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HomeMy WebLinkAbout07-090714 BOYD SPENCER, ESQUIRE (610) 277-4700 FAX 277-4888 2100 Swede Road Attorney for Plaintiff(s) Norristown, PA 19401-1745 Id. No. 28400 Samuel Silvis, a minor, by Guardian, Debra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Silvis, 340 Pine Grove Road Civii Action - Law Gardners PA 17324-8947 Plaintiff, 907 C 1 U 6?? versus Cheryl Greenwald 161 Beetam Hollow Road Newville, PA 17241-9531 Defendant. NOTICE TO DEFEND NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 COMPLAINT 1. Minor plaintiff, Samuel Silvis, is an individual, citizen, and resident of the Com- monwealth of Pennsylvania, residing with his parents, Debra and Max Silvis, therein at 340 Pine Grove Road, Gardners, Pennsylvania 17324. 2. Guardian, Debra Silvis, an individual, citizen, and resident of the Commonwealth of Pennsylvania is the mother of Plaintiff, Samuel Silvis, and resides therein at 340 Pine Grove Road, Gardners, Pennsylvania 17324. 3. Defendant, Cheryl Greenwald, is an individual, citizen and resident of the Commonwealth of Pennsylvania, residing therein at 161 Beetam Hollow Road, Newville, Pennsylvania 17241-9531. 407. 10:19am -1- BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 4. All paragraphs of this complaint are incorporated by reference into all counts of this complaint, as if set out in full. COUNT I, NEGLIGENCE - 5. On July 28, 2004, Plaintiff, Samuel Silvis was the passenger on his father, Max Silvis' motorcycle at Holly Pike (SR 34) and Pine Road, Carlisle, Cumberland County, Pennsylvania. 6. Concurrently, Defendant, Cheryl Greenwald, was operating an automobile, eastbound on Pine Road, Carlisle, Cumberland County, Pennsylvania. 7. The automobile operated by Defendant, Cheryl Greenwald struck and injured Plaintiff, Samuel Silvis. 8. Defendant, Cheryl Greenwald, was negligent, and careless, in that she: a. Made a left turn onto Route 34 northbound into the path of Plaintiff's motorcycle, without yielding the right of way to southbound traffic, striking Plaintiff's vehicle; b. Operated her motor vehicle at an excessive speed under the circum- stances; c. Failed to keep a proper lookout; d. Failed to have her motor vehicle under proper and adequate control as the situation warranted; e. Failed to regard the point, position and safety of Plaintiff; f. Violated 75 Pa.C.S.A. §3322 regarding the operation of a motor vehicle upon the public highway. 9. The negligence of the Defendant was the factual cause of the damage and injuries to Plaintiff, Samuel Silvis, which are more fully described below. COUNT II, DAMAGES, Samuel Silvis 10. Plaintiff, Samuel Silvis, has suffered post-traumatic stress disorder, multiple contusions and abrasions, gash in left leg; shock and injuries to his muscles, tendons, ligaments, tissues, bones, discs, connecting tissues thereto, nerves and nervous system, some or all of which may be continuing and permanent. 02/09/07, 10:19am -2- BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 11. Further damages include expenditure by Plaintiff of various sums of money for medical treatment and care, drugs and medication, all in an effort to treat and cure himself of his injuries and ills, some or all of which may be continuing and permanent. 12. Further damages include anxiety, nervous tension, physical and mental pain and suffering, some or all of which may be continuing and permanent. 13. Further damages include a loss and diminution of earnings and earning potential, some or all of which may be continuing and permanent. WHEREFORE, Plaintiff, Samuel Silvis, claims compensatory damages from Defendant in an amount not in excess of the arbitration limit, 42 Pa.C.S.A. §7361(b)(2), plus interest, attorney fees and costs. DATED: February 9, 2007 Spencer } a a U LU w Z_ Q J a O U LL M m 0 E 0 O N 02109/07, 10:19am Attorney for Plaintiff (s), Samuel Silvis -3- BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 VERIFICATION AND CERTIFICATION I, Debra Silvis, guardian for minor Samuel Silvis, hereby state and verify and certify that the statements in the above Plaintiff's Complaint and the attachments thereto, are true and correct to the best of my information, knowledge and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. I am aware that if any of the oing statements made by me are willfully false, I am subject to punishments n 0 n ` /1 J DATED: 12L.29 ? ? ?"M? I 1ii'tY" 4 V / Debra Silvis, Guardian for Samuel Silvis LQ L N a o n TO (jl N - fTt N ?D < BOYD SPENCER, ESQUIRE (610) 277-4700 FAX 277-4888 2100 Swede Road Attorney for Plaintiff(s) Norristown, PA 19401-1745 Id. No. 28400 by Guardian, Debra a minor Samuel Silvis IN THE COURT OF COMMON PLEAS OF , , CUMBERLAND COUNTY , Silvis, 340 Pine Grove Road Civil Action - Law . Gardners PA 17324-8947 Plaintiff, 07-907 Civil Term versus Cheryl Greenwald 161 Beetam Hollow Road Newville, PA 17241-9531. Defendant. PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint. DATED: April 13, 2007 )7, 1:46pm -1- for Plaintiff BOYD SPENCER, ESQUIRE 2100-Swede Road Norristown, PA 19401-1745 -n C? -? ?>>._ ? ? .mot ? y e G? s BOYD SPENCER, ESQUIRE (610) 277-4700 FAX 277-4888 2100 Swede Road Attorney for Plaintiff (s) Norristown, PA 19401-1745 Id. No. 28400 by Guardian, Debra a minor Samuel Silvis IN THE COURT OF COMMON PLEAS OF , , CUMBERLAND COUNTY Silvis, ' 340 Pine Grove Road Civil Action - Law Gardners PA 17324-8947 Plaintiff, 07-907 Civil Term versus Cheryl Greenwald 161 Beetam Hollow Road Newville, PA 17241-9531 Defendant. AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO R.40 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) Boyd Spencer, Esquire being duly sworn, upon oath, deposes and says as follows: 1. 1 am the attorney for Plaintiff, Samuel Silvis in the above entitled action. On February 16, 2007 1 filed with the Cumberland-County Coin of Common Pleas a Civil Complaint in the above-captioned matter. This civil complaint was thereafter reinstated on April 16, 2007 after one failed service attempt. A copy of this Civil Complaint is attached hereto as Exhibit A. 2. 1 further depose and say that on April 18, 2007 it caused to be transmitted, by a form of mail requiring a restricted delivery and signed) receipt, a copy of the Civil Complaint filed in this action to the following: Cheryl Greenwald, 208 South Harbor Watch Drive, Statesville, NC 28677-2500. A copy ofl my transmittal letter is attached hereto as Exhibit B. 3. 1 further depose and say I thereafter received from he Postmaster of Hickory, North Carolina on May 2, 2007 a return receipt bearing he notation of April 30, 2007, and the signature of Defendant, Cheryl Greenwald representing proper service pursuant to R.403. The official return receipt is attached hereto as Exhibit C. DATED: May 2, 2007 VQ7, 1:57pm Boyd 1$jgncer, ?ttorney for Plaintiff - 1 - BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 VERIFICATION AND CERTIFICATION I, Boyd Spencer, hereby state and verify and certify that the statements in the above Affidavit of Service and the attachments thereto, fare true and correct to the best of my information, knowledge and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorit' I -m aware that if any of the foregoing statements made by me are willful s am subject do punishment. DATED: B S cer, Esq. EXHIBIT A BOYD SPENCER. ESQUIRE (610) 277-4700 FAX 277-4888 2100 Swede Road Attor ey for Plaintiff(s) Norristown, PA 19401-1745 Id. No. 28400 Samuel Silvis, a minor, by Guardian, Debra IN THE COURT OF COMMON PLEAS OF Silvis, CUMBERLAND COU 340 Pine Grove Road Civil Action - Law Gardners PA 17324-8947 Plaintiff, ??, _ QOry i V? l/ versus Cheryl Greenwald 161 Beetam Hollow Road Newville, PA 17241-9531 Defendant. NOTICE TO DEFEND NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following action within twenty (20) days after this complaint and notice are served. by entering a written app by attorney and filing in writing with the court your defenses or objections to the claims set forth i warned that if you fail to do so the case may proceed without you and a judgment may entered ago without further notice for any money claimed in the complaint or for any other claim or relief requi You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A Li AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU LAWYER REFERRAL SERVICE Cumberland County Bar Assoolation 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 is, you must take nee personally or 1st you. You are you by the court d by(Z.?e plqijoiff. C? o° MR CANNOT Ift' HELR -Z ^"1 'tr :n COMPLAINT 1. Minor plaintiff, Samuel Silvis, is an individual, citizen, and resident of the Com- monwealth of Pennsylvania, residing with his parents, Debra and Max Silvis, therein at 340 Pine Grove Road, Gardners, Pennsylvania 17324. 2. Guardian, Debra Silvis, an individual, citizen, and resident of the of Pennsylvania is the mother of Plaintiff, Samuel Silvis, and resides therein at Road, Gardners, Pennsylvania 17324. 3. Defendant, Cheryl Greenwald, is an individual, citizen and Commonwealth of Pennsylvania, residing therein at 161 Beetam Hollow Pennsylvania 17241-9531. ,j r .., 1/07, ', 0.19em A -9 rftp'K740_? Pine Grove of the Newville, BOYD SPENCER, ESaUIRE 2110 Swede Road Norristown, PA 19401-1745 4. All paragraphs of this complaint are incorporated by reference into', all counts of this complaint, as if set out in full. COUNT I, NEGLIGENCE; 5. On July 28, 2004, Plaintiff, Samuel Silvis was the passenger on? his father, Max Silvis' motorcycle at Holly Pike (SR 34) and Pine Road, Carlisle, Cumberland County, Pennsylvania. 6. Concurrently, Defendant, Cheryl Greenwald, was operating I an automobile, eastbound on Pine Road, Carlisle, Cumberland County, Pennsylvania. 7. The automobile operated by Defendant, Cheryl Greenwald struck and injured Plaintiff, Samuel Silvis. 8. Defendant, Cheryl Greenwald, was negligent, and careless, in that she: a. Made a left turn onto Route 34 northbound into the path of Plaintiff's motorcycle, without yielding the right of way to southbound traffic, staking Plaintiff's vehicle; b. Operated her motor vehicle at an excessive speed under the circum- stances; c. Failed to keep a proper lookout; d. Failed to have her motor vehicle under proper and adequate control as the situation warranted; e. Failed to regard the point, position and safety of Plaintiff; f. Violated 75 Pa.C.S.A. §3322 regarding the operation of motor vehicle upon the public highway. 9. The negligence of the Defendant was the factual cause of the damage and injuries to Plaintiff, Samuel Silvis, which are more fully described below. COUNT II, DAMAGES, Samuel Silvis 10. Plaintiff, Samuel Silvis, has suffered post-traumatic stress disorder, multiple contusions and abrasions, gash in left leg; shock and injuries to his muscles, tendopns, ligaments, tissues, bones, discs, connecting tissues thereto, nerves and nervous system, which may be continuing and permanent. 09W, 10:19am -2- or all of BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 11. Further damages include expenditure by Plaintiff of various sums of money for medical treatment and care, drugs and medication, all in an effort to treat and cure himself of his injuries and ills, some or all of which may be continuing and permanent. 12. Further damages include anxiety, nervous tension, physical and mental pain and suffering, some or all of which may be continuing and permanent. 13. Further damages include a loss and diminution of earnings and earning potential, some or all of which may be continuing and permanent. WHEREFORE, Plaintiff, Samuel Silvis, claims compensatory damages from Defendant in an amount not in excess of the arbitration limit, 42 Pa.C.S.A. §7361(b)(21,,, plus interest, attorney fees and costs. DATED: February 9, 2007 s Bo S ence 39107, 10:19am Pct Q Spencer Attorney for Plaintiff (s), Samuel Silvis -3- BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 VERIFICATION AND CERTIFICATION I, Debra Silvis, guardian for minor Samuel .Silvis, he verify and certify that the statements in the above Plaintiff's Co attachments thereto, are true and correct to the best of m knowledge and belief. I understand that the statements therein a: to the penalties of 18 Pa.C.S. § 4904 relating to unsworn fa authorities. I am aware teat if any of the Moing statements willfully false, I am subject to punishment DATEL : ?_ i-- n PJPA J 116 by state and laint and the information, made subject ification to ide by me are e1J7x& Debra Silvis, Guardian for!Samuel Silvi EXHIBIT B { BOYD - SPENCER: Associates Attorneys at Law in Pennsylvania and New Jersey E Vote-:. 2100 Swede Road : 610.277.4700 FAX 610.277.4P88 Mail, E-Mail Norristown, PA 19401-1745 E-mail BikerAtLaw d BoydSpenc r.US s April 19, 2007 . SERVICE OF PAPERS BY EMAIL REQUIRES iR.I:CI=IPT OR REPLY. Attorney Steven °. Icmett e Ext. 13 Cheryl Greenwald E-Mail KnwnO 208 S. Harbor Watch Drive SoydSperuer.US Statesville, N.C. 28677-2500. Attorney Boyd Spencer' Ext. 18 ¢ E-Mail Boyd@ BoydSpencer.US RE: Silvis v. Greenwald Admitted .E 44A17 07 D k PA° NJ' oc et Civil Term > Via First Class and Certified' Mail Dear Ms. Greenwald: " Please find enclosed a civil complaint that has been filed against you in the Cumberland f County Court of Common Pleas in Pennsylvania, regarding your motor vehicle accident of July 28, 2004. Additionally; please find enclosed an acceptance of service form w ich we .ask . that you sign and return to us in the enclosed envelope. Thank you for your anticipated cooperation. Very truly yours Boyd Spencer a E c? 0 r` 0 Cheryl Greenwald 11 2007 Apr 19 am 10:33 FILE COPY::::::::::::*-:?:;: X007 Apr 19 am 10.3 EXHIBIT C i tr - - r-;i 1 (Domestic Mail Only; No Ins urance Coverage Provided) M ---1 F d li i f ti i it b i r or e very n orma on v s ou r we s te at wwwuspsxom?, 7- m Postage $ M Certified Fee r3 C3 Return Receipt Fee Postmark O (Endorsement Required) Here R,etricted Delivery Fee 0 (Endorsement Required) - ru rU Total Postage & Fees $ -p nt To O a p ------------------------- `Woo A pt iVo. ------------.....----------------------------- M1 oPO Box No. City, State, ZIP+4 ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A ? (Pt[nted Name) .Date of D. Is delivery`9ddress different from Item 11 H YES, enter delivery address below:/ aer j I cm wc41d 3. Service Type L r? ¦ Certified Mail 0 Express Mail ?`T ?,t ??r11 I I I? ?) (? ?l(p ( 0 Registered 0 Return Receipt for MerdmWiso ?l \ Y l IV v V t ? Insured Mail ? C.O.D. ?v 4. PmUtted Delivery? Pft Fee) ? Ybs 2. Article Number 7006 2760 0003 3757 1312 (rmnsA3r from service k PS Form 3811, February 2004 Domestic Return Reoelpt 102595-02-M-1840 1. Article Addressed to: C-7 czz C-M a r -(DI t! G I/ 100 ORIGINAL SAMUEL SILVIS, a Minor, by IN THE COURT OF COMMON PLEAS OF Guardian, DEBRA SILVIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 07-907 Civil Term CHERYL GREENWALD, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Cheryl Greenwald, with respect to the above-referenced matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & G9&GIN DATE: BY: DOYAPO L. CARMELITE, ESQUIRE I.D. Mo. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Cheryl Greenwald JAMMIAO ' le* CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ? Oil day of May, 2007, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 SUSAN M. WILLIAMS C? ? Q ?_ _ -" ...? .. Ti ,,,_. ?? r '- _,._ -, ' "t:7 z 4 ? ? .. ?..^e.? _ _ ? ? ? • _ ? 14.+ ? ORIGINAL SAMUEL SILVIS, a Minor, by IN THE COURT OF COMMON PLEAS OF Guardian, DEBRA SILVIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. NO. 07-907 Civil Term CHERYL GREENWALD, : Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Samuel Silvis, a Minor, by Guardian, Debra Silvis, Plaintiffs c/o Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GO BY: DONXLD L. CAI(MELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Cheryl Greenwald JAVI@IflO SAMUEL SILVIS, a Minor, by Guardian, DEBRA SILVIS, V. CHERYL GREENWALD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : : CIVIL ACTION - LAW Defendant NO. 07-907 Civil Term JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, CHERYL GREENWALD, TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant, Cheryl Greenwald, by and through her counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs' Complaint and in support thereof states as follows: 1. Admitted in part; denied in part. It is admitted that Minor Plaintiff is who he says he is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Guardian is who she says she is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 3. Admitted in part; denied in part. It is admitted that Cheryl Greenwald is a Defendant. The remaining averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 4. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. COUNT I, NEGLIGENCE Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 6. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 8.a. - f. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 2 COUNT II, DAMAGES, Samuel Silvis 10. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 12. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 3 13. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. By way of further answer, the averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Cheryl Greenwald, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. NEW MATTER 14. Plaintiff has failed to state a cause of action against Defendant upon which relief can be granted. 15. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 17. Any and all injuries and or damages as described by Plaintiffs in their Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 4 18. Plaintiffs claims are derivative in nature and are barred as a matter of law. 19. Defendant breached no duty of care owed to Plaintiff under the circumstances. 20. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 21. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 22. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 23. Plaintiffs claims are barred by the defenses listed in Pa.R.C.P. 1030. WHEREFORE, Defendant, Cheryl Greenwald, respectfully requests judgment in her favor and against the Plaintiffs, together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ?? g ?I, , 0/7 BY: Qf LD L. CARMELITE, ESQUIRE I. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Cheryl Greenwald 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: DATE: I?It7 --Lm CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of May, 2007, I served a true and correct copy of the Answer with New Matter of Defendant, Cheryl Greenwald, to Plaintiffs' Complaint, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 _AA? SUSAN M. WILLIAMS BOYD SPENCER, ESQUIRE 2100 Swede Road Attorney for Plaintiff (610) 277-4700 FAX 277-4888 Norristown, PA 19401-1745 Id. No. 28400 a minor by Guardian DebraPlgats Samuel Silvis IN THE COURT OF COMMON PLEAS , OF CUMBERLAND COUNTY versus Cheryl Greenwald Defendant. NO. 07-907 PLAINTIFFS' ANSWER TO DEFENDANT, CHERYL GREENWALD'S NEW MATTER And now comes the Plaintiff, Samuel Silvis, by their attorney Boyd Spencer, Esquire to answer the Defendant's New Matter as follows: 14. Denied. The allegations of Paragraph 14 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 15. Denied. The allegations of Paragraph 15 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 16. Denied. The allegations of Paragraph 16 of Defendants' New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 17. Denied. The allegations of Paragraph 17 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 18. Denied. The allegations of Paragraph 18 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 19. Denied. The allegations of Paragraph 19 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 51 20. Denied. The allegations of Paragraph 20 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 21. Denied. The allegations of Paragraph 21 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 22. Denied. The allegations of Paragraph 22 of Defendant's New Matter are conclusions of law to which no answer is required under 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. 23. Denied. The allegations of Paragraph 23 of Defendant's New Matter are conclusions of law to which no answer is required uner 1029 of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all fact alleged in support of these conclusions of law are specifically denied and strict proof is demanded at time of trial. WHEREFORE, Plaintiff, Samuel Silvis demands judgement be entered in his favor against the Defendant, Cheryl Greenwald DATED: May 31, 2007 / dlS ce Boyd Sp cer, Attorney for Plaintiffs Q ? o n ts;' 3:3 -, ? ? ;. C_ ? `: ? ? ? ? .? c? 4 .0? ORIGINAL SAMUEL SILVIS, a Minor, by Guardian, DEBRA SILVIS, Plaintiffs V. CHERYL GREENWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-907 Civil Term JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Cheryl Greenwald, served Interrogatories and Request for Production of Documents addressed to Plaintiffs, Samuel Silvis, a Minor, by Guardian, Debra Silvis, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the day of , 2007. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOCA3R DATE: BY: LLD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Cheryl Greenwald Iw CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this (,;1'k day of June, 2007, I served a true and correct copy of the Notice of Serving Discovery, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 SUSAN M. WILLIAMS d Y !'t f'FZ .... ? `4 ?? - / 1 J ?'. ? ,'. } +, _ '? t ?'S ? ?? ?? ?'? ' rJ C . ' fj ? . C.W ? ?f ?? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00907 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SILVIS SAMUEL ET AL VS GREENWALD CHERYL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GREENWALD CHERYL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT GREENWALD CHERYL 161 BEETAM HOLLOW ROAD NEWVILLE, PA 17241-9531 PER CURRENT RESIDENT, DEFENDANT HAS LIVED IN LAKE NORMAN, NC FOR A YEAR. NOT FOUND , as to Sheriff's Costs: So answe _----? Docketing 18.00 Service 11.52 Not Found 5.00 R. as Kline Surcharge 10.00 Sheriff o ?Cumberland County 00 44.52 BOYD SPENCER & ASSOCIATES 0 03/14/2007 Sworn and Subscribed to before me this day of , A.D. ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 07-907 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 06067031 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/05/07 ATTORNEY FOR DEFENDANT 21237-00463 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS PLAINTIFF/S COURT OF COMMON PLEAS VS. CHERYL GREENWALD NO. 07-907 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: STEVEN R. KMETT, ESQ. BOYD SPENCER & ASSOCIATES 2100 SWEDE RD. NORRISTOWN PA 19401 ATTORNEY(S) FOR PLAINTIFF 06067031 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CARLISLE REGIONAL MEDICAL CENTER DR. THOMAS J. GREEN, M.D. APPLACHIAN ORTHOPEDIC CENTER LTD. GEORGI ANDERSON, LCSW, BCD, RPT-S DATE: 6/08/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT ALI 06067031 12/25/07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS Vs. CHERYL GREENWALD File No. Court of Common Pleas 07-907 SUBPOENA TO PRODUCE DOCU ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT CARLISLE REGIONAL MEDICAL CENTER 361 ALEXANDER SPRING RD. TO: CARLISLE PA 17015-9129 (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ccnpe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : J:(:'6az J/_ ozi5v 7 S 1 of the Court ISSUED ON: 7/05/07 BY THE COURT: Prothonotary/Clerk, Civil Division Day (Eff. 7/97) NO. 07-907 ADDENDUM TO SUBPOENA 06067031 12/25/07 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE RD., GARDNERS, PA, DOB 06110190, SSN 170-72-6109). Jun-06-07 08.09 From-MPUG 717-651-9630 T-829 P.003/003 F-313 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, psychological and/or psychiatric records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, Mills, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Samuel E. Silvis; Date of Birth: 6110/90; Social Security No. 170-72-6109. 1\ 06067031 12/25/07 COMMONWEALTH OF PENNSYLVANIA OOURrY OF CL14BE R AND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. File No. CHERYL GREENWALD Court of Common Pleas 07-907 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. THOMAS J. GREEN, M.D. APPLACHIAN ORTHOPEDIC CENTER LTD. TO: ONE DUNWOODY DR. CARLISLE PA 17013 (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnipliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a avert order impelling you to camp1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE:_ de:?Vz //, "gw7 Seal of the Court ISSUED ON: 7/05/07 BY THE COURT: Prothonotary/ erk, Civil Division Ile- Age& Qtz Deputy (Eff. 7/97) NO. 07-907 ADDENDUM TO SUBPOENA 06067031 12/25/07 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE RD., GARDNERS, PA, DOB 06/10/90, SSN 170-72-6109). ,un-06-C7 C3.02 From-MDWC&G 717-651-9630 T-829 P-003/003 F-313 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, psychological and/or psychiatric records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Samuel E. Silvis; Date of Birth: 6/10/90; Social Security No. 170-72-6109. LV 06067031 12/25/07 COMMONWEALTH OF PENNSYLVANIA COMM OF CLIMB RIAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS Vs.. File No. CHERYL GREENWALD Court of Common Pleas 07-907 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 GEORGI ANDERSON, LCSW, BCD, RPT-S 20 S. BEDFORD ST. TO: CARLISLE PA 17013 (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order canoe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 2 1-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : a44.a //' vzag ?> Seal of the Court ISSUED ON: 7/05/07 BY THE COURT: Prothonotary/clerk, Civil Division ? ?- Deputy - (Eff. 7/97) NO. 07-907 ADDENDUM TO SUBPOENA 06067031 12/25/07 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE RD., GARDNERS, PA, DOB 06/10/90, SSN 170-72-6109). J,n-06;07 OMP From-MDV,'C&G 717-651-9630 T-829 P.003/003 F-313 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, psychological and/or psychiatric records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRIs, GT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Samuel E. Silvis; Date of Birth: 6110/90; Social Security No. 170-72-6109. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this q? day of July, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 SUSAN M. WILLIAMS i;'7 41? p ; Y{ •- 08017002 ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 07-907 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 8/30/07 21237-00463 • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR BY GUARDIAN, DEBRA SILVIS PLAINTIFF/S VS. CHERYL GREENWALD DEFENDANT/S COURT OF COMMON PLEAS NO. 07-907 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I TO: STEVEN R. KMETT, ESQ. BOYD SPENCER & ASSOCIATES 2100 SWEDE RD. NORRISTOWN PA 19401 ATTORNEY(S) FOR PLAINTIFF 08017002 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED IiBELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW ',IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-2411-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. WILLIAM J. PHELAN, M.D. DATE: 8/02/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT 08017002 12/25/07 COi X*MEAVTH OF ?YLVANIA COUNTY OF CLVMERLAND SAMUEL SILVIS, A MINOR BY GUARDIAN, DEBRA SILVIS Court of Common Pleas 07-907 File No. VS. CHERYL GREENWALD TO: I NMS FOR D I SWWRY PURSUANT TO auJ4oD_9 .. 22 CUSTODIAN OF THE RECORDS OF R. WILLIAM 1701HE?' M.D. 2 TYLER COURT CARLIS 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: SEE ATTACHED ADDENDUM atRFrn? COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoe•a may seek a court order eompe l l i rg you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TW FOLLOWING PERSON: NAME.DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241--M8 SUPREME COURT ID # ATTORNEY FORDEFENDANT BY THE COURT: Q (?w A;f Prothonotary/01 c, Civil Division DATE: a 7 se9l of the Court x-?G•1;1?- hO°??? Deputy ISSUED ON: 8/30/07 (Eff . 1/97) NO. 07-907 ADDENDUM TO SUBPOENA 08017002 12/25/07 SAMUEL SILVIS, A MINOR BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREEWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE ROAD, GARDNERS, PA, DOB 06110190, SSN1170-72-6109). Aua-DI-07 0?:24 From-MMUG ( 717-651-9630 T-246 P-003/003 F-428 instructions for MEDICg records: PAGE 2 OF 2 Any and all medical records, Including, but not limited to, psychological and/or psychiatric records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Samuel E. Silvis; Date of Birth: 6110190; Social Security No. 170-72-6109. I, Susan M. Williams, an Coleman & Goggin, do hereby true and correct copy of the with the law firm of Marshall, Dennehey, Warner, that on this -44, day of September, 2007, I served a Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 , a, - U?L.A?L - - SUSAN M. WILLIAMS rt ?? 4 i L +. [; CY 9 1 r a ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 07-907 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 08147060 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 9/13/07 DOr L. CARMEL TE, ESQ. ATTORNEY FOR DEF NDANT 21237-00463 08147060 12/25/07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. PLAINTIFF/S COURT OF COMMON PLEAS CHERYL GREENWALD DEFENDANT/S NO. 07-907 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: STEVEN R. KMETT, ESQ. BOYD SPENCER & ASSOCIATES 2100 SWEDE RD. NORRISTOWN PA 19401 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CARLISLE AREA SCHOOL DISTRICT DATE: 8/15/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT COK43NWFAM OF PENNS'YE.VANIA OOUNrY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS.. File No. CHERYL GREENWALD N 08147060 12/25/07 Court of Common Pleas 07-907 SUBPOENA TO PROMME DOC MWM OR TH i N3S FOR D19OONERY PURSUJWT TO RULE 4409 22 CARLISLE AREA SCHOOL DISTRICT 623 W. PENN ST. TO: CARLISLE PA 17013 (Name of Person or Entity Within twenty (20) days after service of this subpoena, you a'e ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of oa, liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to omp1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 24T-5858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE: -W, ZtY?7 Sea of the Oourt ISSUED ON: 9/13/07 BY THE OOURT: &2Z- Z4!?,' of Prothonotary ark, Civil Division Deputy (Ef f . '7/97) NO. 07-907 ADDENDUM TO SUBPOENA 08147060 12/25/07 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE RD., GARDNERS, PA, DOB 06110190, SSN 170-72-6109). Auk-h4-07 09:09 From-MMUG 717-651-9630 T-377 P.003/003 F-705 PAGE 2 OF 2 structions for ACADEMIC-recorft: Any and all academic records, Including, but of limited to, correspondence, academic flies, memoranda, handwritten note, home schooling records and educational transcripts In your possession, c stody and control concerning Samuel E. Silvis; Date of Birth: 6/10/00; Socia Security No. 170-72-6109. `1-f CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this o * day of September, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 SUSAN M. WILLIAMS fl l , y .. f ? L- -Tl ? ..j i? : +rlt• ORIGINAL 09047014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 07-907 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 10/04/07 21237-00463 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 07-907 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: STEVEN R. KMETT, ESQ. BOYD SPENCER & ASSOCIATES 2100 SWEDE RD. NORRISTOWN PA 19401 ATTORNEY(S) FOR PLAINTIFF 09047014 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. PROGRESSIVE INSURANCE COMPANY CAPITOL BLUE CROSS DATE: 9/06/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT IN 09047014 12/25/07 • rr*A *]WFALTH OF PF3ab'YLVANIA C+ALwy OF CQAEERIAN0 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS File No. Court of Common Pleas 07-907 Vs. CHERYL GREENWALD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 ELMERTON AVE. CAPITOL BLUE CRO?9?63 TO: HARRISBURG PA 110 (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: SEE ATTACHED ADDENDUM at ggcogp COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrtpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ccampe l ling you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : • e ?OD7 Sea of the Court ISSUED ON: 10/4/07-- BY THE COURT: L 'e zdhcc Prothonotary/ erk, Civil Division Deputy (Eff. 1/97) • NO. 07-907 ADDENDUM TO SUBPOENA 09047014 12/25/07 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE ROAD, GARDNERS, PA, DOB 06110190, SSN 170-72-6109). Sep-04-07 09:18 From-MMUG 717-651-9630 T-492 P.005/005 F-075 • PAGE 4OF4 Instructions for Capital BlueCross records: A complete copy of any and all records In your possession concerning the insurance policy file regarding Policy No. PE13169442964; Group No. PEB361 (Insured: Debra A. Silvis), regarding any payments made or benefits provided to Samuel E. Silvis, including the production of any and all documentation, correspondence, payouts, medical records, medical bills, memoranda, photographs, reports, etc. pertaining to motor vehicle accidents that occurred on 7/28104 and 10/25/05 involving Samuel E. Silvis. 114 09047014 12/25/07 • COM40t]WFAI,TH OF PENNSYLVANIA OOUNTY OF (LAPLAND SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS Vs. File No. CHERYL GREENWALD Court of Common Pleas 07-907 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PROGRESSIVE INSURANCE COMPANY P.O. BOX 6807 TO: CLEVELAND OH 44101 (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: SEE ATTACHED ADDENDUM at RRCORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ccmpe l l i rug you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : 1a. .?& 7 Seald'of the Court ISSUED ON: 10/4/07 BY TFE COURT: /sV .? zil? Prothonotary/ erk, Civil Division 442 Deputy (Ef f . -1/97) N0. 07-907 ADDENDUM TO SUBPOENA 09047014 12/25/07 SAMUEL SILVIS, A MINOR, BY GUARDIAN, DEBRA SILVIS VS. CHERYL GREENWALD SEE ATTACHED ADDENDUM PERTAINING TO SAMUEL E. SILVIS (340 PINE GROVE ROAD, GARDNERS, PA, DOB 06/10/90, SSN 170-72-6109). Sep-04-07 09:18 From-MDWC&G 717-651-9630 T-492 P.003/006 F-075 Page 2 of 4 Instructions for Progressive Insurance records: Any and all records in your possession, custody or control, including, but not limited to, Insurance policies, investigative materials, photographs, medical records, reports and/or opinions, medical invoices and/or bills, together with amounts paid by Progressive Casualty Insurance Company on behalf of Samuel E. Silvis for any and all medical expenses incurred as a result of any and all motor vehicle accidents, including accidents that occurred on 7/28/04 and 10/25/05. (Insured., Max Silvis, Jr.; Policy No. 00483365-9). J CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this b-4 Y\ day of October, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 ??? K, ?)' S SAN M. WILLIAMS ? N cv' -._., -r' ? '' ?r ?..7 ?'tl'T--? --i ' L? C .? -? ? ? ' _..r . ?? ?? ,? _"G " 4 ORIGINAL SAMUEL SILVIS, a Minor, by IN THE COURT OF COMMON PLEAS OF Guardian, DEBRA SILVIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 07-907 Civil Term CHERYL GREENWALD, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Cheryl Greenwald, with respect to the above-referenced matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: I?klpg BY: PHEN J. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorney for Defendant Cheryl Greenwald r• CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this _? day of January, 2008, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 SUSAN M. WILLIAMS ?? ?'> Cw? _? ?- ?"? .Y .? t ',i? ? ? y..p ?'"- y •? {?°n ? "i MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00463 Attorney for Defendant SAMUEL SILVIS, a Minor, by : IN THE COURT OF COMMON PLEAS OF Guardian, DEBRA SILVIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 07-907 Civil Term CHERYL GREENWALD, Defendant JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendant, Cheryl Greenwald, in the above-captioned case. MARSHALL DENNEHEY WARNFjM_0_)LE3L4,X?,& GOGGIN By: Do ld Carmelite squire Attey for Defend t 4200 Crums Mill R ad, Suite B Harrisburg, PA 17112 (717) 651-3504 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Defendant, Cheryl Greenwald, in the above-captioned case. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: I Barcavage, Esquire for Defendant I.D. 78867 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Dated: January 18, 2008 `= T4 ?5 .5 ro e5 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00463 Attorney for Defendant SAMUEL SILVIS, a Minor, by IN THE COURT OF COMMON PLEAS OF Guardian, DEBRA SILVIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 07-907 Civil Term CHERYL GREENWALD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephen J. Barcavage, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 28, 2008, served a copy of the Withdrawal of Appearance and Entry of Appearance, via First Class United States mail, postage prepaid as follows: Steven R. Kmett, Esquire BOYD SPENCER & ASSOCIATES 2100 Swede Road Norristown, PA 19401-1745 ephen J. Barcavage ?ri 6.. ?` c? ???. ? ? . G?"R. ? ?? ? : ? ?' :.- MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 21237-00463 Attorney for Defendant SAMUEL SILVIS, a Minor, by Guardian, DEBRA SILVIS, V. CHERYL GREENWALD, Plaintiffs IN THE COURT OF COMMON YLtAN ur CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-907 Civil Term Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. BOYD SPENCER & ASSOCIATES By: teven R. Kmett, squire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff r - ,.,? ] .. ?? _.; t e t .a t..-.: