counsel, the Chartwell Law Offices, LLP, and files the following Answer to Plaintiff's Motion to Dismiss Objections to Interrogatories: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the introductory portion of Interrogatory No. 21 requested Defendant to state whether or not she had been convicted of a crime. However, the complete interrogatory also requested Defendant state: (a) The nature of the conviction; (b) The date and location of the conviction; (c) The penalty; and (d) The issuing authority. I 4. Admitted. 5. The averments contained in Paragraph No. 5 are partial recitation of Pa. Rule of Evidence 609, which speaks for itself. It is denied that portion of Rule 609 recited in Paragraph 5 of Plaintiff's Motion serves as a basis to compel Defendant to answer Interrogatory No. 21 or to set aside Defendant's objection thereto. 6. Admitted in part, denied in part. While it is admitted that the introductory portion of Interrogatory No. 23 requests Defendant to answer whether or not her operator's license had ever been suspended or revoked, the remaining portion of the interrogatory seeks the following information: (a) The time and location of suspension or revocation; (b) The period of time of suspension and revocation, including the dates thereof, (c) The reason for such suspension or revocation; and (d) Whether such suspension or revocation was lifted. 7. Admitted. 8. The averments in Paragraph No. 8 of Plaintiff's Motion constitute a partial recitation of Pa. Rule of Evidence 406. It is denied that Pa. Rule of Evidence 406 has any bearing on the information sought by Interrogatory No. 23 or that said information is discoverable because said information would not in any way constitute evidence of habit or routine practice. Moreover, said Interrogatory, as phrased, is overly broad as to time and scope. 9. Admitted 10. Admitted. WHEREFORE, Defendant, Anne L. Morlock, respectfully requests that this Honorable Court deny Plaintiff's Motion to Dismiss Objections to Interrogatories, together with such further relief as this Honorable Court deems appropriate and just. Respectfully submitted, Date: /Zw.,! f, Zoo g THE CHARTWELL LAW OFFICES, LLP , By: B. Crai ack, Esquire Atto .D. # 36818 John R. Canavan, Esquire Attorney I.D. #84728 Patricia Haas Corll, Esquire Attorney I.D. # 59238 CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Answer of Defendant, Anne L. Morlock, to Plaintiff's Motion to Dismiss Objections to Interrogatories upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first- class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP Date: ,anal 9_ Zoo 9 By:_ B. C ac sq C?3 Z3 t'r' ? ? -,+? ? rn? =R:- . ..._ -? rn -A? C;.? - - " pr. - t a ry? a r?f1 ? C,,1 .? KERI L. HAUSLYAK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANNE L. MORLOCK : NO. 2008 - 4892 CIVIL TERM ORDER OF COURT AND NOW, this 17TH day of MARCH, 2009, a Rule is issued upon the Defendant to Show Cause why the Plaintiff should not be granted leave to file an amended complaint. Rule returnable twenty (20) days after service. B e Court Edward E. Guido, J. Lee Anderson, Esquire Craig Black, Esquir( :sld ( ?? }}?, V <IRt?Ai?. Eir14}?t,?f?? Njyo 90:9 WV 61 8VW 6002 1WiON,'l Hi0Sd 3Hl J4 301IJ4, - -1113 KERI L. HAUSLYAK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANNE L. MORLOCK NO. 2008 - 4892 CIVIL TERM ORDER OF COURT AND NOW, this 24TH day of MARCH, 2009, argument on Plaintiff's Motion to Dismiss Objections to Interrogatories is scheduled for TUESDAY, APRIL 14, 2009, at 3:15 p.m. in Courtroom # 3. By 64; Edward E. Guido, J. A. Lee Anderson, Esquire ./B. Craig Black, Esquire :sld gj "r- KERI L. HAUSLYAK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2008-4892 CIVIL TERM ANNE L. MORLOCK, CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this 14th day of April, 2009, on consideration of Plaintiff's Motion to Dismiss Objections to Interrogatories and having heard argument from both parties, it is ordered and decreed as follows: 1. Defendant's objections to Plaintiff's Interrogatory No. 21 are sustained in part. The Defendant is directed to provide information regarding any crimes of dishonesty in response to said interrogatory. 2. Defendant's objection to Plaintiff's interrogatory No. 23 is dismissed. Defendant shall answer the above interrogatories within 30 days. ,/C. Lee Anderson, Esquire Smigel, Anderson & Sacks 431 North Front Street Harrisburg, PA 17110 For Plaintiff Craig Black, Esquire The Chartwell Law Offices, LLP J 1017 Mumma Road Wormleysburg, PA 17043 :mlc s+ I'M 10 ! Z •01 WV S 1 Ndv fiQQI m:Po-(MH 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 KERI L. HAUSLYAK, Plaintiff vs. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Court Approval to File Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: C. Lee Anderson 4431 North Front Street, Third Floor, Harrisburg, PA 17110-1778; (b) for defendants: B. Craig Black, 1017 Mumma Road, Suite 100, Wormleysburg, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. _ / ?/ 4. Argument Court Date: September 9, 2009. Signature: Print your name: Attorney for Plaintiff Date: August 7, 2009 v CA/AL C7 ! Fr -, K 20,39 p? r v KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED SUGGESTION OF SUCCESSION To the Prothonotary: AND NOW, this 11th day of August, 2009, it is suggested of record that the Plaintiff, Keri L. Hauslyak, was married on May 30, 2009, in Schuykill County, Pennsylvania, to Daniel W. Cascarino and changed her name to Keri L. Cascarino. Therefore, :Keri L. Cascarino should be substituted as the party plaintiff in this action and the caption changed to read Keri L. Cascarino, Plaintiff. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: ? t Zd (J By: Anderson, Esquire 21315 44 North Front Street Ha 'sburg, PA 17110 (717) 234-2401 Attorney for Plaintiffs J KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing Suggestion of Succession was served upon the following as addressed below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania on this I Ith day of August, 2009: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 Date: August 11, 2009 SMIGEL, ANDERSON ",NCKS, LLP By: I.X 1 C. L derson, Esquire I.D. 2T15 4431 North Front Street. Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff RL -WJCE OF 'fib PROTHMTARY M AUG 13 PH 1: 43 CLbWRIAI.4u COUNTY PD NMVAM KERI L. [HAUSLYAK] : IN THE COURT OF COMMON PLEAS OF CASCARINO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. ANNE L. MORLOCK, Defendant : NO. 08-4892 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO AMEND COMPLAINT BEFORE HESS, OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 16'h day of September, 2009, upon consideration of Plaintiff's Motion for Court Approval To File Amended Complaint, and for the reasons stated in the accompanying opinion, the motion is granted and Plaintiff is granted leave to file a more specific pleading with respect to damage to her vehicle allegedly caused by Defendant's negligence. BY THE COURT, esley Oler C. Lee Anderson, Esq. SMIGEL, ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Craig Black, Esq. Patricia Haas Corll, Esq. John R. Canavan, Esq. The Chartwell Law Offices 1017 Mumma Road Suite 300 Wormleysburg, PA 17043 Attorneys for Defendant ?o ? 4 Es m?.c ?c.C, J. (-I J -7 KERI L. [HAUSLYAK] : IN THE COURT OF COMMON PLEAS OF CASCARINO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION-LAW V. : ANNE L. MORLOCK, Defendant : NO. 08-4892 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO AMEND COMPLAINT BEFORE HESS, OLER and GUIDO, JJ. OPINION and ORDER OF COURT OLER, J., September 16, 2009. The present negligence action arises out of a two-vehicle accident at an intersection which was allegedly caused by Defendant's negligence.' For disposition at this time is Plaintiff's motion to amend her complaint with respect to damage to her vehicle.2 Defendant has opposed the motion on the ground that the amendment would introduce a new cause of action against Plaintiff as to which the statute of limitations has run.3 This matter was the subject of an oral argument on September 9, 2009. For the reasons stated in this opinion, Plaintiff's motion to amend will be granted. STATEMENT OF FACTS This action was commenced by Plaintiff against Defendant by the filing of a praecipe for writ of summons on August 14, 2008.4 Plaintiff's complaint was filed on January 2, 2009.5 1 Plaintiff's Complaint, filed January 2, 2009. z Plaintiff's Motion for Court Approval To File Amended Complaint, filed March 6, 2009. 3 Answer and New Matter of Defendant, Anne L. Morlock, to Plaintiff's Motion for Court Approval To File Amended Complaint, filed March 10, 2009; Defendant's Brief in Opposition to Plaintiff's Motion for Leave To Amend Her Complaint, submitted September 4, 2009. 4 Plaintiff's Praecipe for Writ of Summons, filed August 14, 2008 The complaint alleged that on September 18, 2006, Plaintiff and Defendant were involved in a two-vehicle accident in Camp Hill, Cumberland County, Pennsylvania, which was caused by Defendant's failure to stop for a red light.b The complaint expressly asserted that Defendant's negligence caused (1) serious damage to Plaintiff's vehicle, (2) various physical and psychological injuries to Plaintiff,8 and (3) "as a further result of Defendant['s] negligence" damages to Plaintiff in the form of pain and suffering, unreimbursed medical expenses, loss of wages and earning capacity, loss of the enjoyment of life, and scarring and disfigurement.9 Plaintiffs wherefore clause simply "demand[ed] judgment against Defendant Anne L. Morlock in an amount in excess of this county's mandatory arbitration limits, plus the costs of this action, and any other relief that this Honorable Court deems just and proper."10 On March 6, 2009, Plaintiff filed the motion sub judice to amend her complaint "to make an allegation concerning property damage involving her automobile."" Unfortunately, a copy of the proposed amended complaint was not attached to the motion. Defendant has opposed the motion to amend on the ground that it would add a time-barred claim for property damage to Plaintiff's action for personal injury. 12 5 Plaintiff's Complaint, filed January 2, 2009. 6 Plaintiff's Complaint, ¶8, filed January 2, 2009. Plaintiffs Complaint, ¶8, filed January 2, 2009. s Plaintiff's Complaint, ¶10, filed January 2, 2009. 9 Plaintiffs Complaint, ¶11, filed January 2, 2009 (emphasis added). 10 Plaintiff's Complaint, wherefore clause, filed January 2, 2009. 11 Plaintiff's Motion for Court Approval To File Amended Complaint, ¶4, filed March 6, 2009. 12 Answer and New Matter of Defendant, Anne L. Morlock, to Plaintiff's Motion for Court Approval To File Amended Complaint, filed March 10, 2009; Defendant's Brief in Opposition to Plaintiff's Motion for Leave To Amend Her Complaint, submitted September 4, 2009. 2 DISCUSSION Statement of law. As a general rule, amendments to pleadings are to be liberally allowed.13 In addition, Pennsylvania Rule of Civil Procedure 126 states that [t]he rules [of civil procedure] shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. Notwithstanding these liberal principles, amendments to pleadings that occur after the statute of limitations has run its course may not introduce a new cause of action. Kuisis v. Baldwin-Lima-Hamilton Corp., 457 Pa. 321, 329, 319 A.2d 914, 918 (1974). However, the Pennsylvania Supreme Court has made it clear that [a] new cause of action does not exist if plaintiff's amendment merely adds to or amplifies the original complaint or if the original complaint states a cause of action showing that the plaintiff has a legal right to recover what is claimed in the subsequent complaint. Junk v. East End Fire Dept., 262 Pa. Super. 473, 490, 396 A.2d 1269, 1277 (1978) (citations omitted). Under Section 5524 of the Judicial Code, the statute of limitations on a negligence claim for property damage arising out of a motor vehicle accident is two years. 14 Application of law to facts. In the present case, Plaintiff's motion to amend her complaint "to make an allegation concerning property damage involving her vehicle" was filed more than two years after the accident in question. However, Plaintiff's original complaint expressly alleged that Defendant's negligence had caused damage to Plaintiffs vehicle, as well as personal injuries to Plaintiff. 13 Hoare v. Bell Telephone Co. of Pa., 509 Pa. 57, 60, 500 A.2d 1112, 1114 (1985). 14 Act of July 9, 1976, P.L. 586, §2, as amended, 42 Pa. C.S. §5524 (2009 Supp.). 3 Under these circumstances, Plaintiff's motion to amend is more akin to a request to amplify a stated claim than to a request to state a new claim. 15 Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 16`h day of September, 2009, upon consideration of Plaintiff's Motion for Court Approval To File Amended Complaint, and for the reasons stated in the accompanying opinion, the motion is granted and Plaintiff is granted leave to file a more specific pleading with respect to damage to her vehicle allegedly caused by Defendant's negligence. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. C. Lee Anderson, Esq. SMIGEL, ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff is In this regard, the present case is distinguishable from Hogden v. Summers, 382 Pa. Super. 348, 555 A.2d 214 (1989), wherein the Pennsylvania Superior Court affirmed a trial court's refusal to permit a plaintiff to amend her personal injury complaint to initiate a claim for property damage to her vehicle after the statute of limitations had run. 4 B. Craig Black, Esq. Patricia Haas Corll, Esq. John R. Canavan, Esq. The Chartwell Law Offices 1017 Mumma Road Suite 300 Wormleysburg, PA 17043 Attorneys for Defendant 5 iE..?. C7 T 2 OU9 S'I-- f' iZ'; F 2- C 6 KERI L. [HAUSLYAK] CASCARINO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANNE L. MORLOCK, : NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant N O T I C E FOUHAVE BEENSUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha de la demanda y la notificacion, Usted debe presentar una apariencia escrita o en Persona demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SE NO SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTERA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ESITENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 KERI L. [HAUSLYAK] CASCARINO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANNE L. MORLOCK, NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant AMENDED COMPLAINT Now comes Plaintiff Keri L. Cascarino, by and through her undersigned counsel, Smigel, Anderson & Sacks, LLP, and files the within Complaint, averring as follows: Plaintiff Keri L. Cascarino (hereinafter referred to as "Plaintiff') is an adult individual who resides at 137 D North 21St Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant Anne L. Morlock (hereinafter referred to as "Defendant") is an adult individual who resides at 523 Boston Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The facts and occurrences hereinafter referred to took place on or about September 18, 2006, at approximately 7:00 a.m. at the intersection of Market Street and North 21St Street in Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff was driving her 2001 Chevrolet Venture south on 21" street and had just stopped at a traffic light at the intersection of Market Street and North 21St Street. 6. At that time and place, Defendant was driving a 2002 Chevrolet Blazer in a westerly direction on Market Street, traveling toward the aforementioned intersection. 7. Plaintiff then turned right on a green light in a westerly direction on Market Street. 8. At the same time Defendant Morlock failed to stop for a red light at the intersection, drove into the intersection, and collided with Plaintiff's vehicle, striking Plaintiff's vehicle and causing serious damage to her vehicle and serious injuries to the Plaintiff. 9. The foregoing accident and all the injuries and damages incurred as stated hereinafter are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Morlock drove her vehicle in that she: (a) Failed to have her vehicle under proper control; (b) Was inattentive and failed to maintain a sharp lookout of the road and the surrounding traffic conditions; (c) Failed to maintain a reasonable lookout for the presence of other motor vehicles on the road, to wit: Defendant's vehicle collided with the Plaintiff's vehicle; (d) Continued to operate her vehicle in a direction towards the Plaintiff s vehicle when she saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; (e) Failed to apply her brakes in such a manner so that her vehicle could be stopped in time to avoid the collision; (f) Failed to avoid hitting the Plaintiff's vehicle when she saw or should have seen that the Plaintiff's vehicle was on the road in full view; (g) Failed to drive around the Plaintiff's vehicle instead of colliding with it; (h) Failed to drive her vehicle at a reasonable safe speed so as to be able to stop within the assured clear distance ahead in violation of Section 3361 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) Failed to drive her vehicle in a reasonable safe manner so as to be able to avoid inuring Plaintiff and damaging her vehicle in violation of Section 3714 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; 0) Failed to obey a traffic control device in violation of Section 3111 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; 10. Directly and solely as the result of the negligence and recklessness of Defendant, Plaintiff sustained painful and severe injuries, all of which may be permanent in nature, including: (a) Bilateral posttraumatic thoracic outlet syndrome; (b) Suboccipital and bitemporal headaches with basilar neck pain and periscapular pain; (c) Radiating pain into the ulnar two digits of the hands; (d) Cervical strain and sprain; (e) Nausea and vomiting: (f) Emotional, psychological, and physical impairment, including feelings of burning and numbness. 11. As a further result of Defendants' negligence and recklessness, Plaintiff has also sustained the following losses and damages, all of which may be permanent in nature, and a claim is made therefore: (a) Pain and suffering, past, present and future; (b) Unreimbursed medical expenses, past, present and future; (c) Loss of wages, past, present and future; (d) Loss of earning capacity; (e) Loss of life's pleasures, past, present and future; (g) Scarring and disfigurement, and (h) Damage to her automobile, including costs of repair and loss of fair market value. 12. At the time of said accident, Plaintiff was insured under a motor vehicle policy providing her with the "full tort" option. WHEREFORE, Plaintiff Keri L. Cascarino, demands judgment against Defendant Anne L. Morlock in an amount in excess of this county's mandatory arbitration limits, plus the costs of this action, and any other relief that this Honorable Court deems just and proper. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: October 1, 2009 By: C. rrth erson, Esquire Suprem ourt ID # 21315 431 N Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Keri L. Cascarino, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Date: Ir (kwwvy LI A scarino, Plaintiff KERI L. [HAUSLYAK] CASCARINO, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that a true and correct copy of the foregoing Amended Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 1St day of October, 2009: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 ANDERSON -&SACKS Date: October 1, 2009 By: C. e derson, Esquire ID # 21P15 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff RED-01 rICE OF THE PROW"NIOTARY 2009 OCT -S Pty 12: 3 7 cam P6Nl%YU'A, %A THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 1017 Mumma Road, Suite 300 Wormleysburg, PA 17043 (717) 909-5170 (717) 909-5173 (fax) KERI L. [HAUSLYAK] CASCARINO, Plaintiff V. ANNE L. MORLOCK, Defendant COUNSEL FOR DEFENDANT Anne L. Morlock. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Keri L. (Hauslyak) Cascarino, Plaintiff c/o C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within 20 days from service hereof. ANSWER AND NEW MATTER OF DEFENDANT, ANNE L. MORLOCK, TO PLAINTIFF'S AMENDED COMPLAINT s? AND NOW, this .21 day of 0?L L,_ , 2009, comes Defendant, Anne L. Morlock, by and through her attorneys, the Chartwell Law Offices, LLP, by B. Craig Black, Esquire, and files the following Answer and New Matter to Plaintiff's Amended Complaint, wherein the following is averred; 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the matter asserted in Paragraph 1 of Plaintiff's Amended Complaint. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of certain averments contained in Paragraph 4 of Plaintiff's Amended Complaint. It is admitted only that Plaintiff, Keri L. (Hauslyak) Cascarino was operating a 2001 Chevrolet Venture on South 21St Street at or about the intersection of Market Street and North 21s' Street in Camp Hill Borough, Cumberland County, Pennsylvania on September 18, 2006 at about 7:00 a.m. The owner of the vehicle which was being operated by the Plaintiff is unknown to Answering Defendant. 5. There is not Paragraph 5 in Plaintiffs Amended Complaint, therefore no response is required. 6. Admitted. 7. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of certain averments contained in Paragraph 7 of Plaintiff's Amended Complaint. By way of further answer, Answering Defendant is without sufficient knowledge and information to confirm that Plaintiff had a green light at the time she entered the intersection travelling in a westward direction on Market Street. 8. The averments in Paragraph 8 of Plaintiffs Amended Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not contain conclusions of law, same are denied. It is specifically denied that Defendant Morlock caused serious damage to Plaintiff's vehicle and/or serious injuries to Plaintiff. It is admitted only that on or about 7:00 a.m. on September 18, 2006, a collision occurred between the vehicle operated by Plaintiff and a vehicle operated by Defendant Morlock at the intersection of Market Street and North 21St Street in Camp Hill Borough, Cumberland County, Pennsylvania. 9. The averments in Paragraph 9 of Plaintiff's Amended Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not contain conclusions of law, same are denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, it is specifically denied that: (a) Defendant failed to have her vehicle under proper control; (b) Defendant was inattentive and failed to maintain a sharp lookout of the road and the surrounding traffic conditions; (c) Defendant failed to maintain a reasonable lookout for the presence of other motor vehicles on the road, to wit: Defendant's vehicle collided with Plaintiff's vehicle; (d) Defendant continued to operate her vehicle in a direction towards Plaintiffs vehicle when she saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; (e) Defendant failed to apply her brakes in such a manner so that her vehicle could be stopped in time to avoid the collision; (f) Defendant failed to avoid hitting Plaintiff's vehicle when she saw or should have seen that the Plaintiffs vehicle was in the road in full view; (g) Defendant failed to drive around the Plaintiffs vehicle instead of colliding with it; (h) Defendant failed to drive her vehicle at a reasonably safe speed so as to be able to stop within the assured clear distance ahead in violation of Section 3361 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) Defendant failed to drive her vehicle in a reasonably safe manner so as to be able to avoid injury to Plaintiff and damaging her vehicle in violation of Section 3714 of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and 0) Defendant failed to obey a traffic control device in violation of Section 3111 of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. The averments in Paragraph 10 of Plaintiffs Amended Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not contain conclusions of law, same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 10, including sub-paragraphs (a - f) therein. ll. The averments in Paragraph 11 of Plaintiffs Amended Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not contain conclusions of law, same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 11, including sub-paragraphs (a - h) therein. 12. The averments in Paragraph 12 of Plaintiffs Amended Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not contain conclusions of law, same are denied. After reasonable investigation, Answering Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 12 of Plaintiff's Amended Complaint. WHEREFORE, Defendant, Anne L. Morlock, demands that judgment be entered in her favor and that Plaintiffs Complaint be dismissed, together with such other relief that this Honorable Court deems just and proper. NEW MATTER 13. Paragraphs 1 through 12 of Defendant's Answer are incorporated herein, as if set forth at length. 14. To the extent that facts developed during the course of discovery may implicate, Plaintiff's claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 15. To the extent that facts developed during the course of discovery may implicate, Plaintiffs injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 16. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 17. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 18. Plaintiff, Keri L. Hauslyak, was contributorily negligent and/or assumed the risk of injury. 19. The negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 20. Plaintiffs alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. 21. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 22. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recovery of non-economic losses. 23. Plaintiff's clains are barred by the applicable Statute of Limitations. 24. To the extent that Answering Defendant is determined liable to Plaintiff, which liability is specifically denied, Defendant is entitled to a credit against any recovery awarded to Plaintiff in the amount of $4,797.47 for payments made on Answering Defendant's behalf to the Plaintiff on account of property damage to Plaintiffs vehicle. WHEREFORE, Defendant, Anne L. Morlock, demands that judgment be entered in her favor and that Plaintiffs Complaint be dismissed together with such other relief that this Honorable Court deems just and proper. Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP Date: E .2/ zoo 9 By: B. C ig ack, Esquire A ey I.D. # 36818 VERIFICATION I, B. Craig Black, Esquire, Attorney for Defendant, Anne L. Morlock, hereby verify the statements set forth in the foregoing Answer and New Matter of Defendant to Plaintiffs Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made by me are subject to the penalties of 18 PAC.S.A. Section 4904, regarding falsification to authorities. By: k..?• . g ac , squi Date: 4216-4- s ,24 ZAO' CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Answer and New Matter of Defendant, Anne L. Morlock, to Plaintiffs Amended Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first- class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP Date: ae. gg Alzola * . By: .Tr1Ply THE` 2009 OCT 22 Pil i : 4 ! Cw' C a THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 1017 Mumma Road, Suite 300 Wormleysbur& PA 17043 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock. KERI L. [HAUSLYAK] CASCARINO, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANNE L. MORLOCK, Defendant TO THE PROTHONOTARY: : No. 08-4892 Civil CIVIL ACTION - LAW JURY TRIAL. DEMANDED PRAECIPE Please substitute the attached Verification of Defendant Anne L. Morlock for the Verification of B. Craig Black, Esquire attached to the Answer And New Matter Of Defendant Anne L. Morlock to Plaintiff's Amended Complaint filed in the above captioned matter on or about October 21, 2009. Respectfully submitted, The Chartwell Law Offices, LLP By: / BZCraii ack, Esqui re AD. #36818 10ma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 Date: -iez°vA&,.. s4ta,9 VERIFICATION I, Anne L. Morlock, hereby verify the statements set forth in the foregoing Answer and New Matter of Defendant to Plaintiffs Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made by me are subject to the penalties of 18 PAC.S.A. Section 4904, regarding falsification to authorities. By: Anne L. Vlorlock Date: 10-DI 01 . CERTIFICATE OF SERVICE I, Stephanie L. Gaffey, Legal Assistant to B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Praecipe to Substitute Verification to the Answer and New Matter of Defendant, Anne L. Morlock, to Plaintiffs Amended Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP -- , Date: BY Stephanie L. Gaffey, Legal Assistan o B. Craig Black, Esquire RD-OFFICE OF THE TAW 2009 OCT 27 AM 9: 06 CUMJ? L. {e et i,NO PEt i&S IVANIA KERI L. HAUSLYAK, V. Plaintiff ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER Now comes the Plaintiff, Keri L. Hauslyak, by and through her counsel, Smigel, Anderson & Sacks, and makes the following Reply to the New Matter of the Defendant: 13. No response required. 14. It is denied that any portion of Plaintiff's claim is barred by the provisions of the Pennsylvania Motor Vehicle Responsibility Law. 15. Is denied that any of Plaintiffs injuries and losses was caused by any person or event outside the control of the Defendant. 16. It is denied that Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 17 It is denied that Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act. 18. It is denied that Plaintiff was contributorily negligent and/or assumed the risk of injury. 19. It is denied that there were any negligent acts and/or omissions of other individuals or entities which constituted an intervening or superseding cause of the injuries sustained by the Plaintiff. 20. Is denied that Plaintiff's injuries were caused by the act and/or omissions of a person or persons other than Defendant. 21. It is denied that Plaintiff entered into a Release with other individuals or entities which had the effect of discharging any liability of the Defendant. 22. It is denied that Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiff claims Plaintiff is barred from any recovery of non- economic losses. Furthermore, Plaintiff was insured at the time of the accident under a policy of automobile insurance under which she elected the "full tort" option. 23. It is denied that the plaintiff claims are barred by the applicable Statute of Limitations. 24. It is admitted only that Defendant is entitled to a credit for any payments made in the past to Plaintiff on account of property damage to Plaintiffs vehicle. WHEREFORE, Plaintiff prays for judgment against Defendant as requested in her Complaint. Respectfully submitted, SMIGEL, ANDER_S-ON & SACKS Date: October 28, 2009 By: 6_11 C. Le Anderson, Esquire Supreme Court ID # 21315 431 N h Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff KERI L. HAUSLYAK, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ANNE L. MORLOCK, NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Reply to the New Matter of the Defendant upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: B. Craig Black, Esquire The Chartwell Law Offices, LLP 1017 Mumma Road Wormleysburg, PA 17043 SMIGEL, ANDERS Date: October 28, 2009 Defendant By: ID # 21315 44 1 North Front Street H sburg, PA 17110 (717) 234-2401 CKS Attorneys for Plaintiff Fl LED Jl i?l\JE 2009 O3 33 PH 3: 3 ! CLar? ?} _ .t?NTY &p THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 30 N. 3rd Street, Sutie 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) f I I.?IJ t 1 V L. COUNSEL FOR DEFENDART? , Y Anne L. Morlock. 20{0 JA H 2a * 3n I_V KERI L. [HAUSLYAK] CASCARINO, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-4892 Civil ANNE L. MORLOCK, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS TO THE PROTHONOTARY: Kindly change the mailing address for the undersigned, counsel for Defendant, Anne 1. Morlock, to the following: B. Craig Black, Esquire The Chartwell Law Offices, LLP 30 North Third Street Suite 1050 Harrisburg, PA. 17101 THE CHARTWELL LAW OFFICES, LLP By: B. aig Black, Esqu rney I.D. 36818 Date: , 2C,b CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that I am this day serving a copy of the foregoing Praecipe upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sachs 4431 North Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP L By: Date: .2/, 2 A2 B. Crffig Black, Esquire Z7 THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON ,EAR OF CUMBERLAND COUNTS PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION - LAW '-` JURY TRIAL DEMANDED 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 the subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served. Pursuant to agreement of counsel, the twenty (20) days waiting period was waived. (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas have been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. THE CHARTWELL LAW OFFICES, LLP Date: /v BY: C g B ack, quire Att ey for Defendant THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 BY: PATRICIA HAAS CORLL, ESQ. ATTORNEY I.D. NO: 59238 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: C. Lee Anderson, Esquire SMIGEL ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff Defendant, Anne Morlock intends to serve subpoenas identical to that attached to this notice to the deponent listed below, requesting records be produced at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. 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 subpoenas. If no objection is made the subpoenas may be served. Good Samaritan Hospital (Baltimore, MD) Avraam C. Karas, M.D. Cummings Associates Alan D. Roumm, M.D. Holy Spirit Hospital Schuylkill Medical Center (Good Samaritan Medical Center, Pottsville, PA) Kline Family Practice Clinic THE CHARTWELL LAW OFFICES, LLP Date:..„ ,t6, roro eol BY: Fo?h g Black, squi ID 36818 30 Third Street, Suite 1050 Harrisburg, PA 17101 717-909-5170 Attorney for Defendant, Anne Morlock COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE 1. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Good Samaritan Hospital 5601 Loch Raven Blvd Baltimore MD 21239 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Seal of the Court Plaintiff Prothonotary, Civil Division Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI I. HAUSLYAK, V. CIVIL ACTION - LAW ANNE I. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Avraam C. Karas M.D. Good Samaritan Hospital, 5601 Loch Raven Blvd Russell Morgan Building Suite 404, Baltimore MD 21239 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Plaintiff Seal of the Court Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE I. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Cummings Associates 1617 N Front Street Harrisburg PA 17102 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Plaintiff Seal of the Court Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE I. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Alan D. Roumm M.D. 1845 Center Street Camp Hill PA 17011 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Plaintiff Seal of the Court Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/7/76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI I. HAUSLYAK, V. CIVIL ACTION - LAW ANNE 1. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Holy Spirit Hospital 503 N 2151 Street Camp Hill PA 17011 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Seal of the Court Plaintiff Prothonotary, Civil Division Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE 1. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Schuylkill Medical Center, 700 East Norwegian Street Pottsville PA 17901 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Plaintiff Seal of the Court Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE I. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Kline Family Practice Clinic Polyclinic Medical Center, 2601 North Third Street, 3`d Floor, Harrisburg PA 17110 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Seal of the Court Plaintiff Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/7/76 THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Certificate Prerequisite to Service of Subpoenas upon the following person(s) in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first class postage pre-paid, addressed as follows: C. Lee Anderson, Esquire SMIGEL ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff THE CHARTWELL LAW OFFICES, LLP BY: q B. Craig Blad, Esquire Dated: [ ku Attorney for Defendant, Anne L. Morlock THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA , T, No. 08-4892 Civil _ ? !T7 J , o u CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 the subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas have been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. THE CHARTWELL LAW OFFICES, LLP Date: ?? BY: 7g ac , A ey for Defendant THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.U. NO: 36818 BY: PATRICIA HAAS CORLL, ESQ. ATTORNEY I.D. NO: 59238 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock. KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-4892 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: C. Lee Anderson, Esquire SMIGEL ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff Defendant, Anne Morlock intends to serve subpoenas identical to that attached to this notice to the deponent listed below, requesting records be produced at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. 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 subpoenas. If no objection is made the subpoenas may be served. Response Worldwide Insurance Company Dr. Mark Holencik PinnacleHealth - Harrisburg Hospital Myron D. Haas, D.O. Tristan Associates THE CHARTWELL LAW OFFICES, LLP BY: - --? / B. C g Black, Esquir ID .: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 717-909-5170 Date: (? (0 Attorney for Defendant, Anne Morlock COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. ANNE I. MORLOCK Plaintiff Defendant CIVIL ACTION - LAW Docket No.: 08-4892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Response Worldwide Insurance Company, 500 Broad Street Meriden CT 06450-1034 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 records pertaining to Policy No.: 0255655, Claim No: G0506003496 Insured Keri L. Hauslyak including first party benefits UIM and Property damage claims at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE 1. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Dr. Mark Holencik 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: Any and all medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock Date: Seal of the Court Plaintiff BY THE COURT: Prothonotary, Civil Division Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE I. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PinnacleHealth - Harrisburg Hos?ltal PO Box 8700, Harrisburg PA 17105 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 medical records pertaining to Keri L Hauslyak Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Plaintiff Seal of the Court Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/7/76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI I. HAUSLYAK, V. CIVIL ACTION - LAW ANNE I. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Myron D. Haas. D.O.. 700 Schuylkill Manor Road Suite 1 Pottsville PA 17901 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 medical records pertaining to Keri L. Hauslyak. Please see attached addendum at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Prothonotary, Civil Division Plaintiff seal of the Court Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERI 1. HAUSLYAK, V. CIVIL ACTION - LAW ANNE 1. MORLOCK Docket No.: 08-4892 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Tristan Associates 4518 Union Deposit Road Harrisburg, PA 17111 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 medical records and films pertaining to Keri L. Hauslyak Please see attached addendum. at The Chartwell Law Offices, LLP, 30 North Third Street, Suite 1050, Harrisburg, PA 17101. You many 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: B. Craig Black, Esquire ADDRESS: The Chartwell Law Offices, LLP 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Anne L, Morlock BY THE COURT: Date: Seal of the Court Plaintiff Prothonotary, Civil Division Deputy ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, radiology films, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Keri Hauslyak Social Security No.: 190-68-7417 Date of Birth: 5/ 7/ 76 THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) COUNSEL FOR DEFENDANT Anne L. Morlock KERI L. HAUSLYAK, Plaintiff V. ANNE L. MORLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4892 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Certificate Prerequisite to Service of Subpoenas upon the following person(s) in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first class postage pre-paid, addressed as follows: C. Lee Anderson, Esquire SMIGEL ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff THE CHAI?jWELL LAW OFFICES, LLP BY: In - ' f?c,a Craig B , Esquire Dated: a 0 Attorney for Defendant, Anne L. Morlock KERI L. CASCARINO, Plaintiff V. ANNE L. MORLOCK, Defendant CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS,, OF CUMBERLAND COUNTY, PENNSYLVANIA = T _-+ No. 08-4892 Civil ^ 4M CIVIL ACTION - LAW -== JURY TRIAL DEMANDED c..a cn I, C. Lee Anderson, Esquire, attorney for Plaintiff in the above-captioned matter, certify that on this day I served a copy of the foregoing Plaintiff's Answers to Defendant's Interrogatories Addressed to Plaintiff-Set II, upon the person indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the date below and addressed as follows: B. Craig Black, Esquire The Chartwell Law Offices 30 North Third Street, Suite 1050 Harrisburg, PA 17101 SMIGEL, Date: March 12, 2010 By: C. Lee'An erson;-Esquire I.D. No. 315 4431 No h Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 LLP Attorneys for Plaintiff KERI L. CASCARINO, Plaintiff V. ANNE L. MORLOCK, Defendant t-J IN THE COURT OF COMMON P AP _71 OF CUMBERLAND COUNTY,.`' `? = 7, rh 7 PENNSYLVANIA c No. 08-4892 Civil = CIVIL ACTION -LAW c?a a JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, attorney for Plaintiff in the above-captioned matter, certify that on this day I served a copy of the foregoing Plaintiff's Reply to Defendant's Request for Production of Documents Directed to Plaintiff-Set II, upon the person indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the date below and addressed as follows: B. Craig Black, Esquire The Chartwell Law Offices 30 North Third Street, Suite 1050 Harrisburg, PA 17101 SMIGEL, Date: March 12, 2010 By: :14 &?Kl el& /- C. Lee de son, Esquire 1. D. No. 213 5 4431 North ront Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 LLP Attorneys for Plaintiff CA/TL PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ------------------- CAPTION OF CASE (entire caption must be stated in full) EMI L. CASCARINO, vs. ANNE L. MORLOCK, (Plaintiff) rv a O x.. Rn 'a 81-0 ----------+t (check one) X? Civil Action - Law 0 Appeal from arbitration (other) The trial list will be called on June 1, 2010 and Trials commence on June 21, 2010 (Defendant) Pretrials will be held on June 9, 2010 VS. (Briefs are due S days before pretrials No. 08-4892 2008 Term Indicate the attorney who will try case for the party who files this praecipe: C. Lee Anderson, Esquire Indicate trial counsel for other parties if known: B. Craig Black, Esquire This case is ready for trial. Date: March 30, 2010 Signed: --.- Print Name: C. Attorney for: Z ? 4015, or) PA pTSry 00 (2 (.880 P-* ,;140957 CA trl- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ----------------------------- CAPTION OF CASE (entire caption must be stated in full) KERI L. CASCARINO, (Plaintiff) vs. f? r= (check one) ?X Civil Action -Law ? Appeal from arbitration (other) c." .mac W The trial list will be called on August 31, 2010 and September 20, 2010 Trials commence on ANNE L. MORLOCK, September 8, 2010 (Defendant) Pretrials will be held on vs. (Briefs are due 5 days before pretrials 08-4892 2010 No. Term Indicate the attorney who will try case for the party who files this praecipe: C. Lee Anderson, Esquire Indicate trial counsel for other parties if known: B. Craig Black, Esquire This case is ready for trial. Signed: Date: June 18, 2010 C. L-A Anderson, Esquire Print Name: Attorney for: ???`' ? 7353 A*vol A6( AWJ(dlol SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 (717) 234-2401 KERI L. CASCARINO, Plaintiff V. ANNE L. MORLOCK, Defendant : NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE, SETTLE AND END TO THE PROTHONOTARY: Please mark the above-referenced action settled and discontinued with prejudice. SMIGEL, ANDERSON SACKS, LLP Date: August 20, 2010 Tf R :Fr1r^ OTAt?Y n tl « 24 pll 4' 02 C. Lee Anderson, Esquire 11ii Anderson@sasllp.com Attorney for Plaintiff G?iUi3?'Y THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA By: /-'_ C. L e nderson, Esquire I.D. .: 21315 4431 orth Front Street, 3rd Floor Harrisburg, PA 17110-1709 (717) 234-2401 KERI L. CASCARINO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANNE L. MORLOCK, Defendant NO. 08-4892 CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that I have served a Praecipe to Discontinue, Settle, and End upon counsel by depositing the same in the U.S. Mail, first class, postage prepaid on this 20th day of August 2010, as addressed below: B. Craig Black, Esquire Chartwell Law Offices 30 North Third Street, Ste. 1050 Harrisburg, PA 17101 SMIGEL, ANDERSON Date: August 20, 2010 By: - L-1 C. Lee n erson, squire I.D. #:213 5 4431 No h Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 LLP 2