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HomeMy WebLinkAbout01-4823'COURT OF COMMON PLEAS *' DAUPHIN COUNTY CIVIL ACTION SUITS 1999 7Zo, 99-S Date of Entry Writ of Execution Issued: Entry By Summons Complaint Appearance For: Plaintiff: Petition Appeal Custody Assumpsit Divorce Mortgage Foreclosure Change of Name Ejectment Quiet Title Defendant: Appt. of Viewers Replevin Declaration of Taking Forma. P. auperis Mental Health Protective Order District Justice February 28~ 2001- Upon consideration of the Plaintiff's Motion for Transfer, a Rule is hereby issued on the Plaintiff to show cause as to why the Defendant's petition should not be granted. RULE RETURNABLE 15 DAYS FROM SERVICE. /s/Richar A. Lewis~ Judge. See RULE TO SHOW CAUSE filed. June 19, 2001-~ A rule is hereby issued upon defendant to show cause why Plaintiff' Motion for Transfer should not be granted. RULE RETURNABLE TEN DAYS FROM SERVICE. /s/ Lawrence F. Clark, Jr., Judge. See AMENDED RULE TO SHOW CAUSE filed. Copies_ mailed 6-20-01. Date/Ampunt Date/Amount Filing Fee ~ /O q'~O'~i ~} Adm. Fee-Divorce Atty. Appearance . Adm. Fee-Custody Sheriffs. Costs App't. of Master, Discontinuance Cash Bond Praecipe for Argt. Cert. of Readiness. Rule of Reference Escrow Funds 679 July 24, 2001 - Upon consideration of Plaintif£'a Notion to Hake the .&mended Rule to Show Cause Absolute, and any opposition thereto, it is hereby ORDERED that the Motion be GRANTED: it is further ORDERED that the Prothonotary transfer the record in the above-captioned matter, together with a certified copy of the docket entries, to the Prothonotary of Cumberland County. /s/ Joseph H. KleinfeltE Judge See ORDER, filed. Copy mailed 7-25-01. July 27~ 2001- The above act/on trapsfer to Court of Common Pleas of CumberlaDd Coumty. WILLIAMS, CUF~ER & BEREZOFSKY BY: Beth G. Cole, ESQUIRE ID: 39416 1617 J.F.K. BOULEVARD, SUITE 800 PHILADELPHIA, PA 19103 (215} 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR : Plaintiff : FAYE E. TEWNER : Defendant : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED ORDER AND NOW, this _~,~.~ day of~,~[___~1% , 2001, upon consideration of Plaintiff's Motion to Make)the Amended Rule to Show Cause Absolute, and any opposition thereto, it is hereby ORDERED that the Motion be GRANTED; it is further ORDERED that the Prothonotary transfer the record in the above-captioned matter, together with a certified copy of the docket entries, to the Prothonotary of Cumberland County. WILLIAMS, CUKER & BEREZOFSKY BY: Beth G. Cole, ESQUIRE ID: 39416 1617 J.F.K. BOULEVARD, SUITE 800 PHILADELPHIA, PA 19103 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 : CIVIL ACTION- LAW FAYE E. TEWNER : Defendant : JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO MAKE THE A~-~'~ED RULE ABSOLua'r 1. The above-captioned cause of action was erroneously commenced in Dauphin County by filing of a Writ of Summons of February 12, 1999. 2. Plaintiff filed a Motion to Transfer the Matter to Cumberland County February 27, 2001, a copy of which is attached hereto as Exhibit "A". 3. On March 1, 2001, the Court issued a Rule to Show Cause which incorrectly designated the parties and made no sense.. 4. On June 19, 2001, an Amended Rule to Show Cause why plaintiff's motion should not be granted was issued by the Court, a copy of which is attached hereto as Exhibit "B". 5. On July 2, 2001, the Amended Rule was served upon the defendant. See Certificate of Service attached hereto as Exhibit 6. More that ten (10) days having passed, plaintiff now requests that the Court make the Amended Rule absolute and grant plaintiff's motion to transfer this matter to Cumberland County. W/{EREFORE, plaintiff respectfully requests the Court to grant her Motion To Make the Rule Absolute, and to further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. Respectfully submitted, Dated: Beth G. Cole, Esquire WILLIAMS, CUKER & BEREZOFSKY Pa I.D. No.: 36419 One Penn Center @ Suburban Station 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103-1895 Telephone: (215) 557-0099 Attorney for the Plaintiff JOELLEN BAZDAR Vo FAYE E. TEWNER Plaintiff IN THE COURT OF COMMON PLEAS DAUPI-ffN COUNTY, PENNSYLVANIA No.: 672-S-1999 ; : CIVIL ACTION- LAW Defendant : JURY TRIAL DEMANDED ~ PLAINTIFF'S MOTION FOR TRANSFER A ,ro NOW, comes Pl ti r, JoEllen by and th oug her cou el,geslie Fields, Esquire and respectfully represents as follows in support of Plaintiff's Moron for~-< Transfer: 1. Plaintiff, JoEllen Bazdar, was involved in a motor vehicle accidem which occurred at approximately 3:15 p.m. on or about November 14, 1997 on Route 15 near the intersection with West Lisbum Road, Upper Allen Township, Cumberland County, Pennsylvania. 2. This cause of action, however, was erroneously commenced in the County of Dauphin by the filing of a Writ of Summous on February 12, 1999. 3. Because the accident giving rise to this cause of action took place in the County of Cumberland, the County of Cumberland has jurisdiction over the subject matter of this action. WHEREFORE, Plaintiff, JoEllen Bazdar, pursuant to Rule 213(0, Pennsylvania Rules of Civil Procedure, respectfully requests that Your Honorable Court transfer this cause of action to the County of Cumberland and further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County Respectfully submitted, COSTO~OULOS, FOSTER & FIELDS Pa I.D. 1~o.: 29411 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Attorney for Plaintiff Date: February 26, 2001 2 JOELLEN BAZDAR Plaintiff Vo FAYE E. TEWNER Defendant AND NOW, this IN THE COURT OF coMMoN PLEAS DAUPHIN COUNTY, PENNSYLVANIA No.: 672-S-1999 CML ACTION- LAW JURY TRIAL DEMANDED ORDER day of ,2001, upon consideration of Plaintiff's Motion for Transfer, it is hereby ORDERED that this cause of action be transferred to the County of Cumberland and further, that the Prothonotary of Dauphin County transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. BY THE COURT: Jo JOELLEN BAZDAR, Plaintiff FAYE E. TEWNER, Defendant : 1N THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : : NO. 672 S 1999 . : : AMENDED RULE TO SHOW CAUSE AND NOW, this ~ day of June, 2001, a rule is hereby issued upon defendant to show cause why Plaintiff's Motion for Transfer should not be granted. RULE RETURNABLE~ DAYS FROM SERVICE. -dUN 0 [rue ~nd correct copy of t~e orig~a~ filed. "~'A' . CERTIFICATE OF SERVICE I, GERALD J. GRANT, JR., hereby certify that on this date I served a true and correct copy of the enclosed Amended Rule to Show Cause upon the Defendant, by certified mail return receipt requested and regular mail, at the following address: Faye E. Tewner 24 Merkle Road Columbus, OH 43209 JR. Date: WILLIAMS, CUKER & BEREZOFSKY July 2, 2001 CERTIFIED MAlL RETURN RECEIPT REQUESTED AND REGULAR MAIL 7000 1530 0002 4451 5997 Ms. Faye E. Tewner 24 Merkle Road Columbus, OH 43209 Re: Joellen Bazdar v. Faye E. Tewner CCP Dauphin County, PA No. 672 S 1999 Dear Ms. Tewner: I hereby serve upon you an Amended Rule to Show Cause in the above-captioned matter. Kindly transmit this document to your attorney or legal representative for a response. GJGJR:rap enclosure Thank you. Very truly yours, GERALD J. GRANT, JR. FOLLOW UP COSTOPOULOS, FOSTER & FIELDS ATTORNEYS AT LAW 831 MARKET STREET P.O. BOX 222 LEMOYNE, PENNSYLVANIA 17043-0222 JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA :$o.t',-,'-I a S :CIVIL ACTION- LAW :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action against the defendant at the address set forth below. Faye E. Tewner 3324 Green Street Harrisburg, PA 17110 Thank you. Leslie M. Fields, Esquire Pa. I.D. No. 29411 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Attorney for the Plaintiff JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant : IN THE COURT OF COMMON PLEAS : DAUPHiN COUNTY, PENNSYLVANIA :No.~'3a ~ tqCtq :CIVIL ACTION- LAW :JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAiNTIFF(S) HAS COMMENCED AN ACTION AGAINST YOU. Dated: Stephen E. Farina, Prothonotary By: Seal of the Court Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 0672-S - - -1999 Pennsylvania, do hereby certify and return, search and inquiry for TEWNER FAYE the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, therefore return same NOT FOOND, March 15, 1999 3324 GREEN ST., HBG. PA. IS NOT A GOOD ADDRESS. Jack Lotwick, Sheriff of the County of Dauphin, State of that I made diligent and TH/JS Plaintiff: BAZDAR JOELLEN So Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs:S43.75 PD 02/12/1999 RCPT NO 120671 Cos¥oeou os, Fos a & ATTORNEYS AND COUNSELORS AT ~W 831 MAR~ S~ P.O. BOX 222 LEMOYNE, PENNSYLVANIA 17043-0222 JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA :No. IqClq : :CIVIL ACTION- LAW :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action against the defendant at the address set forth below. Faye E. Tewner 3324 Green Street Harrisburg, PA 17110 Thank you. Leslie M. Fields, Esquire Pa. I.D. No. 29411 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Attorney for the Plaintiff Date: ,,Z.i/. ~ ? JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA :No. ~~-~, q~ : :CIVIL ACTION- LAW :JIJRY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIYF(S) HAS COMMENCED AN ACTION AGAINST YOU. Dated: Stephen E. Farina, Prothonotary By: ~ ~ Seal of the Court ,--'~-~_.~,__ -~,,'t~hat the foregoing is, a , ~e.and correct copy,, ,,,~ ~-'= ~7o~notary TRUE COPY ATI'ESTED Sheriff BAZ JOELLEN ~ FAYE 3324 GREEN ST HARRISBURG, PA 17110 VS. (01 COPY) No. 0672-S - -1999 WRIT OF SUMMONS Directions to Sheriff of Dauphin County, PA FIELDS LESLIE M 831 MARKET ST, P.O.BOX 222 LEMOYNE, PA 17043 761-2121 o m ~D ~ 0 0 ~8" WILL/AM C. COSTOPOULOS DAVID J. FOS'/~R LESLIE M. FIELDS ALLEN C. WELCH CHARLES p. MACK1N COSTOPOULOS~ FOSTER & FIELDS ATTORNEYS AND COUNSELLORS AT LAW 831 MARKET STREET P.O. BOX 222 LEMOYNE, PENNSYLVANIA 17043-0222 February 11, 1999 TELEPHONE 761-2121 AREA CODE 717 FAX 761-4031 Mr. Stephen E. Farina Prothonotary Dauphin County Courthouse Front & Market Sts. Harrisburg, PA 17101 Re: Bazdar v. Tewner Dear Mr. Farina: Enclosed please find the original and two copies of the Praecipe for Writ of Summons to be filed in your office for the above-captioned matter. Also enclosed is a check in the amount of $55.50 for the filing of this Writ. Please forward one Writ of Summons to the Dauphin County Sheriff's office along with their enclosed check in the amount of $43.75 for service upon the defendant Faye E. Tewner, located at 3324 Green Street, Harrisburg, Pennsylvania enclosed a self-addressed, stamped envelope for you to ~eturn the additional Writs. 17110. I have If you have any questions, please do not hesitate to contact me. Very truly yours, LMF/jme Enclosures Leslie/Fields, Esquire JOELLEN 8AZDAR Plaintiff FAYE E. TEWNER, Defendant DAUPHIN cOUNTY, IN THE COURT OF COMMON pLEAS PENNSYLVANIA NO. 672 s 1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED_, ~ ~{ pRA~CIPE FOR ENTRY OF Al~PF~cE -. TO THE PROTHONOTA/~Y: Kindly enter the appearance of Gerald J- williams, and Beth G. Cole, Esquire, of Williams, Cuker & Berezofsky, co-counsel for the Plaintiff, JoEllen Bazdar, in the above- captioned matter and mark the docket accordingly· Esquire as WILLIAMS, CUKER & BEREZOFSKY ,." i :j .,~P BY: GERALD J- WILLIAMS, Supreme Cos/t ID No. 36418 S~p~eme Court ~ No. 3~19 Co-Counsel for the Plaintiffs Suite 800 philadelphia, PA 19103 Telephone: (215) 557-0099 Date :~/~i JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 CIVIL ACTION- hAW JURY TRIAL DEMANDED CERTIFICATE OF SERVIC~ I hereby certify that a true and correct copy of the within Praecipe for Entry of Appearance was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, Certified Mail No. 7000 1530 0002 4451 5898, Return Receipt Requested, addressed as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Defendant E~/ESQU IREBETH G. COL WILLIAMS, CUKER & BEREZOFSKY 1617 JFK Blvd., Suite 800 Philadelphia, PA 19103 (215) 557-0099 Counsel for Plaintiffs Dated: May 18, 2001 FAYE E. JOELLEN BAZDAR : IN THE COURT OF COM~0N PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : NO. 672 S 1999 ~= : CIVIL ACTION- LAW TEWNER : Defendant : JURY TRIAL DEMANDED pLAINTIFFS' MOTION TO MAKE THE ~UL~ ABSOLD=r, West Lisburn Road, Pennsylvania. 2. This commenced 1. Plaintiff, JoEllen Bazdar, was involved in a motor vehicle accident which occurred at approximately 3:15 p.m. on or about November 14, 1997, on Route 15 near the intersection with Upper Allen Township, Cumberland County, cause of action, however, was erroneously in the County of Dauphin by the filing of a Writ of Summons on February 12, 1999. 3. Because the accident giving rise to this cause of action took place in the County of Cumberland, the County of Cumberland has jurisdiction over the subject matter of this action. 4. Plaintiff filed her Motion for Transfer to Cumberland County with the Dauphin County Court of Common Pleas on February 27, 2001. A copy of said motion is attached hereto as Exhibit ~A". 5. On February 28, 2001, pursuant to plaintiff's motion, the Court issued a Rule upon "the Plaintiff (sic) to show cause as to why the Defendant's (sic) petition should not be granted". A copy of the Rule to Show Cause is attached hereto as Exhibit 6. Notwithstanding the Rule's confusion of parties, plaintiff now asks the Court to make the Rule absolute and order the matter transferred to Cumberland County. WHEREFORE, plaintiff, JoEllen Bazdar, pursuant to Rule 213(f), Pennsylvania Rule of Civil Procedure, respectfully requests that the Court transfer this cause of action to the County of Cumberland and further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. Respectfully submitted, Date: Geral~P/J~., Esquire WILLIAMS, CUKER & BEREZOFSKY Pa I.D. No.: 85337 One Penn Center @ Suburban Station 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103-1895 Telephone: (215) 557-0099 Attorney for the Plaintiff \ \wcbfile \docs\w~docs \BETH\BETH. pLE\BAZDAR\ 0601PLAiNMOT. wpd JOELLEN BAZDAR Plaintiff FAYE E. Vo TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 CIVIL ACTION- LAW JURY TRIAL AND NOW consideration is hereby County of Cumberl, Dauphin County copy of the docket County. ORDER this day of 2001, upon f Plaintiff's Motion to Make Rule Absolute, it that this cause of acti be transferred to the and further, that Prothonotary of .~r the record ether with a certified es, to Dtary of Cumberland Jo JOELLEN BAZDAR : IN THE COURT OF COMI~ON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 : CIVIL ACTION- LAW FAYE E. TEWNER : Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Plaintiffs' Motion to Make the Rule Absolute was hereby served by depositing the same within the custody of the United States Postal Service, via First Class Mail, postage prepaid, and via Certified Mail No. 7000 1530 0002 4451 6017, Return Receipt Requested, addressed to the defendant as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Gerald J. G~ant Jr., ESQUIRE WILLIAMS, CUKER& BEREZOFSKY 1617 JFK Blvd., Suite 800 Philadelphia, PA 19103 (215) 557-0099 Counsel for Plaintiffs Dated: JOELLEN BAZDAR Vo FAYE E. TEWNER Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : : No.: 672-S-1999 : : CIVIL ACTION- LAW ~ -'.-, : JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR TRANSFER ~- --. AND NOW, comes Plaintiff, JoEllen Bazdar, by and through her couns eslie Fields, Esquire and respectfully represents as follows in support of Plaintiff's Moron for ~5~ Transfer: 1. Plaintiff, JoEllen Bazdar, was involved in a motor vehicle accident which occurred at approximately 3:15 p.m. on or about November 14, 1997 on Route 15 near the intersection with West Lisbum Road, Upper Allen Township, Cumberland County, Pennsylvania. 2. This cause of action, however, was erroneously commenced in the County of Dauphin by the filing of a Writ of Summons on February 12, 1999. 3. Because the accident giving rise to this cause of action took place in the County of Cumberland, the County of Cumberiand has jurisdiction over the subject matter of this action. WHEREFORE, Plaintiff, JoEllen B azdar, pursuant to Rule 213(f), Pennsylvania Rules of Civil Procedure, respectfully requests that Your Honorable Court transfer this cause of action to the County of Cumberland and further direct the Prothonotary of Dauphin County to transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County Respectfully submitted, COSTOI~OULOS, FOSTER & FIELDS Pa I.D. 1~o.: 29411 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Attorney for Plaintiff Date: February 26, 2001 2 JOELLEN BAZDAR FAYE E. TEWNER Plaintiff Defendant 1N THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No.: 672-S-1999 : : CML ACTION- LAW : JURY TRIAL DEMANDED ORDER AND NOW, this day of ., 2001, upon consideration of Plaintiff's Motion for Transfer, it is hereby ORDERED that this cause of action be transferred to the County of Cumberland and further, that the Prothonotary of Dauphin County transfer the record together with a certified copy of the docket entries to the Prothonotary of Cumberland County. BY THE COURT: CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, certify that I have served a true copy of Plaintiff's Motion for Transfer on the individual(s) listed below by depositing the same in the United States mail, first- class, postage prepaid, from Lemoyne, Pennsylvania, addressed as follows: Faye E. Tewner 40 Belmont Place Passaic, NJ 07055 Dated: February 26, 2001 k.~.-~eeslie~. Fields, Esquire :IN THE COURT OF COlVlMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA : :NO: 672 S 2000 : : RULE TO SHOW CAUSE AND NOW, this~f ~) day of February, 2001, upon consideration of the Plaintiff's Motion for Transfer, a Rule is hereby issued on the Plaintiffto show cause as to why the Defendant's petition should not be granted. i-hereby certify that the foregoino is a true and con'ect copy~of tile oriQin~l filed. . I~ . ' ProU on°m y JOELLEN BAZDAR, Plaintiff FAYE E. TEWNER, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : : NO. 672 S 1999 AMENDED RULE TO SHOW CAUSE 1 AND NOW, this ~ day of June, 200 , a role is hereby issued upon defendant to show cause why Plaintiff's Motion for Transfer should not be granted. RULE RETURNABLE~ DAYS FROM SERVICE. JOELLEN BAZDAR, Plaintiff FAYE E. TEWNER, Defendant :IN THE COURT OF COMMON PLEAS iDAUPHIN COUNTY, PENNSYLVANIA :NO: 672 S .... : RULE TO SHOW CAUS~ AND NOW, this~__~ day of February, 2001, upon consideration of the Plaintiff's Motion for Transfer, a Rule is hereby issued on the Plaintiffto show cause as to why the Defendant's petition should not be granted. ~.o < e:~ COSTOPOULOS, FAX~TE~ & FIELDS ATTORNEYS AT LAW 831 MARKET STREET P.O. BOX 222 LEMOYNE, PENNSYLVANIA 17043-0222 C) JOELLEN BAZDAR Plaintiff FAYE E. TEWNER De l'endant iN EHE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No.: 672-S-1999 CIVIL ACi'ION- LAW JURY TRIAL DEMANDED AND NOW, this ORDER 2001, upon consideration of Plaintiff" s Motion lbr Transfer. it is hereby ORDERED that this cause of action be transferred to thc County of Cumberland m~d further, that the Prothonotary of Dauphin County transfer thc record together with a certified copy of the docket entries to the Prothonotary of Cumberland County BY TIlE COURT: JOEI.LEN BAZDAR 1, AYE E. TEWNER Plaintiff Defendant INqtIE(OLR OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA o ' ¢ 9 No.: 67~-S-19~ ~ CIVIl. ACTION- LAW JURY TRIAl, DEMANDED PLAINTIFF'S MOTION FOIl TRANSFER AND NOW, comes Plaintiff, JoEllen Bazdar, by and through her counsel, Leslie Fields. Esquire and respectfully represents as lbllows in support of Plaintiff's Motion Trans f'er: 1. Plainti fi, JoFAlen Bazdar. was involved in a motor vehicle accident which " 5 about November 14, 1997 on Route 15 near the occurred at approximately o:l_ p.m. on or intersection with West Lisburn Road, Upper Allen Fo'~nship. Cumberland Count,, Pennsylvania. 2. This cause o£ action, however, was erroneously commenced in thc County of Dauphin by the filing ol'a Writ of Summons on February 12. 1999. 3. Because the accident giving rise to this cause of action took place in thc County of Cumberland. the County of Cumberland has jurisdiction over thc subject matter of this action. WHEI>.EFORE, Plaintiff', JoEIlen Bazdar. pursuant to P. ulc 213¢). Pennsylvania Rules of Civil Procedure, rcspectfull) requests that Your llonorable Court transfcr this cause of action to the County of Cumberland and further dircct the Prothonotary of Dauphin County to transfer the record together with a ccrtified copy of the docket entries to thc Protbonotary of' Cumberland County Date: February 26, 2001 Respectfully submitted, ..l..c~lie ~-"~. l?iclds, Esqui.r.~/ . COSTO~OULOS, FOSTER & FIELDS Pa I.l). No.: 29411 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Attorney tbr Plaintiff P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 A~torneys for Defendant JO ELLEN BAZDAR, : Plaintiffs : FAYE E. TEWNER, : Defendant : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 99-S-672 CIVIL ACTION LAW JURY TRIAL DENLANDED TO THE PROTHONOTARY: PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. DATE: 65905 . 1 GOLDBERG, BiATZNLAN & SHIPNLAN, Joh~ R. 'Niflosk' ~, Esq~ul'~e Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant P.e. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on July 20, 2001: Beth G. Cole, Esquire Williams, Cuker and Brezofsky 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. John ~. 'Nin~sk~, Esq~i~ I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 65906.1 P.O. Box 1268 Harrisburg, PA 17108-1268 (717} 234-4161 Attorneys for Defendant JO ELLEN BAZDAR, FAYE E. IN THE COURT OF COMMON PLEAs Plaintiffs : DAUPHIN COUNTY, PENNSYLVANIA : NO. 99-S-672 TEWNER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED TO THE PROTHONOTARy: PP~CIPE Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. cc ~ GOLDBERG, KATZMAN & SHIPNLAN, P.C. ~ Attorney I.D. 78000 ~ ~ ~ P.O. Box 1268 ~ Harrisburg, PA 17108-1268 DATE: '~/~0/~[ (717) 234-4161 Attorneys for Defendant R~L~ TO: Beth G. Cole, Esquire, Williams, Cuker & Berezofsky, 1617 JFK Boulevard, Suite 800, Philadelphia, PA 19103-1895 Attorney for Plaintiff: A Rule is hereby issued upon Plaintiff, JoEllen Bazdar, to file a Complaint against Defendant within twenty 20) days of service hereof, or suffer j ud. g~_t~o/ non pros. ~ 62917.1 t~ ~ 0;00! St~henT~rin~~ WILLIAMS, CUKER & BEREZOFSKY BY= ~erald J. Grant IDENTIFICATION NO.: 85337 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 800 PHILADELPHIA, PA 19103-1895 (215) 557-0099 ATTORNEY FOR PLAINTIFF JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 672 S 1999 CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO MAKE THE RULE ABSOLUTE Kindly issue a rule to make absolute Plaintiffs' Motion for transfer in this matter. WILLIAMS CUKER & BEREZOFSKY GERAL~D/J.-- GRAN~, JR., ESQUIRE Attorney No. 85337 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103-1895 (215) 557-0099 Counsel for Plaintiff Date: CERTIFICATE OF SERVIC~ I, GERALD J. GRANT, JR., hereby certify that on this date I served a true and correct copy of the enclosed Amended Rule to Show Cause upon the Defendant, by certified mail return receipt requested and regular mail, at the following address: Faye E. Tewner 24 Merkle Road Columbus, OH 43209 //~ERALD / RAN JR. Date: F: \wpdocs \BETH\BETH. PLE\BAZDAR\ 0717Co fS. wpd WILLIAMS, CUKER & BEREZOFSKY BY: Beth G. Cole, ESQUIRE ID: 39416 1617 J.F.K. BOULEVARD, SUITE PHILADELPHIA, PA 19103 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR Plaintiff, FAYE E. Vo TEWNER Defendant. 800 IN THE COURT OF COM~{ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4823 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE "You have been sued in court. If you wish to defend againct the claims set forth in the following pages, you mint take action within twenty (20) days after this complail~t ~nd 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 wanted that if you fall to do so the case may proceed without~yo#yo and a judgment may be entered against you by the court without fu rt~t~r notice for any money claimed in the complaint or for any other~p~oO~Clai or relief requested by the plaintiff. You may lose money or prope or other righta important to you. ~ ON"YOUCE. SHOULD TAKE THIS PAPER TO YOURo~TWY~WYER AT · IF YOU DO NOT HAVE A LAV~gER OR CAN T AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET F LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELPS AVISO usted tiene veinte (20) di& de plazo al partir de la fecha de la avlso o notJficaei~. Adem~, la coke puede decidir a favor del "LLEVE ESTA DEMu~NDA A UN ABODADO INMEDIATAMENTE, SI NO TI~NE ABOGADO O SI NO TIENE EL DINERO SUFICI~NTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY COURT ADMINISTRATOR Lawyer Referral Service 4~ Floor Cumberiand County Courthouse Carilsle, PA 17013 (717) 240-6200 JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION- LAW JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, JoEllen Bazdar, by and through her attorneys, Williams, Cuker & Berezofsky and respectfully represents as follows in support of this Complaint: 1. Plaintiff, JoEllen Bazdar, is an adult individual residing at 3 Nittany Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Faye E. Tewner, is an adult individual residing at 24 Merkle Road, Columbus, Ohio 43209. 3. The events giving rise to this cause of action occurred at approximately 3:15p.m. on or about November 14, 1997 on Route 15 near the intersection with West Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Bazdar, was her father, JoEllen a passenger in a 1987 Acura automobile operated by Robert BaZdar, who was driving northbound on Route 15 and who was stopped at a red light behind a line of Cars when Defendant, Faye E. Tewner, operating a 1988 Subaru automobile, failed to stop and struck Plaintiff,s automobile from behind, thereby causing the collision and injuries that give rise to this cause of action. 5. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or .reckless actions of Defendant, Faye E. Tewner, in that she: a) failed to Come to a lawful stop at a red traffic light; b) failed to come to a stop before hitting Plaintiff's vehicle from behind; c) d) e) followed Plaintiff, s vehicle too closely; failed to Operate her vehicle at a safe speed; failed to maintain her car under proper and lawful control; f) g) h) i) J) failed to stop before causing an accident; failed to keep a proper lookout; failed to see what she should have seen; failed to notice the imminence of an accident and to take the necessary steps to avoid the same; and acted without regard for the safety and rights of other motorists and their passengers, including Plaintiffs Plaintiff v. Defendant: Neqliqence 6. The averments set forth in paragraphs 1 through 5 above are incorporated herein by reference. 7. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) a severe cervical sprain and strain; b) shoulder pain with radiculopathy; c) post-traumatic myofascial pain syndrome; neck, upper back and shoulder pain. 8. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has been obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 9. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered loss of earnings and/or impairment of her earning capacity and power. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities. 11. As a further direct and proximate result of the negligent, careless and /or reckless acts of the Defendant, Faye E. Tewner, the plaintiff, JoEllen Bazdar, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Faye E. Tewner, the Plaintiff, JoEllen Bazdar, has suffered a loss of life's pleasures and in the future will continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, against Defendant, Faye E. the compulsory arbitration limits plus costs and interest JoEllen Bazdar, demands judgment Tewner, in an amount in excess of as provided by law. RESPECTFULLY SUBMITTED: ~ ~. ~419~quire WILLIAMS, CUKER & BEREZOFSKY 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Phone: (215) 557-0099 ATTORNEY FOR PLAINTIFF DATED: August /, 2001. TRUE ~ FROM RECORD ~n Testimony wl,~eof, I hem un~o set my hano and the s~l ~ said C~rt ~t Carll~le. Pa, Prothono~ry VERIFICATION I, JoEllen Bazdar, do hereby verify that I am the Plaintiff in the within action, that I have personal knowledge of the facts alleged above, and that those facts are true to the best of my knowledge, information and belief. I further understand that false statements herein are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. LAW OFFICES GOLDBERG, I~ATZMAN ~ SHIPMAN, ]D.C. P.O. Box 1268 Harrisburg, PA 17108 1268 (717) 234-4161 Attorneys for Defendant JO ELLEN BAZDA/{, Plaintiffs FAYE E. TEWNER, Defendant IN THE COURT OF COM}4ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: within twenty (20) days from the date of service hereof, default judgment may be entered against you. NOTICE Plaintiff You are hereby notified to plead to the enclosed New Matter or a //'~ tC /; , / u, /,3,/(,, 68344.1 ' GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~ R. Ninosky, EsqUire I.D. #: 78000 P.O. Box 1268 Harrisburg~ PA 17108-1268 Attorneys for Defendant P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant JO ELLEN BAZDA/~, Plaintiffs FAYE E. TEWNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4823 CIVIL ACTION - LAW : : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, counsel, Goldberg, Katzman & Shipman, P.C., who files with New Matter by respectfully stating the following: 1. Admitted. 2. Admitted. 3. Denied. The averments in this Paragraph contain conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 4. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). comes Defendant, Faye E. Tewner, by and through her this Answer If 5. Denied. This paragraph, including subparagraphs a) through j), are denied pursuant to Pa. R.C.?. 1029(e). Plaintiff v. Defendant: Ne~liqenco 6. The answers contained in Paragraphs 1 through 6 of Defendant's Answer with New Matter are incorporated herein by reference as if fully set forth at length. 7. Denied. This paragraph, including subparagraphs a) through c), are denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor and respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice. 2 13. relief may be granted. 14. Plaintiff's applicable statute of NEW MATTER Plaintiff's Complaint fails to state a claim upon which cause of action may be barred by the limitations. 15. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. S1701, et seq. 16. The Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.$.A. S1705, et seq. 17. That the accident, and any injuries sustained by the Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 18. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a substantial factor in causing Plaintiff's damages. 19. That the accident, and any resulting injuries, may have been unavoidable. 20. That the accident may have been caused by a sudden emergency. 21. That if the Plaintiff suffered the injuries alleged in her Complaint, those injuries may have been caused in whole or in part by the negligence of the Plaintiff and to recover in this 3 action is barred or diminished in accordance with the Pennsylvania Comparative Negligence A6~. 22. Plaintiff may have assumed the risk of her injuries. 23. Pl&~.~iff may have failed to mitigate her damages, if any, wi~h_ any -. ~ ~ -'liability or responsibility on the part of the Defendant being expressly denied. 24. Plaintiff's claim and/or alleged losses may have been, or were entirely or substantially, the result of, or caused by, intervening'or, superceding causes for which the Defendant is not liabl~ Or responsible.~Any liability o~responsibility on the part of the-~efendant'being expresslydenied. WHEREFORE, Defendant demands judgment in her favor and respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice. GOLDBERG, KATZMA~ & SHIPMAN, P.C. Joh~ ~inosky, Esquire I.D. $: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 68340. 4 VERIFICATIO__N I, Faye E. Tewner, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and 'correct and that false statements may subject.me t~the penalties of 18 Pa. C.S. ~4904. FayeUE. Tewner DATE: 68345.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage pre~a~d~, in Harrisburg, Pennsylvania, on October 3, 2001: Beth G. Cole, Esquire Williams, Cuker and Brezofsky 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Attorneys for Plaintiff GOLDBERG, KATZMA_N & SHIPM3~N, P.C. 65906.1 Johq/~. ~0~k~, Esq~re I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17308-1268 Attorneys for Def~Rdant JOELLEN BAZDAR Plaintiff FAYE E. TEWNER Defendant 13-15. comprise 16. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION- LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO ~T;MATTER OF DEFENDANT FAi~Z E. TEWNER Denied. There allegations in these paragraphs legal conclusions requiring no further answer. Denied as a legal conclusion. By way of further answer, it is specifically denied that plaintiff's claims are limited or barred by the "Limited Tort" option pursuant to 75 Pa. C. S. A. section 1705, et seq. 17. Denied. It is specifically denied that and Plaintiff's injuries were caused in whole or the negligence this action. 18. Denied. a substantial factor in causing Plaintiff's injuries damages. 19. Denied. It is specifically denied that the and Plaintiff's injuries were unavoidable. 20. Denied. It is specifically denied that the the accident, in part by of third persons or entities not involved in To the contrary, Defendant's negligence was and accident accident was caused by a sudden emergency. 21. Denied. It is specifically denied that Plaintiff engaged in any negligence whatsoever. 22. Denied. It is specifically denied that Plaintiff assumed any material risks of her injuries, whatsoever. 23. Denied. It is specifically denied that Plaintiff failed to mitigate her damages. 24. Denied as a conclusion of law requiring no furhter answer. WHEREFORE, plaintiff demands judgment in her favor and against defendant, and asks the Court to provide her the relief sought in the Complaint. Dated: October 9, 2001 WILLIAMS, KER & BEREZOFSKY y . . N~. 36419 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 (215) 557-0099 Counsel for Plaintiff ATTORNEY VERIFICATION The averments or denials of fact contained in the foregoing are true and correct based upon the signer's personal knowledge or information and belief. contains averments which are inconsistent in been unable, after reasonable investigation, which of the inconsistent averments are true, knowledge or information sufficient to form a of them is true. This verification is made penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. ~ ~ Dated: October 9, 2001 If the forgoing fact, signer has to ascertain but signer has belief that one subject to the WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4823 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1 MOTION TO ADMIT ALAN H. SKLARSKY, ESQUIRE PRO HAC VICE AS CO-COUNSEL Pursuant to Pa. Bar Admission Rule 301, Beth G. Cole, Esquire hereby certifies and says: 1. I am alt attorney in the Commonwealth of Pennsylvania and an associate with the law firm of Williams, Cuker & Berezofsky, counsel for the plaintiff in the above-captioned matter. I make this certified statement in suppo~t of the motion to admit Alan H. Sklarsky, Esquire, to appearpro hac vice in this matter. As setI forth in his certification of counsel, Mr. Sklarsky is a member of the bar of the State of New Jersey in good standing in the highest court of that jurisdiction. Mr. Sklarsky has been involved in personal injury litigation for many years, and his experience would be an asset to this case. 3. I have agreed to serve as co-counsel with Mr. Sklarsky in connection with this proceeding. 4. I understand that should this court determine to admit counsel to appear and participate pro hac vice that I or another mernber of my firm will sign all pleadir~gs, briefs or other papers filed with the court and that the firm of Williams, Cuker & Berezofsky shall be held responsible for them in the conduat of the cause and of Mr. Sklarsky as the admitted attorney herein. WHEREFORE, plaintiff requests that Alan H. Sklarsky be admitted Pro Hac Vice as co-counsel f6r plaintiff, Joellen Bazdar. WILLIAMS, CUKER & By: ~ BETH G DATED: Octob,i~', 2003 BEREZOFSKY ~2~LE, ESQUIRE CERTIFICATE OF SERVICE I hereby certify that I have served a true copy of the foregoing Motion to admit Alan H. Sklarsky, Esquire Pro Hac Vice as Co-Counsel, Certifications of Beth G. Cole, Esquire and Alan H. Sklarsky, Esquire and Proposed Order was served by first-class mail, postage prepaid, to the following cotmsel of record: John R. Ninos~y, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 WILLIAMS, CU By.~ ~ BETH ~ER & BEREZOFSKY OLE DATED: Octob~,, 2003 WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNEI~, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .. cERTIFICATION OF BETH G. COLE, ESQUIRE Beth G. Cole hereby ~ertifies and says: 1. I am an attorney in the Commonwealth of Pennsylvania and an associate with the law firm of Williams, Cuker & Berezofsky, counsel for the plaintiff in the above- captioned ma~ter. I make this certified statement in support of the motion to admit Alan H. Skla~sky, Esquire, to appearpro hac vice in this matter. As set forth iq the certification of counsel, Mr. Sklarsky is a member of the bar of New Jersey in good standing in the highest court ofthat jurisdiction and has agreed to comply wilh all of the provisions ofR. 1:21-2, 1:20-1(b) and 1:28-2. I have agreed to serve as co-counsel with Mr. Sklarsky in connection with this proceeding. ~fcourse, his parhc~pat~on is subject to this court's authorization permitting hi~n to appear and participate pro hac vice in this matter. I understand Chat should this court determine to admit counsel to appear and participate pro hac vice that I or another member of my firm will sign all pleadings, briefs or other papers filed with the court and that the firm of Williams, Cuker & Berezofsky shall be held responsible for him and for the conduct of the cause of them. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements ma~Y false, I am subject to punishment. BETH G. C4Q~ DATED: October ~, 2003 WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 5~7-0099 ~4 TTORNEYS FOR P£A[NTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNEI~, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATION OF ALAN H. SKLARSKY~ ESQUIRE Alan H. Sklar~ky, Esquire, hereby certifies and states: I am an attorney licensed to practice in the State of New Jersey. I am a member in good standing with the State Bar of New Jersey and am able to practice in New Jersey courts. I am associated with the law firm of Williams, Cuker & Berezofsky maintaining a full-time law practice at 210 Lake Drive East, Suite 101, Cherry Hill, New Jersey 08002. I have never been subject to any disciplinary sanctions by any court or any bar association. I am associat6d in this matter by way of co-counsel:, with Beth G. Cole, Esquire, an associate with the law firm of Williams, Cuker & Berezofsky, with offices at One Penn Center, at Suburban Station, Suite 800, Philadelphia, PA 19103. Beth G. Cole is a member in good standing of the bar of this court and is qualified to practice pursuant to the Pa. Bar Admission. 5. I understand that if I am admitted to appear and participate pro hac vice: (a) (b) (c) I shall abide by the rules governing the courts of the iommonwealth of Pennsylvania, including all sciplinary rules. i shall notify this court immediately of any matter ~ffecting my standing at the bar of any other court. ! shall have all pleadings, briefs, and other papers filed With the court signed by an attorney of record, huthorized to practice in this state who shall be held ~cesponsible for them in the conduct of the cause and of me as the admitted attorney herein. 6. This isia motor vehicle, personal injury action and I have substantial experience in person01 injury litigation. In particular, I haw: litigated similar cases in Burlington and Camden Counties, New Jersey on behalf of plaintiffs in personal injury actions and I have spent a great deal of time researching, litigating and negotiating regarding the issues in this casA. I respectfully !request that this court grant this application on behalf of the plaintiff in the above-captioned matter to permit me to appear and participate pro hac vice. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by Dated: October'S/ me are willfully false, I am subject to punishment. ,2003 ESI~UIRE PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sul~nitted in duplicate) TO THE pNSTHONOTARY OF CUMBERLABD COUNTY Please list the following case: ~ ) for JURY trial at the next tenn of civil court. (Check one) CAPTION OF CASE must be !stated in full) (entire caption JOELLEN BAZDAR No. 01-4823 ) for trial without a jury. ( check one ) ~ ) Civil Action - Law (Plaintiff) VS. FAYE E. TEWNER (~efendant) VS. Date: ( ) ( ) Appeal from Arbitration (other) The trial list will he called on and /5 - 9-03 Trials cormmnce on /-I~.~ Pretrials will be held on /~/~ ~ (Briefs are d[ue 5 days before pretrials.) (The party listing this case for trial s~ provide forthwith a copy of the praecipe all counsel, pursuant to local Rule 214.1 No. 01-4823 Civil X~ 2001 Indicate the atto~ey who will try case for the party who files this praecipe: BETH G. COLEt ESQ~ and ALAN H. SKLARSKYt EBQ. Indicate trial coCnsel for other parties if known: JOHN R. NINOSK¥, is read~ for trial. This case Signed:~ Print Name~l~ Attorney for: WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ._ : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .. i ORDER GRANTING THE ADMISSION OF Ai.~AN H. SKLARSKY, EsOUIRE PRO HAC VICE THIS MATTER. having been opened to the Court by Williams, Cuker & Berezofsky, . attorneys for Plaintif~ on Application for an Order Granting Admission pro hac vice of Alan H. Sklarsky, Es{luire, and the Court having considered the application, Certification of Beth G. Cole, Esquiri and the Certification of Alan H. Sklarsky, Esquire filed in support and compliance with Pa. Bar Admission Rule 301 having been shown; IT IS HEREBY ORDERED on this~.~r<[ dayof ~,Jo~-,~CJ' ,2003, that Alan H. Sklarsk3~, Esquire be admitted pro hac vice. BY THE COURT: WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 Arro Ers for PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .. Pursuant to Pt and says: 1. Bar Admission Rule 301, Beth G. Cole, Esquire hereby certifies I am ar attorney in the Commonwealth of Pe~msylvania and an associate with th' law firm of Williams, Cuker & Berezofsky, counsel for the plaintif~ in the above-captioned matter. I make this certified statement in of the motion to admit Alan H. Sklarsky, Esquire, to appearpro hac :his matter. i)rth in his certification of counsel, Mr. Sklarsky is a member of the ~e State of New Jersey in good standing in the highest court of that lion. Mr. Sklarsky has been involved in personal injury litigation for suppo~ vice in As set 1 bar oft jurisdic many years, and his experience would be an asset to this case. 3. I have agreed to serve as co-counsel with Mr. Sklarsky in connection with this proceeding. 4. I understand that should this court determine to admit counsel to appear and partici~atepro hac vice that I or another member of my firm will sign all pleadings, briefs or other papers filed with the court and that the firm of Williar~s, Cuker & Berezofsky shall be held responsible for them in the conduot of the cause and of Mr. Sklarsky as the admitted attorney herein. WHEREFORE, plaintiff requests that Alan H. Sklarsky be admitted Pro Hac Vice as co-counsel fdr plaintiff, Joellen Bazdar. WILLIAMS, CUKER & BEREZOFSKY '~E~H G C~LE, ESQUIRE DATED: Octob~'[~-, 2003 CERTIFICATE OF SERVICE I hereby certify that I have served a true copy of the foregoing Motion to admit Alan H. Sklarsky, Esquire Pro Hac Vice as Co-Counsel, Certifications of Beth G. Cole, Esquire and Alan H. Sklarsky, Esquire and Proposed Order was served by first-class mail, postage prepaid, to the following counsel of record: John R. Ninos P.O. Box 126: Harrisburg, P~ ky, Esquire 17108-1268 DATED: Octob~,, 2003 WILLIAMS, CU] By. __ BETH 3ER & BEREZOFSKY 5OffE' WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR P£AINTIFF JOELLEN BAZDAR, Vo Plaintiff, FAYE E. TEWNEI~ Defendant. C} Beth G. Cole hereby 1. I am an attorn 2. As set forth New Jersey to comply wit~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ._ RTIFICATION OF BETH G. COLE, ESQUIRE :ertifies and says: :y in the Commonwealth of Pennsylvania and an associate with the law firm of Willia ~as, Cuker & Berezofsky, counsel for the plaintiff in the above- captioned mai ter. I make this certified statement in support of the motion to admit Alan H. Skhu sky, Esquire, to appearpro hac vice in this matter. i~ the certification of counsel, Mr. Sklar:~ky is a member of the bar of / iI good standing in the highest court of that jurisdiction and has agreed all of the provisions of R. 1:21-2, ! :20-1 (b) and 1:28-2. 3. I have agreed proceeding. ~ permitting hi~ 4. I understand' to serve as co-counsel with Mr. Sklarsky in connection with this ~f course, his participation is subject to this court's authorization to appear and participate pro hac vice in this matter. hat should this court determine to admit counsel to appear and participate pro hac vice that I or another member of my firm will sign all pleadings, briefs or other papers filed with the court and that the finn of Williams, Cuker & Berezofsky shall be held responsible for him and for the conduct of the cause of them. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements ma~y false, I am subject to punishment. BETH G. C4O~ DATED: October ~_~, 2003 WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDA Plaintiff, V. FAYE E. TEWNER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .. CER'I iFICATION OF ALAN H. SKLARSKY, ESQUIRE Alan H. Sklm sky, Esquire, hereby certifies and states: I am an attorr'ey licensed to practice in the State of New Jersey. I am a member in good standin~ with the State Bar of New Jersey and Jersey courts.! am able to practice in New I am associat, full-time law 08002. I have never association. I am associat associate wit ~d with the law firm of Williams, Cuker & Berezofsky maintaining a >ractice at 210 Lake Drive East, Suite 101, Cherry Hill, New Jersey )een subject to any disciplinary sanctions by any court or any bar d in this matter by way of co-counsel, with Beth G. Cole, Esquire, an the law firm of Williams, Cuker & Berezofsky, with offices at One Penn Center, at Suburban Station, Suite 800, Philadelphia, PA 19103. Beth G. Cole is a member in ,good standing of the bar of this court and is qualified to practice pursuant to the Pa. Bar Admission. 5. I understand that if I am admitted to appear and participate pro hac vice: (a) (b) shall abide by the rules governing the courts of the 2ommonwealth of Pennsylvania, including all tisciplinary rules. shall notify this court immediately of any matter fffecting my standing at the bar of any other court. (c) shall have all pleadings, briefs, and other papers filed vith the court signed by an attorney of record, tuthorized to practice in this state who shall be held esponsible for them in the conduct of the cause and of me as the admitted attorney herein. 6. This is !a motor vehicle, personal injury action and I have substantial experience in personal injury litigation. In particular, I have litigated similar cases in Burlington and Camden Counties, New Jersey on behalf of plaintiffs in personal injury actions and I have s~ent a great deal of time researching, litigating and negotiating regarding the issues in this casA. request that this court grant this application on behalf of the plaintiff I respectfully in the above-captior that the foregoing st statements made by Dated: October~ ed matter to permit me to appear and participate pro hac vice. I certify ~tements made by me are true. I am aware that if any of the foregoing me are willfully false, I am subject to punishment. 2003 ESI~UIRE WILLIAMS, CUKER & BEREZOFSKY By: BETH G. COLE, ESQUIRE Identification No.: 39416 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : No. 01-4823 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ., PRAECIPE TO RE-LIST CASE FOR TRIAl, TO THE PROTHONOTARY: Kindly re-list the above-referenced matter, which is currently listed for a trial call on 12/9/03; Pretrial -12/17/03; and Trial - 1/12/04, to the next term of civil court as follows: Trial List: 2/17/04 Pretrial: 2/25/04 Trial: 3/15/04 Jolm Ninosky, Esquire, counsel for defendant, consents 'Io the adjournment. Attached as Exhibit "A" is correspondence to Taryn Dixon, Court Adminiserator advising of defense counsel's consent. B-'~TH G. COLliE DATED: December 1, 2003 EXHIBIT A Williams Cuker "x .~ at Suburbar, Station Corporate Center 1617 J,F.K. Boulevard 210 Lake Drive East www. wcblegal.com Suite 800 Suite 101 Philadelphia, PA Cherry Hill, NJ 19103-1819 08002-1163 215.557.0099 856.667.0500 215,557,06Z~ )9.x 856.667.5133 fi~x November 14, 2003 C) Woodland Fails Mark R. Cuker*~ Gerald J. Williams" Esther E. Berezofsky Beth G. Cole~ Andrew E. Erba~*~ Wendy E. Carr*~ Kevin Haverty** Gerald I. Grant Jr,t* Michael A. Ring* Daniel Bencivengan Alan H. Sldarksy* Of Counsel Jamie C. Ray** Taryn Dixon Court Adm'mistrator Cumberland County Courthouse 1 Courthouse Sqaure Carlisle, PA 17103 Re: Joellen Bazdar v. Faye Tewner Cumberland County CP No. 01-4823 Dear Ms. Dixon: I represent the plaintiff, Joellen Bazdar, in the above action, which is presently on the trial list for January 12, 2004. Please be advised that we request a postponement of the case to the next trial listing on February 17, 2004. The attorney for the defendant, John Ninosky, Esq., does not object to this request. Kindly provide confirmation of the postponement. Thank you. BGC:bgc cc: John Ninosky, Esquire PR~ECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sub~litted in duplicate) TO THE PRDTHONOTARY OF CUMBERLAND COUNTY Please list the follow-J_ng case: (Check one) ) for JURY trial at the next term of civil court. ( ) for trial without a jury-. CAPTION OF CASE (entJ_re caption must be stated in full) JOELLEN BAZDAR No. 01-4823 (Plaintiff) (check one) Civil Action - Law ( ( Appeal from Arbitration ( other ) FAYE E. TEWNER vs. Defendant ) The trial ]-%st ~ be c~l]ed on_.,2jl 7/0~ and Trials corm~-nce on .3/15/04 Pretrials ~] be held on 2/25/04 (~riefs az~,· due 5 days before pretria]~.) (The party listing this case for trial shall provide fo~'thwith a copy of the praecipe to ~]] counse.~L, pursuant to local Rule 214.1. ) No. 01-4823 Civil X~ 2001 Indicate the attorney who will try case for the party who files this praecipe: BET~ G. COLE, ESQ. and ALA~ H. SKLARSKY, ESQ. Indicate trial counsel for other parties if )mown: JOHN R. NINOSKY, ESQ. This case is ready for trial. Date: Print Attorney CERTIFICATE OF SERVICE I hereby certify that I have served a true copy of the foregoing Praecipe to Re-List Case for Trial was served by first-class mail, postage prepaid, to the following counsel of record: John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 W~I~MS ~CU~ER & BEREZOFSKY DATED: December 1, 2003 Joellen Bazdar V Faye E. Tewner : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4823 C1VIL TERM ORDER OF COURT AND NOW, December 11, 2003, by agreement of counsel, the above captioned ease is hereby continued from the January 12, 2004 trial term. Counsel is directed to relist the case when ready. By the Court, ,/Beth G. Cole, Esquire v"Alan H. Sklarsky, Esquire For the Plaimiff ~John R. Ninosky, Esquire For the Defendant Court Administrator ld JOELLEN BAZDAR, : Plaintiff : FAYE E. TEWNER, : Defendant : #5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4823 CIVIL TERM before Edgar Sklarsky, This is PRETRIAL CONFERENCE AND NOW, this 25th day of February, 2004, Judge, present for the plaintiff was Alan H. B. Bayley, Esquire, and for the defendant, John R. Ninosky, Esquire. an automobile accident occurring on November 14, 1997, when Defendant rear-ended Plaintiff, negligence is admitted. Plaintiff suffered soft tissue injuries for general damages are sought. Estimated time which of trial, 2 days. Mr. Sklarsky has a case scheduled for trial in New Jersey the week before our civil term. It is possible that that case will continue during the entire week of our civil term. Our case should be left on the list with the understanding that if we are notified by Mr. Sklarsky that his other case is not resolved and that he must be in trial the week of our civil term, the case will then foe continued to be relisted be either counsel for the next term. If the case is being tried on tuesday, March 16, 2004, Mr. Ninosky has a matter for which this judge agrees he should attend and, on that day only, the trial wilt end at 3:00 p.m. By the Court, Alan H. Sklarsky, Esquire 1617 JFK Boulevard, STE 800 Philadelphia, PA 19103 For the Plaintiff John R. Ninosky, Esquire 320 Market Street Harrisburg, PA 17108-1268 For the Defendant pcb Joellen Bazdar V Faye E. Tewner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL TERM ORDER OF COURT AND NOW, March 17, 2004, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the May 3, 2004 trial term. The Prothonotary is directed to relist this case for the May 3, 2004 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the By the Court, list. ~h G. Cole, Esquire Elan. H. Sklarsky, Esquire For the Plaintiff ~/fohn R. Ninosky, Esquire For the Defendant ~Court Administrator :Id WILLIAMS, CUKER & BEREZOFSKY 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 By: Beth G. Cole, Esquire (ID #39416) Alan H. Sklarsky, Esquire ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION - LAW Jury Trial Demanded PLAINTIFF'S UNOPPOSED MOTION FOR NEW TRIAL DATE AND NOW, Plaintiff, Joellen Bazdar, by and through her attorney, Williams, Cuker & Berezofsky, hereby requests this Honorable Court to enter an Order removing the within matter from the May 3, 2004 trial term and relisting it for the July 12, 2004 tenn. Plaintiffrespectfully represents the following in support of this request: 1. This is a personal injury case arising out of an automobile accident which occurred on November 14, 1997. 2. This case was originally listed for trial for the March 15, 2004 trial term. 3. The case was not reached during said tri,~d term. 4. The case was continued by the Court for the May 3, 2004 trial term with no further need to attend the Call of the List. 5. Plaimiff, Joellen Bazdar, is a college stu~tent at Harrisburg Area Community College. She requests this postponement of the May 3, 2004 trial listing because her final college exams are scheduled for the week of May 3rd. 6. I previously wrote to the Court Adminisl~:ator advising of this conflict and was advised that the within motion was required. 7. I have spoken to John Ninosky, Esquire, counsel for defendant, Faye Tewner, in this matter, and he has no objection to a postponement of the present trial date. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order relisting the within matter for the July 12, 2004 trial term. Respectfully submitted, WILLIAMS, CUKER & BEREZOFSKY Attorneys for Plainttiff ~___._~ar 22 04 03:33p Williams Cu~er BerezoFsR~ (215}557-0673 Joellcn Bazdar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V : Faye E. Tcwner : : NO. 014823 CIVIL TERM ORDER OF COURT AND NOW, March 17, 2004, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the May 3, 2004 trial term. The Prothonotary is directed to relist this case for the May 3, 2004 trial term. Coumel are notified that they need not attend the Call of the List and no additional Pretrial C{mference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. By the Court, Beth G. Cole, Esquire Alan H. Sklarsky, Esquire For the Plaintiff John R. Ninosky, Esquire For the Defendant Court Administrator :Id CERTIFICATE OF SERVI_C~ I, Alan H. Sklarsky, Esquire, certify that ! have served a Irue copy of the foregoing Motion on the individual(s) listed below by facsimile and depositing same in the United States mail, first-class, postage prepaid, addressed as follows: John R. Ninosky, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Dated: LT~/~/o~ WILLIAMS, CUKER & BEREZOFSKY 1617 J.F.K. Boulevard, Suite 800 Philadelphia, Pennsylvania 19103-2030 (215) 557-0099 By: Beth G. Cole, Esquire (ID #39416) Alan H. Sklarsky, Esquire ATTORNEYS FOR PLAINTIFF JOELLEN BAZDAR, Plaintiff, V. FAYE E. TEWNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA NO. 01-4823 CIVIL ACTION - LAW Jury Trial Demanded ORDER AND NOW, thisi~_ d~y of ~ ,2004, after consideration of Plaintiffs unopposed motion to postpone[al date ithe t n this matter, it is hereby ORDERED and DECREED that Plaintiffs Motion is hereby granted and fl~e trial of this matter is carried to the July 12, 2004 term. JOELLEN BAZDAR, FAYE E. TEWNER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4823 CIVIl. ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE marktheabove-captioned maRer, seffled, discontinuedandended. :229440.1 WILLIAMS, CUKER ~ ~/ZOFSKY Ala~M4r'S"kTarsky, t_~s~ uire 210 Lake Drive East Suite 101 Cherry Hill, NJ 08002-1163 Attorneys for Plaintiff