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Home My WebLink About11-0588 MICHELE VARIAN IN THE COURT OF COMMON PLEAS 1012 Kidron Way CUMBERLAND COUNTY Henderson, TN 37075 and No. Sib' ?l,V?1 DAVID VARIAN 1012 Kidron Way Henderson, TN 37075 Ca and d ANGELA BIGGS rn?^ 'arn 7920 San Felipe Blvd, Apt 313 ° CP o Austin, TX 78729 : "{Z x'"' • ?c3 ?n l Plaintiffs Fti - VS. REBECCA HALE 601 East King Street Chambersburg, PA 17201 Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (IIC ?lSa Toll Free: 1-800-990-9108 IF YOU CAN AFFORD TO HIRE A LAWYER BUT DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Toll Free: 1-800-990-9108 MICHAEL J. O'CONNOR & ASSOCIATES, LLC BY: B A. DODSON, ESQUIRE I. D. # 206818 DAVID A. MILLER, ESQUIRE I.D. # 89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Attorneys for Plaintiffs MICHELE VARIAN 1012 Kidron Way Henderson, TN 37075 and DAVID VARIAN 1012 Kidron Way Henderson, TN 37075 and ANGELA BIGGS 7920 San Felipe Blvd, Apt 313 Austin, TX 78729 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. Plaintiffs VS. REBECCA HALE 601 East King Street Chambersburg, PA 17201 Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Michele Varian, is an adult individual who currently resides at 1012 Kidron Way, Hendersonville, Tennessee 37075. 2. Plaintiff, Angela Biggs, is an adult individual who currently resides at 7920 San Felipe Blvd., Apt. 313, Austin, Texas 78729. 3. Plaintiff, David Varian, is an adult individual who currently resides at 1012 Kidron Way, Hendersonville, Tennessee 37075. 4. Plaintiffs, Michele Varian and Angela Biggs, are mother and daughter. 5. At all times relevant to this Complaint, Plaintiffs, Michele Varian and David Varian, were married as husband and wife. 6. Defendant, Rebecca Hale, is an adult individual with a last known address of 601 East King Street, Chambersburg, Franklin County, Pennsylvania. 7. On or about January 30, 2009, at approximately 3:20 p.m., Plaintiff, Michele Varian was operating a U-Haul on Interstate 81 southbound near mile marker 29 in Shippensburg Township, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Plaintiff, Angela Biggs, was a passenger in the U-Haul driven by Michele Varian. 9. At the aforesaid time and place, Defendant, Rebecca Hale, was operating her 2007 Mazda 3, Pennsylvania license plate no. G558823, VIN JM1BK323471755121, southbound at an aggressive rate of speed. 10. At the aforesaid time and place, Defendant, Rebecca Hale, operated her vehicle in a careless manner, when, while traveling at a high rate of speed, she recklessly attempted to make a lane change and lost control of her vehicle and struck Ms. Varian's vehicle. 11. As a direct and proximate result of the aforesaid collision, Plaintiff, Michele Varian, sustained painful and severe injuries to her body including, but not limited to, a torn labrum in her right shoulder, supraspinatus tendinopathy with type II acromion and acromioclavicular arthropathy, right shoulder impingement syndrome, radiating shoulder and back pain, back stiffness, and persistent foot and ankle pain, some or all of which may be permanent in nature and may have aggravated preexisting conditions, and cause her great pain and suffering. 12. As a direct and proximate result of the aforesaid collision, Plaintiff, Angela Biggs, sustained painful and severe injuries to her body including, but not limited to, right and left trapezius pain, mid back pain, right arm numbness, bilateral finger numbness, and low back pain, loss of cervical lordosis, significantly elevated right pelvis and sacrum, left lumar curvature, right/left psoas shadow, slight decreased disc space with L5/S1 motor unit posterior weight bearing lumbar spine, and right thoracic curvature, some or all of which may be permanent in nature and may have aggravated preexisting conditions, and cause her great pain and suffering. 13. By reason of the aforesaid injuries sustained by Plaintiffs, they were forced to incur liability for medical treatment, medications, hospitalizations, and care in an effort to restore themselves to health. 14. As a further result of the aforesaid accident, Plaintiffs will continue to be obliged to expend various sums of money for medical treatment, medications, hospitalizations, and care for an indefinite time in the future, to their great detriment and loss. 15. As a result of the aforementioned injuries, Plaintiffs have undergone and, in the future, will undergo, great physical and mental suffering, great inconvenience in carrying out their daily activities and loss of life's pleasures and enjoyment. 16. As a result of the aforementioned injuries, Plaintiff, Angela Biggs, has sustained work loss resulting in past and future loss of earnings. COUNT I Michele Varian v. Rebecca Hale 17. Plaintiffs incorporate by reference the allegations and facts set forth in Paragraphs 1 through 16 above as if fully set forth herein. 18. At the aforementioned time and place, Defendant, Rebecca Hale, was negligent and careless in her: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the road; b. failure to maintain a safe distance between vehicles; C. failure to keep a proper watch for traffic on the road; d. failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; e. failure to keep proper and adequate control over her vehicle; and f. driving her vehicle upon the highway in a manner endangering persons and property with careless disregard to the rights and safety of others. 19. As a direct and proximate result of the causal negligence and carelessness of Defendant, Rebecca Hale, Plaintiff, Michele Varian, has been injured and has sustained the damages as aforesaid. WHEREFORE, Plaintiff, Michele Varian, demands a sum in excess of fifty thousand ($50,000.00) dollars from Defendant, Rebecca Hale, plus interest and costs of this lawsuit. COUNT II Angela Biggs v. Rebecca Hale 20. Plaintiffs incorporate by reference the allegations and facts set forth in Paragraphs 1 through 19 above as if fully set forth herein. 21. At the aforementioned time and place, Defendant, Rebecca Hale, was negligent and careless in her: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the road; b. failure to maintain a safe distance between vehicles; C. failure to keep a proper watch for traffic on the road; d. failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; e. failure to keep proper and adequate control over her vehicle; and f. driving her vehicle upon the highway in a manner endangering persons and property with careless disregard to the rights and safety of others. 22. As a direct and proximate result of the causal negligence and carelessness of Defendant, Rebecca Hale, Plaintiff, Angela Biggs, has been injured and has sustained the damages as aforesaid. WHEREFORE, Plaintiff, Angela Biggs, demands a sum in excess of fifty thousand ($50,000.00) dollars from Defendant, Rebecca Hale, plus interest and costs of this lawsuit. COUNT III David Varian v. Rebecca Hale 23. Plaintiff, David Varian, incorporates by reference the allegations and facts set forth in Paragraphs 1 through 22 above, as if the same were set forth herein at length. 24. As a result of the aforesaid accident and the negligence and carelessness of the Defendant, Rebecca Hale, Plaintiff, David Varian, as husband of Plaintiff, Michele Varian, has been deprived of the comfort, companionship, services, and assistance of his wife and will be deprived of the same for an indefinite time in the future. WHEREFORE, Plaintiff, David Varian, demands a sum in excess of fifty thousand ($50,000.00) dollars from Defendant, Rebecca Hale, plus interest and costs of this lawsuit. Respectfully Submitted, MICHAEL J. O'CONNOR & ASSOCIATES BY: zr??' B . DODSON, SQUIRE # 206818 DAVID A. MILLER, ESQUIRE I.D. # 89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Attorneys for Plaintiffs Date: 9Zz-& MICHELE VARIAN 1012 Kidron Way Henderson, TN 37075 and DAVID VARIAN 1012 Kidron Way Henderson, TN 37075 and ANGELA BIGGS 7920 San Felipe Blvd, Apt 313 Austin, TX 78729 Plaintiffs vs. REBECCA HALE 601 East King Street Chambersburg, PA 17201 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Beth A. Dodson, Esquire, hereby certify that I am this day serving a true and correct copy of the foregoing Civil Complaint filed on behalf of Michele Varian and Angela Biggs, upon the following person(s) via Certified and regular mail, First Class, Postage Pre-Paid. Ms. Rebecca Hale 601 East King Street Chambersburg, PA 17201 DATE: l BY: T DODSON, ESQUIRE ttorney I.D. #206818 DAVID A. MILLER, ESQUIRE Attorney I.D. #89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Attorneys for Plaintiffs MICHELE VARIAN IN THE COURT OF COMMON PLEAS 1012 Kidron Way CUMBERLAND COUNTY Henderson, TN 37075 and No. DAVID VARIAN 1012 Kidron Way Henderson, TN 37075 and ANGELA BIGGS 7920 San Felipe Blvd, Apt 313 Austin, TX 78729 Plaintiffs VS. REBECCA HALE 601 East King Street Chambersburg, PA 17201 Defendant JURY TRIAL DEMANDED Verification I, Beth A. Dodson, Esquire, do hereby state that I am the attorney for the Plaintiffs, Michele Varian and Angela Biggs, in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BET DSON, ESQUIRE I.D. # 206818 DAVID A. MILLER, ESQUIRE I.D. # 89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Date: Attorneys for Plaintiffs FILED-OFFICE A THE PRO HIiO OT,'" RY 2011 FEB -4 PM 12: 10 cUMDERLAQ COUNT`S PEPINSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE VARIAN, DAVID VARIAN, and ANGELA BIGGS, Plaintiffs, CIVIL DIVISION NO. 11-588 V. REBECCA HALE, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18367 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE VARIAN, DAVID VARIAN, and CIVIL DIVISION ANGELA BIGGS, Plaintiffs, NO. 11-588 V. (Jury Trial Demanded) REBECCA HALE, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Rebecca Hale, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, PC. By: n D. Rauch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3rd day of February, 2011. Beth A. Dodson, Esquire Michael J. O'Connor & Associates, LLC 608 West Oak Street P.O. Box 201 Frackville, PA 17931 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: vin D. Ra ch, Esquire unsel for Defendant MICHELE VARIAN IN THE COURT OF COMMON PLEAS 1012 Kidron Way CUMBERLAND COUNTY Henderson, TN 37075 and : No. 11-588 DAVID VARIAN 1012 Kidron Way Henderson, TN 37075 and ?e. ANGELA BIGGS rn r-, M ?y y ?? r'r?v- :;; N - W V ?"f 7920 San Felipe Blvd, Apt 313 Z5r TX 78729 : Austin z , :9>c-) =k Plaintiffs x'o ... `?' vs. REBECCA HALE 601 East King Street Chambersburg, PA 17201 Defendant JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Civil Complaint on behalf of my client, Rebecca Hale, and certify that I am authorized to do so. BY: AA Wevin D7 Rauch, Esquire Sun{mers, McDonnell, Hudock, Guthrie & Skeet, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Date: (-/ I t JURY TRIAL DEMANDED Plaintiffs' Reply to New Matter of Defendant, Rebecca Hale Plaintiffs herewith respond to the correspondingly numbered paragraphs of Defendant's MICHAEL J. O'CONNOR & ASSOCIATES, LLC By: David A. Miller, Esquire Attorney I.D. No. 89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Attorney for Plaintiffs MICHELE VARIAN, DAVID VARIAN and ANGELA BIGGS, V. Plaintiffs 23-11 R CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No 11-588 REBECCA HALE, Defendant New Matter as follows: 25. Denied. The averments contained in Paragraph 25 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. 26. Denied. The averments contained in Paragraph 26 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. 27. Denied. The averments contained in Paragraph 27 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. 28. Denied. The averments contained in Paragraph 28 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. By way of further reply, it is specifically denied that Plaintiffs' cause of action and/or claims are barred by the applicable Statue of Limitations. WHEREFORE, Plaintiffs ask that the New Matter of Defendant be dismissed and judgment entered in Plaintiffs' favor as requested in the Complaint. Respectfully Submitted, J. O'CONNOR & ASSOCIATES BY: DAVV A. MILLER ESQ. I.D. # 89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Attorney for Plaintiffs Date: q(4 1(( MICHAEL J. O'CONNOR & ASSOCIATES, LLC By: David A. Miller, Esquire Attorney I.D. No. 89063 608 West Oak Street, P.O. Box 201 Frackville, PA 17931 570-874-3300 Attorney for Plaintiffs MICHELE VARIAN, DAVID VARIAN and ANGELA BIGGS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. No 11-588 REBECCA HALE, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David A. Miller, ESQ., certify that on the date indicated below, I served a true and correct copy of Plaintiff s foregoing Reply to New Matter upon the following counsel of record by depositing same in the United States mail, first-class, postage prepaid, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to Date: g h l 11 R VERIFICATION I, DAVID A. MILLER, ESQ., Attorney for Plaintiffs, Michele Varian, David Varian and Angela Biggs, verify that the statements contained in the foregoing Reply to Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. P Dated:_ y DAVID . MILLER, ESQ., Attorney for Plaintiffs ! ! sF"R 20 PM 1: 4 i `tttE>FRLND COUNTY r -DNIN"SYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU MICHELE VARIAN, DAVID VARIAN, and ANGELA BIGGS, Plaintiffs, V. REBECCA HALE, Defendant. CIVIL DIVISION NO. 11-588 MOTION TO COMPEL RESPONSES TO DEF REQUEST FOR PRO[ DOCUMENTS AND IN ', PENNSYLVANIA PLAINTIFFS' :NDANT'S UCTION OF 'ERROGATORIES (Jury Trial Demanded) Filed on Behalf of the ant Counsel of Record for phis Party: Kevin D. Rauch, Esqui Pa. I.D. #83058 SUMMERS, McDONN LL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Mechanicsburg, PA 171 306 (717) 901-5916 #18367 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE VARIAN, DAVID VARIAN, and CIVIL DIVISION ANGELA BIGGS, Plaintiffs, NO. 11-588 V. (Jury Trial Demanded) REBECCA HALE, Defendant. F T AND NOW, comes the Defendant, Rebecca Hale, by and thr ugh her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin Rauch, Esquire, and files the following Motion to Compel Plaintiffs' Responses to Defendant's Request for Production of Documents and Interrogatories and in support) thereof avers the following: 1. This matter arises out of an automobile accident that occurred on January 30, 2009, on Interstate 81 in Shippensburg, Cumberland County, Pe nsylvania. 2. As a result of this incident, the Plaintiffs, Michele Varian and Angela Biggs, filed a Complaint sounding in negligence. 3. On February 7, 2011, the Defendants served both Plai for Production of Documents and Interrogatories relative to lawsuit. (A true and correct copy of the correspondence February 7, 2011, is attached hereto as Exhibit "A".) with Requests above-referenced the parties dated 4. In accordance with the Pennsylvania Rules of Civil Procedure 4019, the Plaintiffs' responses to Defendant's Request for Production of Documents and Interrogatories should have been received by March 9, 2011. 5. Defendant's counsel has made multiple attempts to ?ecure the Plaintiffs' responses to the Defendant's discovery requests via telephone an? letter. (A true and correct copy of the correspondence between the parties is attachE d hereto as Exhibit "B„) 6. To date, Defendant has not received the Plaintiffs' Responses to Defendant's Requests for Production of Documents or I 7. It is necessary to the proper defense of this lawsuit tha the Plaintiff file full and complete Responses to Defendant's Discovery Request. 8. Accordingly, pursuant to Pennsylvania Rules of Civil Procedure 4019, Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiffs to provide Defendant with full and complete Answers nd Responses to Defendant's Requests for Production of Documents and Interrogatories within 20 days or suffer additional sanctions. 9. Counsel for Defendant certifies that he attempted to c?ntact the Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth a ove. Despite such attempts, Plaintiffs' discovery responses have not been receiv d by Defendant's counsel. 10. Defendant's counsel certifies that no judge has rulE upon any other issues in the same or related matter. WHEREFORE, Defendant, Rebecca Hale, respectfully requests this Honorable Court enter an Order compelling Plaintiffs to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Documents to Plaintiff. Date: L' 1 Respectfully sub for Production of Summers, McDonn II, Hudock, Guthrie & Skeel, P. t. By: Keft D. R-ducV,?,'Esq ire Counsel for Defenda t, Rebecca Hale CEO ???> February 7, 2011 Beth A. Dodson, Esquire Michael J. O'Connor & Associates, LLC 608 West Oak Street P.O. Box 201 Frackville, PA 17931 RE: Varian & Biggs v. Hale Our File No. 18367 Dear Ms. Dodson: Enclosed please find Defendant's Interrogatories and Reque t for Production of Documents to Plaintiff in the above-captioned matter. Kindly respon to the same within the timeframe established by the applicable Rules of Civil Procedure Should you have any questions regarding the above, please (feel free to contact me. Thank you. Very truly yours, Kevin D. Rauch KDR:kan Enclosures (Cz::?s (0 G April 8, 2011 Dave Smilek Claim Representative State Farm Insurance Companies P.O. Box 142 Concordville, PA 19331-0142 RE: Varian & Bioos v. Hale Claim No. 38-L632-398 Insured Rebecca Hale D/Loss January 30, 2009 Our File No. 18367 Dear Mr. Smilek: Please be advised I am assisting Kevin Rauch in the above -referenced matter. To date, we have not received the Plaintiffs' discovery responses, which were due on March 7, 2011. Accordingly, I have notified the Plaintiffs' attorney that if he does not provide his clients' responses within the next ten (10) days, I will proceed with filing a Motion to Compel the same. Should you have any questions or concerns regarding the a4 hesitate to contact me. Thank you. Very truly yours, Micah T. Saul , please do not MTS:ces CERTIFICATE OF SERVICE I hereby certify that the Motion to Compel Directed to Plaintiffs Was served on the following counsel by first class mail on this 19th day of April, 2011. David Miller, Esquire Michael J. O'Connor & Associates, LLC 608 West Oak Street P.O. Box 201 Frackville, PA 17931 (Attorney for Plaintiffs) By: Kevin D. Rauch, Esquire Counsel for Defendant, Rebecca Hale MICHELE VARIAN, DAVID IN THE COURT OF COMMON PLEAS OF VARIAN and ANGELA BIGGS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs C CIVIL ACTION - LAW -v3 -= VS. NO. 11-588 CIVIL rn C3 Xrn ? r es REBECCA HALE, F - Defendant JURY TRIAL DEMANDED =C, ' :P'w rv i IN RE: DEFENDANT S MOTION TO COMPEL -, ORDER AND NOW, this 2 1' day of April, 2011, a rule is issued on the plaintiffs to show cause why the relief requested in the within Motion to Compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, X91 ' Kevi A. Hess, P. J. . d ? OOP ow Laxid M i! ler', &t io 1I ?Q? '? a U ,evi n bauc? i `'°L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE VARIAN, DAVID VARIAN, and CIVIL DIVISION ANGELA BIGGS, , ? Plaintiffs, s NO: 11-588 m' IT' V. , nom" CD (Jury Trial Demanded) REBECCA HALE, .� . Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE& SKEEL, P.C. By: Vaieen Hy s, Esquire Counsel for Plaintiff