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HomeMy WebLinkAbout06-0666IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN YLVANIA No. Gb(0 C.t ?? ( Civil Action - JURY TRIAL DEMANDED MARISA ZANGARI EUGENE ZANGARI 1057 COUNTRY CLUB ROAD 1057 COUNTRY CLUB ROAD CAMP HILL, PENNSYLVANIA 17011 Versus CAMP HILL, PENNSYLVANIA 17011 JESSICA LATOS 23050 WILD HUNT DRIVE GAITHERSBURG, MARYLAND 20882 LATOS DENTAL LABORATORIES 3401 OLANWOOD COURT, SUITE 203 OLNEY, MARYLAND 20832 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to (X) Attorney ( ) Sheriff TIMOTHY A. SHOLLENBERGER. ESQ. Shollenberaer & Januzzi, LLP 2225 Millennium Way Si ature of ttor ey Enola, Pennsylvania 17025 (717) 728-3200 Supreme Court ID No. 34343 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTiFF(S) HASiiHAVE CgMMENCED AN ACTION AGAINST YOU. JA'?,/?/+??t? /, z n Date: rf? ? Q"6 by C/ T] I Deputy ( ) Check here if reverse is issued for additional information PROTHON. - 55 G \GLOBAL\W PDATA\DOCS\TIM CASE FILES- OPENIangari, Marisa\Pleadings\W RIT OF SUMMONS doc C ?=i L7 C_^ ca -et ,t ,? " "? ?? T. (!'? { ? CJ ?'? +?? 1? ? `? V('`??, --'? l V 'i?? u'.,. ? .. ? ? i{ ?? ? POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M. SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MARISA ZANGARI Plaintiff, V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants. DEFENDANT EUGENE ZANGARI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-666 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Eugene Zangari, and on whose behalf ajury trial is hereby demanded in the above-captioned matter. POST.,& SCHEL P.C ) BY: G G RY S. IRTZEL, ESQUIRE Attorney I.D. No. 56027 BY: J RED M. SEC RI T, ESQUIRE ttorney I.D. No. 200665 r CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Timothy a. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Jessica Latos 23050 Wild Hunt Drive Gaithersburg, MD 20882 Latos Dental Laboratories 3401 Olanwood Court Suite 203 Olney, MD 20832 POST & SCHELL, P.C. BY: ED M. ECH , ESQUIRE j ttorney I.D. No. 200665 DATES .? POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M. SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MARISA ZANGARI, Plaintiff, V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants. DEFENDANT EUGENE ZANGARI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-666 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. C- BY: J RED eT?K ST ,'Attorney for Defendant Eugene Zangari RULE TO FILE COMPLAINT AND NOW, this /D4-k-day of a-?7n c- , 2006, a Rule is hereby granted upon Plaintiff to file a complaint herein within twenty (20) days after service hereof or suffer entry of judgment of non pros. _, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff Marisa Zangari, Plaintiff 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Cuge ie Zangari, Jessica Latos and Latoc,, Dental Laboratories, Defendant NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED I accept service of the Writ of Summons and certify that I am authorized to do so. C1 °_? VZ Date Eugg a Zangari 1057 Country Club Road Camp Hill, PA 17011 SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 (717)728-3200• FA (717) 728-3400 FEB 1 5 2006 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M. SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MARISA ZANGARI, Plaintiff, V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants. DEFENDANT EUGENE ZANGARI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-666 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy of Defendant's Rule to File Complaint to be served upon Plaintiff by placing the same in the United States Mail, First Class Delivery, on the date set forth below. POST & SCHELL, P.C. BY. fiARE M. H LESQUIFIZE Attorneys for Eugene Zangari DATE: ?? lJ { J k2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff LANUAKI, IN I HE GOUK I OF Plaintiff COMMON PLEAS CUMBERLAND COUNTY V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendant NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, MARISA ZANGARI, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MARISA ZANGARI, is an adult individual who currently resides at 1057 Country Club Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, EUGENE N. ZANGARI, is an adult individual whose last known address is 1057 Country Club Road, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant, JESSICA LATOS, is an adult individual whose last known address is 23050 Wild Hunt Drive, Gaithersburg, Montgomery County, Maryland. 4. Defendant, LATOS DENTAL LABS INCORPORATED, (hereinafter referred to as "LABS INC.") is a corporation with corporate offices located at 3401 Oland Wood Court, Olney, Montgomery County, Maryland. 5. The facts and circumstances hereinafter set forth took place on April 12, 2004, at or about 2:14 p.m. at the intersection of State Route 11/15 and Lemoyne Drive in Camp Hill, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Defendant, JESSICAL LATOS, was operating a 1992 Oldsmobile Royal on Route 11/15. The vehicle being operated by Defendant, EUGENE ZANGARI, was to her right. 7. At the aforesaid time and place, Defendant EUGENE ZANGARI, was operating a 2004 Mercedes-Benz E320 Sedan on Lemoyne Drive. The vehicle being operated by Defendant, JESSICA LATOS, was to his left. 8. At the aforesaid time and place, Plaintiff, MARISA ZANGARI, was a passenger in the vehicle being operated by Defendant, EUGENE ZANGARI. 9. At the aforesaid time and place, and after stopping for a stop sign, Defendant, EUGENE ZANGARI, pulled into the intersection of Route 11/15 and Lemoyne Drive in an attempt to make a left hand turn onto Route 11/15. After he did so, the vehicle he was operating was struck by the vehicle being operated by Defendant, JESSICA LATOS. 10. At the aforesaid time and place, Defendant, JESSICA LATOS was acting as the agent, servant and/or employee of Defendant, LABS INC., and was operating the aforesaid 1992 Oldsmobile Royal within the course and scope of the agency and/or employment relationship with Defendant, LABS INC. 11. 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) COUNTI MARISA ZANGARI v. EUGENE ZANGARI 12. Paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 13.The aforesaid collision was the direct and proximate result of the negligence of the Defendant EUGENE ZANGARI, in operating the 2004 Mercedes-Benz E230 in a careless, reckless, and negligent manner as follows: a. In failing to exercise the high degree of care required of a motorist entering an intersection; b. In failing to keep a reasonable look-out for the vehicle being operated by Defendant Latos; c. In attempting to enter an intersection when such movement could not be safely accomplished; d. In failing to yield the right-of-way to traffic already upon the highway; e. In turning in such a manner as to endanger other vehicles on the highway; f. In proceeding through an intersection when such movement could not be made in safety; g. In failing to keep a proper look-out for approaching vehicles; and h. Failing to yield the right of way to the vehicle being operated by Defendant Latos when it was approaching the intersection from another roadway and when the Latos vehicle was so close as to constitute a hazard during the time that he was moving his vehicle into the intersection in violation of Section 3323 (b) of the PA Motor Vehicle Code. 14. As a result of the aforesaid collision, Plaintiff, MARISA ZANGARI, has suffered serious and permanent injuries, including but not limited to the following: a. Right Knee Contusion; b. Left Rib Contusion at 7m 8m gtn and 10th Rib area; c. Aggravation of degenerative disc disease of the right knee including but not limited to the medial meniscus and its compartment with fraying of the inner margin and a horizontal degenerative tear reaching the apex or inferior posterior horn and junction. 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16.As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17.As a further result of the aforesaid injuries collision, Plaintiff, MARISA ZANGARI, 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, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, 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. 19.As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI has or may suffer a loss of future earnings and earnings capacity for which damages are claimed. WHEREFORE, Plaintiff MARISA ZANGARI demands judgment against EUGENE ZANGARI for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II MARISA ZANGARI v. JESSICA LATOS 20.Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21.The aforesaid collision was the direct and proximate result of the negligence of the Defendant JESSICA LATOS, in operating the 1992 Oldsmobile Royal in a careless, reckless, and negligent manner as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances; b. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; c. In failing to exercise the high degree of care required of a motorist entering intersection; d. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; e. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; f. In failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; g. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring his/her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; h. Driving his/her motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA. Motor Vehicle Code; and i. Driving in excess of the posted speed limit in violation of Section 3362 of the Pennsylvania Motor Vehicle Code. 22.As a direct and proximate result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 23.As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 24.As a further result of this collision, Plaintiff, MARISA ZANGARI, 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, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 25.As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, 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. 26. As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI has or may suffer a loss of future earnings and earnings capacity for which damages are claimed. WHEREFORE, Plaintiff MARISA ZANGARI demands judgment against JESSICA LATOS for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III MARISA ZANGARI v. LATOS DENTAL LABS INCORPORATED 27. Paragraphs 1 through 26 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 28. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, LABS INC., acting through its agent and employee, JESSICA LATOS, in operating the 1992 Oldsmobile Royal in a careless, reckless, and negligent manner as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances; b. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; c. In failing to exercise the high degree of care required of a motorist entering Intersection; d. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; e. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; f. In failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; g. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring his/her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; In. Driving his/her motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA. Motor Vehicle Code; and i. Driving in excess of the posted speed limit in violation of Section 3362 of the Pennsylvania Motor Vehicle Code. 29. As a direct and proximate result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 30. As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 31. As a further result of this collision, Plaintiff, MARISA ZANGARI, 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, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 32. As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI, 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. 33. As a further result of the aforesaid injuries, Plaintiff, MARISA ZANGARI has or may suffer a loss of future earnings and earnings capacity for which damages are claimed. WHEREFORE, Plaintiff MARISA ZANGARI demands judgment against LATOS DENTAL LABS INCORPORATED for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, / i T othy A. Shollen erge I. D.# 34343 VERIFICATION I, 1 1 f S(a_ ci) I An y 1 , hereby acknowledge that I am a Plaintiff in this action and that I have read the Cc,r'n g: n 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. Date: `-? --)-1 I G(o GAGLOBAL\W PDAMDOCSIINITIAL CONSULT DOCS (SET-UPS)%Vedffcadon.wpd IlIlllsltlltl i 1111111, 1Il loll 111111111111 Ills . M. 111111u . IIIIltllll,11 11111.1111 11111 M-1111. 111 11111"11 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff 7-ANGARI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendant NO. 0b (L)(O(o CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this Lq?Aday of V01 , 2006 1 hereby certify that I have served the foregoing Complaint to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jared M. Sechrist, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Via Certified Mail Return Receipt Requested Jessica Latos 23050 Wild Hunt Drive Gaithersburg, MD 20882-1512 Via Certified Mail Return Receipt Requested Latos Dental Labs, Inc. 3401 Oland Wood Court Olney, MD 20832 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: /?!f Ti 7-66thyk enbe r, E uire ... ? t l (? -tl .? `? ?R y (-J ,? C _. L MARISA ZANGARI, Plaintiff VS. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Jessica Latos, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By Date: C" G. Shore, Esquire I.D. No. 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this aRrdday of March, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Gegory S. Hirtzel, Esquire Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster. PA 17605-0248 IL41? - "2 . Shore, Esquire __i -,--rt i il'-._. ?_ ?.{Yt L,_ _ '- C.J -..,? MARISA ZANGARI, Plaintiff VS. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. TO THE PLAINTIFF: RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: C, ahj 3 -2"G Ordthonotary ....> U? G'. ?, . _? ,; ;t= ?= -?, ,. ?; -G POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M. SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MARISA 7_ANGARI Plaintiff, V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants. ATTORNEYS FOR DEFENDANT EUGENE ZANGARI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-666 JURY TRIAL DEMANDED STIPULATION It is hereby stipulated by and between counsel for Plaintiff Marisa Zangari and Defendant Eugene Zangari that all averments that Defendant Eugene Zangari operated his vehicle in a from Plaintiff s Complaint with Jared M. Sechrist, Esquire Attorney for Defendant Eugene Zangari TAnothy A. Shollenberger, Esquire Attorney for Plaintiff Marisa Zangari CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Casey G. Shore, Esquire NEALON, GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 DATE: D co POST & SCHELL, P.C. N Q . eP?` N "?? MARISA ZANGARI, Plaintiff VS. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Latos Dental Laboratories, with regard to the above-captioned matter. Date: D Respectfully submitted, NEALON GOVER & PERRY By: _L41, G. hore, Esquire I.D. . 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 16rj? day of May, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Gegory S. Hirtzel, Esquire Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 LIZZ-4j? G. ore, Esquire C ? C. m T, m te ? ?? } r , ?? . 'Tl +.y y? i;_' c... Jirv. N ? j n ffl N MARISA ZANGARI IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 06-0666 CIVIL EUGENE ZANGARI, JESSICA LATOS AND LATOS DENTAL LABORATORIES, Defendants JURY TRIAL DEMANDED r ORDER OF COURT AND NOW, this 19th day of May, 2006, upon consideration of the Plaintiff Marisa Zangari and Defendant Eugene Zangari's Request for an Order of Court Striking the Averment that Eugene Zangari operated his vehicle in a "reckless" manner from the Plaintiff's Complaint; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendants Jessica Latos and Latos Dental Laboratories to show cause why the Plaintiff and Defendant Eugene Zangari are not entitled to the relief requested; 2. The Defendants will file an answer to this petition on or before June 9, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff and Defendant Eugene Zangari shall be granted. By the Court, l M. L. Ebert, Jr., ?W 1- -A rr`Ir "IJ;.i.I-- ,, ?LA ???".. i 7{ufY! i 9z ;g tiv ZZ ?".w 90oz 3HI 30 a, 11 Timothy A. Shollenberger, Esquire Attorney for Plaintiff Jared Sechrist, Esquire Attorney for Defendant Eugene Zangari Casey G. Shore, Esquire Attorney for Defendant Jessica Latos bas POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M.SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-241-4532 MARISA ZANGARI Plaintiff, V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants. ATTORNEYS FOR DEFENDANT EUGENE ZANGARI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-666 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: All Parties You are hereby notified to plead to the within New Matter and New Matter Cross-Claim within twenty (20) days of service thereof or a default may be entered against you. Respectfully submitted, POST & S?,! A BY: Attorneys for Defendants POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M. SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-241-4532 MARISA ZANGARI Plaintiff, V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants. ATTORNEYS FOR DEFENDANT EUGENE ZANGARI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-666 JURY TRIAL DEMANDED DEFENDANT EUGENE ZANGARI'S ANSWER NEW MATTER AND NEW MATTER CROSSCLAIM 1. Admitted. 2. Admitted. 3. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph; and, if relevant, strict proof is demanded. 4. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph; and, if relevant, strict proof is demanded. 5. Admitted in part, denied in part. It is admitted only that on said date and at said location, the vehicle which Eugene Zangari was operating made contact with another vehicle. The remaining averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029. 6. Answering Defendant is advised and, therefore, avers that the allegations in this paragraph are directed to another party and no response is required from Answering Defendant. 7. Admitted. 8. Admitted. 9. Admitted. 10. Answering Defendant is advised and, therefore, avers that the allegations in these paragraphs are directed to another party and no response is required from Answering Defendant. 11. Answering Defendant is advised and, therefore, avers that this paragraph contains conclusions of law to which no response is required. COUNTI MARISA ZANGARI V. EUGENE ZANGARI 12. The preceding paragraphs of this Answer are incorporated herein by reference as if set forth at length. 13. Answering Defendant denies all averments of negligence in accordance with Pa.R.C.P. 1029. 14. Denied as stated. It is admitted that Plaintiff suffered injuries to her right knee and left ribs as a result of the complained of incident. However, after reasonable investigation, answering Defendant is without knowledge sufficient to form a belief as to the specific allegations of this paragraph; therefore, the allegations contained within this paragraph are denied. 15. Denied as stated. It is admitted that Plaintiff has endured pain and suffering as a result of the injuries she sustained in the complained of incident. However, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to -2- whether Plaintiff the duration for which Plaintiff will endure pain and suffering; therefore, the allegations contained within this paragraph are denied. 16 - 19. Denied. It is admitted that such damages are being claimed. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in these paragraphs; and, if relevant, strict proof is demanded. WHEREFORE, Defendant Eugene Zangari, demands judgment in his favor and against Plaintiff. COUNT II MARISA ZANGARI V. JESSICA LATOS 20 - 26. Answering Defendant is advised and, therefore, avers that the allegations in these paragraphs are directed to another party and no response is required from Answering Defendant. COUNT III MARISA ZANGARI V. LATOS DENTAL LABS INCORPORATED 27 - 33. Answering Defendant is advised and, therefore, avers that the allegations in these paragraphs are directed to another party and no response is required from Answering Defendant. NEW MATTER 34. Plaintiff s claims are barred and/or limited by the Doctrines of Release, Setoff and/or Accord and Satisfaction to the extent of any agreements, settlements or releases entered into by Plaintiff with any person or entity other than Answering Defendant with respect to the damages complained of by Plaintiff in her Complaint. -3- 35. Plaintiffs claims are subject to, and may be barred by, the applicable two year statute of limitations. 36. Plaintiff s claim for past and/or future medical expenses is limited to the amount received by, or to be received by, her providers in satisfaction of their bills for services rendered or the fair and reasonable value of said services, whichever is less. 37. Plaintiffs claims are barred and/or limited to the extent it is established that Plaintiff failed to mitigate her damages. 38. Plaintiff s claims are barred to the extent it is established that there was an intervening or superseding cause of the condition complained of and/or her injuries. 39. The sole cause of the incident giving rise to Plaintiffs damages was the actions and inactions of third parties and/ or other defendants to this action, over whom Answering Defendant had no control or duty to control. 40. Plaintiff s claims are subject to and/or barred by the Pennsylvania Motor Vehicle Financial Responsibility Law. 41. Plaintiff s claims for non-economic damages are barred to the extent it is established that Plaintiff s recovery is controlled by the limited tort election and Plaintiff did not suffer a "serious injury" as that term is defined by the Pennsylvania Motor Vehicle Financial Responsibility Law. 42. The averments of Plaintiff s Complaint are, for purposes of this crossclaim, only, incorporated herein by reference as though same were set forth at length (with said averments as they pertain to Answering Defendant, Eugene Zangari, being expressly denied). -4- 43. If Plaintiff suffered the injuries and damages as alleged, then said injuries and damages were caused either in whole or, in part, by the negligence and carelessness of Co-defendants Jessica Latos and Latos Dental Laboratories (collectively referred to as "Co-Defendants") who are alone liable to Plaintiff, jointly and severally liable to Plaintiff or liable over to Answering Defendant for contribution and/or indemnity. WHEREFORE, Defendant Eugene Zangari demands judgment in his favor and against Plaintiff. Alternatively, Answering Defendant demands that co-Defendants be held alone liable to Plaintiff, jointly and severally liable to Plaintiff or liable over to Answering Defendant for contribution and/or indemnity. Respectfully submitted, POST & r BY: 2001; 5 -5- Re: Zangari VERIFICATION I HEREBY VERIFY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: /OAS J ugene Z ari (DATE: 5 -7Z-0?? CERTIFICATE OF SERVICE I, Ginny F. Chalfant, an employee of Post & Schell, P.C., do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Casey G. Shore, Esquire NEALON, GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 POST & SCHELL, P.C. BY: F HALFANT DATE. ?? . ?: ?, -?, _ T .-, --. : . ? ;_,, --, _ <_.: --- ;` ' :, _ and ,ZANGARI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-666 ZANGARI, JESSICA LATOS 'OS DENTAL LABORATORIES: CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1-5 mitted based upon information and belief. 6. dmitted in part, denied in part. 7. dmitted based upon information and belief. 8. dmitted based upon information and belief. 9-10. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 11. Plaintiff does not make an averment, which the Defendant can either admit nor deny. HEREFORE, Defendant Jessica Latos, respectfully requests this Honorable Court to disrj iss Plaintiff's claims against her together with any costs associated therewith COUNT 1 MARISA ZANGARI v. EUGENE ZANGARI 12. No responsive pleading required. 13-19 Said paragraphs are addressed to a Defendant other than to the answering Defe dant. Therefore, they are denied. to d EREFORE, Defendant Jessica Latos respectfully requests this Honorable Court Plaintiff's claims against her, together with any costs associated therewith. COUNT II MARISA ZANGARI V. JESSICA LATOS 20. responsive pleading required. 21-26. Denied pursuant to Pennsylvania Rules of Civil Procedure 1029(e). , Defendant Jessica Latos, respectfully requests this Honorable Court to dis iss Plaintiff's claims against her together with any costs associated therewith. COUNT III MARISSA ZANGARI V. LATOS DENTAL LABS, INC. 27. No responsive pleading required. 28-33.IDenied pursuant to Pennsylvania Rules of Civil Procedure 1029(e). EREFORE, Defendant Jessica Latos, respectfully request this Honorable Court to disr> iss Plaintiff's claims against her together with any costs associated therewith. NEW MATTER 34. The answers contained in a paragraphs 1-33 are incorporated herein by reference. 35. Plaintiffs claim may be barred in whole or in part by application of Pennsylvania's Motor Responsibility Act. REFORE, Defendant Jessica Latos, respectfully requests this Honorable Court to ss Plaintiffs claims against her together with any costs associated therewith. Respectfully submitted, NEALON GOVER & PERRY By: en, Esquire 1.0. Nd 84311 244 1 *rth Front Street Hares urg, PA 17110 717/232-9900 VERIFICATION TO Jenni Henley Allen, verify that the statements made in the foregoing ANSWER PLAINT WITH NEW MATTER are true and correct. I understand that false herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswohn falsification to authorities. Date: CERTIFICATE OF SERVICE NOW, this A day of June, 2006, 1 hereby certify that I have served the ANSWER TO COMPLAINT WITH NEW MATTER on the following by a true and correct copy of same in the United States mail, postage prepaid, to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Gregory S. Hirtzel, Esquire Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 --, -? - ??' ?c„ -n ;,, ?:?. ;' r ; `a?, Gz z.. ?.: - - r";i ii S?? ?'. 't? _. ?]?. . 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ®41:IN THE MATTER OF: COURT OF COMMON PLEAS OA% MARISA ZANGARI TERM, CUMBERLAND -VS- EUGENE ZANGARI, JESSICA LATOS, ET AL CASE NO: 06-666 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JARED SECHRIST certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/06/2006 n be of JARED SECHRIST,ESQ. Attorney for DEFENDANT R1.12 133-H DE11-0634786 23941-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MARISA ZANGARI -VS- EUGENE ZANGARI, JESSICA LATOS, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 06-666 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MET LIFE AUTO AND HOME OTHER TO: TIMOTHY A. SHOLLENBERGER,ESQ., PLAINTIFF COUNSEL CASEY SHORE, ESQ. MCS on behalf of JARED SECHRIST,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/16/2006 CC: JARED SECHRIST,ESQ. - 120-128427 MARY ANN MOON - MCS on behalf of JARED SECHRIST,ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.10S 133-H DE02-0334992 23941-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARISA ZANGARI File No. 06-666 vs. EUGENE ZANGARI, JESSICA LATOS, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MET LIFE AUTO AND HOME (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JARED SECHRIST.ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 6 2006 Date: -JLL,' . F Seal of the Court BY T COURT: f _ 1r honotary/Clerk, Civil Di? Deputy 23941-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MET LIFE AUTO AND HOME ROCKY HILL CLAIMS OFC MPC P.O. BOX 410200 CHARLOTTE, NC 282410200 RE: 23941 MARISA ZANGARI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. SEE ATTACHED Subject : MARISA ZANGARI Social Security #: XXX-XX-2989 Date of Birth: 08-26-1945 R1.10S 133-H SU10-0627664 23941-LO1 COPIES OF ANY AND ALL DOCUMENTS CONTAINED WITHIN THE FIRST PARTY BENEFITS FILE, INCLUDING, BUT NOT LIMITED TO, THE ENTIRE FILE FROM COVER TO COVER, INCLUDING ALL APPLICATIONS FOR BEBEFITS, ALL RECORDS, ALL BEBEFITS, PAYMENT DATA, ALL APPLICA- TIONS FOR BEBEFITS FORMS, ALL MEDICAL RECORDS, CORRESPONDENCE, EXPLANATION OF BENEFIT FORMS. UK/UIN CLAIMS RECORDS, PROPERTY DAMAGE RECORDS, MEDICAL PAYMENTS BENEFITS, LOST WAGE BENEFITS AND.OR INFORMATION RELATING TO SAID LOST WAGES, PHOTOGRAPHS AND STATEMENTS RELATING TO ANY AND ALL AUTOMOBILE ACCIDENTS INVOLVING PLAINTIFF AND/OR C_IAI14S SUNKITTED BY PLAINTIFF MARISA ZANGARI (ONLY), UNDER POLICY NONMR:A5433200950. .. MARISA ZANGARI, Plaintiff VS. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Jessica Latos, with regard to the above-captioned matter. Date: 7 Respectfully submitted, NEALON GOVER & PERRY By: _( 4.4? C . S ore, Esquire I. D. . T"J85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this tr day of July, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Gregory S. Hirtzel, Esquire Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 L-41? G. Shore, Esquire as h` ?1? ? _ ?-T ?? f - . ?. !? / 0'? MARISA ZANGARI, Plaintiff VS. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Jessica Latos, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: Date: J gi H&nley Allen, Esquire I.D No. 84311 1 North Front Street Harrisburg, PA 17110 717/232-9900 I, CERTIFICATE OF SERVICE AND NOW, this 4 1' day of July, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Oregory S. Hirtzel, Esquire Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Jenni Henley Allen, Esquire i MARISA ZANGARI, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 EUGENE ZANGARI, JESSICA LATOS : and LATOS DENTAL LABORATORIES: CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND CROSS CLAIM 1-11. No responsive pleading required. COUNT1 MARISA ZANGARI v. EUGENE ZANGARI 12. No responsive pleading required. 13-19. These paragraphs are directed to another party, and no response is required from Answering Defendant. COUNT If MARISA ZANGARI V. JESSICA LATOS 20-26. No responsive pleading required. COUNT III MARISSA ZANGARI V. LATOS DENTAL LABS, INC. 27-33. No responsive pleading required. NEW MATTER 34-38. These paragraphs set forth conclusions of law to which no response is required. 39. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 40-41. These paragraphs set forth conclusions of law to which no response is required. NEW MATTER AND CROSS CLAIM 42. No responsive pleading required. 43. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Answering Defendant, Jessica Latos and Latos Dental Laboratories, respectfully request this Honorable Court to dismiss the New Matter and Cross Claim against them together with any costs associated therewith. Respectfully submitted, NEALON GOVER & PERRY By: I Date: Je i enley-Allen, Esquire L No 84311 24 rth Front Street Harrisburg, PA 17110 717/232-9900 VERIFICATION I, JENNI HENLEY ALLEN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER AND CROSS CLAIM are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE AND NOW, this -day of July, 2006, 1 hereby certify that I have served the foregoing ANSWER TO NEW MATTER AND CROSS CLAIM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Gregory S. Hirtzel, Esquire Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 -A44 Y' lv_ lJ W SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MARISA ZANGARI, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 EUGENE ZANGARI, JESSICA LATOS, and LATOS DENTAL LABORATORIES, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIPPI$ REPLY TO Iii W MATTER AuN© NIEW 11INAT ER CAOSSOLAIM OP 0019INDANT 600EKE ZAN 6QARR AND NOW, comes the Plaintiff, Marisa Zangari, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and files her Reply to New Matter and New Matter Cross-Claim of Defendant Eugene Zangari, and, in support thereof, respectfully represents the following: NEW MATTER 34. 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). 35. 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). 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, Pe tuylvania 17025 717-728-3200(telephone) 717-728-3400(fax) 36. 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). 37. 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). 38. 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). 39. 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). 40. 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). 41. 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, Plaintiff Marisa Zangari respectfully requests that the New Matter of Defendant Eugene Zangari be dismissed and judgment entered in favor of the Plaintiff as a matter of law. 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, Pemuylvania 17025 717-728-3200(telephone) 717-728-3400(fu) V AND DEFENDANT LATOS DENTAL LABORATORIES 42. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. 43. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attornevs for Plaintiff By: Tit0hy AFi IWI Attorney 1.1#34343 Date: 7 19,06. 3 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enol, Pennsylvania 17025 717-728-3200(telephone) 717-728-3400(fuc) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARISA ZANGARI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZANGARI, JESSICA LATOS, and LATOS DENTAL LABORATORIES, Defendants NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 1' V'day of July, 2006, 1 hereby certify that I have served the following Reply to New Matter and New Matter Cross-Claim of Defendant Eugene Zangad on the following via U.S. mail, postage prepaid: Gregory S. Hirtzel, Esquire Jared M. Sechrist, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Jenni Henley Allen, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attomevs for Plaintiff TinWhyA. ShpllenbergeF, Esquire Attorney I.D. 4343 By: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 717-728-3200(telephone) 717-728-3400(fn) ?? S,7 <- -t; - -t r P _ _ (` , _ C.: R] ' _ ;., . , ? . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MARISA ZANGARI, Plaintiff V. EUGENE ZANGARI, JESSICA LATOS, and LATOS DENTAL LABORATORIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Marisa Zangari, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and files her Reply to New Matter of Defendant Jessica Latos, and, in support thereof, respectfully represents the following: NEW MATTER 34. 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). 35. 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). 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millenni= Way, Enola, Pennsylvania 17025 717-728-3200(telephone) 717-728-3400(f") WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys fqr Plaintiff By: #34343 Date: 71Q6 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enala, Pennsylvania 17025 717-728-3200(telephone) 717-728-3400(fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 MARISA ZANGARI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZANGARI, JESSICA LATOS, and LATOS DENTAL LABORATORIES, Defendants NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this UTV day of July, 2006, I hereby certify that I have served the following Reply to New Matter of Defendant Jessica Latos on the following via U.S. mail, postage prepaid: Jenni Henley Allen, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Gregory S. Hirtzel, Esquire Jared M. Sechrist, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 By: Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, Penmylvania 17025 717-728-3200(telephone) 717-728-3400 (fa ) SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff ?-, ?; :? ? r- ? ..? '? -n -n:'-'. ? ,? C; -.' ?.? ,,, ^i ' . ? r. MARISA ZANGARI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED VS. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants STIPULATION 1. Latos Dental Laboratories, Jessica Latos and Eugene Zangari are listed as Defendants on a Praecipe for Writ of Summons filed February 1, 2006, in the Cumberland County Prothonotary's Office. 2. Thereafter a Complaint was filed on or about March 31, 2006. 3. The Complaint arises from a motor vehicle accident that occurred on April 12, 2004. 4. Latos Dental Laboratories was named as a Defendant in this case because it was believed that Defendant Jessica Latos was acting as an agent for Latos Dental Laboratories at the time of the accident. 5. Following de.ositions, it carne to the attention of counsel that Jessica Latos was not acting as an agent for Latos Dental Laboratories. 6. As a result, Plaintiff's counsel and Defendants' counsel have stipulated to the removal of Latos Dental Laboratories from any involvement in this action. WHEREFORE, based on the foregoing, undersigned counsel respectfully requests that Latos Dental Laboratories be removed from this action. Respectfully submitted, Date: a Date:- II f'&-110 OG ntiff Marisa Zangari 2 Date: a Paul Grego, Esquire for Defends ugene Zangari Jenni Henl , A fin,\6squire for De e-n ants Latos Dent I Laboratories and Jessica Latos i 'J } ?{`, JAN 09 2007 MARISA ZANGARI, VS. Plaintiff EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of 'T 2007, upon consideration of the attached Stipulation, IT IS HEREBY ORDERED AND DECREED that Latos Dental Laboratories is removed as a party in this action. The caption shall be amended accordingly. BY THE COURT: By J. Distribution: Je ni Henley Allen, Esquire 411 North Front Street, Harrisburg, PA 17110 othy A. Shollenberger, Esquire, 2225 Millennium Way, Enola, PA 17025 au?l Grego, Esquire, 1857 William Penn Way, Lancaster, PA 17605 9 ?.l ?^frTl i? ,u 0Z .3 lil Z J iI"lf LOOZ ( _ - Hi JO 'e' l?? il3 - Jlci IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISA ZANGARI, Plaintiff . NO. 06-666 20 06 V. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy A. S ho I I en be rg e r counsel for the plaintiff/defm1ant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5 0 , 0 0 0 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anyone from the Law Offices of Shollenberger S Januzzi, LLP, Enola, PA Post 6 Schell, P.C. or Nealon, Gover S Perry WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Timothy A. Shollenberger, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 ORDER enberger AND NOW, %.01 , 200____, in consideration of the foregoing petition, Esq., and captioned action (or actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY C C ° n , 0 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISA ZANGARI, Plaintiff NO. 06-666 20 06 v. EUGENE ZANGARI, JESSICA LATOS and LATOS DENTAL LABORATORIES, Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy A. S ho I I en be rg e r , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S 5 0 , 0 0 0 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anyone from the Law Offices of Shollenberger & Januzzi, Post & Schell, P.C. or Nealon, Gover & Perry WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shaU be submitted. Timothy A. Shollenberger, Esq. Shollenberger & Januzzi, LLP Re 1 bmi 2225 Millennium Way Enola, PA 17025 ?y wk.v=mienberger ORDER O T petition,_ Esq., and captioned ,200 , in consideration of the oregoing Esq., and _ Esq., are appointed arbitrators in the a ove 0. DA 1 L.C I LLP, Enola, PA OG _ N Wes,, ,et, Et o,pie, JM110 ? ? 5 P OS MARISA ZANGARI, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA LATOS, DEFENDANT 06-0666 CIVIL TERM ORDER OF COURT AND NOW, this 3_day of January, 2008, the appointment of David W. Reager, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Jefferson Shipman, Esquire, is appointed in his place. By the -4- Edgar . Hubert X. Gilroy, Esquire -/ Chairman Jefferson Shipman, Esquire led p Court Administrator 000, p8 :sal 11311 n0 N G - a 4. Oll : Oa c?v U MARISA ZANGARI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA LATOS, DEFENDANT 06-0666 CIVIL TERM ORDER OF COURT AND NOW, this 6 day of May, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Hubert X. Gilroy, Esquire, Chairman, shall be paid the sum of $50.00 ,,/Hubert X. Gilroy, Esquire Court Administrator :sal 12opy ",at lCCL VIM C"i met .? a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attornevs for Plaintiff MARISA ZANGARI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZANGARI, JESSICA LATOS, and LATOS DENTAL LABORATORIES, Defendants NO. 06-666 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, Date: May 29, 2008 SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff Ti o nb rg r, LL's A I. . # 4343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attornevs for Plaintiff MARISA ZANGARI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZANGARI, JESSICA LATOS, and LATOS DENTAL LABORATORIES, Defendants NO. 06-666 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 29th day of May 2008, 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: Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Matthew R. Gover, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 SHOLLENBERGER & JANUZZI, LLP By: 0TA(ZSh&1We--nb-6rgeV, quire ' m ?t r ?rR 4