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HomeMy WebLinkAbout12-0096 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA KENT, Plaintiff V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE, Defendants IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2010 SU 004327-69 xw N tJ CIVIL ACTION - LAW -..y !41 I `• / Y • • E- 1 . gq "wr PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT RANDALL SPRIGAE AND BRITTANY SPRIGGLE AND NOW COMES THE PLAINTIFF, Melissa Kent, by and through her attorney, SHOLLENBERGER AND JANUZZI, LLP, and files her Reply to New Matter of Defendants Randall Spriggle and Brittany Spriggle (hereinafter "Defendants"), and, in support thereof, respectfully represents the following: Paragraphs 1 through 20 of the Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 21. The averment set forth in Paragraph 21 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 22. The averment set forth in Paragraph 22 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). • • 23. The averment set forth in Paragraph 23 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 24. The averment set forth in Paragraph 24 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 25. The averment set forth in Paragraph 25 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 26. The averment set forth in Paragraph 26 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully submitted, By: Date: Nov 29 20 rr SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff 2 D.#34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELISSA KENT, Plaintiff V. John D. Kearney Romando Zirulnik Sherlock & Demille 30 South 17th Street, Suite 1730 Philadelphia, PA 19103 Shc By: IN THE COURT OF COMMON PLEAS PENNSYLVANIA YORK COUNTY , NO. 2010 SU 004327-69 `'-`' CIVIL ACTION - LAWS CERTIFICATE OF SERVICE A 1 A RANDALL SPRIGGLE and BRITTANY SPRIGGLE, Defendants AND NOW, this day of November, 2011, 1 hereby certify that a copy of the foregoing Reply to New Matter has been served upon the following via U.S. Mail, postage prepaid: 3 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com HARRISBURG OFFICE (717) 728-3200 4811 JONESTOWN RD FAX (717) 728-3400 SUITE 221 Please reply to Enola Office HARRISBURG, PA 17109 TIMOTHY A. SHOLLENBERGER (Do not send mail to this address) KARL J. JANUZZI Writer's Direct E-mail - dwinn(d)sholhanlaw.com (717) 671-6400 ADAM T. WOLFE FAX (717) 671-4900 Office of the Prothonotary York County Judicial Center 45 North George Street York, Pennsylvania 17401 Re: Melissa Kent v. Randall Sariggle and Brittany Spri_q_q? Docket No.: 2010-SU-004327-69 o C - Dear Sir or Madam: „?- Enclosed please find an original and one copy of the Reply to New Maier FfFthe-i above-referenced matter. Please file the original and return the time-stampec tmploo my attention in the self-addressed, stamped envelope provided herein., -? Should you have any questions, please do not hesitate to contact me. Very trIly yours, Danielle Winn, Legal Assistant to Timothy A. Shollenberger /dw Enclosures cc: John Kearney, Esquire G:\TIM CASE FILES- OPEN\Kent, Melissa\Correspondence\113011 LT proth encl Reply to NM [dw].doc L` • NOTICE TO PLEAD ROMANDO, ZIRULNIK, SHERLOCK & DEMILLE You are hereby notified to file a written By: John D. Kearney, Esquire response to the enclosed pleading within IDENTIFICATION NO. 44207 twenty (20) days from service hereof or 309 Fellowship Road, Suite 330 I a judgment maybe entered against you. Mt. Laurel, NJ 08054 Attorney for Defendants, Randall Spriggle and Brittany Spriggle MELISSA KENT COURT OF COMMON PLEAS Plaintiff, YORK COUNTY V. c; NO:2010-SU-004327-69 = ;a v ? o RANDALL SPRIGGLE °•; rv and `- `- BRITTANY SPRIGGLE Defendants. V1 •• DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 5. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in • this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiffs Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 9. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiffs Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. Moreover, the allegations contained in this paragraph of Plaintiff s Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. 11. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 14. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 16. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. WHEREFORE, Answering Defendants demand judgment in their favor and against the Plaintiff. COUNTI • 17. Answering Defendants hereby incorporate by reference the answers given to paragraphs 1 through 16 inclusive as though same were set forth fully hereinafter. 18. Denied. The allegations contained in this paragraph of Plaintiff s Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. WHEREFORE, Answering Defendants demand judgment in their favor and against the Plaintiff. COUNT II 19. Answering Defendants hereby incorporate by reference the answers given to paragraphs 1 through 18 inclusive as though same were set forth fully hereinafter. 20. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. NEW MATTER 21. If it is determined that Answering Defendants are liable on the Plaintiffs cause of action, Answering Defendants aver that Plaintiffs recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 22. It is further averred that if Plaintiff suffered any injuries or damages as alleged, they were caused solely and primarily by Plaintiffs own carelessness, recklessness and negligence. 23. It is further averred by Answering Defendants that if Plaintiff suffered any injuries or damages as alleged, said Plaintiff by her conduct assumed the risk of those injuries or damages. 24. It is further averred by Answering Defendants that the Plaintiffs cause of action is barred by the appropriate Statute of Limitations. 25. Plaintiff failed to mitigate her damages. 26. The injuries identified by the Plaintiff in her Compliant were not caused by the accident described therein. Respectfully submitted, I'% "YW )n (? John D. Kearney, Esquir Dated: November 17, 2011 VERIFICATION I, JOHN D. KEARNEY, ESQUIRE, hereby state that I am the attorney for the Defendants in the within action and verify that the averments or denials of facts contained in the foregoing are true based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. art- "Ir ?.? g53 J6HN D. KEARNEY, ESQ RE Dated: November 17, 2011 CERTIFICATE OF SERVICE I, JOHN D. KEARNEY, ESQUIRE, hereby certify that on November r /, 2011, I forwarded a true and correct copy of Defendants' Answer to Plaintiff's Complaint with New Matter to all parties listed below via United States First Class Mail, postage pre-paid: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 1 John D. Kearney, Esqu o 0 ?ri 0 ?c ? -0 r" A ROMA ND BRULNIK SHERLOCK EM ILLE Attorneys at Law Staff Counsel Office of Selective Insurance Company of America Thomas D. Romando AO Jodi F. Mindnich A+ Mark B. Zirulnik A+ * 309 Fellowship Road Derek A. Ondis A A+ Margaret A. Sherlock Linda L. Keesey AO Louis J. DeMille, Jr. A Suite 330 Michael R. Small Of William P. Munyon **A Mt. Laurel, NJ 08054 Denise L. Wemer AO Marc Myers 0 John D. Kearney 0 Michael P. O'Rourke A Patrick M. Coyne A+ Elizabeth R. Brennan A Telephone: 856-778-3220 Stewart M. Martinez A Brian M. Brodowski A Facsimile: 856-778-3222 Kevin W. Lynch AO Arthur E. Donnelly III A Jill B. Flynn A+ Stephen G. Sobocinski AO Offices also in East Hanover and Michael A. O'Hara A Barbara Nabors AO Hamilton New Jersey Joseph E. Kelley A John J. Duffy 1110 Beth A. Wright A Colleen M. Crockrr AO *Certified by the Supreme Court of New Jersey Brian J. Convery A Gerard P. Hermann A as a Civil Trial Attorney F. Lawrence Magro, Jr. *A Thomas F. Miller AO ** Certified by the Supreme Court of New Jersev Shoshana C. Hyman Christopher M. Campanaro **AO as a Workers' Compensation Attorney A NJ Bar + NY Bar 0 PA Bar £ CT Bar November 17, 2011 York County Prothonotary 45 North George Street C= = 0 York, PA 17401 -? c? ° X N C) Re: Kent v. Spriggle c -, o York CCP, No. 2010-SU-004327-69 ,. -4• J ?' Claim No. 20793607 xw',, ?==' Our File No. P-3785-EPA-022011 ^' co Dear Sir/Madam: Enclosed please find an original and one copy of Defendants' Answer to Plaintiff s Complaint with New Matter. Please file the original with the court and return a time stamped copy. Very truly yours, Y?V\?• 'S? hn D. Kearney JDK/ik Enclosures cc: Timothy A. Shollenberger, Esquire (w/encl SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELISSA KENT, Plaintiff V. RANDALL SPRIGGLE and BRITTANY? SPRIGGLE, Defendants 0 rz IN THE COURT OF COMMON PLEAS - YORK COUNTY, PENNSYLVANIA NO. 2010 SU 004327-69 CIVIL ACTION - LAW MOTION TO TRANSFER ACTION PURSUANT TO PA. R.C.P. 4006(d)(1) And now comes the Plaintiff, Melissa Kent, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and files this Petition to Transfer Action Pursuant to Pa. R.C.P. 4006(d)(1) and in support thereof sets forth as follows: 1. The above captioned action arises from a motor vehicle collision that occurred on August 22, 2008, on Route 11/15 in Enola, Cumberland County, Pennsylvania. 2. The Plaintiff, Melissa Kent, commenced this action on or about August 19, 2010, by filing a Writ of Summons in York County Pennsylvania. 3. The Writ of Summons was re-issued on or about September 24, 2010. 4. The Writ of Summons was served on Defendants, Brittany Spriggle and Randall Spriggle, on October 15, 2010. 5. York County is not an appropriate venue as it is not the location of the crash and the Defendants do not reside in York County. 6. Venue in this case should be transferred from the Court of Common Pleas of York County to the Court of Common Pleas of Cumberland County, under the Pennsylvania Rules of Civil Procedure 1006(d)(1) for the convenience of parties and witnesses because York County has no connection to the parties involved nor to the location of the crash. 7. Counsel for the Plaintiff has disclosed the full text of this motion and accompanying order to counsel for the Defendants and he concurs with this motion. WHEREFORE, Plaintiff, Melissa Kent, respectfully requests that this Court transfer venue of this action from York County to Cumberland County, pursuant to Pa. R.C.P. 4006(d)(1). Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: mo y . Sh en rg Dated: 06.221,11 0 1 . 0 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELISSA KENT, Plaintiff IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA V. RANDALL SPRIGGLE and BRITTANY? SPRIGGLE, Defendants NO. 2010 SU 004327-69 CIVIL ACTION - LAW CERTIFICATE OF And now, this a0day of e , 2011, 1 hereby certify that a copy of the r--3 foregoing Motion to Transfer Action has been served upon the following, via?irs@ba 6 Mail: r 4.w. -T 0 John D. Kearney ?V Romando Zirulnik Sherlock & Demille 30 South 17th Street, Suite 1730 Philadelphia, PA 19103 SHOL NBERGER & JANUZZI, LLP B oth . Shollenberger, Esq. Attorney ID No.: 34343 0 4 , 0 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com 128 3200 HARRISBURG OFFICE (717) 4811 JONESTOWN FAX (717) 728-3400 RD SUITE 221 Please reply to Enola Office HARRISBURG, PA 17109 TIMOTHY A. SHOLLENBERGER (Do not send mail to this address) KARL J. JANUZZI Writer's Direct E-mail - iessicas shollianlaw.com (717) 671-6400 ADAM T. WOLFE FAX (717) 671-49W june 23,2011 Office of the Prothonotary York County Judicial Center 45 North George Street York, Pennsylvania 17401 Re: Melissa Kent v. Randall Spri_q_q/e and Brittany Spripcg/e Dear Sir or Madam: Enclosed please find an original and two (2) copies of Plaintiffs Motion to Transfer Action. Please file one copy, forward the original to the Court Administrator's Office for approval and return a time-stamped copy to my attention in the envelope provided. Thank you for your usual kind assistance. If you should have any questions, please contact me. W. Swedeaelw, RW,"Pa.C.P. I to Timothy A. Shollenberger /jms t? Enclosures Cc: John D. Kearney, Esquire [w/ enclosure] Very truly yours, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA KENT, Plaintiff V. RANDALL SPRIGGLE and BRITTANY? SPRIGGLE, Defendants U r--3 C __. ., r cr 0 C7 r rti? ?} Co IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2010 SU 004327-69 CIVIL ACTION - LAW CERTIFICATE OF CONCURRENCE I, Timothy A. Shollenberger, counsel for the Plaintiff, do hereby certify that I disclosed the full text of the Petition to Transfer Action Pursuant to Pa. R.C.P. 1006(d)(1) and the accompanying order by facsimile to John D. Kearney, counsel for Defendant, and he concurs. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP h A. hollenberger, Esquire Attorney I.D. # 34343 Date os . 2Z, n u SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff • V r r ? G C7 z' -C1 o -i ° O .., O MELISSA KENT, Plaintiff V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE, Defendants IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2010 SU 004327-69 CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Melissa Kent, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. Plaintiff, Melissa Kent, is an adult individual who currently resides at 407 Shepherd Street, Jonestown, Lebanon County, Pennsylvania. 2. Defendant, Randall Spriggle, is an adult individual whose last known address is 402 Sunbury Street, Millerstown, Perry County, Pennsylvania. 3. Defendant, Brittany Spriggle, is an adult individual whose last known address is 402 Sunbury Street, Millerstown, Perry County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on August 22, 2008, on Route 11/15 in Enola, Pennsylvania, near the entrance to the shopping plaza and the McDonald's restaurant. 5. At the aforesaid time and place, Plaintiff, Melissa Kent, was a front seat passenger in a 2008 Ford Taurus. 6. At the aforesaid time and place, Defendant, Brittany Spriggle, was the operator of a 2002 Ford Focus, owned by Randall Spriggle. 7. At the aforesaid time and place, the aforesaid Ford Taurus occupied by Plaintiff, Melissa Kent was stopped at a traffic signal facing northbound on Route 11/15. 8. At the aforesaid time and place, Defendant, Brittany Spriggle was traveling northbound on Route 11/15 directly behind the vehicle occupied by the Plaintiff, Melissa Kent, and failed to stop the 2002 Ford Focus, smashing into the rear of the vehicle being occupied by the Plaintiff. 9. As a result of the aforesaid incident, Plaintiff, Melissa Kent, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the cervical spine; b. Severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the thoracic spine; C. Severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the lumbar spine; d. Cervical and thoracic myofascitis; e. Chronic myofascial pain with trigger points in the thoracic region; and fy Trigger points, bilaterally in the paraspinal muscles. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, Melissa Kent, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, Melissa Kent, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Melissa Kent, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Melissa Kent, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of this collision, Plaintiff, Melissa Kent, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 15. As a further result of the aforesaid injuries, Plaintiff, Melissa Kent, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 16. Plaintiff, Melissa Kent, was the named insured on a policy of insurance issued to her by Erie Insurance bearing policy number Q12-2107078, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff, Melissa Kent, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNTI MELISSA KENT v. BRITTNEY SPRIGGLE 17. Paragraphs 1 through 16 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 0 1 1 0 18. The aforesaid collision was the direct and proximate result of the negligence of Defendant, Brittany Spriggle, in operating the 2002 Ford Focus in a careless, reckless, and negligent manner as follows: a. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; b. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him/her to bring her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; C. In failing to have her vehicle under proper and adequate control; d. In failing to apply the brakes in time to avoid the collision; e. In failing to observe Plaintiff's vehicle on the highway; f. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; g. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle occupied by the plaintiff; h. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; and i. In failing to keep a reasonable look-out for other vehicles lawfully on the road. WHEREFORE, Plaintiff, Melissa Kent, demands judgment against Defendant, Brittany Spriggle, for compensatory damages in an amount in excess of the amount 0 1 . 0 requiring compulsory arbitration. COUNT II MELISSA KENT v. RANDALL SPRIGGLE 19. Paragraphs 1 through 18 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 20. The aforesaid collision is the direct and proximate result of the Defendant, Randall Spriggle, permitting and/or authorizing the Defendant, Brittany Spriggle, to operate the 2002 Ford Focus when he knew or should have known that Defendant Brittany Spriggle would likely operate the 2002 Ford Focus in such a manner as to create an unreasonable risk of harm to other drivers on the roadway because a) Brittany Spriggle was incapable of operating the 2002 Ford Focus in a safe and lawful manner. WHEREFORE, Plaintiff, Melissa Kent, demands judgment against Defendant Randall Spriggle, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: imot A. o lenb rge , sq. ? ' ? ?O G I' Attorn y I . D. #34343 Date: APIZ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA KENT, Plaintiff V. RANDALL SPRIGGLE and BRITTANY? SPRIGGLE, Defendants IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2010 SU 004327-69 CIVIL ACTION - LAW CERTIFICATE OF SERVICE' And now this j_da of A ril 2011 1 hereb c rtif th t f th , y p , , y y e a a copy o e foregoing Complaint has been served upon the following, via First-Class Mas M John D. Kearney Romando Zirulnik Sherlock & Demille M o -+ 30 South 17th Street, Suite 1730 Philadelphia, PA 19103 SHOLLENBERGER & JANUZZI, LLP By: TYnothy . S enberger, Esq. Attorney ID No.: 34343 49 zv, 40 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com (717) 728-3200 FAX (717) 728-3400 Please reply to Enola Office TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI Writer's Direct E-mail - iessicas(a)sholljanlaw.com (717) 671-6400 ADAM T WOLFE FAX (717) 671-4900 Api 13, 2611 Office of the Prothonotary York County Judicial Center 45 North George Street York, Pennsylvania 17401 Dear Sir or Madam: Enclosed please find an original and one copy of Plaintiffs Complaint. Please file the original and return the time-stamped copy to my attention in the envelope provided. Thank you for your usual kind assistance. If you should have any questions, please contact me. Very Truly yours, Re: Melissa Kent v. Randall Spri_g_gle and Brittany Sprigq/e HARRISBURG OFFICE 4811 JONESTOWN RD SUITE 221 HARRISBURG, PA 17109 (Do not send mail to this address) Ica M"SweddnhWRP, Pa.C.P. legal to Timothy A. Shollenberger /jms Enclosures Cc: John D Kearney, Esquire [w/ enclosure] r+.a c - ?v 0 s?• Q o„ Nd NJ 0 x>. :X -4 > rn +',i 0 1 1 0 ROMANDO ZIRULNIK SHERLOCK & DEMILLE BY: JOHN D. KEARNEY, ESQUIRE IDENTIFICATION NO.: 44207 United Plaza 30 S. 17th Street, Suite 1730 Philadelphia, PA 19103 (215) 640-3115 Attorney for Defendants, Randall Spriggle and Brittany Spriggle MELISSA KENT V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE COURT OF COMMON PLEAS Plaintiff YORK COUNTY NO: 2010-SU-004327-69 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY.' Kindly enter my Appearance on behalf of Defendant, Randall Spriggle and Brittany Spriggle, in the above-captioned matter. ROMANDO ZIRULNIK SHERLOCK & DEMILLE BY: TO THE PROTHONOTARY.- DEMAND FOR JURY TRIAL Defendants, Randall Spriggleand Brittany Spriggle, demand a jury trial consisting of twelve (12) ntRnb rs, in the above-captioned matter. ROMANDO ZIRULNIK SHERLOCK & DEMILLE CO n BY: -., .:.? JO n, KEARNEY, I LA_ ? t- ? o :ry CV 1 ROMAN ZIRULNIK SHEI;LOCKODEMILLE Attorneys at Law Staff Counsel Office of Selective Insurance Company of America Thomas D. Romando AO Mark B. Zirulnik A+ Marswet A. Sherlock *A+ Louis J. DeMille, Jr. A William P. Munyon **A Marc Myers 0 Michael P. O'Rourke A Elizabeth R. Brennan A Brian M. Brodowski A Arthur E. Donnelly III A Stephen G. Sobocinski AO Barbara Nabors AO John J. Duffy 111 0 Colleen M. Crocker AO Gerard P. Hermann A Thomas F. Miller AO 30 South 17`h Street Suite 1730 Philadelphia, PA 19103 Telephone: 215-563-1255 Facsimile: 215-563-1410 Offices also in East Hanover and Marlton and Hamilton New Jersey *Certified by the Supreme Court of New Jersey as a Civil Trial Attorney ** Certified by the Supreme Court of New .Jersey as a Workers' Compensation Attorney A NJ Bar + NY Bar 0 PA Bar £ c:T Bar Christopher M. Campanaro **AO Jodi F. Mindnich A+ Derek A. Ondis A Linda L. Keesey AO Michael R. Small Of Denise L. Werner AO John D. Kearney 0 Patrick M. Coyne A+ Jeanne M. Walsh AO Stewart M. Martinez A Kevin W. Lynch AO Jill B. Flynn A+ Michael A. O'Hara A Joseph E. Kelley A Beth A. Wright A Brian J. Convery A February 25, 2011 York County Prothonotary 45 North George Street York, PA 17401 Re: Kent v. Spriggle York CCP, No. 2010-SU-004327-69 Claim No.: 20793607 Our File No.: P-3785-EPA-022011 Dear Sir/Madam: Enclosed please find an original and one (1) copy of Defendants, Randall Spriggle and Brittany Spriggle's Entry of Appearance and Demand for Jury Trial for filing in connection with the above-referenced matter. Kindly file the original, time-stamp the copy and return same to me in the self-addressed, `stamped envelope provided. Thank you for your courtesy and cooperation in this matter. Very t ly?yours, J D.KEARNEY JDK/tms Enclosures cc: Timothy A. Shollenberger, Esquire (w/encl.) William Martincic, Selective Claims (w/encl.) • ROMANDO ZIRULNIK SHERLOCK & DEMILLE BY: JOHN D. KEARNEY, ESQUIRE IDENTIFICATION NO.: 44207 United Plaza 30 S. 17th Street, Suite 1730 Philadelphia, PA 19103 (215) 640-3115 Attorney for Defendants, Randall Spriggle and Brittany Spriggle • MELISSA KENT V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE TO THE PROTHONOTARY.- COURT OF COMMON PLEAS Plaintiff YORK COUNTY oD Q NO: 2010-SU-004327-69 Defendants PRAECIPE TO FILE COMPLAINT Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. ROMANDO ZIRULNIK SHERLOCK & DEMILLE BY: J a KEARN SQ RULE TO FILE COMPLAINT AND NOW, this Aw day of ??Z- , 2011 a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY ROMAN& ZIRULNIIZ SHERLOCIA DEMILLE Attorneys at Law Thomas D. Romando AO Mark B. Zirulnik A+ Margaret A. Sherlock *A+ Louis J. DeMille, Jr. A William P. Munyon **A Marc Myers 0 Michael P. O'Rourke A Elizabeth R. Brennan A Brian M. Brodowski A Arthur E. Donnelly III A Stephen G. Sobocinski AO Barbara Nabors AO John J. Duffy 111 0 Colleen M. Crocker AO Gerard P. Hermann A Thomas F. Miller AO Staff Counsel Office of Selective Insurance Company of America Christopher M. Campanaro **AO 30 South 17'hStreet Jodi F. Mindnich A+ Derek A. Ondis A Suite 1730 Linda L. Keesey AO Philadelphia, PA 19103 Michael R. Small Of Denise L. Werner AO D. Kearney 0 John Telephone: 215-563-1255 Patrick M. Coyne A+ Facsimile: 215-563-1410 Jeanne M. Walsh AO Stewart M. Martinez A Offices also in East Hanover and Marlton and Kevin W. Lynch AO Hamilton New Jersey Jill B. Flynn A+ Michael A. O'Hara A *Certified by the Supreme Court of New Jersey Joseph E. Kelley A as a Civil Trial Attorney Beth A. Wright A ** Certified by the Supreme Court of New Jersey Brian J. Converv A as a Workers' Compensation Attomey A NJ Bar + NY Bar 0 PA Bar £ CT Bar February 25, 2011 York County Prothonotary 45 North George Street York, PA 17401 Re: Kent v. Spriggle York CCP, No. 2010-SU-004327-69 Claim No. 20793607 Our File No. P-3785-EPA-022011 Dear Sir/Madam: w vj Enclosed please find an original and one (1) copy of Defendants, Randall Spriggle and Brittany Spriggle's Praecipe and Rule to File a Complaint for filing in connection with the above-referenced matter. Kindly file the original, time-stamp the copy and return same to me in the self-addressed, stamped envelope provided. Thank you for your courtesy and cooperation in this matter. Very truly yours, v r jJ0D. KEARNEY JDK/tms Enclosures cc: Timothy A. Shollenberger, Esquire (w/encl.) William Martincic, Selective Claims (w/encl.) SHERIFF'S OFFICE OF YORK COUNTY 8 Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff AOIK%k Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration MELISSA KENT Case Number vs. 2010-SU-4327-69 RANDALL SPRIGGLE (et al.) SHERIFF'S RETURN OF SERVICE 10/07/2010 MAILED BY CERTIFIED MAIL THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) TO PERRY COUNTY FOR DEPUTIZED SERVICE UPON THE WITHIN NAMED DEFENDANT RANDALL SPRIGGLE. 10/07/2010 MAILED BY CERTIFIED MAIL THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) TO PERRY COUNTY FOR DEPUTIZED SERVICE UPON THE WITHIN NAMED DEFENDANT BRITTANY SPRIGGLE. 10/15/2010 THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) SERVED BY THE SHERIFF OF PERRY COUNTY UPON BRITTANY SPRIGGLE, PERSONALLY, AT 402 SUNBURY STREET, MILLERSTOWN, PA 17062. CARL NACE, SHERIFF, RETURN OF SERVICE ATTACHED TO AND MADE PART OF THE WITHIN RECORD. 10/15/2010 THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) SERVED BY THE SHERIFF OF PERRY COUNTY UPON RANDALL SPRIGGLE, PERSONALLY, AT 402 SUNBURY STREET, MILLERSTOWN, PA 17062. CARL NACE, SHERIFF, RETURN OF SERVICE ATTACHED TO AND MADE PART OF THE WITHIN RECORD. SHERIFF COST: $66.95 SO ANSWERS, November 10, 2010 ca c'j CD Q N RICHARD P KEUERLEBER, SHERIFF .. .uurit $?;ae .??ier: i". -d,EF`uo`.i. 1;?„ Melissa Kent IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Randall & Brittany Spriggle No. 2010-SU-4327-69 York Co. SHERIFF'S RETURN And now October 15 , 2010: Served the within name Randall Spriggle the defendant(s) named herin, personally at his place of residence in Millerstown Boro- 402 Sunbury Street, Millerstown Perry County, PA, on October 15, 2010 at by handing to Randall Spriggle, defendant copy(ies) of the within Writ of Summons and made known to him the contents thereof 3:35 o'clock PM 1 true and attested Sworn and subscribed to before me this day of (!?U??'_J a0/D rothonotary JOY S. ZERAKE, NOTARY PUBLIC l!W1kMMMb BORO., PERRY COUNT) AMY 01i65nl EXOMS MARCH 6, 2014 So answers "P. Deputy Sheriff of Perry County Melissa Kent IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Randall & Brittany Spriggle And now October 15 , 2010: Served the within name Brittany Spriggle the defendant(s) named herin, personally at her place of residence in Millerstown Boro- 402 Sunbury Street, Millerstown Perry County, PA, on October 15, 2010 at 3:35 o'clock PM by handing to Brittany Spriggle, defendant 1 true and attested copy(ies) of the within Writ of Summons and made known to her the contents thereof No. 2010-SU-4327-69 York Co. SHERIFF'S RETURN 7N Sworn and subscribed to before me this day of 0201 D So answers ?/G ft r Prothonotary MMO EALTH OF PENNSYLVANIA .NOTARIAL SEAL JOY S. i.C XE, NOTARY PUBLIC V SLOOMFIEW BORO., PERRY COUNTY COMMISSION EXPIRES MARCH 6, 2014 Deputy Sheriff of PerryXoty G? i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA KENT, IN THE COURT OF COMMON PLEAS Plaintiff YORK COUNTY, PENNSYLVANIA V. RANDALL SPRIGGLE and BRITTANY NO. 2010-SU-004327-69 SPRIGGLE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT Spnggle and Brittany Spriggle, in the above-captioned action. To the York County Prothonotary: Please reissue the Writ of Summons against the Defendants, Randall Respectfully submitted, r C) SHOLLENBERGER & JANUZZI, LLP AttornevOor Pl2intiff.,7 By: Ti rr Dated: Sq Aft&Aey I.D. #34343 Adam T. Wolfe, Esquire Attorney I . D. #201057 Zoe '?2 0 /0 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com (717) 728-3200 FAX (717) 728.3400 Please reply to Enola Office TIMOTHY A. SHOLLENBERGER HARRISBURG OFFICE 4811 JONESTOWN RD SUITE 221 HARRISBURG, PA 17109 (Do not send mail to this address) KARL J. JANUZZI Writer's Direct E-mail - csC(D-shollianlaw.com_ (717) 671-6400 ADAM T. WOLFE FAX (717) 671-4900 September Office of the Prothonotary r. York County Judicial Center 45 North George Street York, Pennsylvania 17401 - ' Re: Melissa Kent v Randall Sp6gale and Brittany Spridp Dear Sir or Madam: Enclosed please find the following with regard to the above-referenced matter: 1. Original and three (3) copies of a Praecipe to Reissue Writ of Summons. Please file the original and after issuance, forward two copies on to the Sheriff for service and return one time-stamped copy to me in the envelope provided. 2. Sheriffs instructions. Please forward to Sheriff with copies of the Writ. 3. Check payable to the York County Sheriff in the amount of $150.00. Please forward to Sheriff with above documents. 4. Check payable to the Perry County Sheriff in the arnount of $100.00. Please forward to the Sheriff with above documents. Thank you for your usual kind assistance. If you should have any questions, please contact me. Very truly yours, J Wggal de 1 P , a.C.P . Pmothy A. Shollenberger /jms Enclosures V? G SHE*F'S OFFICE OF YOR K CO NTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, 11 Chief Deputy, Administration MELISSA KENT vs Case Number . RANDALL SPRIGGLE (et al.) 2010-SU-4327-69 SHERIFF'S RETURN OF SERVICE 08/30/2010 MAILED BY CERTIFIED MAIL THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) TO PERRY COUNTY FOR DEPUTIZED SERVICE UPON THE WITHIN NAMED DEFENDANT RANDALL SPRIGGLE. 08/30/2010 MAILED BY CERTIFIED MAIL THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) TO PERRY COUNTY FOR DEPUTIZED SERVICE UPON THE WITHIN NAMED DEFENDANT BRITTANY SPRIGGLE. 09/0112010 THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) SERVED BY THE SHERIFF OF PERRY COUNTY UPON CONNIE GOODLING, WHO ACCEPTED FOR BRITTANY SPRIGGLE, AT 402 SUNBURY STREET, MILLERSTOWN, PA 17062. CARL NACE, SHERIFF, RETURN OF SERVICE ATTACHED TO AND MADE PART OF THE WITHIN RECORD. 09/01/2010 THE REQUESTED SUMMONS IN CIVIL ACTION (SICA) SERVED BY THE SHERIFF OF PERRY COUNTY UPON CONNIE GOODLING, WHO ACCEPTED FOR RANDALL SPRIGGLE, AT 402 SUNBURY STREET, MILLERSTOWN, PA 17062. CARL NACE, SHERIFF, RETURN OF SERVICE ATTACHED TO AND MADE PART OF THE WITHIN RECORD. SHERIFF COST: $51.95 SO ANSWERS, Septeml= 24, 2010 r- f RICHARD P KEUERLEBER, SHERIFF Countyswt_ shen6 ?eeO-;'k >, Melissa Kent Versus Randall Spriggle and THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH IN THE COURT OF COMMON PLEAS OF Brittany Spriggle No. 2010-4327 York County SHERIFF'S RETURN And now September 1 , 2010 : Served the within name Brittany Spriggle the defendant(s) named herin, personally at her place of residence in Millerstown Boro-402 Sunbury St. Millerstown, PA Perry County, PA, on September 1 , 2010 at 10:45 o'clock AM by handing to Connie Goodling, Person in Charge 1 true and attested copy(ies) of the within Writ of Summons and made known to her the contents thereof Sworn and subscribed to before me this day of 6?4 COMMONWEALTH OF PENNSYLVANIA " NMWX SEAL MARGARET F. FLICKJNGER, Noiary Pu* Bloomfield Barn. Perry County M Commission fires Feb-16,2012 So answers 4 e 4 ?r w V TX t r'. DefcK D6&5 Deputy Sheriff of Perry County • • Melissa Kent IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH r- _o _ Versus ° Fr° = c? M r= Randall Spriggle and No. 2010-4327 York County Brittany Spriggle N f,' SHERIFF'S RETURN And now September 1 , 2010: Served the within name Randall Spriggle the defendant(s) named herin, personally at his place of residence in Millerstown Boro-402 Sunbury St. Millerstown, PA Perry County, PA, on September 1 , 2010 at 10:45 o'clock AM by handing to Connie Goodling, Person in Charge copy(ies) of the within Writ of Summons 1 true and attested and made known to her the contents thereof Sworn and subscribed to before me this day ofJ 6e4- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SM. MARGARET F. R JUINGER, Notary ftft Bloomfield Ebro. Perry County CommWon E)pree Feb.16, 2012 So answers der le Deputy Sheriff of Perry County • IN THE COURT OF COMMON PLEAS• Thursday au YORK COUNTY, PENNSYLVANIA 201 gust 19 2010 AM No. O-SU-004327-69 Civil Action - Law JURY TRIAL DEMANDED Melissa Kent Randall Spriggle 407 Shepherd Street 402 Sunbury Street Jonestown, PA 17038 versus Millerstown, PA 17062 Plaintiff and Brittany Spriggle 402 Sunbury Street Millerstown, PA 17062 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF YORK COUNTY: Please issue writ of summons in the above-captioned action. I Defendantsg c-) - ?- ? r-- M 0 cz s %0 a 0 X Writ of Summons shall be issued and forwarded to ( ) Attorney (x) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP Signature of ttorney 2225 Millennium Way Supreme Court I.D. No. 34343 Enola, Pennsylvania 17025 08019-10 (717) 728-3200 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): RANDALL SPRIGGLE and BRITTANY SPRIGGLE YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: Prothonotary/Clerk of Courts - Civil Division by Deputy i C) x ( ) Check here if reverse is issued for additions; information ROMANDO, ZIRULNIK, SOCK & DEMILLE By: John D. Kearney, E ]We IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorney for Defendants, Randall Spriggle and Brittany Spriggle • MELISSA KENT Plaintiff, V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE Defendants. COURT OF COMMON PLEAS YORK COUNTY NO: 2010-SU-004327-69 PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for that of counsel with regard to Defendants'), Randall Spriggle and Brittany Spriggle Answer to Plaintiffs Complaint. Respectfully submitted, J D. Kearney, Esquire C Dated: November 29, 2011 p o C% r-n -4 ni --y g c'." y Y VERIFICATION I, Randall Spriggle, hereby state that I am the defendant in the within action and verify that the statements or denials made in the foregoing Answer with New Matter, are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Randall Spriggle Dated: P-3785 Romando Zirulnik Sherlock & DeMille NOV 2 3 2011 Mount Laurel Staff Counsel VERIFICATION I, Brittany Spriggle, hereby state that I am the defendant in the within action and verify that the statements or denials made in the foregoing Answer with New Matter, are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 'k, _ ?hlllrl I ??M Bri tang Spr' le Dated: l P-3785 ROMAN43 ZIRULNIK SHERLOCR DEMILLE Attorneys at Law Staff Counsel Office of Selective Insurance Company of America Thomas D. Romando AO Mark B. Zirulnik A+ Margaret A. Sherlock *A+ Louis J. DeMille, Jr. A William P. Munyon **A Marc Myers 0 Michael P. O'Rourke A Elizabeth R. Brennan A Brian M. Brodowski A Arthur E. Donnelly III A Stephen G.Sobocinski AO Barbara Nabors AO John J. Duffy 111 0 Colleen M. Crocker AO Gerard P. Hermann A Thomas F. Miller AO Christopher M. Campanaro **AO Jodi F. Mindnich A+ 309 Fellowship Road Derek A. Ondis A Linda L. Keesey AO Suite 330 Michael R. Small Of Mt. Laurel, NJ 08054 Denise L. Werner AO John D. Kearney 0 Patrick M. Coyne A+ Telephone: 856-778-3220 Stewart M. Martinez A Facsimile: 856-778-3222 Kevin W. Lynch AO Jill B. Flynn A+ Offices also in East Hanover and Michael A. O'Hara A Hamilton New Jersey Joseph E. Kelley A Beth A. Wright A *Certified by the Supreme Court of New Jersey Brian J. Convery A as a Civil Trial Attorney F. Lawrence Magro, Jr. *A ** Certified by the Supreme Court of New Jersey Shoshana C. Hyman as a Workers' Compensation Attorney A NJ Bar + NY Bar 0 PA Bar £ CT Bar November 29, 2011 York County Prothonotary 45 North George Street York,PA 17401 Re: Kent v. Spriggle York CCP, No. 2010-SU-004327-69 Claim No. 20793607 Our File No. P-3785-EPA-022011 Dear Sir/Madam: rV c c? O M -t Enclosed please find an original and one (1) copy of Defendants' Praecipe for Substitution of Verification. Please file the original with the court and return a time stamped copy. Very truly yours, JDK/ik Encl. '?. ;? Ise J D. Kearney cc: Timothy A. Shollenberger, Esquire (w/encl.) • SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA KENT, Plaintiff V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE, Defendants • IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2010 SU 004327-69 CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now, this / ,? day of November, 2011, 1 hereby certify that a copy of the -0 V0 foregoing Interrogatories have been served upon the following, via U.S. Certif,4W Restricted Delivery Mail: ?i r1 0 John D. Kearney, Esquire , Romando Zirulnik Sherlock & Demille? =a 30 South 17th Street, Suite 1730 Philadelphia, PA 19103 SHOLLENBERGER & JANUZZI, LLP By 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 • SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA KENT, Plaintiff • IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA V. RANDALL SPRIGGLE and BRITTANY SPRIGGLE, Defendants NO. 2010 SU 004327-69 CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now, this ? % day of November, 2011, 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served uporj-='Z'i the following, via U.S. Certified Restricted Delivery Mail: sa Fri 0 -4 ca John D. Kearney, Esquire'' Romando Zirulnik Sherlock & Demille -O rl 30 South 17th Street, Suite 1730 Philadelphia, PA 19103 ?7 SHOLLENBERGER & JANUZZI, LLP 0 z go SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com (717) 728-3200 FAX (717) 728-3400 Please reply to Enola Office TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI Writer's Direct E-mail - dwinn -shollmanlaw.com ADAM T. WOLFE HARRISBURG OFFICE 4811 JONESTOWN RD SUITE 221 HARRISBURG, PA 17109 (Do not send mail to this address) (717) 671-6400 FAX (717) 671-4900 Novel , bei 30, 2011 Office of the Prothonotary York County Judicial Center 45 North George Street York, Pennsylvania 17401 Re: Melissa Kent v Randall Spriagle and Brittany Spri_agle Docket No.: 2010-SU-004327-69 Dear Sir or Madam: Enclosed please find an original and one copy of two Certificates of Service for the discovery in the above-referenced matter.. Please file the originals and forward the time- stamped copies to my attention in the self-addressed, stamped envelope provided herein. Thank you for your usual kind assistance. Should you have any questions, please do not hesitate to contact me. Very truly yours, - >>- l -c h n Danielle Winn, Legal Assistant to 03 1 s Timothy A. Shollenberger X /dw.Y Enclosures G:\TIM CASE FILES- OPEN\Kent, Melissa\Correspondence\113011 LT proth encl COS disc [dw].doc