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HomeMy WebLinkAbout04-3746William P. Douglas, Esq. Supreme Court LD. #37926 Douglas Law Office 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 Jackie D. Taylor In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- .3174116 Civil Term Joshua S. Hassler 527 S. Middlesex Rd. Carlisle, PA 17013 Civil action law Defendant Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Joshua S. Hassler. William P. Dougl , Esq. Attorney for ntiff date: July 30, 2004 p 4-9. /Y.} .7 C C'J zz? o rr rl -11 .7.' -r. ? m 1 i Commonwealth of Pennsylvania County of Cumberland Jackie D. Taylor vs Joshua S. Hassler 527 S. Middlesex Rd. Carlisle, PA 17013 In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania No. 04- _Qq/m Civil Term Civil action law Defendant Jury Trial Demanded Writ of Summons To: Joshua S. Hassler 527 S. Middlesex Rd. Carlisle, PA 17013 You are hereby notified that Jackie D. Taylor has brought an action against you. date: July 30, 2004 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff ?LJL/!U-?J Deputy othonot?ary,?/1 V SHERIFF'S RETURN - REGULAR CASE NO: 2004-03746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR JACKIE D VS HASSLER JOSHUA S GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HASSLER JOSHUA S the DEFENDANT , at 0015:17 HOURS, on the 13th day of August 2004 at 527 S MIDDLESEX ROAD CARLISLE, PA 17013 by handing to JOHN HASSLER (FATHER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this IAk day of A.D. othonotary So Answers: R. Thomas Kline 08/16/2004 DOUGLAS LAW OFFICE By: Depu y She f MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crams Mill Road Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION .-LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned on behalf of Defendant Joshua S. Hassler in the above captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Z7 Stephen J. Barcavage, Esquire DATE: JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION .-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this - day of Oetvbv, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 ANG ZILLA ? F-h MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non Los. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: phen J. Barcavage, Esquire DATE: JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do ??/,,? !V hereby certify that on this ? " day of 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 ANG L ILLA na ` , C=y DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717-243-1790 Jackie D. Taylor In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- 3746 Civil Term Joshua S. Hassler Civil action law Jury Trial Demanded Defendant 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 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street \ Carlisle PA 17013 717-249-3166 BY DATE: November 24, 2004 Complaint 1. The plaintiff, Jackie D. Taylor, is an adult individual residing at 435 W. North St., Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Joshua S. Hassler, is an adult individual residing at 641 South Hanover St., Carlisle, Cumberland County, Pennsylvania. 3. On or about, August 3, 2002, the plaintiff was operating his vehicle in an easterly direction, in the Borough of Carlisle, attempting to traverse the intersection of Spring Garden Street. 4. At about the same time and place, the defendant was operating his vehicle in a southerly direction on Spring Garden Street in the Borough of Carlisle. 5. The defendant failed to stop for a red light, and negligently entered the intersection directly into the path of the plaintiff's vehicle. 6. The impact occurred as a direct and proximate result of the defendant's negligence. 7. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to operate his vehicle in a safe and prudent manner; d) failing to stop his vehicle before he collided with the plaintiff. e) failing to yield to traffic control devices and thru traffic. 8. As a direct and proximate result of the negligence of the defendant the plaintiff was injured, his injuries, and/or aggravation of his pre-existing condition(s), include but are not limited to: a) injury to his nerves and nervous system; b) injury to his spine and supporting structures; C) property damage and loss of use; 9. As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts in excess of that covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of his injuries, the plaintiff has incurred pain and suffering and will continue to incur the same in the future. 11. As a result of his injuries the plaintiff has incurred aggravation, inconvenience and a loss of life's pleasures, and will continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained on August 3, 2002, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully submitteCIA William P. Douglas, Esq November 24, 2004 Attorney for Plaintiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. V 1 William P. Douglas Date: November 24, 2004 m ro ,J. -1 N MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Hassler JACKIE D. TAYLOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3746 CIVIL TERM JOSHUA S. HASSLER, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Jackie D. Taylor, Plaintiff c/o William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: STEPHEN J. BARCAVAGE, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION --LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, JOSHUA S. HASSLER, TO PLAINTIFF'S COMPLAINT NOW COMES Defendant, Joshua S. Hassler, by and through his attorney, who files this response to Plaintiffs Complaint and answers the Complaint as follows: 1. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Denied. Defendant resides at 527 South Middlesex Road Carlisle, Pennsylvania 17013. 3. Denied. Paragraph 3 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 4. Admitted. 5. Denied. Paragraph 5 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 6. Denied. Paragraph 6 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 7. a) - e) Denied. Paragraph 7 a) - e) is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 8. a) - c) Denied. Paragraph 8 a) - c) is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 8 a) - c), and therefore, the same are denied with strict proof thereof required at trial. 9. Denied. Paragraph 9 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 9, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 10, and therefore, the same are denied with strict proof thereof required at trial. 2 11. Denied. Paragraph 11 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 11, and therefore, the same are denied with strict proof thereof required at trial. 12. Denied. Paragraph 12 is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 12, and therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant, Joshua S. Hassler, respectfully requests judgment in his favor and against the Plaintiff together with such other costs this Honorable Court deems appropriate. NEW MATTER 13. Defendant hereby incorporates by reference his answers to Paragraphs 1-12 as if fully set forth herein. 14. Plaintiffs claims are barred by the applicable statute of limitations. 15. Plaintiff has failed to state a cause of action upon which relief can be granted. 3 16. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 17. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 18. Any and all injuries and or damages as described by Plaintiff in his Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 19. Plaintiffs claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 20. Plaintiffs claims are derivative in nature and are barred as a matter of law. 21. Defendant breached no duty of care owed to Plaintiff under the circumstances. 22. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 23. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 24. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 25. Plaintiffs Complaint and/or claims are barred by his selection of limited tort on the applicable automobile insurance policy as set forth by 75 Pa.C.S.A. §1705. 4 WHEREFORE, Defendant, Joshua S. Hassler, respectfully requests judgment in his favor and against the Plaintiff together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN f. BARCAVAGE, ESQUIRE s BY: ST EN. DATE: VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, 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 Defendant's Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Jo a Hassler DATE: 121// 1 / q 00,-/ JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of December, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 ANGELA ILLA ?. ? ? r j ,_. ? d . ,, t:'.1 .r t` C?1 ..? i?tl„ i „f I C_? .a ..? . ? i?1 i . , l f_ (?) .1 it ? ?.? _.?. My o Commonwealth of Pennsylvania County of Cumberland Jackie D. Taylor P.O. Box 7644 York, PA 17404 vs Joshua S. Hassler 527 S. Middlesex Road Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County Pennsylvania No. 04-3746 Civil Term Civil Action Law Defendants Jury Trial Demanded REPLY TO NEW MATTER 13. The allegations of the original complaint are incorporated herein by reference. 14.through 25. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the New Matter of the Defendant be dismissed and judgment entered in favor of the plaintiff and against the defendant. William P. Douglas Attorney for Pl?untiff Dated: December 21, 2004 VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. This verification is made pursuant to Pa. R.C.P. 1024(c) by counsel for plaintiff, based upon information received. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS LAW OFFICE B - Y Dated: December 21, 2004 William P. Douglas S ?_? •.z ? r ??; ? ; t"' - .. ? `:i ? ;V ?;" f._ I MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA S. HASSLER, Defendant NO. 04-3746 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PETITION FOR STATUS CONFERENCE Defendant, Joshua S. Hassler, by and through his counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby request a Status Conference and in support thereof states the following: 1. Plaintiff, Jackie D. Taylor, filed the Complaint in this matter on November 24, 2004. 2. According to the Complaint, Plaintiff alleges property damage, personal injury, medical expenses and wage loss. 3. Defendant filed his Answer with New Matter on December 17, 2004. 4. Plaintiffs Reply to New Matter was file on or about December 21, 2004. 5. On February 15, 2005, Defendant forwarded to Plaintiff Interrogatories and Request for Production of Documents. 6. On March 17, 2005, Plaintiffs counsel forwarded correspondence to Defense counsel stating that the only claim being made by Plaintiff was for property damage. Correspondence is attached hereto and marked as Exhibit "A." 7. On March 30, 2005, Plaintiffs counsel forwarded to Defense counsel a copy of a repair estimate that Plaintiff intended to introduce into evidence at Arbitration. Correspondence is attached hereto and marked as Exhibit "B." 8. On December 8, 2005, Defense counsel wrote to Plaintiffs counsel requesting that a Stipulation be signed withdrawing all Plaintiffs claims except for property damage. Stipulation is attached hereto and marked as Exhibit "C." 9. In January 2006, and April 2006, Defense counsel again requested that Plaintiffs counsel execute the Stipulation and also list this case for Arbitration. Correspondence is attached hereto and marked as Exhibit "D." 10. To date, Plaintiffs counsel has not executed the Stipulation and this case has not been listed for Arbitration. 11. Plaintiffs counsel has given no reason for the delay. 12. Defendant requests a Status Conference in order to discuss resolution of all outstanding issues and to set a deadline for the completion of discovery. 13. Counsel for Plaintiff was contacted via telephone and informed of the Petition; however, no response was given. WHEREFORE, Defendant, Joshua S. Hassler, requests this Honorable Court to schedule a Status Conference to address the issues raised herein. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: SP BARCAVAGE, ESQUIRE 4200 rums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorney for Defendant, Joshua Hassler '7) Q I C?n DATE: \05_A\L1AB\SJBARCAV AGE\LLPG\226063\SJBARCAVAGE\21237\00171 F-xhl bit WILLIAM P. DOUGLAS, ESQ. ALSO ADMITTED TO PRACTICE IN FLORIDA CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY DOUGLAS LAW OFFICE 27 W. HIGH STREET P. O. Box 261 CARLISLE, PENNSYLVANIA 17013-0261 March 17, 2005 Stephen Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Re: Taylor v. Hassler Dear Steve: (717) 243-1790 FAX (717) 243-6955 www. d o u g 1 a s 1 a woff i ce. com info* douglaslawoffice.com With respect to your interrogatories you sent, the only thing I am going to be presenting is the property damage claim. It seems answering the interrogatories is fruitless as they deal almost entirely with personal injury. If you are agreeable, I will provide you with the repair estimates with respect to the damage to the vehicle, which is the only exhibit I will be using. Sincerely, ?I' C WPD:a MAR 1 8 ?009 ?.Xhi bi -? B WILLIAM P. DOUGLAS, ESQ. ALSO ADMITTED TO PRACTICE IN FLORIDA CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY DOUGLAS LAW OFFICE 27 W. HIGH STREET P. O. BOX 261 CARLISLE, PENNSYLVANIA 17013-0261 March 30, 2005 Stephen Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Re: Taylor v. Hassler Dear Steve: (717) 243-1790 FAX (717) 243-8955 www.douglaslawaffice.com info ®douglaslawoffice.com Enclosed is a copy of the repair estimate, which we intend to introduce into evidence at the arbitration.. Sincerely, '6*, ? ? WPD:a Enclosure h IECIEaV[E D LI AR 3 1 2005 Z.l 23-)_e-kn 1 -1 1 JACKIE D. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3746 CIVIL TERM JOSHUA S. HASSLER, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED STIPULATION It is hereby stipulated by and between counsel for Plaintiff and counsel for Defendant that Paragraph 8 of Plaintiffs Complaint is amended as follows: As a direct and proximate result of the negligence of the defendant the plaintiff suffered property damage and loss of use. Additionally, it is hereby stipulated by and between counsel for Plaintiff and counsel for Defendant that Paragraphs 9, 10, 11, and 12 of Plaintiffs Complaint are Withdrawn, with prejudice. William P. Douglas, Esquire Stephen J. Barcavage, Esquire Attorney for Plaintiff Attorney for Defendant F-xhibit A REGIONAI MARMHALL, D>ENNEHEY, WARNER, COLEMAN 8 GOGGIN A P It O F 8 5 5 1 0 N A L C O N P O R A T 1 O N www.mojshaff&nnelwy.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Direct Dial: 717-651-3506 Email: sjbarcavage@mdwcg.com April 27, 2006 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 RE: Jackie D. Taylor v. Joshua S. Hassler Cumberland County CCP, No.: 04-3746 Civil Our File No.: 21237-00171 Dear Mr. Douglas: PHNN$YWANIA Bethlehem Doyltseown Erie Harrisburg King of Prussia Philadelphia P,",I-!h Scranton Williarruport N.w Jmu,Y Cherry Hill Roseland DW AwAAB Wilmington OHIO Akron PLoRmA Ft. Lauderdale Jacksonville Orlando Tampa MDW W.111L.) M?j I am writing with regard to the above-referenced lawsuit. In December 2005, and again in January 2006, I provided you with a Stipulation dropping that portion of your client's Complaint that deals with personal injuries, wage loss, and medical expenses. To date, I have not yet received the executed Stipulation, nor have you contacted me to discuss the aforementioned allegations. I also have made several requests to get this case listed for Arbitration. Again, I have not heard back from you regarding this issue. Please contact me at your earliest convenience and inform me if your client wishes to discontinue this case. Your prompt attention and cooperation is appreciated. Very "ly yours, X (? Stephen J. Barcavage 1:FENSE LITIGATION LAw FIRM SJB/tkc cc: Ernesto Fernandez, Senior Litigation Manager (USAA Claim No. 3665922) \05_A\LIAB\SJBARCAVAGE\CORR\219622\TKCOPENHAV ER\21237\00171 DEBRA L. SISTI, Plaintiff V. ROBERT BEAUDRY, JR., DMD, BEAUDRY ORAL SURGERY, and ROBERT J. BEAUDRY, JR., P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 96-5755 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, do hereby certify that on this day of July 2006, a copy of the foregoing Petition for Status Conference was served via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 (Attorney for Plaintiff) ST J ARCAVAGE, ESQUIRE \05 A\LIAB\SJBARCAVAGE\LLPG\226063\SJBARCAVAGE\21 \00 71 AL 1 8 2006 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Hassler JACKIE D. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3746 CIVIL TERM JOSHUA S. HASSLER, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED AND NOW THIS day of 2006, upon consideration of Defendant's Petition for Status Conference, it is hereby ORDERED that a Status Conference is scheduled for the `4 day of tl2f2 ? , 2006 at 2.%r o'clock a.n?/p:zn? before Judge Wesley Oler, Jr. of the Cumberland County Court of Common Pleas. 117 o N 0 t? ?: -? ?.n __ _?;?>- -- ,- i u. ?'? f" ?:..e JACKIE D. TAYLOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3746 CIVIL TERM JOSHUA S. HASSLER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 4th day of October, 2006, upon consideration of Defendant's Petition for Status Conference, and following a Status Conference held in the chambers of the undersigned judge on this date in which Plaintiff was represented by William P. Douglas, Esquire, and Defendant was represented by Stephen J. Barcavage, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. The stipulation attached as Exhibit C to Defendant's Petition for Status Conference may be filed within 10 days of today's date; 2. In the event that the said stipulation is not filed within that period, Plaintiff shall furnish in verified form and without objection Answers to Defendant's Outstanding Interrogatories and Request for Production of Documents within 20 days of today's date to Defendant's counsel. illiam P. Douglas, Esquire 27 W. High Street P.O. Box 261 Carlisle, PA 17013 For the Plaintiff ,/tephen J. Barcavage, Esquire 4200 Crums Mill Road Harrisburg, PA 17112 For the Defendant Pcb By the Court, c, b 6 3000 ??';'' - ;?;ia1 QCs e .in , JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION It is hereby stipulated by and between counsel for Plaintiff and counsel for Defendant that Paragraph 8 of Plaintiff's Complaint is amended as follows: As a direct and proximate result of the negligence of the defendant the plaintiff suffered property damage and loss of use. Additionally, it is hereby stipulated by and between counsel for Plaintiff and counsel for Defendant that Paragraphs 9, 10, 11, and 12 of Plaintiffs Complaint are Withdrawn, with prejudice. William P. Douglas, Esquire Attorney for Plaintiff Attorney for Defendant r MARSHALL, DENNEHEY, WARNER,COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Our File No. 21237-00171 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3746 CIVIL TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on August 23, 2007, I served a copy of Stipulation being filed with the Court via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 en J. Barcavage ° CC: "ff MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Our File No. 21237-00171 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3746 CIVIL TERM CIVIL ACTION -LAW : JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE WILLIAM DOUGLAS, THE JUDGE OF SAID COURT: Stephen J. Barcavage, Esquire, counsel for Defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $25,000. There is no counterclaim. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: None. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: hen J. Barcavage, Esquire Attorney for Defendant ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: August 27, 2007 717-651-3506 MARSHALL, DENNEHEY, WARNER,COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Our File No. 21237-00171 Attorneys for Defendant Hassler JACKIE D. TAYLOR, Plaintiff V. JOSHUA S. HASSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3746 CIVIL TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on August 27, 2007, I served a copy of Petition for Appointment of Arbitrators via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 Attorney for Plaintiff 04en J. Barcavage 'IX - r'1 C; o 0 - T} Ito +? '_ G i f TT rr, ?? -t l t ? R a' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire I.D. No. 78867 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3506 Our File No. 21237-00171 Attorneys for Defendant Hassler JACKIE D. TAYLOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3746 CIVIL TERM JOSHUA S. HASSLER, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED ORDER AND NOW, this li'1A day of lxj? , 2007, in consideration of the foregoing Petition, , Esquire, 1 ? e` Esquire, and JA'm Esquire, are appointed arbitrators in the above-captioned act' s prayed for. By the o G J. Vol ah LO 'JZ we, Jackie D. Taylor _ In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 04 _ 3746 Joshua S. Hassler Defendant Civil Action - Law. Oath We do solemnly swear (or affi=) that we will support, obey and defend the Constitution of the United States and the Constitution o, ,this Commonwealth and that we will discharge the duties of our office w' fidel i afore Signature ignature George B. Faller, Jr., Esq. David A. Fitzsimons, Esq. Thomas E. Flower, Esq. Name (Chairman) Name Name Martson Law Offices Law Firm Martson Law Offices Law Firm Saidis Flower & Lindsay Law Firm 10 East High Street 10 East High Street 2109 Market Street Address Address Address Carlisle, PA 17013 Carlisle, PA 17013 Camp Hill, PA 17011 City, Zip city, zip City, Zip I V783 #? 11183 4f lagaq Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) r zt eta Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: November 9, 2007r (Chairman) Date ofAward: November 9, 2007 tJ Notice of Entry of Award -, Now, the I3 day of No\j 20_k7_, at 3: 56 P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensatipp to be paid upon appeal: S 3SO .Qa By:___ Prothonotary Deputy "Z4 q t K ' .rte ?? V t ? ` p? J p0,lti D. Taylor Plaintiff Joshua S. Hassler Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 04 _ 3746 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution o this Commonwealth and that we will discharge the duties of our office w' fidel' i a e Signature ignature George B. Faller, Jr., Esq. David A. Fitzsimons, Esq. Thomas E. Flower, Esq. Name (Chairman) Name Name Martson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, zip Martson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, zip Saidis Flower & Lindsay Law Firm ` 2109 Market Street Address _ Camp Hill, PA 17011 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 0 CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 /?? FI ??4D-OFFICE ppp?f VI w ri[?1-?`kr.N' OtAR1 2907 NOV 19 AM 11: 23 William P. Douglas, Euire Douglas Law Office 27 West Hi, "`--?` - - Cadisle -W Q s ® wrNi 02 1A $ C 0004631598 N01 MAILED FROM ZIP CC ,j L/ , 3-7 y6 X 171 NEE 1 AOSC 23 1111 FORWARD TIME EXP MTN TO SEND :DOUGLAS LAW OFFICE 43 W SOUTH ST CARLISLE PA 17013--3432 RETURN TO SENDER r STEPHANIE C. VAN GORDER KRIBS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW C. VAN GORDER, DEFENDANT 04-4831 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Edward L. Schorpp, Esquire, Chairman, shall be paid the sum of $50.00. By the"Court, Edgar B v Edward L. Schorpp, Esquire Court Administrator sal C0py $30101 D?' &epLan'IeC.Van6bnder k6 bs Plaintiff Andrew C. Van GnrdP,r _ Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No._ 0- Civil Action - Law. Oath We do solemnly swear (or affarm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Edward L. S` &nrpp Name (Chairman) Law Firm 35 ?trush Dri Address a&rI isle QA 0 0 13 City, Zip Signature Name Law Firm Address city, zip Signature Name Law Firm Address city, zip # k Q, to a Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: (Chairman) Notice of Entry of Award a :_ ._ Now, the day of , 20 , at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S By: Prothonotary Deputy