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HomeMy WebLinkAbout04-2562DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs V. ABBEY M. DARDOZZI Vk/a ABBEY M. LUTRICK, Defendant aJ. .2 7YA Crl. L'am'el'-11 '4).d i7o/? : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Q?f- aS?o? ?rs*? : CIVIL ACTION - LAW P I PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Shedff Carolyn M. Anner, Esquire 1300 Linglestown Road Harrisburq, PA 17110 Signatur6'ofAttorne (717) 238-2000 Suprei4 Court ID .621636 Name/Address/Telephone No. of Attorney Date: June 3, 2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. 7 Prothonotary Date: r/i?icP 7. by ie4 De uty ( ) Check here if reverse is used for additional information PROTHON. - 55 1 M i C ?1 C `CA s ? y SHERIFF'S RETURN - REGULAR CASE NO: 2004-02562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEPPERMAN DAVID B ET AL VS DARDOZZI ABBEY M F/K/A ABBEY M RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DARDOZZI ABBEY M F/K/A ABBEY M LUTRICK the DEFENDANT , at 1955:00 HOURS, on the 21st day of June 2004 at 32 N 27TH STREET CAMP HILL, PA 17011 by handing to ABBEY LUTERICK a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this I `/ ? day of . auaY A. D. IIII (t /? ? Prot onotar),v So Answers: R. Thomas Kline 06/22/2004 HANDLER HENNIN ROSENBERG By: Deputy Sheriff Carolyn M. Anner, Esquire Attorney I.D. No. 62636 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 ANNEReHHRLAW COM DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs V. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. oq- -ZS-L;?, (21,? c`7 CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, David Pepperman and Kathleen Pepperman, by and through their attorneys, HANDLER, HENNING & ROSE:NBERG, LLP, by Carolyn M. Anner, Esquire, and make the within Complaint against the Defendant, Abbey Dardozzi, and in support thereof aver the following: 1. Plaintiffs, David and Kathleen Pepperman, are competent adult individuals currently residing at 11 East Greenhouse Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant, Abbey Dardozzi, is an adult individual currently residing at 32 North 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times material hereto, Defendant, Abbey Dardozzi, was the owner and had exclusive control of a Pitt Bull dog that attacked and bit Plaintiff, David B. Pepperman, causing serious and permanent bodily injury. 4. Plaintiffs believe, and therefore aver, that Defendant knew or should have known about the dog's vicious propensities as it has attacked other people previously to the incident involving Plaintiff, David B. Pepperman, and had generally exhibited vicious propensities. 5. On or about July 29, 2002, Plaintiff, David 13. Pepperman, was lawfully on duty as a police officer in the borough of Camp Hill. 6. At all times material hereto, the Pitt Bull dog was not in a cage and was roaming freely and uncontrolled outside of it's owner's house and around the borough. 7. On or about July 29, 2002, Plaintiff, David B. Pepperman, was attempting to obtain a hold of the Pit Bull and the Pit Bull dog suddenly and without provocation attacked Plaintiff, biting him on the right hand and wrist area, thereby causing serious and permanent injuries. 8. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, David B. Pepperman, sustained extensive injuries as set forth more specifically below. 2 COUNT I - NEGLIGENCE- DAVID B. PEPPERMAN V. Abbey IDARDOZZI 9. Paragraphs 1 through 8 are incorporated herein as if set forth at length. 10. The occurrence of the aforesaid incident and the resultant injuries sustained by Plaintiff, David B. Pepperman, were caused directly and proximately by the negligence of Defendant, Abbey Dardozzi, generally and more specifically as set forth below: (a) In failing to properly secure the dog and in otherwise failing to restrain and control the animal, when the Defendant knew, or should have known, that the dog had a dangerous nature and vicious propensities; (b) In failing to provide warning by posting signs that the dog was present on said premises and to be wary of the dog, when the Defendant knew, or should have known of the dog's vicious tendencies; c) In failing to take adequate precautions which may have prevented injury to the Plaintiff, David B. Pepperman, and other persons lawfully on said premises, as a result of the dog's actions; (d) In allowing the dog to run astray and roam freely and uncontrolled around the borough of Camp Hill; (e) In failing to provide premises that were free from unnecessarily dangerous conditions that would have prevented injury to Plaintiff, David B. Pepperman, and other persons lawfully on said premises; and (f) In failing to secure the dog in an area where anyone on said premises 3 would not be harmed or affected by its actions, when the Defendant knew, or should have known of the dog's dangerous propensities. 11. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, David B. Pepperman, suffered serious injuries including, but not limited to, a laceration on his right thumb and hand, which became infected. Additionally, Plaintiff now suffers from numbness in his right hand. 12. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, David B. Pepperman, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 13. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, David B. Pepperman, has undergone great physical pain, discomfort, and mental anguish, and he may continue to endure the same for an indefinite period of time in the future to his great physical, emotional, and financial detriment and loss. 14. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi , Plaintiff, David B. Pepperman, has been hindered from attending to his daily activities and duties to his great detriment, loss, humiliation, and embarrassment. 15. As a direct and proximate result of the negligence of the Defendant, Abbey Dardozzi , Plaintiff, David B. Pepperman, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention. 16. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, David B. Pepperman, has suffered a kiss of life's pleasures, and may 4 continue to suffer the same in the future to his great detriment and loss. 17. Plaintiff, David B. Pepperman, believes, and therefore avers, that his injuries are permanent in nature, including permanent scarring. WHEREFORE, Plaintiff, David B. Pepperman, seelks damages from the Defendant, Abbey Dardozzi, in an amount in excess of the compulsory arbitration limits of Cumberland County, plus costs and such further relief as this Court deems just. COUNT II - LOSS OF CONSORTIUM KATHLEEN PEPPERMAN v Abbey DARDOZZI 18. Paragraphs 1 through 17 are incorporated (herein as if set forth at length. 19. At all times material hereto, Plaintiffs, David B. Pepperman and Kathleen Pepperman were married as husband and wife. 20. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, Kathleen Pepperman, has suffered a loss of consortium, society, and comfort from her husband, David B. Pepperman, and he will continue to suffer a similar loss in the future. 21. As a direct and proximate result of the negligence of Defendant, Abbey Dardozzi, Plaintiff, Kathleen Pepperman, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great loss and detriment. 5 WHEREFORE, Plaintiff, Kathleen Pepperman, seeks damages from the Defendant, Abbey Dardozzi, in an amount in excess of the compulsory arbitration limits of Cumberland County, plus costs and such further relief as this Court deems just. Respectfully submitted, HANDLER, HE14NING & ROSENBERG, LLP Date: Carolyn M. Anner, Esquire Attorney I.D.# 62636 1300 Linglestown Road Harrisburg, PA 17110 (717) 23EI-2000 Attorney for Plaintiffs VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. David B. Pepperman Z?2?6q Date: DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs V. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 28th day of July, 2004, 1 hereby certify that I have served the within document upon Defendant by sending a true and correct copy of the same to her/him via Certified Mail and First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail. Abbey M. Dardozzi f/k/a Abbey M. Lutrick 32 North 27" Street Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP Marti Iberi, Legal Secretar to Jason C. Imler, Esquire Dated: July 28, 2004 C. o ' C rn F l.? S Y . / f ^ T I 1? ? v THOMAS, THOMAS & HAFER, LLP Shawn E. Smith, Esquire Identification Number: 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7101 DAVID B. PEPF'EKM PEPPERMAN, Plaintiffs IN THE COURT OF COMMUr CUMBERLAND COUNTY, PA vs. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, NO. 04-2562-Civil Term CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Shawn E. Smith, Esquire and Thomas, Thomas & Hafer, LLP, for Defendant, Abbey M. Dardozzi f/k/a Abbey M. Lutrick in the above-captioned case. THOMAS, THOMAS & HAFER, LLP Stmwrm. Smith, Esquire I.D. Number: 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717)237-7101 Counsel for Defendant Dated: Q .13 -64 CERTIFICATE OF SERVICE I, Shawn E. Smith, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, and that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date: qI 40q 2 L7 ru -' h r T Cr; J -< THOMAS, THOMAS & HAFER, LLP Shawn E. Smith, Esquire Identification Number: 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7101 DAVID B. PEPPERN PEPPERMAN, Plaintiffs CUMBERLAND COUNTY, PA vs. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, NO. 04-256;2-Civil Term NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Date: l/ / '/Q y THOMAS, THOMAS & HAFER, LLP By: Sh rnith, Esquire Attorney I. D. 4 86121 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7101 THOMAS, THOMAS & HAFER, LLP Shawn E. Smith, Esquire Identification Number: 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7101 DAVID B. PEPPERM PEPPERMAN, Plaintiffs vs. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, IN THE COURT OF COMMot CUMBERLAND COUNTY, PA NO. 04-256Q-Civil Term L ACTION - DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendant, Abbey M. Dardozzi f/k/a Abbey M. Lutrick, by and through her attorneys, Thomas, Thomas & Hafer, LLP, by Shawn E. Smith, Esquire, hereby files the following Answer with New Matter to Plaintiffs' Complaint: 1. It is admitted that the Plaintiffs are who they say they are. 2. Admitted., with clarification. Defendant currently, and legally, goes by the name Luterick which is misspelled by Plaintiffs in their Complaint. 3. Admitted in part, denied in part. It is admitted only that the Defendant was the owner of a juvenile pit bull dog. The remaining averments contained in Paragraph 3 are specifically denied and proof is demanded at the time of trial. 4. Denied. It is specifically denied that, at any time, Defendant's dog displayed any vicious propensities as claimed by the Plaintiffs. Hence, all of the allegations contained in Paragraph 4 are denied and proof is demanded at the time of trial. 5. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 5, hence they are denied and proof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that Defendant's pet was not in a cage at the time of the alleged incident. The remaining characterizations contained in Paragraph 6 are denied as stated and proof is demanded at the time of trial. 7. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 7, hence they are denied and proof is demanded at the time of trial. 8. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 8, hence they are denied and proof is demanded at the time of trial. COUNT I - NEGLIGENCE DAVID B. PEPPERMAN V. ABBEY DARDOZZI 9. Paragraphs 1 through 8 are incorporated herein as if set forth in full. 10(a-f). The averments contained in Paragraphs 10(a-1) are conclusions of law to which no answer is required. In the alternative, any allegations of negligence on the part of the Defendant are specifically denied and proof is demanded at the time of trial. 11. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 11, hence they are denied and proof is demanded at the time of trial. 12. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 12, hence they are denied and proof is demanded at the time of trial. 13. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 13, hence they are denied and proof is demanded at the time of trial. 2 14. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 14, hence they are denied and proof is demanded at the time of trial. 15. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 15, hence they are denied and proof is demanded at the time of trial. 16. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 16, hence they are denied and proof is demanded at the time of trial. 17. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 17, hence they are denied and proof is demanded at the time of trial. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint without costs to her. COUNT If - LOSS OF CONSORTIUM KATHLEEN PEPPERMAN V. ABBEY DARDOZZI 18. Paragraphs 1 through 17 are incorporated herein as if set forth in full. 19. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 19, hence they are denied and proof is demanded at the time of trial. 20. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 20, hence they are denied and proof is demanded at the time of trial. 21. Denied. Defendant is without information or belief as to the truth of the averments contained in Paragraph 21, hence they are denied and proof is demanded at the time of trial. 3 WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint without costs to her. NEW MATTER 22. Some or all of Plaintiffs' claims may be barred by the applicable statute of limitations. 23. Some or all of Plaintiffs' claims may be barred by his assumption of a known risk. 24. The actions of the Defendant were not a substantial factor in bringing about the injury and/or damages of which Plaintiffs complained. 25. Some or all of Plaintiffs' complaints may be barred by his comparative/contributory negligence. 26. Defendant in no way acted negligently when her pet escaped from her property. 27. Some or all of Plaintiffs' injuries may be the result of Plaintiffs' own provocation of an animal. 28. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 29. At no time did the Defendant's pet display, nor was Defendant aware of, any vicious propensities. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint without costs to her. Date: 9.(3•()?- Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By. Shawn E.:imith, Esquire Attorney I.D. # 86121 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7101 4 VERIFICATION I, Shawn E. Smith, attorney for the Defendant, herein ;state that the facts as set forth in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge and belief. This Verification is not made by the party because of the timely nature of this document and the present unavailability of my client to sign this Verification. SHAW ITH, ESQUIRE Date: 2 CERTIFICATE OF SERVICE I, Shawn E. Smith, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, and that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date: >mith, Esquire :313317v1 N Cl r __V Ill ?__ = f J DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, PlaintiffS V. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-2562 - Civil Term CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, David B. Pepperman and Kathleen Pepperman, in their own right, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Carolyn M. Anner, Esquire, who Answers Defendant's New Matter as follows: 22. Denied. The averments in Paragraph 22 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 23. Denied. The averments in Paragraph 23 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 24. Denied. The averments in Paragraph 24 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 25. Denied. The averments in Paragraph 25 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 26. Denied. The averments in Paragraph 26 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 27. Denied. The averments in Paragraph 27 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 28. Denied. The averments in Paragraph 28 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 29. Denied. The averments in Paragraph 29 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. -2- WHEREFORE, Plaintiffs, David B. Pepperman and Kathleen Pepperman, in their own right, respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in their favor. Dater? 1 Respectfully submitted, HANDLER, HENNING-& ROSENBERG, LLP By: Carolyn M. AnrN, uire ID# 62636 1300 Linglestown Road Harrisburg, PA '17110-1177 (717) 238-2000 Attorney for Claimant -3- C) N Cp Ci C : n r -il =? Illy L'1 ?CiJ l i O -J THOMAS, THOMAS & HAFER, LLP Shawn E. Smith, Esquire Identification Number: 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7101 PEPPERMAN, Plaintiffs and KATHLEEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, NO. 04-2562-Civil Term CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached original Verification to Defendant's Answer With New Matter to Plaintiffs' Complaint pursuant to Pa. R.C.P. 2252(d). Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Shawn E. Smith, Esquire Attorney 1,D. # 86121 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Date: 02 (717)237-7101 VERIFICATION I, Abbey Dardozzi, hereby state and aver that the factual statements contained in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: 1711510 R. lQ, /. Abbey Dardozzi :3133280 CERTIFICATE OF SERVICE, I, Shawn E. Smith, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, and that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 1 ??-G? Shawn E. Smith, Esquire Date: 9 ('j !?J .> f J ?.- f1 „ .-1 J (?J l?lh. r?? ?? ?J =l THOMAS, THOMAS & HAFER, LLP Shawn E. Smith, Esquire Identification Number: 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7101 Attorneys for Defendant AVID B. PEPPERMAN and KATHLEEN EPPERMAN, Plaintiffs THE COURT OF COMMON PLEAS IMBERLAND COUNTY, PA . 04-2562-Civil Term M. DARDOZZI f/k/a ABBEY M. K, Defendant VIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009,x2 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party on or about November 16, 2004; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; 3. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoena. Date: December 9, 2004 THOMAS, THOMAS & HAFER, By: E. THOMAS, THOMAS & HAFERLLP ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 November 15, 2004 Carolyn M. Anner, Esquire Handler, Hening & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 RE= Pepperman v. Dardozzi TT&H File No. 751-41376 Dear Attorney Anner: www.tthlaw.com Shawn E. Smith (717) 237-7100 ssmith@tthla w. com Enclosed please find a Notice of Intent to Serve Subpoenas Pursuant to Pa.R.C.P. 4009.21, and a copy of said subpoenas regarding the above referenced matter. Please contact me to advise if you are agreeable to waiving the 20 day objection period. Thank you for your anticipated cooperation. Very truly yours, omas, Thomas & Hakz, T L P 4 Shawn E. Smith, Esquire amk enclosures Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office 4 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Shawn E. Smith, Esquire Attorney I.D. # 86121 (717) 237-7101 Attorneys for Defendant VID B. PEPPERMAN and KATHLEEN Plaintiffs THE COURT OF COMMON PLEAS MBERLAND COUNTY, PA 04-2562-Civil Term .BBEY M. DARDOZZI f/k/a ABBEY M. UTRICK, Defendant ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Carolyn M. Anner, Esquire Handler, Hening & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: I AF Sha mith, Esquire ?• 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 //411/d (717) 237-7101 Date: ?ERTIFICATE OQF S?RVIC>E; , . I, SHAWN E. SMITH, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Carolyn M. Anner, Esquire Handler, Hening & Rosenberg, LLP 1300 L innlactoNN-n Road Harrisburg, PA 17110 Date: a Shawn E. Smith, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7101 VID B. PEPPERMAN and KATHLEEN PPERMAN, Plaintiffs I THE COURT OF COMMON PLEAS UMBERLAND COUNTY, PA 04-2562-Civil Term Y M. DARDOZZI f/k/a ABBEY M. ICK, Defendant ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Borough of Camp Hill Police Department, 2199 Walnut 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 complete copy of any documents, manuals, notes, and memoranda relating to the policies, agreements and procedures in place involving Camp Hill Borough Police Department, with regard to the handling of calls relating to stray animals, including dogs. Please include any police academy information present in these procedures and policies as well as the investigative reports for incident occurring on 7/29/02 and involving the above individu at: Thomas, Thomasafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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 TFfE FOLLOWING PERSON: NAME: Shawn E. Smith, Esquire ADDRESS: Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7101 SUPREME COURT ID#: 86121 ATTORNEY FOR: Defendant DATE: Seal of the Co BY THE COURT: /Old Prothonotary/Clerk, Civi ision Deputy VID B. PEPPERMAN and KATHLEEN PPERMAN, Plaintiffs. N THE COURT OF COMMON PLEAS ."UMBERLAND COUNTY, PA 04-2562-Civil Term BEY M. DARDOZZI f/k/a ABBEY M. Defendant IL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, deRamone Plastic Surgery Institute, P.C., 2025 Technology Parkway, Ste. 303, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart for David B. Pgpperman, DOB: 03/27/57, -SS#177-42- 2390, including reports, correspondence, memoranda, handwritten notes, treatment records, therapy records, medication records, lab reports, diagnostic studies, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Shawn E. Smith, Esquire ADDRESS: Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7101 SUPREME COURT ID#: 86121 ATTORNEY FOR: Defendant DATE: Seal of the ourt BY THE COURT: Prothonotary/Clerk, Civil D' ion eputy VID B. PEPPERMAN and KATHLEEN PPERMAN, Plaintiffs N THE COURT OF COMMON PLEAS OUMBERLA.ND COUNTY, PA . 04-2562-Civil Term BEY M. DARDOZZI f/k/a ABBEY M. TRICK, Defendant ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital, 503 North 21St St., Camp Hill, PA 17011-2288 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart for David B. Peppeman. DOB: 03/27/57. SS#177-42- 2390, including reports, emergency room records, admission and discharge summaries, doctors orders, nurses notes, correspondence, memoranda, handwritten notes, treatment records, therapy records, medication records, lab reports, diagnostic studies, billing records (including any records stored in a commuter database or otherwise in electronic form) and records of other medical providers contained within your chart. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Shawn E. Smith, Esquire ADDRESS: Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7101 SUPREME COURT ID#: 86121 ATTORNEY FOR: Defendant DATE: Seal of the Court BY 7" , -, , ?? r? . ? i, COURT: Prothonotary/Clerk, Civil Divis' Deputy MID B. PEPPERMAN and KATHLEEN IN THE COURT OF COMMON PLEAS PPERMAN, r UMBERLAND COUNTY, PA Plaintiffs 04-2562-Civil Term M. DARDOZZI f/k/a ABBEY M. Defendant L ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Inservco Insurance Services, Inc., P.O. Box 3899, Hams'burg, PA 17105-3899 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your workers' compensation file for David B. Pepperman. DOB: 03/27/57, SS4177-42-2390, Date of IniM: 07/29/02, Policy/Claim #1460004678, including reports of injury, medical records, salary and wage information, benefit information, medical bills, notes, correspondence, memoranda, and records of medical providers contained within your file. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Shawn E. Smith, Esquire ADDRESS: Thomas Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7101 SUPREME COURT ID#: 86121 ATTORNEY FOR: Defendant DATE: ?. Seal of the Court BY COURT: Prothonotary/Clerk, Civil D' sion Deputy AVID B. PEPPERMAN and KATHLEEN EPPERMAN, Plaintiffs N THE COURT OF COMMON PLEAS 'WUMBERLAND COUNTY, PA 04-2562-Civil Term BBEY M. DARDOZZI f/k/a ABBEY M. UTRICK, Defendant IL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Humane Society, 710 Eppley Road, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of any documents, manuals, notes, and memoranda relating to the policies, agreements and procedures in place involving Camp Hill Borough Police Department and any other police department, with regard to the handling of calls relating to stray animals, including dogs. at: Thomas, Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108. 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: Shawn E. Smith, Esquire ADDRESS: Thomas, Thomas & Hafer P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7101 SUPREME COURT ID#: 86121 ATTORNEY FOR: Defendant DATE: Al - Seal of the Court BY THE COURT- Prothonotary/Clerk, Civil Di ion c All- 11 ? Cl 10D?It Deputy CERTIFICATE OF SERVICE I, Shawn E. Smith, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, and that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Shawn E. Smith, Esquire c? Date: 1,2 + C? (7 'v 1 ? ??? ? ? _,. r"t ) .[ _-. C: } ?i...? T•. ti t . P ? (J .. ill ?! i THOMAS, THOMAS & HAFER, LLP John Flounlacker, Esquire Identification Number: 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7134 Attorneys for Defendant DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs V. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant CIVIL ACTION LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-2562 Civil Term Please enter the appearance of John Flounlacker, Esquire, for Defendant, Abbey M. Dardozzi Ok/a Abbey M. Lutrick in the above-captioned case. THOMAS, THOMAS & HAFER, LLP By: Joh?Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 1 7 1 08-0999 (717)237-7134 Date:,[„Z 3?Uf CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Dated: '?- I; )/ QS i Jeati(iie L. Kawalec v 2 t' -ti w a THOMAS, THOMAS & HAFER, LLP Scott D. McCarroll, Esquire Identification Number: 92985 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7100 Attorneys for Defendant VID B. PEPPERMAN and KATHLEEN Plaintiffs M. DARDOZZI f/k/a ABBEY M. Defendant THE COURT OF COMMON PLEAS MBERLAND COUNTY. PA 04-2562-Civil Term ACTION - LAW As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, 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 September 26, 2005; 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate; 3. The Subpoena which wail be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. THOMAS, THOMAS & HAFER, LLP ?i Date: October 25, 2005 By: colt D. cCarroll, Esq DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs V. ABBEY M. DARDOZZI flkfa ABBEY M. LUTRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-2562 Civil Term CIVIL ACTION LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Carolyn M. Anner, Esquire Handler, Hening & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Defendant intends to serve a subpoena identical to the one that is 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 may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP }'MCC uroll, Esquire Attorney I.D. # 92985 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7100 Date: C1 ??%°?'S I COMMONWEAL'T'H OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs File No. 04-2562 Civil Term V. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 The Humane Society, West Shore Shelter TO: 710 Eppley Road, Mechanicsburg PA 17055 (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: A copy of your entire file including, but not limited to, phone messages, reports, statements, investigative notes, animal evaluations, and the last known name, address and tele hone number of involved investigators and personnel, relative to the pick-up of a pit-bull dog at the residence of Ken Walters, 3320 Trindle Road, Camp Hill, PA on July 29, 2002. at Thomas, Thomas & Hafer, 305 N. Front St., POB 999, Harrisburg, PA (Address) 1 71 0 8 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:=Seett P. HeEar-rrellj Esquire ADDRESS: 395 .?evrtxr P * c} et ov --- D Q R u 999 rrig}y1,rg? on 171n8-0999 TELEPHONE: (7177) 211-71no SUPREME COURT ID #__q,4 gS ATTORNEY FOR DP fan Aant Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy CERTIFICATE OF SERVICE I, TERRY A. FULLER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Carolyn M. Anner, Esquire Handler, Hening & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP i By' Terry A uller, Paralegal Date: CAL J CERTIFICATE OF SERVICE I, TERRY A. FULLER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVE OF SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Carolyn M. Anner, Esquire Handler, Hening & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By r? Date: b'. ?; ?, v l r John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, a F1r. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7134 DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs NO. 04-2562-Civil Term VS. ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEFENDANT'S MOTION FOR STATUS CONFERENCE AND NOW come the Defendant, Abbey M. Lutrick, by and through her attorneys, Thomas, Thomas and Hafer, LLP, and respectfully file this Administrative Application for Status Conference, and aver as follows: 1. This is a claim for bodily injury arising from a dog bite incident that took place on July 29, 2002, in Camp Hill, Pennsylvania. 2. Plaintiff commenced this action by filing a Complaint on or about July 28, 2004. 3. Defendants filed a timely Answer with New Matter. 4. The pleadings are now closed. 5. The last fact witness deposition in this place took place on December 14, 2006 6. Thereafter, the parties began to discuss the settlement of this case. 7. On January 26, 2007, Defendant offered $8,000.00 to settle the Plaintiff's case. 8. Thereafter, defense counsel learned that Plaintiffs counsel was having difficulty in resolving an outstanding medical lien with one of the Plaintiff s healthcare providers. 9. No Judge of this Court has ruled upon any prior issues in this or any related matter. v r ' 10. Defendant requests a status conference with the Court for the purpose of establishing discovery deadlines and discussing settlement. WHEREFORE, it is respectfully requested that this Honorable Court schedule a status conference for the purpose of establishment of case management deadlines and settlement discussions. Respectfully submitted, Date: 9 !THOMAS, THOMAS & HAFER, LLP t 4 \&w4C4 By: John Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 2 I- r CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP q eannie L. Kawalec Dated:? 016-) C ?xl ..s John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6t' Mr. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7134 DAVID B. PEPPERMAN and KATHLEEN PEPPERMAN, Plaintiffs VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2562-Civil Term CIVIL ACTION - LAW ABBEY M. DARDOZZI fWa ABBEY M. LUTRICK, Defendant DEFENDANT'S AMENDED MOTION FOR STATUS CONFERENCE AND NOW come the Defendant, Abbey M. Lutrick, by and through her attorneys, Thomas, Thomas and Hafer, LLP, and respectfully file this Administrative Application for Status Conference, and aver as follows: 1. This is a claim for bodily injury arising from a dog bite incident that took place on July 29, 2002, in Camp Hill, Pennsylvania. 2. Plaintiff commenced this action by filing a Complaint on or about July 28, 2004. 3. Defendants filed a timely Answer with New Matter. 4. The pleadings are now closed. 5. The last fact witness deposition in this place took place on December 14, 2006 6. Thereafter, the parties began to discuss the settlement of this case. 7. On January 26, 2007, Defendant offered $8,000.00 to settle the Plaintiff's case. 8. Thereafter, defense counsel learned that Plaintiffs counsel was having difficulty in resolving an outstanding medical lien with one of the Plaintiff s healthcare providers. 9. No Judge of this Court has ruled upon any prior issues in this or any related matter. 10. Defendant has contacted Plaintiff's counsel regarding concurrence in their Motion, however Plaintiff's counsel has not returned their calls. 11. Defendant requests a status conference with the Court for the purpose of establishing discovery deadlines and discussing settlement. WHEREFORE, it is respectfully requested that this Honorable Court schedule a status conference for the purpose of establishment of case management deadlines and settlement discussions. Date: d1 U1 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 4 By: ?% 41 John ounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 2 CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Dated: /6//olU7 " (1?; rr ; --3 F s C _ C5 Y 1 co d i OCT 6 2007 John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6" Fir. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7134 DAVID B. PEPPERMAN and IN THE COURT OF COMMON PLEAS KATHLEEN PEPPERMAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-2562-Civil Term VS. CIVIL ACTION - LAW ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant ORDER AND NOW, this /gam day of 0 & , 2007, upon consideration of Defendant's Motion for Status Conference, and any response thereto, it is hereby ORDERED AND DECREED that said Motion is GRANTED and a conference is scheduled before the Honorable %?- G - U40 on the ? * day of , 2007, at a Ga aai4p.m in Courtroom No. Y ,Cumberland County Court of Common Pleas. BY THE COURT: Distribution: Plaintiffs' Counsel:p?arolyn M. Anner, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 Defendant's Counsel.LXn Flounlacker, Esquire, Thomas, Thomas & Hafer, LLP, 305 N. Front Street, 6th FIr., P.O. Box 999, Harrisburg, PA 17108-0999 i I I F q Wd 8! 1130 LOU AdVIC O-4-ii0d4d 3A ?O DAVID B. PEPPERMAN and IN THE COURT OF COMMON PLEAS OF KATHLEEN PEPPERMAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. NO. 04-2562 CIVIL ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, Defendant IN RE: STATUS CONFERENCE ORDER AND NOW, this '7' day of December, 2007, following telephone conference with counsel, upon agreement, counsel for the plaintiff is directed to provide defense counsel the amounts of any workers' compensation lien in this case as well as any amounts which the workers' compensation carrier would accept in satisfaction of said lien in order to facilitate a settlement of this matter. This order is entered with the understanding that, in order to obtain a February 4, 2008, trial date, counsel are required to list this matter for trial prior to toe close of business on December 17, 2007, and, therefore, the aforementioned information should be provided prior thereto. BY THE COURT, Carolyn Anner, Esquire For the Plaintiffs John Flounlacker, Esquire For the Defendant L (? oaf rEs mZ; /a?71o7 c, :I I WV L- 110 LOZ . r °` +'?r--03ild Carolyn M. Anner, Esquire I.D.#62636 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: HELDO-hhrlaw.com Attorney for Plaintiffs DAVID PEPPERMAN and KATHLEEN PEPPERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 04-2562 - Civil Term ABBEY M. DARDOZZI f/k/a ABBEY M. LUTRICK, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: (?j V By: Carolyn M.?Anner, Esquire I. D. #62636 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff ? rv ° ° O n 65 r7l T1 r?tPt C.D