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HomeMy WebLinkAbout09-6766f a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 19143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants NO. Qq-Lo'7(p(P ety-iTerm 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 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. r 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 REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 19143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants NO. C2 0- & 7 G 6 7-24-1 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACI6N SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 19143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants NO. 0 9 - G 14- G Cc.kZ4 -r,, CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, SHANISE K. MALLARD, is an adult individual who currently resides at 7206 Kipling Parkway, District Heights, Prince George's County, Maryland. 2. Defendant, SHANICE D. WILLIAMS, is an adult individual whose last known address is 5435 Webster Street, Philadelphia, Philadelphia County, Pennsylvania. 3. Defendant, JAMILA SKOUTA, is an adult individual whose last known address is 306 Ross Avenue, New Cumberland, York County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on March 6, 2008 on State Route 1014 (Harvey Taylor Bridge), at or about its intersection with North 3rd Street, Wormleysburg, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff, SHANISE K. MALLARD, was a passenger in a 1995 Mazda 626, owned by Barbara R. Reynolds, operated by Defendant, SHANICE D. WILLIAMS, and bearing Washington, D.C. registration Number 766692. 6. At the aforesaid time and place, Defendant, JAMILA SKOUTA, was the operator of a 1995 Mercury Villager, owned by Rachid Rahmouni and bearing Pennsylvania Registration Number EME6110. 7. At the aforesaid time and place, the 1995 Mazda 626 operated by Defendant, SHANICE D. WILLIAMS, and occupied by Plaintiff, SHANISE K. MALLARD, was traveling southbound on North 2"d Street, and was attempting to enter westbound State Route 1014. 8. At the aforesaid time and place Defendant, JAMILA SKOUTA, was operating the 1995 Mercury Villager west in the in the left westbound lane of State Route 1014, immediately behind a 2008 Mercedes-Benz CL550 owned and operated by Thomas A. Beckley. 9. At the aforesaid time and place, the 1995 Mazda 626 operated by Defendant, SHANICE D. WILLIAMS, entered the westbound lanes of travel of State Route 1014 from North 2nd Street and then proceeded into the left 2 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-'728-3200 717-'728-3400 (fax) westbound lane, directly into the path of the 2008 Mercedes-Benz CL550 owned and operated by Thomas A. Beckley causing the 2008 Mercedes-Benz CL550 to strike the rear of the 1995 Mazda 626. 10. While the 2008 Mercedes-Benz CL550 was still in physical contact with the 1995 Mazda 626, Defendant, JAMILA SKOUTA, failed to stop the 1995 Mercury Villager and struck the rear of the 2008 Mercedes-Benz CL550. 11. In the alternative, after the 2008 Mercedes-Benz CL550 made contact with the 1995 Mazda 626, Defendant, JAMILA SKOUTA, failed to stop the 1995 Mercury Villager and struck the rear of the 2008 Mercedes-Benz CL550, causing the 2008 Mercedes-Benz CL550 to strike the rear of the1995 Mazda 626 for the second time. 12. As a result of the aforesaid collision, Plaintiff, SHANISE K. MALLARD, has suffered serious and permanent injuries, including but not limited to the following: a. Cervicodorsal myofascial pain syndrome; b. Bulging discs of the cervical spine at or about C4 through C7; C. Cervical radiculopathy; d. Strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; and e. Cephalgia. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, 3 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) SHANISE K. MALLARD, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has sustained scarring and disfigurement for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has incurred or may hereinafter incur financial expenses and losses which are recoverable and for which damages are claimed. 20. Plaintiff, SHANISE K. MALLARD, was neither the owner of a currently registered private passenger motor vehicle nor a named insured or 4 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) insured under any Pennsylvania private passenger motor vehicle policy on March 6, 2008. Therefore, Plaintiff, SHANISE K. MALLARD, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNTI SHANISE K. MALLARD V. SHANICE D. WILLIAMS 21. Paragraphs 1 through 20 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 22. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, SHANICE D. WILLIAMS, in operating the 1995 Mazda 626 in a careless, reckless manner as follows: a. Failing to drive the 1995 Mazda 626 as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the defendant had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code. b. Failing to slow the 1995 Mazda 626 in obedience to a yield sign to a speed reasonable for the existing conditions and then bringing the 1995 Mazda 626 to a stop before entering a crosswalk or near side of an intersection or the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering in violation of Section 3323 (c) of The PA Motor Vehicle Code. C. In failing to exercise the high degree of care required of a motorist entering an intersection. d. In failing to properly observe traffic signals controlling defendant's direction of travel. e. In failing to yield the right-of-way to on-coming traffic. 5 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) f. In failing to observe the 2008 Mercedes-Benz CL550 on the roadway. g. When entering a roadway from an intersecting road, failing to keep the 1995 Mazda 626 solely within the right-hand lane until safe movement into the left-hand lane could be made. h. Entering a roadway from an intersecting road and immediately proceeding, at least partially, into the far left lane of travel without traveling for some distance in the initial lane that she encountered after exiting the intersecting road. WHEREFORE, Plaintiff, SHANISE K. MALLARD, demands judgment against Defendant, SHANICE D. WILLIAMS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II SHANISE K. MALLARD V. JAMILA SKOUTA 23. Paragraphs 1 through 22 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, JAMILA SKOUTA, in operating the 1995 Mercury Villager in a careless, reckless manner as follows: a. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code. b. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring the 1995 Mercury Villager to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code. 6 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) C. In failing to apply the brakes in time to avoid the collision. d. In permitting or allowing the vehicle to strike and collide with the rear of the 2008 Mercedes-Benz CL550. WHEREFORE, Plaintiff, SHANISE K. MALLARD, demands judgment against Defendant, JAMILA SKOUTA, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLE*ERGER & JANUZZI, LLP Attorne for Plaintiff By: Adam T. Wolfe, Esquire Attorney I.D. #201057 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Date: October 7, 2009 7 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) 0 FILFD,-?'? OF I t-f Pia ti'GTARY 2004 O CT -9 PM 3.02 CUIV. r'? ????Sy LV" PJ' n 41M. 50 Po ATrl ml- 14 S- (D I 2 31 '1 1 a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 19143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants NO. 09-6766 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Cumberland County Prothonotary: Please reinstate the Complaint against Defendant Shanice D. Williams, only. Respectf4lW submitted, SHOL BERGER & JANUZZI, LLP Attorn for Plaintiff By: Adam T. Wolfe, Esquire Attorney I.D. #201057 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Date: November 5, 2009 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff V. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 19143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants t C7 IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLvkNIA NO. lq- (0'76 ? 0.4yitTe-rv4 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 19143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y arehivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaro medidas y puede entrar una orders contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la petition do demanda. usted puede perder dnero o sus propiededas o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ASOGADO IMMEDIATAMENTE. Sl NO TIENE ABOGADO O Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 HOLLENBERGER & JANUZZI LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD 7206 Kipling Parkwy District Heights, MD 20747 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHANICE D. WILLIAMS 5435 Webster Street Philadelphia, PA 10143-2518 AND JAMILA SKOUTA 306 Ross Avenue New Cumberland, PA 17070 Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT FACTS APPLICABLE TO ALL. COUNTS Plaintiff, SHANISE K. MALLARD, is an adult individual who currently resides at 7206 Kipling Parkway, District Heights, Prince George's County, Maryland. 2. Defendant, SHANICE'D. WILLIAMS, is an adult individual whose last known address is 5435 Webster Street, Philadelphia, Philadelphia County, Pennsylvania. 3. Defendant, JAMILA SKOUTA, is an adult individual whose last known address is 306 Ross Avenue, New Cumberland, York County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on March 6, 2008 on State Route 1014 (Harvey Taylor Bridge), at or about its intersection with North 3r# Street, Wormleysburg, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff, SHANISE K. MALLARD, was a passenger in a 1995 Mazda 626, owned by Barbara R. Reynolds, operated by Defendant, SHANICE D. WILLIAMS, and bearing Washington, D.C. registration Number 766692. 6. At the aforesaid time and place, Defendant, JAMILA SKQUTA, was the operator of a 1995 Mercury Villager, owned by Rachid Rahmouni and bearing Pennsylvania Registration Number EME6110, 7. At the aforesaid time and place, the 1995 Mazda 626 operated by Defendant, SHANICE D. WILLIAMS, and occupied by Plaintiff, SHANISE K. MALLARD, was traveling southbound on North 2"d Street, and was attempting to enter westbound State Route 1014. 8. At the aforesaid time and place Defendant, JAMILA SKOUTA, was operating the 1995 Mercury Villager west in the in the left westbound lane of State Route 1014, immediately behind a 2008 Mercedes-Benz CL550 owned and operated by Thomas A. Beckley, 9. At the aforesaid time and place, the 1995 Mazda 626 operated by Defendant, SHANICE D. WILLIAMS, entered the westbound lanes of travel of State Route 1014 from North 2"d Street and then proceeded into the left 2 Sholl berger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) westbound lane, directly into the path of the 2008 Mercedes-Benz CL550 owned and operated by Thomas A. Beckley causing the 2008 Mercedes-Benz CL550 to strike the rear of the 1995 Mazda 626. 10. While the 2008 Mercedes-Benz CL550 was still in physical contact with the 1995 Mazda 626, Defendant, JAMItA SKOUTA, failed to stop the 1995 Mercury Villager and struck the rear of the 2008 Mercedes-Benz CL550. 11. In the alternative, after the 2008 Mercedes-Benz CL550 made contact with the 1995 Mazda 626, Defendant, JAMILA SKOUTA, failed to stop the 1995 Mercury Villager and struck the rear of the 2008 Mercedes-Benz CL550, causing the 2008 Mercedes-Benz CL550 to strike the rear of the19'95 Mazda 626 for the second time. 12. As a result of the aforesaid collision, Plaintiff, SHANISE K. MALLARD, has suffered serious and permanent injuries, including but not limited to the following; a. Cervicodorsal myofascial pain syndrome; b. Bulging discs of the cervical spine at or about C4 through C7; C. Cervical radiculopathy; d. Strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine, and e. Cephalgia. 11 As a direct and proximate result of the aforesaid injuries, Plaintiff, 3 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) SHANISE K. MAI-LARD, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has sustained scarring and disfigurement for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, SHANISE K. MALLARD, has incurred or may hereinafter incur financial expenses and losses which are recoverable and for which damages are claimed. 20. Plaintiff, SHANISE K. MALLARD, was neither the owner of a currently registered private passenger motor vehicle nor a named insured or 4 Shollenberger & Januzxi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) insured under any Pennsylvania private passenger motor vehicle policy on March 6, 2008. Therefore, Plaintiff, SHANISE K. MALLARD, remains eligible to claim compensation for non-economic lass and economic lass sustained in this collision pursuant to applicable tort law. COUNTI SHANISE K. MALLARD V. SHANISE D. WILLIAMS 21. Paragraphs 1 through 20 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 22. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, SHANISE D. WILLIAMS, in operating the 1995 Mazda 626 in a careless, reckless manner as follows: a. Failing to drive the 1995 Mazda 626 as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the defendant had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code. b. Failing to slow the 1995 Mazda 626 in obedience to a yield sign to a speed reasonable for the existing conditions and then bringing the 1995 Mazda 626 to a stop before entering a crosswalk or near side of an intersection or the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering in violation of Section 3323 (c) of The PA Motor Vehicle Code. C. In failing to exercise the high degree of care required of a motorist entering an intersection, d. In failing to properly observe traffic signals controlling defendant's direction of travel. e. In failing to yield the right-of-way to on-coming traffic. 5 Shollenberger & Januzzi, L LP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) F. In failing to observe the 2008 Mercedes-Benz CL550 on the roadway. g. When entering a roadway from an intersecting road, failing to keep the 1995 Mazda 626 solely within the right-hand lane until safe movement into the left-hand lane could be made. h. Entering a roadway from an intersecting road and immediately proceeding, at least partially, into the far left lane of travel without traveling for some distance in the initial lane that she encountered after exiting the intersecting road. WHEREFORE, Plaintiff, SHANISE K. MALLARD, demands judgment against Defendant, SHANICE D. WILLIAMS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT 11 SHANISE K. MALLARD V. A 23. Paragraphs 1 through 22 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, JAMILA SKOUTA, in operating the 1995 Mercury Villager in a careless, reckless manner as follows: a. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code. b. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring the 1995 Mercury Villager to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code. 6 Shollenberger & danurai, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) C, In failing to apply the brakes in time to avoid the collision. d. in permitting or allowing the vehicle to strike and collide with the rear of the 2008 Mercedes-Benz CL550. WHEREFORE, Plaintiff, SHANISE K. MALLARD; demands judgment against Defendant, JAMILA SKOUTA, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLrERGER & JANUZZI, LLP Attorne for Plaintiff By: Adam T, Wolfe, Esquire Attorney I.D. #201057 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728.3400 (fax) Date: October 7, 2009 7 Shollenberger &Januzxi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 717-728-3400 (fax) ARY 2009Nut 10 Ali v: 29 410-co pm ATM ox* Igq",(a$ er# a33ao WILLIAM J. FERREN & ASSOCIATES BY: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, (215) 274-1720 Jamila Skouta SHANISE K. MALLARD COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. CIVIL ACTION -LAW SHANICE D. WILLIAMS & JAMILA SKOUTA NO. 09-6766 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Jamila Skouta in the above matter. A jury of twelve (12) persons is hereby demanded. WILLIAM J. FERREN & ASSOCIATES BY: ,~l ~,,G,~~uZ7 ~ ice., ~seph P. Birmingham, Es ire Attorney for Defendant Jamila Skouta OJr.. _. _.~ ti. i` THOMAS A. BECKLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA 08-3425 CIVIL TERM SHANISE K: MALLARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA 09-6766 CIVIL TERM / ORDER OF COURT AND NOW, this OI ~ day of January, 2010, defendant Jamila Skouta's motion for consolidation of the above-captioned matters, IS DENIED. It appearing that the matter at 08-3425 Civil has already been referred to arbitration by the court, and it further appearing that the issues involved though related, are distinct, the court finds the motion to consolidate to be both untimely and inappropriate. By the Court, ~seph P. Birmingham, Esquire For Jamila Skouta dam T. Wolfe, Esquire For Shanise K. Mallard /`Thomas S. Beckley, Esquire For Thomas A. Beckley ~ames R. Forrey, Esquire For Shanice D. Williams ~/~~ f ,v ~r,~ l ' _` ' `- ~~' A bert H. Ma and, J. .~~ ~ c - .}. _ _ ~r --3 _r° . ~. )~•ll ~~ l c~, ~ sal i ' F~~~r~tCE WILLIAM J. FERREN 8~ ASSOCIATES t)F ~E ~C~'C1'CTABY BY: Joseph P. Birmingham, Esquire ZOIQFEB _g APf ~U, ~~ Identification No. 88210 10 Sentry Parkway, Suite 301 Ct1,'~`~ ` ,r,y,~ ~~'-:'~i~l7`Y Blue Bell, PA 19422 Attorney for Defendant, ~'~i`Jrv~l'L~lr (215) 274-1720 Jamila Skouta SHANISE K. MALLARD Vs. SHANICE D. WILLIAMS & JAMILA SKOUTA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 09-6766 DEFENDANT, JAMILA SKOUTA'S ANSWER TO CO-DEFENDANT, SHANICE D. WILLIAMS' NEW MATTER CROSS-CLAIM 25. Denied. The allegations contained in Paragraph 25 of Go-Defendant's Answer with New Matter and New Matter in the Nature of a Cross-Claim contains conclusions of law to which no responsive pleadings are required. 26. Denied. The allegations contained in Paragraph 26 of Co-Defendant's Answer with New Matter and New Matter in the Nature of a Cross-Claim contains conclusions of law to which no responsive pleadings are required. 27. Denied. The allegations contained in Paragraph 27 of Co-Defendant's Answer with New Matter and New Matter in the Nature of a Cross-Claim contains conclusions of law to which no responsive pleadings are required. WHEREFORE, Answering Defendant, Jamila Skouta, demands judgment in her favor and against all other parties to this action, along with costs and fees associated with the defense of this matter as well as any other relief which this Court deems just and proper. WILLIAM J. FERREN ~ ASSOCIATES BY: ~ ~~z ~~ eph P. Birmingham, Esquir Attorney for Defendant, Jamila Skouta Mallard vs. Williams and Skouta Cumberland County CCP; No. 09-6766 VERIFICATION I, JOSEPH P. BIRMINGHAM, state that I am the Attorney for the Defendant, Jamila Skouta, and make this Verification and state that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date eph P. Birmingham, Esquire WILLIAM J. FERREN 8~ ASSOCIATES BY: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, (215) 274-1720 Jamila Skouta SHANISE K. MALLARD COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. CIVIL ACTION -LAW SHANICE D. WILLIAMS & JAMILA SKOUTA NO. 09-6766 CERTIFICATE OF SERVICE I, Joseph P. Birmingham, Esquire, hereby certify that on this 3rd day of February, 2010, a true and correct copy of Defendant's Answer to Co-Defendant's Answer with New Matter and New Matter in the Nature of a Cross-Claim was served via First-Class U.S. Postal Mail on all counsel and unrepresented parties as follows: James R. Forry, Esq. Forry Ullman 20000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 WILLIAM J. FERREN 8~ ASSOCIATES ~eph P. Birmingham, E~q'uire Attorney for Defendant, Jamila Skouta M SHANISE K. MALLARD, Plaintiff vs. SHANICE D. WILLIAMS and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-6766 JAMILA SKOUTA, n ~ .. Defendants ~ .J '~ _ rn Q ~..r~ VS. r,~ •~., _ .... ~ "r7 ~ i i THOMAS A. BECKLEY, :JURY TRIAL DEMANDED OF ~=:> > ~ ` Additional Defendant : TWELVE (12) JURORS _ ~~~ `' ~ n-' '=''T' -~' A - ACCEPTANCE OF SERVICE I accept service of the Writ of Summon to Join Additional Defendant on behalf of Thomas A. Beckley and certify that I am authorized to do so, BECKLEY & MADDEN By: _~ ~~ ~~v~ THOMA . BECKLEY, ESQUIRE 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Date: D~ y /d .FfLFL'-~~i=i IvE SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants 2DED FFB E 9 F~~ (~ ~2 E ~ F_ _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S:. REPLY TO DEFENDANT, SHANICE D, WILLIAMS CROSS-CLAIM AGAINST CO-DEFENDANT_ JAMILA SKOlITO AND NOW COMES THE PLAINTIFF, SHANISE K. MALLARD, by and through her attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Plaintiff's Reply to Defendant, Shanice D. Williams, Cross-Claim Against Co-Defendant, Jamila Skouta, and, in support thereof, respectfully represents the following: 25. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by her. 26. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by her. 27. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by her. WHEREFORE, the Plaintiff respectfully requests that judgment be entered in her favor and against all other parties. Respectfully submitted, SHOLLEN~'IRGER & JANUZZI, LLP BY: Adam t. Wolfe, Esquire Attorney for Plaintiffs I.D. No. 201057 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: February 17, 2010 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA i~o25 Phone: ~i~-'J28-320o Fax: 71'J-~2g_34oo SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (~i~) X28-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants NO. 09-6766 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this179th day of February, 2010, I hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to Defendant, Shanice D. Williams, Cross-Claim Against Co-Defendant, Jamila Skouta has been served upon the following via U.S. Mail: James R. Forry, Esquire Forry Ullman 2000 Linglestown Road Suite 301 Harrsiburg, PA 17110 Attorney for Defendant, Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, Jamila Skouta SHOLLE RGER & JANUZZI, LLP By: Adam T. Wolfe, Esquire 3 Shollenberger & Januzai, LLP 2225 Millennium Way, Enola, PA i~o25 Phone: ~1~-X28-320o Fax: 7i~-728-3400 f SHANISE K. MALLARD, Plaintiff vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants ~ i~Lj [, f.. I. . i ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-6766 JURY TRIAL DEMANDED OF TWELVE (12) JURORS ORDE,R~~ AND NOW, this ~~~"~ day of `il~v`~a , 2010, upon Stipulation of Counsel of record, IT IS HEREBY ORDERED, ADJUDICATED and/or DECREED that the attached Stipulation of Counsel is hereby approved, and Plaintiffs' Complaint is amended as provided therein. ~I ~~.~o R~ J .i3~R,,,~~C~.r, a/,~3 ~rd BY THE COURT: ~~~ _ _ :r - r, t^~ ; J'e't Q3 "_ ~ ~ ~ _ r=;'- w 1 = _ ; .~.. _. ,~ i ~ a _ ~-~ _.' WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Andrew R. Benedict, Esquire ID# 87939 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 i G ~, ~ ~ T,a~J ; 2 z~~aF~a ~3 ~~-E ~: s~ Attorney fofendxnt; -~ ~,~ .. METCO, Inc. .`~;. ~ L~r`v;~~.. JUlJtiA_KAK t3ALASANKAR vs. METCO, INC. , Defendant FOX POOLS, INC. , Additional Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-6807 CIVIL TERM JURY TRIAL DEMANDED AMENDED JOINDER COMPLAINT OF DEFENDANT, METCO, INC., AGAINST ADDITIONAL DEFENDANT FOX POOLS INC. Defendant, Metco, Inc., by and through its attorneys, Weber Gallagher Simpson Stapleton Fires and Newby, LLP, hereby files this Amended Joinder Complaint against Additional Defendant, Fox Pools, Inc. and avers as follows: 1. On or about October 14, 2009, Plaintiff filed a Complaint against Defendant, which Complaint is incorporated by reference, without admission, as if fully set forth herein. See Plaintiff s Complaint attached hereto as Exhibit "A". 2. Service was made upon Defendant, Metco on October 20, 2009. A copy of the Sheriff s Return of Service is attached hereto as Exhibit "B". 3. Metco previously filed a Joinder Complaint On or about December 14, 2009. A copy of that Joinder Complaint is attached hereto as Exhibit "C". .r' 4. Plaintiff s Complaint alleges that on June 17, 2009, a large portion of an eighty foot long retaining wall collapsed and caused over $50,000.00 in property damage. See Exhibit «A„ 5. Metco had installed the retaining wall on January 22, 2007. 6. For 2.5 years, the retaining wall was in place without incident. 7. It is the belief of Metco that a pool was installed onto plaintiff's property 6 months prior to the collapsing of the retaining wall. 8. It is the belief of Metco that the pool was installed by Fox Pools, Inc. 9. Fox Pools, Inc. is a company licensed to do business within the Commonwealth of Pennsylvania and located at 1883 Whiteford Road in York, Pennsylvania. 10. Pennsylvania Rule of Civil Procedure 2253 (1) states that a Joinder Complaint may be filed within sixty days after the service of upon the original defendant of the initial pleading of the plaintiff or any amendment thereof. Thus, this Joinder is timely as service was made on October 20,.2009 and a Joinder Complaint was filed on or about December 14, 2009. COUNTI NEGLIGENCE 11. Defendant incorporates by reference paragraphs 1 - 10 above as though fully set forth herein at length. 12. Metco believes and therefore avers that the pool installed by Fox Pools, Inc. was done so improperly and without the proper "backfill" required or without any "backfill" at all. 13. Metco believes and therefore avers that the location of the pool precluded Metco from reinforcing the wall and therefore Metco "buried" the bottom of the wall to compensate for this. 14. Metco avers that if the incident occurred as alleged in Plaintiff's Complaint, which allegations are hereby expressly denied, that any damages and/or losses sustained by the Plaintiff were solely caused by the negligence and/or carelessness, of Additional Defendant, Fox Pools, Inc. by and through its employees, agents, servants, representatives and/or franchisees. 15. Metco avers that in the event that any negligence and/or carelessness, and/or any other wrongful conduct on the part of the Metco is established at trial, which allegations are hereby expressly denied, that Additional Defendant, Fox Pools, Inc., is solely liable and/or liable over to Metco for contribution and/or jointly and severely liable with Metco to the Plaintiff. 16. Accordingly, Metco is entitled to contribution and/or indemnity from Additional Defendant, Fox Pools, Inc. 17. In the event that it is judicially determined that Metco is liable to any party for cause of action set forth in Plaintiff's Complaint, which liability is specifically denied, then Additional Defendant, Fox Pools, Inc., is liable over to Metco for contribution and/or indemnity, or is jointly and severally with Metco on Plaintiff's cause of action. WHEREFORE, Defendant, Metco, Inc. respectfully requests that judgment be entered against Additional Defendant, Fox Pools, Inc., and on behalf of Defendant or, in the alternative, that judgment be entered against Additional Defendant, Fox Pools, Inc., for sole liability to Plaintiff and/or joint and several liability to Plaintiff and/or liability over to Metco and/or for i contribution and/or indemnity together with costs and attorney's fees. Date: ~ 2 ~ ~ Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETO RES & NEWBY, LLP By: Andrew R. Benedict, Esquire Attorney for Defendant METCO, Inc. VERIFICATION I, Andrew R. Benedict, Esquire, hereby verify that I am the attorney for Defendant, L. Metco, Inc., in this action, and that the statements made in the Amended Joinder Complaint 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 unsworn falsification to authorities. Dated: 2 22 /~ Andrew R. Benedict, Esquire CERTIFICATE OF SERVICE I, Andrew Benedict, Esquire, hereby certify that on this ~ ~ day of ~~ ~ , 2010 a true and correct copy of Amended Joinder Complaint of Defendant Metco, Inc. to was forwarded by First Class United States Mail, postage pre-paid, to the following: John H. Pietrzak, Esquire Thomas O. Williams, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 Clyde W. Vedder Morris &Vedder 32 North Duke Street PO Box 544 York, PA 17405 WEBER GALLAGHER SIMPSON STAPLETON F S & NEWBY, LLP B : ~~ ~2~ Y Andrew R. Benedict, Esquire SUDHAKAR BALASANKAR, : 1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. METCO,INC., NO. 09-(0$0'7 ~ivi(Tt°J'M't Defendant :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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 32 S. Bedford Street Cazlisle, PA 17013 (717) 249-3166 NOTICIA Le hen demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dies de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, !a corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICiNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENClA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-31 b6 AGER & ADLER, P.C. BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak~ReaaerAdlerPC,com BY: THOMAS O. WILLIAMS Attorney I.D. No. 67987 Email: Twilliams~a Rea~erAdlerPC.com 2331 Mazket Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorne s for Sudhakaz Balasankaz SUDHAKAR BALASANKAR, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. METCO, INC., NO. Defendant :Jury Trial Demanded COMPLAINT Plaintiff Sudhakaz Balasankaz (hereinafter "Plaintiff') is an adult individual with an address of 114 Ellesmere Lane, Mechanicsburg, Pennsylvania 17055 (hereinafter the "Property"). 2. Defendant Metco, Inc. (hereinafter "Metco") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 504 Douglas Road, Hummelstown, PA 17036. 3. On or about January 8, 2007, Plaintiff and Metco entered into a written contract pursuant to which Metco agreed to provide the labor and materials necessary to erect a retaining wall on the Plaintiff s property and Plaintiff agreed to pay Metco the amount of $20,000.00 (hereinafter the "Contract"). A true and correct copy of the January 8, 2007 contract is attached hereto as Exhibit "A". 4. Metco completed the installation of the retaining wall on or about January 22, 2007. The retaining wall was constructed using K-Rock modulaz concrete blocks and measwed approximately 80 feet long, eight feet high and two feet thick. 5. On or about June 17, 2009, a large portion of the retaining wall collapsed, causing extensive damage to the retaining wall and surrounding property. 6. The collapse of the retaining wall caused extensive damage to other parts of Plaintiff s Property, including, but not limited to: landscaping, a fence, a basketball court, a concrete pad near an adjacent swimming pool and an in-ground irrigation system. 7. The retaining wall collapsed due to Metco's defective construction, including but not limited to Metco's failwe to install proper reinforcing. 8. Plaintiff has obtained an estimate to remove the defective retaining wall and replace it with a new retaining wall. The estimated cost of this work is at least $38,675.00 9. The removal and replacement of the retaining wall will cause damage to Plaintiff s lawn and imgation system. The estimated cost to repair this damage is at least $3,000.00 10. Plaintiff has obtained an estimate to replace the fence that was damages by the collapse of the retaining wall. The estimated cost of this work is at least $4,280.00. 11. Plaintiff has obtained an estimate to replace the landscaping that was damaged by the collapse of the retaining wall. The estimated cost is $500.00. 2 12. Plaintiff has obtained an estimate to replace the concrete slab near the swimming pool that was damaged by the collapse of the retaining wall. The estimated cost is $3,500.00. 13. Plaintiff will also have to incur costs to repair and/or replace the basketball court that was damaged by the collapse of the retaining wall, at an additional cost. COUNTI BREACH OF CONTRACT 14. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 13 above as if set forth fully herein. 15. Under the written Contract, Metco owed a duty to Plaintiff to perform and complete its work in a workmanlike manner. 16. Metco's defective construction of the retaining wall constituted a breach of its duty under the written Contract. 17. As a result of Metco's breach of the Contract, Plaintiff has suffered damages in an amount in excess of $50,000.00. 18. Plaintiff has not fully determined all of the damages suffered as a result of Metco's breach of contract and reserves the right to supplement the damages listed above. WHEREFORE, Plaintiff Sudhakar Balasankar respectfully requests this Honorable Court to enter judgment in its favor and against the Defendant, Metco, Inc. on Count One of its Complaint, in an amount in excess of $50,000.00, plus interest, costs and such other relief as the Court deems appropriate. COUNT II VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 19. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 18 above as if set forth fully herein. 20. Pursuant to the Contract, Metco agreed to perform its work in a workmanlike manner. 21. Metco's work was of a nature or quality inferior to or below the standard of that it agreed to provide in the written Contract. 22. Metco's failure to perform its work in a workmanlike manner is a violation of the Unfair Trade Practices and Consumer Protection Law, 73 Pa.C.S.A. § 201-2(4)(xvi). 23. Plaintiff has suffered damages in excess of $50,000 due to Metco's violation of the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Plaintiff Sudhakar Balasanlcar respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Metco, Inc. on Count Two of its Complaint in an amount equal to three times Plaintiffs actual damages, which are in excess of $50,000.00, plus costs, interest and attorney's fees. COUNT III NEGLIGENCE 24. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 23 above as if set forth fully herein. 4 25. Metco owed a duty to Plaintiff to exercise reasonable Gaze and to possess the requisite skill and knowledge expected of contractors in the construction industry when constructing the retaining wall on Plaintiff's property. 26. Metco breached its duty to Plaintiff by failing to use such reasonable care, skill and knowledge when it constructed the retaining wall in an improper and deficient manner. 27. Metco's negligence was the proximate cause of the collapse of the retaining wall. 28. As a result of the collapse of the retaining wall, Plaintiff has suffered damages in excess of $50,000.00. WHEREFORE, Plaintiff Sudhakaz Balasankaz respectfully requests this Honorable Court to enter judgment in its favor and against the Defendant, Metco, Inc. on Count Three of its Complaint, in an amount in excess of $50,000.00, plus interest, costs and such other relief as the Court deems appropriate. Respectfully submitted, REAGER & ADLER, P.C. Date: October l4, 2009 Jo,~n H. Pietrzak, Es~ire orney LD. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff S Sheriffs Office of Cumberland County R Thomas Kline l.E~'C)I-r=ft~E Sheriff CF ~'It f ~ tS~T}1'l,`~T~ Ronny R Anderson ChieJDeputy Gou~~t~ o[ euinG~r~~r,~ ~ -~ _ ~ 2~~~ QGT 28 Q~ g. (~ 3 Jody S Smith Civrl Process Sergeant ~ , '~~- .~~~- oFCi4E GF THE Sk£RIFF ~~~}~'''~ iU ~,_~j'~~~ s~~r~rYsYivr .~~ Edward L Schorpp Solicitor Sudhakar Balasankar vs. Metco. Inc. Case Number 2009-6807 SHERIFF'S RETURN OF SERVICE 10/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Metco, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 10!27/2009 03:47 PM -Dauphin County Return: And now October 20, 2009 at 1547 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Metco, Inc. by making known unto Deanna Muller, Attorney at 504 Douglas Road Hummelstown, PA 17036 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 27, 2009 SO ANSWERS, - ~.; ~ f~~. R THOMAS KLINE, SHERIFF ~,~ r-.nyn it^;~~f WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Andrew R. Benedict, Esquire ID# 87939 2000 Market Street 13th Floor Philadelphia, PA 19103 (215} 972-7900 ZQ~4 DEC f 4 f'i~ f ~ 37 Attorney for Dre~>~dant,_~ ' ''I i Y METCO, Inc. t=_. ~'~ .:_;` ,dF'`. ~f: SUDHAKAR BALASANKAR . vs. METCO, INC. , Defendant FOX POOLS, INC. Additional Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-6807 CIVIL TERM JURY TRIAL DEMANDED JOINDER COMPLAINT OF DEFENDANT, METCO, INC:, AGAINST ADDITIONAL DEFENDANT, FOX POOLS, INC Defendant, Metco, Inc., by and through its attorneys, Weber Gallagher Simpson Stapleton Fires and Newby, LLP, hereby files this Joinder Complaint against Additional Defendant, Fox Pools, Inc. and avers as follows: 1. On or about October 14, 2009, Plaintiff filed a Complaint against Defendant, which Complaint is incorporated by reference, without admission, as if fully set forth herein. See Plaintiff s Complaint attached hereto as Exhibit "A". 2. Service was made upon Defendant, Metco on October 20, 2009. A copy of the Sheriff's Return of Service is attached hereto as Exhibit "B". 3. Plaintiff s Complaint alleges that on June 17, 2009, a large portion of an eighty foot long retaining wall collapsed and caused over $50,000.00 in property damage. See Exhibit «A„ 4. Metco had installed the retaining wall on January 22, 2007. 5. For 2.5 years, the retaining wall was in place without incident. 6. It is the belief of Metco that a pool was installed onto plaintiff's property 6 months prior to the collapsing of the retaining wall. 7. It is the belief of Metco that the pool was installed by Fox Pools, Inc. 8. Fox Pools, Inc. is a company licensed to do business within the Commonwealth of Pennsylvania and located at 1883 Whiteford Road in York, Pennsylvania. 9. Pennsylvania Rule of Civil Procedure 2253 (1) states that a Joinder Complaint may be filed within sixty days after the service of upon the original defendant of the initial pleading of the plaintiff or any amendment thereof. Thus, this Joinder Complaint is timely as service was made on October 20, 2009. COUNTI NEGLIGENCE 10. Defendant incorporates by reference paragraphs 1 - 9 above as though fully set forth herein at length. 11. Metco avers that if the incident occurred as alleged in Plaintiff's Complaint, which allegations are hereby expressly denied, that any damages and/or losses sustained by the Plaintiff were solely caused by the negligence andi'or carelessness, of Additional Defendant, Fox Pools, Inc. by and through its employees, agents, servants, representatives and/or franchisees. 12. Metco avers that in the event that any negligence and/or carelessness, and/or any other wrongful conduct on the part of the Metco is established at trial, which allegations are hereby expressly denied, that Additional Defendant, Fox Pools, Inc., is solely liable and/or liable over to Metco for contribution and/or jointly and severely liable with Metco to the Plaintiff. 13. Accordingly, Metco is entitled to contribution and/or indemnity from Additional Defendant, Fox Pools, Inc. 14. In the event that it is judicially determined that Metco is liable to any party for cause of action set forth in Plaintiff's Complaint, which liability is specifically denied, then Additional Defendant, Fox Pools, Inc., is liable over to Metco for contribution and/or indemnity, or is jointly and severally with Metco on Plaintiff's cause of action. WHEREFORE, Defendant, Metco, Inc. respectfully requests that judgment be entered against Additional Defendant, Fox Pools, Inc., and on behalf of Defendant or, in the alternative, that judgment be entered against Additional Defendant, Fox Pools, Inc., for sole liability to Plaintiff and/or joint and several liability to Plaintiff and/or liability over to Metco and/or for contribution and/or indemnity together with costs and attorney's fees. Respectfully submitted, WEBER GAL AGHER SIMPSON STAPLET S & NEWBY, LLP By: Andrew R. Benedict, Esquire Attorney for Defendant METCO, Inc. Date: ~ Z !t 0~1 VERIFICATION I, Andrew R. Benedict, Esquire, hereby verify that I am the attorney for Defendant, L. Metco, Inc., in this action, and that the statements made in the Joinder Complaint 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 unsworn falsification to authorities. Dated: ~2 !! 6 9 Andrew R. Benedict, Esquire CERTIFICATE OF SERVICE I Andrew Benedict, Esquire, hereby certify that on this ~_ day of ~ .~ , 2009 a true and correct copy of Joinder Complaint of Defendant Metco, Inc. to was forwarded by First Class United States Mail, postage pre-paid, to the following: John H. Pietrzak, Esquire Thomas O. Williams, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 WEBER GALLAGHER SIMPSON STAPLETON RES & NEWBY, LLP By: Andrew R. Benedict, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants F1LEG~:~~=,=~'uE ~ ~~... ARY zato ~~~ ~ i ~~~ 3~ 20 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9t" day of March, 2010, I hereby certify that a true and correct copy of the foregoing Plaintiff's Request for Production of Documents to Defendant Shanice Williams has been served upon the following via U.S. Mail: James R. Forty, Esquire Forty Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attorney for Defendant, Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant,~~amila Skouta SHOLL,E~IBERGER & JANUZZI, LLP By: 7 Wolfe, Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way, Enola, PA i~o25 Phone: ~i~-']28-320o Fax: ~1'J-']28-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (~i7) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants FILED-i~ir~lC~ 1F TNT °~~ F I-s~;`1}~JTA,~Y 2010 ~r~R I I Pf7 3:20 cur~~~_= .~;4~v~f ,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9th day of March, 2010, I hereby certify that a true and correct copy of the foregoing Plaintiff's Interrogatories Propounded to Defendant Jamila Skouta has been served upon the following via U.S. Mail: James R. Forty, Esquire Forty Ullman 2000 Linglestown Road, Suite 301 Harisiburg, PA 17110 Attorney for Defendant, Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, Jamila Skouta SHOL ERGER & JANUZZI, LLP By: A am T. Wolfe, Esquire 31 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA i~o25 Phone: ~i~-'J28-320o Fax: ~1']-~28-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants ,1~. i~- ~ni'll~rlt\~~1~1 _,'~ Tf',C ~~ 2t~1~~1~R { I P{~ ~~ ZC} i'a ~~~ ~~ erx ,~~, , r•~~ ,~I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9t" day of March, 2010, I hereby certify that a true and correct copy of the foregoing Plaintiff's Request for Production of Documents to Defendant Jamila Skouta has been served upon the following via U.S. Mail: James R. Forty, Esquire Forty Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attorney for Defendant, Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, Jarnila Skouta SHOLLE ERGER & JANUZZI, LLP By: A am T. Wolfe, Esquire 7 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA i~o25 Phone: ~i~-'J28-3200 Fax: X17-'J28-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (~i~) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff v. SH,CNICE D. WILLIAMS and JAMILA SKOUTA, Defendants r FiLEO-Uf`f'fvC "' '`ETA Y 2QIQ1~~~ I I P-~ 3~ 20 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTLFICATE OF SERVICE AND NOW, this 9th day of March, 2010, I hereby certify that a true and correct copy of the foregoing Plaintiffs Interrogatories Propounded to Defendant Shanice Williams has been served upon the following via U.S. Mail: James R. Forty, Esquire Forty Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attorney for Defendant, Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 1942 Attorney for Defendant amila Skouta SHOLL~~IIBERGER & JANUZZI, LLP By: 31 am I. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA i~o25 Phone: ~i~-X28-320o Fax: ~i~-~28-3400 FII.EU-+~=~~ E ~~ THE P,°QTNG-~~~.?TARY 2Q~O J~;~d 24 PM 2~ 4Z~ CLII~lS=~~~~::~~~ CCUMY ~.: F'E~ JN~YLV~I~Pi~ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SHANISE K. MALLARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants NO. 09-6766 v. THOMAS A. BECKLEY, Additional Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 21st day of June, 2010, I hereby certify that a copy of the following documents: 1. Plaintiff s Answers and Responses to Defendant, Jamila Skouta's, Discovery Requests; and 2. Plaintiff s Answers and Responses to Defendant, Shanise D. Williams', Discovery Requests; have been served upon the following, via U.S. First Class Mail: James R. Forry, Esquire Forry, Ullman, Ullman &Forry, P.C. 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Marc A. Moyer, Esquire Thomas Thomas & Hafer P. O. Box 999 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 SHOLL~}~BERGER & JANUZZI, LLP By: Adam T. Wolfe, Esq. Attorney ID# 201057 SHANISE K. MALLARD, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS V. THOMAS A. BECKLEY, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6766 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of August, 2010, upon consideration of the attached petition, a Rule is hereby issued upon respondent, Shanice D. Williams, to show cause why the petitioner should not be permitted to withdrawn as counsel. The respondent shall file an answer to the petition within twenty-one (21) days of this date. Any responses from the plaintiff or other defendants shall be filed within twenty-one (21) days of this order. Any answers filed shall be forwarded by the Prothonotary to chambers. By the Court, Albert H. Masland, J. Adams T. Wolfe, Esquire ./Joseph P. Birmingham, Esquire -Marc A. Moyer, Esquire /James R. Forty, Esquire :sal t gS' ~'Y'Z`att S ~~~v cT _~, ~~; _, . - ~ ~~-~ r. ~ _ ~ w. ~- 9.i ~:':' ,',; cl.; ° ~' ~~ E ~~ 4 '! , ~, ' 3 -W 3 ~U(r ~ ~l~ Thomas, Thomas & Hafer, LLP , ~ <;.v ~ `1 ~L~i Marc A. Moyer, Esquire ~ ~ ' ~ (7 Attomey LD. No. 76434 ` ` mmoyer@tthlaw.eom Todd B. Narvol, Esquire (717) 237-7155 -direct Attomey I.D. No. 42136 tnarvol@tthlaw.com 305 N. Front Street P.O. Box 999 (717) 23?-7105 -fax Harrisburg, PA 17108-0999 Attorneys for Additional Defendant Thomas A. Beckley SHANISE K. MALLARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. _ SHANICE D. WILLIAMS and JAMILA SKOUTA, : NO.: 09-6766 Defendants v. THOMAS A. BECKLEY, Additional Defendant :JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Additional Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party on or about July 12, 2010 to serve Subpoenas on the following providers: - Sears; - Circuit City/Systemax, Inc.; - YMCA; - State Farm; - Edwin Aquino, M.D.; - West Shore Regional Police Department; - West Shore EMS; - Tristan Associates; - Holy Spirit Hospital; - Kensington Medical Center; - North Capitol Medical Center; and, - Central Penn Rehab. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these Subpoenas has expired without any objections being raised. 4. The Subpoenas which will be served are identical to the Subpoenas attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: August 4, 2010 By: C MARL MOVER, ESQUI Attorney I.D. No. 76434 COUNSEL FOR ADDITIONAL DEFENDANT 839317.1 1 Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box ggg Harrisburg, PA 17108-oggg SHANISE K. MALLARD, (717) 441-3960 -direct mmoyer~altthlaw.com (717) 237-7155 -direct tnarvolQa tthlaw.com (717) 237-7105 -fax Attorneys forAdditional Defendant Thomas A. Beckley IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKLEY, Additional Defendant NO.: og-6766 JURY TRIAL DEMANDED NOTICE OF`INTENT'TO.SERVE SUBPOENAS TO PR:ODUCE;D000MENTS AND THINGS FOR DISGOVERY?PURSUANT TO RULE 4oo9.~i TO: Counsel for Plaintiff Additional Defendant, Thomas A. Beckley, intends to serve subpoenas upon the following: - Sears; - Circuit City/Systemax, Inc.; - YMCA; - State Farm; - Edwin Aquino, M.D.; - West Shore Regional Police Department; - West Shore EMS; - Tristan Associates; - Holy Spirit Hospital; - Kensington Medical Center; - North Capitol Medical Center; and, - Central Penn Rehab. You have twenty (zo) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. THOMAS, THOM,[A~S & HAFER LLP Date: r gy; ~'~ l ~~ ~__~1 ! ~1 MARC . MOYER, Esquire Counsel for Additional Defendant ~~ SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKL,EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE .DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore Regional Police Department, 510 Herman Ave ,Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete co~~~ of the ~le regarding Incident No. 2008-0808 3( /6/08 accident), including but not limited to police crash reporting forms exhibitr or attachments ~hot~rabhs audiota~es, videotat~es, notes, memoranda, witness statements, citations etc. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its ser~rice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moller, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKLEY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CI~TIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central Penn Rehab, 805 Sir Thomas Court, Harrisburg, PA 17109 Within twenty= (20) days after senTice of this subpoena, you are ordered by the court to produce the following documents or things: a complete co~~of the entire medical chart/file regarding Sharlise Kiara Mallard (DOB 2/2/89) including but not limited to: o,~fice notes doctor's records/aborts/correspondence/notes/memoranda hospital records/aborts ~ihvsical thera~y records/retorts radiological worts and fzlms (i. e., x-rays MI~I.r C7' scans etc brescriptions telephone call mess~es• correspondence, ~ chological and/or bsychiatric acords, reports/correspondence/notes etc. from her verv~rst 9risit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party= searing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer. Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: ('7171 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKL,EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: North Capitol Medical Center, 1011 North Capitol St NE Washington, D C 20002 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: as co~blete~o~v of the entire medical chart/~ile re~ar~ Shanise Kura Mallard (DDB 2/2/89) i,_ ncludi~Q but not limited to• o,~ice notes doctor's records/retorts/corresbondence/notes/memoranda ho.r~ital records/r~orts ~hysical thera~y records/re~orls radiolonical retorts and films (i.e., x-rays MKIs CT scans etc) 1~rescri~tions telephone call messages correstondence. ~suchological and/or~.rychiatrzc records rei~orts/corre.r~ondence/notes etc from her ver~!~zrst visit to the tresent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MAI LARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKI..EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kensington Medical Center, 10870 Connecticut Avenue, Kensington, MD 20895 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete ~obv of the entire medical chart/ zle ~~arding Shanise Kura Mallard (DDB 2/2/89) including but not limited to• office notes doctor's records/ rei~orts/ correst~ondence/notes/memoranda hospital records/ reports f~hysica~ l ther~bv records/ reports radiological retorts and alms (i. e., .~-rays MKIs CT scans etc,) ~rescribtions telephone call messanes correspondence t~suchological and/or bruchiatric records reports/corre.rbondence/notes etc from her ver~~irst visit to the. i~resent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Mo~~er, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (7171 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKLEY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO .PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009..22 TO: Holy Spirit Hospital, 503 N. 218E Street, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a com~blete co~~of the entire medical chart/~le regarding Shanise Kura Mallard (DOB 2/2/89) including but not limited to: o,~ice notes, doctor's records/retorts/come.r~ondence/noteslmemoranda, hospital records/re~iortsT~hvsical thera~y records/re~iorts, radiological retorts and films (i.e., .~-rags, MKIs, CT scans, etc.,), ~irescri~tions, telethone call messages, corres~iondence, ,~i_ruchological andl or~fychiatric records, retorts/correr~ondence/notes, etc. ~rom her vet, arst visit to the tresent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its sen*ice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esciuire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DA Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMTLA SKOUTA, Defendants v. THOMAS A. BECKL,EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO .PRODUCE .DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates. 4520 Union Deposit Road, Harrisburg, PA 17111 Within twenty (20) days after ser~rice of this subpoena, you are ordered by the court to produce the following documents or things: a complete ~~! of the entire medical chart/~le regarding Shanise Kiata Mallard (DOB 2/2/89) including Gut not limited to• office notes doctor's records/rebortr/corre.~ondence/notes/memoranda ho.r~ital records/reports ~hysical thera~iy records/reports radiolooica/ r~,~iort. s gnd ~ zlms (i.e.~-~avs MKIs CT scans etc) brescribtions telephone call messages, correspondence. bsvchological and/or~sychiatric records reports/corres~iondence/notes etc from her ven,~zrst ~n.nt to the bresent. You may deliz=er or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the part~~ making this request at the address listed above. You haz=e the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999. Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MAT.T.ARD, Plaintiff v. SHANICE D. WLLLLAMS and JAMILA SKOUTA, Defendants `T THOMAS A. BECKLEY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION -LAW NO.: 09-6766 JURY TRLAL DEMANDED SUBPOENA TO .PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS. 205 Grandview Avenue, Suite 211, Came Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete co~~v of the entire medical chart/,file regarding Shanise Kura Mallard (DOB 2/2/89.• DOI 3/6/08 includin but not limited to • o~ce notes doctor's records/retorts/correspondence/notes/memoranda hosbital records/reports bhysical thera~y records/reports radiolo~al reports and ~zlms (i.e., x-rays, MRIs CT scans etc) ~rescri,~itions telephone call messages, correspondence, psychological and/orpsychiatric records reports/corresriondence/notes etc from her verv~irst visit to the present. - You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the part~~ serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999. Harrisburg, PA 17108-0999 TELEPHONE: j717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLLAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKL,EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009..22 TO: Edwin Aquino, M.D., 845 Sir Thomas Court, Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete co~~of the entire medical chart/file regarding Shanise Krara Mallard (DOB 2/2/89) including but not limited to• office notes doctor's records/reports/correspondence/notes/memoranda ho.~ital records/reports ~h~sical therapy records/reports radiolonical retorts and ~zlms (i.e., a-ravs MKIs CT scans etc J_ bre.rcrz~tions tele~ihone call messages correstondence, tsychological and/or~isychiatric records reports/corresbondence/notes etc from her ver~~irst visit to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Mover, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (7171441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Diirision Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLLAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKI,EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED :SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR .DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm. One State Farm Plaza, Bloomington, IL G1710 Within twenty (20) days after senTice of this subpoena, you are ordered by the court to produce the following documents or things: anv and all claims file materials, including but not limited to medical records log notes, claims information. ~iavout in ormation and all other documentr without limitation urith resbect to the folloaving claim, includinn anv claim for underinsured/uninsured motorist benefzts• DOL 3/6/08• Claim No 09 5124- 812. for Shanise Kura Mallard (DOB 2/2/89) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer. Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: j717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Ditrision Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants jr, THOMAS A. BECKLEY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS ..FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: YMCA. 3501 Movlan Drive, Bowie, MD 20715 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tlvngs: Complete co~y of the entire em~loyment/~erronnel ~zle regarding Sbatrise Stara Mallard (DOB 2/2/89. includin but not limited to: all medical records corrp.r~ondence notes ~ayroll sl~s, wage information, at~~lication or em~lovment, grievances, performance renews fob descri~ition documents r aced for anv and all accidents invaluing Plaint while working W/2s all worker's compensation documents etc You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the part3~ making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the partjJ serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg. PA 17108-0999 TELEPHONE: X7171441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff `r. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKI,EY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW INTO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE .DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Circuit City c/o Systemax. Inc., 11 Harbor Park Drive, Port Washington, NY 11050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete co~y of the entire em~loyment/personnel ~le regarding Shanise Kura Mallard (.DOB 2/2/89), including but not limited to: all medical records corresbondence notes t~a~roll slips, zvaQe information, a~blication for em~lovment grievances performance re9rieu~s iob description documents Dre~iared for any and all accidents involving Plaint while rvorkiny W12s all svorker'.r compensation documents etc Ms. Mallard was employed by Circuit City in MecharlicsbUrg PA in 2008 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (7171441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SHANISE K. MALLARD, Plaintiff v. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants v. THOMAS A. BECKLEY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~~,VANIA CI~TIL ACTION -LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO :PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sears. 8827 Woodyard Drive. Clinton, MD 20735 Within twent3~ (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete co~y of the entire embloyment/personnel ~ile regarding Sharlise Kura Mallard (DOB 2/2/89 including but not limited to• all medical records correr~ondence notes ~avroll .clams, wage information. a~~lication for em~lovment grievances ~er~ormance re~riews job description documents ~re~ared for anv and all accidents involving Plaint~ivhile svorkin~ 1,V2s all worker's com~iensation documents etc You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: j717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ;CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule ~oog.2i was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on th ~ day of zoio, on all counsel of record as follows: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP zzz5 Millennium Way Enola, PA i7oz5 Attorney for Plaintiff James R. Forty, Esquire Forty, Ullman zooo Linglestown Road Suite 3oz Harrisburg, PA i7iio Attorney for Defendant Shanice D. Williams Joseph P. Birmingham, Esquire William J. Ferren & Associates io Sentry Parkway Suite 3oi Blue Bell, PA i94zz-z331 Attorney for Defendant Jamila Skouta Thomas 5. Beckley, Esquire Beckley & Madden zzz North Third Street P.O. Box iigg8 Harrisburg, PA i7io8-igg8 i Date: ~ ~~ ~~ Renee K. Coonradt, Paralegal 83i446.i CERTIFICATE OF SERVICE AND NOW, this ay of , 2010, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff James R. Forry, Esquire Forry, Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendant Shanice D. Williams Joseph P. Birmingham, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422-2331 Attorney for Defendant Jamila Skouta Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Renee K. Coonra t, Paralegal for Marc Moyer, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants V. THOMAS A. BECKLEY, Additional Defendant -U" FICF OF T?? r',-0 ;1101NOTAR ?GRG S`:' 20 F i'12: 00 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) A Notice of Intent to serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) No objection to the Subpoena has been received, and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Respectfully sup{nitted, SHOLLENBVF3GER & JANUZZI, LLP By: AdAm T. Wolfe, Esq. Attorney ID#201057 Date: September 16, 2010 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 V. THOMAS A. BECKLEY, Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 16th day of September, 2010, 1 hereby certify that a copy of the foregoing Certificate Prerequisite has been served upon the following, via First-Class Mail: James R. Forry, Esquire Forry, Ullman, Ullman & Forry, P.C. 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Marc A. Moyer, Esquire Thomas Thomas & Hafer P. O. Box 999 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 SHOLLENGER & JANUZZI, LLP By: Adam T. Wolfe, Esq. Attorney I D#201057 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SHANISE K. MALLARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants NO. 09-6766 V. THOMAS A. BECKLEY, Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: James R. Forry, Esquire Forty, Ullman, Ullman & Forry, P.C. 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Marc A. Moyer, Esquire Thomas Thomas & Hafer P. O. Box 999 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 PLEASE TAKE NOTICE that Plaintiff intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. SHOLLENBERGER & JANUZZI, LLP Date: August 23, 2010 By: 2 Adam T. Wolfe, Esq. Attorney ID#201057 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SHANISE K. MALLARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants NO. 09-6766 V. THOMAS A. BECKLEY, Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 23rd day of August, 2010, 1 hereby certify that a copy of the foregoing Notice of Intent to Serve Subpoena has been served upon the following, via First-Class Mail and Facsimile: James R. Forry, Esquire Forry, Ullman, Ullman & Forry, P.C. 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Marc A. Moyer, Esquire Thomas Thomas & Hafer 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 SHOLLENBERGER & JANUZZI, LLP By: 3 Adam T. Wolfe, Esq. Attorney I D#201057 COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS, AND JAMILA Defendants V. THOMAS A. BECKLEY, Additional File No. 09-6766 SKOUTA: Deft NA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: wry vrrl, qtate Farm InsurancP Cnm any. , PO Box953. Frederick, MD 21705 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Certified copy of the policy and endarcements in effect on March 6, 2008 for policy number 0087-425-09 at 2225 Millennium Way, Enola, PA 17025 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Adam T. Wolfe, Esq. ADDRESS: 2225 Millennium Wax Enola, PA 17n25 TELEPHONE: (7171 728-3200 SUPREME COURT ID # 2 010 5 7 ATTORNEY FOR: P l a i nt i f f BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy ~ ~. THOMAS A. BECKLEY, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS SHANISE K. MALLARD, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS V. THOMAS A. BECKLEY, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-3425 CIV1L TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ : C N -' ~ ~ ~~ . ~a~ a c~ ^i rn-rt : ~~'`~' ~ s, c-~ "'' r "~ - ~ ~:~, uti r n ~ ~ .~ o ~~ -v ~ ~ ~ ~ c~ ~~ r ~ ~~ _ / ~ ~ U9-6766 CIViL TERM - ~ ~ ~ ORDER OF COURT AND NOW, this /~ ~ day of October, 2010, upon review of the petition to withdraw as counsel for defendant, Shanice D. Williams, filed by James R. Forty, Esquire, and upon consideration of plaintiff's response thereto, as well as petitioner's motion to make rule absolute, a hearing is scheduled for the 5"' day of November, 2010, at 2:30 p.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania, at which petitioner and State Farm Mutual Automobile Insurance Company and the parties may present evidence and argument with respect to the requested relief. By the Court, ~~~~ Albert H. Masiand, J. ~~ Thomas S. Beckley, Esquire Joseph P. Birmingham, Esquire ~mes R. Forty, Esquire :saa t ~' m~ c ~~ Jp~tB~lC~ ~~) THOMAS A. BECKLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS CIVIL TERM SHANISE K. MALLARD, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMILA SKOUTA, DEFENDANTS V. THOMAS A. BECKLEY, ADDITIONAL DEFENDANT f~19-6 COIL TERM ~/ ORDER OF COURT ` AND NOW, this ~ day of October, 2010, upon request of counsel, James R. Forty, Esquire, for a continuance, the hearirFg currently scheduled for November 5, 2010, is cancelled and rescheduled to commence at 3:00 p.m., Monday, December 20, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, homas S. Beckley, Esquire /Joseph P. Birmingham, Esquire James R. Forty, Esquire /edam T. Wolfe, Esquire arc A. Moyer, Esquire ~~ t ~ h'Lo`Z l l~c~„ ~o~4j~a ~~ %~~~` G~ Albert H. Masland, J. :saa ~.~, ~ n ~~~=~ ~ , ~. ( W ~ ! '_ _ _~ TTY + { -= . ~ ._ ,; ; w . rv -~ ,y THOMAS A. BECKLEY, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-3425 CIVIL TERM SHANISE K. MALLARD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ? ^-T C SHANICE D. WILLIAMS AND : cz-7 S (,, JAMILA SKOUTA, `-' -6rn DEFENDANTS F A V. •w;f? -.i THOMAS A. BECKLEY, AD / p DITIONAL DEFENDANT 09-6766 CIVIL TERM ? ORDER OF COURT AND NOW, this 20th day of December, 2010, counsel for the parties having convened for argument with respect to the petition of James R. Forry, Esquire, to withdraw as counsel for defendant, Shanice D. Williams, and the parties having reached an agreement with respect to that withdrawal, the court orders as follows: (1) James R. Forry, Esquire, is hereby granted leave to withdraw his appearance on behalf of Shanice D. Williams in the above-captioned cases. (2) The withdrawal by Mr. Forry shall have no bearing in these matters with respect to any issues regarding Ms. Williams' insurance coverage. By the Court, Albert H. Masland, J. I omas S. Beckley, Esquire 212 North Third Street PO Box 11998 Harrisburg, PA 17108-1998 ,---4o--seph P. Birmingham, Esquire 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 /Jdimes R. Forry, Esquire 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 -,--M-a-?c A. Moyer, Esquire 305 N. Front Street PO Box 999 Harrisburg, PA 17108-0999 mice D. Williams 659 N. 13th Street, Apt. A Philadelphia, PA 19123 :saa S James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Defendant Shanice D. Williams THOMAS A. BECKLEY, Plaintiff vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants SHANISE K. MALLARD, Plaintiff VS. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants FILED-OFFICF OF TNF FiTTHONOTAR t 2a11 !. ! : l 52 _ !;QTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 08-3425 JURY TRIAI. DEMANDED OF TWELVE (12) JURORS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-6766 JURY TRIAL DEMANDED OF TWELVE (12) JURORS WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Shanise K. Mallard, Defendant in the above captioned cases as per the attached Order of the Honorable Albert H. Masland, J dated December 20, 2010. a caa?.4(y THOMAS A. BECKLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS 08-3425 CIVIL TERM SHANICE K. MALLARD, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS V. THOMAS A. BECKLEY, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6766 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 2010, counsel for the parties having convened for argument with respect to the petition of James R. Forry, Esquire, to withdraw as counsel for defendant, Shanice D. Williams, and the parties having reached an agreement with respect to that withdrawal, the court orders as follows: (1) James R. Forry, Esquire, is hereby granted leave to withdraw his appearance on behalf of Shanice D. Williams in the above-captioned cases. (2) The withdrawal by Mr. Forry shall have no bearing in these matters with respect to any issues regarding Ms. Williams' insurance coverage. By the Court, Albert H. Masland, J. James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Defendant Shanice D. Williams THOMAS A. BECKLEY, Plaintiff VS. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 08-3425 JURY TRIAL DEMANDED OF TWELVE (12) JURORS SHANISE K. MALLARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NO. 09-6766 SHANICE D. WILLIAMS and JAMILA SKOUTA, JURY TRIAL DEMANDED OF Defendants TWELVE (12) JURORS CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, certify that on this date, a copy of Withdrawal of Appearance was served upon the following counsel of record, by depositing same in the United States mail, first-class, postage prepaid, addressed as follows: Joseph P. Birmingham, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Ms. Shanice D. Williams 659 N. 13' Street Philadelphia, PA 19123 Marc A. Moyer, Esquire THOMAS THOMAS & HAFER, UP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. FORRY ULLMAN Date: Ii 111 I J By: J es R. orry, Esquire James R. Forry, Esquire: + a ?- ?> FORRY ULLMAN 540 Court Street ?C1`) 21 PO Box 542 r,'iJ?3ERL?1 1;OU`l? Reading, PA 19603 =?4?dSY?`dA1A (610) 777-5700 Attorney for Defendant Shanice D. Williams THOMAS A. BECKLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants NO. 08-3425 JURY TRIAL DEMANDED OF TWELVE (12) JURORS SHANISE K. MALLARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NO. 09-6766 SHANICE D. WILLIAMS and JAMILA SKOUTA, JURY TRIAL DEMANDED OF Defendants TWELVE (12) JURORS AMENDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please substitute this Amended Withdrawal of Appearance for the Withdrawal of Appearance that was filed on January 12, 2011, which inadvertently listed the name of the Defendant as Shanise K. Mallard but should have been Shanice D. Williams. Accordingly, please withdraw my appearance for Shanice D. Williams, Defendant in the above captioned cases as per the attached Order of the Honorable Albert H. Masland, J dated December 20, 2010. FORRY THOMAS A. BECKLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS 08-3425 CIVIL TERM SHANISE K. MALLARD, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS V. THOMAS A. BECKLEY, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 09-6766 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 2010, counsel for the parties having convened for argument with respect to the petition of James R. Forry, Esquire, to withdraw as counsel for defendant, Shanice D. Williams, and the parties having reached an agreement with respect to that withdrawal, the court orders as follows: (1) James R. Forry, Esquire, is hereby granted leave to withdraw his appearance on behalf of Shanice D. Williams in the above-captioned cases. (2) The withdrawal by Mr. Forry shall have no bearing in these matters with respect to any issues regarding Ms. Williams' insurance coverage. By the Court, Albert H. Masland, J. James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Defendant Shanice D Williams THOMAS A. BECKLEY, Plaintiff vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants SHANISE K. MALLARD, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-3425 JURY TRIAL DEMANDED OF TWELVE (12) JURORS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-6766 SHANICE D. WILLIAMS and JAMILA SKOUTA, JURY TRIAL DEMANDED OF Defendants TWELVE (12) JURORS CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, certify that on this date, a copy of Amended Withdrawal of Appearance was served upon the following counsel of record, by depositing same in the United States mail, first-class, postage prepaid, addressed as follows: Joseph P. Birmingham, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Ms. Shanice D. Williams 659 N. 131h Street Philadelphia, PA 19123 Marc A. Moyer, Esquire THOMAS THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. FORRY Date: l • 2, ) - a l By: Forry, Esquire LAW OFFICES OF MASON & EISEMAN BY: Christine Crimarki, Esquire I.D.# 74415 1515 Market Street Suite 1802 Philadelphia PA 19102 (215) 564-3042 SHANISE K. MALLARD, and T T: P' i 011 JU 20 AM 10-11 1") t N! -r [,UMBERLAHU i:;0'U 'F PENHSYLVA'?Irol}{ Attorney for Defendant Shanice D. Williams COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. SHANICE D. WILLIAMS and JAMILA SKOUTA JURY TRIAL DEMANDED No. 09-6766 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, Shanice D. Williams, only, in the above-captioned matter. LAW OFFICES OF MASON & EISEMAN BY: a2'? /Ill/1? ` Christine Crimarki, Esquire Attorney for Defendant SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants V. THOMAS A. BECKLEY, Additional Defendant (mow U.7 °r, CA7 M :_g- -"1 o IN THE COURT OF COMMON PLEAsS -" CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 17th day of June, 2011, 1 hereby certify that a copy of the Plaintiffs Responses to Request for Admissions, Interrogatories, and Request for Production of Documents of Additional Defendant, Thomas A. Beckley's, have been served upon the following, via Facsimile and U.S. First Class Mail: Marc A. Moyer, Esquire Thomas, Thomas & Hafer P. 0. Box 999 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 Attorney for Qddifiona! De{ends ;t, Tho,°ras A. Beckley Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, JcTnila Skouta SHOL BERGER & JANUZZI, LLP By: Ad m T. Wolfe, Esq. Attorney ID# 201057 SHANISE K. MALLARD, PLAINTIFF V. SHANICE D. WILLIAMS AND JAMILA SKOUTA, DEFENDANTS V. THOMAS A. BECKLEY, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6766 CIVIL TERM ORDER OF COURT AND NOW, this r? / day of June, 2011, following a status conference requested by additional defendant, Thomas A. Beckley, primarily to develop a means of moving the case forward in the absence of defendant, Shanice D. Williams, on whose behalf an entry of appearance was filed on June 20, 2011, by Christine Crimarki, Esquire, which entry may provide promise in resolving not only the logistics but also the substance of this case, the court refrains from issuing specific deadlines with respect to the completion of discovery or potential dispositive motions. Any party may request a follow-up status conference at a more opportune time. By the Court, VThomas S. Beckley, Esquire 212 North Third Street PO Box 11998 Harrisburg, PA 17108-1998 7-7) Albert H. Masland, J. ? Joseph P. Birmingham, Esquire 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2331 "Christine Crimarki, Esquire 1515 Market Street Suite 1802 Philadelphia, PA 19102 Adam T. Wolfe, Esquire 2225 Millennium Way / Enola, PA 17025 d Marc A. Moyer, Esquire 305 N. Front Street PO Box 999 Harrisburg, PA 17108 Id saa SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants FILED-OFFICE 9E PROTHONOTARY 2012 JAM 13 PM 1: 21 CUP'ENNSY VANIA TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th day of January 2012, 1 hereby certify that a true and correct copy of the foregoing Notice of Oral Deposition has been served upon the following via U.S. Mail: Christine Crimarki, Esquire Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102-1905 Attorney for Defendant, Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant. Jamila Skouta Marc A. Moyer, Esquire Thomas Thomas & Hafer P. O. Box 999 Harrisburg, PA 17108-0999 Attornev for Additional Defendant for Additional Defendant Beckley Alan T. Silko, Esquire Levicoff, Silko & Deemer, P.C. 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone:717-728-32oo Fax: 717-728-3400 Suite 1900 Centre City Tower 650 Smithfield Street Pittsburgh, PA 15222 Attorney for The Hartford SHOLL ERGER & JANUZZI, LLP By: Adam T. Wolfe, Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 FILED-OFFICE JP THE' PROTHONOTARY SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants 2012 JAN 13 PM 1: 20 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6766 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th day of January 2012, 1 hereby certify that a true and correct copy of the foregoing Notice of Oral Deposition has been served upon the following via U.S. Mail: Christine Crimarki, Esquire Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102-1905 Attorney for Defendant Shanice D. Williams Joseph P. Birmingham, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant, Jamila Skouta Marc A. Moyer, Esquire Thomas Thomas & Hafer P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Additional Defendant Beckley Alan T. Silko, Esquire Levicoff, Silko & Deemer, P.C. 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-320o Fax: 717-728-3400 Suite 1900 Centre City Tower 650 Smithfield Street Pittsburgh, PA 15222 Attorney for The Hartford SHOLLEN ER & JANUZZI, LLP By: Adam T. Wolfe, Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-320o Fax: 717-728-3400 E:i) cC?12 JA 24 PM 12' CuMBERLANU DJN PEHNSYLVA" Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire (717) 441-3960 - direct Attorney I.D. No. 76434 mmoyer@tthlaw.com Todd B. Narvol. Esquire (717) 237-7155 - direct Attorney I.D. No. 42136 tnarvol(n_tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 -fax Harrisburg, PA 17108-0999 Attorneys for Additional Defendant Thomas A. Beckley SHANISE K. MALLARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHANICE D. WILLIAMS and JAMILA SK.OUTA, Defendants V. THOMAS A. BECKLEY, Additional Defendant :NO.: 09-6766 : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Additional Defendant certifies that: I. A Notice of Intent to Serve a Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party on or about December 29, 2011 to serve a Subpoena upon Edwin Aquino, M.D. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed Subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve objections to this Subpoena has expired without any objections being raised. • 4. The Subpoena which will be served is identical to the Subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 1 Date: January 23, 2012 BY: mo 'KAqj d MARC MOYER, ESQ RE Attorney I.D. No. 76434 COUNSEL FOR ADDITIONAL DEFENDANT 1040244.1 Thomas, Thomas & Hafer, LLP Marc A. Mover, Esquire (717) 441-3960 - direct Attorney I.D. No. 76434 mmover(o tthlaw.c om Todd B. Narvol, Esquire (717) 237-7155 - direct Attome?, LD. No. 42136 tnarvol@tt1>law.com 305 N. Front Street P.O. Box 999 (717) 237-7105 - fax Harrisburg, PA 17108-0999 Attorneys For Additional Defendant Timms A. Beckley SHANISE K. MALLARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants V. THOMAS A. BECKLEY, Additional Defendant NO.: 09-6766 JURY TRIAL DEMANDED `NOTICE OF INTENT T&SERVE SUBPOENAS TO PRODUCE'DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO;RULE 4009:21 TO: Counsel Additional Defendant, Thomas A. Beckley, intends to serve a subpoena upon Edwin Aquino, M.D., identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. Date: I u lJ I i_ By: THOMAS, THOMAS & Counsel for Additional C? SHANISE K. 'VIALL,ARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND G?UNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHANICE D. WILLIAMS and JAMILA SI?OUTA, Defendants NO.: 09-6766 v. THOMAS A. BECILLEY, Additional Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Edwin Aquino, M.D., 845 Sir Thomas Court, Harrisburg,, PA 17109 Within twenty- (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _a com?iete cony of the entire medical ehael file re ardin" Sbanise Kiara Mallard (DOB 2/2/89, inciudino but not limited to: once notes, doctor ,s recordslMorts/co=oondence/notes/memoranda, hostital recods/reZnorts 4hysical theraby records/retorts radiological !2?ports and aims a. e., ti-rays MRls CT scans, etc.), preserit?tions, telephone call messes comr oondeno,. 1).ryh cological and/or Psychiatric records retorts/corre.rpondencLnotes, etc. from AUGUST 2010 TO THE PRESENT. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the par_n, serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire _ ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 _ ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct cope of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovei7f Pursuant to Rule 4009?1 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on th jPday of ) 11, on all counsel of record as follows: Adam T. Wolfe, Esquire Shollenberger & jannuzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Christine Crimarki, Esquire Law Offices of Mason & Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Attorney for Defendant Shanice D. Williams Joseph P. Birmingham, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422-2331 Attorneit for Defendant Jamila Skouta Renee K. Coonradt, Paralegal 1031199.1 CERTIFICATE OF SERVICE AND NOW, this day of kiVt , 2012, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LP, hereby certify 111 sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Christine Crimarki, Esquire Law Offices of Mason & Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Attorney for Defendant Shanice D. K'illiams Joseph P. Birmingham, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422-2331 Attorney for Defendant damila Skouta V A-- /'-? Renee K. Coonradt, Paralegal for Marc Moyer, Esquire r 1 A y "i r H 2: 23 ;:Jr_f%LANDtCOUNTY I,EINIpp SSYLVAN11A Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire (717) 441-3960 - direct Attorney I.D. No. 76434 mmoyergtthlaw.com Todd B. Narvol, Esquire (717) 237-7155 - direct Attorney I.D. No. 42136 tnarvolgtthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 - fax Harrisburg, PA 17108-0999 Attorneys for Additional Defendant Thomas A. Beckley SHANISE K. MALLARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHANICE D. WILLIAMS and JAMILA SKOUTA, :NO.: 09-6766 Defendants V. THOMAS A. BECKLEY, Additional Defendant : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Additional Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party on or about April 11, 2012 to serve a Subpoena upon Philadelphia Vision Center. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed Subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve objections to this Subpoena has been waived by Attorney Wolfe and Attorney Birmingham, as evidenced by the attached correspondence, and the twenty (20) day objection period has expired without any objections being raised. 4. The Subpoena which will be served is identical to the Subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: May 4, 2012 By: MARC MOYER, ESQU Attorney I.D. No. 76434 COUNSEL FOR ADDITIONAL DEFENDANT 1085351.1 Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire (717) 441-3960 - direct Attorney I.D. No. 76434 mmoyer@tthlaw.com Todd B. Narvol, Esquire (717) 237-7155 - direct Attorney I.D. No. 42136 tnarvol@tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 - fax Harrisburg, PA 17105-0999 Attorneys for Additional Defendant Diomns A. Beckley SHANISE K. MALLARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHANICE D. WILLIAMS and JAMILA SKOUTA, :NO.: 09-6766 Defendants v. THOMAS A. BECKLEY, Additional Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel Additional Defendant, Thomas A. Beckley, intends to serve a subpoena upon the Philadelphia Vision Center, identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. THOMAS, THOMAS & HAFER LLP Date. By: MARC A. MOYER, Esquire Counsel for Additional Defendant SHANISE K. MALLARD, Plaintiff V. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants V. THOMAS A. BECKLEY, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 09-6766 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY'PURSUANT TO 'RULE 4009.22 TO: Philadelphia Vision Center, 1100 Market Street, Philadelphia PA 19107 Within twenn7 (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a com?let_e ?co1w of the entire medical chart/file regarding Shaniee Williams (DOB Ja 89 including but not limited to: once notes, doctor's records/reports/cormeroondence/notes/memoranda hospital records/ reports physical therapy records reports, radiolonical reports and films Cie x-rays MKIs CT scans etc.), pr rrEg tions, telephone call messages, correspondence psacholog_ical andl or psychiatric records reports/correspondence/notes etc. from her verb first resit to the resent. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A Mover Esquire ADDRESS: P.O. Boy: 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 ATTORNEY ID#: 76434 ATTORNEY FOR: Additional Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 4A? of C?M? 0 2012, on all counsel of record as follows: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Christine Crimarki, Esquire Law Offices of Mason & Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Attorney for Defendant Shanice D. Williams Joseph P. Birmingham, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422-2331 Attorney for Defendant Jamila Skouta Renee K. Coonradt, Paralegal 1074527.1 Coonradt, Renee K. From: Birmingham, Joseph P [JBIRMING@travelers.com] Sent: Friday, April 13, 2012 4:07 PM To: Coonradt, Renee K. Subject: Mallard v. Skouta & Williams v. Beckley Attachments: Mallyd - waiver of 20 day period.pdf Ms. Coonradt, I am in receipt of your Notice of Intent to Serve a Subpoena on the Philadelphia Vision Center in the above captioned matter. I am attaching my signed Waiver of the 20 Day Waiting Period for your file. Should you need anything further on this matter, please feel free to contact me. Sincerely, Joseph P. Birmingham, Esq. William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Ph: 215-274-1720 Fax: 215-274-1735 This communication, including attachments, is confidential, may be subject to legal privileges. and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. 1? ??*rs counsel for do hereby agree. to waive the 20 Day Notice of intent rule allowing counsel for Additional Defendant to issue a subpoena to Philadelphia Vision Center in order to obtain records regarding Shanice Williams. DATE: j??; CERTIFICATE OF SERVICE AND NOW, this day of 2012, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP. hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney, for Plaintiff Christine Crimarki, Esquire Law, Offices of Mason & Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Attorney for Defendant Shanice D. Williams Joseph P. Birmingham, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422-2331 Attorney for Defendant Jamila Skouta ffi'? Renee K. Coonradt; Paralegal for Marc Moyer, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com (717)728.3200 FAX (717) 728-3400 Please reply to Enola Office TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI Writers Direct Email: awolfe(d-)shollianlaw.com ADAM T WOLFE April 17, 2012 Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17108 HARRISBURG OFFICE 4811 JONESTOWN RD SUITE 221 HARRISBURG, PA 17109 (Do not send mail to this address) (717) 671-6400 FAX (717) 671-4900 Re: Shanise K. Mallard v. Shanice D. Williams and Jamila Skouta v. Thomas A. Beckley Dear Mr. Moyer: This office is in receipt of your Notice of Intent to Serve a Subpoena to Produce Documents for Philadelphia Vision Center. We have no objection to the service of the Subpoena as long as we are provided with copies of all documents obtained within twenty (20) days of your receipt of them and without charge. Thank you for your anticipated cooperation in this regard. If you are unwilling to agree to these terms, then please notify me in writing within ten (10) business days of the date of this letter. If I do not hear from you in writing to the contrary, I will assume that you have no objection to the above referenced conditions. Very truly yours, _ , 4??_V4 Adam T. Wolfe, Esquire ATW/kr Cc: Thomas Beckley, Esquire, Joseph Birmingham, Esquire, Ramon Townsend, Esquire SHANISE K. MALLARD, Plaintiff vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW _' ca _ h*J NO. 09-6766 77 1-11 JURY TRIAL DEMANDED OF -< C:) TWELVE (12) JURORS ? - f THOMAS A. BECKLEY, : JURY TRIAL DEMANDED OF Additional Defendant : TWELVE (12) JURORS PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: i "t --? - ;`; ..;. Kindly enter my appearance for Defendant, SHANICE D. WILLIAMS, in the above case and designate 540 Court Street, Reading, PA 19601 as the place notices and papers other than original process may be served. FORRY ULLMAN Date: ?'- By: Z??" ' RANDY T. BURCH, ESQUIRE Attorney for Defendant, Shanice D. Williams 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777-2499 Attorney ID 459567 Simultaneously, please withdraw the appearance of CHRISTINE CRIMARKI, ESQUIRE, as counsel for SHANICE D. WILLIAMS, Defendant in the above-captioned case. Date: By: Christine Crimarki, Esquire Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102-1905 Attorney I.D. No. N RANDY T. BURCH, ESQUIRE Attorney ID 459567 Attorneys for Defendant, Shanice D. Williams FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777-2499 SHANISE K. MALLARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants NO. 09-6766 JURY TRIAL DEMANDED OF TWELVE (12) JURORS vs. THOMAS A. BECKLEY, Additional Defendant JURY TRIAL DEMANDED OF TWELVE (12) JURORS CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Adam T. Wolfe, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Christine Crimarki, Esquire Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102-1905 Attorney for Defendant Williams Alan T. Silko, Esquire Levicoff, Silko & Deemer, P.C. Suite 1900 Centre City Tower 650 Smithfield Street Pittsburgh, PA 15222 Attorney for the Hartford Joseph P. Birmingham, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Attorney for Defendant Skouta Marc A. Moyer, Esquire THOMAS THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Additional Defendant Beckley FORRY ULLMAN BY: RAND T. BURCH, ESQUIRE Date: 2 THOMAS BEC:KLEY - ~ ,-.;,COURT OF COMMON PLEAS .CUMBERLAND COUNTY vs. , _ i .. ~,~. d~ u~_, ~,' .,';~ `1%!s~-~,1~0.08-3425 SHANICE D, WILLIAMS; and ~4r ~,~, r ~; t , JAMILA SKOUTA . SHANICE K.. MALLARD COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. , NO. fl9-6766..: SHANICE D. WILLIAMS; and JAMILA SKOiJTA , MOTION TO CONSOLIDATE Defendant, Shanice D. Willams, by and through her legal counsel, FORRY ULLMAN. moves this Court for a consolidation of the above-captioned matter, and in support thereof, avers as follows: I. FACT-UAL BACKGROUND,. A. Beckley v. Williams and Skouta l . Plaintiff, Thomas A. Beckley, filed a Civil Action Complaint in the above- captioned matter on or about June 4, 2C-08 against Shanice D. Williams and Jamila Skouta. ?. Plaintiff's Civil Action Complaint alleges, among other things, that either or both Ms. Wi hams and/or Ms. Skouta negligently caused a three car motor vehicle collision, which damaged Plaintiff, Thomas A. Beckley's 2008 Mercedes Benz CL500. i B. Mallard v. Williams &Skouta Plaintiff, Shanice K. Mallard, subsequently filed a Civil Action Complaint in the above-captioned matter on or about October 7, 2009. This matter has already been arbitrated. on or about February 24, 2010. An appeal followed from the award of the board of arbitrators. A jury trial was derr.anded on appeal. ~. Plaintiff, Shanice K. Mallard's Civil Action Complaint arises out of the same automobile accident at issue in the Beckley Complaint. In Ms. Mallard's Complaint, she alleges, among other things, that either or both Defendants, Shanice Williams and/or Jamila Skouta negligently caused her personal injury.. C. Facts Arising in Both Causes of Action Ms. Williams is contesting liability as well as the amount of damages in both. cases referenced herein. <. Both Complaints were idled as a result of the same motor-vehicle accident that occurred on March 6, 2008 on State Route 1014, (on or near the Harvey Taylor Bridge), at or about its intersection with North 3`d Street, Wormleysburg, Cumberland County. Pennsylvania. As such, the claims in both cases arise out of the same series of events, and involve the same witnesses. Further, the claims in both cases involve common questions of law and fact, thus. requiring similar and/or the same issues and/or defenses being raised and litigated at trial . Should the cases not be consolidated, the finding of liability in the .first case taken to trial. would likely be final and binding on the finding of liability in the second case; thus, causing the second case to take on the appearance of either a damages hearing or rendering the second case completely moot. 9. In order to ensure that the instant case will not result in unnecessary expenses to the Court andior the parties, duplicity of issues, undue prejudice, and possibly inconsistent verdicts. Moving Defendant currently requests to consolidate the above-captioned matters. - If the trial in the first case resulted in a judgment favorable to Plaintiff, then the second trial would likely be limited to the issue of damages only. In the alternative, if the trial in the first case resulted in a judgment favorable to Defendants, them the second trial would likely be rendered wholly moot. The above conclusions assume that: the first case to trial would be res judiciata on the later case, as to issues of liability. II. LEGAL ARGUMENT: 10. under Pennsylvania law, the power to grant or refuse a motion to consolidate lies within the sound discretion of the trial court. See Feldman v. Lafayette Green Condo :-1ss'n, 806 A.2d 497. 202 Pa. Commw. LEXIS 684 (Pa. Commw. Ct. 2002}. 1 1. Pursuant to Rule 213(a) of the Pennsylvania Rules of Civil Procedure, a court may grant a consolidation of actions "on its own motion or on the motion of any party of any matter in issue in the actions" so as to "avoid unnecessary cost or delay." See Pa.RC.P. 213(a) (2010). 12. Further, consolidation is proper in actions which "involve a common question of law or fact or which arise from the same transaction or occurrence." Id. l 3. As such, consolidation may be granted where "the[] [actions] involve the same parties. subject: matter, issues and defenses." Pennsylvania Law Encyclopedia, Vol. 1 1, Consolidation ~ 35 (citing ffzinger v. Pennsylvania R. Co., 262 Pa. 242, 105 A. 87 (1914}. 14. Accordingly, in determining whether or not to grant a motion to consolidate, a court should consider factors, including, but not limited t:o: "judicial economy, minimization of delay, consistency of verdicts, expenses for parties involved, similarity of factual circumstances, ... ,and possibility of duplication of issues." Id. (citing Altschuler v. Altschuler. 334 Pa. Super. 111, 482 A.2d 1106 (1984); Anchor Motor Freight, Inc. v. Kuser, 10 Pa. D. & C.3d 497 (1919); and Munger r. Dunning, 23 Pa. D. & C.3d 554 (C.P. 1982)).3 Furthermore, while no longer relevant given the arbitration appeal in Beckley, that one cause of action would ordinarih~ be submitted to arbitration while the other would not, is not fatal to a motion for consolidation. rLlanger 23 Pa. D. & C.3d at 556-57 (C.P. 1982;1("the court of common pleas [has] the power to decide procedural matters that [fall] within the limits of arbitration. and the power to consolidate such case if the policies oP Rule 213(A) would be best served by consolidation.") (citing Anchor Motor Freight, 10 D. & C. 3d 49"7). 15. Furthermore, the court `'must weigh the advantage of consolidation against the likelihood of prejudice to the parties and the potential for confusion of the jury." Rausc~zur v. Abhott Labs, ~t al, 15 Phila. 251, 255 (C.P. Phila. 1986).4 16. Thus, it follows that a consolidation of actions is proper in that it would promote judicial economy„ create substantial savings of time and effort to the Court and the parties. and eliminate the possible risk of incurring inconsistent verdicts. 17. E~inally, there would be no actual prejudice to any party, herein, if this matter were to be consolidated and any allegations of the actual prejudice would appear likely to be disingenuous. WHEREFORE, Defendant, Shanice Williams, by and through her legal counse@, respectfully requests that this Honorable Court grant her Motion to Consolidate pursuant to Rule 213(a) of the Pennsylvania Rules of Civil Procedure. FORRY ULLMAN DY . BURCH, S IRE orney LD. No. 5956? 540 Court Street PO Box 542 Date: ~~~t~ ~~' Reading, PA 19603 (61.0} 568-1410 `~ Consolidation of actions may still be found proper, and not to cause undue prejudice where two plaintiffs allege injuries involving different theories regarding causation, where a court determines that a "joint trial will be little more complex than any other involving co-plaintiffs with distinct injuries and claims for damages.'' Razcscher, 15 Phila. at 255 (noting the likelihood that the experts would be the same and the testimony would overlap regarding the alleged injuries). n THOMAS BECKLEY V. SHANICE D. WILLIAMS AND JAMILA SKOUTA SHANICE K. MALLARD V. SHANICE D. WILLIAMS AND JAMILA SKOUTA AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-3425 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6766 CIVIL TERM / ORDER OF COURT ~~, `~ day of October, 2012, upon consideration of Shanice D. Williams' Motion to Consolidate, a Rule is issued on Thomas Beckley, Jamila Skouta and Shanice K. Mallard, to show cause why the requested relief should not be granted. The rule is returnable twenty (20) days after service. Petitioner shall ensure all parties are served with the rule. By the Court, /Adam T. Wolfe, Esquire ~ Joseph P. Birmingham, Esquire v Marc A. Moyer, Esquire ~ Thomas S. Beckley, Esquire '~ Randy T. Burch, Esquire ~~ ~ fZtGlt ~~ /~~~/d ~~. %--, ~,, ~'` ~'~~ / f Albert H. Masland, J. c~ c Q -;, -- N ~ ~ ~W ~ +~~ r x r z -~, zo ~ ~ ~ _., ~ _ c ~t'~ saa ? ° ~, c x~ -~: SHANISE K. MALLARD, Plaintiff vs. SHANICE D. WILLIAMS and JAMILA SKOUTA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 09-6766 vs. THOMAS ,E~. BECKLEY, :JURY TRIAL DEMANDED OF Additional Defendant : TWELVE (12) JURORS THOMA~'~ A. BECKLEY, IN THE COURT OF COMMON PLI?AS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LA`~V vs. NO. 08-3425 SHANICL; D. WILLIAMS and JAMILA SKOUTA, :JURY TRIAL DEMANDED OF Defendants :TWELVE (12) JLJROR.S CERTIFICATE OF SERVICE I, F:ANDY T.:BURCH, ESQUIRE, hereby certify that a true and correct copy of the foregoing Motion to Consolidate with. Brief and proposed Order was mailed via U.S. first. class mail, postage prepaid, upon the following party(ies) addressed as follows: Adam T. Wolfe, Esquire SHOLLENBERGER & J.ANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Joseph P. Birmingham, Esquire WILLIAM J. FERREN &: ASSOCIATES 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 .~ . Marc A. Moyer, Esquire THOMAS THOMAS & :HAFER, LL P 305 Narth Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. FORRY ULLMAN /2 By' ~ ~~ Date: ~0~~~~ Y BURCH, Q E Tt, Tt~gnas ~ t~afer, LLP Marc A. Moyer, Esquire Att+amey I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 989 Harrisburg, PA 17108-0999 SHAHS K. MALLARD, Plaintiff v. SHANtCE ~. WtLUAMS and JAIYM..A gtiMCOUTA, Defendants V. (717) 441-3860 -direct mmgyer~tthianr.com (717) 237-7155 -direct tnarvol~w.com (71'~ 237-7105 -fax Attorneys for Additional Defendant, 1~grnas A. Beckley IN THE COURT OF CO~1 ~ OF , Ct~RLAH~D CtITY, ~ V11 CIVIL ACTION -LAW ,~~ z ~,., r"' zrn • z~ r a •r r= ~rn -~4A' ~ o~ NO.: 08-6766 ~ ~ "' ac ~ - ~: zd ~-- --~ TtIOMAS A. [3ECICLEY, Additional Defendant :JURY TRIAL DEMA°HDED AND NOW, comes Additional Defendant, Thomas A. Beckley, by' and through his counsel, Thanas, Thomas & Hafer, LLP, to file his Statement of Pos~iorh In Opposition to Consolidation and/or Listing Liability Case for Trial and, in support thereof, avers as follow: I. S~tent of Fad and Procedural IiMt~r~- 1. Thomas A. Beckley has been named as an Additional Defendant in the motor vehicle liability case captioned, Shanise K. Mallard v. Shanice D. Williams and Jamla Skouta, Defendants, v. Thomas A. Beckley, Additional Defendant, Docket No. 09-6766 (hereinafter the "Liability Suit"). 1 2. Plaintiff, Shanise K. Mallard, initiated suit against Defendants Shanise D: Williams and Jamila Skouta by way of Complaint filed on October 9, 2009. 3. Plaintiffs cause of action in the Liability Suit arises out of a March 6, 2008, automobile accident which occurred on SR 1014 (Harvey Taylor Bridge) at or near its intersection with North Second Street. 4. Plaintiff in the Liability Suit, Shanise K. Mallard, was a passenger in a vehicle being operated by Defendant, Shanise D. Williams, at the time of the accident. 5. Plaintiff's Complaint in the Liability=Sit alleges, inter ails, that De~ndant, Shanise D. Williams, negligently pulled her vehicle fresm rrri~'rthr ~c~orrd`~ctirectly into the path of a vehicle being operated by Additional Defendant, Thomas A. Beckley, as he exited the Harvey Taylor Bridge in the left lane of SR 1014, and that as a result of Ms. Williams' negligence, Mr. Beckley struck the rear of the vehicle in which Plaintiff Mallard was a passenger. 6. Plaintiff's Complaint further alleges that following the collision, Defiendant Jamila Skouta, struck the rear of the vehicle driven by Additional Defendant, Thomas A. Beckley, which, in turn, caused Mr. Beckley's vehicle to strike, for a second time, the rear of the vehicle Ms. Williams was operating, and in which Plaintiff Mallard was a passenger. 7. On March 24, 2010, Defendant, Shanise D. Williams, filed a Joinder Complaint against Additional Defendant, Thomas A. Beckley, alleging that the accident was the result of Mr. Beckley's negligence. 8. Upon information and belief, Thomas A. Beckley filed a separate civil action against Shanise D. Williams and Jamila Skouta at Docket No. 08-425 2 (hereinafter the "Property Damage Suit") seeking to recover damages sustained by Mr. Beckley's vehicle as a result of the accident. 9. Plain#iff, Thomas A. Beckley, is represented by Thomas S. Beckley, in the Property Damage Suit. II. St~us of Llabiility Suit 10. Following the closing of the pleadings in the Liability Suit, written discovery was exchanged between the parties. 11. On January 27, 2010, counsel for Defendant, Shanice D. Wi~iams, petitioned this Court to withdraw as her counsel in bath the Liability Suit and the' Property Damage Suit based upon her failure to respond to numerous attempts to contact her, and her failure to participate in her defense of both cases. 12. On June 23, 2010, Defendant, Shanice D. Williams, failed to appear for her properly noticed deposition in the Liability Suit. 13. By Order, dated December 20, 2010, this Court granted Shanice D. WfMiams' counsel's Motion to Withdraw as counsel. 14. On May 12, 2011, Additional Defendant, Thomas A. Beckley, served Defendant, Shanice D. Williams, with Requests for Admissions, which remain unanswered, to date. 15. On May 17, 2011, Additional Defendant, Thomas A. Beckley, flied a Motion for Status Conference in light of Ms. Williams' failure to respond to discovery or to correspondence, her failure to appear for her June 23, 2010 deposition, and the inability of the parties to locate Ms. Williams. 3 16. By Order, dated June 27, 2011, this Court refrained ftom ..issuing specific discovery deadlines and/or diapositive motions, based upon the entry of appearance of Christine Crimarki, Esquire, on behalf of Defendant, Shanice D. WiNiams. 17. Attorney Crimarki, thereafter, withdrew her appearance on behalf of De#endant, Shanic~ D. Williams, on May 9, 2012, and an appearance by Randy Burch, Esquire, was entered on Ms. Williams' behalf that same date. 18. From before January 27, 2010, through March, 2012, the parties were unable to locate Defendant, Shanice D. Williams, so as to conduct needed discovery. 19. By March 22, 2012, Ms. Williams had been located, and leer deposition was ultimately conducted on that date. 20. Following Ms. Williams' deposition, the parties to the Liability Suit and Property Damage Suit, agreed to attempt to resolve both matters through media#ion. 21. On October 10, 2012, the parties to the Liabilityy Suit agrees to take the depositions of Additional Defendant Thomas A. Beckley, Plaintiff Shani~e K. Mallard, and Defendant Jamila Skouta, prior to mediation. The depositions are currently scheduled to take place on December 18, 2012. 22. On October 5, 2012, Plaintiff Shanise K. Mallard id a Moition for Status Conference. By Order, dated October 11, 2012, this Court scheduled a Status Conference in the Liability Suit for November 19, 2012. 23. Undersigned counsel is unaware of when Plainfrff, Thomas' A. Beddey, listed the Property Damage Suit for trial. Undersigned counsel first learned that the Property Damage Suit had been listed for trial on October 8, 2012, during discussions with the parties regarding their availability for depositions. 4 24. On October 17, 2012, Defendant Shanice D. Williams, fil®d a Motion to Consolidate the Property Damage Suit with the Liability Suit. 25. Although not expressly stated, the substance of Defendant Williams' Motion to Consolidate appears to request the consolidation of the Property Damage Suit into the Liability Suit, and not visa versa. 26. By Order, dated October 26, 2012, this Court issued a Rule to Show Cause why the Property Damage Suit and Liability Suit should not be consolidated. The Ruh is returnable November 15, 2012. 27. In light of the procedural status of th~'ti~rtir° Sim; i1ti~ re~gvest`~Cty~ Defendant, Shanice D. Williams, to consolidate the Property Damage Suit into the Liability Suit, counsel for Ms. Williams, Jamila Skouta, and Plaintiff objected to maintaining the Property Damage Suit, Docket No. 08-3425, on the November, 2012, trial list, at the November 6, 2012, Call of the List. 28. To the extent the Property Damage Suit and the Liability Suit have not yet been consolidated, Additional Defendant, Thomas A. Beckley, is not yet'scheduled for trial in his capacity as Additional Defendant, and therefore, is respectfully filing this Statement of Position in lieu of a Pre-Trial Memorandum pursuant to a cionversation undersigned counsel had with the Honorable Albert H. Masland's Chambers on November 7, 2012, in response to the Court's Order of that same date. III. P of Ac~iti~1 t]®f~.nrlsn~ Thn~.~ a ~.,~.~., o___~_ 29. Additional Defendant, Thomas A. Beckley, respectfully objects to the consolidation of the Liability Suit into the Property Damage Suit, if such consolidation will result in the trial of the consolidated matters in November, 2012. 5 ~, _-,_ -T _ __ _ _ .. _ __ _ __ _ - _.___ _ ._ ___ 30. Discovery in the Liability Suit is not complete; and the defense of Additional Defendant, Thomas A. Beckley, in the Liability Suit is not ready for trial. Nor did the parties to the Liability Suit anticipate being ready for trial in November, 2012. 31. On the contrary, all parties to the Liability Suit anticipated the need to complete depositions, and attempt to amicably resolve both suits through mediation at the time of teaming that the Property Damage Suit had been listed for trial. 32. Indeed, the parties to the Liability Suit agreed to mediate the case in January, 2013, and already selected Herman A. Gailey, III as the mediator. 33. At no time did Additional De#endant Thomas A. Beckley cause or contribute to any "delay", to the extent a purported delay may be offered as a ground for submitting the Liability Suit to trial before the parties, including Additional Defendant Thomas A. Beckley, are adequately prepared. 34. Plaintiff Mallard's deposition has not yet been taken, and k is currently scheduled to be completed on December 18, 2012. Undersigned counsel also contemplates the need to submit Plaintiff to an independent medical examination. 35. Moreover, Additional Defendant, Thomas A. Beckley, will be in need of Plaintiff's updated medical records prior to trial. 36. Further, liability witnesses have not been served with subpoenas, and Plaintiff Mallard's trial witnesses, expert or otherwise, have not been identified for trial. 37. Undersigned counsel also anticipates the filing of dispositive mo#ions. 38. For the foregoing reasons, the parties to the Liability Suit have never contemplated listing the Liability Suit for trial in November, 2012, and the Liability Suit has never been certfied as being ready for trial. 6 _. _ _ 39. Cumberland County Local Rule 213-2 requires that counsel for all parties indicate that discovery has been completed, that alternative dispute resolution options have been considered and, if agreed to, have been completed prior to listing a case for trial. 40. Counsel for Thomas A. Beckley, in his capacity as Plaintiff, and counsel for Defendants, Shanice D. WiNiams and Jamila Skouta, appeared at thie November 6, 2012, Call of the List for the Property Damage Suit only. The Liability Suit was, understandably, not subject to the November 6, 2012, Call of the List. dut of an- abundance of caution, counsel informed the Court during Call of the List that the procedural and substantive requirements for trial of the Liability Suit have not yet been satisfied. 41. Should this Court interpret the pending Motion to Consolidate as a request to consoNdate the Liability Suit into the Property Damage Suit for trial in November, 2012, it will be tantamount to depriving the parties to the Liability Suit of'the opportunity to complete needed and mutually agreed upon discovery, in addition to precluding Additional Defendant, Thomas A. Beckley, adequa#e time to prepare for trial. 42. Consolidating the Liability Suit into the Property Damages Suit for trial in November, 2012, will result in irreparable harm and prejudice to Additional Defendant, Thomas A. Beckley, by depriving him of the ability to adequately defend himself at trial on the issues of liability and damages. 7 WHEREFORE, Additional Defendant, Thomas A. Beckley, respectfully requests that this Honorable Court not consolidate the Liab{{ity Suit into the Property Damage Suit for trial in November, 2012, and that the Court enable the parties to the Liability Suit to proceed with their anticipated discovery and attempt to reso{ve the matter through mediation before proceeding to trial. Date: I 1 ~ 4/2~ ~ ~- THOMAS, THOMAS 8~ HAFEi!'t, LLP BY: Marc A. Mo r; Esquire Attorney I . No.: 76434 Todd B. arvo{, Esquire Attom I.D. No.: 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-441-3960 Attorneys for Additional Defendant, Thomas A. Beckley 1192895.1 8 ..~ .~ .~ .~~ (~- un CERTIFiOATE t~F SE On this ~ day of November, 2012, I, Harva Owings Baughman, a legal secretary, with the law firm of Thomas, Thomas $ Ha#er, LLP, hereby certify that I have, this day, served a true and correct copy of the Statsrnent of Position oif Addltlonal Defendant, Thomas A. Beckley, in Opposition to Consolidation andVor Listing Liabi~ty Case for Trial upon the persons and at the addresses below named via United States First Class Mail, postage prepaid, in Hamsburg, PA: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP 2225 Millennium Way Enola, PA 17025 (Attorney for Plaintiff, Shanise K. Mallard, Docket No. 09-6766) Randy T. Burch, Esquire Foray, Ullman 540 Court Street Reading, PA 19fi03 (Attomey for Defendant, Shanice D. Williams, Docket No. 09-6766) Joseph P. Birmingham, Esquire William J. Fen'en & Associates 10 Sentry Parkway, Sine 301 Blue Bell, PA 19422-2331 (Aftorney for Defendant, Jamila Skouta, Docket No. 09-6766) Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street, Suite 301 Harrisburg, PA 17108-1998 (Attorney for Plaintiff, Thomas A. Beckley, Docket No. 08-345) THOMAS, THOMAS & HATER,'. LLP "6 ~ (`~/ < Date: BY: Harva Owings B ghman, al Assistant to Marc A. Moyer, Esquire 305 North Front Stree# Harrisburg, PA 17108 717-441-7053 Attorneys for Additional Defendant, 1192895.1 Thomas A. Beckley 9 r,.u,~~_., ~.. _.._ THOMAS BECKLEY IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA 08-3425 CIVIL TERM SHANICE K. MALLARD !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANICE D. WILLIAMS AND JAMILA SKOUTA 09-6766 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of November, 2012, upon representation of the parties that they have made progress in resolving the outstanding issues, the status conference scheduled for November 14, 2012 is cancelled. Should the parties' mediation scheduled for January 2013 be unsuccessful, any party may petition the court for a conference. By the Court, Albert H. Masla , J. ~ ~ z~., °Ya N ~' ~ _ ~ i ~ o ~ ~ ~~ . ~ cn r -<~' - w ~ ~~ ~Z ..~ - C I '"=1 ice- C ~ ~:..' ~~ 7.. ---i Q ~,- , - `'` N _ , - C _. ~ ~ ~/ ADAP iNOLFE, ESQUIRE SHOT ~~BERGER & JANUZZI LLP 2225 ! ILENNIUM WAY ENO! ='A 17025 ~/ JOSE F- P. BIRMINGHAM, ESQUIRE 10 SE `~~~~TRY PARKWAY BLUE c:3f LL, PA 19422 ~/ MAR :. P,. MOYER, ESQUIRE 305 P ==1~ONT ST PO BOX 999 HAR'° ~ I S BU RG, PA 171080999 ~/ TH01''~IAS S. BECKLEY, ESQUIRE 212 PJ 31~D STREET PO E~OX: 11998 HARRISBURG, PA 171081998 / RANDY T. BURCH, ESQUIRE 540 ~~OURT ST PO E30X 542 READING, PA 196030542 aai p%e5 yH.ca~'re~/ << /.~/a ~~ THOMAS BECKLEY ~ - COURT OF COMMON PLEAS r 3~ ~~~-~ .~ :~ ~ '~ ~ ~ '~+ (CUMBERLAND COUNTY vs. ~.~,,;. ~ s ' ~ ~; ', ~;~~:' Ll ff~~~~~- NO. 08-3425 SHANICE D. WILLIAMS; and ~' - : { i'~ S ~r ~-`_~ f'~ ~ ° ~ ~~ JAMILA SKOUTA , SHANICE K. MALLARD COURT OF COMMON PLEAS . CUMBERLAND COUNTY vs. . NO. 09-6766 SHANICE D. WILLIAMS; and JAMILA SKOUTA , PRAECIPE TO WITHDRAW MOTION TO CONSOLIDATE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw without prejudice Defendant Williams' Motion to Consolidate that was filed on or about October 17, 2012. FORRY ULLMAN By: RAND T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street PO Box 542 Date: ~,/ ~ Reading, PA 19603 - ('~ ^ ~ (610 568-1410 THOMAS BECKLEY COURT OF COMMON PLEAS . CUMBERLAND COUNTY vs. N0.08-3425 SHANICE D. WILLIAMS; and JAMILA SKOUTA SHANICE K. MALLARD COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. N0.09-6766 SHANICE D. WILLIAMS; and JAMILA SKOUTA CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Motion to Consolidate was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Adam T. Wolfe, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Joseph P. Birmingham, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Marc A. Moyer, Esquire THOMAS THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 • I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. FORRY ULLMAN Date: f J ~~ ~~~ By: ~~ RANDY T. BURCH, ESQUIRE 1 • I t (, SHOLLENBERGER & JANUZZI, LLP ter r t �. . 4 F'E� _ 2225 Millennium Way 4�UttB PF1 2: 45 Enola, Pennsylvania 17025 EnLAND Telephone Number: (717) 728-3200 PENN S yJ' COUNT y Fax Number: (717) 728-3400 Attorneys for Plaintiffs SHANISE K. MALLARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-6766 SHANICE D. WILLIAMS, AND JAMILA SKOUTA, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED v. Thomas A. BEKLEY, Additional Defendant PRAECIPE TO END, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOL BERGER & JANU I, LLP .414 By: ILA. A• - T. olfe, Esq. Attorney I.D. #201057 Dated: ( 31 I1 Law Offices of William J. Ferren &Associates By: 1T'�"` .. ``� �c J seph P. B.rmingham, E quire Dated: ? Forry Ulman By: Raymond Burch, Esquire Dated: Thomas Thomas & Hafer By: Marc A. Moyer, Esquire Dated: Law Offices of William J. Ferren &Associates By: Joseph P. Birmingham, Esquire Dated: Forry Ulman By: Randy tiUrch, Esquire Dated: 17 "1 Thomas Thomas & Hafer By: Marc A. Moyer, Esquire Dated: Law Offices of William J. Ferren & Associates By: Joseph P. Birmingham, Esquire Dated: Forry Ulman By: Raymond Burch, Esquire Dated: Thomas Thomas & Hafer By: /// l iAA M ,rc A. Moyer, -• ire Dated: 4I1-iCi(f F IL D-CFF ICC OE THE PRO T H-ONO TAr 2014 F B 19 2111: 30 CUMBERLAND COUNTY PENNSYLVANIA SHANISE K. MALLARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. SHANICE D. WILLIAMS and JAMILA SKOUTA, : NO.: 09-6766 Defendants : JUDGE ALBERT H. MASLAND v. THOMAS A. BECKLEY, Additional Defendant : JURY TRIAL DEMANDED JOINT PRAECIPE TO MARK CROSS-CLAIMS OF DEFENDANTS, SHANICE D. WILLIAMS, JAMILA SKOUTA,AND ADDITIONAL DEFENDANT, THOMAS A. BECKLEY, SETTLED, DISCONTINUED, AND ENDED WITH PREJUDICE TO THE PROTHONOTARY: Please mark all cross-claims, actions, causes of action, claims for contribution and/or indemnification,joint and several liability and liability over, by, between, and among the Defendants/Additional Defendant settled, discontinued, and ended with prejudice. FORRY ULMAN I I / p//i By: //1/'-`- Date Randy . Burch, Esquire Attorney I.D. No. 59567 540 Court Street P.O. Box 542 Reading, PA 19603 Attorney for Defendant, Shanice D. Williams WILLIAM J. FERREN & ASSOCIATES (11I( By: 72-d- �/ Date Jeph P. Birmingham, Esqui e (Attorney I.D.No.: "382/o 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2331 Attorney for Defendant, Jamila Skouta THOMAS, THOMAS & HAFER,LLP (///43 By: Ll/ Date M. c A. M. er, Esquire Attorney/ D. No.: 76434 Todd B/ arvol, Esquire Atto I.D. No.: 42136 305 forth Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Additional Defendant, Thomas A. Beckley 1391556.1 CERTIFICATE OF SERVICE h On this`1� day of , 2014, I, Nichole Olsakovsky, a legal secretary, with the law firm.of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the Joint Praecipe to Mark Cross-Claims of Defendants, Shanice D. Williams and Jamila Skouta, and Additional Defendant, Thomas A. Beckley, Settled, Discontinued, and Ended with Prejudice upon the persons and at the addresses below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Adam T. Wolfe, Esquire Shollenberger & Jannuzi, LLP 2225 Millennium Way Enola, PA 17025 (Attorney for Plaintiff, Shanise.K. Mallard) Randy T. Burch, Esquire Forry, Ullman 540 Court Street Reading, PA 19603 (Attorney for Defendant, Shanice D. Williams) Joseph P. Birmingham, Esquire William J. Ferren& Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2331 (Attorney for Defendant, Jamila Skouta) THOMAS, THOMAS & HAFER, LLP Date: C9-n BY: tjaa 't.a.0 ll Nichole Olsakovsky, Legal Assistant to Marc A. Moyer, Esquire 305 North Front Street Harrisburg, PA 17108 717-255-7602 Attorneys for Additional Defendant, Thomas A. Beckley 1391556.1