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HomeMy WebLinkAbout06-6007CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband 1663 Trindle Road Carlisle, PA 17013 Plaintiffs, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. MICHELLE L. MARTIN, 119 Walton Avenue Carlisle, PA 17013 JURY TRIAL DEMANDED Defendant PRAECIPE FOR A WRIT OF SUMMONS TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiffs, Cherlyn L. Anderson and Kermit E. Anderson. Please issue a Writ of Summons upon the Defendant and have the Sheriff serve the Defendant at the following address: Michelle L. Martin 119 Walton Avenue Carlisle, PA 17013 Respectfully, submitted IRWIN & McKNIGHT By: Douglas G iller, squire Supreme Court I.D. No.: 83776 60 West Pomfret Street Carlisle, PA 17013 Date: October 13, 2006 (717) 249-2353 To: MICHELLE L. MARTIN You are hereby notified that Cherlyn L. Anderson and Kermit E. Anderson, the Plaintiffs, have commenced an action against you which you are required to de nd or a defa t judgment may be entered against you. -1 A P ON TARY Date: Lnv-<?t- /3 , 2006 By: DEPUTY DO t^ ?J 1 CY SHERIFF'S RETURN - REGULAR CASE NO: 2006-06007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON CHERLYN L ET AL VS MARTIN MICHELLE L MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the MARTIN MICHELLE L DEFENDANT at 1343:00 HOURS, on the 25th day of October , 2006 at 119 WALTON AVENUE CARLISLE, PA 17013 MICHELLE MARTIN by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79y? 10/27/2006 464 044 MARCUS MCKNIGHT Sworn and Subscibed to By before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Michelle L. Martin, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, k.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant 1 0% CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19TH day of January, 2007. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: e in D. Rau h, Esquire Counsel for Defendant ?'? '??-'?' C:: ` s D -rf .? ? a-t rv rn - j _;.? ` „'? - C r'-: C.J f ? ? t r f'J ? ? ?G N a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Cherlyn L. Anderson and Kermit E. Anderson, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEET, L.L.P. By: Ke 'n . Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19TH day of January, 2007. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evin . auch, Esquire Counsel for Defendant A . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. (Jury Trial Demanded) RULE AND NOW, this, day of 2007, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ?AJC l ay of JtZXj"=-L&46 , 2007. Pro otary rN N Plaintiffs, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.: 2006-6007 JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband v. MICHELLE L. MARTIN, CHERLYN L. ANDERSON and : IN THE COURT OF COMMON PLEAS OF KERMIT E. ANDERSON, her husband : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. NO.: 2006-6007 MICHELLE L. MARTIN, JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, this 27th day of February, 2007, come the Plaintiffs, CHERLYN L. ANDERSON and KERMIT E. ANDERSON, by and through their attorneys, Irwin & McKnight, and make the following Complaint against the Defendant, MICHELLE L. MARTIN, averring as follows: 1. Plaintiffs Cherlyn L. Anderson and Kermit E. Anderson are adult individuals principally residing at 1663 Trindle Road, Carlisle, Pennsylvania 17013. 2. Defendant Michelle L. Martin is an adult individual principally residing at 119 Walton Avenue, Carlisle, Pennsylvania 17013. 3. On or about October 13, 2004, at approximately 1:25 p.m., Plaintiff Cherlyn L. Anderson was lawfully operating her 1999 Oldsmobile on North Bedford Street in the Borough of Carlisle. 4. On or about October 13, 2004, Defendant was traveling in a 1997 Ford van on East North Street to the intersection of East North Street and North Bedford Streets in the Borough of Carlisle. 5. Plaintiff Cherlyn L. Anderson was travelling south on North Bedford Street and approaching the intersection of East North and North Bedford Streets. 6. Plaintiff Cherlyn L. Anderson proceeded to enter the intersection of North Bedford Street and East North Street because the signal light facing her was green. 7. Defendant, while traveling west on East North Street, failed to stop at the traffic signal and entered the intersection directly into the path of Plaintiff Cherlyn L. Anderson. 8. The traffic signal facing East North Street had turned red prior to Defendant entering the intersection. 9. After running the red light, a violent impact occurred between the side of Defendant's vehicle and the front of Plaintiffs' vehicle. 10. The actions of Defendant Michelle Martin were negligent, careless, and reckless in that she: a. failed to operate her automobile in a safe manner and under proper and adequate control; b. failed to observe Plaintiffs' vehicle and be reasonably vigilant to observe the roadway and position of Plaintiffs' vehicle; c. disregarded the traffic signal at the intersection; d. failed to maintain proper and adequate observation of the existing traffic conditions; e. failed to avoid striking Plaintiff's vehicle; and f. otherwise failed to exercise due and proper care under the circumstances. 11. The impact from Defendant's automobile into Plaintiffs' automobile in the intersection caused significant damage to the front of the Plaintiffs' automobile, and resulted in its being totaled and having to be towed from the scene. 12. As a result of the impact, the airbags in Plaintiffs' vehicle deployed. 13. As a direct and proximate result of the accident, Plaintiff Cherlyn L. Anderson suffered injuries to her body including her neck, shoulders, ribs and back. 2 14. Plaintiff Cherlyn L. Anderson experienced great physical pain, discomfort and stiffness causing her to seek treatment with her family physician on several occasions as well as with a chiropractor. 15. The negligent, careless, and reckless actions of the Defendant, Michelle L. Martin, are the direct and proximate cause of the injuries to Plaintiff Cherlyn L. Anderson. 16. As a direct and proximate result of the negligence of Defendant, Plaintiffs have been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and/or medical attention, to their detriment and loss. 17. Plaintiff Cherlyn Anderson seeks compensation for the pain and suffering she has endured since the date of the automobile accident. 18. Plaintiff Kermit E. Anderson seeks compensation for the loss of companionship and society as a consequence of the injuries to his wife, Plaintiff Cherlyn L. Anderson, caused by the automobile accident. WHEREFORE, the Plaintiffs, Cherlyn L. Anderson and Kermit E. Anderson, demand judgment against Defendant, Michelle L. Martin, in an amount less than the arbitration limit of Fifty Thousand ($50,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, IRWIN & McKNIGHT By: Douglas . Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: February 27, 2007 Attorney for Plaintiffs 3 w VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. o<, CHERLYN .ANDERSON KERMIT E. ANDERSON Date: 2/27/07 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: ANDREW D. ZEITER, ESQUIRE 1017 MUMMA ROAD LEMOYNE, PA 17043 Date: February d , 2007 IRWIN & McKNIGHT Douglas '. Miller, squire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 j . F TI. t c? -rt -r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service here or a judgment may_bnr d ainst you. Sumtners, McDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. (Jury Trial Demanded) MICHELLE L. MARTIN, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Michelle L. Martin, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that an impact occurred between the vehicles identified on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 9 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Admitted in part, denied in part. It is admitted that Defendant, Michelle L. Martin, was negligent in the operation of her motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted that an impact occurred between the vehicles identified on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 11 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Michelle L. Martin, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 22. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Michelle L. Martin, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, J,..L.P. By: Ikev)KD. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 4T I" J, //- CV"( ichelle L. Martin #15215 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 4th day of April, 2007. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant ? r? r- ? _ 1?7 J ^? _ ? ? t ` ? . ?..? .. - .. { ?. ... ? ? _- __l _. ? _ ^ " ? ) --- I .. ?? ?? a ?? ;,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. (Jury Trial Demanded) MICHELLE L. MARTIN, Defendant. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendant, Michelle Martin, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On January 31, 2007, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated January 31, 2007, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiffs Response to Defendant's Interrogatories and Request for Production of Documents should have been received by March 2, 2007. 3. On April 18, 2007, Defense counsel forwarded a letter to Plaintiffs counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated April 18, 2007, is attached hereto as Exhibit «B»,) 4. To date, Defendant has not received any further response from Plaintiff or Plaintiffs counsel regarding Defendant's Interrogatories and Request for Production of Documents or the correspondence enumerated above. 5. It is necessary for proper defense of this lawsuit that Plaintiff submit full and complete responses to Defendant's discovery requests. 6. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 7. Counsel for Defendant certifies that he has attempted to contact Plaintiffs counsel in an effort to resolve the discovery dispute as set forth above. Despite such attempts by Defense counsel, however, Plaintiffs discovery responses have not been received by Defense counsel. WHEREFORE, Defendant, Michelle Martin, respectfully requests this Honorable Court to enter an Order compelling the Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. lam- ? - Jn? By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this a day of 2007. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 By. SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant April 18, 2007 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 RE: Anderson v. Martin Our File No. 15215 Dear Mr. Miller: COO G??? Please be advised that I have assumed handling of this matter. After review of my file, I have not yet received your client's Answers to Interrogatories or Response to Request for Production of Documents in the above-referenced matter. Additionally, I have not yet received executed authorizations for the release of your client's records from Carlisle Regional Medical Center or the first party benefits file from State Farm Insurance Company. Please forward executed authorizations as well as your response to discovery at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, John A. Lucy JAL:Iam COPY January 31, 2007 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 RE: Anderson v. Martin Our File No. 15215 Dear Mr. Miller: Enclosed please find the Defendant's Interrogatories and Request for Production of Documents propounded on the Plaintiff, Cherlyn L. Anderson. Kindly respond to the discovery requests within the time indicated by the Pa.R.C.P. Further, I have enclosed authorizations to obtain the Plaintiffs medical records from Carlisle Regional Medical Center and first party benefits file from State Farm Insurance Company. Kindly have your client execute the authorizations and return them to me at your earliest convenience. Argo, please forward a demand package on behalf of the Plaintiff. If you should have any questions, please feel free to contact me. Thank you. Very truly yours, Andrew D. Zeiter ADZ:Iam Enclosures (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2007, it is hereby IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. ORDERED, ADJUDGED, and DECREED that Plaintiffs, Cherlyn Anderson and Kermit E. Anderson, her husband, provide Defendant, Michelle Martin, with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne PA 17043 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 ?? Y ^' Z'?' ..! r _ _ ,.+ 4 ?-/? ? f.? ' ? y. ,, l '?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. AMENDMENT TO MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. (Jury Trial Demanded) MICHELLE L. MARTIN, Defendant. AMENDMENT TO MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendant, Michelle Martin, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Amendment to Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 8. Pursuant to Cumberland County Local Rule 208.3(a)(2), no Judge has ruled upon any other issue in the same or related matter. WHEREFORE, Defendant, Michelle Martin, respectfully requests this Honorable Court to enter an Order compelling the Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L D r6,, . Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDMENT TO MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this c day of t,,v? , 2007. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 By: SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ? G, 1; ?:) . ??. J"A- Kevin D. Rauch, Esquire Counsel for Defendant SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUOOCK, JR. 1017 MOMMA ROAD GREGG A. GUTHRIE LEMOYNE, PA 17043 PETER B. SKEEL PHONE: 717-901-5916 PATRICK M. CONNELLY* JEFFREY C. CATANZARITE FAX: 717-920-9129 KEVIN D. RAUCH June 27, 2007 Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Anderson v. Martin Docket No. 06-6007 Our File 15215 Dear Sir/Madam: HUDOCK, L.L.P. JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IR VIN MARK J. GOLEN BRETT L. HUS70N ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA ERICK V. VIOLAGO JOHN A. Lucy ALSO ADMITTED IN WV Enclosed please find one original and one copy of Defendant's Amendment to Motion to Compel Discovery Answers and Responses in the above-captioned matter. Please file the original, time-stamp the copy, and return the copy to our office in the envelope provided. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. 2nA. ly yours, J Lucy JAL:Iam Enclosures PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261-3239 CHERLYN L. ANDERSON and IN THE COURT OF COMMON PLEAS OF KERMIT E. ANDERSON, her CUMBERLAND COUNTY, PENNSYLVANIA husband, Plaintiffs CIVIL ACTION - LAW NO. 06-6007 CIVIL VS. MICHELLE L. MARTIN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this day of July, 2007, a rule is issued on the plaintiffs to show cause why the request relief ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Hess, J. FSLf...IJ' OF THE ""'T IRY 2C0? JUL - PN 3: 5 2 Ci t?f` 6 Q `e3 CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband Plaintiffs, V. MICHELLE L. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 2006-6007 JURY TRIAL DEMANDED RESPONSE TO MOTION TO COMPEL DISCOVERY AND NOW this 27"' day of July, 2007, come the Plaintiffs, Cherlyn L. Anderson and Kermit E. Anderson, by and through their attorneys, Irwin & McKnight, and respectfully file this Response to Motion to Compel Discovery, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Defendant's Motion are admitted. 2. The averments in paragraph two (2) are conclusions of law to which no response is required. To the extent a response is required and by way of further answer, Plaintiffs' discovery answers and responses have been sent to Defendant's legal counsel. 3. The letter identified as Exhibit "B" in paragraph three (3) of the Defendant's Motion (and labeled as Exhibit "A" as attached to the Motion), speaks for itself and therefore no response is required. To the extent a response is required and by way of further answer, Plaintiffs' discovery answers and responses have been sent to Defendant's legal counsel. 4. The averments in paragraph four (4) are specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiffs' discovery answers and responses have been sent to Defendant's legal counsel. 5. The averments in paragraph five (5) are conclusions of law to which no response is required. To the extent a response is required and by way of further answer, Plaintiffs' discovery answers and responses have been sent to Defendant's legal counsel. 6. The averments in paragraph six (6) are conclusions of law to which no response is required. To the extent a response is required and by way of further answer, Plaintiffs' discovery answers and responses have been sent to Defendant's legal counsel. 7. The averments in paragraph seven (7) are denied as stated. It is admitted that Defendant's legal counsel has on occasion in the past contacted Plaintiffs' legal counsel. The remaining averments in paragraph seven (7) are specifically denied and strict proof thereof is demanded. The averments in paragraph two (2) are conclusions of law to which no response is required. By way of further answer, Plaintiffs' discovery answers and responses have been sent to Defendant's legal counsel. WHEREFORE, Plaintiffs Cherlyn L. Anderson and Kermit E. Anderson respectfully requests this Honorable Court to enter an Order denying the Defendant's Motion to Compel Discovery Answers and Responses. Respectfully Submitted, IRWIN & McKNIGHT By: Douglas P. Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: July 27, 2007 Attorney for Plaintiffs 2 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. J CHERLYN L. ANDERSON e'y KERMIT E. ANDERSON Date: 19,-l 1 b7 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KEVIN D. RAUCH, ESQUIRE SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 MUMMA ROAD SUITE 300 LEMOYNE, PA 17043 Date: July 30, 2007 IRWIN & McKNIGHT 9- Douglas C# Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 C7 r r.s ra ° ?i p CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs VS. MICHELLE L. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6007 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this z ':? day of August, a brief argument on the defendant's motion to compel discovery is set for Thursday, August 30, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, . /7 Kevi A. Hess, J. Douglas G. Miller, Esquire For the Plaintiffs ) 0o Mal L£cC, ? 3 O,' Kevin D. Rauch, Esquire FliEs For the Defendant rlm ?'7 Z? .6 WV C- 9nV LOOZ A8ViQNuHiOa-d 3kl 3O 3013 0-CiglW V.,` CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 6007 MICHELLE L. MARTIN, JURY TRIAL DEMANDED Defendant. ANSWER TO DEFENDANT'S NEW MATTER AND NOW this 2ND day of August, 2007, come the Plaintiffs, Cherlyn L. Anderson and Kermit E. Anderson, by and through their attorneys, Irwin & McKnight, and respectfully file this Answer to the New Matter of Defendant Michelle L. Martin, averring as follows: 19. The averments in paragraph nineteen (19) are conclusions of law to which no response is required. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 20. The averments in paragraph twenty (20) are conclusions of law to which no response is required. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 21. The averments in paragraph twenty-one (21) are conclusions of law to which no response is required. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 22. The averments in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, the Plaintiffs, Cherlyn L. Anderson and Kermit E. Anderson, demand judgment against Defendant, Michelle L. Martin, in an amount less than the arbitration limit of Fifty Thousand ($50,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, IRWIN & McKNIGHT `ol?o A2& By: Dougl G. Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: August 2, 2007 Attorney for Plaintiffs 2 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: JOHN A. LUCY, ESQUIRE SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 MUMMA ROAD SUITE 300 LEMOYNE, PA 17043 Date: August 2, 2007 IRWIN & McKNIGHT " -? A. 4A Dougl G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 C'> C) C. -n -nM J'Tl N ? M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 A- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. (Jury Trial Demanded) MICHELLE L. MARTIN, Defendant. PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL As all outstanding discovery has been received, kindly withdraw the Defendant's Motion to Compel Discovery. Further, kindly discontinue and cancel argument scheduled for Thursday, August 30, 2007, at 1:30 p.m. in Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: L D Lam Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2007. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 6'_r_1' ??) V___-1 Kevin D. Rauch, Esquire Counsel for Defendant -Vo r S CHERLYN L. ANDERSON and IN THE COURT OF COMMON PLEAS OF KERMIT E. ANDERSON, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. MICHELLE L. MARTIN, Defendant. NO.06-6007 CIVIL AR 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: John A. Lucy , counsel for the4AWKMefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action isr I ess than the -arbitration limit of The counterclaim of the defendant in the action is *$50,000, plus costs, interest, and all other relief. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D Rauch, Esquire, and Douctlas G Miller, EsQuirP WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, L_0 .?L' I) )c ORDER OF COURT AND NOW, foregoing petition, Esq., and actions) as prayed for. Distribution: Kevin D. Rauch, Esquire 1017 Mumma Rd., Ste. 300 Lemoyne, PA 17043 Douglas G. Miller, Esquire 60 W. Pomfret St. Carlisle, PA 17013 19 , in consideration of the Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. p rn ? ;c. a N -? 1v 7 1%0 !5m cn CHERLYN L. ANDERSON and IN THE COURT OF COMMON PLEAS OF KERMIT E. ANDERSON, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. MICHELLE L. MARTIN, Defendant. NO.06-6007 CIVIL AR 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: John A. Lucy , counsel for thqltt mMefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is<k l PSG than the -arbitration limit of The counterclaim of the defendant in the action is *$50,000, plus costs, interest, and all other relief. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D Rauch, Esquire, and Douglas G Miller, Fscmirp WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, L -o - R_' I) )q__ ORDER OF COURT AND NOW, ` X4A ek t3 , in consideration of the ` foregoing petition, Esq., ti- Esq., and r7;i?" U" , Esq., are appointed arbitrators in the above captioned ction (or actions) as prayed for. Distribution: Kevin D. Rauch, Esquire 1017 Mumma Rd., Ste. 300 Lemoyne, PA 17043 By a P.J. Douglas G. Miller, Esquire 60 W. Pomfret St. Carlisle, PA 17013 ? °° ci U CS4 U O-OP j le 3 ?08 l? cz? -? cn ?s CHERLYN L. ANDERSON, et al., PLAINTIFFS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. MARTIN, DEFENDANT 06-6007 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2008, the appointment of Stephen Tiley, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Michael Whare, Esquire, is appointed in his place. Byj?e'Court, -- Gregory Barton Abeln Esquire Chairman `Michael Whare, Esquire Court Administrator :sal (20 t IEZ rn, P :a t Ife-L Edgar B. Iwyley J. ems. Coll 1 `? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, V. MICHELLE L. MARTIN, Defendant. CIVIL DIVISION NO. 06-6007 (Jury Trial Demanded) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John Lucy, counsel for the Defendant in the above-referenced action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is for personal injuries in an amount less than the arbitration limit of $50,000, plus costs, interest, and all other relief. 3. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: NIA. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L 0 . JJA 13AZ Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21St day of November, 2008. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: o W'.' L r - Kevin D. Rauch, Esquire Counsel for Defendant F ? ? O 6 ? c . r-? L ? r.. L.:: ?.-t ^-^ v '; E °E= "" :"? _7' _ ..,. fl " x7 RLEL-, ZQ10 JAN 28 Fi 1: 52 ?LG e" `rl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. MICHELLE L. MARTIN, Defendant. PETITION TO SCHEDULE STATUS CONFERENCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and CIVIL DIVISION KERMIT E. ANDERSON, her husband, Plaintiffs, NO. 06-6007 V. (Jury Trial Demanded) MICHELLE L. MARTIN, Defendant. PETITION TO SCHEDULE STATUS CONFERENCE AND NOW, comes the Defendant, Michelle L. Martin, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and John A. Lucy, Esquire, and files the following Petition to Schedule Status Conference and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on October 13, 2004 at the intersection of East North Street and North Bedford Street, Carlisle, Cumberland County, Pennsylvania. 2. As a result of this accident, a Complaint was filed by the Plaintiff and pled under the compulsory arbitration limits in Cumberland County, Pennsylvania. 3. Prior to the filing of this Petition, both parties have attempted to schedule Arbitration; however, due to scheduling conflicts, the Arbitration in the above matter has been rescheduled on two occasions. 4. As a result of this rescheduling, the Arbitration Chairman has requested that the parties agree on a mutual date for arbitration. 5. As of the date of this Petition, defense counsel has attempted to coordinate available dates with Plaintiffs counsel; however, no arbitration has been scheduled to date. 6. The undersigned counsel requests a Status Conference with this Honorable Court in order to discuss with the Court the status of the above matter and request for arbitration. WHEREFORE, for all the above reasons, the undersigned counsel respectfully petitions this honorable Court to conduct a Status Conference to discuss the scheduling of this case for arbitration as well as future discovery deadlines. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8/SKEEL, P.C. By: Il i v v-- Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION TO SCHEDULE STATUS CONFERENCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 27th day of January, 2010. Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, P.C. By: I I-,,/ V U K&in D. Rauch, Esquire Counsel for Defendant MAY 0 5 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs, CIVIL DIVISION NO. 06-6007 V. (Jury Trial Demanded) MICHELLE L. MARTIN, Defendant. ORDER AND NOW, TO WIT, this day of 2010, the Court hereby schedules a Status Conference on 2010, at before the Honorable 22 in Courtroom No. At the Status Conference, trial counsel shall be prepared to discuss scheduling of this action for Arbitration, including the deadlines for discovery. BY THE COURT: Distribution to: ? Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 old t es yymi LL d v ? fT? `' ?. (D w i5 77 0 -s CHERLYN L. ANDERSO and IN THE COURT OF COMMON PLEAS OF KERMIT E. ANDERSON her CUMBERLAND COUNTY, PENNSYLVANIA husband, Plaintiffs CIVIL ACTION -LAW vs. MICHELLE L. MARTIN, Defendant N0.06-6007 CIVIL ORDER AND NOW, this ~ g' day of July, 2010, the appointment of Leslie Ann Tomeo, Esquire, as arbitrator in appointed in her place. above-captioned case is VACATED. John Abom, Esquire, is BY THE COURT, Gregory Abeln, Esquire ~hn Abom, Esquire /Leslie Ann Tomeo, Esq :rlm ~-C~ t ~F~4 i'YL'a. t 7~~Q~~v c~ ~~ p s _ .~ _ _ ~ i _ .~, ~"~ tom` ~~ ~.) ~..,~ lLJ a~u .Y:`. t ~ . ., ~. ~ ., ~ .. .... ~_ L, • • 7... ..~ J. C.t-F~L~r` ~ '~, ~MtT r4dJ(~"~1~C~ In The Court of Common Pleas of Cumberland Plaintiff ~' County, Pennsylvania No~~- W E~6 il~nn ~ c ~~ ~ ~- tt~~~ Al Defendant 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 ~~~~~c~U Name (Chairman) Law Firm Address ~~ K~~ ~~~C~~,3 City, Zip J fin./' Y1.-./ t. Signature /~1 ~~ ti~.1 ~: w~ Name oy~ ~ ~ ~ ~ ;~lf Signature ~, CG-~,5 foo~~ Vu~C~., ~.~ ka~, Name L~,~ lf~«~ ,f ~M~~.i 7 w~~t ~~son ~ ~-~,~'; ~~S Law Firm Law Firm 3 ~ ~ • ~,..~~ ~- s,f- Address ~r)~i~c I`7~13 City, Zip Award ~6 E l~,a~ S~-~P ~- Address C'~1 I°I/~ /~'®~3 City, Zip . Arbitrator. Date of Hearing: Date of Award: ~ ( ~ P~otire of Entry of Award its. (Insert name if a~licable.) (Chairman) -9 :3 v~ t-~ Now, the ~~~-.day of ,, 20~~, at o,_, ~.M., the above award was entered upon the dooket and noTice thaJ~~i ren by mail to the parties or their attorneys. Arbitrators' compensation t;~ be paid upon! appeal: $ .3~U , (y) Prothonotary ~ . r-z~ LC~.~. By: R~~-~r K • IZ~u~. Deputy l? ~lD 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.) CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6007 CIVIL MICHELLE L. MARTIN, Defendant ORDER AND NOW, this S't4 day of August, 2010, the appointment of John A. Abom, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. R. Christopher VanLandingham, Esquire, is appointed in his place. BY THE COURT, Kevin A. ess. P. J. -'--Gregory B. Abeln, Esquire Chairman, Board of Arbitrators ./R. Christopher VanLandingham, Esquire :rlm (20 ellgI16 0 1- .3- CHERLYN L. ANDERSON and KERMIT E. ANDERSON, her husband Plaintiffs, v. MICHELLE L. MARTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 6007 JURY TRIAL DEMANDED PRAECIPE TO SATISFY SETTLE AND DISCONTINUE TO: The Prothonotary: Kindly mark the above-captioned matter satisfied, settled and discontinued, with prejudice. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Do as Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 a c Date: November 18, 2010 rnm z rn- z? -C -Orn r cD 65 =-n >? o z' = s v -I -- i i CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Matthew Ridley, Esquire 100 Sterling Parkway Suite 308 Mechanicsburg, PA 17050 Date: November 18, 2010 IRWIN & McKNIGHT, P.C. OAHCI Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353