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Home My WebLink About06-0059SHOLLENBERGER & JAN UZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff THOMAS GOLLICK, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OL - SI LARRY HESS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED C) ?L?-an 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 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 G:\GLOHAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\COMPLAINT.doc SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff THOMAS GOLLICK, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY HESS, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demands. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 2 G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\COMPLAINT.doc SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff THOMAS GOLLICK, SR., Plaintiff V. LARRY HESS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C?, - S-? CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Thomas Gollick, Sr., by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Thomas Gollick, Sr., is an adult individual who currently resides at 1809 Willow Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Larry Hess, is an adult individual whose last known address is 8024 Orchard Road, Hummelstown, Dauphin County, Pennsylvania 17036. 3. The facts and circumstances hereinafter set forth took place on October 27, 2005 at or about 1:52 p.m. on Calvery Road at its intersection with Suncrest Drive in North Middleton Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Thomas Gollick, Sr., was the 3 G:\GLODAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\COMPLAINT.doc operator of a 2005 Harley Davidson motorcycle. 5. At the aforesaid time and place, Defendant, Larry Hess, was the operator of a 1993 Ford F250. 6. At the aforesaid time and place, Plaintiff, Thomas Gollick, Sr., was operating the motorcycle on Calvery Road in the northbound lane. 7. At the aforesaid time and place, Defendant, Larry Hess, was also operating the Ford F250 traveling in the northbound lane of Calvery Road but to the rear of the Plaintiff's motorcycle. 8. At the aforesaid time and place, Plaintiff, Thomas Gollick, Sr., activated the motorcycle's right turn signal about one tenth of a mile before the intersection and then began to slow the motorcycle in order to make a right turn onto Suncrest Drive. 9. At the aforesaid time and place, Defendant, Larry Hess, proceeded to pass the Plaintiff's motorcycle on the right side within a zone where work was being done by a crew working on the sewer lines and at a place on the roadway at which passing on the right was prohibited whereupon the 1993 Ford F250 struck the Plaintiff's motorcycle. 10. As a result of the aforesaid collision, Plaintiff, Thomas Gollick, Sr., has suffered serious and permanent injuries, including but not limited to the following: a. Right shoulder injury; b. Right hand injury; C. Left calf injury; d. Injury to his left ribs; 4 G:\CLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\COMPLAINT.doc e. Right elbow contusion; f. Severe shock to the nerves and nervous system; and g. Mental and physical anguish. 11. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Larry Hess, in operating the 1993 Ford F250 in a careless, reckless, and negligent manner as follows: a. In failing to observe Plaintiff's vehicle on the highway; b. In failing to operate his vehicle in accordance with existing traffic conditions; C. Passing the motorcycle that the Plaintiff was operating when there was only one northbound lane of travel on Calvery Road; d . Failing to drive his/her vehicle as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the defendant had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code; e. Overtaking and passing another vehicle on the right even though the other vehicle was not about to make a left turn or was not upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaken vehicle in violation of §3304 The PA. Motor 5 G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\COMPLAINT.doc Vehicle Code; f. Driving his motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a) of The PA. Motor Vehicle Code; g. In failing to keep the vehicle he was operating within the proper lane; h. In failing to keep a reasonable look-out for other vehicles lawfully on the road; and k. Overtaking and passing the motorcycle being operated by the Plaintiff on the right when such movement could not be made with safety in violation of section 3304 (b) of the PA. Motor Vehicle Code. 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, Thomas Gollick, Sr., has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Thomas Gollick, Sr., has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Thomas Gollick, Sr., has and/or may in the future incur a loss of earning capacity for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Thomas Gollick, Sr., 6 G:\GLOHAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\COMPLAINT.doc has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 16. As a further result of this collision, Plaintiff, Thomas Gollick, Sr., has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 17. As a further result of the aforesaid injuries, Plaintiff, Thomas Gollick, Sr., has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. Plaintiff, Thomas Gollick, Sr., was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff, Thomas Gollick, Sr., remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 19. As a result of the collision, the physical damage to Plaintiff's vehicle was estimated to be $3,529.65. A copy of this estimate is attached hereto as Exhibit A. Plaintiff claims reimbursement for this amount and for such additional amounts as may become necessary to return the motorcycle to its condition prior to this collision. 20. Plaintiff had the following items on at the time of the wreck which were damaged as a result thereof, the replacement value of which Plaintiff claims reimbursement from the Defendant: 7 G:\GLOEAL\WPDATA\DOCS\TIM CASE FILES- OPEN\GOllick, Thomas\Pleadings\COMPLAINT.doc a. Helmet; b. Leather jacket; and c. Gloves. WHEREFORE, Plaintiff, Thomas Gollick, Sr., demands judgment against Larry Hess for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANLIZZI, LLP 8 G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Gollick, Thomas\Pleadings\CONIPLAINT.doc 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) ?? ? ? oc ?, ?, ,? -? t__ -? 'r ? . ?.i__ G? ,i ,. j (J ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOLLICK THOMAS SR VS HESS LARRY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HESS LARRY but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLT,INTERROGAT, REQ PR County, Pennsylvania, to On January 31st , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 Postage 1.66 So answers R.'Thomas Kline Sheriff of Cumberland County 75.91 01/31/2006 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this 7 day of d o-b?s A.D. Prot f y in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania Thomas Gollick Sr. vs. Larry Hess No 06-59 civil Now, January 4, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphirn County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this V day of 20 20,, at o'clock M. served the COSTS SERVICE MILEAGE AFFIDAVIT the contents thereof. County, PA of Q ?shrr- iff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin GOLLICK THOMAS SR vs HESS LARRY Sheriff's Return No. 0018-T - - -2006 OTHER COUNTY NO. 06-59 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:January 24, 2006 at 12:40PM served the within NOTICE & COMPLAINT & INTERROGATORIES upon HESS LARRY by personally handing to MARY HESS, WIFE OF LARRY 1 true attested copy(ies) of the original NOTICE & COMPLAINT & INTERROGATORIES and making known to him/her the contents thereof at 8024 ORCHARD RD HUMMELSTOWN, PA 17036-0000 Sworn and subscribed to before me this 25TH day of JANUARY, 2006 C9?????r'? (J mss/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, 41(-- Sheriff of DD uphin County, Pa. d v: 7 C By 1 Depu y Sheriff Sheriff's Costs:$37.25 PD 01/06/2006 RCPT NO 213566 FRITZ Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 THOMAS GOLLICK, SR., Plaintiff V. LARRY HESS, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-59 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendant, Larry Hess, in the above-captioned matter. JOHNWN, DUFFIE, STEWART & WEIDNER DATE: /7/Dln 268650 ?etterson j. 5nipman, tsgs ttorneys 1. D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 7 06 Timothy A. Shollenberger, Esquire Shollenberger and Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER J brson J. Shipman, Esquire I.#: 51785 P. . Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant 268640 _, - ? ? _ ? ? , ?} --? c,: i'' ? C77 - ? , :i r" ?? t tii ,. . t , C;; Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant THOMAS GOLLICK, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-59 CIVIL TERM LARRY HESS, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Timothy A. Shollenberger, Esquire Shollenberger and Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff YOU ARE HEREBY Notified to plead to the enclosed New Matter within twenty (20) days of service hereof in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER lz?l DATE: y?¢e f G(o 268651 Jtffcfson J. Shipman, Esfluire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 THOMAS GOLLICK, SR., Plaintiff V. LARRY HESS, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-59 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Larry Hess, by and through his counsel, Johnson, Duffie, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the following Answer and New Matter to Plaintiffs Complaint: FACTS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is specifically denied that Plaintiff, Thomas Goolick, Sr., activated the motorcycle's right turn signal about one-tenth of a mile before the intersection and then began to slow the motorcycle in order to make a right turn onto Suncrest Drive. 9. Admitted in part, denied in part. It is admitted only that Mr. Hess was in the process of passing the Plaintiff's motorcycle on the right side when the Plaintiff's motorcycle struck the Hess vehicle. The remainder of the allegations of Paragraph 9 are conclusions of law and fact to which no response is required. 10. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. The averments contained in Paragraph 11, and subparagraphs (a) through (k), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. To the contrary, Mr. Hess was maintaining observation of the Plaintiff's vehicle along the highway; (b) Denied. To the contrary, Mr. Hess was operating his vehicle his vehicle in accordance with existing traffic conditions; (c) Denied as stated. To the contrary, there was more than sufficient room for Mr. Hess to safely pass the Plaintiff. (d) Denied as stated. There was more than sufficient road clearance in order for Mr. Hess to safely maneuver around the Plaintiff. Further, it is specifically denied that Mr. Hess was in any way in violation of the Pennsylvania Motor Vehicle Code. (e) Denied. To the contrary, there was more than sufficient room on the roadway to safely maneuver around the Plaintiff. Further, it is specifically denied that Mr. Hess was in any way in violation of the Pennsylvania Motor Vehicle Code; (f) Denied. To the contrary, Mr. Hess did not operate his motor vehicle in such a manner as to deprive the motorcycle of the full use of its lane of travel. Further, Mr. Hess in no way was in violation of the Pennsylvania Motor Vehicle Code; (g) Denied. To the contrary, Mr. Hess was not in any way negligent in allegedly failing to keep his vehicle within the proper lane; (h) Denied. To the contrary, Mr. Hess did keep a reasonable look-out for other vehicles on the road; and (k) sic. Denied. It is specifically denied that Mr. Hess was in violation of the Pennsylvania Motor Vehicle Code. 12. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to Plaintiffs alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15, relating to Plaintiffs alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 18. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. After reasonable investigation, Mr. Hess is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Larry Hess, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant, Larry Hess, interposes the following New Matter defenses: 21. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 22. That the Plaintiffs comparative negligence included the following: (a) Making an improper turn; (b) Using improper turning signals; (c) Failing to observe the Hess vehicle in sufficient time to avoid a collision; (d) Failing to be attentive to traffic conditions; (e) Failing to maintain a proper position within his lane of travel; and (f) Failing to use hand signals. 23. That the Plaintiffs comparative negligence was a substantial factor and/or factual cause of the happening of the accident. 24. That the accident may have been caused by third parties or entitles not presently involved in this action, including the Commonwealth of Pennsylvania, Department of Transportation, for causing a dangerous condition of the highway. 25. That the accident may have been unavoidable. 26. That the Plaintiff may have failed to mitigate his damages. 27. That the Plaintiffs injuries may have been pre-existing. 28. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Financial Responsibility Law. WHEREFORE, the Defendant, Larry Hess, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, DATE: 268640 JOHNSON, DUFFIE, STEWART & WEIDNER 4qfferson J. Shipman, Esfuire ?ftorneys I.D. #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com Attorneys for Defendant VERIFICATION I, Larry Hess, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I ve(jt Tat all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. Larry He-71 DATE: 268657 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 7- /2-0/o6 Timothy A. Shollenberger, Esquire Shollenberger and Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By lie Je erson J. Shipman, Esquire I. R. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant 268640 i ? . 1 '. ? ,-? t PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: EN for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) TIK]UAS GDLLICK, SR., (Plaintiff) VS. LARRY HESS, (check one) Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 8/21/07 and Trials commence on 9/17/07 (Defendant) Pretrials will be held on 8/29/07 VS. (Briefs are due S days before pretrials No. 06-59 , Civi I Term Indicate the attorney who will try case for the party who files this praecipe: Timothy A. Shollenberger, Esquire; Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire; Johnson, Duffie, Stewart 6 Weidner P. O. Box 109, Lemoyne, PA 17043 This case is ready for trial. Date: P-007 Signed: Print Name: Timothy A. ShoI Ienberger, Esquire Attorney for: P l a i n t i f f C'? ? a ['"" ? ? {_ t „? ?? r?. ?.? ? y ? ? '1 #17 THOMAS GOLLICK, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LARRY HESS, JURY TRIAL DEMANDED Defendant 06-59 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 29th day of August, 2007, a pretrial conference was held before Edgar B. Bayley, Judge. Present for the Plaintiff was Timothy A. Shollenberger, Esquire, and for the Defendant, Jefferson J. Shipman, Esquire. This case arises out of a motorcycle accident on October 27, 2005, in North Middleton Township. Plaintiff was operating the motorcycle and was hit from behind by a truck operated by Defendant. Defendant admits liability. The issues at trial will be causation and damages. Plaintiff seeks general non-economic damages, work loss, and payment for some of his medical bills. Estimated time of trial is two days. Timothy A. Shollenberger, Esquire 2225 Millennium Way Enola, PA 17025 For the Plaintiff Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043 For the Defendant Cy ca m C tv -? Court Admin Prothonotary pcb SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attorneys for Plaintiff THOMAS GOLLICK, SR., Plaintiff V. LARRY HESS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-59 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, ended, and discontinued with prejudice. Respectfully submitted, Dated: OC6beg 1 9oo 7 SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attorneys for Plaintiff THOMAS GOLLICK, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY HESS, Defendant NO. 06-59 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of October 2007, 1 hereby certify that I have served the following Praecipe to Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP By: C7 . cn 3t' y cn