HomeMy WebLinkAbout96-01903
PERLOW, RUBIN" ASSOCIATES
BY: FREDRIC D. RUBIN, ESQUIRE
ID No.: 17485
9637 BUSTLETON AVENUE
PIllLADELPIlIA, PA l!>>IIS
(Zl5)677-f66&
JACK MARLIN
IInd ELAINE MARLIN, h/w
10 Firewood Drive
Holland, PA 18966
PLAINTIFF
'-", ..
VS.
JOHN V. REED
RD No.5
Box ZIS
Wellsboro, PA 16901
TO TIlE PROTIIONOTARY:
TIllS IS A JURY MATIER.
ATI'ORNEY FOR PLAINTIFFS
CUMBERLAND COUNlY
COURT 010' COMMON PLEAS
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PRAECIPE
I tj l) :3 (!ltl-t ~ 0.t~
TERM 1996
NO.:
KIndly Issue a Writ of Summons In Civil Action against the
Defendants In the c:apUoned matter.
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Iml III Mechanlcsbllrg, Pellnsylvallla collided IVlth Plalntljl's vehicle, call sing
Plallllljf, JACK MARLIN to sustalll persollal alld bodily III juries, IVlJicll such
injuries are lully alld more specifically artlclllated hereinafter.
4. The aforementlolled molor vehicle accident, lVas caused solely as
a resull 01 the negligence, carelesslless and recklesSTIess 01 the Delendatlls, and
each 01 them, alld consisted 01 the 101l01V1llg:
(a) Operallllg the relerellced motor vehicle at a IJigh alld
excessive rale 01 speed IInder the clrcllmslallcesj
(b) Fall/IIg 10 mallllaln a proper alld sllfficlellt lValch /lflder
Ihe circllmslancesj
(c) Fall/IIg 10 observe and obey dilly posted Iraffic signs alld
slgllals for the cOlltrol 01 traffic ill, abolll alld al Ihe area III qlleslionj
(d) Fall/IIg 10 malnlain proper alld sulficlelll cOlllrol of the
referellced molor vehlclej
(e) Fall/ng to exercise due care 10 malnlaln and assured clear
distallce aheadj
(f) Operating Ihe molor velllcle al a rapid, excessive alld
reckless rale 01 speed IInder Ihe clrcllmslancesj
(g) Operating Ihe molor velllcle on Pllbllc IIIghlVays not
eqllipped lVith proper safely devices alld appllallcesj
(II) Operatlllg the molor vell/cle lVithollt dlle regard lor the
rigllts, safety and position of Plallllljfs at Ihe time alld place III qlles!ionj
(i) Operatlllg the molor vehicle In vlolatloll 01 the varlolls
local ordil/al/ces al/d stalutes of the City of Mechanicsburg al/d Commonwealth
of Pe1Insylvania, pertail/ing to the operations of molor velllcles upon the public
highways and thoroughfaresi
(j) Such oll/eracts and omissions of negligence, carelessness,
recklessness and gross negllge1lce as may be revealed by investigation and
fOn/wl pretrial discovery pursllant to the Petlnsylvania Rilles of Civil Procedllre
which sllch acts and/or omissions are incorporated by reference hereini and
(k) Negligence, carelessness, recklessnessandgrossnegllgel/ce
at law.
S. Directly and proximately resultant of the aforemel/tl01led Incldem,
Plalmiff, JACK MARLIN sustained IlI]uries, particularly Including, bllt not
limited to, multiple Inten/al al/d exten/allll]uries of variolls parts of hIs body,
with sllOck to the I/erves al/d I/ervolls system and other trollmatlc 1IlIIIries to
varlolls parts of the body, al/d actlvatlol/ and aggravatlol/ of pre-existing and
donl/al/t cOl/dltlol/s, if al/Y, the full extel/t of wlllch Is I/ot yet kllOWI/, all of
some of wlllch sllch illluries are or may be seriolls, severe al/d pent/aI/em II/
I/ature. Plall/tiff, JACK MARLIN sl/ffered al/d lIIay cOl/til/ue to suffer greal
physical pall/ al/d lIIel/tal anglllshi and has bem al/d may cOl/tll/ue to be
prevented from attel/dll/g to his IIsllal dlltles, avocatlol/s al/d occupatiol/si has
suffered and may cOl/tlnlle to sllffer a loss of I/is ean/II/gs al/d his earning
capacltyi and has incurred al/d may cOl/tlll/le to Incur variolls medical expenses
In al/d abollt an effort 10 cllre IIlmseif of sllch Itllllries.
6. Direclly and proxlmalely reSllllanl of IIIe aforel/le1llloned accldtlll
and IIIe aforemenlloned negligence of Defendant, Plaintiff lias Incnrred, alUl
I/Iay for an Indefinite time Inllle flllllre, conlllllle and be reqnlred 10 Incnr and
expend various slims of money for medlc/ne, and medical care and services In
and about an effort to treal and cllre himself of the referenced "uuries. wlllch
expenses or losses do or may exceed amolll/ts tllat lie may othenvlse be entilled
to recover IInder the Pelll/Sylvanla Motor Velllcle Financial Responsibility Law,
75 Po C.S.A. Section 1701, el seq., as amtllded, Including but nOllimlted to all
medical expenses result/ng from tile referenced coll/slon to the extent tllat IIIe
referenced expenses exceed Ihe slim and amollnt of Ten TllOusand ($10,000.00)
Dollars, but are less IIIan One Hundred Thousand ($100,000.00) Dollars.
7. Directly and proximately reSllllalll of IIIe Deftlldalll'S negligence,
Plaintiff, JACK MARLlN lias been and probably will In the future, cOllllnue to
be prevenled from aI/ending to Ills usual act/vltles, dlltles, occllpatlons and
avocat/ons and he lias suffered and probably will In the fulure, continue 10
SIlffer a loss of eamlngs and III/palnnent of Ills eamlng capacity or power,
wlllcll referenced loss of Income andlor III/palm/ent of eamlng capacity or
power have or may exceed the slims recoverable under the provisions of tile
Pel",sylvanla Motor Vehicle Financial responsibility Law, 75 Po C.S.A. Section
1701, et seq., and particularly Section 1711 as amended.
8. Directly and proximately resnllant of the Defendant's negligence,
Plalllllff, JACK MARLIN lias or may IIerelnafler Incllr other financlal/osses
or expenses whlcll do or may exceed all/aunts wlllcll lie may otllenvlse be
elltllled to recover, all to Ills great detrlmelll, (lamage alld loss.
9. Directly alldproxlmately resultallt of tile Defet/dallt's IIeg/lget/ce,
tile Plallltlff lias become IIeIl'OIlS, dlscouroged, depressed, Irritable alld Isfearflll
tllat Ills symptollls will Call/III/Ie IIIto tile IItIkllOWII future alld pent/allelltly.
Addlllollally, Plalllllff lias experlellced a severe /llIIlIatloll of tile IIonllal pumllt
of dally /lvlllg IIabits, elutles III alld about tile llOuse/lOld, ability to do Ills
lion/wi cllores III alld about Ills IIome IIelr alld are II11able to participate III
IlOnllal recreatloll pursuits alld Ills IlOnllal lifestyle as lie did prior to tile
co//lsloll .
10. Directly alld proximately resultallt of tile IllIurles sllstallled from
tile referellced motor velllcle COI/lSIOll, Plallltlff IIave sustailled a serious
Impalnllellt of a body fUIICtloll, ill tile past, presellt, future alld pent/allet/tly.
WHEREFORE, Plallltlff, JACK MARLIN requests tills Court to issue
alld ellter judglllellt III Ills favor alld agalllst tile Defelldalll, III a Slllll III excess
of FIfty Tllousalld ($50,000.00) Dollars, plus tile cost of suit alld illterest alld
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sucll furtller relief as Is just alld proper.
Count II
Plaintiff. Elaine Marlin vs. John V. Reed
II. Plailltlff, ELAINE MARLIN IIIcorporates by referellce tile
allegatlolls colllallled IIIParagraplls I tllrougll 9, illclllslve, as fully as tllougll
tile same were IIere set fortll at lellgtll.
12. Plallltlff, BLAINE MARLIN was, alld Is tile lawful wife of
Plalllllff, JACK MARLIN.
13. Directly alld proximately resultallt of Defelldallt's carelesslless,
recklesslless, IIegligellce alld gross "egligellce, alld Plallltiff IlIlsballd's llIjurles,
Plallltiffwife, ELAINE MARLIN lias lost alld will III tllefuture lose tile society,
compalliollsllip alld cOllsortium of IIer IIusballd, Plaillliff IIerei", JACK
MARLIN all to IIer great detrlmellt, damage a"d loss.
WHEREFORE, Plallltlff ELAINE MARLIN requests tllis Court to issue
a"d e"ter judgme"t ill IIer favor alld agalllsttlle Defelldallt, III a" all/oullt I"
excess of Fifty Tllousalld ($50,000.00) Dollars, exclusive ofi"terest alld costs,
plus I"terest alld costs.
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JACK MARLIN and ELAINE MARLIN,
Husband nnd Wife,
PlaintilTs
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
JOHN V. REED,
Defendnnt
NO. 96-1903
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT, JOHN V. REED,
TO PLAINTIFFS' COMPLAINT
AND NOW comes Defendnnt, John V. Reed (hereinnfter "Reed"), by nnd through his
nllomeys, Hartman & Miller, P.C., who responds to Plnintiffs' Complnint as follows:
ANSWER
I. After rensonnble investigation, Reed Incks knowledge or infonnation suffieientto
fonn a beliefns to the truth of the nvennents contnined in Parngrnph 1 of Pin in tilTs' Complnlnt;
the avennents nre therefore denied nnd strict proof thereof is demnnded nttrial.
2. After rensonnble investigation, Reed Incks knowledge or informntion suffieientto
fonn a beliefns to the truth of the nvennenls contnined in Pnragrnph 2 of PIn in tilTs' Complaint;
the nvennents nre therefore denied nnd strict proof thereof is demnnded nttrial.
2. (Duplicnte) Admitted.
3.-10. The avennents contained in Paragraphs 3-10 of Plain tilTs' Complaint are
conclusions of law or faet to which no response is necessary; to the extent that a response is
deemed necessary, the avennents are denied pursuant to Rule 1029(e) of the Pennsylvania Rules
of Civil Procedure. By way of further answer, Reed hereby incorporates by reference as though
fully set forth herein Paragraphs \4 through 18 of the New Matter attached hereto.
WHEREFORE, Defendant, John V. Rced, requests that judgment be entered in his favor
and against PlaintilTs and that PlaintilTs' Complaint be dismlsscd with prejudice.
COUNT II
II. Defendant incorporates by reference his Answers to the allegations of Paragraphs
I through \ 0 as though fully set forth at length,
\2. After reasonable investigation, Reed lacks knowledge or infonnation sufficient to
fonn a belief as to the truth of the avennents contained in Paragraph \2 of Plain tilTs' Complaint;
the avennents are therefore denied and strict proof thereof is demanded at trial.
\3. The avennents contained in Paragraph \3 of Plain tilTs' Complaint are conclusions
of law or fact to which no response is necessary; to the extent that a response is deemed
necessary, the avennents are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Procedure. By way of further answer, Reed hereby Incorporales by reference as though fully set
forth herein Paragraphs 14 through \8 of New Motter attached hereto.
WHEREFORE, Defendant, John V. Reed, requests that judgment be entered in his favor
and against PlaintilTs and that PlalntilTs' Complaint be dismissed with prejudice.
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NEW MATIER
14. The averments set forth in PlaintilTs' Complaint fail to state a claim or cause of
action against Reed upon which relief may be granted.
IS. IfPlaintilTs sustained injury and damage as a result of the actions or inactions of
individuals or entities, as allegcd in PlaintilTs' Complaint, such actions or inactions were of
individuals or entities other than Recd, his agents, servants, or employees and ovcr whom Reed
neither exercised nor had the right to or duty to exercise control, and for whose actions or
inactions Reed is not responsible or otherwise legally liable,
16, Any claim or cause of action as set forth in PlaintilTs' Complaint is barred by
operation of the contributory/comparative negligence of Plain tilTs as may be developed during
discovery, specifically including, but not limited to PlaintilT-husband's failure to operate his
vehicle in a safe manner when backing out of his parking space.
17. Any claim or cause of action as set forth in PlaintilTs' Complaint is barred by
operation of Plain tilTs' assumption ofa known risk as may be developed during discovery,
including but not limited to PlaintilT-husband's decision to baek his vehicle out of a parking
space without looking.
18. Any claim or cause of action as set forth In PlalntilTs' Complaint Is barred by the
applicable Statute of Limitations, specifically including, but not limitcd to, any claim or cause of
action which, by reason oflack of spcclficity of pleading, is not directly and specifically set forth
in the language of PlaintilTs' Complaint, but which PlaintilTs' seek to raise at a later time by
amendment, claiming to have preserved such a elaim or cause of action within PlaintilTs'
Complaint.
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WHEREFORE, Defendant, John V, Reed, requests that judgment be entered in his favor
and against Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice,
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and
New Matter within twenty (20) days from service hereof or ajudgment may be entered against
you.
Respectfully submitted,
HARTMAN & MILLER, P.C.
Dated: /tjMlqt
BY:~,t!.
Ja . Hartman, Esquire
Supreme Ct. 1.0. #21902
One Keystone Plaza, Suite 107
Front and Market Streets
Harrisburg, PA 17101
(717) 232-3046
Attorneys for Defendant,
John V. Reed
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VERIFICATION
I, John V. Reed, hereby verify and state that the facts set forth in the foregoing document
arc true and correct to the best of my Information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn
verification to authorities.
Date: /01" 7/96
~ \Y(lULO
John V. Reed I
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CERTIFICATE OF SERVICE
I, Jack M. Hartman, Esquire, hereby certify that 1 am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid, as follows:
Fredric D. Rubin, Esquire
PerlotT, Rubin & Associates
9637 Bustleton Avenue
Philadelphia, PA 19115
HARTMAN & MILLER, P.C.
, ~ated~: ~I' 37 t?
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By:
Ja . Hartman, Esquire
Supreme Ct. J.D. #21902
One Keystone PIIIZII, Suite 107
Front and Market Streets
Harrisburg, PA 17101
(717) 232-3046
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I'luintifTs
CUMBERLAND COUNTY,
I'ENNSYL VANIA
vs,
CIVIL ACTION - LA W
JOHN V. REED,
Defendunt
NO. 96-1903
JUR Y TRIAL DEMANDED
RIlI.E TO SHOW CAIlSE
TO: Fredric D, Rubin, Esquire
Perloll: Rubin & Associ utes
9637 Bustleton Avenue
I'hiladelphiu, PA 19115
(Allomey for PlaintifTs)
AND NOW this.1.L:.. duy of (74..~~ ' 1997. upon consideration ofth~
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foregoing Motion to Compel Production, a Rule is hereby issueo upon Pluintiffs~hrough their
counsel, to show what cause, if any, they have not to file full and responsive Answers to
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Interrogatories and produce all documents requested in the Request for Production of
Documents, or be subject to sanctions imposed by this Court, which muy include:
(a) Precluding Plaintiffs from presenting uny claims or supporting any claims on the
basis of the infonnution requested;
(b) Precluding Pluintills from Introducing In evidence any Informutlon requested or
documents identified;
(c) Awarding counsel Ices incurred in liIing the Instant motion and any related
procedures; and
(d) Such other reliel"us the Court deems just und proper UI er the circumstances.
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as Exhibit "A".
4. A copy of the uforesaid Request is attuched hereto and made u part hereof us
Exhibit "B"
5. To date. Plaintifl's have served no response to the Interrogatories or Request.
6. By letter dated December 13. ]996, undersigned counsel for Defendant
corresponded with coullselliJr Pluintifl's to the eOcct that if complete responses to the
outstnndlng Interrogatories und Request were not served within ten (10) days of the date of that
letter, a Motion to Compel would be filed. A true and correct copy of the aforesaid letter is
attached hereto and made a part hereof as Exhibit "C".
7. Although Plaintiff's counsel has advised by telephone in response to Exhibit "C"
that Answers were liJrthcoming, no further response has been received by undersigned counsel
for Defendant to Exhibit "C" as of the date of filing of the instant Motion to Compel.
WHEREFORE, Defendant seeks a Rule from this Honorable Court in the fonn attached
hereto, requiring Plaintiffs to show cause why they should not file complete and responsive
Answers to Interrogatories and a Response to the Request within ten (t 0) days, or be subject to
sanctions including, but not limited to:
(a) Precluding PlaintiO's from presenting any claims or supporting any claims on the
basis ofthe infonnation requested;
(b) Precluding Plaintiffs from introducing in evidence any infommtion requested or
documents identified;
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(c) Awarding couns.>1 fees incurred in filing the instant motion and any related
procedures; and
(d) Such other relief as the Court deems just and proper under the circumstances.
Respectfully submitted,
HARTMAN & MILLER, P.C,
Date: I:; 7/ 9/j
By:
Jac M, Hariman, Esquire
S preme Ct.I.D.1I21902
One Keystone PlaZll, Suite 107
Front and Market Streets
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendant, John V. Reed
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JACK MARLIN nnd ELAINE MARLIN,
Husbnnd and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION. LAW
JOHN V. REED,
Defendant
NO. 96-1903
,JURY TRIAL DEMANDED
INTERROGATORIES OF THE DEFENDANT. JOHN V, REED
FOR ANSWER BY PLAINTIFFS.
JACK MARLIN nnd ELAINE MARLIN
TO: Jack Marlin nod Elaine Marlin
c/o Fredric D. Rubin, Esquire
Perloff. Rubin & Associates
9637 Bustleton A venue
Philadelphia, PA 19115
Attorney for Plaintiff
PLEASE TAKE NOTICE that you are hereby required, pursunnt to PeMsylvnnia Rules
of Civil Procedure No. 4001,l:1 s.eq./Federnl Rule of Civil Procedure No. 33, to serve upon the
undersigned, within thirty (30) days after service of this Notice, your Answers in writing under
oath to the following Interrogatories.
HARTMAN & MILLER, P.C.
By:
J ck M. HllI'tmno, Esquire
Supreme Ct. !.D. #21902
One Keystone Plnzn, Suite 107
Front nnd Market Streets
Harrisburg, PA 17101
(717) 232-3046
Dated: /CI/~C' /r?t
/ /
Attorneys for Defendnnt, John V, Reed
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DEFINITIONS AND INSTRUCTIONS
(A) Whenever the tenn "document" is used herein, it includes (whether or not
specifically called for) all printed, typewrinen, handwrinen, graphic or recordcd maller, however
produced or reproduced and however fonnal and infamlal,
(B) Whenever you arc asked to "identilY" a document, the followlnlllnfommtlon
should be Biven as to each document of which you arc aware, whether or not you have
possession, custody or control thereof:
(I) The nature of the document (\Wl., leller, memorandum, computer
print-out, minutes, resolution, tape recordinll, etc.);
(2) Its date (or if II bears no date, the date when It was prepnred);
(3) TIle name, address, employer and position of the sillner or sillners
(or if there is no siBner, of the person who prepared it);
(4) The name, address, employer and position of the person,lfauy, to
whom the document wus sent;
(5) If you have possession, custody or control of the document, the
location and deslBnation of the place or file in which It Is contained, and the name,
address and position of the person havlnB custody of the document;
(6) If you do not have possession, custody or control of the document,
the present location thereof and the nume and address of the orllanllation havlnB
possession, custody or control thereof; and
(7) A brid statement of the subject mailer of such document.
(C) Whenever you are asked to "identity" an oral cunullunlclltlun, the Ihllowinll
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information should be given as to each oral communication of which you lU'e aware, whether or
not you or others were present or participated therein:
(I) The means of communication (~, telephone, personal
conversation, etc.);
(2) Where it took place;
(3) Its date;
(4) The names, addresses, employers and positions (a) of all persons
who participated in the communication; and (b) of all other persons who were
present during or who overhelU'd that communication;
(5) The substallce of who said what to whom and the order in which it
was said; and
(6) Whether that communication or any part thereof is recorded,
. described or referred to in any document (however informal) and, if so, an
identification of such document in the mwmer indicated above.
(0) If you claim that the subject matter om document or oml communication is
privileged, you need not set forth the brief statement of the subject mailer of the document, or the
substance of the oral communication called for above. You shall, however, otherwise "identify"
such document or oml communication and shall state each ground on which you claim that such
document or oral communication is privileged.
(E) Whenever you lU'e asked to "identify" a person, the following information should
be given:
(I) the name, present address and present employer and position of the
~
person; and
(2) Whether the person hns given testimony by way of deposition or
otherwise in any proceeding related to the present proceeding and/or whether that
person has given a statement whether oral, written, or otherwise, and ifso, the title
and nature of any such proceeding, the date of the testimony, whether YOll hnve a
copy of the transcript thereof, the name of the person to whom the stnternent was
given, where the statement is presently located if written or otherwise transcribed,
and the present location of such transcript or statement if not in YOllr possession.
(F) The tenn "you" and "plaintiff' shall be deemed to mean and refer to the plaintiff,
Jack Marlin, or his wife, Elaine Marlin, where applicable, and shall also be deemed to refer to,
but shall not be limited to, his attorneys, consultants, sureties, indemnltors, Insurers,
investigators, and any other agents insofar ns the material requested herein Is not privileged.
(0) The word "incident" shall be deemed to mean and refer to the incident os alleged
to have occurred and ns set forth in your Complaint.
These Interrogatories shall be deemed to be continuing Interrogatories. Between the time
of your answers to said Interrogatories and the time of trial, if you or anyone acting in your
behalflenms the identity or whereabouts of other witnesses not disclosed in your answers, or if
.
.,
PERSONAL IDENTIFICATION
\. State:
(a) Your full nllll1e and each other nllll1e which you have used or by which you
have been known; your date and place of birth; your present residence
address and each other address and period of residence which you have
had during the past live years;
(b) Your Social Security Number; and
(c) NlIIl1e ofnll spouses and the inclusive dates of your marriage relationship as to
each spouse named.
ANSWER:
.
ED1JeA TION:
2. State the name lIIld address of each school, college or other educationul facility which you
have attended, listing the dates ofaltendllllce lIIld courses of study, including all
professional, trade, on-the-job, or lIIlY other specialized training which you have received.
ANSWER:
SUPPORT:
3. SllIte the nllllles, addresses, relationships lIIld ages of all persons dependent upon you for
support or mnlntenllllce, or to whom you contributed support or malntenllllce, at the time
of the Incident referred to in your Complaint, listing for each such person the nature and
amount of such support or malntenllllce paid or contributed In the year preceding the
incident referred to in your Complaint.
ANSWER:
TRIAL EXPERT WITNESSES
5, State the names, busines~ and residence addresses, and employers of each person whom
you will call as an expert witness at the trial of this molter, including medical witnesses
identified with regard to the issues of Iiabiliry (L) and damages (D), and with regard to
each expert state:
(a) The subject matter on which the expert is expected \0 testilY;
(b) The substance of the facts and opinions to which the expert is expected to testilY;
(c) A summary of the grounds for each opinion;
(d) Whether the facts and opinions to which the expert is expected to testify are
contained in any written report, memorandum, or other document, and, if so,
identify the name and address of the present custodian of said report,
memorandum or other document. (A copy of the expert report may be attached in
lieu of answering Interrogatory 5.)
(e) The qualifications of the expert, including education, experience, areas of
specialization, publications, associations and honors. (A copy of the curriculum
vitae of the expert may be attached in lieu of answering Interrogatory 5).
ANSWER:
-,._--.-.--- ..--.-. --" - .--..-.
WITNESSES AND THOSE WITH
KNOWI.EDGE OF THE INCIDENT:
8. Identify each person (by stating the nlllUe, IllSt known home and business address) who:
(a) Actually saw the incident;
(b) Was present at the time of the incident and witnessed it through sight or hearing;
(c) HllS any knowledge or infonnation as to any facts pertaining to the circumSlllnces
and manner of the happening of the incident. the physical conditions existing at
the time of the incident or the nature or extent of the injuries or dlllUages
sustained,
ANSWER:
rNVESTrGA TrONS:
10, Do you or Myone actinll on your behalf know or believe that MY investigations were
conducted of the incident which is the subject mailer of this action"
If so, idenlify (by stating the name, last known home and business addresses):
(a) Each person and employer of eueh person who so conducted investlgalions:
(b) If different from the person identified in subpart (a) above, the person who hus
custody of or possession of MY written notes, reports or other documents prepared
during or as a result of the investigation,
ANSWER:
13. Identify all hospitals, clinics, nursing homes or other institutions in which you have been
confined or received out-patient treatment because of the injuries suffered and include the
name and address of the institution. the dates of confinement and out-patient treatment,
the treatment and services rendered and the cost of each.
ANSWER:
14. With regard to each institution referred to in the preceding Interrogatory, identify the
doctor or doctors perfonning or giving the treatment or procedure, the dates when given
or perfonned and the nature of the treatment, examinations, evaluations and operations
perfonned and the cost of each. '
ANSWER:
IS. State the name and address of each doct'Jr, medical practitioner or health care provider of
any type whatsoever who has examined, evaluated or treated you or from whom you
sought treatment or diagnosis of any injury resulting from the incident for treatment or
diagnosis of any Injury allegedly resulting from the incident, specifying the date of
consultation, the injury for which you consulted, the treatment rendertd and the cost of
sueh examination or treatment. Specify those physicians from whom you are presently
receiving treatment.
ANSWER:
16. When, where and by whom were you Inst exnmined or given medical attention
concerning the injuries received in this incident?
ANSWER:
19. State whether or not you sustained any injuries or had any diseases, defonnity or
impainnent before or alier the date of the incident which in any way affected those parts
of your body which you allege were injured as a result of the incident. Ifso, $tate the
date of the onset of the disease or occurrence of the injury, the nature, duration and extent
of the condition. and any health care provider involved in the treatment of the condition.
ANSWER:
,
,
;...
"
20. If you were employed on the date of the incident and make claim for lost wages or lost
earning capacity, state the basis upon which you intend to compute your lost earnings or
lost earning capacity including dates missed from work, rates of compensation and jobs
you contend you could have performed,
ANSWER:
21. As to each of your alleged damages, including medical expenses, state whether the
expenses incurred have been paid and, if so, the source of payment. (Include duplicate
payments).
ANSWER:
CERTIFICATE OF SERVICE
[, Jack M. Hartman, Esquire, hereby certifY that [ am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, Iirst-clnss postage prepaid, lIS follows:
Fredric D. Rubin, Esquire
Perloff, Rubin & Associates
9637 Bust1elon Avenue
Philadelphia, PA 191 [5
, HARTMAN & MILLER, P,C,
By:
M. Hartman, Esquire
upreme Ct.!.D. #2[902
One Keystone P1llZ1l, Suite [07
Front and Market Streets
Harrisburg, P A 17 [0 [
(717) 232-3046
Dated: /.t:'/30 1ft
f {
,
COpy
JACK MARLIN nnd ELAINE MARLIN,
Husbnnd nnd Wife,
Plnintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
JOHN V. REED,
Defendnnt
NO. 96.1903
.JURY TRIAL DEMANDED
REOUEST FOR PRODUCTION OF DOCUMENTS
TO: Jnck Mnrlin nnd Elnine Mnrlin
cIa Fredric D, Rubin, Esquire
Perl off, Rubin & Associntes
9637 Bustleton Avenue
Philndelphia, PA 19115
Attorney for Plnlntiffs
Pursuant to Pn. R.C,P. No, 4009, ns wnended, Hnrtmnn & Miller, P.C., requests you to
produce copies of the following documents, nt its expense, within thirty (30) dnys of service of
this Request:
INSTRUCTIONS
1. If you object to the production of any document on the grounds that the attorney-
client, attorney work-product or any other privilege is applicable thereto, you sholl, with respect
to that document:
a. State its date:
b, Identify its author;
c. Identify each person who prepared or participated in the preparation of the
documenti
d. Identify each person who received iti
e. Identify each person from whom the document was received;
f. State the present location of the document and all copies thereof;
g. Identify each person who has ever had possession, custody or control of It
or a copy thereof;
h. Provide sufficient information concerning the document and the
circwnstllnces thereof to explain the claim of privilege and to permit the adjudication of the
propriety of that claim: and
i. As referred to herein, "document" includes written, printed, typed,
recorded, or graphic matter, however produced or reproduced, including correspondence,
telegrams, other written communications, data processing storage units, tapes, contracts,
agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports,
surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any
other writing (including copies of any of the foregoing, regardless of whether you are now in
possession, custody, or control of the original) now in your possession, custody, or control, your
'.
. ,
DOCUMENTS REQUESTED
I. All statements, signed statements, transcripts of recorded statements or interviews
of any person or witness relating to, referring to or describing any of the events described in the
Complaint.
2. All expert opinions, reports. summaries or other writings in your custody or
control or your allomey or insurers, which relate to the subject matter of this litigation.
3. AIi documents, correspondence or other drawings, sketches, diagrams, or writings
in your custody or control or your allomey or Insurers, which relate to the subject matter of this
litigation.
4. All documents prepared by you, or by any insurer, representative, ngent, or
anyone acting on your behalf, except your nttomey(s), during the investigation of the incident in
question or any of the events or allegntions described in the Complaint. Such documents shall
include any documents made or prepared up through the present time, with the exclusion of the
menllll impressions, conclusions, or the opinions respecting the value or merit of the clnlm or
defense or respecting strategy or tactics.
S. AIi medical bills paid or alleged to have been paid by you, which relate to the
subject matter of this litigation.
6, All photographs of any item or thing involved in this litigation.
'7. AIi statements as defined within Pa. R.C.P. No, 4003.
8, AIi stntements and/or transcripts oflnterviews of fact witnesses obtained in this
matter,
9. All documents identified in your Answers to any set of Interrogatories
propounded by any party In this litigation,
. ..
..
.
EXHIBIT "en
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HARTMAN & MILLER, P.c. · ATTORNIi.YS_AT LAW
ON~ Kl'ysm",: PI o\Z.\ . S~ITI: ltl7 . Fill '''T M'I' \1,\JlHT SHuns . H,lIl1l1SIl~lll. . P,\ . 17101
Tla.Hlill\i!' (717) ~:\2..10-l'" . FM..:SIMII.I' IiI;") 232':\53H
),~l'~ \1. H,lIlTM,\N
D,wILJ C. \11I1.n<
\1I:ul'>[),\ S. SII' '11'
CllI'WP,G'''i''Il''
Oeeember 13, 1996
Fredric 0, Rubin, Esquire
PerlolT, Rubin & Associates
9637 Bustleton Avenue
Philadelphia, PA 19115
Re: Jack Marlin and Elaine Marlin v. John V, Reed
Cumberland County No, 96-1903
Dear Mr. Rubin:
I om writing in follow-up to my letter doted October 30, 1996, serving Interrogatories and 0
Request for Production of Documents. As I hove heard nothing funher from you in response to that
letter, and hove received no Answers to Interrogatories or response to Request for Production of
Documents, this Is to advise that [will file 0 Motion to Compel ten (10) days from the dote of this letter.
As we do not believe that this case has merit, [ must continue to toke all steps available to mr. to obtain
whatever information you hove on which to file this claim. Thank you for your anticipated cooperation.
Sh?IY, .
Q;t.
JackU;;;man
JMH:slb
cc: Joel Kohl (Claim #0101-7010-5485)
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JACK MARLIN und ELAINE MARLIN,
Husbund und Wife,
Pluinlifl's
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LA W
JOHN V. REED,
Defendunt
NO, lJ6-19113
JURY TRIAl. DEMANDED
CERTIFICATE
1'llEREQUlSITE TO SERVICE OF SU\JI'OENA
l'UltSUANT TO IWLE 41109.22
As u prerequisite 10 service of suhpoenus lor doeumenls und Ihinlls pursuunllo Rule
41109.22, Defendunl. John V. Reed, certifies 111ll1:
(I) u notice oflnlenlto serve Ihe suhpoenu with u copy oflhe suhpoenuulluehed
Iherelo wus muiled or delivered 10 eueh pUrly ulleusl 20 duys prior to Ihe dUle on
whleh the subpoenu is soullht to be served,
(2) u copy of the nollce of Inlenl. Ineludinlllhe proposed subpoenll.ls ulluehed to this
eerlificute,
(3) no ohjection to the suhpoenu hus been received,und
(4) the subpoenn whleh will he served is Identienllo the subpoenu which is ulluchcd
to Ihe notice of Inlcnl to scrve Ihe subpoenu.
IlARTMAN & MILLER, I'.C.
Dute: 1tJ/,;Jo/'i1
By:
Juck . IIUrlmun, lsqulre, 1121902
Amy C. Foerster, Esquire. 1/77986
Onc Keystone I'Iu7.11, Suite 107
Front und Mnrket Streets
llurrlsburll,l'A 17101
Allorneys for Delcndunl
COpy
"
JACK MARLIN anti ELAINE MARLIN.
Husbantl anti Wife.
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANI.....
vs.
CIVIL ACTION - L..... W
JOHN V, REED.
Delcntlant
NO. 96-1903
JURY TRI.....L DEivl.....NDED
NOTICE OF INTENT TO SERVE A SUDlJOENA
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE -IIHll>.21
HARTMAN & MILLER. P,C,
Jolm V. Reetl intends to serve a Subpoena identical to the one that is attachetlto this
Notice, You have twenty (20) days trom the date Iistetl below in which to lile of record and
serve upon the undersigned an objection to the Subpoena. If no objection is matle, the Subpoenn
may be served.
By: {/!II{ C. frxysk r
Amy C, Foerster, Esquire
Supreme Ct. I.D, #77986
One Keystone Plaza. Suite 107
Front and Market Streets
Harrisburg, PA 17101
(717) 232-3046
Dated: C;/30/Cf?
CERTIFICATE OF SERVWE
l. Amy C. Foerster. Esquire. hereby certil'y that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated bdow. which service
satisties the requirements of the Pennsylvania Rules Ill' Civil Procedure. by depositing a copy of
same in the United States mail. tirst-c1ass postage prepaid. us follows:
Fredric D. Rubin. Esquire
I'erlofl: Rubin & Asslldates
9637 Bustletun A venue
Philadelphia. P A 19 I 15
HARTMAN & MILLER. P.C.
Outed: q I f:.()/ 'f. 7
By: A~ F~rs~':::-
One Keystone Plnzn. Suite 107
Front and Market Streets
Harrisburg. P A 17101
(717) :!32.3046
Cl""{''lomlWEl'lL'11t Ot' PENNS'tLVIINIA
CQ(Jm'Y OF CUMIlERUIND
Jack Marlin and Elaine Marlin, husband and wife,
Plaintiffs
v.
Fi Ie No.
96-1903
John V. Reed,
Defendant
SU8PC€NA TO PRCO.o;: PCClM:NTS OR TH I NGS
FOR 0 I SQ)VERY PURSUANT TO R1l!,J; 400~
TO:
Jeffrey Kolm, H.D.
(Name of Person or Entity)
Within twenty (20) days after service of th is slJbpoena, you are ordered by the court to
produce the following documents or things: A copy of any and all records relating to
t e care and treatme~~n~f~aintiff' Jack Marlin, including cut not limited to, office
a t entrtes~t~~ sao~~. rnrr~spnnd~nr~. mPmnr~n~ l~hnr~~nry r~pnr~~.
~9~P a sc r edsummar e, onsu ta ons nd c iptions. In lieu of personal
~aranoe a tra c
at Hartman & Miller, P.C., One Keystone Plaza, Suite 107, Front and Market Streets,
Harrisburg, PA 17101 -
(Address)
You may deliver or mail legible copies of the documents or produce things reQuesten hI
this SUbpoena, together with the certificate of carpliance, to the party making thir
request at the address listed above. You have the right to seek in advance the rellsorabh
cost of preoaring the ccpies or Pl'cducing the things so~ght.
If ycu fail to produce the documents or things required by this subpoena within tw~nt,
(20) days after its serv~~e, the party ~erving this 5ubpoe~a may seek a court crop.r
CCIl)tlll ing you to carply with it.
TELEPHONE: (717) 232-3046
SUPR~ cx:un 10" 21902
ATTCflNEY FOR: John V. Reed, Defendant
BY Tl:iE COJRT:
(I "'I ~
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lerk, CiVl1 Oivislcn
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DATE: "J QI. L -:.l !L.!.19 '7
Stlil of thtl ~~rt jf-----
Ceput.(
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(Eff. ;/57)
,,_M_
Cmrl'lFICATE OF SERVICE
I, Amy C. Foerster. Esquire, hereby ccrtify thnlI nm this dny serving n copy of the
foregoing documcnt upon the person(s) nnd in the mnnncr indicnted below, which service
sntislies the requircments of the Pennsylvnnin Rules of CivilProccdure. by depositing n copy of
snme in the United Stnles mnil. Iirst-e1nss poslnge prepnid, ns follows:
Frcdric D. Rubin, Esquire
Pcrlotl: Rubin & Associntes
9637 BUsllclon Avenue
Philndelphin, PA 19115
IIARTMAN & MILLER, P.C.
Dnted: /o/fJO/Q1
l3y:
~/~~-~r
'Am C. Foerster. 'squire
Supreme CI. 1.0, #77986
One Keystone Plnza, Suite 107
Fronl nnd Mnrkel Strcets
IInrrisburg,PA 17101
(717) 232-3046
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IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JACK ~IARLlN uud
ELAINE r-.'IARLlN. hushuud und wifc.
Pluinlills,
Civil Action - Luw
\'S.
No, 96-1903 CIVIL TERM
JOliN V. REED.
Dcl~ndllnt.
JURY TRIAL DEMANDED
I'RAEt'II'I' H)R ENTRY OF APPEARANCE PURSlJANTTO Pa,R,C,P. 1012
TO TilE I'IWTIIONOTARY:
Kindly cnlcr thc uppcarnncc of Rohert A, Lennan, Esquire, of Griffith, Strickler, Lennan,
SolYl11l1s &. Culkins, us nllorneys for the defendant, in the above-captioned mailer and murk the
dockclllccurdingly.
GRIFFITH, ;~RICKLER, LERMAN,
~O~l'MOS & CALKINS ,
( r(1\-
BY
Robert A. Lennan
Supreme Court ID No. 07490
Allomey for the Defendant
] I \l South Northern Way
York. PA ]7402
Telephone: (717) 757-7602
Dllte: I'chrullry II. 11)1)<)
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IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JACK MARLIN und
ELAINE MARLIN, hushnnd nnd wife,
Plninlil'fs,
Civil Action - Law
V!oj.
No. 96-1903 CIVIL TERM
JOliN V, REED,
Del'endnllt.
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO TilE PROTIIONOTARY:
Kindly withdrnw the appearance of Jaek M. Hnrtmnn, Esquire, and Hnrtmnn & Miller, P.C.
as nlloll1ey for the Del'endnnt, John V. Reed, in the above-entitled mailer and mark the docket
accordingly.
HARTMAN & MILLER, P.C.
Dnte: 2:-/~!/-
BY '(..-~
Jnc~ . Hnrtman, Esquire
AIt mey for the Defcndant
One Keystone Plaza, Suite 107
Front and Market Streets
Harrisburg, PA 17101
Telephone: (717) 232-3046
CElrrlFICATE OF SERVICE
'1/' l-
AND NOW. thisL\:2. duy of Februury, 1999,1, Robert A. Lemmn, n member of the linn of
GRI 1'1'1'1'11, STRICK LER, LERMAN, SOL YMOS & CALKINS, hereby certify thutl hnve this dnte
served II cupy oflhe Prnecipe for Entry of Appenrnnce by United Stntes Mnil, nddressed to the pnrty
or IIthll'lIey of record liS filllolYs:
Fredric D, Rubin, Esquire
Perloll', Rubin & Assoclntes
9637 Bustleton Avenue
Philndelphin, PA 19115
(Counsel for the Plnintiffs)
Robert A. Lermnn, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
110 South Northern Wny
York, PA 17402-3737
(Counsel for the Defendnnt)
HARTMAN & MILLER, P.C.
BY ~
Jnek Hnrtmnn, Esquire
Allohiey for the Defendnnt
One Keystone PInz.1, Suite 107
Front nnd Mnrket Streets
Hnrrisburg, PA 17101
Telephone: (717) 232-3046
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JACK MARLIN and
ELAINE MARLIN, husbnnd nnd wife,
Plnintiffs,
Civil Action. Lnw
vs.
No, 96-1903 CIVIL TERM
JOHN V. REED,
Defendant.
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND TIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Robert A. Lennnn, Esquire, counsel for Defendnnt, intends to serve subpoenns identicnlto
the ones thnt are nttnched to this notice. You hnve twenty (20) dnys from th/1 dnte listed below in
which to file of record nnd serve upon the undersigned nn objection to the subpoenns. Ifno objection
is mnde, the subpoenns mny be served.
BY
L1
R ~ert A. Lernmn I
Supreme CourtlD No, 07490
Attorney for the Defendant
110 South Northern Wny
York, PA 17402
Telephone: (717) 757-7602
Dnte: _L( I) (p ( q1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JACK MARLIN and
ELAINE MARLIN, husband and wife,
Plaintiffs,
Civil Action. law
vs,
No, 96.1903 CIVIL TERM
JURY TRIAL DEMANDED
JOHN V, REED,
Defendant.
mH3POENA TO PRODUCE DOCUM.!;NTS OR WINGS
fOR DISCOVEBY PURSUANT TO RULE 4009,22
To: Nationwide Insurance Comoanv. 1000 Nationwide Drive, Harrlsbura, PA
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following
documents or things:
Any and all records pertaining the property damage claims Including but not limited to
photographs of the vehicles Involved, repair Invoices and estimates In your first party
benefits file related to a motor vehicle accident which occurred on May 12, 1994, Involving
Jack Marlin In the parking lot of tha Holiday Inn In Mechanlcsburg, PA. The Insured would
be Jack and Elaine Marlin. The claimant would be Jack Marlin, Date of Birth: 12/30/46,
at Griffith, Strickler, lerman, Solvmos & Calklns,110 South Northern Wav, York, PA 17402-3737
(Address)
You may deliver or mall legible copies of the documents or produce things requested by this Subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, In
advance, the reasonable cost of praparing tha copies or producing the things sought.
If you fall to produce the documents or things required by this Subpoena, within twenty (20) days after Its service, the party
sarvlng this Subpoena may seek a Court Order compelling you to comply with It.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON:
NAME:
ADDRESS:
TELEPHONE:
SUPREME COURT 10:
ATTORNEY FOR:
Robert A, lerman, ESQ,
GRIFFITH, STRICKLER. LERMAN, SOL YMOS & CALKINS
110 South Northern Wav. York, PA 17402
/7171757-7602
07490
Defendant
BY THE COURT:
DATE:
Seal of Court
Prothonotary / Clerk, Civil Division
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA
JACK MARLIN and
ELAINE MARLIN, husband and wife,
Plaintiffs,
Civil Action - Law
vs.
No. 96-1903 CIVIL TERM
JOHN V. REED,
Defendant.
JURY TRIAL DEMANDED
F
AND NOW, this 2~ ~ay of
, 1998, I, Robert A. Lennan, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have
this date served a copy of NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 by United
States Mall, addressed to the party or attorney of record as follows:
Fredric D. Rubin, Esquire
Perloff, Rubin & Associates
9637 Bustleton Avenue
Philadelphia, P A 19 15
BY
H'Cd
hert A. Lerman
upreme Court ID No, 07 90
Attorney for the Defendant
110 South Northern Way
York,PA 17402
Telephone: (717) 757-7602
klr/reed,nol.z
.... ....
PRAECIPE FOR LISTING CASE FOR TRIAL
(~Jst be typewritten and submitted in duplicate)
'lO 'IllE plOlllOtOl'ARY OF ClIolBERIAMl COlJlIIl'Y
Please list the following casel
(Check one)
X) for JURY trial at the next term of civil court.
for trial witoout a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption RUst be stated in full)
(check one) [.1' .'
;.... "'1
( X) Civil Actiotii ~ 1...6\</J
>.l I
lIppeal froot~it~~tion.
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.':1"1
JACK HARLIN and
ELAINE HARLIN. husband and wife,
(Plaintiff)
(otllet) .
..
:.} ..J : ~ I
.. .
vs.
JOHN V. REED
The trial list will be called on
'#.. April 3. 2001
(Defendant)
Trials commence on April 30, 2001
Pretrials will be held on April II. 2001
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
vs.
No. 190)
Civil I.aw
19 96
Indicate the attorney who will try case for the party woo files this praecipe I
Robert A. Lerman. Esquire (or the Defendant
Indicate trial counsel for other parties if knO\llllI Fredric D. Rubin. Esquire
for the Plaintiffs
This case is ready for trial.
Signed I
Print NaJreI
Hobert A. Le man. Esquire
Datel
z/~/ol
Attorney fori llefendGnt. .John V. Heed
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
JACK MARLIN and
ELAINE MARLIN. husband and wife,
Plainli1Ts.
Civil Action. Law
vs,
No. 96.1903 CIVIL TERM
JOHN V. REED,
Defendant.
JURY TRIAL DEMANDED
PltAEClI'E
TO: PROTHONOTARY
Please mark the docket in the above captioned matter settled and satisfied with prejudice.
LA W OFFICES OF MARVIN LU DY, LLP
Date:
BY:
Fr dric Rubin, Esquire
Attorney for Plaintiffs
Suprcme Court ID No.
1635 Market Street, 19'h Floor
Philadelphia, PA 19\03
(215) 561-1900
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