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HomeMy WebLinkAbout06-3105SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT CUMBERLAND NO. Olo - 3/ CIVIL ACTION - JURY TRIAL DE COMMON PLEAS JNTY, PENNSYLVANIA D 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 Ent (20) days after this complaint and notice are served, by entering a written ap arance personally or by attorney and filing in writing with the court your defens s or objections to the claims set forth against you. You are warned that if you fail o do so the case may proceed without you and a judgment may be entered ag inst you by the court without further notice for any money claimed in the com taint or for any other claim or relief requested by the plaintiff. You may lose mon y or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE PEKE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH IN ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS O FICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AG NCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICAT 32 S. Bedford Street; Carlisle, PA 1701 (717) 249-3166; (800) 990-9108 -1- Shollenberger & Jan=i, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholl1anlaw.oom SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT Olf COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - JURY TRIAL DE DED Usted ha sido demandado an el tribunal. Si usted dese? reclamos expuso en las paginas siguientes, usted debe t de veinte (20) dias despues que esta queja y la nota se apariencia escriben personalmente o por abogado y arch con el tribunal sus defensas o las objecciones a los recl, usted. Usted es advertido que si usted falla de hacer a; avanzar sin usted y un juicio puede ser entrado contra uE note adicional para cualquier dinero reclamado en la queja reclamo o el alivio solicitados por el demandante. Usted r propiedad u otros derechos importantes a usted. LISTED DEBE LLEVAR ESTE PAPEL SU ABOGADO IN USTED NO TIENE Un ABOGADO, VAYA A 0 LLAME OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE P La INFORMAC16N SOBRE EMPLEAR A un ABOGADO. S PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICI PROVEER DE LISTED LA INFORMAC16N SOBRE LAS F SERVICIOS JURIDICOS de la OFERTA de MAYO ELEGIBLES EN Un HONORARIO de la REDUCC16N 0 NI defender contra los mar medidas dentro irven, entrando una 3ndo en la escritura nos exponen contra que el caso pueda :d por el tribunal sin > para cualquier otro ede perder dinero o IEDIATAMENTE. SI OR TEL?FONO La .OVEER De LISTED LISTED NO PUEDE IA PUEDE PODER 3ENCIAS QUE LOS LAS PERSONAS GON HONORARIO. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 1701 (717)249-3166;(800)990-9108 -2- Shollenberger & Januai, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholljanlaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT CUMBERLAND NO. O(- - CIVIL ACTION - JURY TRIAL DE AND NOW, comes the Plaintiffs, CHRISTOPHER their attorneys, SHOLLENBERGER & JANUZZI, LLP, and represent(s) the following: 1. Plaintiff, CHRISTOPHER DALTO, is an adult currently resides at 6105 Millbank Drive, Mechanicsburg; Pennsylvania. 2. Defendant, JASON GOSHORN, is an adult known address was 18 Hickory Ridge, Newport; Perry 3. The facts and circumstances hereinafter set June 10, 2005, at or about 3:40 p.m., at the intersection of Gustin Drive, Hampden Township, Cumberland County, 4. At the aforesaid time and place, Plaintiff operator of a 1992 Yamaha Motorcycle. -3- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728.3200 (Phone) (717) 728-3400 (Fax) is@shollianlaw.com COMMON PLEAS UNTY, PENNSYLVANIA TO, by and through who County, ividual whose last , Pennsylvania. took place on Carlisle Pike and Dalto, was the 5. At the aforesaid time and place, Defendant the operator of a 1995 Eagle TEI. 6. At the aforesaid time and place, Plaintiff traveling in the right lane of traffic traveling West on the C aforesaid 1992 Yamaha Motorcycle in Hampden Townsh Pennsylvania. 7. At the aforesaid time and place, Defendant traveling in the left hand lane traveling West on the the left hand lane to the right hand lane striking Plaintiff Cl 8. As a result of the aforesaid incident, Plaintiff suffered serious and permanent injuries, including but not II a. Left Hand Abrasion; and b. Foot Contusion. 9. The aforesaid collision was the direct and son Goshom, was opher Dalto, was isle Pike on the Cumberland County, son Goshorn, was Pike and moved from istopher Dalto. hristopher Dalto, has nited to the following: result of the negligence of Defendant Jason Goshorn, in operating the 1995 Eagle TEI in a careless, reckless, and negligent manner as follows: a. In failing to observe Plaintiffs vehicle on the ighway; b. In failing to keep a reasonable look-out for on the road; C. In otherwise operating said vehicle in negligent manner and in a manner violating the Motor Commonwealth of Pennsylvania; d. Failing to drive his/her vehicle as nearly as -4- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) tsQsholljanlaw.com vehicles lawfully reckless and Code of the entirely within a single lane on a roadway which had been divided marked lanes for traffic and moving from the lane before ascertained the movement could be made with safety in The PA Motor Vehicle Code; e. Moving his/her vehicle from one traffic lane movement could be made with reasonable safety in of The PA Motor Vehicle Code; f. Driving his/her motor vehicle in such a motorcycle of the full use of its lane of travel in violation of The PA. Motor Vehicle Code; g. Driving his/her motor vehicle in careless two or more clearly defendant had first of §3309(1) of another before such of Section 3334 (a) as to deprive a 3523 (a) of for the safety of persons or property in violation of Section 3714 of The PA.IMotor Vehicle Code. 10. As a direct and proximate result of the Christopher Dalto, has undergone and in the future will suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Dalto, has suffered and may continue to suffer a loss of damages are claimed. 12. As a further result of the aforesaid injuries, Dalto, has and/or may in the future incur a loss of earning damages are claimed. 13. As a further result of the aforesaid injuries, injuries, Plaintiff great pain and Christopher for which Christopher for which intiff Christopher Dalto, has sustained a permanent diminution in his ability to enjoy life and life's -5- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) tseshollianlaw.com pleasures for which damages are claimed. 14. As a further result of this collision, Plaintiff and/or may incur reasonable and necessary medical reF expenses in excess of the amounts paid or payable pun the Pennsylvania Motor Vehicle Financial Responsibility Compensation or any program, group contact, or other of benefits as defined in 75 Pa. C.S.A. Section 1719. for payment 15. As a further result of the aforesaid injuries, P aintiff Christopher Dalto, has incurred or may hereinafter incur financial expe ses and losses, which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 16. As a result of the collision, the physical d was estimated to be $2,218.79. 17. Plaintiffs vehicle has been declared a total value has been appraised at $4,399.00. Plaintiff claims Defendant for the amount of the replacement value. 18. Plaintiff had the following items in his vehicle wreck which were damaged as a result thereof, the Plaintiff claims reimbursement from the Defendant. The limited to: a. Motorcycle Helmet; b. Clothing; and -6- Shollenberger & Januz i, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholljanlaw.com Dalto, has costs and to Subchapter B of Workers' to Plaintiffs vehicle and its replacement rsement from the the time of the value of which include, but are not C. Other various personal items. 19. Plaintiff claims other miscellaneous thereof, which include but are not limited to: a. Reimbursement for Military GI Bill. WHEREFORE, Plaintiff Christopher Dalto, demand, Defendant Jason Goshorn, for compensatory damages in; the amount requiring compulsory arbitration. Respectfully submitted, Date: E-? .rV v Pa. ID No. 34$3 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff -7- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) is@sholljanlaw.com which were a result ( judgment against in amount in excess of , LLP 0 VERIFICATION I, /7*2i' d lb hereby acknowledge that n action and that I have read the stated herein are true and correct to the best of my knowl I understand that any false statements herein are 18 Pa. C.S. Section 4904, relating to unsworn falsification to a S Date: J16-01 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)\Verification.wpd am a Plaintiff in this and that the facts information and belief. subject to penalties of SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way. Enola. PA 17025 (717) 1283200 • FAR (111) 128-3200 r, ra tJ't ?r_ T 1 yf cmI CHRISTOPHER DALTO, Plaintiff VS. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105 - CIVIL TERM 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, Jason Goshorn, with regard to the above-captioned matter. Date: Respectfully submitted, NEALON GOVER & PERRY By: 4L C y , Shore, Esquire I.D. 5321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this _jO 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 a ey . Shore, Esquire .- ?? -, ?% } .? '11 l_, +S` _? _`. T 1 u-? ?;`, ? :. .,, ?= ` r; ?? 1=` :n SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03105 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DALTO CHRISTOPHER VS GOSHORN JASON R. Thomas Kline duly sworn according to law, say; and inquiry for the within named GOSHORN JASON - but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLT, INTERR, On June 15th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So er Docketing 18.00 Out of County 9.00 Surcharge 10.00 omas Kline Dep Perry County 31.90 Sh riff of Cumberland County Postage 3.42 Sheriff or Deputy Sheriff who being that he made a diligent search and DEFENDANT , to wit: in his bailiwick. He therefore County, Pennsylvania, to REQ PROD 06/15/2006 L?,` SHOLLENBERGER & JANUZZI Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland. County, Pennsylvania Christopher Dalto VS. Jason Goshorn No, 06-3105 civil Now, June 1, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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 June 13 Notice & Complaint Jason Goshorn by handing to 20 06 at 4:43 o'clock P M. served the a True -& Attested and made known to copy of the original Notice&Complaint the contents thereof. Him So answers, Donald E. Smith C 1A Chief Deputy She iffof erry County, PA Sworn and subscribed before me this day of J uA-te, , 200(o Jason Goshorn, Defendant 18 Hickory Ridge Newport, PA 17074( Centre Twp) COSTS SERVICE _ MILEAGE _ AFFIDAVIT 0 ARIAL SEAL RGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY C COMMISSION EXPIRES FEB. 16, 2008 0 :11 `d S I NAF 90OZ I I CHRISTOPHER DALTO, Plaintiff VS. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Jason Goshorn, with regard to the above-captioned matter. Date: Respectfully submitted, NEALON GOVER & PERRY By: Shore, Esquire I. . 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this day of , 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAW 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 <Zfty G. Shore, Esquire 1 7^ .+j ' ' S__,' ?. , _.ra i ?_ r ? ti ?'? " ?- ?i ( ? ! `pt i ^' ? . r ..?, C„f i CHRISTOPHER DALTO, Plaintiff VS. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Jason Goshorn, with regard to the above-captioned matter. Resp c ully submitted, Date: October 4, 2006 By: r cGuire, Esquire tt /ell?&CKearns, . # 73617 C d P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Jason Goshorn CERTIFICATE OF SERVICE AND NOW, this 4th day of October 2006, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy A. Sholenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 CALDW ELL & KEARNS 17 - By: JIJ Shirle 0- Erb, Secretary 107410 " un s 4,; f {1>7 ? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND NOW, comes the Plaintiff, CHRISTOPHER DALTO, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP and does respectfully represent the following: 1. The above-captioned action was initiated by the filing of a Complaint on May 31, 2006. A copy of said Complaint is attached hereto as Exhibit "A". 2. Paragraph six (6) through paragraph (8) of the aforementioned complaint indicate that the collision occurred in the left hand westbound through lane of the Carlisle Pike, when in fact, the crash occurred in the westbound left hand turn land that is adjacent to the left hand westbound through lane. 3. Plaintiff wishes to amend the complaint to reflect the correct lane in which the collision occurred. 4. In addition, paragraph (19) states that the Plaintiff had sustained a loss of GI Bill benefits. S 5. Plaintiff wishes to amend paragraph (19), which would become paragraph (20), to clarify the loss of Army benefits that the Plaintiff avers he sustained, including; Loss of GI Bill Benefits, Loss of Army Signing Bonus, Loss of Army Pay for eight weeks, Loss of Army Tuition Assistance. 6. The statute of limitations has not yet expired with respect to the above captioned action. 7. Counsel for Defendant concurs in this Motion and has signed the Stipulation for Leave to File Amend Complaint attached hereto as Exhibit "B". 8. A final version of the proposed Amended Complaint is attached hereto and incorporated by reference herein as Exhibit "C". WHEREFORE, the Plaintiff respectfully requests this Honorable Court issue an Order permitting the Plaintiff to file an Amended Complaint identical in language to the proposed Amended Complaint attached hereto and incorporated by reference in this Motion as Exhibit "C". Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timot y en rg r, Es . Attorney I.D. # 34343 Date: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 -1- Shollenberger 8 Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@shollianlaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED 1 1A NOT ha sido demandado en el tribunal. Si usted desea defender contra los reclamos expuso en las paginas siguientes, usted debe tomar medidas dentro de veinte (20) dias despu6s que esta queja y la nota se sirven, entrando una apariencia escriben personalmente o por abogado y archivando en la escritura con el tribunal sus defensas o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falla de hacer asi que el caso pueda avanzar sin usted y un juicio puede ser entrado contra usted por el tribunal sin nota adicional para cualquier dinero reclamado en la queja o para cualquier otro reclamo o el alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELI=FONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO de la REDUCCION O NINGUN HONORARIO. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 -2- Shollenberger & Januai, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholljanlaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiffs, CHRISTOPHER DALTO, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, CHRISTOPHER DALTO, is an adult individual who currently resides at 6105 Millbank Drive, Mechanicsburg; Cumberland County, Pennsylvania. 2. Defendant, JASON GOSHORN, is an adult individual whose last known address was 18 Hickory Ridge, Newport; Perry County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on June 10, 2005, at or about 3:40 p.m., at the intersection of the Carlisle Pike and Gustin Drive, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Christopher Dalto, was the operator of a 1992 Yamaha Motorcycle. -3- Shollenberger & Januzzi, LLP 2225 Millennium Way: Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholljanlaw.com 7 5. At the aforesaid time and place, Defendant Jason Goshorn, was the operator of a 1995 Eagle TEI. 6. At the aforesaid time and place, Plaintiff Christopher Dalto, was traveling in the right lane of traffic traveling West on the Carlisle Pike on the aforesaid 1992 Yamaha Motorcycle in Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant Jason Goshorn, was traveling in the left hand lane traveling West on the Carlisle Pike and moved from the left hand lane to the right hand lane striking Plaintiff Christopher Dalto. 8. As a result of the aforesaid incident, Plaintiff Christopher Dalto, has suffered serious and permanent injuries, including but not limited to the following: a. Left Hand Abrasion; and b. Foot Contusion. 9. The aforesaid collision was the direct and proximate result of the negligence of Defendant Jason Goshorn, in operating the 1995 Eagle TEI in a careless, reckless, and negligent manner as follows: a. In failing to observe Plaintiffs vehicle on the highway; b. In failing to keep a reasonable look-out for other vehicles lawfully on the road; C. In otherwise operating said vehicle in careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. Failing to drive his/her vehicle as nearly as practicable entirely -4- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholljanlaw.com within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the defendant had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code; e. Moving his/her vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code; Driving his/her motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a) of The PA. Motor Vehicle Code; g. 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. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff Christopher Dalto, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has sustained a permanent diminution in his ability to enjoy life and life's -5- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) is@sholljanlaw.com 7 pleasures for which damages are claimed. 14. As a further result of this collision, Plaintiff Christopher Dalto, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 15. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, 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. 16. As a result of the collision, the physical damage to Plaintiff's vehicle was estimated to be $2,218.79. 17. Plaintiff's vehicle has been declared a total loss and its replacement value has been appraised at $4,399.00. Plaintiff claims reimbursement from the Defendant for the amount of the replacement value. 18. Plaintiff had the following items in his vehicle at the time of the wreck which were damaged as a result thereof, the replacement value of which Plaintiff claims reimbursement from the Defendant. The items include, but are not limited to: a. Motorcycle Helmet; b. Clothing; and -6- Shollenberger 8 Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) is@sholljanlaw.com C. Other various personal items. 19. Plaintiff claims other miscellaneous damages which were a result thereof, which include but are not limited to: a. Reimbursement for Military GI Bill. WHEREFORE, Plaintiff Christopher Dalto, demands judgment against Defendant Jason Goshorn, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, Date: E. ?5' 0b,- ER & JANUZZI, LLP Pa. ID No. 34343 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff -7- Shollenberger & Januzzi, LLP 2225 Millennium Way; Enola, PA 17025 (717) 728-3200 (Phone) (717) 728-3400 (Fax) ts@sholijanlaw.com VERIFICATION I,11AI? Sf ? iQr JIJ6 , hereby acknowledge that I am a Plaintiff in this action and that I have read the Jzt'dd1"Z"'4- 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. 09 Signature Date: '?E -04,J5 - C4 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)\Verification.wpd SHOLLENSERGER 8 JANUZZI. LLP 2225 AAllenn.um Way. Enala. PA 17025 (717) 728.3200 • FAX (717) 728.3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION FOR LEAVE TO FILE AMENDED COMPLAINT Pursuant to Pa.R.C.P. 1033, the parties to this action hereby stipulate and agree as follows: 1. Paragraph six (6) through paragraph (8) of Plaintiff's Complaint indicate that the collision occurred in the left hand westbound through lane of the Carlisle Pike, when in fact, the crash occurred in the westbound left hand turn land that is adjacent to the left hand westbound through lane. 2. The Plaintiff, Christopher Dalto, shall be permitted to amend his Complaint to reflect that the crash occurred in the westbound left hand turn land that is adjacent to the left hand westbound through lane. 3. The Plaintiff, Christopher Dalto, shall also be permitted to amend paragraph (19), which would become paragraph (20), to clarify the loss of Army benefits that the Plaintiff avers he sustained, including; Loss of GI Bill Benefits, Loss of Army Signing Bonus, Loss of Army Pay for eight weeks, Loss of Army Tuition Assistance. SHOLLENBERGER & JANUZZI, LLP CALDWELL & KEARNS By: By: T othy ollen erger, Esq. Counsel for the Plaintiff, Christopher Dalto r. McGuire, Counsel for ant, Jason Goshorn SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM 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 claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Usted ha sido demandado en el tribunal. Si usted desea defender contra los reclamos expuso en las paginas siguientes, usted debe tomar medidas dentro de veinte (20) dfas despues que esta queja y la nota se sirven, entrando una apariencia escriben personalmente o por abogado y archivando en la escritura con el tribunal sus defensas o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falla de hacer asf que el caso pueda avanzar sin usted y un juicio puede ser entrado contra usted por el tribunal sin nota adicional para cualquier dinero reclamado en la queja o para cualquier otro reclamo o el alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMAC16N SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE LISTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO de la REDUCCION O NINGON HONORARIO. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, CHRISTOPHER DALTO, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: 1. Plaintiff, CHRISTOPHER DALTO, is an adult individual who currently resides at 6105 Millbank Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, JASON GOSHORN, is an adult individual whose last known address was 18 Hickory Ridge, Newport, Perry County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on June 10, 2005, at or about 3:40 p.m., on the Carlisle Pike near its intersection with Gustin Drive, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Christopher Dalto, was the operator of a 1992 Yamaha Motorcycle. 5. At the aforesaid time and place, Defendant Jason Goshorn, was the operator of a 1995 Eagle TEI. 6. At the aforesaid time and place, Plaintiff Christopher Dalto, was operating the 1992 Yamaha Motorcycle in the left hand west bound through lane of the Carlisle Pike. 7. At the aforesaid time and place, Defendant Jason Goshorn, was operating the 1995 Eagle TO in the right hand west bound through lane of the Carlisle Pike. 8. At the aforesaid time and place, Defendant Jason Goshorn moved the 1995 Eagle TO into the left hand west bound through lane, causing Plaintiff, Christopher Dalto, to move the 1992 Yamaha Motorcycle into the left hand westbound turning lane 9. At the aforesaid time and place, Defendant Jason Goshorn continued to move the 1995 Eagle TEI to the left and into the left hand westbound turning lane, striking the 1992 Yamaha Motorcycle operated by Plaintiff, Christopher Dalto. 10. As a result of the aforesaid incident, Plaintiff Christopher Dalto, has suffered serious and permanent injuries, including but not limited to the following: a. Left Hand Abrasion; and b. Right Foot Contusion. 11. The aforesaid collision was the direct and proximate result of the negligence of Defendant Jason Goshorn, in operating the 1995 Eagle TO in a careless, reckless, and negligent manner as follows: a. Failing to drive his vehicle as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before he had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code; b. Moving his vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code; and c. Driving his motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a) of The PA. Motor Vehicle Code; 11. As a direct and proximate result of the aforesaid injuries, Plaintiff Christopher Dalto, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of this collision, Plaintiff Christopher Dalto, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, 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. 17. Plaintiff Christopher Dalto was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff Christopher Dalto remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 18. As a result of the collision, the physical damage to Plaintiffs motorcycle was estimated to be $2,218.79. 19. Plaintiff had the following items on his person at the time of the wreck which were damaged as a result thereof, the replacement value of which Plaintiff claims reimbursement from the Defendant. The items include, but are not limited to: a. Motorcycle Helmet; and b. Clothing. 20. Plaintiff claims other miscellaneous damages which were a result thereof, which include but are not limited to: a. Loss of GI Bill Benefits; b. Loss of Army Signing Bonus; c. Loss of Army Pay for eight weeks; and d. Loss of Army tuition assistance WHEREFORE, Plaintiff Christopher Dalto, demands judgment against Defendant Jason Goshorn, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Date: Timothy A. Shollenberger, Esquire Pa. ID No. 34343 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE I, Timothy A. Shollenberger, hereby certify that I contacted counsel for Defendant, Jeffrey T. McGuire, Esquire and he concurs in the filing of this Motion for Leave to File Amended Complaint. SHOLLENBERGER & JANUZZI, LLP By: v&- /? L helf T thy 4A.hdfI&n'6et6e-r Dated: 1 21 t 06 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Z 1st day of November, 2006, 1 hereby certify that a true and correct copy of the foregoing Motion for Leave to File Amended Complaint has been served upon the following, Attorney for Defendant, via U.S. Mail: Jeffrey T. McGuire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 SHOLLENBERGER & JANUZZI, LLP By: T o . Shollenberger . ? _ ; -rl c.. , - _? ? ; ' . ^.J ?- r -.-. -- T __. ('..." •? ? ? h?t ?.? .? r ? NOV 2 5 2006 ly` SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER th AND NOW this day the day of L , 2006, it is hereby ORDERED that Plaintiff's Motion for Leave to File Amended Complaint is GRANTED and the Plaintiff shall file an Amended Compliant identical to the one attached to Plaintiff's Motion as Exhibit "C". 5 Nno o I R8 V 9- 330 900Z 3AHI Jo SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM 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 claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Usted ha sido demandado en el tribunal. Si usted desea defender contra los reclamos expuso en las paginas siguientes, usted debe tomar medidas dentro de veinte (20) dias despues que esta queja y la nota se sirven, entrando una apariencia escriben personalmente o por abogado y archivando en la escritura con el tribunal sus defensas o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falla de hacer asi que el caso pueda avanzar sin usted y un juicio puede ser entrado contra usted por el tribunal sin nota adicional para cualquier dinero reclamado en la queja o para cualquier otro reclamo o el alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A 0 LLAME POR TELI?FONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACI6N SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO de la REDUCCI6N 0 NINGUN HONORARIO. CUMBERLAND COUNTY BAR ASSOICATION 32 S. Bedford Street; Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes the Plaintiffs, CHRISTOPHER DALTO, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: 1. Plaintiff, CHRISTOPHER DALTO, is an adult individual who currently resides at 6105 Millbank Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, JASON GOSHORN, is an adult individual whose last known address was 18 Hickory Ridge, Newport, Perry County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on June 10, 2005, at or about 3:40 p.m., on the Carlisle Pike near its intersection with Gustin Drive, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Christopher Dalto, was the operator of a 1992 Yamaha Motorcycle. 5. At the aforesaid time and place, Defendant Jason Goshorn, was the operator of a 1995 Eagle TEI. 6. At the aforesaid time and place, Plaintiff Christopher Dalto, was operating the 1992 Yamaha Motorcycle in the left hand west bound through lane of the Carlisle Pike. 7. At the aforesaid time and place, Defendant Jason Goshorn, was operating the 1995 Eagle TO in the right hand west bound through lane of the Carlisle Pike. 8. At the aforesaid time and place, Defendant Jason Goshorn moved the 1995 Eagle TEI into the left hand west bound through lane, causing Plaintiff, Christopher Dalto, to move the 1992 Yamaha Motorcycle into the left hand westbound turning lane 9. At the aforesaid time and place, Defendant Jason Goshorn continued to move the 1995 Eagle TEI to the left and into the left hand westbound turning lane, striking the 1992 Yamaha Motorcycle operated by Plaintiff, Christopher Dalto. 10. As a result of the aforesaid incident, Plaintiff Christopher Dalto, has suffered serious and permanent injuries, including but not limited to the following: a. Left Hand Abrasion; and b. Right Foot Contusion. 11. The aforesaid collision was the direct and proximate result of the negligence of Defendant Jason Goshorn, in operating the 1995 Eagle TEI in a careless, reckless, and negligent manner as follows: a. Failing to drive his vehicle as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before he had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code; b. Moving his vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code; and c. Driving his motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a) of The PA. Motor Vehicle Code; 12. As a direct and proximate result of the aforesaid injuries, Plaintiff Christopher Dalto, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 16. As a further result of this collision, Plaintiff Christopher Dalto, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 17. As a further result of the aforesaid injuries, Plaintiff Christopher Dalto, has incurred or may hereinafter incur financial expenses and losses, which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. Plaintiff Christopher Dalto was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff Christopher Dalto remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 19. As a result of the collision, the physical damage to Plaintiff's motorcycle was estimated to be $2,218.79. 20. Plaintiff had the following items on his person at the time of the wreck which were damaged as a result thereof, the replacement value of which Plaintiff claims reimbursement from the Defendant. The items include, but are not limited to: a. Motorcycle Helmet; and b. Clothing. 21. Plaintiff claims other miscellaneous damages which were a result thereof, which include but are not limited to: c. Loss of GI Bill Benefits; d. Loss of Army Signing Bonus; e. Loss of Army Pay for eight weeks; and f. Loss of Army tuition assistance WHEREFORE, Plaintiff Christopher Dalto, demands judgment against Defendant Jason Goshorn, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, Date: 12 -) ?. o6 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 111day of December, 2006 1 hereby certify that I have served the foregoing document to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jeffrey T. McGuire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: / Ti th A. olle ergR , E uire ! • VERIFICATION I, C?1r1S ?+O , hereby acknowledge that I am a Plaintiff in this action and that I have read the PWnCn6ed Coy )P?O- 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. Signature k' 17 Date: Q 18 1 ou G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)Werification.wpd SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728.3200 6 FAX (717) 728-3200 c? ? C3 t r_5 n rl ss co ;i n Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Jason Goshorn CHRISTOPHER DALTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JASON GOSHORN, Defendant. NO. 06-3105 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Christopher Dalto c/o Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millenium Way Enola, PA 17025 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Ily submitted, Date: o21916-2 By: ?J Wey, T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Jason Goshorn Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Jason Goshorn CHRISTOPHER DALTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JASON GOSHORN, Defendant. NO. 06-3105 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT, JASON GOSHORN'S ANSWER AND NEW MATTER TO PLAINTIFF CHRISTOPHER DALTO'S AMENDED COMPLAINT AND NOW, comes Defendant, Jason Goshorn, by and through his attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, PC, and files the within Answer to Plaintiff's Amended Complaint and avers in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant was operating a 1995 Eagle Talon ESI. 6. Denied. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied as a conclusion of law. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied as a conclusion of law. 19. Denied. 20. Denied. 21. Denied. WHEREFORE, Defendant, Jason Goshorn, respectfully requests this Honorable Court to dismiss the Complaint and enter judgment in its favor and against Plaintiffs at no cost to Defendant but together with such costs, expenses and attorneys fees as authorized by law, and which the Court deems just, necessary and appropriate under the circumstances. NEW MATTER 22. Plaintiffs' claim is barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 23. Plaintiffs' injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs' complaint. 24. In accordance with §1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 2 25. Plaintiff fails to plead whether she was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. §1705. 26. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. 27. Based upon information and belief, Plaintiff was contributorily negligent for: a. passing or attempting to pass in a turning lane; and b. driving in a special lane for making left turns by drivers proceeding in opposite directions for a purpose other than preparing or making a left turn or into the roadway or preparing for or making a legally permissible U-turn in violation of Section 3331 (d) (2) of the Pennsylvania Motor Vehicle Code. WHEREFORE, Defendant, Jason Goshorn, respectfully requests this Honorable Court to dismiss the Complaint and enter judgment in its favor and against Plaintiff at no cost to Defendant but together with such costs, expenses and attorneys fees as authorized by law, and which the Court deems just, necessary and appropriate under the circumstances. Respectfully submitted, Date: C? 1116-7 By: J McGuire, Esquire torney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Jason Goshorn 06621-002/108036 3 VERIFICATION I, Jeffrey T. McGuire, Esquire, Esquire, Attorney for Defendant, Jason Goshorn, who is authorized to make this Verification on Defendant's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief.. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 7 Jeffr . McGuire, Esquire CERTIFICATE OF SERVICE AND NOW, this 9th day of February 2007, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 CALDWELL & KEARNS By: Shirle M Erb, Secretary C7 P-a 22 r W "` SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFEFDANT'S NEW MATTER' AND NOW, comes Plaintiff, CHRISTOPHER DALTO, by and through his attorneys, Shollenberger & Januzzi, LLP, files this reply to new matter and respectfully represents the following: Paragraphs 1 through 21 of the Plaintiff's Amended Complaint are incorporated herein by reference as if set forth in full. 22. 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). 23. Said averment is denied pursuant to Pa. R.C.P. 1029(e). Plaintiff's injuries did not exist prior to the motor vehicle collision which is the subject of Plaintiff's complaint. 24. 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). r .f 25. Denied. Paragraph 18 of Plaintiff's complaint states Plaintiff remains eligible to claim compensation for economic and non-economic damages because Plaintiff was operating a motorcycle at the time of the collision, which is not a private passenger motor vehicle under 75 Pa. C.S.A. §1705. 26. 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). 27. Denied. Plaintiff was not attempting to pass or drive in a turning lane, but was forced to enter the turning lane because Defendant entered the left-hand through lane directly in the path of Plaintiff. 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 for Plainti By: Timoth A. Sho enberger, Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Date: Feb - 20 2,007 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this2o* day of February, 206f 1 hereby certify that I have served the foregoing document to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jeffrey T. McGuire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timothy I Shollenberger, Esquire Fii a? N ? fi5 CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Christopher Dalto, : In the Court of Common Pleas Plaintiff, : Cumberland County, Pennsylvania V. No. 06-3105 Civil Term Jason Goshorn, Civil Action -Law Defendant. Jury Trial Demanded CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoenas, are attached to this certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent By: Date: 3 /(? () q J Esquire I)D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Christopher Dalto, : In the Court of Common Pleas Plaintiff, : Cumberland County, Pennsylvania V. No. 06-3105 Civil Term Jason Goshorn, Civil Action -Law Defendant. Jury Trial Demanded NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made the subpoenas may be served. Respectfully submitted, CAL ELL & KEARNS By: (/// Jef . McGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Date: 14011 / 0'7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Christopher Dalto, Plaintiff, File No. 06-31 05 Civil-Term v. Jason Goshorn, Civil Action - Law Defendant. Jury Trian Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: $ri P TnSUranc_P Company (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: Any and all insurance records and PIP files, including but not limited to medical records and/or reports, claims, any and all correspondence , documentation supporting Plaintiff's claim, payments including dates of payments, payee and reasons for payments, in 1 rdinc? any and all such items as may be stored in a com uter database or otherwise in electronic form. Additional , any and all property damaar file including bn n• i i ed to estimates receipts for repairs and p otograp s per aining o: Christopher Dalto, DOB 10/16/86, SSN 191-68-3D?LO?i/10/05 atrl?1,1- 1 £ Koarnc gC121 N Pronf St_ Hbg. , PA 17110 (Address) 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: Jeffrey T_ McGuire, Esquire ADDRESS: 3631 North Front Street Harrisburg., PA 17110 TELEPHONE: 717-2-42-2661 SUPREME COURT ID# 73617 ATTORNEY FOR: D e f e nd a n A - BY THE COURT: Prothonotary, Civil Division Date: "Seal of the Court Deputy CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Christopher Dalto, Plaintiff, : In the Court of Common Pleas : Cumberland County, Pennsylvania V. Jason Goshorn, Defendant. : No. 06-3105 Civil Term : Civil Action -Law : Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW this:"ay of _, 2007, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 By: 114346 CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Christopher Dalto, Plaintiff, : In the Court of Common Pleas : Cumberland County, Pennsylvania V. Jason Goshorn, Defendant. : No. 06-3105 Civil Term : Civil Action -Law : Jury Trial Demanded NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made the subpoenas may be served. Respectfully submitted, CAL ELL & KEARNS By: V// Je . McGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Date: a,1oo/o7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Christopher Dalto, Plaintiff, _ FileNo_ 06-3105 Civil Term v. Jason Goshorn, Civil Action - Law Defendant. = Jury Trian Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO (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: . z5 rihbtmyirtI eB olanngan8da?lare°orc, f corf espon . ne to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physica reports, medication/prescription records, medical billing an payment recor s, x-ray i ms an tests with sUbseqiFe-nt reports, including any and all such items as may be stored in a r?mnrfPr r7atabage o otherwise_i elec onic form r-eIa?in o an ex?m?n- anion, cons in Viagnosi or treatment pXrtaining to: ChristopheroDal o, DOB TOM at SSN 191-68-3890 Hb? PA 17?1O r?' 331 N Front St g . , (Address) 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 rigbt 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 mthin 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: Jeffrey T- MrGu i P, Esquire ADDRESS: 3631 North Front Street Harr i_ ura, PA 17110 TELEPHONE: 71 7_ Z-j ?- 7 C f j SUPREME COURT ID #_7 3 61 7 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil Division Date: "Seal of the Court Deputy CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Christopher Dalto, Plaintiff, V. Jason Goshorn, Defendant. : In the Court of Common Pleas : Cumberland County, Pennsylvania No. 06-3105 Civil Term Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW this?y of , 2007, 1 hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 By: ?VIud 114346 CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Christopher Dalto, Plaintiff, In the Court of Common Pleas Cumberland County, Pennsylvania V. No. 06-3105 Civil Term Jason Goshorn, Civil Action -Law Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW thilday of, 2007, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 By: 4l 's4 0 it- -r7 7 Ilk CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3105 ,Civil 2006 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: Adam T. Wolfe, Esq. counsel for the plaintiff/dDfond" 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 $ 50,000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit asarbitrators: Anyone from the law firms of Shollenberger S Januzzi, LLP, Enola, PA or Caldwell g Kearns, P.C.. Harrisbura. PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Adam T. Wolfe, Esquire Respe tfullysubmitted, Shollenberger & Januzzi, LLP 2225 Millennium Way ?- Enola, PA 17025 f Dated: 12/4/07 Adam T. ORDER OF COURT Wolfe, Esquire AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY Q AOL F .? tic ,? . , ? 0 ma CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3105 ,Civil 2006 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: Adam T. Wolfe, Esq. , counsel for the plaintif dnfandmit 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 $ 50,000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit asarbitrators: Anyone from the law firms of Shollenberger g Januzzi, LLP, Enola, PA or Caldwell S Kearns, P.C., Harrisburq, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Adam T. Wolfe, Esquire Respe tfullysubmitted, Shollenberger S Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Dated: 12/4/07 Adam T. Wolfe, Esquire ORDER OF COURT AND NOW, W`vc- , 200 7 , in consideration of t foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed or. B Ctbto , .7, EDGAR B. BAYLEY --a -6A, I-T O YT 1 ? i 0 O a b :;; C.ka © n ?.. -'D lei AIX, t8S I./tOPI vim'' COP' Jos` ?IVr Plaintiff jc?&nn Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. C) G - .311 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Name (Chairman) Law Firm ' Address City, Zip Signature Name L c wck{ C4 Law Firm z "" L) 13d- Address r., ??,tc M 0011 City, zip ? 10776 Award Signature ?o &1-12 l?r?c Name Law Firm MIjemi own S f Address r pr ?7v55 &ndfil-csm '6' City, Zip * aod39 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: (Chairman) Date of Award: ?R ja? 7LO f Notice of Entry of Award Now, the 617 44. day of Fp rQq ry_, 20 0$ , at 3'OL , jP _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ 35t , ,Q0 By: thonotary Deputy ' 64 Copt- &?1 , -rj'MO 3 ?Mz-$ . XIL 4"l 0A7 08 o?S r? Cr.,s SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER DALTO, Plaintiff V. JASON GOSHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3105-CIVIL TERM 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, SHOLLENBERGER & JANUZZI, LLP Attornevs for the Plaintiff By: ON "I - Adam T. Wolfk, Esquire Date: April 16, 2008 Attorney I.D. #201057 r°? ? ? ? w. , . ?;?r ._a ??, ?, .' -? ? -?"