HomeMy WebLinkAbout09-61414
Donna B. Ulrich,
VS.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Sudhaker Akasapu Venkata,
Defendant
NO. 0 9- G I I L'tut? i,?
: CIVIL - JURY TRIAL DEMANDED
NOTICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Donna B. Ulrich,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Sudhaker Akasapu Venkata,
Defendant
: NO.
: CIVIL - JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
person o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o
por cualquier otra wueja o compensacion reclamados por el Demandant. USTED PUEDE
PERDER DINERO, O PROPIEDADES U OTROS DERCHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENT. SI USTED NO
TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
Donna B. Ulrich,
VS.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Sudhaker Akasapu Venkata, CIVIL - JURY TRIAL DEMANDED
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, Donna B. Ulrich, by and through her counsel, R. Mark
Thomas, Esquire, and files this Complaint against Defendant, Sudhaker Akasapu Venkata, and in
support thereof respectfully represents:
1. Plaintiff, Donna B. Ulrich, is an adult individual, who resides at 322 Lamp Post
Lane, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant, Sudhaker Akasapu Venkata, is an adult individual, whose last known
address was 109 November Drive, Apartment 6, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. On or about October 23, 2007, at approximately 11:50 a.m., Plaintiff was
traveling eastbound on Market Street in Camp Hill, Pennsylvania, when she came
to a stop for a red traffic light at the intersection of Market Street and 32nd Street
in the Borough of Camp Hill, Pennsylvania.
4. Immediately in front of the Plaintiff was an individual riding a bicycle who was
also stopped at the red traffic and who was also traveling eastbound on Market
Street.
5. The traffic light for eastbound traffic on Market Street turned green at which time
the Plaintiff waited several seconds to allow the individual on the bicycle to
proceed through the intersection.
6. When Plaintiff believed it was safe to proceed through the intersection, Plaintiff
still had the green light and proceeded into the intersection when suddenly and
without warning the Defendant, who was traveling southbound on 32nd Street,
failed to stop at the red traffic light for southbound traffic on 32nd Street, entered
the intersection, and collided with the car being driven by Plaintiff.
7. As a result of the collision, the Plaintiff suffered serious injuries to her cervical
and thoracic regions.
8. The aforesaid accident was caused by the negligence, carelessness and/or
recklessness of Defendant.
9. The Defendant's negligence, carelessness and/or recklessness consisted of the
following:
a. Failure to stop at a steady red traffic signal for traffic moving in the same
direction as the Defendant;
b. Failing to exercise due care in the operation of his vehicle;
C. Failing to yield the right-of-way to Plaintiff who was traveling in
obedience to the traffic control devices at the intersection;
d. Operating his vehicle in a careless and reckless manner without due regard
for the rights and safety of those lawfully upon the roadway, one of whom
was Plaintiff;
e. Failing to bring his vehicle to a stop prior to crashing into the Plaintiff s
vehicle; and
f. Failing to prevent a collision with Plaintiff s vehicle when there was
sufficient time and space to either stop or avoid a collision with Plaintiff s
vehicle.
10. By reason of the aforesaid carelessness, recklessness, and negligence of the
Defendant, Plaintiff suffered severe and permanent injuries to her spinal column,
particularly the cervical and thoracic regions.
11. By reason of the aforesaid carelessness, recklessness, and negligence of the
Defendant, Plaintiff has in the past, and will in the future, undergo severe pain
and suffering.
12. In addition to the aforesaid physical injuries, Plaintiff, as a direct result of
Defendant's carelessness, recklessness, and negligence has been caused to suffer
loss in the form of anxiety, humiliation, frustration, loss of the feeling of well-
being, limitation of activities, and loss of enjoyment of life.
13. As a further result of Defendant's carelessness, recklessness, and negligence,
Plaintiff has been and will be obliged to undergo continuing medical care, to
expend various sums of money, and to incur various expenses for the injuries
which she has suffered.
WHEREFORE, Plaintiff, Donna B. Ulrich, prays that this Honorable Court will enter
judgment in favor of the Plaintiff and against the Defendant in an amount in exceeds the
jurisdictional amount requiring compulsory arbitration pursuant to local rule.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney No. 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities.
Date: D a DPI 4-61V?
Donna B. Ulrich
0
FILED-4 ;? 'FiCE
OF THE PRO ? ?OYNNOTAFY
2009 SEP 10 PV I 12.17
CCUNTY
PEPSNSY"LV',t IA
Pd . c `7 k 3t)
C-c, .244?
02L". .13014 0 7
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
of 4Iii114rrfxn
OFFICE OF TIP -ERiFF
A LEC--s(_,:::, ?
OF TIC" P IC #O FAIRY
Donna B. Ulrich
vs.
Sudhaker Akasapu Venkata
2009 SEP 15 Fri 2: ? 4
CLM u??a
Case Number
2009-6141
SHERIFF'S RETURN OF SERVICE
09/14/2009 07:38 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
September 14, 2009 at 1938 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Sudhaker Akasapu Venkata, by making known unto Sirisha Devi
Chintapatla, wife of defendant at 109 November Drive Apt. 6 Camp Hill, Cumberland County,
Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct
copy of the same.
SHERIFF COST: $41.94
SO ANSWERS,
W -)e r
September 15, 2009 R THOMAS KLINE, SHERIFF
By $? V?/- .
Depu y Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH,
Plaintiff,
V.
CIVIL DIVISION
NO. 09 - 6141
SUDHAKER AKASAPU VENKATA,
Defendant.
PRAECIPE FOR APPEARANCE
(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, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#17366
11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH,
Plaintiff,
CIVIL DIVISION
V.
SUDHAKER AKASAPU VENKATA,
Defendant.
NO. 09 - 6141
(Jury Trial Demanded)
PRAECIPE FOR APPEARANCE
TO: THE PROTHONOTARY
Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the
law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the
Defendant, Sudhaker Akasapu Venkata, in the above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & S,KEEL, P.C.
By:
eWn D. F auch, Esquire
ounsel 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 18TH day of September, 2009.
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By:
n D. Roch, Esquire
isel for Defendant
2609 SEE' 21 PG` 2: r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH,
Plaintiff,
V.
SUDHAKER AKASAPU VENKATA,
Defendant.
TO: Plaintiff
You are hereby notified to file a written
response to the enclosed Answer and
New Matter within twenty (20) days
from servirerefll ereof a judgment
maybe ea- ist yoy?7
Sum rs,'IWcDon0bn,'
Guthr o & Skeel, C.
ck,
CIVIL DIVISION
NO. 09 - 6141
ANSWER AND NEW MATTER
(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, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#17366
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH,
Plaintiff,
CIVIL DIVISION
V.
SUDHAKER AKASAPU VENKATA,
Defendant.
NO. 09 - 6141
(Jury Trial Demanded)
ANSWER AND NEW MATTER
AND NOW, comes the Defendant, Sudhakar Akasapu Venkata, incorrectly
identified as Sudhaker Akasapu Venkata, by and through his counsel, Summers,
McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the
following Answer and New Matter and in support thereof avers as follows:
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. Denied as stated. The Defendant's name is Sudhakar Akasapu Venkata.
He resides at 255 East Wendy Way, Apartment 320, King of Prussia, Montgomery
County, Pennsylvania, 19406.
3. Admitted.
4. 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.
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 in part, denied in part. It is admitted that a collision occurred
between the vehicles identified on the date, time, and place of the subject accident. The
remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P.
1029(d) and (e). Strict proof thereof is demanded at the time of trial.
7. Paragraph 7 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.
8. Paragraph 8 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.
9. Paragraph 9 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.
10. Paragraph 10 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.
11. Paragraph 11 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.
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.
13. Paragraph 13 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, Sudhakar Akasapu Venkata, respectfully requests this
Honorable Court enter judgment in his favor and against the Plaintiff with costs and
prejudice imposed.
NEW MATTER
14. 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.
15. 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.
WHEREFORE, Defendant, Sudhakar Akasapu Venkata, respectfully requests
this Honorable Court enter judgment in his favor and against the Plaintiff with costs and
prejudice imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & $KEEL, FC.
By:
vin-u' r-au , tsquire
unsel for efendant
VERIFICATION
Defendant verifies that he is the Defendant in the foregoing action; that the
foregoing ANSWER AND NEW MATTER is based upon information which he has
furnished to his counsel and information which has been gathered by his 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 he has given to his counsel, it is true and correct to the best of his
knowledge, information and belief. To the extent that the content of the ANSWER AND
NEW MATTER is that of counsel, he 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: (t l a-4 / LCD A
Sud r asapu Venkata
#17366
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 30th day of October, 2009.
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By: u v
vin D. Rauch, Esquire
Ct- -_ 7
unsel for Defendant
r4 r Y
l?i'-u .
OF THE 2009 NO -4 Pei 12: 55
,n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH, CIVIL DIVISION
Plaintiff,
NO. 09 - 6141
V.
STIPULATION TO AMEND CAPTION
SUDHAKER AKASAPU VENKATA,
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, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#17366
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH,
Plaintiff,
CIVIL DIVISION
V.
SUDHAKER AKASAPU VENKATA,
Defendant.
NO. 09 - 6141
(Jury Trial Demanded)
STIPULATION TO AMEND CAPTION
AND NOW, comes the Defendant, Sudhakar Akasapu Venkata, by and through
his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch,
Esquire, and files the following Stipulation to Amend Caption:
The undersigned parties hereby stipulate and agree that the caption in this
matter is amended to Donna B. Ulrich, Plaintiff, v. Sudhakar Akasapu Venkata,
Defendant.
R. MARK THOMAS, ESQUIRE
By:-Z?
R. ark Thomas, Esquire
Counsel for Plaintiff
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By:
in D. Rauch, EsgW
nsel for Defendant
101 South Market Street
Mechanicsburg, PA 17055
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
h ':'_ .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing STIPULATION
TO AMEND CAPTION has been mailed by U.S. Mail to counsel of record via first class
mail, postage pre-paid, this day of , 2009.
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By:
in D. Rauch, Esquire
nsel for Defendant
2009 NOV 25 PH 2: .146
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH,
Plaintiff,
V.
SUDHAKER AKASAPU VENKATA,
Defendant.
CIVIL DIVISION
NO. 09 - 6141
PRAECIPE FOR AMENDMENT OF
CAPTION
(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, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#17366
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH, CIVIL DIVISION
Plaintiff,
V.
NO. 09 - 6141
SUDHAKER AKASAPU VENKATA, (Jury Trial Demanded)
Defendant.
PRAECIPE FOR AMENDMENT OF THE CAPTION
TO THE PROTHONOTARY,
Pursuant to the enclosed Stipulation to Amend Caption, kindly amend the caption
in the above-referenced lawsuit to read: Donna B. Ulrich, Plaintiff, v. Sudhakar Akasapu
Venkata, Defendant.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By:
K vin . Rau h, Esquire
Counsel for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE
FOR AMENDMENT OF CAPTION has been mail ad by U.S. Mail to counsel of record
via first class mail, postage pre-paid, this _ day of )L'A0Q_- ,
2009.
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By:
in D. Radch, Esquire
nsel for Defendant
FLEC?:)i"i `
2009 NOY 25 Ph 2: 46)
C'Lt \ L.Vr N
bonny '3. Gf tr►eli
vs Case No. 619 - Ix /l
mgr
..5gOtilaker 4kCX•50y0 irt � cr
Statement of Intention to Proceed €—�= - c
S - ID
To the Court: _
Dn»nu • mina, intends to proceed with the above captioned matter.
Print Name Mach 'The010 Sign Name ��%1i�
Date: t S. e23 .20/3 Attorney for AP-mg? B. U/ri4
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I.Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2,is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice,preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,714 A.2d
1104 (1998) in which the court held that"prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The?
general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties.
If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she
will file a notice of intention to proceed and the action shall continue.
a.Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated,that party may proceed
under Ru1e230(d)for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period,subdivision(d)(3)requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2).
B.Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
i { Pt,
0 0
t
1, dO7 25 P11 2: 17
cu BERL `;PBC ',
PENNS YLVA IH
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH, CIVIL DIVISION
Plaintiff,
NO. 09 - 6141
v.
DEFENDANT'S ADMINISTRATIVE
SUDHAKAR AKASAPU VENKATA, APPLICATION FOR STATUS
Defendant. CONFERENCE
(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, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#17366
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH, CIVIL DIVISION
Plaintiff,
v. NO. 09 - 6141
SUDHAKAR AKASAPU VENKATA, (Jury Trial Demanded)
Defendant.
DEFENDANT'S APPLICATION FOR STATUS CONFERENCE
AND NOW, comes the Defendant, Sudhakar Akasapu Venkata, by and through
their attorneys, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch,
Esquire, and files the following Motion for Discovery Conference and in support thereof
avers the following:
1. This case arises out of an automobile accident that occurred on October
23, 2007.
2. As a result of the accident, the Plaintiff filed a Complaint sounding in
negligence alleging personal injury.
3. Discovery has been conducted in this case and the parties have
exchanged written discovery and completed depositions.
4. At this time it is believed that all discovery is complete. In an effort to move
this matter forward the Defendant respectfully requests foregoing Administrative
Application for Status Conference be granted so all parties may agree to
schedule dates and deadlines for any additional discovery as well as Pretrial and
Trial Motions.
5. At this time all parties have agreed on this Administrative Application for
Status Conference because they believe the Status Conference could resolve
the outstanding issues and move forward listing this matter for trial.
6. Oral Argument is not requested and is asked this matter be scheduled for
a Status Conference.
WHEREFORE, Defendant, Sudhakar Akasapu Venkata, respectfully request this
Honorable Court enter an Order that this matter be scheduled for a Status Conference.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK
& GUTHRI , '.
.4
By:
evin D. Rauch, Esquire
ounsel for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
DEFENDANT'S APPLICATION FOR STATUS CONFERENCE has been mailed by
U.S. Mail to counsel of record via first class mail, postage pre-paid, this 22nd day of
November, 2013.
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
(Attorney for Plaintiff)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE :,SKEEL, P.C.
By: A( L A.
■'fin D.Y'auch, Esquire
lounsel for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH, CIVIL DIVISION
Plaintiff,
V. NO. 09 - 6141
SUDHAKAR AKASAPU VENKATA, (Jury Trial Demanded)
Defendant.
ORDER
AND NOW, TO WIT, this • day of/141e 1'1 itiew , 2013, it is
hereby ORDERED, ADJUDGED and DECREED that this Honorable Court enter an
Order that this matter be scheduled for a Status Conference for I 34.171 day of
020/47
4 , 21)41 at /(:(4)
BY THE COURT:
Distribution List:
ark Thomas, Esquire; 101 South Market Street, Mechanicsburg, PA 17055
/frevin D. Rauch, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100
Sterling Parkway, Suite 306, Mechanicsburg, PA 17050
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DONNA B. ULRICH, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
•
SUDHAKAR AKASAPU VENKATA,
DEFENDANT : 09-6141 CIVIL TERM
IN RE: STATUS CONFERENCE
ORDER OF COURT
AND NOW, this /3 day of January, 2014, following a status
conference with counsel, we ORDER AND DIRECT as follows:
1. All discovery shall be concluded by March 3, 2014.
2. The parties agree to list this matter for trial for the May term commencing on
May 19, 2014.
By the Court,
A Bert H. Masland, J.
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
le Krombach, Esquire
Kevin D. Rauch, Esquire
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050 rn ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DONNA B. ULRICH, CIVIL DIVISION
Plaintiff,
v. NO. 09 - 6141
SUDHAKAR AKASAPU VENKATA, (Jury Trial Demanded)
Defendant.
PRAECIPE TO SETTLE AND DISCONTINUE
TO: THE PROTHONOTARY
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Please mark the above -referenced case settled and discontinued, with prejudice.
Respectfully submitted,
Bv:
R. Mark Thomas, Esquire
Counsel for Plaintiff