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HomeMy WebLinkAbout06-0461L - MICu ?t)a V'y 1? MC- CAy* ,J2 vs. AShl-cAi Marie. L )(mc T LPOJSr--0 .l yue' In the Court of Common Pleas of Cumberland County, Pennsylvania No. n1. - L/(e I Civil, 19 N l ?RSre- - a- 1A I -f, ?- o'F- din w? wI wl s Ofi V?ei? rrr ryW\t:S 3>3 Oa.kl, V?M'dd lx? ? n P(? ?---? U s? To Prothonotary J a nuGa ONP -4M vwey for Plaintiff No. Term, 19 vs. ass s-n ??L pt PRAECIPE S Filed 19 c k-11 3yy l? l 73a2kSAtty. a Commonwealth of Pennsylvania County of Cumberland Tracy L. McCurdy and Daniel D. McCurdy, Jr., Plaintiffs V. No. Ashley Mane Louer and Denise D. Loner, Defendants To Ashley Mane Louer and Denise D. Loner: You are hereby notified that Tracy L. McCurdy and Daniel D. McCurdy, Jr. have commenced an action against you. Date: By: ?d6 Hly-) 1 0 IW, tq ;4 ' Prothonotary Deputy I(pq? b3 WI( ?WNQ- Ntm) CIA Yo 6vt (aAAJ 1 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas TRACY L. MCCURDY DANIEL D. MCCURDY, JR. Plaintiff Vs. No 06-461 CIVIL TERM ASHLEY MARIE LOUER DENISE D. LOUER 313 OAK MILL DRIVE MIDDLETOWN, PA 17057 In CivilAction-Law Defendant To ASHLEY MARIE LOUER AND DENISE D. LOUER, You are hereby notified that TRACY L. MCCURDY AND DANIEL D. MCCURDY, JR., the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) P y Date JANUARY 24, 2006 By Deputy Attorney: Name: TRACY L. MCCURDY DANIEL D. MCCURDY, JR. Address: 1646 LOWELL LANE NEW CUMBERLAND, PA 17070 Attorney for: Pro Se Telephone: 717-497-6466 Supreme Court ID No. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCURDY TRACY L ET AL VS LOUER ASHLEY MARIE ET AL 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 LOUER ASHLEY MARIE but was unable to locate Her deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On February 14t1i , 2006 , this office was in receipt of t attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 41.25 Postage .78 So answers ! ' - - R. Thomas Kli Sheriff of Cumberland County 79.03 02/14/2006 DANIEL & TRACY MCCURDY Sworn and subscribed to before me this l7 day of ?Q..? ari (o A.D.y rothon ry In The Court of Common Pleas of Cumberland County, Pennsylvania Tracy L. McCurdy et al vs. Ashley Marie Louer et al SERVE: Ashley Marie Louer No. 06-461 civil January 27, 2006 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA County to execute this Writ, this Affidavit of Service Now, 20_, at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this ` day of 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA (office of c o12;hrr ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MCCURDY TRACY L vs LOVER ASHLEY MARIE Sheriff's Return No. 0164-T - - -2006 OTHER COUNTY NO. 06-461 AND NOW:February 8, 2006 SUMMONS at 12:04PM served the within LOUER ASHLEY MARIE to TERRY LOVER - PERSON IN CHARGE upon by personally handing 1 true attested copy(ies) of the original SUMMONS 1J and making known to him/her the contents thereof at 313 OAK WILL DR MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 9TH day of FEBRUARY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 01/30/2006 RCPT NO 214234 WONG SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCURDY TRACY L ET AL VS LOUER ASHLEY MARIE ET AL 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 LOUER DENISE D to wit: 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 On February 14th , 2006 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answera -- ' ' Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County nn u.u? 02/14/2006 DANIEL & TRACY MCCURDY Sworn and subscribed to before me this day of A. Protho ry In The Court of Common Pleas of Cumberland County, Pennsylvania Tracy L. McCurdy et al vs. Ashley Marie Louer et al SERVE: Denise D. Louer No 06--461 civil Now, January 27, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 20at o'clock M. served the by banding to a and made known to copy of the original So answers, the contents thereof Sheriff of COSTS Sworn and subscribed before SERVICE me this day of , 20 NUEAGE _ AFFIDAVIT County, PA Mifire Of t4Q ?$4-exiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MCCURDY TRACY L vs LOUER ASHLEY MARIE Sheriff's Return No. 0164-T - - -2006 OTHER COUNTY NO. 06-461 AND NOW:February 8, 2006 SUMMONS at 12:04 PM served the within LOUER DENISE D to TERRY LOUER - PERSON IN CHARGE upon by personally handing 1 true attested copy(ies) of the original SUMMONS u? and making known to him/her the contents thereof at 313 OAK KILL DR MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 9TH day of FEBRUARY, 2006 1?1 A----I NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 So Answers, Sheriff of Dauphin ?County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 01/30/2006 RCPT NO 214234 WONG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOVER, Defendants. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and CIVIL DIVISION DANIEL D. McCURDY, JR., Plaintiffs, NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. (Jury Trial Demanded) 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, L.L.P., on behalf of the Defendants, Ashley Marie Louer and Denise D. Louer, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEET„ L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been fm `ailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this I `t'h_tiay of , 2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendants ,?, -., , s;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and CIVIL DIVISION DANIEL D. McCURDY, JR., Plaintiffs, NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Tracy I. McCurdy and Daniel D. McCurdy, Jr., to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: (JC ?G 1 Gk't4ZG/ `? WD. Rauch, Esquire nsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this J& day of 2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin D. Rauch, Esquire unsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. (Jury Trial Demanded) ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. RULE AND NOW, this o2y-Ik , day of 943 2t L 2006, upon consideration of Defendants' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ,?L-/4kday of L , 2006. ' Pro n to / I i ?-il c. SHOLLENBERGER & JANUZZI, LLP 2225 Millenium Way Enola, PA 17025 Telephone Number: (717) 728-3200 TRACY L. McCURDY and DANIEL D. McCURDY, JR. Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED To Prothonotary: Please enter the appearance of Timothy A. Shollenberger, Esquire, of Shollenberger & Januzzi, LLP, whose address is 2225 Millennium Way, Enola; Pennsylvania 17025 as Attorneys for Tracy L. McCurdy and Daniel D. McCurdy, Jr., the Plaintiffs in above captioned case. Dated: Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Timothy A. Shollenberger, Esquire I.D. #34343 Adam T. Wolfe, Esquire I.D. #201057 G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\McCurdy, Tracy\Crash 1.28.04\Pleadings\Praecipe for Entry of Appearance 5.5.06 Ums].doc - er ? CCi:' p . ?.1 J -, co "t7 _ 'F-jt'F7 e? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED Notice YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER B JANUZZI, LLP 2225 Millmnlum Way; Enola, PA 17025 (717) 728-3200 • FAX (717) 728 3400 www.sholryanlawx= SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants N©TIC1A LE HAN DEMANDADO A USTED 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 demanda. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER & JANIIZZI, LLP 2225 Millennium Way; Enota, PA 17025 (717) 728-3200 • FAX (717) 728-3a00 www.sholl)anlaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED Complaint AND NOW, comes the Plaintiffs, Tracy and Daniel McCurdy, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: COUNTI Tracy McCurdy v. Ashley Marie Louer 1. Plaintiff, Tracy McCurdy, is an adult individual who currently resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Daniel McCurdy, is an adult individual who currently resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania 17055. 3. Plaintiffs, Tracy and Daniel McCurdy, are husband and wife, having been married on September 13, 2002. 3 SHOLLENBERGER & JANUZZI, LLP 2225 Mlllenniom Way; Enola, PA 17025 (717) 7283200 • FAX (717) 7283100 www.sholljanlawxom 4. Defendant, Ashley Marie Louer, is an adult individual whose last known address is 313 Oak Hill Drive, Middletown, PA 17057. 5. Defendant, Denise D. Louer, is an adult individual whose last known address is 313 Oak Hill Drive, Middletown, PA 17057. 6. The facts and circumstances hereinafter set forth took place on January 28, 2004 at or about 8:45 PM at the intersection of the Carlisle Pike and Gateway Drive in Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Plaintiff, Tracy McCurdy was the operator of a 2003 Ford Explorer. 8. At the aforesaid time and place, Defendant, Ashley Marie Louer was the operator of a 2003 Ford Focus, which was owned by Defendant, Denise D. Louer. 9. At the aforesaid time and place, Plaintiff, Tracy McCurdy was operating the 2003 Ford Explorer in the middle eastbound travel lane of the Carlisle Pike. 10. At the aforesaid time and place, Defendant, Ashley Marie Louer was operating the 2003 Ford Focus in the right hand southbound travel lane of Gateway Drive. 11. At the aforesaid time and place, the traffic signal governing southbound traffic on Gateway Drive was red. 12. At the aforesaid time and place the traffic signal governing eastbound traffic on the Carlisle Pike was green. 13. At the aforesaid time and place, Defendant Ashley Marie Louer entered the intersection while the traffic signal governing traffic on Gateway Drive was still red, 4 SNOLLENBERGER & JANNZZI, LLP 2225 Millennium Way; Enola, PA 17025 (717) 7283200 • FAX (717) 72834W .".sholpanlaw.mm whereupon the vehicle she was operating struck the vehicle being operated by the Plaintiff, Tracy McCurdy, who had driven her vehicle into the intersection. 14. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Ashley Marie Louer, in operating the 2003 Ford Focus in a careless, reckless, and negligent manner as follows: a. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; b. In failing to properly observe traffic signals controlling defendant's direction of travel; and c. Failing to stop her vehicle before entering the intersection when facing a steady red traffic control signal in violation of Section §3112 (a) (3) (i) of The PA. Motor Vehicle Code. 15. As a result of the aforesaid collision, Plaintiff, Tracy McCurdy, has suffered serious and permanent injuries, including but not limited to the following: a. Left scapular injury with fibromyalgia like symptoms; b. strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; C. mental and physical anguish; and d. aggravation of previously asymptomatic degenerative joint/disc disease of the thoracic spine. 16. As a direct and proximate result of the aforesaid injuries, Plaintiff, Tracy McCurdy, has undergone and in the future will undergo great pain and suffering for 5 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 • FAX (717)728.3400 www.sholijanlawxom which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, Tracy McCurdy, suffered and may continue to suffer a loss of earnings for which damages are claimed. 18. As a further result of this collision, Plaintiff, Tracy McCurdy, has and/or may incur reasonable and necessary medical and 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. 19. As a further result of the aforesaid injuries, Plaintiff, Tracy McCurdy, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, Tracy McCurdy, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 21. As a further result of the aforesaid injuries, Plaintiff, Tracy McCurdy, has incurred or may hereinafter incur financial expenses and losses, which exceed sum recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 22. Plaintiff, Tracy McCurdy, was the named insured on a policy of insurance issued to her by State Farm Mutual Automobile Insurance Companies bearing policy number 050530-1303-3813 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the 6 SHOLLENBERGER & JANUZZI, LLP 2225 Millmnlum Way; Enola, PA 17025 (717) 728-3200 • FAX (717) 728.3400 www.sholljanlaw.c= declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit A. Therefore, Plaintiff Tracy McCurdy remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. 23. As a result of the collision, the physical damage to Plaintiffs vehicle was estimated to be $1748.46 A copy of this estimate is attached hereto as Exhibit B. 24. Plaintiff has paid $500 to repair the collision related damage to her vehicle for which she claims reimbursement from Defendant. 25. Plaintiff believes and therefore avers that 42 Pa. C.S.A. Section 7102 (b.1) subtitled "Recovery against joint defendant; contribution" is unconstitutional and therefore unenforceable in this action because it was passed in violation of Article III, Sections 1, 2, 3, and 4 of the Pennsylvania Constitution and in violation of the "single subject rule" and is a law that was passed as part of another bill in a manner consistent with the prohibited concept of "legislative logrolling". See also DeWeese v. Weaver, 824 A.2d 364 (Pa Cmwlth 2003) WHEREFORE, Plaintiff Tracy McCurdy demands judgment against Ashley Marie Louer for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II - NEGLIGENT ENTRUSTMENT 26. Paragraphs 1 through 25 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 7 SHOLLENBERGER & JANUZZI, LLP 2235 Millennium Way; Enola, PA 17015 (717) 718-3200 • FAX (717) 728-3400 www.shollJanlaw.com 27. The aforesaid collision is the direct and proximate result of the Defendant Denise Louer allowing the Defendant Ashley Marie Louer to operate the 2003 Ford Focus when she knew or should have known that Defendant Ashley Marie Louer would likely operate the 2003 Ford Focus in such a manner as to create an unreasonable risk of harm to other drivers on the roadway because Defendant Ashely Marie Louer has a history of negligent or reckless driving on occasions prior to January 28, 2004. WHEREFORE, Plaintiff Tracy McCurdy demands judgment against Denise Louer for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III - LOSS OF CONSORTIUM Daniel McCurdy v. Ashley Marie Louer 28. Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 29. As a further result of injuries sustained by his wife, Plaintiff, Daniel McCurdy, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. s SNOLLENBERGER B JANUZZI, LLP 2225 Millmnium Way; Enola, PA 17025 (717) 728-3200 • FAX (717) 728-3400 www.sholl(anlawx= WHEREFORE, Plaintiff, Daniel McCurdy demands judgment against Defendants, Ashley Marie Louer, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Date: .5a 'Ta 6 6 Timothy A. oll6b Attorney l.D #34343 GIGLOBALM12DATA\DOMPleadings A[WcCurdy, Tracy Complaint v. Louer.doc 9 SHOLLENBERGER & JANUZZI, LLP 2225 MIUmnium Way; Enola, PA 17025 (717) 7283200 • FAX (717) 728-3400 w .sholl)anlawx m A State Farm Mutual Automobile Insurance Company One State Farm Dr Concordville PA 19339 NAMED INSURED 38.6202.556S MCCURDY, TRACY a DANIEL 1646 LOWELL LN NEW CUMBERLND PA 17070-2239 II,IIIIrIItli„IIIrllllur?,Illr,l,Il,Ilri,l„IIIrIIIIIIIIII,I DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. /Z7 12-0-b MU IL VVL DECLARATIONS PAGE NAIC11 25178 PAGE 1 OF 2 POLICY NUMBER 630530-B03-38B POLICY PERIOD SEP 12 2003 to FEB 03 2004 AGENT WILLIAM P KEENER INS AGCY 816 STATE ROAD MARYSVILLE, PA 17053-2001 PHONE: (717)957-2110 1 2000 PONTIAC BONNEVILLE 4DR 1 G2HZ541 OY4292427 1 D30102 $312.41 2 2003 FORD EXPLORER SPORT WG 1FMZU73K83ZB51861 1D31-1402 $275.46 2000 2003 Limits of Liability-Covers a A-Bodil In'u RCN $250000 5001000 seliid>SI <. Each Accident Medical Payments $12.37 $13.94 Each Person Ot11v% D100 $100 Deductible Comprehensive $33.83 $30.54 RI Car RentaVrravel Ex apses $11.43 $11.43 Each Dav Each Occurrence Each Person Each Accident ,$t'thtllQ ? ., . W__ Underinsured Motor Vehicle $26.62 $26.62 j t %W Form Mutual Automobile Insurance Company ?" fz 0 """' ` ` l _t pe Sta a ea 19339 DECLARATIONS PAGE NAIC# 25178 PAGE 2OF2 NAMED INSURED 38-6202-5565 POLICY NUMBER 53 0530-B03.38B MCCURDY, TRACY B DANIEL I POLICY PERIOD SEP 12 2003 to FEB 03 2004 1646 LOWELL LN NEW CUMBERLND PA 17070-2239 BOX FJNAgC GMAC W 252 H I 5, HUDSON OH INSURED) CCCCAMT1Lj , P O BO X 23830, TUCS O N AZ 857 34-3830. ARM 0 102 81 OLICYA PROVIDE FULQE?6UEDO #I NAND PNYSICA AMA 1 LOSS PAYEE-CAB I OVEAGE. 7747336 ?ko 1 5 2 2 9 5 DANIEL D MCCURDY JR TRACY L MCCURDY 1646 LOWELL LANE NEW CUMBERLAND, PA 17070 HOME: 717-774-7336 BUS: 717-791-5182 *INVOICE* PAGE 1 UnFF& SUTLIFF CAPITAL FORD IOW Street P.O. . Box 1737 FlBrrisburg, rg, PA 17105 (717)31H511 ea (717111bFORD (36731 PAX: (71717311111 ADVISOR: OPTIONS: STK:23T478 DLR: G:99K 4.OL SOHC V6 FLE A REPAIR FRONT DAMAGE BS1 BODYSHOP METAL REPAIR. 8422 CPMB 33.DD 33;pD 1 1L2Z*17D957*PAC CVR ASY-FRT BMPR 490.62 490.62 490.62 1 1L2Z*17K946*BAD GRL-FRT BMPR'LWR LH; 43:€03 43':D3 43.D3 ' 1 1L2Z*17K946*BAC GRL-FRT BMPR LWR RH 43.03 43.03 43.03 1 1L2Z*17A385*AAA BRKTFRT LIC?VLT 1 :9D 1 .9D 12.+3D 1 1L2Z*8190*AA PNL RAD GRL OPG 311.88 311.88 311.88 1 1L2Z*17K945*AAB GRL-:FRT HMPRILf"1!R 69=2? S1i.Z? i13•7 :'. B PAINT FRONT DAMAGE BS2 BODYSHOP PAINT REPAIR. 5395 CPPB 2''8.04 2$. p0 MISC PAINT AND MATERIAL' Cppg 120.00 120.00 IF YCW HAVE iANY QUESTIOA75 ABOUT I REPAIR VISIT TODAY', PLEASE S YC)tJR SERVICE ADVISOR (DTSPL34M AT THE 1?OP RIGHT Alm' i 4 YDU E INVOICE) 1I.M AN EXPLANATION OF CHARGES OR WARRANT11 SERVICES THANK YOU FOR PATRONAGE TERMS: STRICTLY CASH UNLESS ARRANGEMENTS MADE LIMITED WARRANTY .GE&cRInTR3N,;. TOTALS ' ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE t d S i /P LABOR AMOUNT 560.00 INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE arts ors warran e erv ce , 12,000 miles or 12 months PARTS AMOUNT 969.73 SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO whichever occurs first. This whichever OIL GAS LURE OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE exclude or does not , , Q, OQ VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED CTED IN ANY WAY WITH ANY CO modify modify any other warranty SUBLET AMOUNT 0.00 UNDER THIS CLAIM HAD BEEN NNE NEGLIGENCE OR MISUSE RECORDS SUPPORTING THIS CLAIM T prescribed by law. Labor DISCOUNTS 00 120 , . ACCIDEN charges are booed on prevailing . ARE AVAILABLE FOR 111 YEAR FROM THE DATE PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY hourly labor rates - TOTAL CHARGES 1649.73 times motors manual MANUFACTURER'S REPRESENTATIVE. suggested time schedule. LESS INSURANCE 33.83 SALES TAX 98 , 8 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) UST MER NA PLEASE PAY THIS AMOUNT CUSTOMER COPY co ) Ti; r - " te rn r:: w a _ e SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 TRACY L. McCURDY and DANIEL D. McCURDY, JR. Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants The undersigned certifies that on May 11, 2006, the Office of the Attorney General received notice by registered mail of the Plaintiffs intention to challenge the constitutionality of the following statute: 42 Pa. C.S.A. Section 7102 (b.1) Recovery against joint defendant; contribution. A copy of the return receipt is attached hereto as Exhibit A. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 4qKogy/. o b e s Attorney I.D. #34343 GAGLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\McCurdy, Tracy\Crash 1.28.04\Pleadings\Proof of Notice to Atty General re constit challenge.doc 4/ 11. Postage $ _ p Y D Certified Fee Return Receipt Fee e (Fndorsernent Required) Postmark O Restricted Delivery Fee Here rl (Eudoexment Requiretl) Q' ru • Total Postage & Fees J r ?er?era l fowl m ????r7T Gt?aA /G lip, -'.005 US Postal Service Certified Mail Receipt 2. Ankle Number 1"160 3`IUL 9842 .. newsw? wnvmlr tG1IY rOC/ /e 849), ; PS Form 3811, January 20 MAy 1 22006 Dams@* Paw t C- ?A ?-- N rn Q rPt,, CUP Z D?. ? C i'L: .. IV prn i 4 i v v vi, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. CIVIL DIVISION NO. 06-461 Civil Term (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendants, Ashley Marie Louer and Denise D. Louer, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: COUNT I - TRACY McCURDY v. ASHLEY MARIE LOVER 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. 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. 3. 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. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part, It is admitted that Defendant, Ashley Marie Louer, was the operator of a 2003 Ford Focus at the time, place, and date of the subject accident. It is specifically denied that the 2003 Ford Focus was owned by Defendant, Denise D. Louer. To the contrary, the registered owner of the vehicle was Terry L. Louer. 9. Admitted in part, denied in part. It is admitted that the Plaintiff, Tracy McCurdy, was operating a 2003 Ford Explorer at the time, place, and date of the subject accident. The remainder of the averments in Paragraph 9 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. 11. Paragraph 11 is denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. 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. 13. Paragraph 13 is denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 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. 15. Paragraph 15 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. 16. Paragraph 16 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. 17. Paragraph 17 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. 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. Paragraph 19 states legal a 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. 20. Paragraph 20 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. 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. 22. Paragraph 22 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. 23. Paragraph 23 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. 24. Paragraph 24 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. 25. Paragraph 25 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, Defendants, Ashley Marie Louer and Denise D. Louer, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT II - NEGLIGENT ENTRUSTMENT 26. In response to Paragraph 26, the Defendants reiterate and repeat all their responses in Paragraphs 1 through 25 as if fully set forth at length herein. 27. Paragraph 27 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, it is specifically denied that Denise D. Louer acted in a negligent or careless manner. To the contrary, Ms. Louer acted in a reasonable and prudent manner at all times. WHEREFORE, Defendants, Ashley Marie Louer and Denise D. Louer, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT III - LOSS OF CONSORTIUM DANIEL McCURDY V. ASHLEY MARIE LOVER 28. In response to Paragraph 28, the Defendants reiterate and repeat all their responses in Paragraphs 1 through 27 as if fully set forth at length herein. 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, Defendants, Ashley Marie Louer and Denise D. Louer, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 30. 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. 31. 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. 32. To the extent that the Plaintiffs have selected the limited tort option or are 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. 33. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendants, Ashley Marie Louer and Denise D. Louer, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this = =-4 - day of 2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, ".P. By: ... , LVMVIIfor Defendants VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her 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 she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she 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. Dater-`mil v IUW:IpTU-A, ASHLE MARIE OUER #14541 VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her 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 she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she 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 unswom falsification to authorities. Date: s / ?-- DEN SE D. LOUER #14541 ? ?., ? _-> z- -n ? N .-n. n .;?r1 7; '` ra n '.' "? O SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TRACY L. McCURDY and DANIEL D McCURDY, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY MARIE LOUER and DENISE D LOUER, Defendants NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiffs, Tracy L. McCurdy and Daniel D. McCurdy, Jr., by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, file their Reply to New Matter of Defendants, Ashley Marie Louer and Denise D. Louer, and, in support thereof, respectfully represents the following: 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. SHOLLENBERGER & JANUZZI,LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106.0545 (717) 234-3700 • FAX (717) 234-8212 www.sholljantaw.com 1029(e). 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the Defendants' New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. Respectfully submitted, Date SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Ti y A. Sger, uir Attorney I.D. #34343 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX (717) 234-8212 www.shol[jantaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY MARIE LOUER and DENISE D. LOUER, NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants CERTIFICATE` OF SERVICE AND NOW this 1St of June, 2006, 1 hereby certify that I have served the following Plaintiffs' Reply to Defendants' New Matter on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jason P. Wrona, Esquire Summers, McDonnell, Hudock, Guthrie, and Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLEN5ERGER & JANUZZI, LLP By: Ti D. oa,. ?Nvz 2 2oo6 -TI -7a ,. - C> i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. PRAECIPE FOR WITHDRAWAL OF SUBPOENA (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14541 4 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and CIVIL DIVISION DANIEL D. McCURDY, JR., Plaintiffs, NO. 06-461 Civil Term V. (Jury Trial Demanded) ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. PRAECIPE FOR WITHDRAWAL OF SUBPOENA TO: PROTHONOTARY Kindly withdraw the subpoena issued against Ace Property and Casualty Company in the above-referenced matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Lt 0'' 0 ?mA K) , Kevin D. Rauch, squire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Withdrawal of Subpoena has been mailed by U.S. '1 to counsel of record via first class mail, postage pre-paid, this /1 day of , 2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: _VZ.44A?( d -Au4410?? Kevin D. Rauch, Esquire Counsel for Defendants C) ? C? Co C.> _77 7 " ` t,fJ 1 I IN THE COURT OF C MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY nd CIVIL DIVISION DANIEL D. McCURD , JR., Plaintiffs, NO. 06-461 Civil Term V. STIPULATION FOR DISMISSAL OF DEFENDANT, DENISE D. LOUER ASHLEY MARIE LOUR and DENISE D. LOUER, (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14541 r? IN THE COURT OF TRACY L. McCURDY DANIEL D. McCURD` Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOU DENISE D. LOUER, Defendar (Jury Trial Demanded) STIPULATION FOR DISMISSAL OF DEFENDANT, DENISE D. LOUER AND NOW and through their atto MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JR., and es the Defendants, Ashley Marie Louer and Denise D. Louer, by , Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Stipulation: The undersigned parties' hereby stipulate and agree that Denise D. Louer is dismissed from the Obove-captioned case with prejudice. The case caption will now read Tracy L. McCurdy and Daniel D. McCurdy, Jr. v. Ashley Marie Louer. Respectfully subm SHOLLENBERGER 4i JANUZZI, LLP By: Counsel for Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: d&AtA //J?) Kevin D. Rauch, Esquire Counsel for Defendants I HEREBY CE Dismissal of Defe CERTIFICATE OF SERVICE TIFY that a true and correct copy of the foregoing Stipulation for nt, Denise D. Louer has been mailed by U.S. Mail to counsel of s mail, postage pre-paid, this Sff-- day of 2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. auch, Esquire Counsel for Defendants O V i N c_a rn C'7 i N (D 'A -s7 j r SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 TRACY L. McCURDY and DANIEL D McCURDY, Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of May 2007, 1 hereby certify that I have served the foregoing Plaintiffs' Answers to Defendants' Supplemental Interrogatories to the following via U.S. Mail, postage prepaid: James P. Wrona, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road; Suite 300 Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP r By: Timothy ,A. S Ilenberger, Esq. Attorney I.D. # 34343 G:\TIM CASE FILES- OPEN\McCurdy, Tracy\Crash 1.28.04\Discovery\051007 plfs answers to supp rogs [ah].doc 12 C ?`?? Y 5 -f'- ??? w i.? ? 7 sf 1 r SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 06-461 V. ASHLEY MARIE LOUER and DENISE D. LOVER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND NOW come the Plaintiffs, TRACY and DANIEL McCurdy, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent the following: 1. The above captioned action arose from a motor vehicle collision occurring on January 28, 2004. 2. Defendant requested a Defense Medical Exam ("DME") pursuant to Pa. R.C.P. 4010 originally scheduled for March 21, 2007 at the office of Dr. Craig Sullivan to which Plaintiff agreed. See letter attached as Exhibit "A". 3. The DME for March 21, 2007 was cancelled due to a conflict in Plaintiff's schedule and subsequently rescheduled for April 9, 2007 at Dr. Sullivan's office. See letter attached as Exhibit "B". 4. The DME for April 9, 2007 was cancelled and subsequently rescheduled for May 16, 2007. See letter attached as Exhibit "C". 5. On May 16, 2007, Plaintiff was enroute when she was delayed due to an accident that blocked traffic. Plaintiff informed Defendant she would be twenty to thirty minutes late and Dr. Sullivan 's office cancelled the appointment. See fax attached as Exhibit "D". 6. The DME was rescheduled for May 30, 2007 at the offices of Dr. Craig Sullivan. See letter attached as Exhibit "E". 7. The DME for May 30, 2007 was cancelled by the Defendant due to the illness of the doctor and rescheduled for June 11, 2007. See letter attached as Exhibit "F". 8. The DME for June 11, 2007 was cancelled by the Defendant who informed Plaintiff the doctor would no longer be conducting DMEs. See letter attached as Exhibit "G". 9. The DME was rescheduled for September 6, 2007 att he offices Exhibit Dr. attached Peppelman and subsequently canceled. See letter „H„ 10. The DME was rescheduled for October 4, 2007 and subsequently canceled by Defendant on October 1, 2007. See letter attached as Exhibit "I". 11. Seven (7) attempts to schedule a DME for Defendant's purposes have been made between March 21, 2007 and October , 2007. 2007 to which 12. Defendant has scheduled another DME for December 4, this Motion for Protective Order responds. This DME represents the eighth (8th) attempt and third physician scheduled for Defendant's DME. See letter attached as Exhibit "J". 13. Defendant cancelled DME for December 4, 2007 in a letter dated November 8, 2007 and arbitrarily rescheduled another DME for January 15, 2007 without any scheduling input from Plaintiff's counsel or Plaintiff. This rescheduling represents the ninth (9th) scheduled appointment. See letter attached as Exhibit "K". 14. Plaintiff is a licensed Pennsylvania Attorney and is the Director of Charitable Organizations for the Commonwealth of Pennsylvania. Plaintiff has accommodated the Defendants repeated scheduling and cancellation of appointments to the best of her ability. 15. Pursuant to Pa. R.C.P. 4012, Plaintiff has incurred unreasonable annoyance, burden, and expense in having to repeatedly reschedule her appointments, reserve time for the DME, and otherwise work and family life around the nine (9) different DME appointments 16. Pursuant to C.C.R.P. 208.2(d), Plaintiff did seek concurrence of counsel in a phone conversation on November 12, 2007, and said concurrence was denied. Wherefore, Plaintiff respectfully requests this Honorable Court issue an Order that should the Defendant postpone or reschedule any future defense medical examination, then Defendant shall be precluded from scheduling another, defense medical examination. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Fnothy A. Shollenberger, Esquire A ID No. 34343 Date: November 28, 2007 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 28th day of November 2007, 1 hereby certify that a true and correct copy of the foregoing Plaintiffs' Motion for Protective Order has been served upon the following, Attorney for Defendant, via U.S. Mail: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie, and Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 othy A. Shollenberger, Esq. irney I D#34343 SHOLLENBERGER & JANUZZI, LLP SUMMERS, MC?ONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK. JR. 1017 MUMMA ROAD GREGG A. GUTHRIE PETER B. SKEEL LEMOYNE, PA 17043 PATRICK M. CONNELLY* PHONE: 717-901-5916 JEFFREY C. CATANZARITE FAX: 717.920-9129 KEVIN D. RAUCH February 5, 2007 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: McCurdy v. Louer Our Fife No. 14541 Dear Mr. Shollenberger: H UDOCK, L.L.P. JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P W RONA ERICK V. VIOLAGO JOHN A. LUCY ALSO ADMITTED IN WV Cxamination w? -11 W- i t -on Please be advised that an independent medical has been scheduled for your client, Tracy McCurdy, for Wednesday, March 21, 2007 at 11:00 a.m. This examination will take place with Dr. Craig A. Sullivan at his offices located at 1779 5cn Avenue, York, PA 17403. Please be advised that Dr. Sullivan's cancellation policy is as follows: In the event your client does not attend or fails to notify the doctor within 48 hours of her appointment of non attendance, you will be required to pay the cancellation fee of $150.00. In anticipation of your client's IME, enclosed please find Supplemental Interrogatories. Kindly respond to the same within the timeframe established by the applicable Rules of Civil Procedure. Finally, I subpoenaed your client's films from the following entities: 1. Holy Spirit Hospital; 2. Tristan Associates; 3. Hershey Medical Center; and 4. Magnetic Imaging Center. I also subpoenaed her films and records from Central PA MRI Center. My document retrieval company will contact you regarding waiver of the 20 day objection period. Kindly agree to the same so we can move this matter forward. PITTSBURGH OFFICE: GuL PITTSBURGH, PA'ISYIS f FEB 0 6 2007 :? Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yo JPW:kat Writer's Direct E-mail - tasa-shollianlaw.com February 13, 2007 Jason P. Wrona, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 RE: McCurdy v. Louer Dear Jason: This letter will confirm that the defense medical examination of Tracy McCurdy has been rescheduled for Monday, April 9, 2007 at 11:00 a.m. We understand that this exam is still to take place at the offices of Dr. Craig Sullivan of Orthopedic Surgery Institute in York. As per our February 6, 2007, letter to you, we wish to remind you that our employee, Angela Horchler, will be accompanying Tracy McCurdy to the examination and will make an audio recording of the exam. Again, please advise the examiner of our intentions in this regard. Very truly yours, Timothy A. Shollenberger /ah Enclosures cc: Tracy McCurdy (via email) GATIM CASE FILES- OPEN\McCurdy, Tracy\Crash 1.28.04\DME\021307 to OC re rescheduled dme [ah].doc El- SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, , L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE 1017 MUMMA ROAD PETER B. SKEEL LEMOYNE, PA 17043 PATRICK M. CONNELLY* PHONE: 717-901-5916 JEFFREY C. CATANZARITE FAX 717-920-9129 KEVIN D. PAUCH Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 April 5, 2007 RE: McCurdy v. Louer Our File No. 14541 Dear Mr. Shollenberger: JASON A. HINES ERIN M• BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA ERICK V. V IOLAGO JOHN A. Lucy ALSO ADMITTED IN WV Please be advised that your client's IME scheduled for April 9, 2007 is canceled. It has been rescheduled for Wednesday, May 16, 2007 at 11:00 a.m. The exam will take place with Dr. Craig A. Sullivan at his offices located at 1779 Fifth Avenue, York, PA 17403. Please see my letter dated February 5, 2007 for Dr. Sullivan's cancellation policy. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. JPW:kat Very truly yours, JaW.o APR P ITTSBURGH OFFICE;: GULF T F f- ,yr r 0 a 2007 TSBURGH, PA 15219 -x:11 l C .•: ti o- 05/16/2007 13:14 SUMMERS MCDONNELL F IUDOCK GUTF R I E + ?283400 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P ATTORNEYS AT LAW iTE?+ J. ilwwclls Ttems A. Mc.Nonraw HARRISBURG OFFICE: Asew A Hussar. Je. 1017 MVMMA ROAD dRd" A GuTpipm I-LM14YNE, PA 170A Fffrga & ftu, PAS}Kw M. c www' PHONE; 717401-3914 Jamlcr C CA77raAwTf FAX: 717440.91 Z! K1twr+p, RAUen May 16, 2007 VIA FACSIMILE ONLY 717,728-3400 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2226 Millennium Way Enola, PA 17025 RE: MnCurdv v. Lougr Our File No. : 14541 Dear Mr. Shollenberger: NO. 601 1202 Jason A. Merle "IN 11. NOMA awy s. ', W- Jmm M. IRVS+ MARK J. 4GUIN fwe-YT L. Hsalrm ROWT J. F1661. A Ke+ KNLr L. 1•kmwAY Awpllse, D. Z6MBR JisMCA M, Juusuo AmAMA J. LorKCCLa Ason R Woo" EXCIC V. VKLA" Jaws A. Lucy *U46 AomfTea 01 WV Please allow this letter to confirm that your dient's IME scheduled for today was canceled. I understand that while she was an route, a serious accident blocked traffic on Interstate 63, and she could not present for her 11:00 a.m. appointment. Unfortunately, Dr. Sullivan was unable to see her today at a later time; however, he was sympathetic to the situation and waived the cancellation fee. In any event, I would like to reschedule the IME. Dr. Sullivan proposed two dates • May 30, 2007 at 11:00 a.m. and June 20, 2007 at 11:00 a.m. Please advise if either of these dates Is convenient for your client. I expect that these appointments wlll fill quickly and ask that you let me know of her availability as soon practicable. I look forward to hearing from you shortly. Thank you. Very truly JPW:kan POTTSBURGM GFFIM au6F _ rnsw viw PA -W19 SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK. JR. G REGG A. GUTHRIE 1017 MUMMA ROAD PETER B SKEEL LEMOYNE, PA 17043 PATRICK M. CONNELLY? PHONE: 717-901.5916 JEFFREY C. CATANZARITE FAX: 717-920-9129 KEVIN D. RAUCH . May 22, 2007 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: McCurdy v. Louer Our File No. 14541 Dear Mr. Shollenberger: HUDOCK, L.L.P. JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA ERICK V. VIOLAGO JOHN A. LUCY "ALSO ADMITTED IN WV Please allow this letter to confirm that your client's Independent Medical Examination is rescheduled for May 30, 2007 at 11:00 a.m. with Dr. Craig Sullivan. Please see my letter dated February 5, 2007 for Dr. Sullivan's cancellation policy and office location. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, JPW:kan PITTSBURGH OFFICE: I? EET. PITTSBURGH, PA 16219 MAY 2 3 21? SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK. JR. 1017 MUMMA ROAD GUY E. BLASS GREGG A. GUTHRIE LEMOYNE, PA 17043 JENNIFER M. IRVIN PETER B, .SKEEL PHONE: 717-901-5916 MARK J. GOLEN PATRICK M. CONNELLY* BRETT L. HUSTON JEFFREY C. CATANZARITE FAX: 717.920-9129 ROBERT J. FISHER, JR. KEVIN D. RAUCH KIMBERLY L. HENSLEY ANDREW D. ZEITER (? 2007 Jun 1 JESSICA M. JURASKO , e AMANDA J. LOPICCOLO JASON P WRONA ERICK V. V IOLAGO JOHN A. Lucy Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 'ALSO ADMITTED IN WV RE: McCurdy v. Louer Our File No. 14541 Dear Mr. Shollenberger: Unfortunately, Dr. Sullivan is in the hospital and had to cancel your client's IME scheduled for May 30, 2007. It is rescheduled for Monday, June 11, 2007 at 2:00 p.m. It is my understanding that your client is available for this appointment. Thank you for your professional courtesy in rescheduling this appointment. Should ydu have any questions or concerns regarding the above, please do not hesitate to cont6ct me. Thank you. JPW:kan Very truly yours, J o . WI PITTSBURGH OFFICE: G ET, PITTSBURGH. PA 15219 JUN 0 4 2007. SUMMERS, MCDONNELL H UDOCK , GUTHRIE & SKEEL, , L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JASON A. HINES JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE A 1017 MUMMA ROAD ERIN M. BRAUN BRAUN GUY E. GLASS PETER B. SKEEL LEMOYNE. PA 17043 JENNIFER M. IRVIN PATRICK M. CONNELLY* PHONE: 717-901-5916 MARK J, G EN JEFFREY C. CATANZARITE FAX: 717-920-9129 U T BRETT L. H KEVIN D. RAUCH HER ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO June 19 2007 AMANDA J. LOPICCOLO , JASON P WRONA ERICK V. VIOLAGO JOHN A. Lucy *ALSO .ADMITTED IN WV Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: McCurdv v. Louer Our File No. 14541 Dear Mr. Shollenberger: Pursuant to my phone message on June 7, 2007, the Independent Medical Examination of your client was cancelled by Dr. Sullivan's office. I apologize for any inconvenience; however, it appears that Dr. Sullivan has cancelled all III indefinitely. Therefore, I will seek to reschedule this matter with another Independent Medical Examiner. Once this matter has been rescheduled, I will be certain to notify you promptly. In the meantime, should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. ly yours, hn A. Lucy JAL:Iam PITTSBURGH OFFICE: GULA G PITTSBURGH, PA 15219() ??f??f 111111 1? ?G' ?l . SUMMERS, MCDONNELL, GUTHR{E & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD GREGG A. GUTHRIE PETER B. SKEEL LEMOYNE, PA 17043 PATRICK M. CONNELLY' PHONE: 717.901.5916 JEFFREY C. CATANZARITE FAX: 717-920-9129 KEVIN D. RAUCH *ALSO ADMITTED IN WV **ALSO ADMITTED IN OH July 18, 2007 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: McCurdy v. Louer Our File No. 14541 Dear Mr. Shollenberger: H UDOCK, L.L.P. JASON A. HINES ERIN M. BRAUN Guy E. BLASS MARK J. GOLEN ROBERT J. FISHER, JR. KIMBERLY L. GALLUCCI- JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. LUCY ELLEN L. KAPALKO SETH T. BLACK PAUL D. MURPHY PATRICK M. HORVAT Pursuant to my conversation with Angie in your office, I understand that your client will be unable to attend the Independent Medical Examination scheduled for September 6, 2007. As such, I have cancelled this IME and am in the process of rescheduling the same. I will be certain to contact your office regarding possible dates in order to reschedule this matter. In the meantime, should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, JoKn A. Lucy JAL:Iam PITTSBURGH OFFICE: G ? ET, PITTSBURGH, PA 15219 JUL 19 20 SUMMERS, MCDONNELL , GUTHRIE & SKEEL STEPHEN J. SUMMERS , ATTORNEYS AT LAW THOMAS A. MCDONNELL JOSEPH A. HUOOCK, JR. HARRISBURG OFFICE: GREGG A. GUTHRIE 1017 MUMMA ROAD PETER B. SKEEL PATRICK M. CONNELLY* LEMOYNE, PA 17043 JEFFREY C. CATANZARITE PHONE: 717.9p 1-5916 KEVIN D. RAUCH FAX: 717-920.9129 ALSO ADMITTED IN WV **ALSO ADMITTED IN OH October 1, 2007 Via Facsimile Transmittal and U.S. Mail (717) 728-3400 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: 'MCC urd V. Louer Our File No. 14541 Dear Mr. Shollenberger: H UDOCK, L-L.P. JASON A, HINES ERIN M. BRAUN Guy E. BLASS MARK J. GOLEN ROBERT J. FISHER, JR. KIMBERLY L. GALLUCCI" JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. Lucy ELLEN L. KAPALKO SETH T. BLACK PAUL D. MURPHY PATRICK M. HORVAT Pursuant to my telephone message of Friday, September 28, 2007, 1 have cancelled the Independent Medical Examination of your client scheduled for October 4 2007. 1 am in the process of finding an alternate physician to conduct this examination, and I will promptly notify you once this matter has been rescheduled. I apologize for any inconvenience this may have caused. In the meantime, should yo ave any questions or concerns regardin the above, please do not hesitate to c ntac me. Thank you. g Very July yours, IVIES.. S 0 L U T f Q N S PHYSIOTHERAPY ASSOC. 5775 ALLENTOWN BLVD HARRISBURG PA 17112 SINCE 3978 (610) 288-0808 10/30/2007 TRACY MCCURDY= 1646 LOWELL LANE NEW CUMBERLAND, PA 17055 EMPLOYER/INSURED: CLAIM NUMBER: 38K372904 DATE OF INJURY: 01/28/2004 APPOINTMENT DATE: 12/04/2007 at 03:00 pm An appointment has been scheduled for you at the request of PATRICK CORVAT of SUMMERS, MCDONNELL, HUDOCK, GUTHERIE. Your evaluation is on Tuesday, December 4, 2007 at 3:00 pm. The evaluation will take place at PHYSIOTHERAPY ASSOC., 5775 ALLENTOWN BLVD, HARRISBURG, PA. DATE AND TIME OF EVALUATION: This evaluation has been scheduled for Tuesday, December 4, 2007 at 3:00 pm. LOCATION OF EVALUATION: The evaluation will take place at PHYSIOTHERAPY ASSOC., 5775 ALLENTOWN BLVD, HARRISBURG, PA. For verbal directions please call (610) 288-0808. INDEPENDENT EVALUATING PHYSICIAN: THOMAS DIBENEDETTO, M.D., Orthopaedic Surgeon, will perform the evaluation. The doctor is an independent physician. After the evaluation is completed, the physician will provide a written report to the party that scheduled your evaluation. That report will contain the physician's opinion regarding your condition. RECORDS AND REPORTS: Please bring all available records including any MRI, X-Rays or CAT scans. The doctor will need these records in order to make a complete evaluation of your condition. There will be forms to fill out, please plan accordingly. PLEASE CALL TO CONFIRM YOUR APPOINTMENT UPON RECEIPT OF THIS LETTER AT (800) 942-5637. ..-----.. ?k- ....... ,V .,, SA\ <? TS A11t-t ?rrtv4n t31v j ............................................................ CC: PATRICK CORVAT at SUMMERS, MCDONNELL, HUDOCK, GUI TIMOTHY SHOLLENBERGER TRACY MCCURDY= SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA 17025 0?"+i'' .1 S r MS 0 11 /8/2007 TRACY NICCURDNE PHYSIOTHERAPY ASSOC. 5775 ALLENTOWN BLVD PA 17112 HARRISBURG (610) 288-0808 EMPLOYER/INSURED: 38K372904 CLAIM NUMBER 01 /2812004 PATE OF INJURY 01/15/2008 at 01:00 m AppO1NTMENT DATE MCDONNEL?, 1646 LO MBERLAND PA 17055 NEW C place at ATRICK CORVAT of SUMMERS at 1:00 pm. The evaluation will take p uest of P 15, 2008 ieduled or you at the req January Tuesday, HARRISBURG, PA. a ointment has YouscV r evaluation is -TOWN BLVD, HUD( PP GUTHERIE be. 5775 ALLENT CK, Y ASSOC., Op Pm. PHYSIOTHERAP ALUATION: January 15, 2008 at 1: DATE AND TIME OF EV has been scheduled for Tuesday, N BLVD HARRISBURG, PA. For This evaluation 5775 ALLENTOW OF EVALUATION: ASSOC., LOCATION lace at PHYSIOTHERAPY endent will take p 610) 288_p808. The doctor is an indep The evaluation lease call (610 perform the evaluation. that scheduled your N the party verbal directions please pHygICIAN: eon, will p report to T EVALU A: ING opaedic Surg will provide a written rep INDEPENDE Orth TTO, MI•D., leted, the physician arding your condition. THOMAS DIBENEDE Opinion reg order After the evaluation ll contain the physician's oP h sician. WI The doctor will needthese records in P y That repot scans. Ian accordingly. evaluation AND REPORTS any MR?, y,-Rays or CAT lease p RECORDS able records includingdition. There will be forms to fill out, P all avail our con I Please banomplete evaluation of y to make THIS LETTER AT (800) 942-5637. OINTMENT UPON RECEIPT M YOUR AP SE L TO CONFIR CAL .. PLEA s " r % rt.1t'1 Y~itU? ................. HUDOCK, GUI w S' MCDONNELL• R at SUMMER iak CC PATRICK CORVAT .............. TRACY MCCURDY= TIMOTHY SHOLLENBERGEK LLP SHOLLEN A 2225 MILLENNIUM W A 17025 ENOLA, c V I ; THOMAS DIBENEDETTO**, M.D. Orthopaedic Surgeon PHYSIOTHERAPY ASSOC. 5775 ALLENTOWN BLVD HARRISBURG, PA 17112 11/8/2007 TRACY MCCURDY= 1646 LOWELL LANE NEW CUMBERLAND, PA 17055 Dear TRACY MCCURDY=, EMPLOYER/INSURED: CLAIM NUMBER: 38K372904 DATE OF INJURY: 01/28/2004 This letter is to inform you that the appointment which was scheduled for you on 12/4/2007 at 03:00 PM with THOMAS DIBENEDETTO** has been cancelled. You will be contacted should it become necessary to reschedule this appointment. Sincerely, MES CC: PATRICK CORVAT at SUMMERS, MCDONNELL, HUDOCK, GUI TIMOTHY SHOLLENBERGER TRACY MCCURDY= SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA 17025 _71 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attnrnevs for Plaintiff TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION To the Prothonotary: Please attach the Verification attached hereto to Plaintiff's Motion for Protective Order previously filed on December 4, 2007. Dated: December 5, 2007 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timo ollenberger, Esquire Attorney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY ENOLA, PA 17025 (717) 728-3200 (717) 728-3400 FAX SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5T" day of December 2007, 1 hereby certify that I have served the following Praecipe to Attach Verification on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudick, Guthrie, and Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP By: *0~ Timothy A. Shollenberger, Esquire Attorney I D# 34343 2 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY ENOLA, PA 17025 (717) 728-3200 (717) 728-3400 FAX VERIFICATION hereby acknowledge that I am a Plaintiff in this action and that I have read the 1 1 and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Vvv Signature Date: Ia I s{ e-9 GAGLOBAMPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)\Verification.wpd SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 ,??> ?? {?-:, -::? ? -r? _ _.? c..7 ,? °? , . _. ?. ??-;: c:? . =-a =? .? ? „? --? 11. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. ANSWER TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14541 ,a,-, 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and CIVIL DIVISION DANIEL D. McCURDY, JR., Plaintiffs, NO. 06-461 Civil Term V. (Jury Trial Demanded) ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. ANSWER TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND NOW, come the Defendants, Ashley Marie Louer and Denise D. Louer, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and file the following Answer to Plaintiffs' Motion for Protective Order and in support thereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. It is admitted that the Independent Medical Examination scheduled for April 9, 2007, was cancelled and subsequently rescheduled for May 16, 2007. This rescheduling was done in order to accommodate the Plaintiffs schedule. 5. Denied as stated. It is admitted that the Plaintiff did not arrive at her Independent Medical Examination at the time scheduled by the Defendants. As such, Dr. Sullivan, the Defendants' Independent Medical Examiner, was not able to .^., A. accommodate the Plaintiffs schedule. Further, it should be noted that Dr. Sullivan agreed to waive the late fee and did not charge defense counsel for a no-show. 6. Admitted. It is admitted that the Independent Medical Examination of the Plaintiff was rescheduled for May 30, 2007, as the Plaintiff missed her initial appointment on May 16, 2007. 7. Admitted. It is admitted that at no fault of the Defendant, the Defendant was forced to reschedule the appointment for May 30, 2007, as Dr. Sullivan had been hospitalized for an illness. 8. Admitted. It is admitted that the Defendant was informed that Dr. Sullivan would no longer be conducting IMEs due to his health and was, therefore, forced to reschedule the Plaintiffs Independent Medical Examination. 9. Admitted in part, denied in part. It is admitted that the Independent Medical Examination scheduled for September 6, 2007, was rescheduled. It should be noted, however, that this Independent Medical Examination was cancelled at the request of the Plaintiff in order to accommodate her schedule. 10. Admitted. It is admitted that the Independent Medical Examination scheduled for October 4, 2007, was in fact cancelled by the Defendant. It should be noted that Plaintiffs' counsel has requested that the Independent Medical Examination be audio recorded, and therefore, this Independent Medical Examination was cancelled in order to accommodate the Plaintiffs request, as Dr. Peppelman would not agree to the same. 11. Admitted. 12. Admitted in part, denied in part. It is admitted that Plaintiffs' counsel received a notice that the Plaintiffs IME would be scheduled for December 4, 2007. However, it should be noted that this notice was sent in error, and the Independent Medical Examination should have been scheduled for January 15, 2008. 13. Admitted in part, denied in part. It is admitted that the Independent Medical Examination of the Plaintiff is now scheduled for January 15, 2008. 14. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore, said averments are denied. 15. Denied as stated. Defense counsel has moved forward with the scheduling of the Independent Medical Examinations in good faith and in accommodation of the Plaintiffs schedule. 16. Admitted. WHEREFORE, the Defendants respectfully request this Honorable Court to deny Plaintiffs' Motion for Protective Order to postpone or reschedule any future defense medical examinations. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: - Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER TO PLAINTIFFS' MOTION FOR PORTECTIVE ORDER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21St day of December, 2007. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: I'L 9) L ( Kevin D. Rauch, Esquire Counsel for Defendants P.- I Tl t :yam i .i .y_, rn TRACY L. McCURDY and DANIEL D. McCURDY, JR., PLAINTIFFS V. ASHLEY MARIE LOUER and DENISE D. LOUER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-0461 CIVIL IN RE: PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 16th day of January, 2008, upon consideration of the information received from the Attorney for Plaintiffs, Timothy A. Shollenberger, Esquire, that the medical examination did occur on January 15, 2008, IT IS HEREBY ORDERED AND DIRECTED that the Motion for Protective Order is deemed MOOT. By the Court, lt?t Timothy A. Shollenberger, Esquire Attorney for Plaintiffs Kevin D. Rauch, Esquire Attorney for Defendants bas M. L. Ebert, Jr., J. /"nom kcc 1 !?l4 P16 41 1 NV 3Hi 20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs, CIVIL DIVISION NO. 06-461 Civil Term V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants. (Jury Trial Demanded) PRAECIPE TO SETTLE AND DISCONTINUE TO: Prothonotary Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, SHOLLWBERGER & JANUZZI, LLP By: Wimothy A. Shollenberger, Esquire Counsel for Plaintiffs SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs TRACY L. McCURDY and DANIEL D. McCURDY, JR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY MARIE LOUER and DENISE D. LOUER, Defendants NO. 06-461 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 25th of June, 2008, 1 hereby certify that I have served the following Praecipe to Settle and Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jason P. Wrona, Esquire Summers, McDonnell, Hudock, Guthrie, and Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, L B Timothy A. Shollenberger,"Esq: Attorney I.D. # 34343