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Home My WebLink About12-3456r i a . ff^, ,` 1# ?1? s 1 ..... A.. 1 ??1''.J ..1 W. Scott Henning Ij I -L' 31 , Ltl_tD i?uiJ Attorney ID# 32298 'V1 HANDLER, HENNING & ROSENBERG, r LL ' 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ) oC- rJLls( Ct. u ( Civil Action (XX) Law ( ) Equity Donna L. Hotham 138 Sable Dr. Carlisle, PA 17013 : April L. Ford : 3631 N. Second St. Harrisburg, PA 17110 versus : Timothy G. Christ : 668 Mohn Street Steelton, PA 17113 Susan J. Krawchuk 1116 Grandia Flora Drive Mechanicsburg, PA 17055 Cathy A. Leppo 1426 Bradley Drive Apt. 313 Carlisle, PA 17013 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to )Attorr}ey,(XX))Sheriff W. Scott HIgnnina (( ll L Handier, Henning & Rosenberg, LLP 1300 Linglpstown Road, Suite 2 Harrisburg, PA 17110 Signature of Aft rn y (717) 238-2000 Supreme Cou I o. 3229 Name/Address/Telephone No. of Attorney Date: May 29, 2012 ??\ ?51'a a'?`1 Cka aaa?? -144 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ;?Zo Y? Prothonotary Date: Q-by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 SHERIFF'S OFFICE OF CUMBERLAND COUNTY - Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Donna L. Hotham vs. April L. Ford (et al.) ?a?tiatr of ?att?brrt;??r?, OFFICE OF ",E c ,ER.?P x_ t `I. i ` _ F,=, YLVA NIA Case Number 2012-3456 SHERIFF'S RETURN OF SERVICE 06/04/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: April L. Ford, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 06/04/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Timothy G. Christ, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 06/07/2012 09:13 AM - Dauphin County Return: And now June 7, 2012 at 0913 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: April L. Ford by making known unto herself personally, at 3631 N. Second Street, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/08/2012 Dauphin County Return: And now, June 8, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania do hereby certify and return, that I made diligent search and inquiry for Timothy G. Christ the defendant named in the within Writ of Summons and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 668 Mohn Street, Steelton, Pennsylvania 17113 the Defendant was not found. 06/11/2012 08:44 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 2044 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Susan J. Krawchuk, by making known unto herself personally, at 1116 Grandia Flora Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. UTSH L,DEPUTY 06/15/2012 06:14 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 15, 2012 at 1814 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Cathy A. Leppo, by making known unto herself personally, at 1426 Bradley Drive, Apartment 313, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. GUT ?-)EPUTY SHERIFF COST: $117.00 June 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;C; COwtfySUlte Sheriff. TeleOSO`t Inc. (Attio of th'e'*hvbrffy William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DONNA L. HOTHAM VS APRIL L. FORD Sheriff s Return No. 2012-T-1631 OTHER COUNTY NO. 2012-3456 And now: JUNE 7, 2012 at 9:13:00 PM served the within WRIT OF SUMMONS upon APRIL L. FORD by personally handing to APRIL L. FORD 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 3631 N. SECOND STREET HARRISBURG PA 17110 Sworn and subscribed to before me this 8TH day of June, 2012 -)P*,Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires Au ust 17, 2014 So Annsswers,! Sheriff of By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $73.5 6/6/2012 DONNA L. HOTHAM, Plaintiff V. APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWSHUCK and CATHY A. LEPPO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-3456 PRAECIPE TO REISSUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY:: xM c :Z:0 r- ,.,r- I Cn <Q v .. Please reissue the Writ of Summons against Defendants, April Ford, timothy G. Christ, Susan J. Krawshuck and Cathy A. Leppo and deputized service of same to be made by Sheriff of Lebanon County. Respectfully submitted, DATED: HANDLER, HENNING & ROSENBERG, LLP lam' .. By: ,r W. Scott Hennin , Es uire Supreme Court I.D. # 3229 1300 Linglestown Road Harrisburg, PA 17110 Henning(@hhrlaw.com (717) 238-2000 Attorney for Plaintiff CS) aw ill -? Y-w r-- M c? h rr: A? 7 a? . a MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford - cz: : -r7 3 c M-7° cn f'7 3 - tT- DONNA L. HOTHAM Plaintiff vs. APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK and CATHY A. LEPPO Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA' No. 12-3456 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, April L. Ford, the above captioned case. MARSHALL DENNEHEY WARNER COLEMA OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant April Ford ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: July 6, 2012 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM Plaintiff vs. APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK and CATHY A. LEPPO Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-3456 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & do hereby certify that on July 6, 2012, I served a copy of Defendant April Ford's Entry of Appearance via First Class United States mail, postage prepaid as follows: W. Scott Henning, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Timothy G. Christ 668 Mohn Street Steelton, PA 17113 Defendant Susan J. Krawchuk 1116 Grandia Flora Drive Mechanicsburg, PA 17055 Defendant Cathy A. Leppo 1426 Bradley Drive, Apt. 313 Carlisle, PA 17013 Defendant Christopher M. Reeser Off icE `U r 2012 jut 12 PM 1: 50 CUMSERLS ?V?,NI TY lENN ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONNA L. HOTHAM, Plaintiff NO. 12-3456 Civil V. APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of Defendant Cathy A. Leppo only in the captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: 01 BY: - / ....,. Attorney for VjOndant Leppo I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the forego Praecipe for Entry of Appearance upon the person set forth below and in the manner i First class mail, postage pre-paid: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Timothy J. Christ 668 Mohn Street Steelton, PA 17113 DATE: -7l D ya BY: April L. Ford 3631 North Second Street Harrisburg, PA 17110 Susan J. Krawchuk 1116 Grandia Flora Drive Mechanicsburg, PA 17055 EAGER, STENGEL, QUINN & SOFILKA George H!Eag Attorney for D I.D. No. 277 1347 Fruitvi e Lancaster, PA (717) 290-797- 90-797' er uire e r f6pdant Leppo Pike 17601 R '*% ORIGINAL ??LEp•OFFICE T PRpTHONOTARP 2012 JUL 13 AM 11: 38 CUMBERLAND COUNTY pENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONNA L. HOTHAM, Plaintiff V. APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants PRAECIPE FOR RULE TO FILE COMPLAINT N C= N c r- w -v W co TO: David D. Buell, Prothonotary, Cumberland County Courthouse, One Courthouse Squ Carlisle, PA 17013-3387 NO. 12-3456 Civil JURY TRIAL DEMANDED c -p 3C rte; w z :v r? <CD n Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned m within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George H. Eage , squire Attorney for D ,ofefidant Leppo I.D. No. 277 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this 13 day of K I , 20_ a Rule has been entered upon the Plaintiff as above directed. Prothonotary X?'fC$ ?r o -? r? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Timothy J. Christ 668 Mohn Street Steelton, PA 17113 DATE: / ;3- BY: April L. Ford 3631 North Second Street Harrisburg, PA 17110 Susan J. Krawchuk 1116 Grandia Flora Drive Mechanicsburg, PA 17055 EAGER, STENGEL, QUINN & SOFILKA 1347 Fruitvill Pike Lancaster, PA 17601 (717) 290-7971 George H. Eager quire Attorney for D qf?Kdant Leppo I.D. No. 277 ti Owens Barcavage & McInroy, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) FFIC; ?jF I H' PROTHONOT,AW!' 11 JUL 16 Ate 11: 41 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONNA L. HOTHAM, Plaintiff V. APRIL L. FORD, ; Defendant NO.: 12-3456 CIVIL ACTION - LAW TIMOTHY G. CHRIST, Defendant SUSAN J. KRAWCHUK, Defendant CATHY A. LEPPO, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Dear Prothonotary: Kindly enter the appearance of Owens Barcavage & McInroy, LLC and Bart W. Holmes, Esquire, on behalf of Defendant Susan Krawchuk. Owens arcavage & McInroy, LLC Date: 7/13/2012 &Bart mes, PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504(fax) CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify under penalty of unworn. falsification to governing. authorities, that I have served a true and correct copy of the foregoing, by United States Mail, pre-paid, as follows: Handler, Henning & Rosenberg, LLP Attn: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Christopher Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Timothy G. Christ 668 Mohn Street Steelton, PA 17113 Cathy A. Leppo 1426 Bradley Drive Apt. 313 Carlisle, PA 17013 Date: 7/13/2012 Bart W. H:ol es, squire Owens Barcavage & McInroy, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) Attorneys for Susan J. Krawchuk F LED-Offla, 141- 2011 JUL 16 AM 11: 41 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONNA L. HOTHAM, Plaintiff NO.: 12-3456 V. CIVIL ACTION - LAW APRIL L. FORD, Defendant TIMOTHY G. CHRIST, JURY TRIAL DEMANDED Defendant SUSAN J. KRAWCHUK, Defendant CATHY A. LEPPO, Defendant PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon Donna L. Hotham, Plaintiff, to file a Complaint within (20) days from the date of service of this Rule or suffer Judgment of non-pros. Date: 7/13/2012 OWENS BARCAVAGE & McINROY, LLC Bart W. Holmes, Esquire PA I.D. No. 85071 2595 Interstate Drive Harrisburg, PA 17110 (717) 909-2500 Attorney for Defendant Susan J. Krawchuk NOW, 2012, RULE ISSUED AS ABOVE. By: Deputy (remainder of page intentionally left blank) A CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, by United States Mail, pre-paid, as follows: Handler, Henning & Rosenberg, LLP Attn: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Christopher Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Timothy G. Christ 668 Mohn Street Steelton, PA 17113 Cathy A. Leppo 1426 Bradley Drive Apt. 313 Carlisle, PA 17013 Date: 7/13/2012 Bart W,. Holmes, squire - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE Sheriff -OF THE PROTHONOTARY Jody S ?0?,,tr at Gum6r?fi# Chief D pmts 2012 JUL 30 Aft 9= 04 Richard W Stewart ? OUMBERLANOkOUNTY solicitor OFFICE OF THE SHERIFF pENNSYLY NIA Donna L. Hotham vs C Dumber . April L. Ford (et al.) 012-3456 SHERIFF'S RETURN OF SERVICE 07/06/2012 Ronny R. Anderson, Sheriff who being duly sworn according to taw states that he made a diligent search and inquiry for the within named defendant, to wit: Timothy G. Christ, but was unable to I him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the, within Writ f Summons according to law. 07/12/2012 08:48 AM - Lebanon County Return: And now July 12, 2012 at 0848 hours 1, Michael J. PeLeR , Sheriff of Lebanon County, Pennsylvania, do hereby certify and return that i served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Timothy G. Guist by making known ? - Cherye Christ, Wife of Defendant at 5 Clark Road, Annville, Pennsylvania 17033 its contents and !st the same t me handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 23, 2012 SO ANSWERS, 6? 4 (c) CountySulte Shenfl. Teleosoft. Inc. WRIT OF SUMMONS No. 12-3456 Donna L. Hotham VS. Handier, Henning & Rosenberg, LLP W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Timothy Christ STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: General File No. 12-02274 Kirk Julian, Deputy Sheriff, being duly sworn according to law, deposes and says that he set the within WRIT OF SUMMONS upon TIMOTHY CHRIST the within named D FENDA by handing a true and attested copy thereof, personally to CHERYE CHRIST, she being Wife and Person in Charge at time of service on July 12, 2012 at 8:48 A.M at 5i, Clark Ri Annville (North Londonderry Township), Lebanon County, Pennsylvania, and by making kni to her the contents of the same. Swo to and sub ' sc d before me This 1 day of Jul 12 i otary Public ANAL SEAL Lynette J. IdW Notary PubUt Lebanon C1% L468a o Conety my con, ;.,issWe ijores May 10, 2016 SO ANSWER By AuthorizW& Of: C ` Is SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 07/10/12 Costs Incurred: Amount of Refund: Check No. 22679 Amount $ Amount $? Check No Amount $ 77 7 All Sheriffs Costs shall be due and payable when services are performed, and it shall lawful for him to demand and receive from the party instituting the proceedings, or any pa liable for the costs thereof, all unpaid sheriff s fees on the same before he shall be obligated law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 THE PROTHONOTA ' 2012 MAY 31 FM 2: 09 W. Sew 1 IN"* I1main CUMBERLAND COUNTY HAIR, HWNMG& ROMBERG, LLP PENNSYLVANIA 1n9 L w4k6wM !le" H?lrriaiM09i?p?, ?i t7?118 T cone: (717) 238-2M Fax : (717) 233-829 Attonwy fer IN THE COURT OF COON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.? Civil Action (XX) Law ( ) Equity [WW:L. Hodumn 13 *411a, Dr. CarNale, PA I M 3 April L. Ford 3631 N. Second St. Harrisburg, PA 17110 versus Plain! s) & Addnmw(es) TO THE PROTHONOTARY OF SAID COURT: : Tlmathy G. Christ : 666 Mohn Street Steelton, PA 17113 Susan J. Krawchuk 1116 Grandia Flora Drive Mechanicsburg, PA 17066 Cathy A. Leppo 1426 Brafty Drive Apt. 313 Carlisle, PA 17013 Defendant(s) & Address(es) Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAWHAVE COMMENCED AN ACTION AGAINST YOU. Date: S 2?-l ( a ( ) Check here if reverse is used for additional information PROTHON. - 55 TRUE COPY FROM RECORD In Testimony whereof, I here ! unto set my h and the al of said C e# Carlisle Pa This IRI day of 20 Prothono ?, a ? T_ i F? i; - FRQQfO OTAk'r . Arsr PM 2: to i.purvolp Memo 'C rorrnUMBERLAND COUNTY. PE"S YLVANiA PA 17119 T (717) 20-2W Attorney for R?ec?: (747) 233x030 t*?h. ?risw.oo?n IN THE COURT OF QQMWW PI.gAS Cuum o COUNTY, PMmMVA"IA No. '- 5 C ail G CiN A l ( ) um ( ) Equiby E34ano L Modom Apo L. Ford 1312 E WM tk. MI N: bond St. CoMisle, :PA 17013 iiesrisiren+p, PA 17110 versus Tkvw" G. Christ ' ilSa Mafia ?h+sst Slaslton, PA 17113 Suam"J. Krawchuk 1118 Ono"" rim or#". Maal iosbu?, PA 17055 CaMy A. Lsppo 1431 BnWlsy drive Apt 313 CW#9b, PA 17013 Adilkes(se) '? t3.iiar a TOTHE: PROTHONOTARY OF SAID,000RT: PWw issue A MR of Sumnons In the &W"O Rion" action: X Writ of SumwM&SW be issued and forwarded to ( )Iawney (XX)Sherif Suprwm No. 7N IAddmsWTeWphone No. of Attmey Date: May 29 2012 is I i ; ]NT OF Rumor N8 TO THE ABOVE NAMED DEFENDANT(S): YOU'•A RE NOTIFIED THAT THE /E-NAMEMPLAINTIFF(S).HASMAVE COMMENCED AN AiCT N AGAINST Y.OU• by, ( ) ;Ch6+dc If faVoM'* and bP adiftlolW *dI rTIi $Of! ??1??1`?'""' /// Pi 1 "att. - 06. T ^ ff' In T 0 and hand w ` This Ile. a , N i r f o,- " l PIRWHQNOTAR t1,912 AUG 21 AM 11: 30 'U MOERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNAL. HOTHAM, CIVIL DIVISION Plaintiff, NO. 12-3456 V. PRAECIPE FOR APPEARANCE APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. (Jury Trial Demanded) LEPPO, Defendants. Filed on Behalf of the Defendant, Timothy G. Christ Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA' L. HOTHAM, CIVIL DIVISION Plaintiff, V. NO. 12-3456 APRIL FORD, TIMOTHY G. CHRIST, (Jury Trial Demanded) SUSAN 'J. KRAWCHUK, and CATHY A. LEPPO, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Timothy G. Christ, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, P.C. By: nu. rcaucn, Esquire nsel for Defendant, Timothy G. Christ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 20th day of August, 2012. W. Scott Henning, Esquire Handler, Henning & Rosenburg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Defendant, April L. Ford) George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 (Attorney for Defendant, Cathy A. Leppo) Bart W. Holmes, Esquire Owens, Barcavage & Mclnroy, LLC 2595 Interstate Drive Harrisburg, PA 17110 (Attorney for Defendant, Susan Krawchuk) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: /" e ' ch, Esquire ounsel for Defendant, Timothy G. Christ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff v APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants CIVIL ACTION -LAW N O.: 12-3456 NOTICE r Li": F I v' E_~ ~ f ,.U ?~ Fri ~• ~B YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATI ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WI' INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (800) 990-9108 - (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximas veinte (20) dias despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes pars usted. Y r LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMAL A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFRE2CAN SERVICIOS LEGALES SIN CARGO BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: W. Scott Henning (PA 32298) HANDLER HENNnvC & ROSENBERG LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff v. CIVIL ACTION -LAW I NO.: 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants COMPLAINT Plaintiff, Donna L. Hotham ("Ms. Hotham"), by and through her attorneys, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., makes this complaint again Defendants, April L. Ford ("Defendant Ford"), Timothy G. Christ ("Defendant Christ"), Suss J. Krawchuk ("Defendant Krawchuk"), and Cathy A. Leppo ("Defendant Leppo (collectively, "Defendants"), and avers as follows: 1. Ms. Hotham is a competent adult individual and citizen of Pennsylvania residing at 138 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Ford is, upon information and belief, a competent adult individual citizen of Pennsylvania currently residing at 3631 North 2nd Street, Harrisburg, County, Pennsylvania. 3. Defendant Christ is, upon information and belief, a competent adult and citizen of Pennsylvania currently residing at 5 Clark Road, Apartment 3, Annville, Le County, Pennsylvania. 4. Defendant Krawchuk is, upon information and belief, a competent individual and citizen of Pennsylvania currently residing at 1116 Grandia Flora Dri Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant Leppo is, upon information and belief, a competent adult indi and citizen of Pennsylvania currently residing at 1426 Bradley Drive, Apartment 313, Cumberland County, Pennsylvania. 6. At all times material hereto, Ms. Hotham was the owner and operator of a Dodge Caravan bearing Pennsylvania registration number EKP6477 ("Ms. Hotham's vehicle") 7. At all times material hereto, Defendant Ford was the owner and operator of 2007 Dodge Ram bearing Pennsylvania registration number YWW8541 ("Ford's vehicle"). 8. At all times material hereto, Defendant Christ was the owner and operator of 1992 Buick Century bearing Pennsylvania registration number GYD4469 ("Christ's vehicle"). 9. At all times material hereto, Defendant Krawchuk was the owner and operator a 2004 Hyundai Sante Fe bearing Pennsylvania registration number ENY7027 ("Krawchuk' vehicle") 10. At all times material hereto, Defendant Leppo was the owner and operator of 2 2004 Saturn Ion bearing Pennsylvania registration number EWJ9211 ("Leppo's vehicle"). 11. At all times material hereto, Ms. Hotham was insured with GEICO Insuranc$ Company and was covered under the limited tort option. I, 9. Pursuant to 75 Pa.C.S.A. § 1705(d), Ms. Hotham is entitled to recover economic damages as if she had retained full tort rights because she sustained a serious injury a result of the below-described collision. 10. At all times material hereto, there were no adverse road or weather conditions. 11. On or about July 5, 2010, at 7:46 a.m., Ms. Hotham's vehicle was traveling eastbound on State Highway 581, in Camp Hill Borough, Cumberland Pennsylvania. 12. At approximately that same time and place, Defendant Ford was also eastbound on State Highway 581, approaching Ms. Hotham's vehicle from behind. 13. At approximately that same time and place, Defendant Christ was also eastbound on State Highway 581, approaching Ford's vehicle from behind. 14. At approximately that same time and place, Defendant Krawchuk was traveling eastbound on State Highway 581, approaching Christ's vehicle from behind. 15. At approximately that same time and place, Defendant Leppo was also eastbound on State Highway 581, approaching Krawchuk's vehicle from behind. 16. At approximately the same time and place, Ms. Hotham slowed her vehicle to to slowing traffic in front of her. 17. Defendant Ford failed to react in a timely fashion to Ms. Hotham's vehicle, and suddenly and violently struck the rear of Ms. Hotham's vehicle, forcing it into vehicle in front of her. 3 18. Defendant Christ failed to react in a timely fashion to Defendant Ford's stopped vehicle, and suddenly and violently struck it from behind. 19. Defendant Krawchuk failed to react in a timely fashion to Defendant Christ' stopped vehicle, and suddenly and violently struck it from behind. 20. Defendant Leppo failed to react in a timely fashion to Defendant Krawchuk' stopped vehicle, and suddenly and violently struck it from behind. 21. As a direct and proximate result of the negligence of Defendants, Ms. sustained extensive damages, as set forth more specifically below. COUNT I -NEGLIGENCE Donna L. Hotham v. April L. Ford 22. The foregoing paragraphs are incorporated herein by reference. 23. The occurrence of the aforementioned collision and all the resultant injuries Ms. Hotham are the direct and proximate result of the negligence of Defendant Ford, and more specifically as set forth below: (a) in driving Ford's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) in failing to exercise reasonable care in the operation and control of Ford's vehicle, in violation of 75 Pa.C.S.A. § 3714; (c) in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S.A. § 3310(a); (d) in failing to properly regulate the speed of Ford's vehicle so as to prevent arear-end collision; (e) in failing to operate Ford's vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead 4 in violation of 75 Pa.C.S.A § 3361; (f) in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3361; (g) in failing to operate Ford's vehicle at a speed that was safe under the circumstances, in violation of 75 Pa.C.S.A. § 3361; (h) in failing to keep a reasonable lookout for vehicular traffic; (i) in failing to properly and adequately observe the traffic conditions then and there existing; (j) in operating a motor vehicle inattentively; and (k) in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Ford's vehicle under such control that injury to persons or property could be avoided. 24. As a direct and proximate result of Defendant Ford's negligence, Ms. has: (a) suffered injuries including, but not limited to, a herniated disc that ultimately required surgical removal, a sprained right shoulder, and clinical depression; (b) undergone continuing medical care and surgery for her injuries that has resulted in permanent scarring; (c) required continuing medical treatment, and will need to continue medical treatment indefinitely; 5 (d) been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; (e) suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; (f) been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; (g) suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; (h) been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment; 25. Ms. Hotham believes and therefore avers that her injuries are permanent serious and have caused permanent, serious disfigurement. WHEREFORE, Plaintiff, Donna L. Hotham, seeks damages from Defendant, April Ford, an amount in excess of the compulsory arbitration limits of Cumberland County, excl of interest and costs. COUNT II -NEGLIGENCE Donna L. Hotham v. Timothy G. Christ 26. The foregoing paragraphs are incorporated herein by reference. 27. The occurrence of the aforementioned collision and all the resultant injuries Ms. Hotham are the direct and proximate result of the negligence of Defendant Christ, and more specifically as set forth below: 6 (a) in driving Christ's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) in failing to exercise reasonable care in the operation and control of Christ's vehicle, in violation of 75 Pa.C.S.A. § 3714; ~ (c) in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S.A. § 3310(a); (d) in failing to properly regulate the speed of Christ's vehicle so as to prevent arear-end collision; (e) in failing to operate Christ's vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; (f) in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3361; (g) in failing to operate Christ's vehicle at a speed that was safe under the circumstances, in violation of 75 Pa.C.S.A. § 3361; (h) in failing to keep a reasonable lookout for vehicular traffic; (i) in failing to properly and adequately observe the traffic conditions then and there existing; (j) in operating a motor vehicle inattentively; and (k) in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Christ's vehicle under such control that injury to persons or 7 property could be avoided. 28. As a direct and proximate result of Defendant Christ's negligence, Ms. Hothanh has: (a) suffered injuries including, but not limited to, a herniated disc that ultimately required surgical removal, a sprained right shoulder, and clinical depression; (b) undergone continuing medical care and surgery for her injuries that has resulted in permanent scarring; (c) required continuing medical treatment, and will need to continue medical treatment indefinitely; (d) been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; (e) suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; (f) been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; (g) suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; (h) been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment; 8 29. Ms. Hotham believes and therefore avers that her injuries are permanent and serious and have caused permanent, serious disfigurement. WHEREFORE, Plaintiff, Donna L. Hotham, seeks damages from Defendant, G. Christ, an amount in excess of the compulsory arbitration limits of Cumberland exclusive of interest and costs. COUNT III -NEGLIGENCE Donna L. Hotham v. Susan J. Krawchuk 30. The foregoing paragraphs are incorporated herein by reference. 31. The occurrence of the aforementioned collision and all the resultant injuries Ms. Hotham are the direct and proximate result of the negligence of Defendant generally and more specifically as set forth below: (a) in driving Krawchuk's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) in failing to exercise reasonable care in the operation and control of Krawchuk's vehicle, in violation of 75 Pa.C.S.A. § 3714; (c) in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S.A. § 3310(a); (d) in failing to properly regulate the speed of Krawchuk's vehicle so as to prevent arear-end collision; (e) in failing to operate Krawchuk's vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; (f) in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 9 3361; (g) in failing to operate Krawchuk's vehicle at a speed that was safe ': under the circumstances, in violation of 75 Pa.C.S.A. § 3361; (h) in failing to keep a reasonable lookout for vehicular traffic; (i) in failing to properly and adequately observe the traffic conditions then and there existing; (j) in operating a motor vehicle inattentively; and (k) in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Krawchuk's vehicle under such control that injury to persons or property could be avoided. 32. As a direct and proximate result of Defendant Krawchuk's negligence, Ms Hotham has: (a) suffered injuries including, but not limited to, a herniated disc that ultimately required surgical removal, a sprained right shoulder, and clinical depression; (b) undergone continuing medical care and surgery for her injuries that has resulted in permanent scarring; (c) required continuing medical treatment, and will need to continue medical treatment indefinitely; (d) been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; (e) suffered physical pain, discomfort, and mental anguish, and will 10 i _____ continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; (f) been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; (g) suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; (h) been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment; 33. Ms. Hotham believes and therefore avers that her injuries are permanent serious and have caused permanent, serious disfigurement. WHEREFORE, Plaintiff, Donna L. Hotham, seeks damages from Defendant, Susan J Krawchuk, an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT IV -NEGLIGENCE Donna L. Hotham v. Cathy A. Leapo 34. The foregoing paragraphs are incorporated herein by reference. 35. The occurrence of the aforementioned collision and all the resultant injuries Ms. Hotham are the direct and proximate result of the negligence of Defendant Leppo, and more specifically as set forth below: (a) in driving Leppo's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) in failing to exercise reasonable care in the operation and control 11 of Leppo's vehicle, in violation of 75 Pa.C.S.A. § 3714; (c) in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S.A. § 3310(a); I (d) in failing to properly regulate the speed of Leppo's vehicle so as to prevent arear-end collision; j (e) in failing to operate Leppo's vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; (f) in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3361; (g) in failing to operate Leppo's vehicle at a speed that was safe under the circumstances, in violation of 75 Pa.C.S.A. § 3361; (h) in failing to keep a reasonable lookout for vehicular traffic; (i) in failing to properly and adequately observe the traffic conditions then and there existing; (j) in operating a motor vehicle inattentively; and (k) in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Leppo's vehicle under such control that injury to persons or property could be avoided. 36. As a direct and proximate result of Defendant Leppo's negligence, Ms. ~ has: 12 ~_ _ _ _ T (a) suffered injuries including, but not limited to, a herniated disc that ultimately required surgical removal, a sprained right shoulder, and clinical depression; (b) undergone continuing medical care and surgery for her injuries that has resulted in permanent scarring; (c) required continuing medical treatment, and will need to continue medical treatment indefinitely; (d) been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; (e) suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; (f1 been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; (g) suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; (h) been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment; 37. Ms. Hotham believes and therefore avers that her injuries are permanent serious and have caused permanent, serious disfigurement. 13 WHEREFORE, Plaintiff, Donna L. Hotham, seeks damages from Defendant, Cathy Af Leppo, an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: Aug. ~'~ , 2012 By: W. Scott Henning P 32 ) 1300 Linglestown d uite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning@hhrlaw.com Attorneys for plaint Donna L. Hotham 14 Handler Henning & Rosenberg ~~P Attorneys at Law . ~~ ~.. ~~ ~ ~, VERIFICATION The undersigned hereby verifies that the statements in the foregoing document based upon information which has been furnished to counsel by me and information whip has been gathered by counsel in the preparation of this lawsuit. The language of tl document is of counsel and not my own. I have read the document and to the extent th it is based upon information which I have given to counsel, it is true and correct to the be of my knowledge, information and belief. To the extent that the contents of the docume are that of counsel, I have relied upon my counsel in making this Verification. T undersigned also understands that the statements made therein are made subject to penalties of 18 Pa. C.S. relating to unsworn falsification to authorities. Hotha Date: o 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 !Hanover 717 630 8200 i Lancaster 717 4314000 York 717 845 7800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff v. CIVIL ACTION -LAW NO.: 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants CERTIFICATE OF SERVICE On the 27th day of August, 2012, I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing in U.S. Mail: Christopher M. Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Bart W. Holmes, Esq. Owens, Barcavage, & Mclnroy, LLC 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 HANDLER, HENNING & ROSENBERG, LLP k :. g» x;-10 0Ttki JTf?,? u?2OCT I l Pr !: It; ""MPERLAND COUNT' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff, v. APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A LEPPO, Defendants. CIVIL DIVISION NO. 12-3456 DEFENDANT, TIMOTHY G. CHRIST'S ANSWER TO DEFENDANT, APRIL FORD'S NEW MATTER CROSSCLAIM (Jury Trial Demanded) Filed on Behalf of the Defendant, Timothy G. Christ Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff, CIVIL DIVISION V. APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants. NO. 12-3456 (Jury Trial Demanded) DEFENDANT. TIMOTHY G. CHRIST'S ANSWER TO DEFENDANT. APRIL FORD'S NEW MATTER CROSSCLAIM 48. In response to paragraph 48, this Defendant incorporates his Answer and New Matter to Plaintiff's Complaint. 49-50. Paragraphs 49-50 of Defendant, April L. Ford's New Matter Crossclaim state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court to enter Judgment in his favor with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By. Kevin D. Rauch, Esquire Counsel for Defendant, Timothy G. Christ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT, TIMOTHY G. CHRIST'S ANSWER TO DEFENDANT, APRIL FORD'S NEW MATTER CROSSCLAIM has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9th day of October, 2012. W. Scott Henning, Esquire Handler, Henning & Rosenburg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Defendant, April L. Ford) George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 (Attorney for Defendant, Cathy A. Leppo) Bart W. Holmes, Esquire Owens, Barcavage & Mclnroy, LLC 2595 Interstate Drive Harrisburg, PA 17110 (Attorney for Defendant, Susan Krawchuk) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant, Timothy G. Christ Owens Barcavage & McInroy, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) r, 8L A I NNS YL C U'vrr !q IN THE COURT OF COMMN PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONNA L. HOTHAM, Plaintiff NO.: 12-3456 V. APRIL L. FORD, Defendant TIMOTHY G. CHRIST, Defendant SUSAN J. KRAWCHUK, Defendant CATHY A. LEPPO, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD W. Scott Henning, Esquire George H. Eager, Esquire Handler Henning & Rosenberg, LLP Eager Stengel Quinn & Sofilka 1300 Linglestown Road 1347 Fruitville Pike Harrisburg, PA 17110 Lancaster, PA 17601 Attorney for Plaintiff Attorney for Defendant Leppo You are hereby notified to plead to the enclosed New Matter and New Matter Crossclaim within 20 days from service or a default judgment may be filed against you. Respectfully, Owe s Barcavage & McInroy, LLC Date: 10/10/2012 By: Bart W. mes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) (remainder of page intentionally left blank) DEFENDANT CATHY A. LEPPO AND NOW COMES Susan J. Krawchuk, by and through her attorneys Owens Barcavage & McInroy, LLC, and Bart W. Holmes, Esquire, and answers Plaintiffs Complaint, with New Matter, as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiff is who she says she is. The remaining allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 2. After reasonable investigation, answering Defendant is without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. This allegation is also denied pursuant to Pa.R.C.P. 1029(e). I After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. This allegation is also denied pursuant to Pa.R.C.P. 1029(e). 4. Admitted. 5. After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. This allegation is also denied pursuant to Pa.R.C.P. 1029(e). 6. After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. These allegations are also denied pursuant to Pa.R.C.P. 1029(e). 7. After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. These allegations are also denied pursuant to Pa.R.C.P. 1029(e). 8. After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. These allegations are also denied pursuant to Pa.R.C.P. 1029(e). 9. Admitted. 10. After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. These allegations are also denied pursuant to Pa.R.C.P. 1029(e). 11. After reasonable investigation, answering Defendant without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. These allegations are also denied pursuant to Pa.R.C.P. 1029(e). 12. (mis-numbered Paragraph No. 9) The allegations in this paragraph constitute conclusions of law to which no responsive pleading is required, and therefore are denied. These allegations are also denied pursuant to Pa.R.C.P. 1029(e). 13. (mis-numbered Paragraph No. 10). Denied pursuant to Pa.R.C.P. 1029(e). 14. (mis-numbered Paragraph No. 11). Admitted upon information and belief. 15. (mis-numbered Paragraph No. 12). Denied pursuant to Pa.R.C.P. 1029(e). 16. (mis-numbered Paragraph No. 13). Denied pursuant to Pa.R.C.P. 1029(e). 17. (mis-numbered Paragraph No. 14). Admitted. 18. (mis-numbered Paragraph No. 15). Admitted. 19. (mis-numbered Paragraph No. 16). Denied pursuant to Pa.R.C.P. 1029(e). 20. (mis-numbered Paragraph No. 17). Denied pursuant to Pa.R.C.P. 1029(e). 21. (mis-numbered Paragraph No. 18). Denied pursuant to Pa.R.C.P. 1029(e). 22. (mis-numbered Paragraph No. 19). Admitted in part; denied in part. It is admitted only that an impact occurred between answering Defendant's vehicle and Defendant Christ's vehicle. Answering Defendant specifically denies that she was negligent. The remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). 23. (mis-numbered Paragraph No. 20). Admitted. 24. (mis-numbered paragraph No. 21). The allegations in this paragraph constitute conclusions of law to which no responsive pleading is required, and therefore are denied. By way of further response these allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE Donna L. Hotham v. April L. Ford 25. (mis-numbered Paragraph No. 22). Answering Defendant incorporates its responses in the foregoing paragraphs as if set forth at length herein. 26 - 28 (mis-numbered 22- 25). The allegations in these paragraphs are directed to a Defendant other than Answering Defendant, and therefore no response is required. WHEREFORE, Defendant Susan J. Krawchuk demands that judgment be entered in her favor, and against Plaintiff, and such other relief as this Court shall deem just and proper. COUNT II - NEGLIGENCE Donna L. Hotham v. Timothy G. Christ 29. (mis-numbered Paragraph No. 26). Answering Defendant incorporates its responses in the foregoing paragraphs as if set forth at length herein. 30 - 32 (mis-numbered 27 - 29). The allegations in these paragraphs are directed to a Defendant other than Answering Defendant, and therefore no response is required. WHEREFORE, Defendant Susan J. Krawchuk demands that judgment be entered in her favor, and against Plaintiff, and such other relief as this Court shall deem just and proper. COUNT III - NEGLIGENCE Donna L. Hotham v. Susan J. Krawchuk 33. (mis-numbered Paragraph No. 30). Answering Defendant incorporates its responses to the foregoing paragraphs as if set forth at length herein. 34. (mis-numbered Paragraph No. 31). The allegations Paragraph 34 and subparagraphs 34(a)-34(k) are legal conclusions to which no responsive pleading is required, and therefore are denied. To the extent that any allegation in these paragraphs and subparagraphs are deemed factual, same are denied under Pa.R.C.P. 1029(e). 35. (mis-numbered Paragraph No. 32) The allegations Paragraph 35 and subparagraphs 35(a)-35(h) are legal conclusions to which no responsive pleading is required, and therefore are denied. To the extent that any allegation in these paragraphs and subparagraphs are deemed factual, same are denied under Pa.R.C.P. 1029(e). 36. (mis-numbered Paragraph No. 33). Denied. The allegations in this paragraph are legal conclusions to which no responsive pleading is required. By way of further response, these allegations are denied under Pa.R.C.P. 1029(e). WHEREFORE, Defendant Susan J. Krawchuk demands that judgment be entered in her favor, and against Plaintiff, and such other relief as this Court shall deem just and proper. COUNT IV Donna L. Hotham v. Cathv A. LeDvo 37. (mis-numbered Paragraph No. 34). Answering Defendant incorporates its responses in the foregoing paragraphs as if set forth at length herein. 38 - 40 (mis-numbered 34 - 37). The allegations in these paragraphs are directed to a Defendant other than Answering Defendant, and therefore no response is required. WHEREFORE, Defendant Susan J. Krawchuk demands that judgment be entered in her favor, and against Plaintiff, and such other relief as this Court shall deem just and proper. NEW MATTER DIRECTED TO PLAINTIFF 41. Answering Defendant incorporates the foregoing paragraphs as if set forth at length herein. 42. In the event that Plaintiff was insured under a policy of motor vehicle insurance which provided for the limited tort option, Plaintiff is barred from recovering non- economic damages as Plaintiff did not sustain "serious" injuries as defined in § 1702 of the Motor Vehicle Financial Responsibility Law. 43. Upon information and belief, some or all of Plaintiffs medical expenses, if any, have been paid or are payable by collateral sources and are therefore not recoverable from Answering Defendant under §1722 of the Motor Vehicle Financial Responsibility Law. 44. Upon information and belief, some or all of Plaintiff's claims for lost wages and or loss of earning capacity have been paid or are payable by collateral sources and are therefore not recoverable from Answering Defendant under § 1722 of the Motor Vehicle Financial Responsibility Law. 45. Any damages sustained by Plaintiff were the result of actions or inactions of persons over whom Answering Defendant Susan J. Krawchuk had no control or right to control. 46. Plaintiff's claims may be barred by those defenses listed in Pa.R.C.P. 1030, as discovery may establish. WHEREFORE, Defendant Susan J. Krawchuk demands that judgment be entered in her favor, and against Plaintiff, and other such relief this Court deems just and proper. NEWT MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P.1031.1 DIRECTED TO DEFENDANT CATHY A. LEPPO 47. Solely for the purposes of Defendant Susan J. Krawchuk's Crossclaim against Defendant Leppo, and expressly without any admission whatsoever of any of the averments set forth therein, Defendant Susan J. Krawchuk hereby incorporates the allegations set forth in Plaintiff's Complaint. 48. If Plaintiff sustained injuries and or damages as alleged in Plaintiff's Complaint, said injuries and or damages, being herein strictly denied, were caused by acts, statements, omissions, negligence, or other fault based conduct of Defendant Cathy A. Leppo. 49. Defendant Cathy A. Leppo is solely liable to Plaintiff or, in the alternative, should Defendant Susan J. Krawchuk be found liable to Plaintiff, liability being herein strictly denied, then Defendant Cathy A. Leppo is jointly and severally liable with Defendant Susan J. Krawchuk and or is liable over to Defendant Susan J. Krawchuk by way of contribution and or indemnification. WHEREFORE, Defendant Susan J. Krawchuk demands that judgment be entered in her favor and against Defendant Cathy A. Leppo, together with such other relief as this Court deems just and proper. Respectfully, Owens Barcavage & McInroy, LLC Date: 10/10/2012 By: Bart W. Wolmes,squire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) (remainder of page intentionally left blank) VERIFICATION I, Bart W. Holmes, Esquire, counsel for Defendant Susan J. Krawchuk, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact or denials of facts in the foregoing are true and correct based upon information provided to me by my client or my personal investigation, to the best of my knowledge, information or belief, and that my client's verification shall be substituted for mine. Date: Bart W. Holm s, sq ire CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, by United States Mail, pre-paid, as follows: Handler, Henning & Rosenberg, LLP Attn: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff George H. Eager, Esquire Eager Stengel Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Leppo Marshall, Dennehey, Warner, Coleman & Goggin Attn: Christopher M. Reeser, Esquire 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 Attorney for Defendant Ford Date: 10/10/2012 Bart W. Holmes, squi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONNA L. HOTHAM, Plaintiff NO.: 12-3456 v. APRIL L. FORD. Defendant. CIVIL ACTION -LAW TIMi~THY G. CHRIST, Defendant. SUSAN J. KRAWCHUK, : Defendant CATI-[Y A. LEPPO, Defendant JURY TRLAL DEMANIDED PRAECIPE TO ATTACH DEFENDANT'S VERIFICATION TO TIIE PROTHONOTARY: _. _.__ ;~., l -^`-~ ~ .. Please attach Defendant's verification to the Defendant Susan .1. Krawchuk's Answer with New Matter to Flaintiff s Complaint and New Matter Crossclaim Against Defendant Cathy A. Leppo which. was filed on October 15, 2012. OWENS BARCAVAG>=; & McINROY. LLC Date: r~ ~'~ H .~-C p ~ ~i Bart W. Ho mes, E quire PA I.D. No. 85071 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney foie Defendant Susan J, Krawchuk VERIFICATION 1, Susan J. Krawchuk, hereby certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact or denial of fact in the foregoing Answer with New Matter and Cross Claim are true and correct based upon my personal knowledge, information or belief. Date. ~ ~ .~ ~~ ' ~ ~., r ~ ;~I `i' ~~ ~ ` ~,,. - -~ _~ --_ ~ ~'~~L.. Susan J. k;rawc ujc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, . Plaintiff . NO. 12-356 v. APRIL L. FORD, TIMOTHY B. CIVIL TERM CHRIST, SUSAN J. CRAWCHUK, and CATHY A. LEPPO, Defendants PLAINTIFF'S REPLY TO DEFENDANT SUSAN J. CRAWCHUK'S ALLEGATIONS OF NEW MATTER AND NOW, comes the Plaintiff, Donna L. Hotham, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and responds to the Defendants allegations of New Matter as follows: 41. Paragraph 41 is an incorporation paragraph to which no responsive pleading is required. 42. Denied. The allegation set forth in paragraph 42 is a conclusion of law to which no respon sive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff is barred from recovering non-economic damages based on the <~ssertion that the Plaintiff did not sustain a "serious injury" as defined by Section 1702, et. seq of the Pennsylvania Motor Vehicle Financial Responsibility Law, and proof to the contrary is demanded at the trial in this matter. To the contrary, the Plaintiff asserts that she experienced a "serious injury' that converts her to Full Tort status. 43. Denied. The allegation set forth in paragraph 43 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff acknowledges that she will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law pertaining to the payment of medical expenses, as well as any other collateral source rules, that the Honorable Court deems properly applicable to the subject cause of action. 44. Denied. The allegation set forth in paragraph 44 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff acknowledges that she will be bound by any provisions of the Pennsylvania Motor Vehicle Financial I~esponsibility Law pertaining to the payment of medical expenses and/or lost wages, as well as. any other collateral source rules, that the Honorable Court deerris properly applicable to the subject cause of action. 45. Denied. It is denied that the injuries and damages sustained by the Plaintiff were wholly the result of actions or inactions of people over whom the Answering Defendant, Susan J. Crawchuk, had no control or right of control, and proof to the contrary is demanded at the trial in this matter. 2 46. Denied. Paragraph 46 is simply a reservation of other defenses set forth in Pa. R.C.P. 1030, to which no responsive pleading is required. 47.-49. Denied. The allegation set forth in paragraph 47 thrc~agh 49 are directed to the co-defendants and are in the nature of a cross-claim against the co-defendants, specifically Cathy A. Leppo. To that extent, a responsive pleading is not required from the Plaintiff. WHEREFORE, Plaintiff, Donna L. Hotham, requests the Honorable Court to enter judgment in her favor and against the (Defendant, Susan 1. Crawchuk, for the relief set. forth in her Complaint. Respectfully submitted, HANDLER, H NI & ROSENBERG, LLP • , fw~ BY~ _~ W. Scot~~Henni g Suprerr~e Cour ID#3 298 1300 Lirigtown R ad -Suite 2 Harrisburg, PA 171 0 (717)238-2000 Dated; ~ ~,~~1 "~~~~~~ Attorney for Plaintiff 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; ,and that thE~ Plaintiff was not available to execute the Verification so as to comply with the tirrie deadline within which to file this document and that this statement is made subject to tl~e penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date:-~~~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff NO. 12-3456 v. APRIL L. FORD, TIMOTHY B. CIVIL TERM CHRIST, SUSAN 1. CRAWCHUK, and CATHY A. LEPPO, Defendants CERTIFICATE OF SERVICE On the 2.9t" day of October, 2012, I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant Susan J. Crawchuk's Allegations of New Matter was served upon the following by depositing in U.S. Mail: Bari: W. Holmes, Esq. Owens, Barcavage, & Mclnroy, LLC 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg,, PA 17050 George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Very truly yours, HANDLER, HENNING & ROSENBERG, LLP '~ '. , , .. 3 ~ . ~ ~ ~. - ',7 i ~Ita4 , t , ~F ,, ~~t'1 ~ .~lr~ 4 ~ ~ 4.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff, v.. APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants. CIVIL DIVISION NO. 12-3456 ANSWER, NEW MATTER AND NEW MATTER PURSUANT TO RULE 1031.1 (Jury Trial Demanded) Filed on Behalf of the Defendant, Timothy G. Christ Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I,.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff, CIVIL DIVISION v. APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants. NO. 12-3456 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Timothy G. Christ, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter and New Matter Pursuant to Rule 1031.1 and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial,. 2'. Admitted. ~~. Admitted that Defendant is a competent adult individual and citizen of Pennsylvania. Denied otherwise. Defendant currently resides at 2213 S. Front Street, Apartment A, Steelton, PA 17113. 4~. Admitted. 55. Admitted. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 8. Admitted. 9'. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 11. Admitted. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Admitted in part, denied in part. It is admitted that there were no adverse weather conditions at the time of the collision. The remainder of the allegations in paragraph 10 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted that Ms. Hotham's vehicle was travelling eastbound on State Highway 581 on the date, time and place stated. The remainder of the allegations in paragraph 11 state legal conclusions to which no responses are required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 17. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial,. 20. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict praof thereof is demanded at the time of trial. 21 Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I -NEGLIGENCE DONNA L. HOTHAM v. APRIL L. FORD 22-25. Paragraphs 22-25 of the Plaintiff's Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed.. COUNT I -NEGLIGENCE DONNA L. HOTHAM v. TIMOTHY G. CHRIST 26. In response to paragraph 26, the Defendant reiterates and repeats all his responses in paragraphs 1 through 25 as if fully set forth at length herein. 27 Paragraph 27 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 28. Paragraph 28 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 29. Paragraph 29 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT III -NEGLIGENCE DONNA L. HOTHAM v. SUSAN J. KRAWCHUK 30-33. Paragraphs 30-33 of the Plaintiff's Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT IV -NEGLIGENCE DONNA L. HOTHAM v. CATHY A. LEPPO ?'~5-37. Paragraphs 35-37 of the Plaintiff's Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 38. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 39, Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 40. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 1031.1 4~1. Answering Defendant, Timothy G. Christ, incorporates by reference the entirety of Plaintiffs Complaint against answering Defendant without admission or adoption as though the same were set forth herein at length. 42. Answering Defendant incorporates by reference the preceding paragraphs of his Answer and New Matter as if the same were fully set forth at length herein. 4;3. Solely for the purposes of the within cross-claim and without admitting the truth of the same, this Defendant adopts and incorporates those allegations of the Plaintiffs Complaint directed to April Ford, Susan J. Krawchuk, and Cathy A. Leppo. 4~. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that April Ford, Susan J. Krawchuk, and Cathy A. Leppo are solely liable to the Plaintiff. 4~i. In the event it is judicially determined that the Plaintiff is entitled to a recovery from this Defendant, which is denied, then it is averred that April Ford, Susan J. Krawchuk, and Cathy A. Leppo are liable over to this Defendant for contribution and/or indemnification. WHEREFORE, Defendant, Timothy G. Christ, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.~. n ,.-~ ~. ' fi f ,~- °~ /~ ~ ~" ~. gy: r, n ~ ~ r ~ - e'vm~: auch, Esquire Counsel for Defendant, Timothy G. Christ VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~, Date: ~'~r ' ~~ ' ~~ ~ `~-_ Timothy ~ Christ #19441 CERTIFICATE OF SERVICE I HEREBY CERTIFY that: a true and correct copy of the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 25t" day of October., 2012. W. Scott Henning, Esquire Handler, Henning & Rosenburg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff? Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Defendant, April L. Ford) George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 (Attorney for Defendant, Cathy A. Leppo) Bart W. Holmes, Esquire Owens, Barcavage & Mclnroy, LLC 2595 Interstate Drive Harrisburg, PA 17110 (Attorney for Defendant, Susan Krawchuk) SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,~KEEL, P.C. '~,~ l `.; a, t i By: N ,~,% ~~ Ke fn'" D. R2~k~;~Esquire `Counsel for Defendant, Timothy G. Christ ', ., ,_. 5'" ~ '~ ~ ' __ ,,. ~~, ~ i~:l ~'~,,. ~' ~ T.,, ..q i _`v. j,e,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff NO. 12-3456 ~~. APRIL L. FORD, TIMOTHY B. CIVIL TERM CHRIST, SUSAN J. CRAWCHUK, and CATHY A. LEPPO, Defendants PLAINTIFF'S REPLY TO NEW MATTER PROPOUNDED BY DEFENDANT, TIMOTHY B. CHRIST AND NOW, comes the Plaintiff, Donna L. Hotham, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and responds to the Defendant'<.~ allegations of New Matter as follows: 38. Denied. The allegation set forth in paragraph 38 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response nE~cessary, the Plaintiff acknowledges that she will be bound by any provisions of the Pennsylvania Motor Vehicle Financial F~esponsibility Law that the Honorable Court deems properly applicable to the subject cause of action. r 39. Denied. The allegation set forth in paragraph 39 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems; a response necessary, the Plaintiff acknowledges that she will be bound by any collateral source provisions of the Pennsylvania Motor \/ehicle Financial Responsibility Law, or otherwise, that the Honorable Court deems properly applicable to the subject cause of action. 40. Denied. The allegation set forth in paragraph 40 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response nE~cessary, it is denied that thre Plaintiff is barred from recovering non-economic damages based upon the assertion that the Plaintiff selected the Limited Tort option and did not sustain a "serious injury" as defined by Section 1702, et. seq. of the Pennsylvania Motor Vehicle Financial Responsibility Law, and proof to the contrary is demanded at the trial in this matter.. 41-45. Denied. The allegation set forth in paragraphs 41-45 are directed to the c:o- Defendants and are in t:he nature of a cross-claim against the co-Defendants. To that extent, a responsive ,pleading is not required from the Plaintiff. 2 WHEREFORE, Plaintiff, Donna L.. Hotham, requests the Honorable Court to enter judgment iri her favor and against DefE~ndant, Timothy B. Christ, for the relief set forth in her Complaint. Respectfully submitted, HANDLER, RENNIN ROSENBERG, LLP fr. ~- 4 ,~.. C..-- :, W. Scott Hennin,~ Supreme Court ID#32 8 1300 Linglestown Ro d -Suite 2 Harrisburg, PA 1711 (717)238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that the Plaintiff was not available to execute the Verification so as to comply with the time deadline within which to file this document and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authc,rities t ~~~ ~ / Date: --' ..~, W. SCOTT HENNINGUI i ~~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, Plaintiff NO. 12-3456 v. APRIL L. FORD, TIMOTHY B. CIVIL TERM CHRIST, SUSAN J. CRAWCHUK, and CATHY A. LEPPO, Defendants CERTIFICATE OF SERVICE On the 31st day of October, 2012, I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant Timothy Et. Christ's Allegations of New Matter was served upon the following by depositing in U.S. Mail: Bart W. Holmes, Esq. Owens, Barcavage, & Mclnroy, LLC 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Very truly yours, r ~:~.~ --~ - W. Scott Henning ~' HANDLER, HENNING SENBERG, LLP __ ~.° . , I i ". -; -, r.- „~,_ - '~" ,~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DONNA L. HOTHAM, Plaintiff NO. 12-3456 Civil v. APRIL L. FORD, TIMOTHY G. CHRIST, : JURY TRIAL DEMANDED SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants DEFENDANT CATHY A. LEPPO'S ANSWER TO NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 1031.1 OF DEFENDANT SUSAN J. KRAWCHUK NEW MATTER DIRECTED TO PLAINTIFF 41. Without admitting the truth or falsity thereof, Answering Defendant hereby incorporates by reference paragraphs 1 through 40 of the foregoing Answer and New Matter as if same were set forth in its entirety. 42-4G. The allegations of paragraphs 42-4.7 are directed to a party other than the answering defendant and, therefore, no responsive pleading is required. To the extent that a respanse is required, the allegations of paragraph 42-47 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant Cathy A. Leppo demands that this honorable court enter an Order stating that Answering Defendant Cathy A. Leppo is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co- Defendants, April L. Ford, Timothy G. Christ and Susan J. Krawchuk and is not liable over to Co- Defendants, April L. Ford, Timothy G. Christ and ,Susan J. Krawchuk by way of indemnity, contribution or otherwise and Answering Defendant Cathy A. Leppo asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 1031.1 DIRECTED TO DEFENDANT CATHY A. LEPPO 47. Without admitting the truth or falsity thereof, Answering Defendant Cathy A. Leppo hereby incorporates by reference paragraphs 1 through 46 of the foregoing Answer and New Matter as if same were set forth in its entirety. 52-53. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendants, April L. Ford, Timothy G. Christ and Susan J. Krawchuk, against whom Answering Defendant Cathy A. Leppo asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant Cathy A. Leppo demands that this honorable court enter an Order stating that Answering Defendant Cathy A. Leppo is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co- Defendants, April L. Forc1, Timothy G. Christ and Susan J. Krawchuk and is not liable over to Co- Defendants; April L. Ford, Timothy G. Christ and Susan J. Krawchuk. by way of indemnity, contribution or otherwise and Answering Defendant Cathy A. Leppo asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: /C 3i ! ~- BY: _ % r.' . George H. Eager, quire Attorney for D n nt Cathy A. Leppo I.D. No. 277 1347 Frui i Pike Lancast~PA 17601 (717) 290-7971 VERIFICATION I, CATHY A. LEPPO, hereby verify that I am a Defendant in the foregoing action, and that they averments of the foregoing Defendant Cathy A. Leppo's Answer to New Matter Crossclaim Pursuant to PA.R.C.P. 1031.1 are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Defendant Cathy A. Leppo's Answer to New Matter Crossclaim Pursuant to PA.R.C.P. 1031.1 are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. f ~-~, _ -~ f ~ _. ~~ ; ! ~ CA~fiHY A. LEPPO Dated: ~" ~ ' ~ ~ ~ <' . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter and 1031.1 New Matter upon the persons set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant Ford Bart W. Holmes, Esquire Owens, Barcavage, Mclnroy, LLC; 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 Attorney for Defendant Krawchuk Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ EAGER, STENGEL, QUINN & SOFILKA DATE: ') " ,, ~/~ , BY: ~ i George H. ager uire Attorney for Def n ant Gathy A. Leppo I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CONNORs LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. APRIL L. FORD, TIMOTHY G. CHRIST, NO. 12-3456 SUSAN J. KRAWCHUK, and ; c -q CATHY A. LEPPO, mom, Defendants CIVIL ACTION—LAW Wi. N r-:r ENTRY OF APPEARANCE TO THE PROTHONOTARY: �C. c:> Kindly enter our appearances as counsel on behalf of Defendant, Susan J. Krawchuk, with regard to the above-captioned matter. Connors Law,LLP By: Patricia Burns Horn, Esquire Kevin L. Connors, Esquire Attorneys for Defendant Date: April 18, 2013 Susan J. Krawchuk OWENS, BARCAVAGE AND MCINROY, LLC BY: Stephen J. Bracavage Attorney I.D. No. 78867 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONNA L. HOTHAM, ; Plaintiff V. , NO.: 12-3456 APRIL L. FORD, CIVIL ACTION - LAW Defendant TIMOTHY G. CHRIST, : JURY TRIAL DEMANDED Defendant SUSAN J. KRAWCHUK, ; Defendant CATHY A. LEPPO, Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Susan Krawchuk, in the above-captioned matter. OWENS BARCAVAGE AND MCINROY, LLC. DATE: BY: /Sfi��ep��e� Brrcavage, Esquire I1�. o.78867 CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Entry of Appearance and Withdraw of Appearance was served by first class mail, postage prepaid, addressed as follows: Donna L. Hotham 6 N. Locust St. Shiremanstown, PA 17011 Pro Se Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman& Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant, April L. Ford George H. Eager, Esquire Eager, Stengel, Quinn & Sofika 1347 Fruitville Pike Lancaster, PA 17601 Counsel for Defendant, Cathy A. Leppo Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 Counsel for Defendant, Timothy G. Christ CONNORS LAW,LLP B L� Y• Patricia urns Horn, Esquire Attorney for Defendants, Susan J. Krawchuk Date: April 18, 2013 070'f-fl C'a C:) r C7 nn MARSHALL DENNEHEY WARNER COLEMAN& GOGGIN ' By: Christopher M. Reeser, Esquire ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO : JURY TRIAL DEMANDED Defendant DEFENDANT APRIL FORD'S MOTION TO COMPEL PLAINTIFF'S FULL COMPLETE AND VERIFIED RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOUCUMENTS 1. Plaintiff, Donna L. Hotham, initiated this matter via Writ of Summons filed on May 31, 2012. 2. Plaintiff filed her Complaint in this matter on August 29, 2012. 3. This matter arises out of a chain reaction motor vehicle accident that occurred on July 5, 2010, on Pennsylvania State Highway 581 in Camp Hill, Cumberland County, Pennsylvania. 1 s ' 4. Plaintiff alleges negligence against Moving Defendant Ford and Defendants Timothy G. Christ, Susan J. Krawchuk and Cathy A. Leppo. 5. Moving Defendant served Plaintiff with Personal Injury Interrogatories,Expert Interrogatories and Request for Production of Documents through her counsel with correspondence dated August 6, 2012. See true and correct copy of Defendant's correspondence attached hereto as Exhibit A. 6. Moving Defendant's counsel wrote plaintiffs counsel requesting the overdue discovery responses on January 2, 2013. See true and correct copy of Defendant's counsel's correspondence attached hereto as Exhibit B. 7. Since Defendant's counsel sent that letter to plaintiffs counsel,plaintiffs counsel, W. Scott Henning,Esquire, filed a Petition to Withdraw as Plaintiff Hotham's counsel on or about March 13,2013. 8. The Honorable Edward Guido granted Mr. Henning's Petition with an Order dated March 18,2013. 9. To avoid wasting this Court's valuable resources, Moving Defendant sent Plaintiff, Donna L. Hotham a letter containing the Expert Interrogatories, Personal Injury Interrogatories and Request for Production of Documents, and requested that she provide full, complete and verified responses by the close of business Friday, April 12, 2013, or risk Moving Defendant filing the instant Motion. See true and correct copy of Defendant's counsel's correspondence Dated March 22,2013 attached hereto as Exhibit C. 10. To date,Plaintiff has not responded or objected to Moving Defendant's outstanding discovery requests. 2 11. Pursuant to Pa.R.C.P.4009.1(2)(a),the party upon whom a request is served must serve an answer,including objections to each numbered paragraph in the request and provide the requested documents to which there is no objection. 12. Pursuant to Pa.R.C.P.4006(a)(2), answers to written interrogatories must be answered fully and completely unless objected to. 13. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may,on motion,make an appropriate order if (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision(a)of this Rule may make (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses,or prohibiting such party from introducing in evidence designated documents,things, or testimony, or from introducing evidence of physical or mental condition; (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 14. Without Plaintiffs responses to Moving Defendant's discovery requests,Moving Defendant is unable to prepare its complete defense in this matter. 15. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2 (d), Moving Defendant's counsel requested Plaintiffs concurrence in this Motion with its 3 r correspondence dated April 12, 2013. Plaintiff did not respond to Moving Defendant's request for concurrence. See Exhibit D attached hereto. 16. Moving Defendant requests oral argument on this Motion. 17. Moving Defendant's counsel further certifies that he has served a true and correct copy of this Motion and all Exhibits to Plaintiff at her home address of 138 Sable Drive, Carlisle, PA. WHEREFORE Defendant April Ford respectfully requests this Honorable Court grant her Motion to Compel full, complete and verified responses to the outstanding Interrogatories, Expert Interrogatories and Request for Production of Documents, and request an Order requiring Plaintiff Donna L. Hotham to produce the requested information and documents within twenty (20) days of the receipt of this Court's Order, or be subject to further discovery sanctions. Respectfully submitted, MARSHALL DENNEHEY WARNER COLE M70GGIN By: Christop er M. Reeser, Esquire Attorney for Defendant Ford ID# 73632 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 717-651-3509 Dated: 4 � i _ .. � �) - � - - '� _ r� � I , i � � i � .�, 1 - � � r t _ i _ A REGIONAL DEFENSE LITIGATION LAw FIRM PENNSYLVANIA DELAWARE MARSHALL, DENNEHEY, WARNER, COLEMAN F6 GOGGnv Bethlehem Wilmington A P R O F E S S 1 O N A L -C O R P O R A T I O N www.marshaUdennehey.com Erie arrisb Akron King of Prussia Philadelphia FLORmA Pittsburgh Ft Lauderdale Scranton Jacksonville 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 WiDiamsport Orlando (717) 651-3500 - Fax (717) 651-9630 NEwjmwEY Tampa Cherry Hill NEwY°Rx Roseland New York Direct Dial: 717-651-3509 Email: cmreeser@mdwcg.com August 6, 2012 W. Scott Henning, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg,,PA 17110 RE:: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 DIL: 6-15-2010 MDWCG File No. 13571-00131 Dear Mr. Henning: r Enclosed please find the following discovery demands that Defendant, April L. Ford, hereby serves upon Plaintiff, Donna L. Hotham: (X) Personal Injury Interrogatories directed to Plaintiff; (X) Expert Interrogatories directed to Plaintiff; and (X) Request for Production of Documents directed to Plaintiff. Thank you for your cooperation and consideration. Very truly yours, f Christopher M. Reeser CMR/lj w cc: Bart W. Holmes, Esquire Timothy G. Christ Cathy A. Leppo MARSHALL DENN EHEY 'SYLVANIA DELAWARE Bethlehem Wilmington WARNER COLEMAN & GOGGIN Doylestown OHIO ATTORNEYS-AT-LAW Erie Cleveland Harrisburg A PROFESSIONAL CORPORATION King of Prussia FLORIDA Philadelphia Ft. Lauderdale 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Jacksonville (717) 651-3500 Pittsburgh Orlando Fax (717) 651-9630 Scranton Tampa NEW JERSEY NEW YORK Direct Dial: 717-651-3509 Cherry Hill Long Island Email: cmreeser @mdwcg.com Roseland New York City January 2, 2013 W. Scott Henning, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 RE: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 D/L: 6-15-2010 MDWCG File No. 13571-00131 Dear Scott: In reviewing my file, I see that we served Interrogatories and Request for Production of Documents on you back on August 6, 2012.' Those discovery requests have not yet been answered. It also appears as if the discovery requests of the other Defendants who served Interrogatories upon you have not been answered. I would ask that you attend to these discovery responses at your earliest convenience so that we can move this matter forward. If you have any questions, please do not hesitate to contact me. Very truly_�s, Christopher M. Reeser CMR/ljw cc: Kevin D. Rauch, Esquire Bart W. Holmes, Esquire George H. Eager, Esquire J j _ .. � �. MARSHALL DENNEHEY PENNSYLVANIA DELAWARE WARNER COLEMAN & GOGGIN �o hleh m Wilmington Doylestown OHIO Erie Cleveland . Harrisburg A PROFESSIONAL CORPORATION King of Prussia FLORIDA Philadelphia Ft. Lauderdale 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Jacksonville Pittsburgh Orlando (717) 651-3500 • Fax (717) 651-9630 Scranton Tampa NEW JERSEY NEW YORK Direct Dial: 717-651-3509 Cherry Hill Long Island Roseland New York City Email: cmreeser @mdwcg.com March 22, 2013 Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 RE: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 D/L: 6-15-2010 MDWCG File No. 13571-00131 Dear Ms. Hotham: The undersigned represents Defendant April Ford with regard to the above-captioned matter. As you may recall, in August 2012 we served you with Interrogatories, Expert Interrogatories and Request for Production of Documents via regular mail through your former counsel, W. Scott Henning, Esquire. Please be advised that your responses to these discovery requests are overdue. For your convenience, I have enclosed an additional copy of each of the requests. Please be advised that if we do not receive full, complete and verified responses by the close of business April 12, 2013, we will present a motion to compel your responses with the Court. If you have any questions, please do not hesitate to contact me. Very truly ours, C r . Reeser CMR/AMD/lj w encls. cc: Kevin D. Rauch, Esquire w/o encls. Bart W. Holmes, Esquire w/o encls. George H. Eager, Esquire w/o encls. .� .� - 1 ..� .. J ♦ e �� MARSHALL DILANEHEY PENNSYLVANIA DELAWARE Bethlehem Wilmington WARNER COLEMAN & GOGGIN Doylestown OHIO Erie Cleveland Harrisburg A PROFESSIONAL CORPORATION King of Prussia FLORIDA Ft. Lauderdale Philadelphia Jacksonville 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 Pittsburgh Orlando (717) 651-3500 - Fax (717) 651-9630 Scranton Tampa NEW JERSEY NEW YORK Direct Dial: 717-651-3509 Cherry Hill Long Island Email: cmreeser @mdwcg.com Roseland New York City April 12, 2013 Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 RE: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 D/L: 6-15-2010 MDWCG File No. 13571-00131 Dear Ms. Hotham: I write in follow-up to my March 22, 2013 correspondence concerning your overdue responses to Defendant April Ford's Interrogatories, Expert Interrogatories and Request for Production of Documents. We served these written discovery requests upon your former counsel, W. Scott Henning, Esquire, in August 2012. To date, we have not received any responses or objections from you whatsoever concerning these overdue discovery responses. Consistent with the Cumberland County Local Rules, I have enclosed a courtesy copy of our Motion to Compel your overdue discovery responses. The Court requires that we also seek your concurrence or non- concurrence in the Motion. Please advise in writing by the close of business Friday, April 19, 2013, whether or not you concur in the Motion. Thank you for your cooperation and consideration. Very truly yours, Christopher M. Reeser CMR/AMD/ljw ends. cc: Kevin D. Rauch, Esquire w/encls. Bart W. Holmes, Esquire-w/encls. George H. Eager, Esquire w/encls. C , MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN - �.� x� ter= By: Christopher M. Reeser, Esquire �-- -.c ID No. 73632 ' w °Q 4200 Crums Mill Road BCD -V Harrisburg, PA 17112 _ 717-651-3509 ' Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION–LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE 1, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on May 2, 2013, 1 served a copy of Defendant April Ford's Motion to Compel Plaintiffs Discovery Responses via first Class United States mail, postage prepaid as follows: Donna L. Hotham Kevin D. Rauch, Esquire 138 Sable Drive Summers McDonnell Hudock Carlisle, PA 17013 Guthrie & Skeel, PC Plaintiff 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ Kevin L. Connors, Esquire Patricia Burns Horn, Esquire George H. Eager, Esquire Connors Law Eager Stengel Quinn & Sofilka 140 S. Village Avenue, Suite 120 1347 Fruitville Pike Exton, PA 19341 Lancaster, PA 17601-4001 Attorney for Defendant Krawchuk Attorney for Defendant Leppo —L ;4= Christopher M. Reeser CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. ; NO. 12-3456 c APRIL L. FORD, TIMOTHY G. CHRIST, -o:X � SUSAN J. KRAWCHUK, and z�rnrn -c r--- CATHY A. LEPPO, ; C/)r' CD Defendants CIVIL ACTION—LAW ANSWER OF DEFENDANT, SUSAN J. KRAWCHUK, TO NEW MATTER CROSSCLAIM OF DEFENDANT,APRIL L. FORD C. AGAINST CATHY A. LEPPO, TIMOTHY G. CHRIST AND SUSAN J KRA*ClRUk AND NOW, Defendant, Susan J. Krawchuk ("Answering Defendant"), by and through her attorneys, Connors Law, LLP, responds to the New Matter Crossclaim of Defendant, April L. Ford, as follows: 54. Neither Admitted; nor Denied. The averments contained in the corresponding paragraph do not require a response. 55-56. Denied. The averments contained in the corresponding paragraphs are conclusions of law to which no responsive pleading is required. WHEREFORE, Answering Defendant, Susan J. Krawchuk, hereby requests judgment be found in her favor and against, Defendant, April L. Ford, with such other relief as this Court shall deem appropriate Respectfully Submitted, CONNORS LP BY: Patricia Burns Horn, Esquire Attorney for Defendant, _ DATE: O� Susan J. Krawchuck tV' � � 3 VERIFICATION Patricia Burns Horn,Esquire, attorney for Defendant, Susan J. Krawchuk, deposes and is authorized to sign this verification on behalf of said Defendant. She has reviewed the facts set forth in the foregoing Answer to the New Matter Cross-Claim of Defendant, April L. Ford, against Cathy A. Leppo, Timothy G. Christ and Susan J. Krawchuk, and the facts set forth are true and correct to the best of her knowledge,information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Patricia Burns Horn, Esquire DATE: l '� CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the foregoing Answer to the New Matter Cross-Claim of Defendant, April L. Ford, against Cathy A. Leppo,Timothy G. Christ and Susan J. Krawchuk,was served by first class mail, postage prepaid, addressed as follows: Donna L. Hotham Kevin D. Rauch, Esquire 138 Sable Drive Summers, McDonnell, Carlisle, PA 17013 Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Christopher M. Reeser, Esquire Mechanicsburg, PA 17050 Marshall, Dennehey, Warner, Coleman & Goggin George H. Eager, Esquire 4200 Crums Mill Road, Suite B Eager, Spinello, Quinn & Stengel Harrisburg, PA 17112 1347 Fruitville Pike Lancaster, PA 17601 CONNORs LAW,LLP BY: Patri ' Burns Horn, Esquire Attorney for Defendant, DATE: tD J.o c�f�l Susan J. Krawchuk C—P 7013 MAY -9 Phi 2: 43 CUMBERLAND Ck7Lfi'+JTY PENNSYLVANIA f MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant ORDER AND NOW this day of *4"A , 2013, upon consideration of Defendant April Ford's Motion to Compel, , said Motion is GRANTED. IT IS FURTHER ORDERED that Plaintiff Donna L. Hotham, shall serve full, complete and verified responses to Defendant's Interrogatories, Expert Interrogatories and Request for Production of Documents within ttntyb) days of the date of this Order, or suffer further sanctions upon Defendant's application to this Court as provided under Pa.R.C.P. 4019. 1 y By the -ourt: J. Distribution List: Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 Plaintiff Nevin L. Connors, Esquire Patricia Burns Horn, Esquire Connors Law 140 S. Village Avenue, Suite 120 Exton, PA 19341 Attorney for Defendant Krawchuk Kevin D. Rauch, Esquire Summers McDonnell Hudock Guthrie & Skeel, PC 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ eorge H. Eager, Esquire Eager Stengel Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Attorney for Defendant Leppo hristopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant Ford �I s9 /a 2 t 3 CONNORs LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA �� w V. P'*1 CZ7 = 3 s t NO. 12-3456 r,rill APRIL L. FORD, TIMOTHY G. CHRIST, .� c, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, _:" Defendants CIVIL ACTION—LAW > - = ' ANSWER OF DEFENDANT, SUSAN J. KRAWCHUK, TO NEW MATTER CROSSCLAIM OF DEFENDANT, CATHY A. LEPPO AGAINST APRIL L. FORD, TIMOTHY G. CHRIST AND SUSAN J. KRAWCHUK AND NOW, Defendant, Susan J. Krawchuk ("Answering Defendant"), by and through her attorneys, Connors Law, LLP, responds to Defendant, Cathy A. Leppo's, New Matter Crossclaim, as follows: 44. Neither Admitted; nor Denied. The averments contained in the corresponding paragraph require no responsive pleading. 45. Denied. The averments contained in the corresponding paragraph are conclusions of law to which no responsive pleading is required. WHEREFORE, Answering Defendant, Susan J. Krawchuk, hereby requests judgment be found in her favor and against all other parties. Respectfully Submitted, CONNOR ,LLP BY: Patrici s Horn, Esquire Attorney for Defendant, Susan J. Krawchuck DATE: to Y 11 s J VERIFICATION Patricia Burns Horn, Esquire, attorney for Defendant, Susan J. Krawchuk, deposes and is authorized to sign this verification on behalf of said Defendant. She has reviewed the facts set forth in the foregoing Answer to the New Matter Cross-Claim of Defendant, Cathy A. Leppo, against April L. Ford, Timothy G. Christ and Susan J. Krawchuk, and the facts set forth are true and correct to the best of her knowledge,information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Patricia Burns Horn, Esquire DATE: CONNORs LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants CIVIL ACTION–LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the foregoing Answer to the New Matter Cross-Claim of Defendant, Cathy A. Leppo, against April L. Ford, Timothy G. Christ and Susan J. Krawchuk, was served by first class mail, postage prepaid, addressed as follows: Donna L. Hotham Kevin D. Rauch, Esquire 138 Sable Drive Summers, McDonnell, Carlisle, PA 17013 Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Christopher M. Reeser, Esquire Mechanicsburg, PA 17050 Marshall, Dennehey,Warner, Coleman & Goggin George H. Eager, Esquire 4200 Crums Mill Road, Suite B Eager, Spinello, Quinn & Stengel Harrisburg, PA 17112 1347 Fruitville Pike Lancaster, PA 17601 CONNORs LAW,LLP BY: Patricia Burns Horn, Esquire Attorney for Defendant, DATE: �— 0 Susan J. Krawchuk • CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PA • v. • NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, : a a w rTi 0:7 SUSAN J. KRAWCHUK, and .� CATHY A. LEPPO, n rte'— r f?:� Defendants • CIVIL ACTION—LAW r -,�' c.n d`s PRAECIPE FOR SUBSTITUTION OF VERIFICATION 5' Kindly substitute the attached Verification executed by Susan J. Krawchuk to be attached to the Answer to New Matter Crossclaim of Defendant, April L. Ford against Cathy A. Leppo, Timothy G. Christ and Susan J. Krawchuk. Respectfully submitted, CONNORS LAW,LLP By: r Patricia Burns Horn, Esquire Attorneys for Defendant, Susan J. Krawchuk Date: July 2, 2013 CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, : IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PA • v. • • NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, : SUSAN J. KRAWCHUK, and CATHY A. LEPPO, • Defendants • CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Praecipe for Substitution of Verification was served by first class mail, postage prepaid, addressed as follows: Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 Christopher M. Reeser, Esquire Marshall, Dennehey,Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 George H. Eager, Esquire Eager, Spinello, Quinn&Stengel 1347 Fruitville Pike Lancaster,PA 17601 • Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie& Skeel,LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Connors Law, LLP By: Patricia Burns Horn, Esquire Attorneys for Defendant, Susan J. Krawchuk Date: July 2, 2013 CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PA • v. • NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, : SUSAN J. KRAWCHUK, and • CATHY A. LEPPO, Defendants • CIVIL ACTION—LAW PRAECIPE FOR SUBSTITUTION OF VERIFICATION Kindly substitute the attached Verification executed by Susan J. Krawchuk to be attached to the Answer to New Matter Crossclaim of Defendant, Cathy A. Leppo against April L. Ford, Timothy G. Christ and Susan J. Krawchuk. Respectfully submitted, CONNORS LAW,LLP By: C Patricia Burns Horn, Esquire Attorneys for Defendant, Susan J. Krawchuk Date: July 2, 2013 • CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Susan J. Krawchuk Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 DONNA L. HOTHAM, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PA • v. • • NO. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, : SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants : CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Praecipe for Substitution of Verification was served by first class mail, postage prepaid, addressed as follows: Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 Christopher M. Reeser, Esquire Marshall, Dennehey,Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 George H. Eager, Esquire Eager, Spinello, Quinn&Stengel 1347 Fruitville Pike Lancaster,PA 17601 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel,LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Connors Law, LLP By: Patricia Burns Horn, Esquire Attorneys for Defendant, Susan J. Krawchuk Date: July 2, 2013 VERIFICATION Susan J. Krawchuk, Defendant, deposes and is authorized to sign this verification. She has reviewed the facts set forth in the foregoing Answer to the New Matter Cross-Claim of Defendant, April L. Ford, against Cathy A. Leppo, Timothy G. Christ and Susan J. Krawchuk, and the facts set forth are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. _4 at/4/1 -__ i _a:. .. Susan J. Kra �7 k DATE: PIM-4 q82_013 VERIFICATION Susan J. Krawchuk, Defendant, deposes and is authorized to sign this verification. She has reviewed the facts set forth in the foregoing Answer to the New Matter Cross-Claim of Defendant, Cathy A. Leppo, against April L. Ford, Timothy G. Christ and Susan J. Krawchuk, and the facts set forth are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. .4 . . I t I!∎g1 _1_ usan J. Kraw �k DATE: '1t1_L L I U-0F F 1 C E � # ry7 RY f r- , 011 + 110-�� 4b � + DUFNIBERLAND COUNT`( P E NNi "tL ANIA MARSHALL DENNEHEY WARNER COLEMAN& GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant MOTION FOR SANCTIONS OF DEFENDANT APRIL L. FORD FOR PLAINTIFF'S FAILURE TO COMPLY WITH THIS COURT'S ORDER DATED MAY 8 2013 TO PROVIDE FULL COMPLETE AND VERIFIED RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Plaintiff, Donna L. Hotham, initiated this matter via Writ of Summons filed on May 31, 2012. 2. Plaintiff filed her Complaint in this matter on August 29, 2012. 3. This matter arises out of a chain reaction motor vehicle accident that occurred on July 5, 2010, on Pennsylvania State Highway 581 in Camp Hill, Cumberland County, Pennsylvania. 1 05/1059865.vl 4. Plaintiff alleges negligence against Moving Defendant Ford and Defendants Timothy G. Christ, Susan J. Krawchuk and Cathy A. Leppo. S. Moving Defendant served Plaintiff with Personal Injury Interrogatories, Expert Interrogatories and Request for Production of Documents through her counsel with correspondence dated August 6, 2012. See true and correct copy of Defendant's correspondence attached hereto as Exhibit A. 6. After Plaintiff failed to provide full, complete, and verified responses to Moving Defendant's discovery requests, Moving Defendant filed a Motion to Compel Plaintiffs overdue responses. 7. The Honorable Edward Guido granted Moving Defendant's Motion to Compel and issued an Order compelling Plaintiff to provide full, complete, and verified discovery responses within 30 days of May 8, 2013. 8. To date, Plaintiff has not provided any responses or objections, or contacted Moving Defendant's counsel to discuss the overdue discovery- 1 9. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may, on motion,make an appropriate order if (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision (a) of this Rule may make (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things, or testimony, or from introducing evidence of physical or mental condition; 2 05/1059865A (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 10. Without Plaintiffs responses to Moving Defendant's discovery requests, Moving Defendant is unable to prepare its complete defense in this matter. 11. In order to sanction Plaintiff for her failure to comply with the May 8, 2013, Court Order, Moving Defendant respectfully requests an Order stating Plaintiff shall make no claim for delay damages under Rule 238 of the Pennsylvania Rules of Civil Procedure. Additionally, Moving Defendant requests that this Court order Plaintiff to provide full, complete, and verified responses to Moving Defendant's discovery requests within 30 days of this Court's Order or Moving Defendant will seek dismissal of Plaintiffs claims, with prejudice, if she fails to produce the overdue discovery responses. 12. Moving Defendant continues to be prejudiced by Plaintiffs continued vexatious behavior delaying this litigation. Also, Moving Defendant has been unreasonably burdened and has also unnecessarily burdened this Court with filings which have led to this Court's inefficient use of its time. 13. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2(d), Moving Defendant's counsel requested Plaintiffs concurrence in this Motion with its correspondence dated June 14, 2013. See Exhibit B attached hereto. 14. Plaintiff did not respond to Moving Defendant's request for concurrence. 3 0511059865.vl 15. Moving Defendant's counsel further certifies that he has served a true and correct copy of this Motion and all Exhibits to Plaintiff at her home address of 138 Sable Drive, Carlisle, PA. WHEREFORE Defendant April Ford respectfully requests this Honorable Court grant her Motion for Sanctions and prohibit Plaintiff from recovering any Rule 238 delay damages, and order Plaintiff to provide full, complete and verified responses to Moving Defendant's discovery requests within thirty (30) days or suffer dismissal of her claims, with prejudice, upon Moving Defendant's further motion to this Honorable Court. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant Ford ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: July 23, 2013 4 05/1059865.0 �: 1 i i �'� A [REGIONAL DEFENSE LITIGATION 1.Aw FIRM ftrmsyv raA D$r.Awmm MARSHALL, DENNEHEY, WARNER, COLEMAN 8 110GGIN Bethlehem Wilmington Doylestown A P R O F E S S I O N A L C O R V O R A T I O N www.marshalldennehey.com Erie arrisb Akron King of Prussia �Lfl,l/ Philadelphia ProRmw Pittsburgh Ft.Lauderdale Scranton Jacksonville 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Williamsport Orlando (717) 651-3500 • Fax (717) 651-9630 NswJBas$r Tampa Cherry Hill NEwYata Roseland New York Direct Dial: 717-651-3509 Email: cmreeser@mdwcg.com August 6, 2012 1[Ein:11 W. Scott Henning, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg,,PA 17110 RE: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 D/L: 6-15-2010 MDWCG File No. 13571-00131 Dear Mr. Henning: Enclosed please find the following discovery demands that Defendant, April L. Ford, hereby serves upon Plaintiff, Donna L. Hotham: (X) Personal Injury Interrogatories directed to Plaintiff; (X) Expert Interrogatories directed to Plaintiff; and (X) Request for Production of Documents directed to Plaintiff. Thank you for your cooperation and consideration. Very truly } s, Christopher M. Reeser CMR/lj w cc: Bart W. Holmes, Esquire Timothy G. Christ Cathy A. Leppo _ _ _ _ k f � J i i + _. i MARSHALL ALL DEN1 •I EHEY PENNSYLVANIA DELAWARE Bethlehem Wilmington WARNER COLEMAN & GOGGIN Doylestown OHIO ATTORNEYS-AT-LAW WWWAARSHALLDENNEHEYCOM Erie Cleveland Harrisburg A PROFESSIONAL CORPORATION King of Prussia FLORIDA Philadelphia Ft. Lauderdale 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Jacksonville Pittsburgh Orlando (717) 651-3500 • Fax(717) 651-9630 Scranton Tampa NEW JERSEY NEW YORK Direct Dial: 717-651-3509 Cherry Hill Long Island Roseland New York City Email: cmreeser @mdwcg.com June 14, 2013 Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 RE: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 D/L: 6-15-2010 NMWCG File No. 13571-00131 Dear Ms. Hotham: As you may, it has been more than 30 days since the Court Order dated May 8, 2013, ordered you to provide full, complete and verified discovery responses to our outstanding discovery requests. To date, I have received no responses or objections from you concerning our discovery requests. Accordingly, we are permitted to move for the imposition of sanctions against you for your failure to comply with the Court Order. I have enclosed a courtesy copy of our Motion for Sanctions. Please be advised that we are required by the Court of Common Pleas of Cumberland Local Rules to seek your concurrence or non-concurrence in this Motion. Please let me know by the close of business on Friday, June 21, 2013, whether or not you concur in this Motion. Of course if you wish to discuss this matter,please do not hesitate to contact me. Very truly yours, (z;—W, Christopher M. Reeser CMR/AMD/dak Enclosure 05/1059890.v1 MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN By: Christopher M.Reeser,Esquire PA ID No.73632 4200 Crums Mill Road Harrisburg,PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L.Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant MOTION FOR SANCTIONS OF DEFENDANT APRIL L. FORD FOR PLAINTIFF'S FAILURE TO COMPLY WITH THIS COURT'S ORDER DATED MAY 8,2013,TO PROVIDE FULL, COMPLETE,AND VERIFIED RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Plaintiff, Donna L. Hotham, initiated this matter via Writ of Summons filed on May 31, 2012. 2. Plaintiff filed her Complaint in this matter on August 29, 2012: 3. This matter arises out of a chain reaction motor vehicle accident that occurred on July 5, 2010, on Pennsylvania State Highway 581 in Camp Hill, Cumberland County, Pennsylvania. 4. Plaintiff alleges negligence against Moving Defendant Ford and Defendants Timothy G. Christ, Susan J. Krawchuk and Cathy A. Leppo. 5. Moving Defendant served Plaintiff with Personal Injury Interrogatories,Expert Interrogatories and Request for Production of Documents through her counsel with correspondence dated August 6, 2012. See true and correct copy of Defendant's correspondence attached hereto as Exhibit A. 1 05/1059865.vl 6. After Plaintiff failed to provide full, complete, and verified responses to Moving Defendant's discovery requests, Moving Defendant filed a Motion to Compel Plaintiffs overdue responses. 7. The Honorable Edward Guido granted Moving Defendant's Motion to Compel and issued an Order compelling Plaintiff to provide full, complete, and verified discovery responses within 30 days of May 8, 2013. 8. To date, Plaintiff has not provided any responses or objections, or contacted Moving Defendant's counsel to discuss the overdue discovery. 9. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may, on motion, make an appropriate order if (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) . The court, when acting under subdivision(a) of this Rule may make (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents,things, or testimony, or from introducing evidence of physical or mental condition; (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 2 05/1059865.x1 10. Without Plaintiffs responses to Moving Defendant's discovery requests, Moving Defendant is unable to prepare its complete defense in this matter. 11. In order to sanction Plaintiff for her failure to comply'with the May 8, 2013, Court Order, Moving Defendant respectfully requests an Order stating Plaintiff shall make no claim for delay damages under Rule 238 of the Pennsylvania Rules of Civil Procedure. Additionally, Moving Defendant requests that this Court order Plaintiff to provide full, complete, and verified responses to Moving Defendant's discovery requests within 30 days of this Court's Order or Moving Defendant will seek dismissal of Plaintiffs claims, with prejudice, if she fails to produce the overdue discovery responses. 12. Moving Defendant continues to be prejudiced by Plaintiffs continued vexatious behavior delaying this litigation. Also, Moving Defendant has been unreasonably burdened and has also unnecessarily burdened this Court with filings which have led to this Court's inefficient use of its time. 13. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2(d), Moving Defendant's counsel requested Plaintiffs concurrence in this Motion with its correspondence dated June , 2013. Plaintiff did not respond to Moving Defendant's request for concurrence. See Exhibit B attached hereto. 14. Moving Defendant's counsel further certifies that he has served a true and correct copy of this Motion and all Exhibits to Plaintiff at her home address of 138 Sable Drive, Carlisle, PA. WHEREFORE Defendant April Ford respectfully requests this Honorable Court grant her Motion for Sanctions and prohibit Plaintiff from recovering any Rule 238 delay damages, and order Plaintiff to provide full, complete and verified responses to Moving Defendant's 3 05/1059865.v1 discovery requests within thirty(30) days or suffer dismissal of her claims, with prejudice, upon Moving Defendant's further motion to this Honorable Court. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant Ford ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: 4 05/1059865.v1 DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff VS. No. 12-3456 APRIL L. FORD,TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant ORDER AND NOW this day of , 2013, upon consideration of Defendant April Ford's Motion for Sanctions, and any response thereto, said Motion is GRANTED. IT IS HEREBY ORDERED that Plaintiff Donna L. Hotham is prohibited from recovering any Rule 238 delay damages. It is further ORDERED that Plaintiff shall provide full, complete,and verified responses to Defendant April Ford's Interrogatories, Expert Interrogatories, and Request for Production of Documents within thirty (30) days of the date of this Order or suffer dismissal of her claims, with prejudice, upon Defendant April Ford's application to this Court as provided under Pa.R.C.P. 4019. BY THE COURT: J. Distribution List—See attached 1 05/1059865.x1 Distribution List: Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 Plaintiff Kevin L. Connors, Esquire Patricia Burns Horn, Esquire Connors Law 140 S. Village Avenue, Suite 120 Exton, PA 19341 Attorney for Defendant Krawchuk Kevin D. Rauch, Esquire Summers McDonnell Hudock Guthrie & Skeel,PC 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ George H. Eager, Esquire Eager Stengel Quinn& Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Attorney for Defendant Leppo Christopher M. Reeser,Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant Ford 2 05/1059865.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire . c.D ID No. 73632 ) 4200 Crums Mill Road ,�o C) Harrisburg, PA 17112 '91 Cn u c- 717-651-3509 c - � Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on July 23, 2013, I served a copy of Defendant April Ford's Motion for Sanctions via first Class United States mail, postage prepaid as follows: Donna L. Hotham Kevin D. Rauch, Esquire 138 Sable Drive Summers McDonnell Hudock Carlisle, PA 17013 Guthrie & Skeel, PC Plaintiff 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ Kevin L. Connors, Esquire Patricia Burns Horn, Esquire George H. Eager, Esquire Connors Law Eager Stengel Quinn & Sofilka 140 S. Village Avenue, Suite 120 1347 Fruitville Pike Exton, PA 19341 Lancaster, PA 17601-4001 Attorney for Defendant Krawchuk Attorney for Defendant Leppo Christopher . Reeser MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant ORDER AND NOW this Oky-W7 2013, upon day of�../u! p consideration of Defendant April Ford's Motion for Sanctions, said Motion is GRANTED. IT IS HEREBY ORDERED that Plaintiff Donna L. Hotham is prohibited from recovering any Rule 238 delay damages. It is further ORDERED that Plaintiff shall provide full, complete, and verified responses to Defendant April. Ford's Interrogatories, Expert Interrogatories, and Request for Production of Documents within thirty (30) days of the date of 1 05/1059865.v 1 ti this Order or suffer dismissal of her claims, with prejudice, upon Defendant April Ford's application to this Court as provided under Pa.R.C.P. 4019. BY COU T: J. Distribution List: /Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 Plaintiff /'Kevin L. Connors, Esquire Patricia Burns Horn, Esquire Connors Law 140 S. Village Avenue, Suite 120 Exton, PA 19341 Attorney for Defendant Krawchuk �Kevin D. Rauch, Esquire Summers McDonnell Hudock Guthrie & Skeel, PC y Q 100 Sterling Parkway, Suite 306 Q =1 c:) Mechanicsburg, PA 17050 Attorney for Defendant Christ .> George H. Eager, Esquire Eager Stengel Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Attorney for Defendant Leppo ,Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant Ford 2 05/1059865.v1 FTNF PiRMTi-iW40TAR'' c� 2MAUG —2 AM 1} 12 WMBERLAO CLIUtq y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, CIVIL DIVISION Plaintiff, NO. 12-3456 V. MOTION FOR STATUS CONFERENCE APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK, and CATHY A. (Jury Trial Demanded) LEPPO, Defendants. Filed on Behalf of the Defendant, Timothy G. Christ Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, CIVIL DIVISION Plaintiff, V. NO, 12-3456 APRIL FORD, TIMOTHY G. CHRIST, (Jury Trial Demanded) SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants. MOTION FOR,STATUS CONFERENCE AND NOW, comes the Defendant, Timothy Christ, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C, and Kevin D. Rauch, Esquire, and files the following Motion for Status Conference and in support thereof avers the following: . . 1. On September 26, 2012, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiff's Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by October 26, 2013. 3. On January 8, 2013, Defendant's counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. 4. Due to his client's non-compliance in responding to these discovery requests, the Plaintiffs counsel filed a Petition to Withdraw Representation on January 28, 2013. 5. On March 18, 2013, the Honorable Edward E. Guido entered an Order granting Plaintiff's counsels request to withdraw representation. 6. On May 3, 2013, Counsel for Defendant, April Ford, filed a Motion to Compel Plaintiff's Discovery Responses. 7. Defendant, April Ford's Motion was granted by Judge Guido on May 8, 2013. 8. On July 24, 2013, Counsel for Defendant, April Ford, filed a Motion for Sanctions against the Plaintiff, alleging her failure to comply with the Order of May 8, 2013. 9. Over one-hundred Twenty (120) days have elapsed since the withdrawal of Plaintiff's counsel, in that time the Plaintiff has failed to obtain new counsel, refused to reply to discovery requests served upon her, and ignored inquires from counsel for the Defendant regarding the same. 10. Counsel believes this matter would be best served through a Status Conference to discuss the aforementioned disputes. 11. Counsel has received no opposition to this motion. WHEREFORE, Defendant, Timothy Christ, respectfully request this Honorable 1 Court enter an Order for a Status Conference in the aforementioned matter for Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff. { i i Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHR1E & SKEEL, P.C. By: K in D. Rauch, Esquire C unsel for Defendant, Timothy G. Christ i l e i i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, CIVIL DIVISION Plaintiff, V. NO. 12-3456 APRIL FORD, TIMOTHY G. CHRIST, (Jury Trial Demanded) SUSAN J. KRAWCHUK, and CATHY A. LEPPO, Defendants. ORDER AND NOW, this day of 20 , upon consideration of Defendant,,Timothy G. Christ's Motion for Status Conference and any response thereto, IT IS HEREBY ORDERED that a Status Conference is scheduled for day of 2013 at in BY THE COURT Judge Distribution List: Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie &Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 Donna L. Hotham; 138 Sable Drive, Carlisle, PA 17013 Christopher M. Reeser, Esquire; Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 George H. Eager, Esquire; Eager, Stengel, Quinn & Sofilka, 347 Fruitville Pike Lancaster, PA 17601 Patricia B. Horn, Esquire; Connors Law, LLP, 140 S. Village Ave. #120, Exton, PA 19341 r I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR STATUS CONFERENCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1St day of August, 2013. i Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 i (Pro se Plaintiff) Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin i 4200 Crums Mill Road, Suite B j Harrisburg, PA 17112 (Attorney for Defendant, April L. Ford) i George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 (Attorney for Defendant, Cathy A. Leppo) i Patricia B. Horn, Esquire Kevin L. Connors, Esquire Connors Law, LLP f 140 S. Village Ave. #120 Exton, PA 19341 f (Attorney for Defendant, Susan Krawchuk) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & K EL C. By: K` vin D. Rauch, Esquire Counsel for Defendant, Timothy G. Christ t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA L. HOTHAM, CIVIL DIVISION Plaintiff, V. NO. 12-3456 ._°} APRIL FORD, TIMOTHY G. CHRIST, '' fi (Jury Trial Demanded) ��-=- SUSAN J. KRAWC'HUK, and CATHY A. -< " ` ICD' LEPPO, Defendants. ORDER AND NOW, this/Ay4ay of^aa4c' 20&?, upon consideration of Defendant, Timothy G. Christ's Motion for Status Conference and any response thereto, IT IS HEREBY ORDERED that a Status Conference is scheduled for ,40 day of 2013 at A in BY THE COURT 1 Judge Distribution List: Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 ,/Donna L. Hotham; 138 Sable Drive, Carlisle, PA 17013 _,.-<hhristopher M. Reeser, Esquire; Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 George H. Eager, Esquire; Eager, Stengel, Quinn & Sofilka, 347 Fruitville Pike Lancaster, PA 17601 atricia B. Horn, Esquire; Connors Law, LLP, 140 S. Village Ave. #120, Exton, PA 19341 t CIF TtH4,i: �'RUTf;D�"C� iA Ry 2013 SEP Qf� 10- 03 CUMBERLAND COUNTY PINNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant MOTION FOR SANCTIONS OF DEFENDANT APRIL L. FORD FOR PLAINTIFF'S FAILURE TO COMPLY WITH THIS COURT'S ORDER DATED JULY 29, 2013, TO PROVIDE FULL, COMPLETE, AND VERIFIED RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Plaintiff, Donna L. Hotham, initiated this matter via Writ of Summons filed on May 31, 2012. 2. Plaintiff filed her Complaint in this matter on August 29, 2012. 3. This matter arises out of a chain reaction motor vehicle accident that occurred on July 5, 2010, on Pennsylvania State Highway 581 in Camp Hill, Cumberland County, Pennsylvania. 1 05/l 093620.v l 4. Plaintiff alleges negligence against Moving Defendant Ford and Defendants Timothy G. Christ, Susan J. Krawchuk and Cathy A. Leppo. 5. Moving Defendant served Plaintiff with Personal Injury Interrogatories, Expert Interrogatories and Request for Production of Documents through her counsel with correspondence dated August 6, 2012. 6. After Plaintiff failed to provide full, complete, and verified responses to Moving Defendant's discovery requests, Moving Defendant filed a Motion to Compel Plaintiffs overdue responses. 7. The Honorable Edward Guido granted Moving Defendant's Motion to Compel and issued an Order compelling Plaintiff to provide full, complete, and verified discovery responses within 30 days of May 8, 2013. 8. Plaintiff did not respond to the May 8, 2013 Court Order. 9. After Plaintiff failed to provide full, complete, and verified responses to Moving Defendant's discovery requests, Moving Defendant filed a Motion for Sanctions requesting the overdue discovery and precluding Plaintiff from recovering any Delay Damages at trial. 10. The Honorable Edward Guido granted Moving Defendant's Motion for Sanctions, and issued an Order precluding Plaintiff from recovering any Delay Damages at trial and compelling Plaintiff to provide full, complete, and verified discovery responses within 30 days of July 29, 2013. 11. To date, Plaintiff has not provided any responses or objections, or contacted Moving Defendant's counsel to discuss the overdue discovery or the case. 12. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may, on motion, make an appropriate order if 2 05/1093620.v 1 (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision (a) of this Rule may make (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents,things, or testimony, or from introducing evidence of physical or mental condition; (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 13. Without Plaintiffs responses to Moving Defendant's discovery requests, Moving Defendant is unable to prepare its complete defense in this matter. 14. In order to sanction Plaintiff for her failure to comply with the May 8, 2013 Court Order and the July 29, 2013 Court Order, Moving Defendant respectfully requests an Order dismissing all of Plaintiffs claims against April Ford. 15. Moving Defendant continues to be prejudiced by Plaintiffs continued vexatious behavior delaying this litigation. Also, Moving Defendant has been unreasonably burdened and has also unnecessarily burdened this Court with filings which have led to this Court's inefficient use of its time. 3 05/1 093620.v 1 16. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2(d), Moving Defendant's counsel requested Plaintiffs concurrence in this Motion with its correspondence dated August 28, 2013 (sent regular and certified mail). See Exhibit A attached hereto. 17. Plaintiff did not respond to Moving Defendant's request for concurrence. 18. Moving Defendant's counsel further certifies that he has served a true and correct copy of this Motion and the Exhibit to Plaintiff at her home address of 138 Sable Drive, Carlisle, PA. WHEREFORE Defendant April Ford respectfully requests this Honorable Court grant her Motion for Sanctions and dismiss all of Plaintiff Hotham's claims against Ms. Ford, with prej udice. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Christopher M. Reeser, Esquire Attorney for Defendant Ford ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: September 4, 2013 4 05/1093620.v 1 1 , ', -MARSHALL DENNEHEY PENNSYLVANIA DELAWARE Bethlehem Wilmington WARNER COLEMAN &GOGGIN Doylestown OHIO Erie Cleveland Harrisburg A PROFESSIONAL CORPORATION King of Prussia FLORIDA • Ft. Lauderdale Philadelphia Jacksonville 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Pittsburgh Orlando (717) 651-3500 • Fax (717) 651-9630 Scranton Tampa NEW JERSEY NEW YORK Cherry Hill Long Island Direct Dial: 717-651-3509 Roseland New York City Email: cmreeser @mdwcg.com August 28, 2013 VIA REGULAR AND CERTIFIED MAIL, RRR Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 RE: Donna L. Hotham v. April L. Ford, et als. Cumberland County Court of Common Pleas; No. 12-3456 Claim No. 2010008044 D/L: 6-15-2010 MDWCG File No. 13571-00131 Dear Ms. Hotham: As you are aware, Judge Ebert Ordered you to produce full, complete and verified responses to my client, April Ford's, discovery requests by August 29, 2013. To date, I have received no telephone calls or discovery responses from you. Accordingly, I have enclosed a courtesy copy of our second Motion for Sanctions for your failure to comply with the Court Order. Consistent with the Local Rules, we are required to seek your concurrence in this motion. To that end,please advise by the close of business Tuesday, September 3, 2013 whether or not you concur in our motion. Please be advised that if we do not hear from you on that date, we will file our motion for sanctions on September 4, 2013. Thank you for your cooperation and consideration. Very truly yours, Christopher M. Reeser CMR/AMD/ljw Enclosure cc: Kevin D. Rauch, Esquire w/encls. Kevin L. Connors, Esquire/Patricia Burns Horn, Esquire w/encls. George H. Eager,Esquire w/encls. 440 USPS.com®-Track a I temet.Exp o e °I I�i.�e� File Edit View Favorites Tools Help 60vI � https:/Jtools.us s.com/go/TrackConfirrn�lctionSin ut.actic�n?tlal�els=7011=011(?=060Q-8699 5:, t X P p 3` -1 .; . .. uses tracking '0 i r i I Favorites I L' starConflict-Conflict Req., �starClose-Matter Close *Open tsds MDWCG 13iscom Delivery... �`r j Translate English to Vietn... j USPS:com®-Track&Confirm �� i 7 E Page Safety Tools English . �'Customer Service U SP Mtobi1. 1& Register/Sign to ,r".arl/USPS.Co Search USPS.con1 or Track Packages Q Shop BusinessSoutions f . .. . . 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Reeser, Esquire PA ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant MOTION FOR SANCTIONS OF DEFENDANT APRIL L. FORD FOR PLAINTIFF'S FAILURE TO COMPLY WITH THIS COURT'S ORDER DATED JULY 29,2013,TO PROVIDE FULL, COMPLETE, AND VERIFIED RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Plaintiff, Donna L. Hotham, initiated this matter via Writ of Summons filed on May 31, 2012. 2. Plaintiff filed her Complaint in this matter on August 29, 2012. 3.' This matter arises out of a chain reaction motor vehicle accident that occurred on July 5, 2010, on Pennsylvania State Highway 581 in Camp Hill, Cumberland County, Pennsylvania.. 1 05/1093620.0 4. Plaintiff alleges negligence against Moving Defendant Ford and Defendants Timothy G. Christ, Susan J. Krawchuk and Cathy A. Leppo. 5. Moving Defendant served Plaintiff with Personal Injury Interrogatories,Expert Interrogatories and Request for Production of Documents through her counsel with correspondence dated August 6, 2012. 6. After Plaintiff failed to provide full, complete, and verified responses to Moving Defendant's discovery requests, Moving Defendant filed a Motion to Compel Plaintiffs overdue responses. 7. The Honorable Edward Guido granted Moving Defendant's Motion to Compel and issued an Order compelling Plaintiff to provide full, complete, and verified discovery responses within 30 days of May 8, 2013. 8. Plaintiff did not respond to the May 8, 2013 Court Order. 9. After Plaintiff failed to provide full, complete,and verified responses to Moving Defendant's discovery requests, Moving Defendant filed a Motion for Sanctions requesting the overdue discovery and precluding Plaintiff from recovering any Delay Damages at trial. 10. The Honorable Edward Guido granted Moving Defendant's Motion for Sanctions, and issued an Order precluding Plaintiff from recovering any Delay Damages at trial and compelling Plaintiff to provide full, complete, and verified discovery responses within 30 days of July 29, 2013. 11. To date, Plaintiff has not provided any responses or objections, or contacted Moving Defendant's counsel to discuss the overdue discovery or the case. 12. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may, on motion, make an appropriate order if 2 O5/1093620.v1 (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision(a) of this Rule may make (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things, or testimony, or from introducing evidence of physical or mental condition; (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient parry or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 13. Without Plaintiffs responses to Moving Defendant's discovery requests, Moving Defendant is unable to prepare its complete defense in this matter. 14. In order to sanction Plaintiff for her failure to comply with the May 8, 2013 Court Order and the July 29, 2013 Court Order, Moving Defendant respectfully requests an Order dismissing all of Plaintiffs claims against April Ford. 15. Moving Defendant continues to be prejudiced by Plaintiffs continued vexatious behavior delaying this litigation. Also, Moving Defendant has been unreasonably burdened and has also unnecessarily burdened this Court with filings which have led to this Court's inefficient use of its time. 3 O5/1093620.v1 16. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2(d), Moving Defendant's counsel requested Plaintiffs concurrence in this Motion with its correspondence dated See Exhibit A attached hereto. 17. Plaintiff did not respond to Moving Defendant's request for concurrence. 18. Moving Defendant's counsel further certifies that he has served a true and correct copy of this Motion and the Exhibit to Plaintiff at her home address of 138 Sable Drive, Carlisle, PA. WHEREFORE Defendant April Ford respectfully requests this Honorable Court grant her Motion for Sanctions and dismiss all of Plaintiff Hotham's claims against Ms. Ford, with prejudice. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant Ford ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: 4 05!1093620.v 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant ORDER AND NOW this day of , 2013, upon consideration of Defendant April Ford's Motion for Sanctions, and any response thereto, said Motion is GRANTED. IT IS HEREBY ORDERED that Plaintiff Donna L. Hotham's claims against Defendant April Ford are dismissed with prejudice consistent with the authority provided under Pa.R.C.P. 4019(a)(1)(c)(5). BY THE COURT: 1 05/1093620.v 1 J. Distribution List: Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 Plaintiff - Kevin L. Connors, Esquire Patricia Burns Horn, Esquire Connors Law 140 S. Village Avenue, Suite 120 Exton, PA 19341 Attorney for Defendant Krawchuk Kevin D. Rauch, Esquire Summers McDonnell Hudock Guthrie & Skeel, PC 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ George H. Eager, Esquire Eager Stengel Quinn& Sofilka 1347 Fruitville Pike Lancaster, PA 17601-4001 Attorney for Defendant Leppo Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant Ford 2 05/1093620.v 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No, 12-3456 APRIL L. FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK CIVIL ACTION—LAW and CATHY A. LEPPO JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE 1, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on September 4, 2013, 1 served a copy of Defendant April Ford's Second Motion for Sanctions via first Class United States mail,postage prepaid as follows: Donna L. Hotham Kevin D. Rauch, Esquire 138 Sable Drive Summers McDonnell Hudock Carlisle, PA 17013 Guthrie& Skeel, PC Plaintiff 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ Kevin L. Connors, Esquire Patricia Bums Horn, Esquire George H', Eager, Esquire Connors Law Eager Stengel Quinn & Sofilka 140 S. Village Avenue, Suite 120 1347 Fruitville Pike Exton, PA 19341 Lancaster, PA 17601-4001 Attorney for Defendant Krawchuk Attorney for Defendant Leppo Christopher M. Reeser DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. APRIL FORD, TIMOTHY G. CHRIST, SUSAN J. KRAWCHUK: and CATHY A. LEPPO, : CIVIL ACTION - LAW Defendants : NO. 12-3456 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 6th day of September, 2013, the Plaintiff having failed to appear at the status conference and having failed to prosecute this action since her counsel ' s withdrawal, a hearing on Defendant Ford' s Motion for Sanctions in the form of a dismissal shall be held on October 15, 2013, at 9: 30 a.m. in Courtroom Number 3 of the Cumberland County Courthouse. Plaintiff is advised that her failure to appear at said hearing may very well result in the dismissal of this action as to all Defendants . By the Court, Edward E . Guido, J. .,,IZKevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P .C. 100 Sterling Parkway, Suite 306 Z3 Mechanicsburg, PA 17050 rn U)r- Donna L. Hotham -<> C-S 138 Sable Drive r-x Carlisle, PA 17013 C3-rj -:7 < 4(Xj r � Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 /George H. Eager, Esquire J Eager, Stengel, Quinn & Sofilka 347 Fruitville Pike Lancaster, PA 17601 Patricia B. Horn, Esquire Connors Law, LLP 140 South Village Avenue #120 Exton, PA 19341 : lfh lac. es /YLa►' 9/16//-3 DONNA L. HOTHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • V. . • APRIL FORD, TIMOTHY G. CHRIST, : SUSAN J. KRAWCHUK, and CATHY . A. LEPPO, CIVIL ACTION - LAW Defendants NO. 12-3456 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 15th day of October, 2013, the Plaintiff having failed to appear at the time and place set for the hearing on the Defendants ' Motion for Sanctions, this action is dismissed as to all Defendants with prejudice. By the Cour Edward E. Guido, J. Donna L. Hotham 138 Sable Drive Carlisle, PA 17013 /Allison M. Domday, Esquire /// Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 /Kyle W. Krombach, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P. C. 100 Sterling Parkway, Suite 306 ,..,Mechanicsburg, PA 17050 t._,. rri ° Patricia B. Horn, Esquire '� c--.)Connors Law, LLP c f _, 140 South Village Avenue #120 )'' -.4 F` Exton, PA 19341 �--�. L hn M. Sofilka, Esquire Eager, Stengel, Quinn & Sofilka - -,, 347 Fruitville Pike Lancaster, PA 17601 : lfh , 0-00pils /72, ILEcl___, /4 7fr? _ :22/77 { L mo•' 1"1i ' !t-HO r I OTTi'ti; I2 I [� J• PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID No. 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM • COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. • No. 12-3456 APRIL L. FORD, TIMOTHY G. : CHRIST, SUSAN J. KRAWCHUK : CIVIL ACTION—LAW and CATHY A. LEPPO • JURY TRIAL DEMANDED Defendant • PRAECIPE FOR CHANGE OF ADDRESS To the Prothonotary: Kindly note the change of address of counsel for Defendant April L. Ford, from 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 to: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Phone: 717-651-3509 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMA■ :• OGGIN By: Chr st• : er M. Reeser, Esquire Attorney for Defendant ID# 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 Dated: October 28, 2013 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID No. 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 Our File No. 13571-00131 Attorney for Defendant April L. Ford DONNA L. HOTHAM • COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff vs. • No. 12-3456 APRIL L. FORD, TIMOTHY G. : CHRIST, SUSAN J. KRAWCHUK : CIVIL ACTION—LAW and CATHY A. LEPPO • JURY TRIAL DEMANDED • Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October 28, 2013, I served a copy of Defendant April Ford's Praecipe for Change of Address via first Class United States mail, postage prepaid as follows: Donna L. Hotham Kevin D. Rauch, Esquire 138 Sable Drive Summers McDonnell Hudock Carlisle, PA 17013 Guthrie & Skeel, PC Plaintiff 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christ Kevin L. Connors, Esquire Patricia Burns Horn, Esquire George H. Eager, Esquire Connors Law Eager Stengel Quinn & Sofilka 140 S. Village Avenue, Suite 120 1347 Fruitville Pike Exton, PA 19341 Lancaster, PA 17601-4001 Attorney for Defendant Krawchuk ; - •rney for Defendant Leppo Christo• er M. Reeser