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HomeMy WebLinkAbout03-0368IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EILEEN GODDIN and DOUGLAS GODDIN, her husband, 1717 Tappahannock Tappahannock, Virginia 22560 Plaintiffs & Address Defendant & Address PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X A Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 ??- (717) 232-6300 Signature of Att rney Supreme Court I.D. No. 80719 Date: January 21, 2003 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:je-433 .2m.I i Prothonotary ?- beputy No. Q3 -31,P 0, *,, ? 7i5i.? Civil Action (X) Law () Equity DONNA M. SEIK 454 Old York Road Dillsburg, PA 17019 ) Check here if reverse is issued for additional information ?rj- U? ( ?' ? I T , 1 r? John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Seik EILEEN GODDIN AND DOUGLAS GODDIN, her husband, Plaintiffs VS. DONNA M. SEIK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-368 CIVIL JURY TRIAL DEMANDED PRAECIPE Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. n 1<` By J n R. Ninosky, Esqui e Attorney I.D. 78000 (717) 234-4161 DATE: Attorneys for Defendant RULE TO: Todd D. Getgen, Esquire, Schmidt, Ronca & Kramer, P.C., 209 State Street, Harrisburg, PA 17101 Attorneys for Plaintiffs: A Rule is hereby issued upon Plaintiffs to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. 1*1% DATE : ?? a(X33 Prothonotary 91065.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on 3 & Ile- addressed to the following: Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By `-' ?'? Joh R. Ninosky, Esq re Attorney I.D. No. 51785 P. 0. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 91066.1 Attorneys for Defendant - , r ri John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KAT2MAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Seik EILEEN GODDIN AND DOUGLAS GODDIN, her husband, Plaintiffs VS. DONNA M. SEIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-368 CIVIL JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant Donna M. Seik in the above-referenced matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jo n R. 4nosky,?Es ire Attorney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant Cassel DATE : 91065.1 /fG?( CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on 0, 0 addressed to the following: Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Joh R. Ninosky, Esquire Attorney I.D. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 91066.1 Attorneys for Defendant --•? C7 ? r-? ? -5'1 ' , _ , -, ._ _t es:" ^ ?,?? F ?? 'S ? t ..? ?--? =?< EILEEN GODDIN and DOUGLAS GODDIN, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 03-368 CIVIL ACTION -LAW DONNA M. SEIK, Defendant JURY TRIAL DEMANDED PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: Kindly amend the caption in the above matter to reflect the Defendant's name to be DONNA A. SEIK, not DONNA M. SEIK. Counsel for both parties concur in amending the caption. Date: f3 ?D? 3 Date: Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: l C? Todd D. Getgen, E uire Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P. C. By n R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. O. Box 1.268 Harrisburg, PA 17108 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this 19th day of February 2003, I;, Todd D. Getgen, hereby certify that I have served a true and correct copy of the Praecipe to Amend Caption by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 SCHMIDT, RO:NCA & KRAMER, P.C. Y Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs --t; ?=? 3 i ? -,? .. -.t? i ?? 1 ? ?_ ???, l ..T r?ry .! . -? `) }? {i? EILEEN GODDIN and DOUGLAS GODDIN, Husband and Wife, Plaintiffs V. DONNA A. SEIK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-368 JURY TRIAL DEMANDED NOTICE TO PLEAD To: Donna A. Seik c/o John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 You are hereby notified to plead the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Date: March 4, 2003 SCHMIDT, RONCA & KRAMER, P.C. By l o L???_ Todd D. Getge Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs EILEEN GODDIN and DOUGLAS IN THE COURT OF COMMON PLEAS GODDIN, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. NO. 03-368 DONNA A. SEIK, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW COME the Plaintiffs, Eileen Goddin and Douglas Goddin, husband and wife, by and through their attorneys, Schmidt, Ronca & Kramer, P.C., and respectfully aver as follows: THE PARTIES 1. Plaintiffs, Eileen Goddin and Douglas Goddin, are adult individuals, husband and wife, who currently reside at 255 Thomas Lane, Tappahannock, Essex County, Virginia. 2. Defendant, Donna A. Seik, is an adult individual currently residing at 454 Old York Road, Dillsburg, Cumberland County, Pennsylvania. 3. The facts hereinafter described took place on March 1, 2001 at approximately 3:28 p.m. at the intersection of the ramp from Route 15 and Route 581 Westbound in Camp Hill Borough, Cumberland County, Pennsylvania. This stated date, time, and location shall be referred to as "the scene" throughout this Complaint. 4. At the scene, Plaintiff Eileen Goddin was operating a 1994 Ford Explorer, Virginia registration plate YKZ 5491, on the ramp and was stopped completely due to a traffic back-up. 5. At the scene, the Defendant, Donna A. Seik, was operating a 1995 Chevrolet Astro van, Pennsylvania registration plate number BHC 4294, on the same ramp, immediately behind Eileen Goddin's Ford Explorer. 6. At the scene, Donna A. Seik was driving essentially westbound, approaching Eileen Goddin's stopped vehicle. 7. As Donna A. Seik approached Eileen Goddin's stopped vehicle, Donna Seik failed to stop and caused a rear-end collision between the Chevrolet Astro van and the Ford Explorer. 8. At all relevant times, the Defendant, Donna A. Seik, had a duty to stop within the assured clear distance ahead pursuant to 75 Pa. Cons. Stat. § 3361 and had a duty not to follow too closely pursuant to 75 Pa. Cons. Stat. § 3310(a). 9. The Defendant, Donna A. Seik, breached her duty of care by failing to stop within the assured clear distance ahead and was following too closely, violations of 75 Pa. Cons. Stat. §§ 3361 and 3310, thereby causing a rear-end collision. 2 10. The collision was caused solely by the negligence of the Defendant and Plaintiffs, Eileen Goddin and Douglas Goddin, in no way caused or contributed to the collision. 11. The Defendant's negligence includes, but is not limited to, the following acts or failures: a. Failing to observe other vehicles on the roadway; b. Failing to operate her vehicle in accordance with the existing traffic conditions; C. Failing to keep a reasonable lookout for other vehicles on the road; d. Operating her vehicle in a manner which created a dangerous situation for other vehicles on the road; e. Operating her vehicle in a manner that violated 75 Pa.C.S. § 3361 (failing to stop within the assured clear distance ahead) which is negligence per se; and f. Following too closely, a violation of 75 Pa. Cons. Stat. § 3310, which constitutes negligence per se. COUNT I - Negligence Eileen Goddin v. Donna A. Seik 12. Plaintiff Eileen Goddin has suffered injuries--that have not resolved and may be permanent in nature--caused by the trauma she received in the collision caused by the negligence of the Defendant, Donna A. Seik. 13. Plaintiff Eileen Goddin has been obliged to expend sums and incur 3 expenses for medical treatment as a result of her injuries caused by the negligence of the Defendant, Donna A. Seik. 14. Plaintiff Eileen Goddin is likely to incur expenses and to expend sums in the future for necessary medical care as a result of her injuries caused by the negligence of the Defendant, Donna A. Seik. 15. Plaintiff Eileen Goddin has missed work and, as a result, incurred a loss of income due to her injuries caused by the negligence of the Defendant, Donna A. Seik; therefore, Plaintiff Eileen Goddin makes a claim for lost wages. 16. Plaintiff Eileen Goddin believes and therefore avers that she may incur a loss of earning capacity due to the injuries caused by the negligence of the Defendant, Donna A. Seik. 17. Plaintiff Eileen Goddin has experienced in the past and will continue to experience in the future great pain and suffering as a result of her injuries caused by the negligence of the Defendant, Donna A. Seik. 18. Plaintiff Eileen Goddin has suffered a diminution of her ability to enjoy life and life's pleasures as a result of her injuries, pain, and suffering caused by the negligence of the Defendant, Donna A. Seik. WHEREFORE, Plaintiff Eileen Goddin demands judgment against the Defendant, Donna A. Seik, in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs. 4 COUNT II LOSS OF CONSORTIUM Douglas Goddin v. Donna A. Seik 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference. 20. Plaintiff Douglas Goddin has suffered from the loss of service and companionship of his wife, Eileen Goddin, as a result of Plaintiff Eileen Goddin's injuries and pain and suffering caused by the negligence of the Defendant, Donna A. Seik. WHEREFORE, Plaintiff Douglas Goddin demands judgment against the Defendant, Donna A. Seik, in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. Respectfully submitted, Dated: 4?&19 SCHMIDT, RONCA & KRAMER, P.C. By: leo:? ?. Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs 5 VERIFICATION I, EILEEN GODDIN, hereby verify that the statements set forth herein are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated EILEEN IN VERIFICATION I, DOUGLAS GODDIN, hereby verify that the statements set forth herein are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Q L D ?tGLAS GODDIN CERTIFICATE OF SERVICE AND NOW, this 4th day of March 2003, I, Todd D. Getgen, hereby certify that I have served a true and correct copy of the Complaint by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 SCHMIDT, RONCA & KRAMER, P.C. By Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs '-. ? <"J SHERIFF'S R.ETUR - I laq CASE NO: 2003-00368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GODDIN EILEEN ET AL VS SEIK DONNA M R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: but was unable to locate Her deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On March 4th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County So answer 18.00 9.00 10.00 R. Thomas Kline 32.60 Sheriff of Cumberlan County .00 69.60 03/04/2003 SCHMIDT RONCA KRAMER Sworn and subscribed to before me this I a?, day of '&&4,J oZ av-3 A. D. Prothonotary in his bailiwick. He therefore COUNTY OF YORK -a / OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 22. REMARKS: SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Eileen Goddin 3. DEFENDANT/S/ Donna M. Seik 4. 1 YFL OF VVKI I UK COMPLAINT Writ of Sunnon-- SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Donna M. Seik 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TwP., STATE AND ZIP CODE) AT 454 Old York Road Dillsburg, PA 17019 7. INDICATE SERVICE: O PERSONAL ? PERSON IN CHARGE XKK DEPUTIZE AMT MM L 1 ? 1ST CLASS MAIL ? POSTED O OTHER NOW January 24 -2003 I, SHERIFF OF i&RCOUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this d;make return thereof according to law. This deputization being made at the request and risk of the plaintiff. ?E 21t1 W I I - 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY OUT OF COUNTY CUMBERLAND 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. U. IT rE NAME anc AUDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED S H 4, PA 171nj CHMIDT, RONCA KRAMER 209 STATE ST. 232-6300 1-23-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). XXKX CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ R. AHRENS 14. DATE RECEIVED 15. Expiration/Hearing Date of complaint as indicated above. 1-27-03 2-22-03 16.. HOW SERVED: PERSONAL( ) RESIDENCE ( POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW ao lo? SERVICE CALL (717) 771-9601 Z,Z? .C3 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Due o efund heck No 75.0 18.00 12. In-6n 1 12.00 2.60 42.40 S??G 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED n subscribed to before me this 20 SO SWERS 42. d o 4. Signature o Dep She 45. T F t - . H /NOTARY . o ' 11A?iL??g 9A J' SHAPPER Notar ubl C 6. Signat a of Yor 47. DA E , y City of York Yvnc C County heriff , ounty y fft'?gl?narpl AP , Dos l+l I LL I HOSE 2-20-03 48. Signature of Foreign C 49. DATE cn nrirnin?nn c ounty Sheriff OF AUTHORIZED ISSUING AUTHORITY AN ITLE 51. UA I h RECEIVED et al INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. COURT MBER 03-3 civil 1. WHITE -Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriffs Office 4. BLUE - Sheriffs Office John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMM & SHIPHM, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Seik EILEEN GODDIN AND DOUGLAS GODDIN, her husband, Plaintiffs VS. DONNA A. SEIK, Defendant TO THE PLAINTIFFS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-368 CIVIL JURY TRIAL DEMANDED NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you.. GOLDBERG, KATZMAN & SHIPMAN, P.C. By 2 J R. Ninosky, Esc6're A torney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant DATE : 92644.1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Seik EILEEN GODDIN AND DOUGLAS IN THE COURT OF COMMON PLEAS OF GODDIN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . VS. CIVIL ACTION - LAW DONNA A. SEIK, NO. 03-368 CIVIL Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Donna A. Seik, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer with New Matter to Plaintiffs' Complaint by respectfully stating the following: 1. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 1 and the same are therefore denied. 2. Admitted. 3. Admitted. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. If 2 a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . 11. Denied. Paragraph 11, including Subparagraphs (a) through (f), is denied pursuant to Pa. R.C.P. 1029(e). COUNT I NEGLIGENCE EILEEN GODDEN v. DONNA A. SEIK 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 13. Denied. R.C.P. 1029(e). 14. Denied. R.C.P. 1029(e). 15. Denied. R.C.P. 1029(e). 16. Denied. R.C.P. 1029(e). This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. 3 17. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 18. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment against the Plaintiffs and respectfully requests that Plaintiff's Complaint be dismissed with prejudice. COUNT II LOSS OF CONSORTIUM DOUGLAS GODDEN y DONNA A. SEIK 19. Defendant incorporates herein by reference her answers to Paragraphs Nos. 1 through 18 above as though fully set forth herein at length. 20. Denied. This nar;;arnnh ; c2 A-4-4 R.C.P. 1029(e). WHEREFORE, Defendant demands judgment against the Plaintiffs and respectfully requests that Plaintiff's Complaint be dismissed with prejudice. 4 NEW MATTER 21. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sea. 22. Plaintiffs' claims may be barred or limited by the Limited Tort option pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 23. That the accident, and any injuries allegedly sustained by the Plaintiffs, may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 24. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages sustained by the Plaintiffs. 25. The alleged accident was not a substantial factor in causing any harm to the Plaintiffs. 26. That if the Plaintiffs suffered the injuries allegedly sustained in their Complaint, those injuries may have been caused in whole or in part by the negligence of the Plaintiffs and to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 5 27. The Plaintiffs may have assumed the risk of their alleged injuries. WHEREFORE, Defendant demand judgment in her favor and respectfully request that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, DATE ; 3 1/16) 92641.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jo R. Ninosky, Esq ire At orney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant 6 VERIFICATION I, Donna A. Seik, am the Defendant in the this matter, and I hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. k?' Donna A. Seik Date:J r/ 89496.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on - 'COL_( ? , 2003, addressed to the following: Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 91066.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. By`? J n R. Ninosky, Esq re Attorney I.D. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant ? r!"e _ _; ?-- q- t _ , nii_ ? _ -- ; ,? s"' c_ ; .:. ' 1 . ; .:. ? i a EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs VS. DONNA A. SEIK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-368 CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ANSWER TO NEW MATTER 21. Paragraph 21 is a conclusion of law to which no responsive pleading is required. Paragraph 21 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. 22. Denied. Paragraph 22 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. 23. Denied. Paragraph 23 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. 24. Denied. Paragraph 24 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. 25. Denied. Paragraph 25 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. 26. Denied. Paragraph 26 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. 27. Denied. Paragraph 27 fails to allege any new facts. As a result, the Plaintiffs are not required to make any answer to this paragraph. Pursuant to Pa. R.C.P. 1029(d), this paragraph is deemed denied. WHEREFORE, Plaintiffs, Eileen Goddin and Douglas Goddin demand judgment against the Defendant, Donna A. Seik, in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: o - Todd D. Getgen Attorney I.:D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 March 25, 2003 Attorneys for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 25th day of March 2003, I, Todd D. Getgen, hereby certify that I have served a true and correct copy of the Answer to New Matter by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman 8s Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 SCHMIDT, RONCA & KRAMER, P. C. Todd D. Getgen Attorney I.D. No. 80719 209 State Street: Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ?^? t - C:? ?.. , . ...., ?-- r S',, i _ - -" it ?? ??'. 1` _ .} i ` 1? .j \ :? EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs V. DONNA A. SEIK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-368 : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11tl'• day of April, 2003, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs' First Set Of Requests For Production Of Documents Addressed To Defendant by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. By: Shawn T. Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 c'? cam: t C _ l..vJ -; __ 1 `. r• ..?.-? -.- Ct?` ..?-? - ' - ?? _ . .. __ _ -- _ ? .?., EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs V. DONNA A. SEIK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-368 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th day of April, 2003, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs' Interrogatories Addressed to Defendant - Set I by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. By: Shawn T. Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 m ' 3 : On MI (' 7 .: John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs V. DONNA A. SEIK, Defendant Counsel for Defendant, Donna A. Seik IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-368 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) There is no objection to the subpoenas and the twenty day rule has been waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN By Q4 k ?44 ohn R. Ninosky, Esquire v I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Date: John R. Ninosky, Esquire I.D.#78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Donna A. Seik EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs V. DONNA A. SEIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-368 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Eileen Goddin, Douglas Goddin and Todd D. Getgen, Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve two subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN By 9- 4 J 4?" o hn R. Ninosky, Esquire I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Date: (P/?D43 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN GODDIN and DOUGLAS GODDIN, IN THE COURT OF COMMON PLEAS OF her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-368 V. CIVIL ACTION - LAW DONNA A. SEIK, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WVHCS - Wilkes-Barre General Hospital (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 medical records correspondence, reports and diagnostic test results pertaining to Eileen Goddin (DOB 9/6/69 SS# 188-62-8348 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire ADDRESS: P.O. Box 1268 Harrisburg, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil ivisi DATE: yj" pE J 7 dd O3 C Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN GODDIN and DOUGLAS GODDIN, IN THE COURT OF COMMON PLEAS OF her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-368 V. CIVIL ACTION - LAW DONNA A. SEIK, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Riverside Reha hilitafinn Ot Person Or 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 medical records correspondence reports and diagnostic test results pertaining to Eileen Goddin (DOB: 9/6/69 SS#' 188-62-8348 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv, Esquire ADDRESS: P.O. Box 1268 Harrisburg PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DATE: l goo3 Seal of the Court (Eff. 7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the 90?Ji day of _ jk- j0- 2003, addressed as follows: Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By? John RC"Ninosky, Esquire Attorney I.D. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 97281.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the a2" day of _ TN 11R, 2003, addressed as follows: Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By !idil John R1:' Ninosky, Esquire v Attorney I.D. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 97281.1 c, 1- c.. M, ET r,? r s EILEEN GODDIN and DOUGLAS : IN THE COURT OF COMMON PLEAS GODDIN, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 03-368 : CIVIL ACTION - LAW DONNA A. SEIK, Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Todd D. Getgen, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $35,000. The counterclaim of the defendant in the action is 0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Todd D. Getgen, Esquire; John R. Ninosky, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. By: Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 / (717) 232-6300 Date: 3?/0/ loG/o Attorneys for Plaintiffs J ? ` ? ._ -' I"7 ? Ci 1 ?? - ? ?i r r i n -'` ...? ' -?., ? i... ? ? ? ? ? , ? L` - ? I ? ? -_ ??? a % ?? -f- ? _, CERTIFICATE OF SERVICE AND NOW, this 21St day of March, 2006, I, Shawn Peterson, hereby certify that I have served a true and correct copy of the foregoing document by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman 8r. Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 SCHMIDT, RONCA, & KRAMER, P.C. By: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 EILEEN GODDIN and DOUGLAS : IN THE COURT OF COMMON PLEAS GODDIN, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 03-368 : CIVIL ACTION - LAW DONNA A. SEIK, Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, 1776L2c /L A?' 9 , 2006, in consideration of the foregoing petition, Q L utcklr Esq., and 2 sq., andr Esq., are appointed arli' r ors in the above captioned action as prayed for. By 1 Court , P.J. `cY v oat ? ;?7 ? ?, .t?' F ? _ }! Y 51 ?Ja l 1 ??? tl? ? -? ?, ; }:?:?. i EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs V. DONNA A. SEIK, Defendant C- %, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-368 : CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO REMOVE CASE FROM ARBITRATION LIST Todd D. Getgen, counsel for the Plaintiffs in the above action, respectfully represents that: 1. Plaintiffs' petitioned the Court for appointment of arbitrators in order to complete mandatory arbitration via a petition filed on March 16, 2006. A copy of the Petition is attached as Exhibit A. 2. When the Petition to Appoint Arbitrators was filed, Plaintiffs and Plaintiffs' counsel believed that Plaintiff Eileen Goddin had reached a plateau in medical treatment. 3. The Court appointed a panel of three arbitrators by court order dated March 29, 2006. A copy of the March 29, 2006 Order signed by Judge Bayley is attached as Exhibit B. 4. Plaintiffs' counsel received the order appointing arbitrators on or about April 28, 2006 and notified the Plaintiffs of the court order by letter on May 1, 2006. 5. On May 10, 2006, Plaintiffs' counsel learned that Plaintiff Eileen Goddin had suffered a flare-up of her medical condition associated with the motor vehicle accident in question and had returned to treatment on or about May 4, 2006. 6. At Plaintiffs request and with the approval of Defense counsel, the chairman of the appointed arbitration panel, Taylor P. Andrews, Esquire, graciously postponed scheduling an arbitration until September 2006 with the plan to revisit this matter in early September 2006. 7. Plaintiff Eileen Goddin is currently still attending physical therapy prescribed by her treating physician. 8. The physical therapy prescription is open-ended at this point, making it impossible to determine precisely when treatment will be completed. 9. It is anticipated that if the current course of physical therapy does not resolve Mrs. Goddin's symptoms that a diagnostic MRI will be scheduled by the treating physician, Dr. Antonio. 10. Plaintiffs' believe and aver that the expected continuing course of medical treatment will take longer than September 30, 2006 to complete. 11. Depending on the outcome of treatment and the treating physician's opinion regarding the ongoing injuries, the value of the above- captioned claim may exceed the amount requiring compulsory arbitration. 12. As a result, Plaintiffs, by and through their attorneys, respectfully move this honorable Court to remove the above-captioned case from the mandatory arbitration list. 13. Defense counsel has been served with a copy of this Motion and concurs with the removal from the arbitration list. 2 f 14. The chairman of the arbitration panel has been served with a copy of this Motion. 15. Plaintiffs are willing to reimburse Attorney Andrews a reasonable sum as determined by the Court for his time spent reviewing this matter given the circumstances. WHEREFORE, the Plaintiffs respectfully move this Honorable Court to remove the above-captioned case from the Cumberland County mandatory arbitration list. Respectfully submitted, SCHMIDT KRAMER, P.C. B Y• Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: ?X C ( Attorneys for Plaintiffs 3 Exhibit f? GODDIN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 03-368 N O CIVIL ACTION - LAW z' -a r DONNA A. SEIK, ? Defendant JURY TRIAL DEMANDED : E PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: __j EILEEN GODDIN and DOUGLAS : IN THE COURT OF COMMON PLEAS Todd D. Getgen, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $35,000. The counterclaim of the defendant in the action is 0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Todd D. Getgen, Esquire: John R Ninosky, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. By:- 4 Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: v 3 f l ??? coo (c, Attorneys for Plaintiffs EILEEN GODDIN and DOUGLAS : IN THE COURT OF COMMON PLEAS GODDIN, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 03-368 : CIVIL ACTION - LAW DONNA A. SEIK, Defendant JURY TRIAL DEMANDED AND NOW, _ foregoing petition, ORDER OF COURT 2006, in consideration of the Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, GEORGE E. HOFFER, P.J. CERTIFICATE OF SERVICE AND NOW, this 21St day of March, 2006, I, Shawn Peterson, hereby certify that I have served a true and correct copy of the foregoing document by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108 SCHMIDT, RONCA, & KRAMER, P.C. By Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 r• Exhibi+ 5 • • EILEEN GODDIN and DOUGLAS GODDIN, her husband, Plaintiffs V. DONNA A. SEIK, 3 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-368 CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, GL'Li, a 2006, in consideration of the foregoing pet ition, C Esq., and J sq., and Esq., are appointed artr' r ' ors in the above captioned action as prayed for. By Court I Gv? GRGEB-" ,r &R' P.J. pFiCORD TRU? r,unto set my hand in Test - *,ourt a r1is and 2 s a`,rrc?? id lisle Pa Th' .. day rothonotarj • 4 j i a+' •. ATTORNEY VERIFICATION I, Todd Getgen, Esquire, verify that I am attorney of record for the Plaintiffs. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: Todd Getgen ID# 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 AD CERTIFICATE OF SERVICE AND NOW, this 21 st day of August, 2006, I, Todd D. Getgen, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on Defendant by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esq. Johnson, Duffie Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Taylor Andrews, Esq. Andrews & Johnson 78 W. Pomfret Street Carlisle, PA 17013 Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs C) N ? O -i1 -? N L EILEEN GODDIN AND DOUGLAS GODDIN, her husband, PLAINTIFFS V. DONNA A. SEIK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0368 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2006, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Taylor P. Andrews, Esquire, Chairman, shall be paid the sum of $50.00. By the urt, 1 Edgar-B1B6y1ey, ?Taylor P. Andrews, Esquire Todd D. Getgen, Esquire Xohn R,Ninosky, Esquire Court Administrator :sal l? c 2 0 0 UG 2 F2: Gv% , ;,: EILEEN GODDIN and DOUGLAS : IN THE COURT OF COMMON PLEAS GODDIN, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-368 V. CIVIL ACTION - LAW DONNA A. SEIK, Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Todd D. Getgen, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $35,000. The counterclaim of the defendant in the action is 0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Todd D. Getgen, Esquire; John R. Ninosky, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SCHMIDT KRAMER PC By: Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: Attorneys for Plaintiffs W ? ?? ?' -art n ? c p .O .d CO , -7: D EILEEN GODDIN and DOUGLAS : IN THE COURT OF COMMON PLEAS GODDIN, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-368 V. CIVIL ACTION - LAW DONNA A. SEIK, ; Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, the ' day of ?/J 2008, in consideration of the foregoing petition, Es q., and Esq., and Esq., are appointed arbitrators in the above captioned action s prayed for. LC') a N C-j T u ? r G ? 00 0 n F EILEEN GODDIN, ET AL., IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. DONNA M. SEIK, DEFENDANT 03-0368 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Harold S. Irwin, III, Esquire, Chairman, shall be paid the sum of $50.00. By the Edgar B Harold S. Irwin, III, Esquire - COPY rn a?tQL Court Administrator -- ec (e j py +c I :sal ?`?`oq C%j LA- Aili ! l t? LL- rn C= :sa 0 C= C? CV SCHMIDT KRAMER, PC By: Todd D. Getgen I.D. No. 80719 209 State Street Harrisburg, Pennsylvania 17101 (717) 234-6300 Attorneys for Plaintiffs EILEEN GODDIN and DOUGLAS GODDIN, Plaintiffs V. DONNA A SEIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-368 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE Kindly mark the docket for the above captioned matter, SETTLED and DISCONTINUED WITH PREJUDICE. Date: Respectfully submitted, SCHMIDT KRAMER, PC By: 7??,P .?- Todd Getgen, Esquir Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 Telephone (717) 232-6300 Attorneys for Plaintiffs C`? rv ? 4 CJ , ua `rt y r M -- parr; a Fz ,O,