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HomeMy WebLinkAbout12-2293 i r,J i. ANGINO & ROVNER, P.C. Micha,ol E. Kosik, Esquire Attorney 1D# : 36513 4503 North Front Street Harrisburg, PA 17110-1 708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) F-mail: mkosikCii,)angino-rovner.com DANIELLE M. ZACH IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW?y _ NO. ?a - a on t? ?v -/ /?rrvl ZACHARY B HAIR, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (JET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 103.'75 Pp p (717) 249-3166 87320 0,,z?37,2 495559 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende,, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 495559 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney 1D4 : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik angino-rovner.com DANIELLE M. ZACH Plaintiff, V. ZACHARY B. HAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Danielle M. Zach is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 63 Vine Street, Newville, Cumberland County, Pennsylvania 17241. Defendant Zachary B. Hair is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 1325 Walnut Bottom Road Shippensburg, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter related took place on May 28, 2010, on State Highway 74 in South Middleton Township, Cumberland County, Pennsylvania. 495559 4. At that time and place, Plaintiff Danielle M. Zach was operating a 2001 Neon which was stopped for a car that was making a left turn because a bus was coming in the opposite direction of State Highway 74 5. At that time and place, Defendant Zachary B. Hair was operating a 2005 Echo directly behind Plaintiff's vehicle. 6. At that time and place, Defendant Zachary B. Hair operated his vehicle without paying attention to traffic and, suddenly and without warning, violently slammed into the rear of the Plaintiff's stopped vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Danielle M. Zach are the direct and proximate result of the negligent, careless and reckless manner in which Defendant Zachary B. Hair operated his vehicle as follows: (a) failing to remain attentive while operating a motor vehicle and becoming distracted by using a cell phone while driving; (b) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (c) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (d) driving while extremely fatigued; (e) failure to travel at a safe speed; (f) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiff s car: (g) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (h) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights 495559 and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8. Plaintiff Danielle M. Zach sustained painful and severe injuries which include but are not limited to severe neck and low back pain, bilateral arm numbness, and right brachial plexopathy resulting in serious impairment of her bodily functions which has continued to the present time and is expected to be permanent. 9. By reason of the aforesaid injuries, Plaintiff Danielle M. Zach was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 10. Because of the nature of her injuries, Plaintiff Danielle M. Zach has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Danielle M. Zach has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 12. Plaintiff Danielle M. Zach continues to be plagued by persistent pain and limitations and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime and claim is made therefor. 13. As a result of the aforesaid injuries, Plaintiff Danielle M. Zach has sustained uncompensated work loss, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff' Danielle M. Zach may sustain work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 495559 WHEREFORE, Plaintiff Danielle M. Zach demands judgment against Defendant Zachary B. Hair in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. AN7 ER, P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: A20tZ 495559 VERIFICATION I, DANIELLE M. ZACH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subiect to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. W WE M 1,1006 U a?PLLE M. ZACH Dated:_1?J-a"; ( s- Z.UI ? 203648 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???t„t0.tr` a{' ?uttrtrFrF??r} FILED-OFF ICS *IC' THEE PROTHONOTARY 2012 APR 25 AM 9:04 CUMBERLAND COUNTY PENNSYLVANIA Danielle Zach vs. Zachary B. Hair Case Number 2012-2293 SHERIFF'S RETURN OF SERVICE 04/16/2012 02:25 PM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on April 16, 2012 a 1425 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Zachary B. Hair, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. JASONY*TRA?L, DEPUTY SHERIFF COST: $48.45 April 19, 2012 RON R ANDERSON, SHERIFF C CeuFi^,S,Ao Sheenff. [keosoft !t 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M. ZACH, PLAINTIFF VS. ZACHARY B. HAIR, DEFENDANT i-1 ??I r'? t ] y YF.3 '9 , 'y/ t C.,. 1 3. I r't ,E Sri 'C) C0C?T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2293 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Zachary B. Hair. Date: April 25, 2012 Respectfully submitted, LAW OFFICE ZSNYDER & DORER in I squire Attorn o Defendan Court I.D. o. 55453 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M. ZACH, PLAINTIFF VS. ZACHARY B. HAIR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2293 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Date: April 25, 2012 Michael E. Kosik, Esquire Angino & Rower, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M. ZACH, PLAINTIFF VS. ZACHARY B. HAIR, DEFENDANT PENtil- S Y?'Nrw; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2293 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Zachary B. Hair, by his attorney, JoAnne E. Kinzel, and sets forth the following Answer to the Plaintiff's Complaint: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1 of the Complaint. Therefore, they are denied and strict proof is demanded. 2. Denied. On the Contrary, Defendant resides at 203 Sable Rd., Carlisle, Pa. 3. The allegations in paragraph 3 of the Complaint are admitted to the extent that an occurrence took place on May 28, 2010 on State Highway 74 in South Middleton Township, Cumberland County, Pennsylvania. The remaining allegations in paragraph 3 of the Complaint are denied generally pursuant to Pa. R.C.P. §1029(e). 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 4 of the Complaint. Therefore, they are denied and strict proof is demanded. 5. Admitted. 6. The allegations in paragraph 6 of the Complaint are specifically and generally denied. 7. The allegations of negligence, carelessness and recklessness in paragraph 7 of the Complaint, including subparagraphs 7(a) through 7(h), are conclusions of law to which no response is required. By way of further answer, they are denied generally pursuant to Pa.R.C.P. 1029(e). 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 8 of the Complaint. Therefore, they are denied and strict proof is demanded. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 9 of the Complaint. Therefore, they are denied and strict proof is demanded. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 10 of the Complaint. Therefore, they are denied and strict proof is demanded. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 11 of the Complaint. Therefore, they are denied and strict proof is demanded. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 12 of the Complaint. Therefore, they are denied and strict proof is demanded. 13. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 13 of the Complaint. Therefore, they are denied and strict proof is demanded. 14. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 14 of the Complaint. Therefore, they are denied and strict proof is demanded. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in the Defendant's behalf sustained. NEW MATTER 15. The Plaintiff's claims are circumscribed and controlled by the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701, et seq. 16. To the extent it is proven at trial that Plaintiff is subject to the Limited Tort option under the applicable auto insurance policy, she is not entitled to recover for alleged non-economic damages. 17. To the extent it is proven at trial that Plaintiff's alleged injuries were the result of a pre-existing condition or conditions, Plaintiff is not entitled to recover for same. 18. To the extent it is proven at trial that Plaintiff's alleged injuries were the result of a subsequent accident or conditions, Plaintiff is not entitled to recover for same. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in the Defendant's behalf sustained. Respectfully submitted, FICE,Q&SNYDER & DORER Date: June 1, 2012 JoAn inzel, Attor ey f r Defendant Cou I.D No. 55453 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M. ZACH, PLAINTIFF Vs. ZACHARY B. HAIR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2293 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Zachary B. Hair verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: -6 • `' k2- ch ry B. it 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M. ZACH, PLAINTIFF vs. ZACHARY B. HAIR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2293 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Date: June 1, 2012 A ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney 1134 : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosikly?.angino-rovner.com DANIELLE M. ZACH, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW NO. 12-2293 ZACHARY B. HAIR, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes Plaintiff Danielle M. Zach, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant Zachary B. Hair as follows: 15. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff Danielle M. Zach's claim is circumscribed or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa.C.S.A. § 1701 et. sue. 16. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is admitted that Plaintiff Danielle Zach was covered by a limited tort policy at the time of the motor vehicle accident. However, Plaintiff Danielle Zach maintains that she suffered serious and permanent 500884 injuries which have continued to limit her ability to work and enjoy life and have limited numerous body functions, and therefore, Plaintiff Danielle Zach is entitled to recover both economic and non- economic losses. 17. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff Danielle Zach's injuries were the result of a pre-existing condition and that she is not entitled to recover. To the contrary, Plaintiff Danielle Zach maintains that all of her injuries and damages as set forth in her Complaint are a direct and proximal result of injuries sustained in the motor vehicle accident. 18. Denied. This averment is a conclusory statement unsupported by any factual allegations, and therefore, no further answer is required. To the extent that a further response may be deemed proper, it is specifically denied that Danielle Zach was involved in any subsequent accident or suffered any subsequent injuries which impacted upon her right to recover. WHEREFORE, Plaintiff Danielle Zach respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff Danielle Zach and against Defendant Zachary B. Hair. ANGINO & ROVNER, P.C. -Michael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff 500884 VERIFICATION I, DANIELLE M. ZACH, do swear and affirm that the facts set forth in PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. z WI ES ull bANfftLE M. ZACH Dated: 203648 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: JoAnne E. Kinzel Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 ID No: 39126 (717) 731-0988 Attorney for Defendant r Michelle M. Milojevich Dated: 500884 12-007149 RO T I-IO�1'0 j r� LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 2013 J i'.l 'l4 AV 11: 23 Camp Hill, PA 17011 G'E.MQERLAND COUNTY Telephone Number: (717) 731-0988 PENNSYLVANIA Attorneys for Defendant, Zachary B. Hair DANIELLE M.ZACH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 12-2293 ZACHARY B. HAIR, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Zachary B. Hair, in the above-captioned matter. Respectfully submitted, LA ;Hi CE DER & DORER Date: May 31, 2013 By: JoAnn i ze , uire . 214 Se enue, Suite 600 Camp A 17011 Telephone No. (717) 731-0988 Attorney for Defendant Court I.D. No. 55453 t , ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Zachary B. Hair, in the above-captioned matter. r Date: May 31, 2013 o1 Donald R. Dorer, Esquir Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Court I.D. 39126 Attorney for Defendant J 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M.ZACH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 12-2293 ZACHARY B. HAIR, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Praecipe for Withdrawal of Appearance/Entry of Appearance to be served by regular first class mail upon: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Date: May 31, 2013 JoA n K el Ire Attorne f D fendant i, 1 iiF i'F�DTON0 Tai ,. 21113 JUt1 13 PH Z: CUMBERLAND COUtAT Y4 PENNSYLVAWA d ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com DANIELLE M. ZACH IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW NO. 12-2293 ZACHARY B. HAIR, Defendant JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR A STATUS CONFERENCE AND NOW, comes Plaintiff Danielle M. Zach, by and through her counsel, Angino & Rovner, P.C., and respectfully request Your Honorable Court to schedule a Status Conference in the above-captioned action for the following reasons: 1. Plaintiff Danielle M. Zach is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 63 Vine Street,Newville, Cumberland County,Pennsylvania 17241. 524033 2. Defendant Zachary B. Hair is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 1325 Walnut Bottom Road Shippensburg, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter related took place on May 28, 2010, on State Highway 74 in South Middleton Township, Cumberland County, Pennsylvania. 4. Plaintiff Danielle M. Zach was operating a 2001 Neon which was stopped for a car that was making a left turn because a bus was coming in the opposite direction of State Highway 74. 5. Defendant Zachary B. Hair was operating a 2005 Echo directly behind Plaintiffs vehicle. 6. , Defendant Zachary B. Hair operated his vehicle without paying attention to traffic and, suddenly and without warning, violently slammed into the rear of the Plaintiffs stopped vehicle. 7. As a direct and proximate result of the aforementioned incident, Plaintiff Danielle M. Zach sustained painful and severe injuries, which include but are not limited to severe neck and low back pain, bilateral arm numbness, and right brachial plexopathy resulting in serious impairment of her bodily functions which has continued to the present time and is expected to be permanent. 8. The instant action was commenced by the filing of a Complaint on April 11, 2012 and served on Defendant. 9. Written discovery and depositions have taken place. 10. Counsel for Plaintiff Danielle Zach has requested counsel for Defendant Hair what additional discovery is requested. 524033 11. Counsel for Defendant Hair has indicated a desire to request Plaintiff's prior employment records, update medical records and disability records, the opportunity to depose Barry George, Plaintiff's husband, and to schedule a defense medical exam. 12. Plaintiff believes that these additional discovery items can be completed relatively promptly and that strict deadlines can be set by the Court. 13. Plaintiff believes it is in all parties' interests to have the Court set a deadline for the completion of Discovery,pursuing settlement discussions, and to obtain a trial date. 14. Plaintiff is represented by Michael E. Kosik, Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 15. Defendant is represented by Donald Dorer, Esquire, Law Office of Snyder & Doter, 214 Senate Avenue, Suite 600, Camp Hill,PA 17011. 16. Concurrence of counsel for Defendant Zachary B. Hair was sought in filing this Motion, and Defendant's counsel via Email on April 29, 2013. 17. No other Judge has ruled upon any other issue in the same or related matter on this case. WHEREFORE, Plaintiff Danielle M. Zach respectfully requests this Honorable Court to enter an Order scheduling a status conference to schedule Discovery deadlines, pursuing settlement discussions, and to obtain a trial date. A V R, P.C. Michael E. Kosik I.D.No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff(s) 524033 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S MOTION FOR A STATUS CONFERENCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald Dorer, Esquire Law Office of Snyder&Dorer 214 Senate Avenue, Suite 600 Camp Hill,PA 17011 Michelle M. Milojevich Dated: G�W�-� 524033 tai i i 0 P 0—!rpo t''4 0 �'/�,f�':" 2013 JUN 19 PM Z: 00 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg.PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com DANIELLE M. ZACH IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW NO. 12-2293 ZACHARY B. HAIR, Defendant JURY TRIAL DEMANDED ADDENDUM TO PLAINTIFF'S MOTION FOR A STATUS CONFERENCE Paragraph 16 of Plaintiff's Motion for a Status Conference should read as follows: 16. Concurrence of counsel for Defendant Zachary B. Hair was sought in filing this Motion,and Defendant's counsel concurred via Email on April 29, 2013. 0 G OV R, P.C. lc ael E. osik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff 528225 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of ADDENDUM TO PLAINTIFF'S MOTION FOR A STATUS CONFERENCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald Dorer, Esquire Law Office of Snyder& Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Michelle M. Milojevich Dated: 6/18/13 528225 DANIELLE M. ZACH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW ZACHARY B. HAIR, Defendant NO. 12-2293 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR A STATUS CONFERENCE ORDER OF COURT AND NOW, this 20`" day of June, 2013, upon consideration of Plaintiff's Motion for a Status Conference and the Addendum thereto, a hearing is scheduled for Monday, July 29, 2013, at 11:00 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee . Peck, J. CZ,, ichael E. Kosik, Esq. rnm C- 4503 North Front Street rnm C .-V Harrisburg, PA 17110 ° Atto y for Plaintiff �' r�-x r, Donald Dorer,Esq. ; Law Office of Snyder & Dorer 214 Senate Avenue ' Suite 600 Camp Hill, PA 17011 Attorney for Defendant :rc ���J�3 DANIELLE M. ZACH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ZACHARY B. HAIR, Defendant 12-2293 CIVIL TERM IN RE: PLAINTIFF' S MOTION FOR A STATUS CONFERENCE ORDER OF COURT AND NOW, this 29th day of July, 2013, this being the time and place set for a status conference, and pursuant to an agreement between the parties, it is ordered that all discovery matters in this case shall be completed no later than 60 days after the date of this order. Should the parties need further trial deadlines set up, then either party may relist this for another status conference. By the Court, Christ ee L. Peck, J. /Michael E. Kosik, Esquire For the Plaintiff /Donald Dorer, Esquire 64e For the Defendant *4 , pcb Christ/ e rn Co C— C-5 CD :z: C-n "I LED-0F F 1C 12-007149 OF THE PROTHONOTARY 2013 SEP -5 PM 1: 01 CU11BERLAND COUNTY PENNSYLVANIA DANIELLE M. ZACH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 12-2293 ZACHARY B. HAIR, CIVIL ACTION -LAW DEFENDANT JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Respectfully submitted, Date: A _ Z 9 Z O 1 Michael E. Kosik, Esquire Angino & Rower, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Telephone No. (717) 238-6791 Attorney for Plaintiff Court I.D. 36513 12-007149 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Zachary B. Hair DANIELLE M. ZACH, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 12-2293 ZACHARY B. HAIR, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Date: September 4, 2013 (a- b6ni'ald R. Dorer, Esquire Attorney for Defendant