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Home My WebLink About02-3958 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /1. .l<.........-- No. C>:l - .J9Sf. 1..."1<". l~~ Civil Action - (X) Law ( ) Equity JURY TRIAL DEMANDED Versus THEA SA SON P.O. BOX 15433 HARRISBURG, PA 15433 RASHMM ELAM 22B SPRING GARDEN ROAD CARLISLE, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( Shollenberaer & Januzzi. LLP 1820 Linalestown Road Harrisbura. PA 17110 (717\ 234-3700 Date: August 16, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: rJu ~ 1<=1 ::l. OD~ . , Deputy ) Check here if reverse is issued for additionai information PROTHON. - 55 p (J "<l. ft- ~ d 0 (.:'::J 0 C3 C I" rl ~ ~ , ;1::.111 G -06' ,- nln' ,71 '" -J ~?' .:~ ('- U',-. '.0 -~( W -~ .' 1.,-:) JV ~ !:;::c" -'0 '-';; -.,J "i:r ,~ (~) y ~~c.;., ~, -~::.. r\l ;::~C:. 1._.-,. < """ "'\J ~ (,,) '< SHERIFF'S RETURN - REGULAR CASE NO: 2002-03958 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SON THEA SA VS ELAM RASHAAM KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ELAM RASHAAM the DEFENDANT , at 2112:00 HOURS, on the 28th day of August , 2002 at 70 W SOUTH STREET APT 2 CARLISLE, PA 17013 by handing to ANTHONY AMADURE a true and attested copy of WRIT OF SUMMONS LIVE IN BOYFRIEND together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: ?~'}~t.~~.,<~ R. Thomas Kline 08/29/2002 SHOLLENBERGER JANUZZI Sworn and Subscribed to before By: "'" me this .5- day of ~':7i~~ ;Loo.L A.D. C)rI~h~n~ ','~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3958 CIVIL THEA SON, VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Rashaan Elam, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: (O(OV~ B~ Andrew C. Lehman, Esquire I.D. #: 81,937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 ------, CERTIFICATE OF SERVICE AND NOW, thisrd day of October, 2002, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Andrew C. Lehman, Esquire 0 r::) C r<...,) .' ::::l -C'I !~T ;"') rp ~, ---I ... 2: , , -;.;. ... c/o c; ~J .r ..-' C) ~ -T-) :J:.J L~ ,. () >~ c; i'''') ::..~) ill C=.: =::! /.:: -1 5J -<. . .J -< Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA THEA SON, vs. NO. 02-3958 CIVIL RASHAAN ELAM Defendant CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, NEALON & GOVER, P.C. ~~.. By: Andrew C. Lehman, Esquire I.D.#: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: 11-1-02- RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: A.)CJI.) 4J.00~ r "':"-. Co .,< r .. ;7 t i:i :'3 , (') F: ~?f-r :5 r'-..) :::> r,.) SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-39!58 CIVIL RASHAAN M. ELAM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOIICiE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA'NYER 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 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA v. NO. 02-39~58 CIVIL RASHAAN M. ELAM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se dElfiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do dl~manda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & jANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA v. NO. 02-3958 CIVIL RASHMN M. ELAM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, THEA SON, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. The Plaintiff, THEA SON, is an adult individual who currently resides at 52 Ivey Lane, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant, RASHMN M. ELAM, is an adult individual whose last known address is 70 W. South Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on August 28, 2000, at or about 12:00 p.m. on Spring Road in, Carlisle, Cumberland County, Pennsylvania. 4. At all times relative hereto, the Defendant, RASHMN M. ELAM, was the owner and operator of a motor vehicle bearing registration plate BWJ-2998 PA . 5. At the aforesaid time and place, Plaintiff, THEA SON, made a right-hand turn from "E" Street onto Spring Road and while traveling on Spring Road, his vehicle was struck by the vehicle being operated by the Defendant. 6. As a result of the aforesaid collision, Plaintiff, THEA SON, has suffered serious and permanent injuries, including, but not limited to, the following: (a) Acute cervicothoracic sprain/strain with subluxation complex;; (b) Myalgia; (c) Spondylalgia; (d) Cephalgia; (e) Severe neck and shoulder pain; (f) Severe strain to the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (g) Shock to the nerves and nervous system; and (h) Mental and physical anguish. 7. As a direct and proximate result of the afore,said injuries, Plaintiff, THEA SON, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 8. As a further result of the aforesaid injuries, F'laintiff, THEA SON, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 9. As a further result of the aforesaid injuries, Plaintiff, THEA SON, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, THEA SON, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, THEA SON, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, THEA SON, 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. 13. As a further result of this collision, Plaintiff, THEA SON, has and/or may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Sub-chapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, 'Norkers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 14. Plaintiff is covered by the full tort option under his motor vehicle insurance policy with State Farm Insurance Company. A copy of the declaration page is attached hereto as Exhibit "A". 15. The aforesaid collision was a direct and proximate result of the negligence of Defendant, RASHMN M. ELAM, in operating her vehicle in a careless, reckless and negligent manner as follows: (a) In failing to have her vehicle under proper and adequate control; (b) In failing to apply her brakes in time to avoid a collision; (c) In failing to observe Plaintiff's vehicle lawfully traveling on Spring Road; (d) In permitting or allowing her vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; (e) In failing to keep a reasonable look-out for other vehicles lawfully on the road. (f) In otherwise operating said vehicle in a carelless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff, THEA SON, demands jud'gment against the Defendant, RASHMN M. ELAM, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ~ By: j Karl J ~anuzzi, Esquire Attor ey 1.0. No. 65575 Dated: ;J (4-103 4f ,-5-Q FIRE OVL [- DECLARATIONS PAGE NAIC# 25143 PAGE 1 OF: to FEB 21 2001 ] _.__n' State Farm Fire and Casualty I lpany . ~5Vl' ... One State. Farm Dr - ~':'~ i Concordvllle PA 19339 :..-:-) POLICY NUMBER 16 0601-B21 -388 Policy Period from SEP 18 2000 NAMED INSURED SON, THEA ~A 52 IVEV LN HARRISBURG PA 17104-2817 DO NOT PA V PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. AGENT ,JIM CHON ~~67 N FRONT STREET STEEL TON, PA 17113-2240 38-3678-557Q 1...111...111.1111.11.1..1111.11..1..1111111I1.1.1...1.1..1.11 PHONE: (717)939-8918 or (717)939-9373 VEHICLE ':VeAft .. MAt:i u ... ... ,.... ..,;MQQ~:.~' , .. d"DY STYLE 2DR VAN 4DR JT8UZ30CSS0042801 285W835Y1 XK556937 JT2SV22E1H3033638 -.". ,. - -.. -' VE.HI<;LE ID. NUMBER .. CLASS).:. PReMIUM ......... _-1Q~0 11 ._,__, ,_$.~Z~.:.~l__ 1D3F11 $466.26 1D3011 $278.95 2 3 1995 1999 1987 SC 400 83500 CAMRY LEXIJS DODGE TOYOTA I. Total PremiUm\,fC),J'l"hfs Polley Period. This is not aQiIL$132Q.73 SYMBOLS . - - .. . .~tV~~qES'.....'J.'.'.....'. 1995 1999 LEXUS DODGE $lS2.:~S5( $152.55 Se.! policy for coverage details. A Bodil}' Inii.ny/PropenyDa.mag.e'f.iabil~')i>; ./.. Lilll!ts of~ia9~ity~g(),!er,~Q~ A~,~()~il~.lnjury .,:.....EaohPers.>n~}EaCh.ACcfde.n~';):"t~"'{........<} ., $100,000., .......... $300,000 .........1.irrdlsotLi aBilitY~eraga~ptoPirt.v Damage'>., Each Accident .;:S,.;}....$1oo.CJOOJ C2 MedicaIPa,)'ITlents.. ....,..,.,...... '.'..". . Umit of we bilitY~vera.ga;C2..;~.i;;sJ.;;:y::>i>;i ..... ...., Each Pers,)n ..;.$1.0,000<.,...... . . [)250 . $250 Deductible G~rnprehem~ive , .. ...........G50Qti$500...D~ .:COlflS(()n!;::*ti.;8;;J;tf,;t~'::t:::tBl$ffi.i;2&i;tL;ft0"~'8;.Y,,C.... ~...... ,<i1.~~~~~~~r~aii~v~~~1;0Xir:irlli:8i:;1r';C]:i.t;;IJ .,~;.;+ Limits ofLiability-Goverage U 'Each'1?efi)ti~"eiiCh.~tdent'U;i{;:\;".. ...);Mzr ,j<;Y\ '. $100,000 $300 000 ..'....W ...,....}Uhd~rl8u~i;Mbtot:V~hi~li\::~~;>6);.~!:~stm;'fc........fl::.~:':.... Limits of Liability-Coverage W .E4!lch}Reti>,j~ .':Ea&t~iritE:;'i;;:s,:~1t:;it'~/i;{'U';f', ... $100 000 . $300 000 Futl8r.i'.~_"';&1f.hf{r~i+r~r~i~~t;,~;,)~titi'k.:j;;il;t;:,;i;;~'. Limits of ~iability:Cov~rage F .... ,..' Each.' PeraSr,,:;" /:::'...::71,illi".;;:}{/;..'i;:.;:'.... $2,500 ........... ,........... ...i...... ..., i.. ..... ...,......'.............. ....... :Y1:Death; DismjimbBr.tnent.and LOU of Sight-ls.. Z1 Loss of Incolne C Total Premium Per Vehicle PREMIUMS, . 1987 TOYOTA ...... .......$152..&5.,;:.'/;. $27.22' - -$27.22 .- .-:Kj(::/~;.':.._~.--.; $73.93 $4G.89 :$230;";29::';/$154.07 $3.04,. $3~04 $12l;lSdiii:';).,;$12.15 $33.17 $3.04 $12. .. $6St03 . .;;'$;63' . $68 :03;":', ...... . $l~lQ $6.58 $575.52 $1.10 $6.58 $466.26 $1. $7.98 $278.95 VERIFICATION I, Thea Son , hereby acknowled~~e that I am a Plaintiff in this action and that I have read the Conl>laint and that the facts stated herein are true and correct to thH 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. ~~X~-)~') Date: 2/4/03 SHOLLENBERGER ~ J~~ZZI. LLP 1820 LINGLEST01"~ ROAD. P.O. BOX 605~5 . HARRISBURG, p", 17106,05~5 ;717) =:34-)700 . FAX :1171 234-8212 3~' .';;; XC. .:E~:F:::;":-: :~; SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA SON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3958 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED RASHMN M. ELAM, Defendant CIERTIFICATEOF S:SRVICE AND NOW this 41J- day of t:~ 2003 111ereby certify that I have served a true and correct copy of the Complaint by United States mail, postage prepaid, addressed to: Andrew C. Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Karl J. anuzzi, Esq. Attorney 1.0. #65575 (") a C C (,) 11 s: -.., '.,1 ""tJc. f71 : nlf7 : co 2: "'r 2: l_ I (If c:" -...-.... ~~: -0 ::J.: ;?; (-; f'..:J :Pc": ..'" Z c:- -i'....,_ -i :C':J -<: en -< THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3958 CIVIL VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Thea Son c/o Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to dQ so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. Date: fJ-/~-a.J ~ By: ~__ Andrew C. Lehman, Esquire 1.0. #: 81,937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 -....-.....-.., THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3958 CIVIL VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW ANSWER WITH NEW MATTER 1. Admitted based upon information and belief. 2. Admitted. 3 - 5. Denied as stated, however, it is admitted that on August 28, 2000 at approximately 12:00 p.m. a vehicle operated by Plaintiff, Thea Son, came into contact with the vehicle operated by Defendant, Rashaan Elam, at or near the intersection of Spring Road and East Street in Carlisle, Cumberland County, Pennsylvania. The remaining averments contained in these paragraphs are denied pursuant to Pa. RC.P. 1029(e). 6 - 13. After reasonable investigation said paragraphs and sub-parts are denied as defendant is without sufficient information in order to form a belief as to the truth of the matter asserted and proof is demanded at trial. Any remaining averments contained in these paragraphs are denied pursuant to Pa. RC.P. 1029(e). 14. Admitted. 15a - f. Said paragraph and all its sub-parts are denied pursuant to Pa. RC.P. 1 029(e). NEW MATTER 16. Paragraphs 1 through 15 are incorporated herein by reference thereto as if set forth at length. 17. Plaintiff's claims may be barred in whole or in part by application and/or operation of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiff's claims may be barred in whole or in part by application of the Pennsylvania Comparative Negligence Act. WHEREFORE, Defendant Rashaan Elam requests judgment in her favor and that the within Complaint be dismissed with costs. Respectfully submitted, NEALON & GOVER, P.C. By: ~ Andrew C. Lehman, Esquire Attorney 1.0. No. 81,937 2411 North Front Street Harrisbur~J, PA 17110 (717) 232-9900 Date:t1--/8' -C<3 VERIFICATION I, RASHAAN ELAM, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: ri)o?k. J i .a_v~ RASHAAN ELAM CERTIFICATE OF SERVICE AND NOW, this Ir~y of February, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 ~~ Andrew C. Lehman ---". 0 c.::, C G..: <~ -.., L.' t:'T--'. :'~'l rTi h ~.].J -,. -, ""- i"-.) 2:' ~; (;) c -< r- I,. <"" '. 2; , " --./..-- ):; ~=' :..u .. I , c.. ;;-:- '-.> - -I -~ C..n , SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA S. SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RASHAAN M. ELAM, Defendant NO. 02-3958 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAlNTIFF1S ANSWER TO DEFENDANT1S NEW MATTER AND NOW comes the Plaintiff, THEA S. SON, by and through HIS attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the Defendant's New Matter: 16-18. Paragraphs 16-18 of Defendant's New Matter, are conclusions of law which require no responsive pleading. By way of further answer, Plaintiff denies the conclusions of law set forth in the Defendant's New Matter. WHEREFORE, Plaintiff, THEA S. SON, respectfully request your Honorable Court strike Defendant's New Matter, and enter judgment in Plaintiff's favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl . Januzzi, Esq. Attorney I.D. #65575 Date: J }')..1(0, SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA S. SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RASHAAN M. ELAM, Defendant NO. 02-3958 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this ;. 7.fh. day of Februo.r'j ,2003 I hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew C. Lehman, Esq. Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Respectfully submitted, Dated: ~/7-1 I SHOLLENBERGER & JANUZZI, LLP By: ~/ 1 ~~~UZZi, Esq. Attorney I.D. #65575 ,2003 (") s <...... "Urn mrn Z:r Z~' <i5 "" -<~; ~c: ~~C z(:::) 5>c ~ ,.,- ~ C.=:J c.) ..." 1''11 CD N 0") -0 ::I:::: r:? o ,1 !'~ ',:.~,C) ...~~ ..."'! .~'.:!to ~ en THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3958 CIVIL VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW LAM PHUOC KIM, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02.3973 CIVIL RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION. LAW MOTION FOR RULE AND NOW, comes Rashaan Elam by and throu9h her counsel, NEALON & GOVER, P.C. and respectfully requests this Honorable Court to issue a Rule returnable within twenty (20) days as to why the above-captioned actions should not be consolidated and in support thereof avers the following: 1. An automobile accident OCcurred on August 28, 2000 at approximately 12:00 p.m. on Spring Road in Carlisle, Pennsylvania. On that date, time and place a vehicle operated by Rashaan M. Elam (hereinafter ''Elam'') was involved in a collision with a vehicle being operated by Thea Son (hereinafter "Son"). Lam Phuoc Kim (hereinafter "Kim") was a passenger in the Son vehicle. 2. As a result of the aforesaid accident, Kim filed a civil action docketed at 02-3973, naming Elam and Son as defendants. 3. Son also brought a civil action against Elam docketed at 02-3958. This action was for injuries allegedly sustained by Son due to Elam's alleged negligence arising out of the August 28, 2000 motor vehicle accident. 4. Elam filed Answers to both Complaints and in Kim v. Elam and Son (02- 3973 CIVil) Elam filed a cross-claim against Son. 5. The undersigned counsel for Elam has contacted all counsel involved. A. Counsel for Kim, Richard W. Johnson, Esquire, opposes this motion for consolidation. B. Counsel for Son, Karl J. Januzzi, J. Esquire, does not concur with the within motion for consolidation. C. Counsel for Son, as a cross-claim defendant, George H. Eager, Esquire, does not oppose this motion for consolidation. 6. According to Pa. R.CP. 213 consolidation of actions is appropriate in "actions pending in the county which involve a common question of law or fact or which arise from the same transaction or Occurrence". 6. Consolidation may be sought by any party, Pa. R.C.P. 213(a). 7. This Honorable Court has adequate jurisdictional power to dispose of the entire controversy by and among all parties. 8. Consolidation of the above matters is in the interest of judicial economy since both actions arise out of the same operative facts (i.e. the motor vehicle accident of August 28, 2000). WHEREFORE, Rashaan E. Elam respectfully mquests this Honorable Court issue a Rule upon all parties as to why the above matters should not be consolidated. Respectfully submitted, NEALON & GOVER, P.C. ~~ By ~?- Andrew C. Lehman, Esquire Attorney 1.0. No. 81937 2411 North Front Street Harrisburg, PA 17110 (717) 232,9900 --- Date: {~/7-aJ CERTIFICATE OF SERVICE AND NOW, this -LZ day of June, 2003, I hereby certify that I have served the foregoing MOTION FOR RULE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Richard W. Johnson, Esquire WILSON & JOHNSON One South Broad on the Avenue of the Arts One South Broad Street, 18th Floor Philadelphia, PA 19107 George H. Eager, Esquire EAGER, REINAKER & SPINEl.LO 1347 Fruitville Pike Lancaster, PA 17601 Andrew C. Lehman -r, ~~ : / (" ,. ~2 :::, )> n c ; \~J .. , \,.c-1 , _J .; (~-J -T, -TJ (~:~'j -_.~ iq __J -I "::-.. ~J.J '-< ,.....) .-J THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3958 CIVIL .",./ VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW LAM PHUOC KIM, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3973 CIVIL RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW RULE AND NOW, th;, ./b-rll d,y of -r' "- _' 2003, , R"" ;, h''''by issued upon all parties in the above-captioned actions as to why the above matters should not be consolidated. Rule returnable twenty (20) days from the date of service. \ J. D,;stribution: f~~1 J. Januzzi, Esquire, 1820 Linglestown Road, P.O. Box 60545, Harrisburg, "LPA 17106-0545 ~ichard W. Johnson, Esquire, One South Broad on the Avenue of the Arts, One South Broad Street, 18th Floor, Philadelphia, PA 19107 lAeorge H. Eager, Esquire, 1347 Fruitville Pike, Lancaster, PA 17601 ~ndrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 ~~~.f ~~~~ (j 'v]NvlfU.SNN3d J..1Nnoo O,",'fTolj:J8rtno OU:Z Nd DE.; Nnr Co J./:fIt.J.ONOi-gUij.!. diU. .:fa 301:1.'IV'(J:j iy Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THEA SON v. NO: 02-3958 CIVIL RASHAAN ELAM Defendant CIVIL ACTION-LAW v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-3973 CIVIL LAM PHUOC KIM Plaintiff RASHAAN ELAM and THEA SON CIVIL ACTION-LAW Defendants PLAINTIFF LAM PHUOC KIM'S ANSWER TO MOTION TO CONSOLIDATE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. To the contrary, consolidation is not in the interest of judicial economy. Plaintiff, Lam Phuoc Kim is incarcerated. Therefore, undersigned counsel will be making application to the Court to mark his case deferred until such time that he is released and can attend an arbitration. In light of this circumstance, consolidation would only result in the delay of the other claim; it would not promote economy. WHEREFORE, Lam Phuoc Kim respectfully requests this Honorable Court deny Defendant's Motion to Consolidate. Respectfully Submitted, WILSON & JOHNSON VERIFICATION I, RICHARD W. JOHNSON, ESQUIRE, state that I am the attorney for Plaintiff, named herein, that I am acquainted with the facts set forth in the foregoing, that the same are true and correct to the best of my knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served upon the following party by Regular First Class Mail on July 18, 2003 Karl J. Januzzi, Esquire 1820 Linglestown Road P.O. Box 60545 Harrisburg, P A 17106 -0545 George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Andrew C. Lehaman, Esquire 2411 North Front Street Harrisburg, PA 17110 C) ~ -~); 0)1 < t" ;:"0 ~ .:-: ;!~- ( - ....'.i ,. ., c:\ r..J ( - () -'n " ~:! ~~,J l. l,) ",..,) ~ - ~ " n \...0 ) 1 -' J;". -'.,' r0 -<. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF THE CASE (entire caption must be stated in full) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COIlJNTY, PENNSYLVANIA NO. 02-3958 CIVIL / THEA SON, VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02.3973 CIVIL LAM PHUOC KIM, Plaintiff RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Rule to Consolidate 2. Identify counsel who will argue case: (a) for plaintiff: Karl J. Januzzi, Esquire (for Plaintiiff Son) Address: 1820 Linglestown Road, Harrisburg, PA 17106 Richard W. Johnson, Esquire (for Plaintiff Kim) One South Broad Street, 18th Flom, Philadelphia, PA 19107 (b) for defendant: Andrew C. Lehman, Esquire (for Defendant Elam only) Address: 2411 North Front Street, Harrisburg, PA 17110 George H. Eager, Esquire (for Defl~ndant Son only) 1347 Fruitville Pike, Lancaster, PA 17601 3. I will notify all parties in writing. within two days that this case has been listed for argument. 4. Argument Court Date: August 27, 2003 Dated: '7 -,;z If- DJ ~~ Attorney for Defendant Rashaan Elam ~ 0 0 f;.,...) .." , ...! ~U:' ,- "r (r - c"l,d,:;.:' . ::1-: N --,rr zr ..:-',0 (/)1. \..c' ..~(':J ~6 -0 ,..l' -r. ~. -n ~o :~;;: -~,:o :>0 r- ,csrn c: " ~ ~,..,., :::> ~ Cl THEA SON, PLAINTIFF V. RASHAAN ELAM, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 02-3958 CIVIL TERM LAM PHUOC KIM, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RASHAAN ELAM and THEA SON, DEFENDANTS : 02-3973 CIVIL TERM AND NOW, this ORDER OF COURT ~ ttt' day of July, 2003, upon consideration of the Motion to Consolidate filed by defendant, Rashaan Elam, and the Answer filed by plaintiff, the parties are directed to list the matter for argument in accordance with Local Rule 210-2. Edward E. Guido, J. ~rl J. Januzzi, Esquire For Thea Son ""Kndrew C. Lehman, Esquire For Rashaan Elam /Richard W. Johnson, Esquire For Lam Phuoc Kim )~ R~ 6~-D I -C[) v<1eorge H. Eager, Esquire For Thea Son as Cross-claim Defendant :sal 'v'IN\fA1ASNN":3d AlNf'1U) (ti",r'p:;,.w,JnJ 8<' .r \' i i (' ',.,. "I' e....t,. 'j\.j . c.. Ill! c"',} Al:JV1C\j,:. . JO jCH'C}:}'I. THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-3958 CIVIL / VS. RASHAAN ELAM Defendant CIVIL ACTION- LAW VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-3973 CIVIL LAM PHUOC KIM, Plaintiff RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW ORDER AND NOW, this d?~day of !2:J~~ ,2003, IT IS HEREBY ORDERED that the above-captioned actions are consolidated. All further pleadings shall be docketed at No. 02-3958 CIVil. ~. BY THpCbuRT: J. J Distribution: Karl J. Januzzi, Esquire, 1820 Linglestown Road, P.O. Box 60545, Harrisburg, PA 17106-0545 . ~ Richard W. Johnson, Esquire, One South Broad on the Avenue of the Arts, ~ . One South Broad Street, 18th Floor, Philadelphia, P A 19107 F,) p, 03 George H. Eager, Esquire, 1347 Fruitville Pike, Lancaster, PA 17601 Andrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 ~. \IINV^lA8NN3d AlNnO:) (]~,!-.rl!+j8iNm LO :z ~i.d LZ ;JfiHO IlJ\.IIC',:",.,j,:,:.' "Uj JO ^CJV.:.. 'I 'V! ..,:."h~.... -1'1..... ,;J 38i:J:!o-m'l~ Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-3958 CIVIL THEA SON, v. RASHAAN ELAM, Defendant. CIVIL ACTION - LAW LAM PHUOC KIM, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-3973 CIVIL RASHAAN ELAM and THEA SON, Defendants. CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS Andrew C. Lehman, counsel for Defendant Rashaan Elam in the above actions, respectfully represents that: 1. The above-captioned actions are at issue. 2. The claims of the Plaintiffs in these actions are less than $25,000 each. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Karl J. Januzzi, Esquire, Richard W. Johnson, Esquire, George H. Eager, Esquire, and Andrew C. Lehman, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, NEALON & GOVER, P.C. By: Andrew C. Lehman, EsqUi~ 1.0. #: 81937 .. 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: //- ..J-(/~~ CERTIFICATE OF SERVICE AND NOW, this 3rd day of November, 2003, I hereby certify that I have served the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J, Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Richard W. Johnson, Esquire WILSON & JOHNSON One South Broad on the Avenue of the Arts One South Broad Street, 18th Floor Philadelphia, PA 19107 George H. Eager, Esquire EAGER. REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 Andrew C. Lehman 1 ~ IV lri #- . 0 8 , c , -""," U) tlt:.'" ,~ . ~ zL< , r- ~ - ?~ '63 7V ~) --J r:: ~. .t:::. .r.:: 1-" ...'. r '::/::) ~~~:j , , J:- ;;~ :.11 .:.:(~ ,., --J -', THEA SON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-3958 CIVIL - (1. -sot...J.:.-I-2t:l.. -I,o-+l...'," ~. v. RASHAAN ELAM, Defendant. CIVIL ACTION - LAW LAM PHUOC KIM, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02.3973 CIVIL RASHAAN ELAM and THEA SON, Defendants. CIVIL ACTION - LAW of the ORDER OF COURT /) ~y of >t~;iu./ , 2003, in consideration petition, /t!e,n)'~ I~ f" Esquire, Esquire, and.~ rul~ ' Esquire are AND NOW, this foregoing 4~)!z/X 'lid.-: appointed arbitrators in the above-captioned actions as prayed for. P.J. Distribution: Karl J. Januzzi, Esquire, 1820 Linglestown Road, P.O. Box 60545, Harrisburg, PA 17106-0545 Richard W. Johnson, Esquire, One South Broad Street, 18th Floor, Philadelphia, PA 19107 George H. Eager, Esquire, 1347 Fruitville Pike, Lancaster, PA 17601 Andrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 VINV!il/SNN3d I''',. 'n'."-.,~' -, '''..-., '''-J f'\.i....;, ::) \ . , ,,,r."i'~i!\l! : "'J.r 11'<1 U '0 HI:" - i . -',j ",., ( i,Ul1 r:U AUV:,c:. LAW OFFICES COCO, FEINER & CITRON, P.C. BY: Peter J. Staunton IDENTIFICATION NO.: 81646 1704 Locust Street Philadelphia, PA 19103 (215) 546-3626 Attorney for Plaintiff(s) COURT OF COMMON PLEAS THEA SON, etal CUMBERLAND COUNTY vs. RASHAAN ELAM, ETAL NO. 02-3958 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearanc of plaintiff, Kirk Dixon in reference to STAUNTON, ESQUIRE for plaintiff WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of plaintiff, Kirk Dixon in reference to the ~_~ RIC SON, ESQUIRE One South Broad Street, 18th Floor Philadelphia, PA 19107 coco, FEINER & CITRON, P.C. .' (") ..... c = >i? ~:-~ c:::;, ..,.. k R!::n <: ;r- I c.n Bg :t:<" :!! -ri. c) ::t:: Q::n c: 9 '.~Cl ?~; ~"5n; .::;-r -< c.n ::5 c.v "< SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBE~LAND, PENNSYLVANIA v. NO. 02-3958 CIVIL ACTION - LAW JURY TRlft.L DEMANDED :^ 1^^ 'ami. '..'l:'il'iri;~u^A^jr..'''''It::i':'., '~ c ~ VNw ' ' ,;t'F~\J1J.'trmt.W ht:~ F I<TW' ' 'N,i,:"o,J~,ic'$?Y ~4','"~?;:,,,<" /<' ",,. ,Y Y -:: , )' TO THE PROTHONOTARY: Please be advised that the address of the undersi9ned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP r ' t. By: Date: November 29, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff THEA SON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 02-3958 RASHAAN ELAM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 29 day of November, 2004 I hereby certify that I have served the Praecipe for Change of Address of Counsel for Plaintiff to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew C. Lehman, Esq. Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Peter J. Staunton, Esq. Coco, Feiner & Citron, P.C. 1704 Locust Street Philadelphia, PA 19103 George Eager, Esq. Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ('.' " " By: Karl J. Januzz, Esq. Attorney 1.0. #655'75 Dated: November 29,2004 -- () "',) 0 = ~~~~ <.:::;::) -'f1 ..c- ". C::;J --I : . ' ,- r'..l i~;~ -n C) p.:: C :' I ;u8 c.k) .-.,>-' ~":;'" t -r;:l - I,. -'11 '..' J _.~.. -~1" .,.. ( ) -Jo1. (~~) (n ,.., " '~-. ~::l .-. ~1J ... .< . ~. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3958 CIVIL THEA SON, VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Rashaan Elam, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: [> WO~ By: j)J((~CE~ Michael S. Ferg son, Esquire 1.0.#:83882 2411 North Front Street Harrisbur~l, PA 17110 717/232-9900 ... .. CERTIFICATE OF SERVICI;, AND NOW, this l)~ day of December, 2004, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Peter J. Staunton, Esquire COCO, FEINER & CITRON, P,C. 1704 Locust Street Philadelphia, PA 19103 George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 1U~~~on, Esquire .. .. - ~~~ !'-.) f:. :" L' c:-, r! C.' c. 'j (. " l,.(," ; ") . ,{ ..,[ \";"", u !.: .,) , ::,- ': ('; r ," ,. .. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3958 CIVIL THEA SON, VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Rashaan Elam, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: Pk~ t BY:.P~ ----- Andrew C. Lehman, Esquire I.D. #: 81,937 2411 North Front Street Harrisbur~l, PA 17110 717/232-9900 ,. ., ,- ',. .- ;.-~-2 .-....' r...." c ~"' (, " ... -'OJ {", .. ~":"-.' t.) C) ( '., ./ :,.-J 'I --1",11' t ., .[ I " i.'1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728,3400 Attorne s for Plaintiff THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3958 CIVIL RASHAAN M. ELAM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Law Office of Shollenberger and Januzzi, LLP, and respectfully represents the following in accordance with Pa.R.C.P. 1012(b): 1. Plaintiff, THEA SON, retained the law office of Shollenberger and Januzzi, LLP, to represent him in the above-captioned personal injury action. 2. Prusuant to the Fee Agreement between Plaintiff, THEA SON, and Shollenberger and Januzzi, Plaintiff agreed to cooperate with this firm in pursuing this case. As noted below, Plaintiff' has been uncooperative with Shollenberger and Januzzi, almost from the time he sought representation. 3. A letter dated, September 11, 2001 indicates to Mr. Son, that the office of Shollenberger & Januzzi had been trying to reach him by telephone and had not been able to do so. A copy of said letter is attached hereto as Exhibit "A." 4. A follow up letter was sent to Mr. Son on October 1, 2001, indicating that he still needed to contact the office of Shollenberger & Januzzi, to set up a recorded statement with the insurance adjuster in his case. A copy of said letter is attached hereto as Exhibit "B." 5. On March 5, 2003, a set of Interrogatories were sent to Mr. Son by the office of Shollenberger and Januzzi wherein he was asked to answer the questions to the best of his knowledge. A copy of said letter is attached hereto as Exhibit "C." 6. A letter was sent to Mr. Son's Post Office Bo)( address on June 16, 2003. A message was faxed back to the office of Shollenberger & Januzzi, indicating that the letter was received by Mr. Son. However, the responses to the Interrogatories were not received. A copy of the letter dated June 16, 2003 is attached hereto as Exhibit "D." 7. On June 30, 2003 a letter was sent to Mr. Son at his mother's address, which is where he was also receiving mail. This letter indicates that Shollenberger & Januzzi had been unable to reach him at the telephone number he had provided. No response was received from this letter. A copy of said letter is attached hereto as Exhibit "F." 8. On August 18, 2003, a letter was sent to Mr. Son indicating that Shollenberger and Januzzi had been trying to contact him for quite some time. This letter also stated that Shollenberger would have to terminate their relationship with Plaintiff if he did not respond immediately. A copy of said letter is attached hereto as Exhibit "G." 9. Mr. Son did eventually contact and meet with Karl Januzzi, at the office of Shollenberger and Januzzi. In fact, an arbitration was scheduled to take place in Mr. Son's case. 10. On February 3, 2004 a letter was sent to Mr. Son indicating that an arbitration had been set up regarding his case and to contact the office of Shollenberger and Januzzi to prepare. Mr. Son did not contact this firm. A copy of said letter is attached hereto as Exhibit "H." 11. On February 24, 2004 an envelope had been returned to Shollenberger and Januzzi indicating that the letter enclosE!d was "attempted not known." This letter was sent to the address provided by Plaintiff. Plaintiff never contacted this firm to note a change of addn3ss. A copy of said envelope is attached hereto as Exhibit "I." 12. From the time that the envelope was returned to Shollenberger and Januzzi, all correspondence sent to Mr. Son was sent to his Post Office Box address, none of which has been returned to Shollenberger and Januzzi. 13. On April 19, 2004, a letter was sent to Mr. Son indicating that, once again, Shollenberger and Januzzi had not heard from him in quite some time and he had missed his last appointment. This letter was not returned to Shollenberger and Januzzi as being undeliverable. Mr. Son did not contact this firm. A copy of said letter is attached hereto as Exhibit "J." 14. On July 30,2004, a letter was sent to Mr. Son following up on a telephone message that was left for him indicating that there was an arbitration scheduled in his case for October 28, 2004. Once again, the overdue discovery responses were requested. This letter was never returned to the office of Shollenberger and Januzzi as being undeliverable. Mr. Son did not return Discovery responses nor did he contact this firm. A copy of said letter is attached hereto as Exhibit "K." 15. On August 17, 2004 a letter was sent to Mr. Son indicating that, once again, Shollenberger and Januzzi had been trying to contact him and that if he did not respond that Shollenberger and Januzzi could only assume that he no longer wished to pursue his claim. This letter was not sent back to Shollenberger and Januzzi as being undeliverable. A copy of said letter is attached hereto as Exhibit "L." 16. On January 12, 2005 a letter was sent to Mr. Son indicating that if Shollenberger and Januzzi did not hear from him, that they would no longer be able to represent him. The letter was not returned as being undeliverable and no response was received by Mr. Son. A copy of said letter is attached hereto as Exhibit "M." 17. A final letter was sent to Mr. Son on FebrualY 10, 2005 by Certified and Regular U.S. mail, indicating that if he did not respond within ten (10) days that Shollenberger and Januzzi would have no choice but to withdraw as counsel. The green card has not been returned, however the First Class U.S. Mail copy was not returned to Shollenberger and Januzzi as being undeliverable. Mr. Son has not contacted this firm. A copy of said letter is attached hereto as Exhibit "N." 19. Shollenberger & Januzzi cannot effectively represent Mr. Son without his full cooperation. WHEREFORE, Petitioners respectfully request that this Honorable Court grant Petitioners leave to withdraw their appearance on behalf of Plaintiff, THEA SON, in this action. Respectfully submitted, SHO EN RGER & JANUZZI, LLP Date: f"eb. 25, 2DOS Kar 8. J~ uzzi, Esquire AttorneY/ID# 65575 SHOLLENBERGER & }ANUZZ][, LLP 1820 LINGLESTOWN ROAD P. O. oc>X 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI HARRISBURG, PA. I7I06-0545 Writer's Direct E-mail - kii@shollianlawcom (717) 234-3700 FAX (717) 234-8212 September 11, 2001 with offices in Elizabethville (717) 362-4472 Wilkes-B.rre (570) 822-0711 THEA SON 52 IVEY LAND HARRISBURG, PA 17104 Dear Mr. Son: I have attempted to reach you by telephone but have not been able to do so. Upon receipt of this letter, please contact my secretary, Margie, to schedule a date for you to give a statement to your insurance adjuster, Shelby Jones, at State Farm Insurance. Thank you for your assistance to this matter. /:fli,-e K , KJJ:mm SHOLLENBERGER & }ANUZZI, LLP 1820 L1NGlESTOWN ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI HARRISBURG, PA. 17106-0545 Writer's Direct E-mail - kij@shollianlawcom (717) 234-3700 FAX (717) 234-8212 October 1, 2001 with offices in Elizabedwille (717) 362-4472 Wilkes-B.rre (570) 822-0711 THEA SON 52 IVEY LAND HARRISBURG, PA 17104 Dear Thea: Enclosed is a copy of a letter from State Farm Insurance Co. indicating they would like to take your recorded statement regarding the accident of August 28, 2000. Upon receipt of this letter, please contact my secretary, Margie, to let her know what day and time is best for you within the next 30 days to do this recorded statement. Also, please let her know if State Farm will need to provide a translator for you. KJJ:mm Enclosure SHOLLENBERGER & JANUZZI, LLP :S20 LlSGLE5TO~ ROAD PO 8C'X 6CS4j TI,IOTHY A. SHOLLE'iBERGER K.'\RL J JANLZZI HARRiSBURG, PA. 17106-0545 (717) 234-37CC FAX ('ill) 234..3212 Writer's Direct e-mail kii@shollianlaw.com .ah,'kes m Ebioethville (717) 362-H72 Wilkes-Barre (570) 822.C71l March 5, 2003 THEA SON 52 IVEY LANE HARRISBURG, PA 17104 Dear Thea: Enclosed please find Interrogatories, or written questions, which have been served upon us by the Defendant and which we must answer and return to them within 30 days. Please answer these questions as best you can and return them to us as soon as possible. The set of interrogatories you have is a copy. Therefore, feel free to write your answer in the space provided directly below the question. We will then review the answers with you and type in the answers on the original. If you have any questions regarding the above, please do not hesitate to call. KJJ:jjt SHOLLENBERGER & }ANUZZI, LLP 1820 LINGlESTOWN ROAD P O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZl HARRISBURG, PA. 17106-0545 (717) 234-3700 FAX (717) 234-8212 Writer's Direct e-mail kii@shollianlaw.comwithoffices in Eh,.bethville (717) 362-4472 Wilkes-B'lTe (570) 822-0711 June 16, 2003 THEA SON P. O. BOX 15433 HARRISBURG, PA. 15433 Re: Thea Son v_ Rashaan Elarn Dear Mr. Son: Upon receipt of this letter, please contact me immediately. We must discuss the above claim as soon as possible. KJJjjt FROM STRTE LRBOR, I NC, c '-- ";:< ^ <: ~e; ~ '- .... .., '- C D> -< ::l <= 0 ::l c -, .iil Q. /ii' ('l <= u> u>c --0 '::J'O (I) ::J D> .., 0'(1) 0" liS ~, ,,'S. III 0 ---<, 39' III -, u> u> u>CP 0:::: 0(1) :;I:' III "'0 U>(6" 'CD> o tJl <ft <11 !!!." 0'0 -::l <11_ . III ~ FAX NO. 3 C1l 3' 3 C1l 0- ~ (ll -< ~ 1Il 3 c <II - o C1l III .., :s: :' m o ::J 7172348589 f" -88 lLd. 072003 10:51RM Pi ;c C1l I'"O-I )>' :c ;UOrn ;C )> -tpm moO ~><z ;u-" (j)~ . w "'Ow ~ ;! II III CIl C) ::. :<: :0 III III ::r :: ::. !!l ~ -" U'I ~ W W [;>0 ~ ~ '\ '- <= ::l (I) ~ O'l N o o w <II '::J' o III :::I iii" ::: " o 3 ~ ~ o ~ 9' '" ~r f! i'! ~ f= -- ~ ..., ...,- 0"" ~- '" .... ~Ri 0' ...,:1:: - ..., - ... ~~ ",0 ~5! ')::-< z;> C' [:j'" ~ ~ '" " ~ .., ~ .., ",- o @' !l II> I 3 e, ,.. ~ ! ~ !;; i ~~ .... '" z '"' ,.. 0 f1 t.1 Q ~ ~ :z;l ~ ~ ~ ~ ~ <h ~ ~~ a " '" ~ N ... ;::; '" ~ ~ ~ -- ..., ..., - - ..., ..., -- ... ... ~ ~ ...... 10'- ... -, ::8 SHOLLENBERGER & JANUZZI, LLP 1820 L!NGLESTOWN ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL). JANUZZ\ HARRISBURG, PA, 17106-0545 (717)234-3700 FAX (717) 234-8212 Writer's Direct e-mail kii@shollianlaw.comwithoffices in Eli,.bethville (717) 362-4472 Wilk,,-Barre (570) 822-0711 June 30, 2003 THEA SON 52 IVEY LANE HARRISBURG, PA 17104 Dear Thea: My office has been trying to reach you regarding your case, The number we have been using is 234-4429, Please indicate whether this is your correct phone number. Please contact upon receipt of this letter to discuss your case, Very truly yours, KJJ:jjt ~uzzi SHOLLENBERGER & }ANUZZI, LLP 1820 L1NGLESTOWN ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI HARRISBURG, PA. 17106-0545 (717) 234-3700 FAX (717) 234-8212 Writer's Direct e-mail kii@shollianlaw.comwithofficesinEli,.bethville(717)362_4472 Wilkes-Barre (570) 822-0711 August 18, 2003 THEA SON 52 IVEY LANE HARRISBURG, PA 17104 Dear Thea: There is a Court proceeding come up in your case on August 27, 2003. My office has been trying to get in contact with you for quite some time, but you have not been responding to our letters or returning our calls_ This office will no longer be able to represent you if you do not contact us at least one (1) week prior to August 27, 2003, If we do not hear from you by August 20,2003, we will have to terminate our relationship, I look forward to hearing from you. ... , ,Ianuzzi KJJ:jjt SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI HARRISBURG, PA. 17106-0545 (717) ZJ4-3700 FAX (717) 234-8212 Writer's direct e-mail -llt@sholljanlaw,com with offices in Eli,.bethville (717) 362-4472 Wilkes-Barre (570) 822-0711 February 3, 2004 THEA SON 52 IVEY LANE HARRISBURG, PA 17104 Dear Thea: Please be advised that an arbitration in you case has been scheduled for Thursday, April 29, 2004 at 1 :00 p,m, at the Cumberland County Courthouse. Please call me upon receipt of this letter to schedule a time for you to come into the office for Mr. Januzzi to prepare you, call. If you have any questions regarding the above, please do not hesitate to Very truly yours, 7J~+9.:h*p Jennifer J. Troup Legal Assistant to Karl J, Januzzi :jjt (<.I~":;! ;:~\i:: O:j:i' (h/".;1 00'001:1:' :~;;;'::.' ; .i,:', (Ii ------ - ..,.--- 1-.1, IOl-/ )>NI ;:O-m ;:0<)> _m -' Ul -< Ul OJr-O O~~z ;)m C/)("")J:;>u [JO€ D ~ ~~~=i~-..J Z-iv.arricn ~. :c::rC:::15:~ ::> r-1"1'n..,,-r"l ~ m!::":r-fC:; ....,<:zrT1..... o;xjcc~ """T1l>o.:!::Z......., C::HDCClO:z=, ;:::a,-.m-lt::;J :em~~t:;:I :t:o~Ci':lZ:tl ::l:JCI)-IOn"'l Ol>::::a::Ecn Cm<::Cn em ,,-< m '" '" ~ D Co -< '" m " Jl .I :t :>- ~ ~ ~ C 0 ;d' 92) ,'i? ~ 5: ;:j t o '" 6 :t: ~ en :r o t"" t"" t!1 ~ ~ l; t!1 2 ::0 o Q ~ t!1 E )j ~ ~ z'-' 1') > ~ Z c: N N ~ t"" t"" "1:1 ~ \ , \ , f i , , \ I i SHOLLENBERGER & JANUZZI, LLP 1820 LlNGLESTOWN ROAD P. 0_ BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI HARRISBURG, PA_ 17106-0545 (717) 234-3700 FAX (717) 234-8212 writer's Ulrecl e-mail kjj@sholljanlaw.colTl with offices in Elizabethville (717) 362.4472 Wilkes-Barre (570) 822-0711 April 19, 2004 THEA SON P. 0, BOX HARRISBURG, PA 17105-5433 Dear Thea: I have not heard from you in a while regarding your case. In fact, you missed your last appointment to discuss your arbitration, Upon receipt of this letter, please contact me to discuss your case, I look forward to hearing from you, '1 KJJ:jjt SHOLLENBERGER & }ANUZZI, LLP 1820 LlNGLESTOWN ROAD P. O. BOX 60545 I '7 ':7'1: f '- ,,) HARRISBURG, PA, 17106-0545 (717) 234-3700 FAX (717) 234-8212 Wrlter's direct e-mail - JJr(glsnollJanlaw,com .th ffi . El' beth'il (7 WI 0 ces m Lza VI e 17) 362-4472 Wilkes-Barre (570) 822-0711 TIMOTHY A. SHOLLENBERGER KARL j. jANUZZI July 30, 2004 THEA SON p, 0, BOX 15433 HARRISBURG, PA. 17105-5433 Dear Thea: This letter is a follow up to the telephone messa~le that I left for you on Friday, July 30, 2004, The arbitration in your case has been rescheduled for October 28, 2004 at 1 :00 p.m, at the Cumberland County Courthouse, Also, we have yet to receive your responses to the Defendant's discovery requests, These were forwarded to you on March 5, 2003, which means that they are over a year overdue, Please provide these answers immediately. If, however, you do not understand them, please contact either Karl or myself to go over everything with you, It is essential to your case that we provide these answers to the Defendant. Please call either Karl or myself upon your receipt of this letter. > :jjr . /:;):? g' SHOLLENBERGER & }ANUZZI, LLP 18Z0 L1NGLESTOWN ROAD P. 0_ BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZl HARRISBURG, PA. 17106-0545 (717) 234-3700 FAX (717) 234-8212 writers Ulrect e-mail kJJ@shollJanlaw.com with offices in Elizabethville (717) 362-4472 Wilkes-Barre (570) 822-0711 August 17, 2004 THEA SON p, 0, BOX 15433 HARRISBURG, PA, 17105-5433 Dear Mr, Son: It has come to my attention that we have repeatl3dly requested information from you with little or no response, There is important information that we need, that only you can provide to enable us to move forward with your case, Upon receipt of this letter, it is extremely important that you contact my office to be able to supply us with the above referenced information, If we do not hear from you, we can only conclude that you no longer wish us to represent you for this lawsuit. I urge you to contact our office. VfZr yours, Karl J~;anUZZi KJJ:jjr > $ TIMOTHY A. SHOLLENBERGER KARL j. JANUZZI SHOLLENBERGER & }ANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 \A1ritj:lr'~ nirprt p_m.:::!il kjJ@<:::.hnllJ:::lnl.::lw r()m (717) 728-3200 FAX (717) 728-3400 January 12, 2005 with offices in Elizaberhville (717) 362-4472 Wilkes-Barre (570) 822-0711 THEA SON POBOX 15433 HARRISBURG, PA 17105-5433 Dear Mr. Son: Quite some time ago, we sent you a copy of written questions, called Interrogatories, served on us by defense counsel which you are required to answer. In fact, we first sent those to you on February 22, 2003. Despite our repeated request for you to answer those questions as best you could and return them to us, you have failed to do so. If we do not have the answers to the written questions within ten (10) days of the date of this letter, we are no longer going to be able to represent you in this matter. We look forward to your response. yours, nuzzi KJJjjr $ TIMOTHY A. SHOLLENBERGER KARL J. jANUZZI SHOLLENBERGER & }ANUZZI, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 Writer's Direct e-mail k,,@sholl,anlawcom (717) 728-1200 FAX (717) 728-3400 February 10,2005 with offices in Elizabcrhville (717) 362-4472 Wilkes-Barre (570) 822-0711 THEA SON POBOX 15433 HARRISBURG, PA. 17105-5433 Dear Thea: We have been attempting to contact you for quite some time now. You have not returned phone calls nor have you responded to letters we have written to you. This is to inform you that, unless we hear from you within the next ten (10) days will have no choice but to withdraw as counse,' in your case. I regret this decision. however your lack of cooperation leaves me no choice. KJJjjr Via Certified Mail/Return Receipt Requested SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff THEA SON, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 02-3958 RASHAAN ELAM , Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 25 day of February, 2005 I herebll certify that I have served the Petition of Plaintiffs Counsel for Leave to Withdraw to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew C_ Lehman, Esq. Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Peter J, Staunton, Esq, Coco, Feiner & Citron, P_C, 1704 Locust Street Philadelphia, PA 19103 George Eager, Esq, Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 George B. Faller, Esq, Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Thea Son P,O. Box 15433 Harrisburg, PA 17105-5433 Respectfully submitted" SHOLLENBERGER & ,JANUZZI, LLP By: Dated: February 25, 2005 C) , r-> c::":lo I':) (i'l I (.) (I -" --1 ",": 'I! r; "', l"';:~ l~l '....,:) (~) '+\1 >~~ C') ',;~ G) :......:;" . v\ , SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O, Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff THEA SON, Plaintiff MAR 0 4 ZUUS {\ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-3958 CIVIL RASHAAN M. ELAM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this /0' day of ",.,~ , 2005, upon consideration of the Petition of Plaintiff's Counsel for Leave to Withdraw, it is hereby ORDERED that said petition is GRANTED, and that Petitioners, the law office of Shollenberger and Januzzi, LLP, be permitted to withdraw their appearance of record for Plaintiff Thea Son in the above-captioned matter. o4d J, ",J ;., V. IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 02-3ft58 CIVIL / THEA SON RASHAAN ELAM LAM PHUOC KIM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. V. RASHAAN ELAM and THEA SON NO. 02-3973 CIVIL ORDER OF COURT AND NOW, October 20,2005, the Board of Arbitrators previously appointed in the above matter is vacated, based upon the relation of the chairman that the matter is not at issue. The chairman, George B. Faller, Jr., Esquire shall be paid the sum of $50.00. By the Court, -Ai P.J. -;:..c':n-:) I 11 :01111] h I 1'10' cnp . ... '.. j t ....<~.. ..1,; ,.)~ AU\ilC[',:':/,;: :>.::d 3H1 :10 3~J\L ()~OjlH George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Peter J. Staunton, Esquire 1704 Locust Street Philadelphia, PA 19103 George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Andrew C. Lehman, Esquire 2411 North Front Street Harrisburg, PA 17110 Court Administrator ~ .~ /0-/'1-06' Q- MARTSON DEARDORFF WILLIAMS & OTTO MJ2W&'O ATTORNI-YS & Cm;;\1SIJlORS AT LA'!'" TELEPHONE FACSIMILE INTERNET (717) 243.3341 (717) 243-1850 www.mdwo.com WIl.LlAM F. MARTSON JOLIN B. FO\VLFR III DANIFJ. K. DEAR[)ORfT THO\1,\S 1. WILLlA!\IS* IV() V OTTO III GcOR(,E B. FALLER JR.* (','\RL C. RISCH D1\v1I) A. Fn'l.SJ\10NS DAVID R. GALlJIV,'AY CmUSTOPIH:.R E. RICE JLJ\NIFI~R L. SPEARS HILL-'\RY A. DI:Al'< 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 *B'li\IW CrRTlfll,1l C1\J] 1'RI\1 Sl'ln~II\1 October 6, 2005 VIA HAND DELIVERY Honorable Kevin A, Hess Cumberland County Courthouse One Courthouse Square Carlisle, PAl 7013 RE, Thea Son v, Rashann Elam ." No, 02-~8 - Cumberland County C,c.p, 6 2 - 3 95'8 Lam Phuoc Kim v, Rashaan E1am and Thea Son No, 02-3973 - Cumberland County c.c.p, Dear Judge Hess: Approximately two years ago I was appointed as Chairman of the Arbitration Panel with regard to the above-referenced matters, At this time, we are returning the file to discontinue the Arbitration Panel, as onc of the parties is currently in a state correctional institution and would not be able to appear for a hearing, Should you have any questions, feel free to contact me, Thank you for your consideration, Very truly yours, FF WILLIAMS & OTTO GBF/mam Enclosure cc: Peter.l. Staunton, Esquire George H, Eager, Esquire Andrew C. Lehman, Esquire Barry Kronthal, Esquire Susan Pickford, Esquire F \FILES\DA T AFILE\General\Current\;]rbllrelaml 0 INFORMATION. ADVICE ADVOCAcy'iM v, IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 02-3~58 CIVIL THEA SON RASHAAN ELAM LAM PHUOC KIM : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. V. RASHAAN ELAM and THEA SON NO. 02-3973 CIVIL ,J ORDER OF COURT AND NOW, October 20,2005, the Board of Arbitrators previously appointed in the above matter is vacated, based upon the relation of the chairman that the matter is not at issue. The chairman, George B. Faller, Jr., Esquire shall be paid the sum of $50,00. By the Court, . ;1i P.J. George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Peter J. Staunton, Esquire 1704 Locust Street Philadelphia, PA 19103 George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Andrew C. Lehman, Esquire 2411 North Front Street Harrisburg, PA 17110 Court Administrator .~ ~ / /OJlj.O':' {)- -'" " PRAECIPE FOR LISTING CASE FOR RIAL (Must be typewritten and submitted in d plicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the fOllowing case: (Check One) (X) for JURY trial at the next term of civil cou () for trial without a jury, (CAPTION OF CASE, entire caption must be state in full) (check on ) ) Civil Action - Law ) Appeal from Arbitration ) Plaintiff (other) The trial list wil be called on and Trials com men on THEA SON, Vs. No. 02-3958 Civil RASHAAN ELAM, Defendant Plaintiff Pretrials will be held on 7 /36/011 I , (Briefs are due 5 ays pretrial.) (The party listing his case for trial shall provide forthwith a CODV f the PraeciDe to all counsel. --~--~--~-..-_.._----------_..-.._---------------_..--- LAM PHUOC KIM, Vs, No, 02-3973 RASHANN ELAM and THEA SON Defendants Indicate the attorney who will try case for the party who files this Praecipe: Michael S, Ferguson, Esquire Indicate trial counsel for other parties if known: Peter J, Staunton, Esquire George H. Eager, Esquire This case is ready for trial. NEALON GOVER & PERRY Date -2( ~ I C6 By: .---W Michael S. erguson, Esquire Attorney I. D, No, 83882 Attorney for efendant Rashaan Elam 2411 North ront Street Harrisburg, A 17110 (717) 232-99 0 , ,- CERTIFICATE OF SERVICE AND NOW, this -.l day of May, 2006, I hereby ce ify that I have served the foregoing PRAECIPE FOR A LISTING CASE FOR A TR AL on the fOllowing by depositing a true and correct copy of same in the United Stat s mail, postage prepaid, addressed to: Peter J, Staunton, Esquire 303 Chestnut Street Second Floor Philadelphia. PA 19106 George H, Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, PA 17601 1VAA Michael S Ferguson, Esquire (') s: -0 (}'-, qJL ?~\ \..1..'" ;:,S '::< I,;:" ,~ -:~"." ". (, >-;:; ~ =< _. " ...., = = Cf' '- 5 ~ o " :r:!" rT1p -urn :::;C;; r:){J.. ::;;! ~"~ 'f'~) ,1 '";.::C>"l..:-> :3rn ,~--I :p. cn .< ;po. :z: 9? N N #6 THEA SON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 6~ NO. ~-3958 CIVIL TERM Plaintiff v. RASHAAN ELAM, Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held wednesday, August 30, 2006, before the Honorable Edward E. Guido, Judge. Present for the Defendant was Michael S. Ferguson, Esquire. The Plaintiff did not appear. This is a noncomplicated auto accident case. Defendant has been unable to get in touch with the pro se Plaintiff, and it appears that she will not be at the trial. The Defendant would like to have the case dismissed under the Rules of Civil Procedure for her failure to appear at trial. He has been advised that he needs to effectuate service of this Order and the praecipe listing the case for trial. He will then have to convince the Court that dismissal is the appropriate remedy. If Plaintiff does show up for trial, the case should last no more than one dgy,'" J3Y the CO~ (~ ~ .. __'- _~._....", .J ....... ..~.~..~<<'!._:_..~jr .""'"..... "C-' ""","", '" Edward E, Guido, J. """ ::r;:: '?' w 0'\ Thea Son 52 Ivey Lane Harrisburg, PA Plaintiff, Pro (') ~ ~~ U[7; Q:1t, s:. .0:" . V". -<" fiS ~ Court Administrator ~onotary 17104 se Michael S. Ferguson, Esquire For the Defendant srs "'" = = "'" :> c:: (;') w o -., :r m:D ",hi :X}o OL ;-'-jSy~ i,~1_ -,-1 ,;.)_J :,-:;0"("") ~m 'K THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RASHAAN ELAM, Defendant 02-3958 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of September, 2006, upon consideration of Defendant's motion for a compulsory nonsuit based upon the Plaintiff's failure to appear for trial in this matter, and failure to prosecute the case, the Defendant's motion for a compulsory nonsuit is granted, and the complaint against the Defendant is dismissed. By the Court, Thea Son, Plaintiff Pro Se 52 Irvey Lane Harrisburg, PA 17104 . J. Michael S. Ferguson, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendant q-J-{-t)~ ~ ~~ pcb r/:!\jV/,l,\Si>,lN::id I r"!n"""'-, ,.-,'" ,..'i..'...'.,.....':/ltnl'"l 1\.lJ~ ~ ~~\._J,. . ~._,\, ,,'~-.~'~:.r~i v DO :01 WV S2 d3S 900l AW10i\lOH10dd 3Hl :10 38!:Ho-G31l:l