Loading...
HomeMy WebLinkAbout09-1001IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - Idol a-% V l ler w? Civil Action - (XX) Law ( ) Equity AMY JACOBS MICHAEL & BEVERLY CONRAD 817 Anthony Drive 7 Doe Road Mechanicsburg, PA 17055 Enola, PA 17025-1006 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Andrew C. Spears, Esquire Handler Henning & Rosenberg, LLP 1300 Linalestown Road Harrisburg PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney C ? r1__= Signature Attorney Supreme Court ID No. 87737 Date: February 12, 2009 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF ) HA WMMENCED AN ACTION AGAINST YOU. I _ Izfothonotary Date: 02/8 D? by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 C ? ^? `=' •-f-?4?.?.. ? :,mil ?+ ? trtJ L c o c. ?c 0 SHERIFF'S RETURN - REGULAR CASE NO: 2009-01001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACOBS AMY VS CONRAD MICHAEL ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS CONRAD MICHAEL DEFENDANT at 7 DOE ROAD the at 0012:04 HOURS, on the 21st day of February-, 2009 ENOLA, PA 17025-1006 MICHAEL CONRAD DEFENDANT was served upon by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 r) r% Z 1 . J V Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/23/2009 HANDLER HENNING & ROSENBERG By: Deputy Sheriff of A. D. -r tLL r_ LA- SHERIFF'S RETURN - REGULAR CASE NO: 2009-01001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACOBS AMY VS CONRAD MICHAEL ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS CONRAD BEVERLY was served upon the DEFENDANT , at 0012:04 HOURS, on the 21st day of February-, 2009 at 7 DOE ROAD ENOLA, PA 17025-1006 MICHAEL CONRAD by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: "r, R. Thomas Kline 02/23/2009 HANDLER HENNING & ROSENBBEERG By: Deputy Sheriff of A. D. f.i. ` Lj i an - == YA U-1 Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: SPEARS(&hhrlaw.com AMY E. JACOBS, V. Plaintiff MICHAEL CONRAD and BEVERLY CONRAD, Defendants Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA : NO. 2009-01001 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 4* Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: SPEARS(a)hhrlaw.com Attorney for Plaintiff AMY E. JACOBS, NO. 2009-01001 V. : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA MICHAEL CONR.AD and BEVERLY CONRAD, Defendants :CIVIL ACTION - LAW :JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiff, Amy E. Jacobs, by and through her attorneys, Handler, Henning & Rosenberg, LLP, to file the within Complaint against Defendants, Michael Conrad and Beverly Conrad, and avers as follows: 1. Plaintiff, Amy E. Jacobs, is an adult individuals currently residing at 817 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Michael Conrad, is an adult individual with a last known address of 7 Doe Road, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant, Beverly Conrad, is an adult individual with a last known address of 7 Doe Road, Enola, Cumberland County, Pennsylvania 17025. 4. At all times material hereto Plaintiff was a front seat passenger in her sister and brother in law's 2005 Subaru Forrester which was being driven by her sister, Melissa Gaugler (hereafter "Plaintiff's vehicle") 5. At all times material hereto, Defendants were the co-owners of a pick-up truck (hereinafter "Defendants' vehicle.") 6. At all times material hereto, Defendant, Michael Conrad, was the operator of Defendants' vehicle. 7. On or about February 24, 2007, the vehicle Plaintiff was riding in was traveling west on Route 11 (hereafter the "Carlisle Pike") in Mechanicsburg, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Plaintiff's vehicle was lawfully stopped for a red light at the intersection of the Carlisle Pike and Salem Church Road. 9. At approximately the same time and place, Defendants were proceeding directly behind Plaintiff's vehicle on the Carlisle Pike. 10. Defendant Michael Conrad failed to stop their vehicle and suddenly, and without warning, violently struck the rear of Plaintiff's vehicle. 11. As a direct and proximate result of Defendants' negligence, Plaintiff sustained serious and permanent injuries as set forth more fully below. l?-A COUNT 1- NEGLIGENCE Amy E. Jacobs v. Michael Conrad 12. All prior paragraphs are incorporated herein as if fully set forth. 13. The occurrence of the aforementioned collision and all resultant injuries to Plaintiff are the direct and proximate result of the negligence of Defendant Michael Conrad, generally, and more specifically, as set forth below: (a) In failing to be reasonably vigilant to observe the traffic conditions then and there existing; (b) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; C In failing to operate Defendants' vehicle in such a manner that would allow him to apply the brakes and stop before striking the rear of Plaintiff's vehicle; (d) In failing to operate Defendants' vehicle under proper and adequate control so that he could have avoided striking Plaintiff's vehicle; (e) In failing to properly regulate the speed of Defendants' vehicle so as to prevent a rear-end collision; (f) In failing to operate Defendants' vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate Defendants' vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In operating Defendants' vehicle at a speed in excess of the posted speed limit; (1) In failing to maintain proper adequate observation of the existing road and traffic conditions; 0) In failing to exercise reasonable care in the operation and control of Defendants' vehicle in violation of 75 Pa. C.S.A. § 3714; (k) In following another vehicle closer than was reasonable and prudent in violation of 75 Pa. C.S.A. § 3310; (1) In failing to have due regard for the speed of the vehicle and the traffic upon, and the condition of the highway in violation of 75 Pa. C.S.A. § 3310; and (m) In failing to be continuously alert and failing to perceive any warning of danger that was reasonably likely to exist and failing to have Defendants' vehicle under such control that injury to persons or property could be avoided. 14. As a direct and proximate result of the negligence of Defendant Michael Conrad, Plaintiff has suffered serious injuries, including, but not limited to neck pain, back pain, jaw pain, head pain and suffered from dizziness and headaches. 15. As a direct and proximate result of the negligence of Defendant Michael Conrad, Plaintiff has suffered lost wages and may in the future continue loss of income and/or loss of earning capacity. Ir 16. As a direct and proximate result of the negligence of Defendant Michael Conrad, Plaintiff has suffered physical pain, discomfort, and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant Michael Conrad, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and may 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 Michael Conrad, Plaintiff has suffered a loss of life's pleasures and she will continue to suffer same in the future, to her detriment and loss. 19. As a direct and proximate result of the negligence of Defendant Michael Conrad, Plaintiff has been, and will in the future, be hindered from attending to her daily duties, to her detriment and loss, humiliation and embarrassment. WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment in their favor and against Defendants in an amount in excess of the compulsory arbitration limits of York County, Pennsylvania, plus enter such other orders as are equitable and just. COUNT II- NEGLIGENCE/NEGLIGENT ENTRUSTMENT Amy E Jacobs v. Beverly Conrad 20. All prior paragraphs are incorporated herein as if fully set forth. 21. At all times material hereto, Defendant, Beverly Conrad, jointly owned the motor vehicle Defendant Michael Conrad was operating. 22. At all times material hereto, Defendant Michael Conrad operated Defendants' vehicle with the consent and/or permission of Defendant Beverly Conrad. 23. At all times material hereto, Defendant, Beverly Conrad, knew, and/or should have known, that permitting Defendant Michael Conrad, to operate the vehicle created a foreseeable risk of harm to the Plaintiff, and other motor vehicle operators and passengers on Pennsylvania roadways. 24. Defendant, Beverly Conrad, knew, or should have known, that Defendant Michael Conrad was unable to operate a motor vehicle safely, generally and more specifically as set forth below: (a) Defendant Michael Conrad has a history of causing motor vehicle accidents before the collision of February 24, 2007; and (b) Defendant Michael Conrad has a history of careless and/or reckless driving before the collision of February 24, 2007. 25. Despite knowing this, Defendant, Beverly Conrad, negligently entrusted the use of the vehicle to Defendant Michael Conrad. 26. As a direct and proximate result of the negligence of Defendant, Beverly Conrad, f Plaintiff has suffered serious injuries, including, but not limited to neck pain, back pain, jaw pain, head pain and suffered from dizziness and headaches. 27. As a direct and proximate result of the negligence of Defendant, Beverly Conrad, Plaintiff has suffered lost wages and may in the future continue loss of income and/or loss of earning capacity. 28. As a direct and proximate result of the negligence of Defendant, Beverly Conrad, Plaintiff has suffered physical pain, discomfort, and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 29. As a direct and proximate result of the negligence of Defendant, Beverly Conrad, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and may be required to expend money for the same purposes in the future, to her detriment and loss. 30. As a direct and proximate result of the negligence of Defendant, Beverly Conrad, Plaintiff has suffered a loss of life's pleasures and she will continue to suffer same in the future, to her detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, Beverly Conrad, Plaintiff has been, and will in the future, be hindered from attending to her daily duties, to her detriment and loss, humiliation and embarrassment. WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment in their favor and against Defendants in an amount in excess of the compulsory arbitration limits of York County, Pennsylvania, plus enter such other orders as are equitable and just. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: C ? ?. Andrew C. Spears, ire 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs A VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unworn falsification to authorities. ?-- ?-? Date: AMY E. J COBS t CERTIFICATE OF SERVICE J AND NOW, this day of , 2009, I hereby certify that I have served Plaintiff's Complaint upon Defendants by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Michael Conrad 7 Doe Road Enola, PA 17025-1006 Beverly Conrad 7 Doe Road Enola, PA 17025-1006 HANDLER, HENNING & ROSENBERG, LLP By: cl- Andrewr Spe , squire Attorney I.D. No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff " ;t? OF THE 2 009 h Y 27 F -! 1: V1 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Michael Conrad and Beverly Conrad. The Defendants reserve the right to otherwise plead in this matter. Respectfully submitted, LAW OFFICE OF Date: June 8, 2009 BY; 00-Tald R. Dorer, Es4uire Attorney for Defendants Court I.D. No. 39126 & DORER 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney ttorneyfor plaintiff Date: June 8 ,2009 Attorney for Defendants OF THE fGKF HONIO9ARi 2009 JUN -9 PM 12' 36 CUM8-L.;_f 66UNTY PENNSYLVANIA 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that the subject vehicle was owned by Defendant, Michael Conrad. It is specifically denied that Defendant, Beverly Conrad, was a co-owner of said vehicle. 6. Admitted. 7. Admitted. 8. Admitted. 9.-11. Denied. Paragraphs 9 through 11 of Plaintiff's Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiff s Complaint with prejudice. 12. Paragraphs 1 through 11 are incorporated herein by reference, and made a part hereof as if set forth in full. 11-19. Denied. Paragraphs 13 through 19 of Plaintiff's Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21.-31. Denied. Paragraphs 21 through 31 of Plaintiff's Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. NEW MATTER 32. Paragraphs 1 through 31 are incorporated herein by reference, and made a part hereof as if set forth in full. 2 33. The Plaintiff's claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. § 1705. 34. The Plaintiff's claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants respectfully request your Honorable Court' to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, LAW OFFICE OF SNYOER & DORER Date:_ June 24, 2009 By: Donald R. Dorer, Esquire Attorney for Defendants Court I.D. No. 39126 1 The Defendants believe, and thus aver, that any references to the York County Court of Common Pleas in the ad damnum clauses in Plaintiff's Complaint are inadvertent errors. 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS No. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Beverly Conrad verify that the statements made in the foregoing Answer to Cow lp aint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: Q6 ?2?i Beverly nrad 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS No. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Michael Conrad verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: Michael Conrad 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Date:- June 24, 2009 Donald K. Dorer, Esquire Attorney for Defendants FILED-OFFICE OF THE M0" < OI; 0TARY 2009 JUN 26 Pfd 2: 7 PEW4SYLVANA ~, AMY E. JACOBS, PLAINTIFF V. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1001 CIVIL IN RE: CASE MANAGEMENT ORDER OF COURT AND NOW, this 28th day of July, 2010, after conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery in the above matter will be completed on or before October 29, 2010, to include expert discovery. Additionally, the Plaintiff shall submit to counsel for Defendants an itemized statement of special damages to include claimed recoverable special damages such as medical bills and/or income losses by October 29, 2010. 2. All Pre-Trial Motions will be filed on or November 12, 2010. The moving party will set down the case for Argument Court on or before November 24, 2010. Motions will be argued during the Argument Court scheduled for December 14, 2010. 3. This case shall be tried during the January 2011, Civil Term of Court which begins on January 31, 2011. Counsel will ensure that the case is set down for the trial list on or before December 13, 2010, and called for trial during the call of the Civil Trial List on January 4, 2011. 4. Pretrial Conference in this matter will take place on January 19, 2011. 5. Counsel will file Pre-Trial Memorandum on or before January 14, 2011, which shall contain the following: a. A concise summary of the nature of the case. b. A list of all witnesses who may be called to testify at trial by name and address. Counsel should expect witnesses not listed to be precluded from testifying at trial. c. A list of all exhibits the party intends to offer into evidence. All exhibits shall be pre-numbered and shall be exchanged among counsel prior to the conference. Counsel should expect any exhibit not listed to be precluded at trial. d. Plaintiff shall list an itemization of injuries or damages sustained together with all special damages claimed by category and amount. This list shall include as appropriate, computations of all past lost earnings and future lost earning capacity or medical expenses together with any other unliquidated damages claimed; e. Defendant shall state its position regarding damages and shall identify all applicable insurance carriers, together with applicable limits of liability; f. Each counsel shall provide an estimate of the anticipated length of trial. 6. All counsel shall consider themselves attached for Trial of this matter on or during the January 2011 Term of Civil Trial which begins January 31, 2011. By the Court, ~~ ~, M. L. Ebert, Jr., J. c / ~~ , Andrew C. Spears, Esgwre Attorney for Plaintiff ~ ~-- Donald R. Dorer, Esquire " ,w.1 Attorney for Defendants Court Administrator --{~{~g ^t,~l~ ~ p bas e~'.~ ~.~c~~ ~ as~~d ~1 09-009422 Andrew C. Spears, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone No.: (717) 238-2000 Attorney for Plaintiff AMY E. JACOBS, PLAINTIFF VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS 2510 DEC 30 PM 12* 9P `'UMBE• R L A N 0 G0Uii PENNSYLVAHI A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 -1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. HANDLER, HENNING & ROSENBERG, LLP Date: (? T____ Andrew C. pears, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Telephone Number: (717) 238-2000 Attorney for Plaintiff Court I.D. 87737 A 09-009422 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Michael Conrad and Beverly Conrad AMY E. JACOBS, PLAINTIFF VS. MICHAEL CONRAD AND BEVERLY CONRAD, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-1001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached PraeciDe to Settle. Discontinue and End to be served by regular first class mail upon: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Date: December 29, 2010 13*11ald R. Dorer, Esquire Attorney for Defendants