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Home My WebLink About02-6100 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ();;2 - {,.JDt) Civil Action - (XX) law ( ) Equity JURY TRIAL DEMANDED G~~L'j-~~ SUSAN M. BRODBECK 3810 Cedar Avenue Camp Hill, PA 17011 DAVID CHARLES MillER, JR. 340 Meadow Trail Dillsburg, PA 17019 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Hennina, Esauire 1300 Linalestown Road Harrisbura, PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney Date: December 20, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PlAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. /) . ~ (~AA-/;;; ) 1::._ Prothonotary Date:.=J].s.c..E:rYlbeJ? ~/;;:'>~ '-.....by L{2,a-",o P. ~..f.4<'V~/~ eputy ( ) Check here if reverse is used for additional information 1 ROTHON. - 55 (:] ~ , 8 Ti ~ . .Cr) ",) () - -- - w ~ O. ~ . , RJ " ~ -l:: '.) ..() <,,"/ -c:~ ~ SUSAN M. B~ODBECK, I Plaintiff I i Iv. DAVID CH$ES MILLER, JR., I Defendant I : IN THE COURT OF COMMON PLEAS : CUMBERLAND, PENNSYL VANIA : NO.02-6100 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED I I PRAECIPE TO THE PRdTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: i Plea$. reinstate/re-issue the Writ of Sununons in the above referenced matter. Please inst ct the Sheriff to make service upon David Charles Miller, Jr., at 1101 Lindham Co , Apartment 109, Mechanicsburg, Pennsylvania, 17055. I HANDLE:R, HENNING & ROSENBERG W. Scott He LD. No. 32298 1300 Linulestown Road HarrisbUlrg, P A 17110 (717) 238-2000 Date: l- ~r-.Q.CXJ~ ~' Attorney for Plaintiff ~ c::> 0 W .1 c..... r );JIO ....,1 % 11"'" ::I:J N '~~l r~ ~ N .uy k- 'JG :c::CJ ~ ~I~ -H ~8 ~B - c5ff1 5>c - .. rl ~ ~ (J'l ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-06100 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRODBECK SUSAN M VS MILLER DAVID CHARLES JR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER DAVID CHARLES JR the DEFENDANT , at 1932:00 HOURS, on the 24th day of January , 2003 at 1101 LINDHAM COURT APT 109 MECHANICSBURG, PA 17055 by handing to DAVID C MILLER JR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Additional Comments ALSO DEPUTIZED YORK COUNTY FOR SERVICE AT 340 MEADOW TRAIL DILLSBURG, PA 17019. A NOT FOUND RETURN WAS RECEIVED FROM YORK COUNTY Sheriff's Costs: Docketing Service Out of County Surcharge Dep York County So Answers: 18.00 9.66 9.00 10.00 51.04 97.70 ~,;;rr..~~. .P>'~ /./.. .......-;..~ ... 'f;';,' ,...~"'''--c- ,"'.''''_4''; /" b. .#' ~ ...,-4-,1",...",,-0., ,.,' '/'. - "" 7 1""", 4_~ .~ ' !,,'f .... ~~ R. Thomas Kline jL; me this -1'1- day of 01/27/2003 HANDLER HENNING ROSENBERG By: U d tJ / (DeputAheriff Sworn and Subscribed to before (.-I!L.~ A'~ 7 .2bo3 A. D . ; ,. /) ~-L..U" ~~_ thonotary , ...-------- ---- --I . ----- --~'"'~ -~ COUNTY OF YORK OI=f:ICE OF THE SHERIFF ~-~~.~ SERVICE CALL (717) 771-9601 28 EAST MARKET ST" YORK, PA 17401 2. COJJIl.T t\IlJMafR , , 1 Ui-blUU C1Vl 4. TYPE OF WRIT OR COMPLAINT SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/SI SUSAN M. BRODBECK 3. DEFENDANT/SI DAVID CHARLES MILLER, JR. SERVE { 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. ~ DaYid Charles Miller, Jr. ..,.. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, AT . 346 r1o.dg\: Trail nillc;hllY'g, P~. 17819 7, INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE DEPUTIZE L NOW Decanber 31, 2002 ,20_ I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t ake return t ccording to law, This deputization being made at the request and risk of the plaintiff, Civil Writ of Summons o OTHER Send re,\:unn of service to Cumberland County Sheriff. ADVANCED FEE PAID BY SHERIFF ~ ~q.ssl 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custOdy of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGIN W. Scott Henning, Esquire 10. TELEPHONE NUMBER 11. DATE FILED (717) 238-2000 ~~~~~~~! 12-23-02 12. 16. HOW SERVED: PERSONAL ( RESIDENCE ( ) POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOI/\ 17, I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above, (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19, Date of Service 20. Time of Service IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.~:2 - {",too Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED (J~~L~~ SUSAN M. BRODBECK 3810 Cedar Avenue Camp Hill, PA 17011 . DAVID CHARLES MILLER, JR. 340 Meadow Trail Dillsburg, PA 17019 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Surnmons in the above-captioned action, L Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Hennina, Esauire 1300 Linalestown Road Harrisbura. PA 17108 J717) 238-2000 Name/Address/Telephol 'e No, of Attorney . Cl 0 t..;) "'T1 c- "'T1 :: ::P -<0;0 ::z: ornrn N ::;Do 0 :;;><;-n~ - (J) <: " --c :x: rfl ::3 :l>rn~ ;0 . 1-" - N -" Cl Date: December 20. 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTlFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU, /) . ~ (JAA~) ~_~ ~ Prothonotary D"e])E:c.eYn~ea ~<,;;^"", '--.bv an-., p '7tf:hV~r-- eputy ( ) Check here if reverse is used for additional information 1ROTHON, - 55 TRUE COPY FROM RECORD In T Oliilmooy Wfl{lreof, I here unto sat my llano : the ~ sa~ at Carlisle. PI. ~ "''}J;,,:.} ~"h"'~ honotary v : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-6100 SUSAN M. BRODBECK, Plaintiff DAVID CHARLES MillER, JR. Defendant : CIVil ACTION - LAW : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENN1NG & ROSENBERG ~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6100 SUSAN M. BRODBECK, Plaintiff DAVID CHARLES MILLER, JR., : Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Susan M. Brodbeck, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, byW. Scott Henning, Esquire, and makes the within Complaint against the Defendant, David Charles Miller, Jr., as follows: 1. Plaintiff, Susan M. Brodbeck, is an adult individual currently residing at 1199 Tower Road, York, York County, Pennsylvania 17406. 2. Defendant, David Charles Miller, Jr., is an adult individual currently residing at 1101 Lindham Court, Apartment 109, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. At all times material hereto, Plaintiff, Susan M. Brodbeck was the owner and operator of a 1996 Geo Metro, PA Plate Number BNP 0276, hereinafter referred to as Plaintiff's vehicle. 4. At all times material hereto, Defendant, David Charles Miller, Jr., was the owner and operator 1996 Chevrolet Tahoe, PA Plate Number AGT 3059, hereinafter referred to as Defendant's vehicle. 5. At all times material hereto, Plaintiff was insured by Nationwide Insurance Company and covered by the limited tort option. Plaintiff asserts that her cause of actions falls within the exceptions to Limited Tort status, specifically the fact that she has sustained a serious injury and serious and permanent disfigurement within the definition of 75 Pa. C.S. A. 91705(d) and 75 Pa. C.S.A. 91702. 6. On or about, December 28, 2000 at about 11 :40 pm, Plaintiff, Susan M. Brodbeck was traveling south SR 2018, in New Cumberland Township in Cumberland County, Pennsylvania. 7. As plaintiff approached the intersection of SR 2018 and Park Avenue, Defendant's vehicle was traveling west on Park Avenue. 8. Defendant failed to stop at the stop sign on Park Avenue and entered the intersection at the same time as Plaintiffs vehicle. 9. Defendant's vehicle struck Plaintiff's vehicle on the driver's side. 10. Plaintiff Susan M. Brodbeck was violently thrown around the interior of her vehicle as the vehicle left the roadway and struck a utility pole. 11. Defendant then fled the scene of the accident. Subsequently, the identity of the driver of the other vehicle was identified as being the Defendant. SUSAN M. BRODBECK V. DAVID CHARLES MillER. JR. NEGLIGENCE 12. Paragraphs 1-11 are incorporated herein as if set forth at length. 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Susan M. Brodbeck, are the direct and proximate result of the 2 negligence, carelessness, and/or recklessness of the Defendant, David Charles Miller, Jr., generally and more specifically as set forth below: (a) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. 93714; (b) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. 9 3361 ; (c) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; (d) In failing to stop at a properly posted stop sign, in violation of Pa. C.S.A.93323(b);; (e) In failing to operate the vehicle at a speed and under such control so as to be able to stop within the assured cleared distance ahead in violation of 75 Pa. C.S.A. 3361; and (f) In driving his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the negligence of the Defendant, David Charles Miller, Jr., the Plaintiff, Susan M. Brodbeck, has suffered extensive and serious personal injuries, including, but not limited to a subcutaneous fractured left clavicle, a 3 brachial plexus injury, fractured ribs, and a chest wall contusion. 15. As a result of the negligence of Defendant, David Charles Miller, Jr., the Plaintiff, Susan M. Brodbeck, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a result of the negligence of Defendant, David Charles Miller, Jr., the Plaintiff, Susan M. Brodbeck, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 17. As a result of the negligence of Defendant, David Charles Miller, Jr., the Plaintiff, Susan M. Brodbeck, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 18. As a result of the negligence of Defendant, David Charles Miller, Jr., the Plaintiff, Susan M. Brodbeck, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 19. As a result of negligence of Defendant, David Charles Miller, Jr., the Plaintiff, Susan M. Brodbeck, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 20. Plaintiff, Susan M. Brodbeck, believes and, therefore, avers that her injuries are permanent in nature. 4 WHEREFORE, Plaintiff, Susan M. Brodbeck, seeks damages from Defendant, David Charles Miller, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: .3-!~-;g;3 By: W. Scott Henni g, Attorney I. D. # 8 1300 linglestown Ro d Harrisburg, PA 1711 (717) 238-2000 Attorney for Plaintiff 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document 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 document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. t/ -2, A-<)"'~""..J'( e,O~.a Susan Brodbec - Clemens Date: -3/7/(J-3 S~("S' v : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02.6100 SUSAN M. BRODBECK, Plaintiff DAVID CHARLES MILLER, JR. Defendant : CIVIL ACTION. LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On the 12th day of March, 20~, I hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by United States Mail to; David Charles Miller, Jr 1101 Lindham Court Apt. 1 09 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG Date:3 -/~ -;2Cf7J By W. Scott Henni 1.0.#32298 1300 Linglestown P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 ATTORNEY FOR PLAINTIFF (') c "'~ lIP 0':, ...... ~r' f~/o' -> :.:i -< !~ :,., Iv c:) c) ~ () ~r-i . ~J ./,'" ;:. " ,j SUSAN M. BRODBECK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. DAVID CHARLES MILLER, JR., Defendant. NO. 02-6100 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter the appearance of Edward E. Knauss, IV, Esquire, on behalf of Defendant David Charles Miller, Jr METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~-~ Edward E. Knauss, IV, Es~~ Attorney J.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Defendant David Charles Miller, Jr. Date: April 14, 2003 Document #: 266987./ CERTIFICATE OF SERVICE AND NOW, this 14th day of April, 2003, I, Edward E. Knauss, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant David Charles Miller, Jr., hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: W. Scott Henning Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, P A 17110 /i-t ~ ,- Edward E. Knauss, IV Document #: 266987.1 C) s; L}'-~7:; rllr; ~r"- Cl) -...... . ~;~ <:.. :::! N ....., c:':) c') .~ -() :;:) --:: -f"J U; 'J Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. BRODBECK, v. NO. 02-6100 CIVIL ACTION - LAW DAVID CHARLES MILLER, JR., Defendant JURY TRIAL DEMANDED ANSWER TO COMPLAINT I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that Plaintiff carried the limited tort option. All the remaining averments are denied. 6. Admitted. 7. Admitted. 8. Denied. 9. Admitted. 10. Denied, since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 11. Admitted that Defendant did not stay at the scene. All the remaining averments are denied as stated. 283760.] WHEREFORE, Defendant demands that the Complaint be dismissed and judgment be entered in his favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By: ? . / ... "/ r/ /(;~~;~. Edward E. Knauss, IV, Esquire Attorney J.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717)238-8187 Attorneys for Defendant Date: &/]d/ 0.3 - 3 - 283760.} SUSAN M. BRODBECK v. DAVID CHARLES MILLER. JR. NEGLIGENCE 12. The preceding paragraphs I through II are incorporated herein by reference and made a part hereof. 13. Denied. 14, Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment be entered in his favor with costs. NEW MATTER I. Plaintiff had selected the limited tort option at the time of the accident and therefore cannot recover any non-economic damages in the case. -2- 283760./ WHEREFORE, Defendant demands that the Complaint be dismissed and judgment be entered in his favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: .7 / ,/7 ,..( 'r;.~..... '" ( // . c.?",~. . .. / Edward E, Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Date: &!]d!O.3 - 3 - 283760.J VERIFICATION I, David C. Miller, Jr., do hereby verify that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dottd 4/ 7 po/tD 283760.} CERTIFICATE OF SERVICE AND NOW, this 1t?J:t day of /lott.C'J.{ ,2003, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the Answer to Complaint this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, P A 1711 0 <2Lt~ Edward E. Knauss, IV 283760./ (") ~; '""!'")(-i" [~C ,.~ (,7 '" --" ".-.'- .:;:; 'r:-:. , '-.~) <.,,~, ,::J -< SUSAN M. BRODBECK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-6100 DAVID CHARLES MILLER, JR., : Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Susan M. Brodbeck, by and through her counsel, HANDLER, HENNING & ROSENBERG, LLP, W, Scott Henning, Esq, replies to the New Matter filed by Defendant, David Charles Miller, Jr. as follows: 1, Admitted in part, denied in part. It is acknowledged that the Plaintiff selected the Limited Tort option under her motor vehicle insurance policy, however, it is denied that she cannot recover non-economic damages, To the contrary, as the Plaintiff asserted in her Cornplaint, the nature and extent of her injuries fall within the exceptions to Limited Tort status, Specifically, the Plainti1f asserts that she sustained a serious injury and a serious and permanent disfigurement within the definition of 75Pa C,SA S1705(d); 75Pa C,S.A, S1702 et. al. WHEREFORE, Plaintiff requests judgment against the Defendant for the relief set forth in her Complaint. Respectfully submitted, ~~//~d/ZB DATE HANDLER, HENNING & ROSENBERG, LLP W, Scott Hennin ,Esq re I.D, #322:98 1300 Linglestow ad Harrisburg, PA 17110 717-238..2000 Attorney for Plaintiff SUSAN M. BRODBECK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND C:OUNTY, PENNSYLVANIA v. NO. 02-6100 DAVID CHARLES MILLER, JR., : Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1f. On th~h Day of August, 2003, I hereby certify that a true and correct copy of Plaintiff's Reply To New Matter was served upon the following by depositing in U.S. Mail; Edward E. Knauss, IV , Esq. 3211 North Front Street POBox 5300 Harrisburg, PA 17110-0300 Respectfully submitted, ?;'>'l-~~ DATE HANDLER, HENNING & ROSENBERG, LLP Attorney for Plaintiff VERI FICA TION PURSUANT TO PA R.C.P. NO. 1024 Ic) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party . he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is rnade subject to the penalties of 18 Pa C.S. 94904 relating to unsworn falsification to authorities. Date; ~ ,../ l-"d..tJo) [' UIRE 0 a 0 <;;: w ., LJ(-;~ ,.,. I c:: -r "n n.", c') ;:'j -? ~,! ~, rq 2~" 'J (0 (,., , -< : 5) r-' <<" " , 2:: , c:..'_ , :s "...) , i'f I ~'J .,,~j :::.iJ r " -< Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. BRODBECK, v, NO, 02-6100 CNIL ACTION - LAW DAVID CHARLES MILLER, JR., Defendant JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Edward E. Knauss, IV, Esquire on behalf of the Defendant David Charles Miller, Jr. and enter the appearance of Andrew W. Norfleet, Esquire on , behalf of the same Defendant in the above captioned matter. Resr ME' Cr~i5ual IAUSS & ERB, P.c. By. -'. qUire .s. "'~~_____.1 / ..'/ ~ Andr W. Norfleet s Attorney LD. No. 3894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for the Defendant ?/.,...-' Dated: (/~k 324707-} CERTIFICATE OF SERVICE fI AND NOW, this (1t;.y of April, 2005, I, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, Knauss & Erb, P.c., attorney for Defendant, David Charles Miller, Jr., hereby certify that I served the foregoing Defendant, David Charles Miller, Jr.'s Praecipe for Withdrawal and Entry of Appearance this day by postage paid United States mail, addressed to: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 / ~. //) // // . wJ. Andrew W. orfleet, Esq 324707-1 C~l ~, ~- -:) '::~:J W' r' '--J -on ::;.~ -" '-' f'-..) SUSAN M. BRODBECK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-6100 DAVID CHARLES MILLER, JR. Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above captioned matter settled and discontinued. HAND LEFt HENNING & ROSENBERG Date: q-l~~ By-L W. Scott Hen i Attorne~1 I.D. 1300 Linglestown Road Harrisburg, PA 17110 (717) 2a8-2000 ATTORNEY FOR PLAINTIFF r'.."' c:::; ,..;;:;:. '.........1 (,) 1:::J (J,