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HomeMy WebLinkAbout06-4346IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Heather Plank Van Tassels 851 Brian Drive versus Enola, PA 17025 No. 01, - g3L11, Civil Action - Law JURY TRIAL DEMANDED Michael R. Orr 117 East Main Street, Apt. 2 Mechanicsburg, PA 17055 and William K. Coleman c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP Signature of Attorney 2225 Millennium Way Supreme Cburt I.D. No. 34343 Enola, Pennsylvania 17025 (717) 728-3200 Date: J-uJq 96, dLIC& WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): MICHAEL R. ORR and WILLIAM K. COLEMAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: 2 112 nnA Proth otary by Deputy ( ) Check here if reverse is issued for additional information ? ? e 4 .? a ,-, ?? ?_. .. ,:;:_ ?, E?..' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED Please reissue the Writ of Summons against the Defendant, Michael R. Orr, in the above- captioned action. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: xllze? zl? T y . Sh nbei r, E uire Dated: August 2S , 2006 ? ? O `? ? ? j f', ? ?" '.„r fi `. ? ?.? ?1..: .:... yM' ":7.: ?i C:J C7 r 7 ? -G ?O SHERIFF'S RETURN - NOT FOUND s N CASE NO: 2006-04346 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VAN TASSELL HEATHER PLANK VS ORR MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ORR MICHAEL R but was unable to locate Him in his bailiwick. He therefore returns the TOT') T m /l Y." C+T TA/fA9nT,'r ! the within named DEFENDANT ORR MICHAEL R 117 EAST MAIN STREET APT 2 NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So a Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 h iff of Cumberland County Postage .39 42.19E HOLLENBERGER & JANUZZI (4v" 412510O 08/07/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VAN TASSELL HEATHER PLANK VS ORR MICHAEL R ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon COLEMAN WILLIAM K the DEFENDANT , at 0824:00 HOURS, on the 4th day of August 2006 at CUMBERLAND COUNTY RPISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to WILLIAM COLEMAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .0 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 20.40 ? 08/07/2006 SHOLLENBERGER & JANUZZI Sworn and Subscibed to By:l Z?? before me this day Deputy Sheriff of A.D. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT To the Prothonotary: Please reissue the Writ of Summons against the Defendant, Michael R. Orr, in the above- captioned action. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 4 By. 40?4 Timothy . Shollenberger, Esquire Dated: October 25, 2006 f? ? C7 C7, C -In _ ;;=_ : o a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED M N SERVE BY PUBLICATION AND NOW, comes the Plaintiff, Heather Plank Van Tassell, by and through her attorneys, Shollenberger and Januzzi, LLP, and respectfully represents the following: 1. The Plaintiff, Heather Plank Van Tassell, is an adult individual who currently resides at 851 Brian Drive, Enola, Pennsylvania 17025. 2. The Defendant, Michael R. Orr, is an adult individual whose last known address was 117 East Main Street, Apt. 2, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff filed a Writ of Summons against the Defendant on or about July 31, 2006. A copy of the Writ is attached hereto and incorporated by reference herein as Exhibit "A." 4. Plaintiff attempted personal service upon the Defendant at his last known address at 117 East Main Street, Apt. 2, Mechanicsburg, Pennsylvania 17055, via Cumberland County Sheriff, whose return of service indicated that the Defendant "Moved and Left No Forwarding Address." A copy of the Sheriff's Return is attached hereto and incorporated herein as Exhibit "B." 5. The Plaintiff, through her counsel, has made a reasonable investigation as required by Pa.R.C.P. 430 in an effort to serve the Defendant by conventional means. Counsel's efforts to locate the Defendant are enumerated in the Affidavit attached hereto and incorporated herein as Exhibit "C." 6. None of the resources set forth in the Affidavit have revealed any positive information regarding the whereabouts of the Defendant. WHEREFORE, Plaintiff respectfully requests your Honorable Court grant her Motion and allow her to serve the Defendant by publication pursuant to Pa.R.C.P. 430(a). Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY: Timo (LN511 Atto ey for Pla' tiff I.D. No. 34343 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: Novembery4Z/I 2006 IN THE COURT OF COMMON PLEAS `< ;;' CUMBERLAND COUNTY, PENNSYLVANIA J No. - ? ?3?? ?l??j?T? Civil Action -Law JURY TRIAL DEMANDED Michael R. Orr 117 East Main Street, Apt. 2 Mechanicsburg, PA 17055 Heather Plank Van Tassell 851 Brian Drive versus and Enola, PA 17025 William K. Coleman c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger 8 Januzzi, LLP Signature o Attorney 2225 Millennium Way Supreme C urt I.D. No. 34343 Enola, Pennsylvania 17025 (717) 728-3200 Date: J'ujq a?e!o, ?(n WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): MICHAEL R. ORR and WILLIAM K. COLEMAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Proth otary Date: by Deputy ( ) Check here if reverse is issued for additional information TRUE COPY FROM RECORD lil Testimony whereof, I We. t,nto set my hand and the s?1 of Said Cou ? at I lisle, ?P,a,.??/ Ts`ti5?? - d3yr0????? o?G.?c SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2006-04346 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :LAN TASSELL HEATHER PLANK ?. VS ORR MICHAEL R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ORR MICHAEL R but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , , NOT FOUND , as to the within named DEFENDANT ORR MICHAEL R 117 EAST MAIN STREET APT 2 MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 8.80 Not Found 5.00 Surcharge 10.00 Postage .39 42.19 So 'R. Thomas Kline ff of Cumberland County SHOLLENBERGER & JANUZZI 08/07/2006 Sworn and Subscribed to before me this day of A. D. B COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND I, TIMOTHY A. SHOLLENBERGER, ESQUIRE, do swear and affirm the following: That I am the attorney for the Plaintiff, Heather Plank Van Tassell, in the foregoing civil action; 2. That notice to the Defendant of the foregoing civil action was unsuccessfully attempted by the Cumberland County Sheriff, whose return of service indicated that the Defendant "moved and left no forwarding address; 3. That I have contacted telephone directory assistance for the Mechanicsburg and Harrisburg areas and have been advised that there is no listing for the Defendant; 4. That I have requested address information of the U.S. Postmaster pursuant to the Freedom of Information Act, which has revealed that the Defendant's address is unknown (see Exhibit "D" attached hereto); 5. That I have searched the following internet search engines in an effort to locate the Defendant's whereabouts, with no success: a. WestLaw b. Zabasearch.com C. Veromi.net d. anywho.com e. searchbug.com f. smartpages.com g. switchboard.com h. whitepages.com i. peoplefinders.com 6. That I have contacted the following individuals who I believed to have a connection to the Defendant in some manner and who were revealed to me via the internet search engines set forth in Paragraph 5, with the follow results: a. Lisa K. Brenneman, a/k/a Lisa K. Orr, the ex-wife of the Defendant, whose telephone number has been disconnected and no forwarding number available; b. Larry W. Brenneman, former brother-in-law of the Defendant, who advised that he believes the Defendant has left the Mechanicsburg area, but has no contact with him and does not know his address or telephone number; C. Howard R. Bentzel, who obtained a monetary judgment against the Defendant on August 18, 2004. Mr. Bentzel advised that the Defendant did not participate in the litigation that led to the judgment, and that he had no idea where the Defendant may be; d. Upper Allen Township Magisterial District Judge Mark Martin, whose office entered the judgment set forth in Subparagraph c above, and who advised that the office had no updated address or other inf ation for the Defendant. 'Z/ /ZZ of A o enberg r, Esquire Postmaster Date: August 30; 2006 Mechanicsburg. PA 17055 City, State, LIP Code REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Michael Orr Address: _1 17 East Main Street, Apt. 2, Mechanicsburg, PA 17055 Note: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii). There is no fee for providing boxholder or change of address information. 1. Capacity of requester (e.g., process server, attorney, party representing self): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Heather Plank VanTassell and Melanie Pepperman 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 06-4346 and 06-4347 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation. 2225 Millennium Way SigftAt re" Address Timothy A. Shollenberger, Esquire Enola, PA 17025 Printed Name City, State, ZIP Code POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS OR BOXHOLDER'S NAME POSTMARK i./ Moved, left no forwarding address. AND STREET ADDRESS No such address. ^r 4 ?? ? C-n .33 SHOLLENBERGER & JA'NUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEEIPE TO REISSUE WRIT To the Prothonotary: Please reissue the Writ of Summons against the Defendant, Michael R. Orr, in the above- captioned action. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Ti othy Sho enberger, Esquire Dated: December 1, 2006 r-? c. Pb te` ' r - - ; .Ajt3 5 SHOLLENBERGER & JANUZZI, LLP DEC ®?2006 ,A 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this W day of Qe,c,9. ". tr , 2006, upon consideration of the within Motion for Service by Publication, and good cause appearing therefor, it is hereby ORDERED that the Motion is granted. The following notice shall be published once in the Cumberland Law Journal, and once in the Harrisburg Patriot-News: HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants TO: MICHAEL R. ORR, DEFENDANT NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED You are notified that the Plaintiff, Heather Plank Van Tassell, has commenced a civil action against you entered to No. 06-4346 in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. ATTORNEY FOR PLAINTIFFS: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 CP T f n ? LJ t? NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BY THE COURT: ?* -?' (1A SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 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 Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, HEATHER PLANK VAN TASSELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent the following: COUNT I FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, HEATHER PLANK VAN TASSELL, is an adult individual who currently resides at 629 Mountain Road, Millerstown, Pennsylvania 17062. 2. Defendant, WILLIAM K. COLEMAN, is an adult individual whose last known address is 12 West Lisburn Road, Mechanicsburg, Pennsylvania 17055. 3. Defendant, MICHAEL R. ORR, is an adult individual whose last known address is 117 East Main Street, Apartment 2, Mechanicsburg, Pennsylvania 17055. 4. The facts and circumstances hereinafter set forth and took place on December 26, 2004, at approximately 10:45 p.m., on North Market Street in the vicinity of West Strawberry Avenue and West Main Streets in Mechanicsburg Borough, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the Plaintiff, HEATHER PLANK VAN TASSELL, was a passenger in a 1990 Ford CVL being operated by Scott Pepperman. 6. At the aforesaid time and place, the Defendant, WILLIAM K. COLEMAN, was the operator of a 1989 Merkur SCO which was owned by Defendant, MICHAEL R. ORR. 7. At the aforesaid time and place, Defendant, WILLIAM K. COLEMAN, was traveling eastbound on West Strawberry Avenue. 8. At the aforesaid time and place, eastbound traffic on West Strawberry Avenue was governed by an official traffic control device, namely a stop sign. 9. At the aforesaid time and place, Defendant WILLIAM K. COLEMAN failed to stop the Merkur at the stop sign and made a wide right hand turn into the northbound lane of Market Street [Route 114] whereupon the Merkur crashed head on into the vehicle being occupied by the Plaintiff. 10. At the aforesaid time and place, Defendant WILLIAM K. COLEMAN, was under the influence of alcohol such that he was unfit to operate a motor vehicle. 11. After the crash, Defendant WILLIAM K. COLEMAN, attempted to flee the scene by backing up and heading south on Market Street. Defendant WILLIAM K. COLEMAN failed to stop for the traffic signal at North Market Street and Main Street whereupon his vehicle collided with a third vehicle and essentially disabled the vehicle he was operating leading to his apprehension by the police after he attempted to flee on foot. 12. As a result of the aforesaid collision, Plaintiff, HEATHER PLANK VAN TASSELL, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments, and other soft tissues at or about the cervical spine; b. Contusions; C. Closed head injury; d. Left shoulder injury; e. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; f. Post traumatic cephalgia including migraines; g. Concussion; h. Post concussion syndrome; i. Cervical myofascial pain; j. Sleep disturbance secondary to pain; k. Cognitive disorder, not otherwise specified, secondary to head injury and traumatic brain injury; and 1. Major depressive disorder and/or mood disorder secondary to head injury. 14. As a further result of the aforesaid injuries, Plaintiff HEATHER PLANK VAN TASSELL, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, HEATHER PLANK VAN TASSELL, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, HEATHER PLANK VAN TASSELL, 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 this collision, Plaintiff, HEATHER PLANK VAN TASSELL, 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 contact, 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, HEATHER PLANK VAN TASSELL, 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. Plaintiff, HEATHER PLANK VAN TASSELL, sustained a serious injury in this collision which has caused her a serious impairment of body function. Therefore, Plaintiff, HEATHER PLANK VAN TASSELL, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 20. Defendant, WILLIAM K. COLEMAN, was convicted and/or pled guilty to driving under the influence of alcohol at the time of this collision. Therefore, Plaintiff, HEATHER PLANK VAN TASSELL, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNT II HEATHER PLANK VAN TASSELL V. WILLIAM K. COLEMAN 22. Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 23. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, WILLIAM K. COLEMAN, in operating his vehicle in a careless, reckless, and negligent manner as follows: a. Driving, operating or being in actual physical control of the movement of a motor vehicle after imbibing a sufficient amount of alcohol such that he was rendered incapable of safely driving, operating or being in actual physical control of a motor vehicle in violation of Section 3802 (a)(1) of the PA Motor Vehicle Code; b. Failing to stop the vehicle he was operating at the point nearest the intersecting roadway where he had a clear view of approaching traffic on that intersecting roadway before entering it in violation of Section 3323(b) of the PA Motor Vehicle Code; C. Failing to yield the right-of-way to another vehicle approaching an intersection on another roadway so close as to constitute a hazard during the time that he was moving the vehicle he was operating within the intersection or junction of roadways in a manner contrary to preferential right- of-way stop sign placed at that intersection in violation of Section 3323(b) of the PA Motor Vehicle Code; and d. Making a wide right turn such that the vehicle he was operating crossed the center line into the opposing lane of travel. WHEREFORE, Plaintiff HEATHER PLANK VAN TASSELL, demands judgment against WILLIAM K. COLEMAN for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III HEATHER PLANK VAN TASSELL V. MICHAEL R. ORR 24. Paragraphs 1 through 23 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 25. The aforesaid collision is the direct and proximate result of Defendant, MICHAEL R. ORR, allowing the Defendant, WILLIAM K. COLEMAN, to operate the Merkur when they knew or should have known that Defendant, WILLIAM K. COLEMAN, would likely operate the Merkur in such a manner as to create an unreasonable risk of harm to other drivers on the roadway because: a. Defendant, WILLIAM K. COLEMAN has a history of negligent or reckless driving on occasions prior to December 26, 2004; and b. Defendant, WILLIAM K. COLEMAN, was in an intoxicated state when he was given permission to operate the vehicle. WHEREFORE, Plaintiff, HEATHER PLANK VAN TASSELL, demands judgment against WILLIAM K. COLEMAN and MICHAEL R. ORR for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT IV PUNITIVE DAMAGES HEATHER PLANK VAN TASSELL V. WILLIAM K. COLEMAN 26. Paragraphs 1 through 25 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 27. Immediately before the aforementioned collision, the Defendant, WILLIAM K. COLEMAN, became voluntarily intoxicated. 28. At the aforesaid time and place, the Defendant, WILLIAM K. COLEMAN, was operating the Merkur SCO while he was intoxicated to a degree rendering him unfit to drive. 29. Defendant, WILLIAM K. COLEMAN'S operation of a motor vehicle while voluntarily intoxicated is an act which was malicious, wanton, intentional and in reckless disregard of the safety of the Plaintiff, HEATHER PLANK VAN TASSELL. 30. Following the collision, Defendant COLEMAN fled the scene of the collision without checking on the status of the Plaintiffs or the nature or extent of their injuries. This act was wanton, intentional and in reckless disregard of the safety of the Plaintiff, HEATHER PLANK VAN TASSELL. WHEREFORE, the Plaintiff, HEATHER PLANK VAN TASSELL, demands judgment in her favor and against the Defendant, WILLIAM K. COLEMAN, for punitive damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBE,4GER& JANUZZI, LLP By: tty: 1. S G:1TIM CASE FILES- OPEN\Plank, Heather [Van Tassell]\Pleadings\042007 Complaint [Ik].doc _.3 f.: ._ a =r f1i :? ! • HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Michael R. Orr and William K. Coleman, with regard to the above-captioned matter. Respectfully submitted, Date: C'-, - ( ` 0 NESTICO, DRUBY & HILDABRAND, LLP "?? - ?? Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 ,r r CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., Sk hereby certify that on the day of June 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 arl R. Hildabrand C) c c= O ca L7 t_ c n r . `: _ . o rn SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVING' DISCOVERY TO THE PROTHONOTARY: Please take notice that the Plaintiff, Heather Plank Van Tassell, served Interrogatories and Request for Production of Documents addressed to Defendants, Michael R. Orr and William K. Coleman, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 19th day of June, 2007. SHOLLENBERGER & JANUZZI, LLP BY: ' T Aire ?b Attorney for Plaintiff Dated: June`'" , 2007 J SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this day of June, 2007, 1 hereby certify that a copy of the foregoing Notice of Serving Discovery has been served upon the following, via U.S. Mail, Postage Prepaid: KARL R. HILDABRAND, ESQUIRE NESTICO, DRUBY & HILDABRAND, LLP 840 EAST CHOCOLATE AVENUE HERSHEY, PA 17033 SHOLLENBERGER & JANUZZI, LLP By: Sho enberger, Esq. N 4 a m •• ' --C [.l7 ?5 m -< SHERIFF'S RETURN - REGULAR CASE NO: 2006-04346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VAN TASSELL HEATHER PLANK VS ORR MICHAEL R ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLEMAN WILLIAM K the DEFENDANT , at 0916:00 HOURS, on the 25th day of May 2007 at 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055 by handing to WILLIAM K COLEMAN a true and attested copy of COMPLAINT & NOTICE together with INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.60 Postage .41 Surcharge 10.00 R. Thomas Kline .00 G1oy/o7 Q ti/ 38.01 05/29/2007 SHOLLENBERGER & JANUZZI Sworn and Subscibed to By: d:? I R before me this day De ty She ff 17-- T of A.D. HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Denied. The averments of paragraph 3 are specifically denied and proof thereof is demanded at trial. 4. Admitted in part and denied in part. It is admitted that an accident occurred at approximately 10:45 p.m. on December 26, 2004 at the location indicated. The remaining averments of paragraph 4 are specifically denied and proof thereof is demanded at trial. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The averments of paragraph 9 are specifically denied and proof thereof is demanded at trial. 10. Denied. The averments of paragraph 10 are specifically denied and proof thereof is demanded at trial. 11. Denied. The averments of paragraph 11 are specifically denied and proof thereof is demanded at trial. 12. Denied. The averments of paragraph 12 and subparagraphs (a) through (1) are specifically denied and proof thereof is demanded at trial. 13. There is no paragraph 13. 14. Denied. The averments of paragraph 14 are specifically denied and proof thereof is demanded at trial. 15. Denied. The averments of paragraph 15 are specifically denied and proof thereof is demanded at trial. 16. Denied. The averments of paragraph 16 are specifically denied and proof thereof is demanded at trial. 17. Denied. The averments of paragraph 17 are specifically denied and proof thereof is demanded at trial. 18. Denied. The averments of paragraph 18 are specifically denied and proof thereof is demanded at trial. 19. Denied. The averments of paragraph 19 are specifically denied and proof thereof is demanded at trial. 20. Denied. Paragraph 20 states a conclusion of law to which no answer is required and the averments are therefore denied. 21. There is no paragraph 21. 22. The averments of paragraphs 1 through 21 hereof are incorporated herein by reference. 23. Denied. The averments of paragraph 23 are specifically denied and proof thereof is demanded at trial. 24. The averments of paragraphs 1 through 23 hereof are incorporated herein by reference. 25. Denied. The averments of paragraph 25 are specifically denied and proof thereof is demanded at trial. 26. The averments of paragraphs 1 through 25 hereof are incorporated herein by reference. 27. Denied. The averments of paragraph 27 are specifically denied and proof thereof is demanded at trial. 28. Denied. The averments of paragraph 28 are specifically denied and proof thereof is demanded at trial. 29. Denied. The averments of paragraph 29 are specifically denied and proof thereof is demanded at trial. 30. Denied. The averments of paragraph 30 are specifically denied and proof thereof is demanded at trial. NEW MATTER 31. Plaintiff's claim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Plaintiff's claim is barred, by the selection of the limited tort option on applicable polices of insurance. 33. Plaintiff has failed to mitigate her damages. Date: A7 Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 VERIFICATION I, Karl R. Hildabrand, counsel for Defendants hereby certify that the verification of the Defendants could not be obtained within the time allowed for the filing of this pleading. Therefore, I, as counsel, hereby verify that, upon information and belief, the statements made in the foregoing document are true and correct based upon the information available to me. 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: l - R. Hildabrand CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the -3_ day of October 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 F ? 1 R. Hildabrand -, _7i ? j ' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS AND NOW comes the Plaintiff, HEATHER PLANK VAN TASSELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, files this Reply to New Matter of Defendants, and, in support thereof, respectfully represents the following: Paragraphs 31 through 33 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to PA. R.C.P. 1029(e). 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). Date: October 2007 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: jj 4 /; VoheVI.CV: en rg 34343 ? V VERIFICATION I, Ra&ex- , hereby acknowledge that I am a Plaintiff in this action and that I have read the Plaintiff's Reply to New Matter of Defendants 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: October 1, 2007 GAGLOBAMPDATASDOCSIINITIAL CONSULT DOCS (SET-UPS)1Vedffcat1on.wpd II111I1111I11 IIIIUI. U1 RIO UIIM11111111.1.0.111 U141.111=11t. It 1111t-441 mn t1-!11.111 UIn "it SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this I da of October, 22007, 1 hereby day certify that a copy of the foregoing Plaintiff's Reply to New Matter of Defendants was mailed via U.S. Mail today to the following: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendants SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: t a c n SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 16 day of October, 2007, 1 hereby certify that a copy of the foregoing Plaintiffs Responses to Defendants' First Request for Production of Documents was mailed via U.S. Mail today to the following: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendants SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By:? A/ Tim by A. ShoIIenber sq. Attorney ID#34343 r,s ? i= z li (p --+ fil ; . r? ' "C} f:__ (D 4tl SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this ? day of October, 2007, 1 hereby certify that a copy of the foregoing Plaintiff's Answers to Defendants' First Set of Interrogatories were mailed via U.S. Mail today to the following: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendants SHOLLENBERGER & JANUZZI, LLP At By [7 0 -n r '41Lz cm, 51 --4 , c -_; ? ` ?^ to c tjl HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Heather Plank Van Tassell c/o Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP cl? <_ Karl R. Hildabrand, Esquire / Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: t E (o - U 7 Attorney for Defendant HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Denied. The averments of paragraph 3 are specifically denied and proof thereof is demanded at trial. 4. Admitted in part and denied in part. It is admitted that an accident occurred at approximately 10:45 p.m. on December 26, 2004 at the location indicated. The remaining averments of paragraph 4 are specifically denied and proof thereof is demanded at trial. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The averments of paragraph 9 are specifically denied and proof thereof is demanded at trial. 10. Denied. The averments of paragraph 10 are specifically denied and proof thereof is demanded at trial. 11. Denied. The averments of paragraph 11 are specifically denied and proof thereof is demanded at trial. 12. Denied. The averments of paragraph 12 and subparagraphs (a) through (1) are specifically denied and proof thereof is demanded at trial. 13. There is no paragraph 13. 14. Denied. The averments of paragraph 14 are specifically denied and proof thereof is demanded at trial. 15. Denied. The averments of paragraph 15 are specifically denied and proof thereof is demanded at trial. 16. Denied. The averments of paragraph 16 are specifically denied and proof thereof is demanded at trial. 17. Denied. The averments of paragraph 17 are specifically denied and proof thereof is demanded at trial. 18. Denied. The averments of paragraph 18 are specifically denied and proof thereof is demanded at trial. 19. Denied. The averments of paragraph 19 are specifically denied and proof thereof is demanded at trial. 20. Denied. Paragraph 20 states a conclusion of law to which no answer is required and the averments are therefore denied. 21. There is no paragraph 21. 22. The averments of paragraphs 1 through 21 hereof are incorporated herein by reference. 23. Denied. The averments of paragraph 23 are specifically denied and proof thereof is demanded at trial. 24. The averments of paragraphs 1 through 23 hereof are incorporated herein by reference. 25. Denied. The averments of paragraph 25 are specifically denied and proof thereof is demanded at trial. 26. The averments of paragraphs 1 through 25 hereof are incorporated herein by reference. 27. Denied. The averments of paragraph 27 are specifically denied and proof thereof is demanded at trial. 28. Denied. The averments of paragraph 28 are specifically denied and proof thereof is demanded at trial. 29. Denied. The averments of paragraph 29 are specifically denied and proof thereof is demanded at trial. 30. Denied. The averments of paragraph 30 are specifically denied and proof thereof is demanded at trial. NEW MATTER 31. Plaintiff's claim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Plaintiff's claim is barred, by the selection of the limited tort option on applicable polices of insurance. 33. Plaintiff has failed to mitigate her damages. Date: (U-1(0 Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP S?e Marl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 VERIFICATION I, Karl R. Hildabrand, counsel for Defendants hereby certify that the verification of the Defendants could not be obtained within the time allowed for the filing of this pleading. Therefore, I, as counsel, hereby verify that, upon information and belief, the statements made in the foregoing document are true and correct based upon the information available to me. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: ` Kar R. Hildabrand CERTIFICATE OF SERVICE 1, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of October 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Karl R. Hildabrand ? CZ -n ( > ti.? ? m SHOLLENBERGER & JANUZZI. LLP 2225 Mill nnium Way Enola, Pe nsylvania 17025 Telephon Number: (717) 728-3200 Fax Num er: (717) 728-3400 Attornev for Plaintiff HEATH R PLANK VAN TASSELL, laintiff v. MICR EL R. ORR and WILLIAM K COLE AN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR STATUS CONFERENCE REGAL! S" AN D O\ attorn ys follo ing: , comes the Plaintiff, HEATHER PLANK VAN TASSELL, by her , Shollenberger and Januzzi, LLP and does respectfully represent the 1.I The above captioned action was initiated by a Writ of Summons filed on July 31, 2006. On May 22, 2007, a Complaint was filed in the above captioned matter. A copy of the Complaint, Interrogatories, and Plaintiff's Request for Production of documents were served upon Defendant William Coleman on May 25, 2007. On June 1, 2007, an Entry of Appearance was filed on behalf of Defendants. 5. On June 8, 2007, Interrogatories and Defendant's Request for Production of Documents were served on the Plaintiff. • 6. On June 19, 2007, Interrogatories and Request for Production of Documents were served upon the Defendants Coleman and Orr via Defendant's counsel. 7. On August 15, 2007, a notice of deposition for Plaintiff, Heather Plank Van Tas ell, was served upon Plaintiff for September 27, 2007. 8. On eptember 12, 2007, a notice of deposition was served upon the Def ndant, William Coleman (first name misspelled) for September 27, 20 9. Defendant Coleman did not appear for the deposition dated September 27, 0 10. Plai tiff Heather Plank Van Tassel's deposition took place on September 27, 007. 11. Defendant provided Plaintiff with answers to Plaintiff's Request for Pro uction of Documents on or about October 3, 2007. 12. Defendant has not provided Plaintiff with Defendant's Answers to Plaintiff s Interrogatories. However, Defendant's counsel has represented that a will provide Answers once he has a chance to meet with his clie ts. 13. Defendant was mailed a Request for Admissions on October 1, 2007. 14. Plaintiff provided Defendant with answers to Defendant's Interrogatories and Request for Production of Documents on or about October 10, 2007. 15. Plaintiff believes and therefore avers that the requested status conference is needed to facilitate the completion of discovery in this , including answers to Plaintiff's Interrogatories, Request for uction of Documents, and the depositions of the Defendants. 16. Counsel for the Plaintiff has disclosed the full text of the Status rence Regarding Discovery and the accompanying order by facsimile and US Mail to counsel for the Defendan on October 24, 2007, and said counsel concurs in this Motion. WH?REFORE, Plaintiff Heather Plank Van Tassell respectfully requests that this Honorable ourt issue an order scheduling a Status Conference Regarding Discovery in the abov captioned action for the purposes of facilitating the completion of discovery and obtai depositions. Respectfully submitted SHOLLENBERGER & JANUZZI, LLP Attorneys r aint' By: T le er sq. orney I. AN o. 343 Attorney for Plaintiffs Date: il?4L.3 ?07 SHOLLEfNBERGER & aJANUZZI, LLP 2225 Millen ium Way Enola, Pen sylvania 17025 Telephone umber: (717) 728-3200 Fax Numbe : (717) 728-3400 Attornevs fo Plaintiff HEATHEPLANK VAN TASSELL, Plaintiff v. MICHAEL?R. ORR and WILLIAM K. COLEMAN, ants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED C RTIFICATE OF SERVICE CONCERNING MOTION fOR, STATUS CONFERENCE REGARDING DISCOVERY And Inow, this Z3( day of October, 2007, 1 hereby certify that a copy of the foregoi6q Plaintiff's Motion to Request a Status Conference regarding Discovery was mailed via U.S. Mail today to the following: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendants I(.Riollenberger, Esq. ID#34343 SHOLLENBERGER & JANUZZI, LLP c " I c? `- a ni - 17y' C-j I . . r OCT 892001 HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this q4 day of Z , 2007, upon consideration of Plaintiffs Motion for Discovery Conference, it is HEREBY ORDERED that said Motion is GRANTED, and a discovery conference will be held in this case on 112 at fat the Cumberland County Courthouse, -71d - Floor, in Distribution: Vi arl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 imothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 l'pa?ES' m?rL? /!4/07 ViNVh,ASNN3d J 9 C q Wd 6- hON LOOZ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, nefendants IN THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEREANCE TO THE PROTHONOTARY: Kindly enter my Appearance as counsel on behalf of Plaintiff, Heather Plank Van Tassell only, in regard to the above-captioned matter. A jury trial is demanded. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: lift. Russell R. ertEsq., Attorney I.D. #206872 Date: 3 -_7A /?? a? c) pla ``_' f 13 7 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attnrnevs for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, nofo nri n nts IN THE COURT COUNTY, PENNSYLVANIA CUMBERLAND NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 3rd day of January o0nOthelfohereby llowing by hand delivery a true served the following Entry of Appearance and correct copy to: Karl Hildabrand Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 SHOLLENBERGER & JANUZZI, LLP By: Russell . Wert, E quire Attorney ID# 206872 N ° G cx? i HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED SCHEDULING ORDER AND NOW, January 3, 2008, upon consideration of Plaintiff's Administrative Application for Status Conference, same being conducted in chambers this date with counsel for both parties present, IT IS HEREBY ORDERED as follows: 1. All factual and non expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than April 30, 2008. 2. Plaintiff shall provide all expert reports by May 31, 2008. 3. Defendant shall provide all expert reports by June 30, 2008. 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by August 1, 2008. 5. A response to any dispositive motion shall be filed, along with supporting brief, by September 1, 2008. 6. Dispositive motions will be decided on the pleadings and briefs unless oral argument is requested at the time of brief submission. 7-- MedffiatffieFi, W-aRy, shall be cundaded-157-E)Ctubui 1, 2008- /(?I' Y N'IVA l ?SN"I?d 20 :h d C- NVr 8001 ri b U i` uci -:"Hi 3 20140 -°;"?TU 8. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. BY THE COURT: ?'.'?r AL Kevin . Hess Jud e 7 Distribution: Karl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney I.D. # 30102 (717) 533-5406 Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Attorney I.D. # 34343 (717) 728-3200 rsrt at LCr -- F ,IA4tae SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06 - 4346 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 4th day of March, 2008, 1 hereby certify that a copy of the foregoing Plaintiff's Answers to Defendants' Second Set of Interrogatories were mailed via U.S. Mail today to the following: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendants SHOLLENBERGER & JANUZZI, LLP Attornevs for Plaintiff By: Attorney ID#34343 ?- ? ^? .? y ?) .?? t '1 Y ?ti ,..? ? `• .J ?.? ? ? ;. 1 C^" w! ?J ^V SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, HEATHER PLANK VAN TASSELL, by and through her attorneys, Shollenberger and Januzzi, LLP, and does respectfully represent the following: 1. The Honorable Kevin A. Hess granted an order establishing discovery deadlines in the above captioned matter on January 3, 2008, attached and incorporated herein as Exhibit "A". 2. Plaintiff is unable to comply with the expert report deadline of May 31, 2008 because of an injury suffered by Plaintiff's treating physician which has unavoidably delayed the Plaintiffs ability to meet the deadlines. 3. Plaintiff proposes each discovery deadline be extended by sixty days in order to accommodate the injured physician whose report is necessary to the Plaintiffs case. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-72&3200 1 4. A proposed scheduling order listing revised dates is attached and has been provided to counsel for the Defendant. 5. A copy of this motion was sent via facsimile to counsel for the Defendant on May 9, 2008, and counsel concurred with this motion to extend discovery deadlines by sixty (60) days via telephone on May 7, 2008 with counsel for the Plaintiff. Wherefore, the Plaintiff, Heather Plank Van Tassel, seeks an order from this Honorable Court extending each discovery deadline established by the January 3, 2008 Scheduling Order by sixty (60) days. Respectfully submitted SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: ZX W-kA Timothy A. Shollenberger, Esq. Attorney I.D. No. 34343 Russell R. Wert, Esq. Attorney I.D. No. 206872 Attorney for Plaintiffs Date: 5-7-Or Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 7 i" day of May, 2008, 1 hereby certify that a copy of the foregoing Plaintiffs Motion to Request a Discovery Deadline Extension was sent via facsimile and mailed via U.S. Mail today to the following: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Telephone Number: (717) 533-5406 Fax Number: (717) 533-5717 Attorney for Defendants SHOLLENBERGER & JANUZZI, LLP By: "kU4) Timothy A. Shol nberger, Esq. Attorney I.D. No.34343 Russell R. Wert, Esq. Attorney I.D. No. 206872 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 5 C=jl 0 - = n n L C71-r? ... z3 C7 " Ct N cµ?? L "" z , y C ) rn iti.T q HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED REVISED SCHEDULING'ORDER AND NOW, this ;Zi day of !2 ? , 2008, upon consideration of Plaintiffs Motion for Discovery Deadline Extension, it is HEREBY ORDERED that said Motion is GRANTED, and each discovery deadline listed in the order of January 3, 2008 shall be extended by sixty (60) days. IT IS HEREBY ORDERED AS FOLLOWS: 1. All factual and non expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than June 30, 2008. 2. Plaintiff shall provide all expert reports by July 31, 2008. 3. Defendant shall provide all expert reports by September 30, 2008. 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by October 1, 2008. 5. A response to any dispositive motion shall be filed, along with supporting brief, by November 1, 2008. 6. Dispositive motions will be decided on the pleadings and briefs unless oral argument is requested at the time of brief submission. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 7HI 7. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. / Kevin 7fn ess Judge istribution: Karl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Telephone Number: (717) 533-5406 Fax Number: (717) 533-5717 ? Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 (2o p c Es I Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 4 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, HEATHER PLANK VAN TASSELL, by and through her attorneys, Shollenberger and Januzzi, LLP, and does respectfully represent the following: 1. The Honorable Kevin A. Hess granted an order establishing discovery deadlines in the above captioned matter on January 3, 2008, attached and incorporated herein as Exhibit "A". 2. The Honorable Kevin A. Hess granted an order extending discovery deadlines in the above captioned matter extending deadlines by sixty days on May 21, 2008, attached and incorporated herein as Exhibit "B". 3. Plaintiff received communication from the Plaintiff's treating physician on July 29, 2008 that, despite the physician's efforts, the physician may not be able to comply with the July 31, 2008 deadline. This was confirmed on July 30, 2008, that the physician will not be able to comply with the deadline of July 31, 2008. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 1 4. Plaintiff proposes each discovery deadline be extended by sixty days to enable the Plaintiff's treating physician, who is still treating for her own injuries necessitating the previous extension, to complete the report which is necessary to the Plaintiff's case. 5. A proposed scheduling order listing revised dates is attached and has been provided to counsel for the Defendant. 6. A copy of this motion was sent via facsimile to counsel for the Defendant on July 30, 2008, and counsel concurred with this motion to extend discovery deadlines by sixty (60) days via telephone on July 30, 2008 with counsel Russell Wert, assistant counsel for the Plaintiff. Wherefore, the Plaintiff, Heather Plank Van Tassel, seeks an order from this Honorable Court extending each discovery deadline established by the May 21, 2008 Scheduling Order by sixty (60) days. Respectfully submitted SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: ?J Timothy A. Shollenb rger, Esq. Attorney I.D. No. 34343 Russell R. Wert, Esq. Attorney I.D. No. 206872 Attorney for Plaintiffs Date: Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH EXHIBITS To the Prothonotary: Please attach the Exhibits attached hereto to Plaintiff's Motion to Extend Discovery Deadline by Sixty Days previously filed on July 31, 2008. Respectfully submitted, Dated: July 31, 2008 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenber, er, Esquire Attorney I D# 34343 Russell R. Wert, Esquire Attorney ID#206872 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY ENOLA, PA 17025 (717) 728-3200 (717) 728-3400 FAX SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEC10E'TO l1'FTAZWO(H6I =S` To the Prothonotary: Please attach the Exhibits attached hereto to Plaintiffs Motion to Extend Discovery Deadline by Sixty Days previously filed on July 31, 2008. Respectfully submitted, Dated: July 31, 2008 SHOLLENBERGER & JANUZZI, LLP 7 By. jw, . 1 W Timothy A. Shollenber, er, Esquire Attorney ID# 34343 Russell R. Wert, Esquire Attorney ID#206872 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY ENOLA, PA 17025 (717) 728-3200 • (717) 728-3400 FAX SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HEATHER PLANK VAN TASSELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term MICHAEL R. ORR and WILLIAM K. CIVIL ACTION - LAW COLEMAN, JURY TRIAL DEMANDED Defendants AND NOW this 31St day of July, 2008, 1 hereby certify that I have served the following Praecipe to Attach Exhibits on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esquire Attorney ID# 34343 Russell R. Wert, Esquire Attorney ID#206872 2 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY • ENOLA, PA 17025 (717) 726-3200 - (717) 728-3400 FAX k- , HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 064346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, January 3, 2008, upon consideration of Plaintiffs Administrative Application for Status Conference, same being conducted in chambers this date with counsel for both parties present, IT IS HEREBY ORDERED as follows: 1. All factual and non expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than April 30, 2008. 2. Plaintiff shall provide all expert reports by May 31, 2008. 3. Defendant shall provide all expert reports by June 30, 2008. 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by August 1, 2008. 5. A response to any dispositive motion shall be filed, along with supporting brief, by September 1, 2008. 6. Dispositive motions will be decided on the pleadings and briefs unless oral argument is requested at the time of brief submission. Xy I A I 0-120 A 8. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. BY THE COURT: Kevin. Hess Jud e Distribution: Karl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Attorney I. D. # 30102 (717) 533-5406 Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Attorney I.D. # 34343 (717) 728-3200 Cwjrt :+. 10..7IF Jye. la. HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants NO. 06-4346 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this AWtday of , 2008, upon consideration of Plaintiffs Motion for Discovery Deadline Extension, it is HEREBY ORDERED ` that said Motion is GRANTED, and each discovery deadline listed in the order of January-3, 200.8,shall be extended by;sixty.(6.0) days. ,.. .:> . iT I.S. HEREBY; ORDERED AS FOLLOWS: 1. All factual and non expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than June 30, 2008. 2. Plaintiff shall provide all expert reports by July 31, 2008. ~ 3.y Defendant shall provide all expert reports by September 30, 2008. - 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by October 1, 2008. 5. A response to any dispositive motion shall be filed, along with supporting:brief,,by-November 1, 2008. , Dispositive motions will. be decided. on the pleadings and briefs unless oral argument is requested at the time of brief submission. Shollenberger & Januzzi, LLP 2225 Mill nni m 25 .7 a 7. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. Kevin A. Hess Judge Distribution: Karl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey,.PA,1y7033., . 4 Telephone Number: (717) 533-5406 Fax Number: (717) 533-5717 Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way i Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 EGORO I' UE COPY FROM R, d In TWirpss?if whereof, I here Un"M 0t MY An . .7a h $gal of .p%lfi C e4 Carti.'ilsr a / y 04 If Itl,_.. ry Shollenberger & Januzzl, LLP 2225 Millennium Way Enola, PA 17025 717-72&3200 4 C.} r..? S:_) ?`. C? i:r:y "tl -t^ i 7 .? - _ "4"I . ?. ?s AUG 012008 HEATHER PLANK VAN TASSELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4346 Civil Term MICHAEL R. ORR and WILLIAM K. CIVIL ACTION - LAW COLEMAN, JURY TRIAL DEMANDED Defendants AND NOW, this 5` day of 2008, upon consideration of Plaintiffs Motion for Discovery Deadline Extension, it is HEREBY ORDERED that said Motion is GRANTED, and each discovery deadline listed in the order of May 21, 2008 shall be extended by sixty (60) days. IT IS HEREBY ORDERED AS FOLLOWS: 1. All factual and non expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than August 31, 2008. 2. Plaintiff shall provide all expert reports by September 30, 2008. 3. Defendant shall provide all expert reports by November 30, 2008. 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by December 1, 2008. a Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-72&3200 3 fV,?` .lpT Ij 1, Z :("', ! I!d 9- `AiV'0OZ 5. A response to any dispositive motion shall be filed, along with supporting brief, by January 1, 2009. 6. Dispositive motions will be decided on the pleadings and briefs unless oral argument is requested at the time of brief submission. 7. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure :Zand Cou Y. Kevin A/Hess Di ribution: arl R. Hildabrand Nestico, Druby, & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Telephone Number: (717) 533-5406 Fax Number: (717) 533-5717 ,Timothy A. Shollenberger V Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 4 HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 064346 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance for DEFENDANTS, MICHAEL R. ORR and WILLIAM K. COLEMAN, in the above-captioned matter. NESTICO, DRUBY & HILDABRAND, LLP By: KARL R. HILDABRAND, ESQUIRE Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 Date: ? Zo ?v? (717) 533-5406 7' I 4 HEATHER PLANK VAN TASSELL, Plaintiff v MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 064346 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance for DEFENDANTS, MICHAEL R. ORR' and WILLIAM K. COLEMAN, in the above-case and designate 2000 Linglestown Road, Suite 301, Harrisburg, PA 17110 as the place where papers, process and notices may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: ';5" <--- ey .D. No 1 T ephone: (717) 441-9257 Email:murphy@forryullman.com DATE: T ?? _ 0' AL CERTIFICATE OF SERVICE I, BETH MYERS, PARALEGAL, hereby certify that a true and correct copy of the foregoing Withdrawal of Appearance and Entry of Appearance was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. E Date: 3-26-61f FORRY ULLMAN iii ?°' f? - ? - N - ,4 ? ..,..! ?7 °'? ? HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 06-4346 CIVIL TERM : JURY TRIAL DEMANDED MOTION TO EXTEND COURT-IMPOSED DISCOVERY DEADLINES 1. This civil action arises out of an automobile accident that occurred on December 26, 2004 on North Market Street in Mechanicsburg Borough, Cumberland County, Pennsylvania. (See plaintiff's complaint). 2. On May 1, 2008, this Honorable Court entered an order establishing deadlines for discovery and dispositive motions, and those deadlines were extended by order of August 5, 2008 upon plaintiff s motion to extend the deadlines. 3. The parties to this action are in the process of attempting to settle the matter, and if the matter cannot be settled, have agreed to proceed to judicial arbitration. 4. In light of the foregoing, counsel for the above-captioned parties have agreed to extend the existing deadlines as follows: All factual and non-expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than August 31, 2009; Plaintiff shall provide all expert reports by September 30, 2009; Defendant shall provide all expert reports by November 30, 2009; Dispositive motions, if any, shall be filed, along with supporting briefs, by December 1, 2009; and A response to any dispositive motion shall by filed, along with supporting brief, by January 1, 2010. (See correspondence of counsel, stipulating to proposed deadlines, attached hereto as Exhibit "A.") 5. Moving defendant respectfully requests that this Honorable Court grant this motion and extend the deadlines as agreed upon by counsel for the parties. WHEREFORE, moving defendants respectfully request that this Honorable Court grant this motion and enter an order extending the discovery deadlines as set forth in this motion. FORRY, ULLMAN, By: DATE: 6? 1161 rn I.D. No. 7 11 V2-O Linglestown oad Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant & FORRY, P.C. HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 06-4346 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BETH MYERS, PARALEGAL, hereby certify that a true and correct copy of the foregoing Motion to Extend Court Imposed Discovery Deadlines was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. FORRY ULLMAN By: BETH YERS,PARALEGAL Date: G -f 4 - d l \1 `\ SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholijanlaw.com (717) 728-3200 FAX (717) 728-3400 Please reply to Enola Office TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI ADAM. WOLFS Writer's Direct E-mail tasfthollianlaw.com &0 1 Z?o HARRISBURG OFFICE 4811 JONESTOWN RD SUITE 221 HARRISBURG, PA 17109 (Do not send mail to this address) (717) 671-6400 FAX (717) 671-4900 May 26, 2009. Joseph Murphy Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 MCI) iii l" 2 8 4 t Re: Van Tassell v. Orr Dear Joe: I acknowledge receipt of your letter dated May 4, 2009. The revised scheduling order as proposed is acceptable to me. I have met with my client and now have authority to make a Settlement Demand in the amount of forty-eight thousand, three hundred fifty-seven dollars and sixty-five cents ($48,357.65). This bemand has three components: 1. The first component is pain, suffering and other non-economic Damages in the amount of thirty-five thousand dollars ($35,000); 2. The second component is seven-thousand, one-hundred and thirty-five dollars and sixty-five cents ($7,135.65) of past-due medical bills; and 3. The third components are future medical and prescription bills in the amount of six-thousand, two-hundred and twenty-two dollars ($6,222). In support of this demand, I enclose the following documents: 2000 Linglestown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 Fx 717.441.0814 FAttorneys at Law May 4, 2009 Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Re: Van Tassel v. Orr Cumberland County C.C.P. No. 06-4346 Claim Number 04-508387-03 Our File No. - 601280 Dear Tim: JOSEPH F. MURPHY, ESQUIRE VOICEMAIL EXTENSION: 103 E-MAIL: J. Murphy@fonyullman.com This letter will confirm our recent conversation during which you informed me that you are still working to formulate a demand in this case. Please provide me with the demand at your earliest opportunity. In the meantime, we need to address the discovery deadlines that were established by the Court. During our initial conversation about this case, you indicated that you would be agreeable to extending the deadlines. To that end, I am enclosing a Stipulation. The date set forth in Stipulation should afford us adequate time to exhaust settlement efforts and move the case to arbitration in the event that the case cannot be settled. I would greatly appreciate it if you would execute the Stipulation and return it to me. I will then file it with the Court along with a proposed Order. Thank you for your consideration of this request. If you are unable to execute the Stipulation as proposed, please call me. Very yours, SEPH F. JFM:LT/cmh Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryuliman.com s REVISED SCHEDULING ORDER AND NOW, this _ day of 2009, upon consideration of the stipulation of counsel for the above-captioned parties, it is hereby ORDERED that said stipulation is APPROVED. It is further ORDERED as follows: 1. All factual and non-expert discovery, including depositions (other than trial depositions), shall be concluded by all parties no later than August 31, 2009; 2. Plaintiff shall provide all expert reports by September 30, 2009; 3. Defendant shall provide all expert reports by November 30, 2009; 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by December 1, 2009; 5. A response to any dispositive motion shall be filed, along with supporting brief, by January 1, 2010; 6. Dispositive motions will be decided on the pleadings and briefs unless oral argument is requested at the time of brief submission; and 7. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. Kevin A. Hess, Judge r, OF Tl mot":' r r i} ? ? 2 " 'A 23 AM 11: JUN 4 4 20W HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 06-4346 CIVIL TERM JURY TRIAL DEMANDED AND NOW, this z S` day of !q,_,_, 2009, upon consideration of defendants' motion to extend discovery deadlines, it is hereby ordered that said motion is GRANTED, and each discovery deadline listed in the order of August 5, 2008 shall be extended as follows: 1. All factual and non-expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than August 31, 2009; 2. Plaintiff shall provide all expert reports by September 30, 2009; 3. Defendant shall provide all expert reports by November 30, 2009; 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by December 1, 2009; 5. A response to any dispositive motion shall by filed, along with supporting brief, by January 1, 2010; 4 6. Dispositive motions will be decided on the pleadings and briefs unless oral argument is requested at the time of brief submission; and 7. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. FILED- OF THE PIP. :?.? 2009 JUN 25 Fi 1: 02 HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 06-4346 CIVIL TERM JURY TRIAL DEMANDED MOTION TO EXTEND COURT-IMPOSED DISCOVERY DEADLINES 1. This civil action arises out of an automobile accident that occurred on December 26, 2004 on North Market Street in Mechanicsburg Borough, Cumberland County, Pennsylvania. (See plaintiff's complaint). 2. On May 1, 2008, this Honorable Court entered an order establishing deadlines for discovery and dispositive motions, and those deadlines were extended by order of August 5, 2008 upon plaintiff's motion to extend the deadlines. 3. The parties to this action are in the process of attempting to settle the matter, and if the matter cannot be settled, have agreed to proceed to judicial arbitration. 4. Accordingly, on or about June 19, 2009, in concurrence with Plaintiff's counsel, Defendant filed a Motion to Extend the Discovery Deadlines, which was granted by Order dated June 25, 2009. 5. Since this Court's June 25, 2009 Order the parties have. been continuing their efforts to settle the matter, and, if the matter cannot be settled, will submit the case to judicial arbitration. 6. In light of the foregoing, counsel for the above-captioned parties have agreed to extend the existing deadlines by one hundred and twenty (120) days, as follows: All factual and non-expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than December 29, 2009; Plaintiff shall provide all expert reports by January 28, 2010; Defendant shall provide all expert reports by March 30, 2010; Dispositive motions, if any, shall be filed, along with supporting briefs, by March 31, 2010; and A response to any dispositive motion shall by filed, along with supporting brief, by May 1, 2010. 7. Moving defendant respectfully requests that this Honorable Court grant this motion and extend the deadlines as agreed upon by counsel for the parties. 8. Plaintiff's counsel concurs in the filing of this Motion. WHEREFORE, moving defendants respectfully request that this Honorable Court grant this motion and enter an order extending the discovery deadlines as set forth in this motion. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: Suite 301 Harrisburg, PA 17110 (717) 441-9257 DATE: August 14, 2009 Attorneys for Defendant HEATHER PLANK VAN TASSELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants : CIVIL ACTION -LAW NO. 06-4346 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BETH MYERS, PARALEGAL, hereby certify that a true and correct copy of the foregoing Motion to Extend Court Imposed Discovery Deadlines was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. FORRY ULLMAN By: VEE TT HH MYERS, LEGAL Date: August 14, 2009 FICE 209 AUG 17 PM 2: 13 CU41P,15LAA O COUNTY PENNSYLWAA 6 AUG "'8 2009 6 HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL ACTION -LAW NO. 06-4346 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this tB` day of ?F,nrf 2009, upon consideration of -T - defendants' motion to extend discovery deadlines, it is hereby ordered that said motion is GRANTED, and each discovery deadline listed in the order of August 5, 2008 shall be extended as follows: 1. All factual and non-expert discovery, including depositions (other than trial depositions) shall be concluded by all parties no later than December 29, 2009; 2. Plaintiff shall provide all expert reports by January 28, 2010; 3. Defendant shall provide all expert reports by March 30, 2010; 4. Dispositive motions, if any, shall be filed, along with supporting briefs, by March 31, 2010; 5. A response to any dispositive motion shall by filed, along with supporting y brief, by May 1, 2010; 6. Dispositive motions will be decided on the pleadings and briefs Unless oral argument is requested at the time of brief submission; and 7. The parties are then free to list the case for trial in accordance with the Local Rules of Civil Procedure of Cumberland County. HONO BLE KEVIN A. HESS fah %`? 'C}'MARY OF THE 2009 AUG 19 AM 8: 4 3 1f1CCti? x?; 1+ Nd;Y PEN3IS1'AIN3A 8/1 filar - GOP l£s rnwA.CL A?? J. NuAf ?j HEATHER PLANK VAN TASSELL, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 06-4346 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE & END ACTION TO THE PROTHONOTARY: Please mark the docket in the above-captioned action Settled, Discontinued & Ended, with prejudice. Date: 112,1 % 1f_?l Fib-f.!0,KE OF THE RROTH' NOTARY 2009 DEC 10 Pik 4: 0 4 cu_ PENNSYLVAN. Nor