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Home My WebLink About08-5313Date: 5/19/2008 Dauphin County Time: 10:35 AM Complete Case History Page 1 of 2 Case: 2008-CV-00908-CV Brenda C Weber vs. Mary V Beecroft Filed: 1/18/2008 Subtype: Civil Comment: Status History Physical File: Y Appealed: N Pending 1/18/2008 Transferred 5/19/2008 Judge History Date Judge 1/18/2008 No Judge, Payments Receipt Date Zulli, Philip L (attorney for Webei 151155 1/18/2008 User: LGARCIA dg-82/3 i ,U?0 Reason for Removal Current Type Civil Filing Total Plaintiff Name: Weber, Brenda C SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Zulli, Philip L (Primary attorney) Send Notices Defendant Name: Beecroft, Mary V SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Rauch, Kevin D (Primary attorney) Send Notices Register of Actions 1/18/2008 New Civil Case Filed This Date. No Judge, Plaintiff: Weber, Brenda C Attorney of No Judge, Record: Philip L Zulli Filing: Writ of Summons Paid by: Zulli, No Judge, Philip L (attorney for Weber, Brenda C) Receipt number: 0151155 Dated: 1/18/2008 Amount: $117.00 (Check) Writ of Summons Issued. See Praecipe, No Judge, filed. Amount 117.00 117.00 Date: 5/19/2008 Time: 10:35 AM Page 2 of 2 Dauphin County Complete Case History Case: 2008-CV-00908-CV Brenda C Weber vs. Mary V Beecroft Register of Actions 1/24/2008 Writ of Summons: Sheriff's Return filed stating service was completed. So answers J.R. Lotwick, Sheriff. Mary V Beecroft Assigned to Dauphin Co Sheriffs Office Service fee $46.00 Served 1/24/2008 2/19/2008 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., by Kevin D. Rauch, Esquire enters appearance on behalf of defendant, Mary V. Beecroft. Defendant: Beecroft, Mary V Attorney of Record: Kevin D Rauch 5/13/2008 Stipulation to Transfer, filed 5/15/2008 The attached Stipulation of the parties to Transfer this action to the Court of Common Pleas of Cumberland County pursuant to 42 Pa.C.S Section 5103 is granted and incorporated by reference. The Prothonotary is directed to Transfer this Actio to the Cumberland County Court of Common Pleas. Court Costs and filing fees shall be paid by the Plaintiff. See ORDER filed. Copies Dist BY Court 5/15/08. 5/19/2008 The above action transferred to the Court of Common Pleas of Cumberland County. ****NO MORE ENTRIES CASE TRANSFERRED'"" TO THE COURT OF COMMON MAY 19 2006LEAS OF CUMBERLAND COUNTY I hereby certify that the f ing is a t Ne and correct co y of a ginal filed. ?' r 0 otary/Cle o C s No Judge, No Judge, No Judge, No Judge, Kleinfelter, Joseph H. No Judge, No Judge, User: LGARCIA f? p o ? 0 C: cro t Jl z.? C/a rr cn -, -, cI BRENDA C. WEBER 9518 Allentown Blvd. Grantville, PA 17028 Plaintiff V. MARY V. BEECROFT 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant AND NOW, this ??y IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 2008 - CV - 908 - CV ORDER day of May, 2008, the attached Stipulation of the Parties to Transfer this action to the Court of Common Pleas of Cumberland County pursuant to 42 Pa. C.S. Section 5103 is granted and incorporated by reference. The Prothonotary is directed to Transfer this Action to the Cumberland County Court of Common Pleas. Court Costs and filing fees shall be paid by the Plaintiff. MAY 19 2008 BY THE COURT, hroo COIIHN MW a foregoing is a true and correct ;Iooy of the original filed. F\ Plaintiff: Philip L. Zulli, Esq., 155 Grandview Rd., Hummelstown, PA 17036 Defendant: Kevin D. Rauch, Esq., S.M.H.G.&S., L.L.P., 1017 Mumma Rd. Lemoyne, PA 17043 "p, A E ECEIVED OF 7 ICE OF IRA A f?OMOTARY ? ? C 2008 MAY 13 PM 3: 48 v lkUr;ffi COUNTY PENNA Philip L. Zulli, Esq. 155 Grandview Road Hummelstown, PA 17036 717-566-8585 BRENDA C. WEBER 9518 Allentown Blvd. Grantville, PA 17028 Plaintiff V. MARY V. BEECROFT 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 2008 - CV - 908 - CV STIPULATION TO TRANSFER NOW COME BRENDA C. WEBER, Plaintiff, by and through her attorney Philip L. Zulli, Esq. and MARY V. BEECROFT, Defendant, by and through her attorney, Kevin D. Rauch, Esq., and stipulate to transfer this matter pursuant to 42 Pa. C.S. Section 5103 to the Cumberland County Court of Common Pleas for the following reasons: 1. Plaintiff resides at 9518 Allentown Blvd, Grantville, Dauphin County, Pennsylvania, 17028. 2. Defendant resides at 207 Lincoln Street, Apt. D, Duncannon, Perry County, Pennsylvania, 17020. fWI 4L 3. A Writ of Summons against Defendant was filed by Plaintiff on January 18, 2008, in Dauphin County, Pennsylvania. 4. This civil action involves a motor vehicle accident that occurred in Mechanicsburg, Cumberland County, Pennsylvania. 5. The Parties Stipulate that the Place of injury was Cumberland County, Pennsylvania. 6. The Parties mutually agree and stipulate that proper venue for this action lies in Cumberland County, Pennsylvania and not Dauphin County. 7. The Parties agree and stipulate to the Court transferring this action to Cumberland County pursuant to the Judicial Code, 42 Pa. C.S. Section 5103. 8. The Parties stipulate that court costs and filing fee shall be upon the Plaintiff. 9. A proposed Order transferring this action to Cumberland County is attached. WHEREFORE, the Parties respectfully request that the Court adopt this Stipulation and Transfer this Action to Cumberland County. Philip L. Zulli, Attorney for Plaintiff 155 Grandview Road Hummelstown, PA 17036 717-566-8585 1(,_ a iL I u. Kevin D. Rauch.Esq. Summers, McDonnel, Hudock, Guthrie & Skeel, LLP Attorneys for Defendant 1017 Mumma Road Lemoyne, PA 17043 717-901-5916 May 7, 2008 May 7, 2008 ,.. w M BRENDA C. WEBER 9518 Allentown Blvd. Grantville, PA 17028 Plaintiff V. MARY V. BEECROFT 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 2008 - CV - 908 - CV CERTIFICATE OF SERVICE I certify that a copy of the forgoing Stipulation has been served upon the following parties by personal service on the date indicated below: Philip L. Zulli, Esq. Kevin D. Rauch, Esq. Summers, McDonnel, Hudock, Guthrie & Skeel, LLP 155 Grandview Road 1017 Mumma Road Hummelstown, PA 17036 Lemoyne, PA 17043 Attorney for Plaintiff Attorneys for Defendant May 12, 2008 Philip L. Z i, E Atty. Id. 47499 155 Grandview Road Hummelstown, PA 17036 717-566-8585 L ' kECEIVED IMAGED"' nFFICE OF tO.HONOTARY PIM JAN 18 PN 3153 uAUPPENNAUNTY BRENDA C. WEBER IN THE COURT OF COMMON PLEAS, 9518 Allentown Blvd. DAUPHIN COUNTY, PENNSYLVANIA Grantville, PA 17028 Plaintiff CIVIL ACTION - LAW V. MARY V. BEECROFT No.: CV QC? 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Kindly issue the enclosed Writ of Summons in the above-captioned action. Philip L. ZuIW, Esquire`- 155 Grandview Road Hummelstown, PA 17036 (717) 238-9004 January 18, 2008 Ca T M9 8 1 `iAl'. TY?l tECEIVEO 1?' DICE OF ROTHONOTARY 20 JAN 18' PR 3:11 DAUPHIN COUNTY PENNA BRENDA C. WEBER 9518 Allentown Blvd. Grantville, PA 17028 Plaintiff v. MARY V. BEECROFT 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant To: MARY V. BEECROFT IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: cv V WRIT OF SUMMONS You are hereby notified that Brenda C. Weber has commenced an actio ainst you. A Steve ina, ro o tary JAS 18 2008 By Date (Sea] of the Court) C? :C "19 8 1 WS (ptfit-t of the 'Sh-er If Mary Jane Snyder R Estate Deputyy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 IMAGED Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin BRENDA C WEBER VS MARY V BEECROFT Sheriffs Return No. 2008-CV-00908-CV And now: JANUARY 24, 2008 at 12:41:00 PM served the within WRIT OF SUMMONS upon MARY V BEECROFT by personally handing to CAROL NOLL 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 207 LINCOLN ST, APT. D DUNCANNON PA 17020 PERSON IN CHARGE So Answers, Sheriff of Dauphin County, Pa. Deputy: COUNTY OTHER Plaintiff. BRENDA C WEBER Sheriffs Costs: $46 1/23/2008 c. a? Z C- A --4; N O Q CA X0 z w 0 -v 3 w CA CY% c- r N os 0 ca -,1 M c.; -a M ..-: C J IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, V. IMAGE' NO. 2008-CV-908-CV PRAECIPE FOR APPEARANCE MARY V. BEECROFT, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16089 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, t C= rn V. NO. 2008-CV-908-CV Z .a MARY V. BEECROFT, (Jury Trial Demanded) -- Defendant. .? t PRAECIPE FOR APPEARANCE -< c.) -' TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Mary V. Beecroft, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 14TH day of February, 2008. Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Ke in D. Rauch, Esquire Counsel for Defendant J -If- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, NO. 08-5313 V. PRAECIPE FOR RULE MARY V. BEECROFT, TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HYDOCK, GUTHRIE and SKEEL, L.L.P.'' Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16089 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P81NNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, V. NO. 08-5313 MARY V. BEECROFT, (Jury Trial Demanded) Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Brenda C. Weber, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ( '?" D Qx'-, ? A ?i evin D. Rauch, Esquire Counsel for Defendant /.. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7 day of t? 2008. Philip L. Zulii, Esquire 155 Grandview Road Hummelstown, PA 17036 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant V ? ' t4 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, Plaintiff, V. MARY V. BEECROFT, Defendant. CIVIL DIVISION NO. 08-5313 (Jury Trial Demanded) RULE AND NOW, this day of 6:,-zEA1 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rlule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this 3AZ(- day of 6--4, L" , 2008; Pr nota Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 r-a 0 r7i c- I-TI 1 . _ > r'n O ?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER 9518 Allentown Blvd. Grantville, PA 17028 Plaintiff CIVIL DIVISON V. No.: 08-5313 MARY V. BEECROFT (Jury Trial Demanded) 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance writing with the Court your defenses or ob'ecionsothe personally or by aorney claims set forth a gamey and filing in warned that if you fail to do so the case ma gmst You. You are entered against you by the Court without further no proceed tice for anyomo money claimed in the Complaint t or for any other claim or relief requested by the Plaintiff. You may lose mone or ro P other rights important to you. y p perry or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en pr6ximos veinte (20) dias despuds 'as de l siag ientesin i a eat Oman cion dentro de los personalmente o por medio de un abogado Una comparecencia escrita y radicando an 1a Corte escrito sus defensas de, y objecciones a, las demandas presentaesc its a. le C Por Y advierte de que si usted falls de tomar acci6n como se describe ante qui en ennte, el contra a caso puede proceder sin usted y un fallo por cualquier suma de dmero reclamada en la demanda o cualp otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suYa arer Corte sin mds aviso adicional. Usted puede perder dinero o propied ad u otros derechos p la importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. SI OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. UN Si USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES P QUE ESTA OFICINA LE PUEDA PROVEER INFORMAC16N SOBRE AGENCIA S S QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAE CUALIFICAN. S Q Cumberland County Bar Association 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 Philip 1 Atty. ID. No. 4 499 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER 9518 Allentown Blvd. Grantville, PA 17028 Plaintiff V. MARY V. BEECROFT 207 Lincoln Street, Apt. D Duncannon, PA 17020 Defendant CIVIL DIVISON No.: 08-5313 (Jury Trial Demanded) COMPLAINT AND NOW comes the Plaintiff, Brenda C. Weber, by and through her attorney, Philip L. Zulli, Esquire, and makes the within Complaint against the Defendant, Mary V. Beecroft, and avers as follows: 1. Plaintiff, Brenda C. Weber, is a competent adult individual currently residing at 9518 Allentown Blvd, Grantville, Dauphin County, Pennsylvania 17028. 2. Defendant, Mary V. Beecroft, is an adult individual currently residing at 207 Lincoln Street, Apt. D, Duncannon, Cumberland County, Pennsylvania 17020. 3. At all times material hereto, Plaintiff, Brenda C. Weber, was the operator of a 1993 Jeep Grand Cherokee, vehicle identification number IJ4GZ58S9PC134208 (hereinafter referred to as "Plaintiff vehicle") 4. At all times material hereto, Defendant, Mary V. Beecroft, was the operator of a motor vehicle (hereinafter referred to as "Defendant's vehicle"). 5. At all times material hereto, Plaintiff was a named insured under an automobile insurance policy with Ohio Casualty Group and had elected the full tort option. 6. At all times material to this action, there were no adverse weather conditions. 7. On or about January 20, 2006, Plaintiff, Brenda C. Weber, was lawfully stopped within Cumberland County at a traffic light within the northbound lane of Route 114 at the common intersection of Route 114 with Willow Mill Park and Bow Creek Roads, with Willow Mill Park Road intersecting Route 114 from the West and Bow Creek Road intersecting Route 114 from the East. 8. The aforementioned intersection was controlled by a traffic control signal exhibiting different colored lights and Plaintiff was legally stopped at the aforesaid intersection within the northbound lane of Route 114, because a steady, red signal light was displayed for northbound traffic on Route 114. 9. At approximately the same time and place, Defendant, Mary V. Beecroft, was traveling Northbound on Route 114, approaching said steady, red light at said route's common intersection with Willow Mill Park and Bow Creek Roads, within Cumberland County, Pennsylvania. 10. At approximately the same time and place, Defendant, Mary V. Beecroft, failed to stop for the steady, red signal and failed to stop for the standing traffic already stopped at the steady, red signal. 11. Defendant's front bumper violently struck Plaintiff's vehicle in the rear. 12. As a direct and proximate result of the negligence of the Defendant Mary V. Beecroft, Plaintiff, Brenda C. Weber, sustained soft tissue injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Brenda C. Weber v. Mary V. Beecroft 13. Plaintiff, Brenda C. Weber, incorporates by reference paragraphs 1 through 12 above, as if the same were set forth fully herein. 14. The aforementioned collision and the resultant injuries to the Plaintiff, Brenda C. Weber, were caused directly and proximately by the carelessness and negligence of Defendant, Mary V. Beecroft, generally and more specifically as set forth below: a) In failing to keep a proper lookout for vehicles lawfully stopped and standing within the northbound lane on Route 114 for the steady red signal at the intersection of Route 114 with Willow Mill Park and Bow Creek Roads in Cumberland County, Pennsylvania; b) In failing to be reasonably vigilant and reducing speed while approaching stopped traffic, in violation of 75 Pa. C.S.A. § 3112(a)(i); C) In failing to stop her vehicle for a steady red signal in violation of 75 Pa. C.S.A. § 3112(a)(i); d) In negligently driving her vehicle into stopped traffic at the intersection of Route 114 and Willow Mill Park and Bow Creek Roads without properly stopping; e) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; f) In failing to exercise the high degree of care required of a motorist approaching an intersection; g) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; h) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); and i) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 15. Plaintiff, Brenda C. Weber, sustained personal injuries including, but not limited to, the following: a) pain in back and bilateral shoulder blade region; b) low back pain when bending and turning; C) pain down right leg; d) pain in arms; e) severe headaches. 16. As a direct and proximate result of the negligence of Defendant, Mary V. Beecroft, the Plaintiff, Brenda C. Weber, has suffered physical pain, discomfort, and mental anguish, and she will continue for an indefinite period of time in the future to endure the same to her physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Mary V. Beecroft, the Plaintiff, Brenda C. Weber, has been compelled, in order to effect a cure and alleviate pain and suffering for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Mary V. Beecroft, the Plaintiff, Brenda C. Weber, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Brenda C. Weber, seeks damages from the Defendant, Mary V. Beecroft, in an amount within the arbitration limits of Cumberland County, inclusive of interest and costs. Respectfully Submitted, Date: March 2, 2009 1 ?0 Philip L. Zulli, Esq. Atty. ID. No. 47499 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Brenda C. Weber, Plaintiff CERTIFICATE OF SERVICE AND NOW, this Se_ cond day of March, 2009, I, Philip L. Zulli, Esq., attorney for Plaintiff, hereby certify that (original service of process of a Writ of Summons having been perfected previously) I have this date served Plaintiffs Complaint with Notice to Defend upon Defendant by mailing a copy via United States First Class Mail, postage pre-paid, and via fax to John A. Lucv. Esauire of Q,,.,,....,..... , &_r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, NO. 08-5313 V. MOTION TO COMPEL DISCOVERY MARY V. BEECROFT, ANSWERS AND RESPONSES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16089 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, V. NO. 08-5313 MARY V. BEECROFT, (Jury Trial Demanded) Defendant. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES 1. On or about October 2, 2008, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above- referenced matter. (A true and correct copy of correspondence between parties dated October 2, 2008, is attached hereto as Exhibit "A.") 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiffs responses to Defendant's Interrogatories and Request for Production of Documents should have been received on or before November 1, 2008. 3. Defense counsel granted Plaintiffs counsel an extension of time in which to respond to discovery on or by February 1, 2009. (A true and correct copy of correspondence between parties dated January 12, 2009, attached hereto as Exhibit "B 11) 4. On or about February 17, 2009, defense counsel indicated to Plaintiffs counsel that he could not grant any additional extensions to discovery and requested that discovery be received by March 2, 2009. (A true and correct copy of correspondence between parties dated February 17, 2009, is attached hereto as Exhibit „C „) 5. To date, Defendant has not received a full response from Plaintiff for Plaintiffs counsel regarding Defendant's Interrogatories or Request for Production of Documents in regards to the above. 6. It is necessary for the proper defense of this lawsuit that Plaintiff respond to Defendant's discovery request. 7. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within thirty (30) days. 8. Counsel for Defendant certifies that he has attempted to contact Plaintiffs counsel and never resolve this discovery dispute as set forth above. 9. Despite such attempts by defense counsel, Plaintiffs discovery responses have not yet been received. WHEREFORE, Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 1:-L or/(,/,,, (dk-z, vin D. Rauch, Esquire Counsel for Defendant October 2, 2008 Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 RE: Weber v. Beecroft Our File No. 16089 Dear Mr. Zulli: Enclosed please find Defendant's Interrogatories and Request for Production of Documents in the above-referenced matter. Kindly reply to the above-referenced discovery within the timeframe established by the Pa.R.C.P. It should be noted that I have filed a Praecipe for Rule to File Complaint and will issue the Rule to you, once received. Should you have any questions or concerns regarding the above, please contact me. Thank you. yours, John A. uc JAL:Iat Enclosures January 12, 2009 Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 RE: Weber v. Beecroft Our File No. 16089 Dear Mr. Zulli: Pursuant to our most recent conversation, you have indicated that you will have a Complaint as well as responding to our discovery by February 1, 2009. Additionally, enclosed please find the pleadings, discovery, and correspondence between the parties which has been contained in my file. I would ask, however, that if you would like the additional remains of my file to include all discoverable material that you please make a formal request for the same, and I will be certain to provide you a copy. In the meantime, should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. truly yours, P-j (70 John k Lu JAL:Iat Enclosures February 17, 2009 Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 RE: Weber v. Beecroft Our File No. 16089 Dear Mr. Zulli: During our last conversation, you indicated that you would be transferring this file to new counsel. At this time, I cannot grant any additional extensions, and I would request that you respond to our discovery as well as file your Complaint by March 2, 2009. if I do not receive the Complaint or your client's Answers to our Interrogatories and Request for Production of Documents, I must move forward with requesting court intervention. Additionally, i would ask that you please contact me upon receipt of this correspondence so that we may discuss this matter further. Should you have any questions or concerns regarding the above, please contact me. Thank you. truly yours, (7((3 John A fuc JAL:Iat CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 25th day of March, 2009. Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: t d" Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, Plaintiff, V. MARY V. BEECROFT, Defendant. AND NOW, TO WIT, this CIVIL DIVISION NO. 08-5313 (Jury Trial Demanded) ORDER day of 2009, it is hereby ORDERED, ADJUDGED, and DECREED that the Plaintiff, provide the Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within thirty (30) days of the date of this Order. BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 -1 .` '- ' - ? l Y _ L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, Plaintiff, V. NO. 08-5313 CIVIL DIVISION ANSWER AND NEW MATTER MARY V. BEECROFT, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16089 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, V. NO. 08-5313 MARY V. BEECROFT, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Mary V. Beecroft, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: COMPLAINT 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part, denied in part. It is denied that the Defendant resides in Cumberland County. To the contrary, she resides in Parry County. The remainder of the allegations are admitted. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted in part, denied in part. It is admitted that a collision between the Defendant and the Plaintiffs vehicles occurred on the time, date, and place averred. The remainder of the allegations in paragraph 11 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE BRENDA C. WEBER v. MARY V. BEECROFT 13. In response to paragraph 13, the Defendant reiterates and repeats all her responses in paragraphs 1 through 12 as if fully set forth at length herein. 14. Paragraph 14 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Mary V. Beecroft, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 22. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Mary V. Beecroft, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. B d-s Y• -Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?- k v? "7,A-, 7 2? Ma . Beecroft #16089 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 2nd day of April, 2009. Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendant FILED-OFFICE OF THE PR7TfiONQTARY 1009 APR -3 PM 2: 02 C?v Y'tiN! vv + LVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, CIVIL DIVISION Plaintiff, NO. 08-5313 V. AMENDMENT TO DEFENDANT'S MARY V. BEECROFT, MOTION TO COMPEL DISCOVERY Defendant. ANSWERS AND RESPONSES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16089 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA C. WEBER, Plaintiff, V. MARY V. BEECROFT, Defendant. CIVIL DIVISION NO. 08-5313 (Jury Trial Demanded) AMENDMENT TO DEFENDANT'S MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES 10. At this time, no Judge has ruled upon any issue in this matter. 11. Counsel for Defendant certifies that he has attempted to contact Plaintiffs counsel to resolve the above discovery dispute; however, Defendant has been unable to speak with Plaintiffs counsel and it is hereby averred Plaintiffs counsel does not concur with this motion. 12. Oral Argument is not requested by this Defendant. WHEREFORE, Defendant, Mary Beecroft, respectfully request this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ) (1-1, 0 f I J ky-, Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDMENT TO DEFENDANT'S MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7t" day of April, 2009. Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: I , Q VL ? ? U_ Kevin D. Rauch, Esquire Counsel for Defendant t"` e J uy 't7 zic BRENDA C. WEBER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LA W MARY V. BEECROFT, : Defendant NO. 08-5313 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of April, 2009, upon consideration of Defendant's Motion To Compel Discovery Answers and Responses and Defendant's amendment filed thereto, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, hilip L. Zulli, Esq. 155 Grandview Road Hummelstown, PA 17036 Attorney for Plaintiff VK/evin D. Rauch, Esq. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Attorney for Defendant :rc A lk?-, , esley O , Jr., JL6 . ? (b ices-{'S? Rt.i l13.=?? i "... VR 9 1 .Z Wd L 1 WV 60OZ