The URL can be used to link to this page

Home My WebLink About00-05237 ^~~~ ' .~ ". '~"-. .", PRAECIPE fOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE PROTHOl'VI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. for trial without a jury. ------------....----------------------------- CAPTION OF CASE (entire caption must "be stated in full) (check one) (X) Civil Action - Law VIRGINIA M. RODDY, Appeal from Arbitration (other) ( Plaintiff) 'Vs. ~ ( Defendant) The triaL list will be called on and~ Trials comnence on --flr^\ \ ::lJ ~,;lt'Y<.~ Pretrials will be held on ~~'\ 9i~ (Briefs are due 5 days before pretH " s.) BENJAMIN H. YOUELL, I ...)~ . vs. (The party listing this case for trial shall provide forthWith a copy of the praecipe to all counsel. pursuant to local Rule 214.L) No. Civil 5-2000-5237 1:9 Indicate the attorney who will try case for the party who files this praecipe: Lee, C. Swartz. 111 N. Front St.. Harrisburq. PA 17101 Indicate trial counsel for other parties if known: James G. Nealon, III, 2411 N.Front St., Harrisburg, PA 17110 , This case is ready for triaL Signed: -4?Q ~~~~-' Print Name: Lee C. Swartz . Date: 3 ~ 03 Attorney for: Plaintiff ~~~~Ui!;!iF~l~'>l!'~~!lI"~;e~."'M;",,bi1~t,,~ii;~~"""""'-jl!fijL[JJi- ","",,-,' "~,fl ,~.-___ ,. ,~.- h~.', . "k, "'~' -,' . -.-' -0>""".. '" .,.,-, "_'_'" ~'"_......-.- ~- ~- .~" ~ ^ - ,- "... '" . ~ - ~~-Ij ~ , .~ () .<;:,;; ~.~- n",CC,,' fr; Jt ,,::: '-, ~r;:~ )>2" -,. $ co w o 'n --, -'P"; (:FiX ~- ~ r~ ~!: ,";Y ~~:1C) "-1-; ,-5:D :--7('" :3n1 j;! :0 -< ,. :r;:;:;. :;0 , 0'\ :::2 ~. ~ t:- O -}t t r ..J.. c; g y ~!, ~ ~ tv l=- I r- C. w """"""""'= ~ . : ~', , '. '" ~ if': i SHERIFF'S RETURN - REGULAR CASE NO: 2000-05237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RODDY VIRGINIA M VS YOUDELL BENJAMIN H STEVEN WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon YOUELL BENJAMIN H the DEFENDANT , at 1950:00 HOURS, on the 27th day of July , 2000 at 513 LAMP POST LANE CAMP HILL, PA 17011 by handing to BEMJAMIN YOUELL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: ",q+"''#'#f,,~ .:;;:;~-~ .,'~~'-~,,,,,,.,.,.....,,;:.-:.,?,~~,,; --,,:,' ~/.c,? ..t",_ ,(~:j.-,: .-~'.cr R. Thomas Kline 07/28/2000 TUCKER ARENS BERG & SWARTZ Sworn and Subscribed to before me this ~(k day of h A.D. BYl~~ Deputy Sheriff Proth 0(f ."~'H_ ,. liBi.:$!~~~lW~~,n.01~~l_dIlli:iil19l!i'-fI ""","~...--- ,-"-,;.' ,. - ~.< ,~-,~ ",~ , , .' ~ ~,' aJi;iiIJ'"" , ,'. "I ,~. ' ~-- , " "-,-, ,-,- . ..~,~, .~ t."- < , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. S 2000 - ~J7 Civil Action - Law Gu~C 'T~ VIRGINIA M. RODDY 9 Ridge Road Marysville, P A 17053 BENJAMIN H. YOUELL 513 Lamp Post Lane Camp Hill, PA 17011 vs. Plaintiff( s) and Address( es) Defendant(s) and Address( es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff for service upon Benjamin H. Youell. Lee C. Swartz TUCKER ARENSBERG & SWARTZ III North Front Street P,O. Box 889 Harrisburg, P A 17108-0889 (717)234-4121 ~ Date: 1 ).c dD ~~i;~ Supreme Court J.D. #07258 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:July ~~ ::l rY'~ ' . Deputy ( ) Check here if reverse is used for additional information 30668.1 '1"',,,-" :,~ ' -..~, - .~, "" .~"~~~~."' - (,'-".' .~~ ." .,. ~~'- ,",- ~-, ", ~'~O'~"'l~' , , ,~ .,.,....lOO. ""~ "~- , ' , ~ - ~ ,..,,~y"c^,~' ,-'4: """-'>-,-,~~i',_o'~~;'-,., 'n " VIRGINIA M. RODDY, : IN THE CUMBERLAND COUNTY COURT OF Plaintiff : COMMON PLEAS v. : NO. S 2000 - 5237 BENJAMIN H. YOUELL, : CIVIL ACTION - LAW Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, with respect to the above-captioned matter. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: ;//{,';o ( , , ~~ ~ ' By: /. ~~b / URKIN, ESQUIRE Attorney l.D. #29563 JOHN J. MCNALLY, III, ESQUIRE Attorney l.D. #52661 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendant , ';,i,.';''-' ,-~" __ , , _ --.'-' , ' 'Of';--';; ___~'-f'" '" CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 16th day ofJanuary, 2001. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 ~~ . ~ - ~ ~~ e n,Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP ~,.,'" ",-.-"-'^' .- '",.'C ';'<"' -.~"~,'---'"^",-'"k__;;";0;";'."_";j _',';,; "',.l,'';'''-'';' ,-,'''''''S",.,-;'- __ 0'.".", , ',-, '-;i~:bi .- VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION -LAW CERTIFICATE PREREOUlSITE 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 Youell certifIes that: (l) 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, or that said waiting period was ' waived by Plaintiff s counsel; (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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 11/;;/0 I ~--~"".... ~ ~~ , "y ~ VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Benjamin H. Youell ,intend to serve a subpoena identical to the one that is attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the lmdersigned an objection to the subpoena. Ifno objection is made the subpoena may be served, Date: ;i /1 Ie / ( / ,,/1// ,/) .I' '-::>>( ,;7".(-L,~v./'1 /U"A _ , CA.tIo~; Defendant _c - ~ , ' -..~" . ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VIRGINIA M. RODDY, Plaintiff v. File No. S 2000-5237 BENJAMIN H~ YOUELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Records Custodian for Community General Osteopathic 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 copies of x-rays and MRI films for Virginia M. Roddy Date of Birth - 07/12/1925 Social Security No. - 195-14-0653 at James, Smith, Durkin & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA 17036 (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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Karen Durkin, Esquire Address: P.O. Box 650 Hershey, PA 17033-0650 Telephone: (717) 533-3280 Supreme Court 10 # Defendant Benjamin Attorney For: 29563 H. Youell Date: k,~ Co c20Q ( Seal of the Court Ie ,Civil Division C'-. 77h::/?..r'X_/ ( Deputy (Eft, 7/97) Iit- ...""'" ~ "u.Ri\li!;im;ffi~~li~lI:li:ifr~Sdi~,ffi!Oj",f,,);l_..mY.Jilill...iilI~~f4 ",.J,',~ '".. ~. >,'. ' ,"",'iiIIlliOIt~~.~ , '"~ , 0 0 0 -1'1 C - ::Ji; ~~ -orJJ T~ -n rr~{T1 :;0 1= Z:JJ .3~ zc: w --) (fJ ;:!::.~ -"-12- ~e ::r: '\ -.::> ' -., ~- 05 ~Q .-"" Zrn __Cl ~ S\ :l"C ~ v:> ~ ~ > ",~__"'~" ""~~. _, '~< _..,. _~ 'M~," __,-_~ _, _"''''~= "-~"'","=' '~n'" ,'-' ~"'" "':~ .- VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. S 2000-5237 BENJAMIN H. YOUEll, Defendant : CIVIL ACTION - LAW 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 Youell 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, or that said waiting period was waived by Plaintiff s counsel; (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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ,#I:f ( "''''''-~~",~~~~ ,-~ t . ~-'-, ,fr VIRGINIA M, Ro.DDY, . Plaintiff : IN THE Co.URT o.F COMMo.N PLEAS : CUMBERLAND Co.UNTY, PENNSYLVANIA v. : NO.. S 2000-5237 BENJAtVDN H. yo.UELL, Defendant : CIVIL ACTIo.N - LAW No.TICE o.F INTENT TO. SERVE A SUBPo.ENA TO. PRo.DUCE Do.CUMENTS' AND THINGS Fo.R DlSCo.VERY PURSUANT TO. RULE 4009.21 Defendant Benjamin H. Youell intend to serve a subpoena identical to the one that is 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 subpoena. If no objection is made the subpoena may be served. Date: ~/llpl ,~ ~- ' ,l l<t,;,tl.j""'o .,.--- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND , VIRGINIA M. RODDY, Plaintiff v. File No. S 2000-5237 BENJAMIN H~ YOUELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian for Magnetic Imaging Center (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 copies of x-rays and MRI films for Virginia M. Roddy Date of Birth - 07/12/1925 Social Security No. - 195-14-0653 at James, Smith, Durkin & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA 17036 (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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Karen Durkin, Esquire Address: P.O. Box 650 Hershey, PA 17033-0650 Telephone: (717) 533-3280 Supreme Court 10 # Defendant Benjamin H. Youell Attorney For: 29563 Date: ):c~ C ~(;D I Seal of the Court Prothonotary ,~ /20/hP P ~ (Eft, 7/97) __' "~_"""""_"_"'_#''''~M'"..iw"~,",~",,,,,_,, 'ill.." '_........, ~ .-' ,,'~n I~', ~-l ',"" () 0 Fi ~- 0 :'1t: -r, fR('iJ " ;;::,rn :1:>.<. < -, ;0 f'-;'j ::J ;;::fi ~Z - ....:'11 c.;, !~3; KO )> -0 ;;::8 .:z: I~I;~ A: ~-!o ,f;: w om 2: " =< 'W j;;! .j:;- ::J:J -< " '.'""," _" "'~-,,,...,,-,'" "'" --~"; .'c-" "-,,.. ',,, ,'dO, '~''''''''~''''"",,,,,,,,,I'",-'' ",O,_,~, ",-,-",,i:J';;"-"'~'4,,'f',,,,,';'!" ,'._' :"""": ":','if;i ~ ~ VIRGINIA M. RODDY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant CIVIL ACTION -LAW CERTIFICATE PREREOUISITE 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 Youell 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, or that said waiting period was waived by Plaintiff s counsel; (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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 11/ ~tJ / ~~ ~~~~- ", . ~~..."- r, VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. S 2000.5237 BENJAMIN H. YOUELL, Defendant : CIVli. ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Benjamin H. Youell intend to serve a subpoena identical to the one that is 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 subpoena. If no objection is rriade the subpoena may be served, Date: ~,>I( fo I ~~//? ~-~ ~ / . c/'" a/v> .', /' L/.dA'..d~/ ,// Att ey fo~ Defendant _~w<->uol " ~'-. "" """~ 0' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VIRGINIA M. RODDY, Plaintiff v. File No. 5 2000-5237 BENJAMIN H~ YOUELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Records Custodian for Central Pennsylvania Spinal Associates (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 copies of x-rays and MRI films for Virginia M. Roddy Date of Birth - 07/12/1925 Social security No. - 195-14-0653 at James, Smith, Durkin & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA 17036 (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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name Karen Durkin, Esquire Address: P.O. Box 650 Hershey, PA 17033-0650 Telephone: (717) 533-3280 Supreme Court ID # Defendant Benjamin Attorney For: 29563 H. Youell Date: fr~ fc. ~) &., / Seal of the Court ivil Division ..~ O/"A e.- P 7:;172/7/"( J"-.. Deputy (Eft. 7/97) -~-- .-, iilil~[~!~mL~~']i!Ilj*i;.IJbiiI1$N'!!Ilj!jlSllig;F'MiJ;rl!l>_&!jljjif.a-.~~IllmI:;;'r -.............. 1 .........'~~ ~~lIIiIIiilli= 'l'IflIIili~--~- -.""",,-,,- " ~1 I . ~ '. () CI d c 'T) <"' :x -ob~ :p-... ::.:1 mrn :-'0 i+1;~ Z...,.., :ZC -,-IITl .Z? (j)~; w " -<.-;:. :~2~ r;: C) -0 ~O ::Ji: ';:c)O -0 Pc ~ iSm :z w ~ =<! +- ~ ^-'-~~~~'__'''Mr.''. ~, ~"-, ~~->~" _"_",""_'''._'', "","'" ""'''.., "' "'~__, ' ~''';j 'Ii I VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant CIVIL ACTION -LAW CERTIFICATE PREREOUlSITE 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 Youell certifies that: (l) 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, or that said waiting period was waived by Plaintiff's counsel; (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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date:-;f ~I .' ~ " - ~. "I~~,~, 11.',,; VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Benjamin H. Youell intend to serve a subpoena identical to the one that is 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 subpoena. If no objection is made the subpoena may be served, Date: ~!r /iI/ , , A/ /' .___ ;:.'''~/ ,"""'- ,A' ,1: ) " ::./7/ ",~j~;{",,<_/( ~_/ ,:Wdrney-ii5r Defendant / ~ ~. . _._.~ - ,," ,- l'~\i;~~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VIRGINIA M. RODDY, Plaintiff v. File No, S 2000-5237 BENJAMIN H: YOUELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian for Arlington Orthopedics (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 copies of x-rays and MRI films for Virginia M. Roddy Date of Birth - 07/12/1925 Social Security No. - 195-14-0653 at James, Smith, Durkin & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA 17036 (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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Karen Durkin, Esquire Address: P.O. Box 650 Hershey, PA 17033-0650 Telephone: (717) 533-3280 Supreme Court 10 # Defendant Benjamin Attorney For: 29563 H. Youell Date: ftb. ~ r!JrX'j1 Seal of the Court UO/J, C k, IVI IVISlon ~):?'i..{y ~. C Deputy '-- (EIf,7/97) +"."""".;,., ') -"-lj.~-"'-~~~~~j~~~iR"~'"' '. JltRlltJM.~.llllt'''''''''~'MiIiIliiilliB.' Illilr:' () 0 r,; c- '.,,) ""tJ~~ :::c 71 met, :r~ :::j 21+) :"0 ,:";:;-2:: :Z'-' 0S;~ ,- (,.,.) ';'1 (11 ~2 '-'-'i.'""< '-'0 i'~ 'r ~ -0 ::~() ;z::() ~ r~5 :fJ 0:;;:-'_. ......u ~ ~"'-"" C) ~ om :< :.v ?5 .r;,- -< , ~-" -,- '''', ,~,,, -" ""'--,,~, -> ""_'0;,,,, ,'","' '';',_, -:',,'_0 ti.- .' VIRGINIA M. RODDY, : IN THE CUMBERLAND COUNTY COURT OF Plaintiff : COMMON PLEAS v. : NO, S 2000 - 5237 BENJAMIN H. YOUELL, : CNIL ACTION -LAW Defendant PRAECIPE FOR RULE FOR PLAINTIFF TO FILE A COMPLAINT' TO: PROTHONOTARY Please issue a Rule directing Plaintiff, VIRGINIA M, RODDY, to file a Complaint against Defendant, BENJAMIN H. YOUELL, within twenty (20) days or suffer judgment of non pros. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY LLP Dated: j/lt/o;)- ~ By: ./-_/ ~ , , ESQUIRE Attorney I.D. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #29563 P,O, Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendants .. - ~-" RULE FOR PLAINTIFF TO FILE A COMPLAINT TO: PLAINTIFF, VIRGINIA M. RODDY '~. . You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or suffer judgment of non pros. DATED: J~ r :2(;X.)~ . I ~,,*,') ~ ~ PROTHONOTARY ~ '~ , ''-' ,__,_^, "_''___":_n ~~'~ ^o '..,' ' ,. CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Rule for Plaintiff to File a Complaint upon the following below- named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Peunsylvania this 71h day of January, 2002. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 / kin, Esquire JAMES, SMITH, DURKIN & CONNELLY LLP "_ O~ ~'-'~' ",~w " "I < .~" w,,', ',~- . 0 c> n C t......} " -~" C-_ <" ~T' ~,-- , -n ri~ll1i - Z::r___: I , 1 L:;f~__:: -, (,) ,--. DO "( ~~~ CJ '''''0 ~=~ f~~ bO W :;;-.C ~ L-: 5J ::;J (:,) -< ~j ,,~" O'''~' .,,_= '-~~"--40,^""""" ,.'__" '--' l~" ..,,"', '1 VIRGINIA M. RODDY, Plaintiff : IN THE CUMBERLAND COUNTY COURT OF : COMMON PLEAS v. : NO. S 2000 - 5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do herepy certify that I served a true and correct copy of the RULE FOR PLAINTIFF TO FILE A COMPLAINT, a copy of which is attached, upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 9tl1 day of January, 2002. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 en urkin, Esquire AMES, SMITH, DURKIN & CONNELLY LLP ,. ~ '~ ,,'","" ""CC'"4o""""""_""""""""",,,,,,,,,,c,'''''~''''''''''''' ~ , , ~"_"'"""='""^o"""",-",,,,,,,_,,,,,""''''''''_''''.'''''''"~'''"''' RULE FOR PLAINTIFF TO FILE A COMPLAINT TO: PLAINTIFF, V1RGINIA M. RODDY You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or suffer judgment of non pros, (J1~iM') ~ PROTHONOTARY ~ if~ DATED: Jd.0. P, ..(.06~ TRUE COpy FROM- RECORD III T astilOOl1Y whlJr6'J~, i h~flllmll.l Silt my hand ...'" t"& ",,' ~"'i I',.,,"'~ "I' if'''rl,"''''A .... OiI!N nu, vN ~""'''" ~..~,,~.;.- ~i. va -iNm, r44 III day" ~ , ',-~ '~ c ~~ ~'~o ""':-rP''"'''''--'''.~ ~ "iLWllliUl';i;iI.-~ , "" """'''''"'''p''" " " " " 'h, ... .." .'O'J I () 0 () C r-v -1'1 os: C_ -0 (Ie ?:;': T, m fT, z iT! z[:' CJ ~".~- 0 :~~~~ r2C.; -v L -, ~i: ZG - () .~C) ~ en Pc ~, Z ':.N :::;;;! ~ S:J -< -< tl ~-~., - ,~ -'-, ~ -, "-~"'-'-"-1 VIRGINIAM. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW BENJAMIN H. YOUELL, Defendant : NO. S 2000-5237 CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the IMPORTANT NOTICE, a copy of which is attached, upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 13th day of Febrmiry, 2002. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 ar Dur.', Esquire JAMES, SMITH, DURKIN & CONNELLYLLP . ,'" ,,~~,-, , ''''jl VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW BENJM1IN H. YOUELL, Defendant : NO. S 2000-5237 TO: Virginia M. Roddy c/o Lee C, Swartz, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 DATE OF NOTICE: February 13, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO FILE A COMPLAlNT IN TIllS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAlNST YOU WITHOUT A HEARING , AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Two Liberty A venue Carlisle, PA 17013 (717) 249-3166 Dated: 1.'" ",n"",, "___,_. , ,~"--,~-,' -- ,',-,'.' ~ " "^,-, . JAMES, SMITH, DURKIN & CONNELLY, LLP c;/I JI/I!~ I I c /' , ___,,,,Q.,,,,.'/c ,..., i"'/' .,' BY"~ ~ / . v ,)\'. ' ,,", ESQuiRE / Attorney LD, #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 . P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant '.;&. ~~JII--~"-'~ i~l.LfL!J "-~~~ij:u ;^ .n u-iJ '~'>O"'~" ,~"C --,,~- ,~,' ""lIiliIiIIIiUJ:/Jir . o c: -;: -..;[j~ nln" 7/'"1', ~ZL ~~E ~~ :z: -~ -<: c::; i'-.J ~'-n ;';'"1 8:1 c') -r:;. ^>' . ~-' ,~ i~f:;' U1 ": ~ ~> '~~"""'I' .' VIRGINIA M. RODDY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. S 2000-5237 CIVIL ACTION - LAW BENJAMIN H. YOUELL, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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 TillS 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, P A 17013 (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. ;'^ .. , 'U1:),;; "3'~'.' c LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 TUCKER ARENSBERG & SWARTZ BY~ Q;;fu~ Lee Swartz Attorney I. D. #07258 111 North Front Street P. 0, Box 889 Harrisburg, P A 17108-0889 (717) 234-4121 Attorneys for Plaintiff Date: a{/~JD;:J, ,- ~~ -"- ~,,", " ~ VIRGINIA M. RODDY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. S 2000-5237 CIVIL ACTION - LAW BENJAMIN H. YOUELL, Defendant JURY lRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Virginia Roddy, by and through her attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant Benjamin H. Youell, and avers as follows: 1. Plaintiff, Virginia Roddy, is an adult individual residing at 9 Ridge Road, Marysville, Perry County, Pennsylvania 17053 (hereinafter known as "Plaintiff'). 2. It is believed, and therefore averred, that Defendant Benjamin H. Youell is an adult individual who resides at, 513 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter known as "Defendant"). 3. This Court has jurisdiction over this matter on the grounds that the facts and circumstances of the automobile accident giving rise to this action occurred on August 2, 1998, on State Route 11 & 15 near the exit ramp to State Route 81 in East Pennsboro Township, Cumberland County, Pennsylvania. 4. At approximately 4:29 p.m. on August 2,1998, Plaintiff was a front seat passenger in a 1998 Volkswagon BeatIe being operated and owned by Jenny Campbell. (hereinafter referred to as "Plaintiff's vehicle"). ... ".~,~ "'...... . .' " 5, At the aforesaid time and place, Defendant was the owner and operator of a 1987 Ford Ranger. 6. At the aforesaid time and place, Defendant's vehicle was traveling in a southerly direction on State Route 11 & 15. 7. At the aforesaid time and place, Plaintiff's vehicle was also traveling in a southerly direction on State Route 11 & 15 behind Defendant's vehicle. 8. At the aforesaid time and place, Defendant in an act of road rage operated his vehicle in an unsafe manner such that Defendant two times prior to the accident brought his vehicle to a complete stop and the second time, he put his vehicle in reverse and opened his door, as he was travelling south on State Route 11 & 15. 9. At the aforesaid time and place, the motor vehicle operated by Defendant was in such an unsafe manner that he recklessly locked his brakes up for the third time bringing his vehicle to an abrupt stop causing the motor vehicle in which Plaintiff was a front seat passenger to slam into the rear of Defendant's vehicle. 10, At the aforesaid time and place, Defendant failed to exercise ordinary care for the safety of the Plaintiff, in one or more of the following ways: (a) Failing to have his vehicle under proper and adequate control at all times; (b) Defendant failed to wam the operator of Plaintiffs vehicle of his abrupt stop on the roadway; (c) Operating his vehicle with careless disregard for the safety of other persons, including Plaintiff, in violation of the Pennsylvania Motor Vehicle Code: 75 Pa.C.SA ~ 3714; and (d) Failing to operate his vehicle at a safe speed pursuant to the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. ~3361. - "\i~illit'_,,' " . ~ X~ - '"L I " .+. 0-"- ~~ - "~"-",)E;E,",. , 11. The aforesaid collision was caused by the negligence, carelessness and recklessness and wanton misconduct of Defendant and was in no manner due to any act or failure to act on the part of Plaintiff. 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe permanent injuries that include, but are not limited to, the following: (a) Right-sided cervical ecchymosis and pain; (b) Right and left knee contusions and pain; (c) Aggravation of pre-existing right and left knee conditions; (d) Lumbar strain and pain; ( e) Paravertebral spasms; (f) Left-sided muscular chest pain due to seatbelt injury; (g) Trauma associated with an aggravation from the increased stress to the L2-3 area; (h) Aggravation of pre-existing degenerative disc disease; (i) Acute traumatic herniated disc at the L2-3 area with lumbar stenosis above her previous fusion; G) Active lumbar radiculopathy at L4 through her right lower extremity; (k) Abdorninal pain; (1) An incisional hernia along her left side as a direct result of the L2- 3 anterior lumbar interbody fusion; (m) Trauma to her left knee that ultimately resulted in a total knee replacement and a revised total knee replacement; ~",,' -~,~,~~-, ,., ~~~'''''' '. (n) Ambulatory dysfunction due to a left total knee replacement arthoplasty and revision; (0) Dyskinetic gait pattern because of right and left knee symptoms; (P) Trauma to her right knee and underwent an arthroscopic debridement of her right knee; and (P) Various other contusions and abrasions. 13. As a result of the injuries, Plaintiff has suffered and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, embarrassment and loss of life's pleasures. 14, As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in her normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer great physical nervous, mental and emotional distress. 16, As a further direct and proximate result ofthe aforesaid accident and related injuries, Plaintiff has and will continue to suffer impairment to her health, strength and vitality. 17, As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances and household care beyond that which she might otherwise recover. ..'-~.. <, ~ ~ ~~. ~"~~, '~~'ki; , '. " 18. As a further direct and proximate result of the aforesa,id accident and related injuries, Plaintiff has and will continue to suffer other financia110sses beyond that which she may otherwise be entitled to recover. WHEREFORE, Plaintiff demands judgment against Defendant, Benjamin Youell in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully Submitted, TUCKER ARENSBERG & SWARTZ BY~ Qi:~ Lee . Swartz Attorney J.D. #07258 Dated: .1.[ (6(6~ 46784.1 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF J"" - ....... , , "' '. -- , . '~'('>>'i"-'I',' ". VERIFICATION T, Virginia M. Roddy, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. ~P':V~ -f~- Virgini . Roddy 47308.1 - "" ~ - - ~~i"~6"'" ", CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2002, I, Cathleen A Kohr, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certify that I have this day served a copy of a Plaintiff s Complaint by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Karen Durkin, Esquire JAMES SMITH DURKIN CONNELLY LLP P.O. Box 650 Hershey,PA 17033 {l~A, K~ Cathleen A Kohr ~ " . <~ ~~ - -~-- IilI, u~~ K~~"""~^"'""""*'l\t~iN'I'lflWll.~~'''''-'''''-''''W'i!il!iii'-'~-~'-'II!iliIliIl~.Jlll () 5;.: ri~ ff -:;:.-: ~'I~, f;~ j~~- 1~: 2' -.j -<: -- ~ .~, . ," "-"''-1iIII'''''''' -q ~:'; ~-..c:-, .,)^ ~~" "_v ~.,'--,. r::~j <.,J '-:::::} :JJ -< '..~-) (;:, '. "," , ""' ,."., ~,---, ' ",. -..', ~i! I ~ Ii; 'f " .' I ~ VIRGINIA M, RODDY, Plaintiff IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS v. : NO. S 2000 - 5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: PLAINTIFF, VIRGINIA M, RODDY, and her attorney, LEE C. SWARTZ, ESQUIRE YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you, ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Benjamin H. Youell, by and through his attorneys, James, Smith, Durkin & Connelly, LLP, and answers the Complaint of Plaintiff and avers New Matter in response thereto as follows: 1. Admitted. 2. Admitted. 3, Admitted in part; denied in part. It is admitted that the alleged accident occurred on the date and at the location averred in paragraph three (3). The remaining averments of paragraph three (3) regarding jurisdiction are denied as conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. "c_ 4, 5, 6. 7. 8, 9. Y"",'" '---',-":",. ,ji " Admitted in part; denied in part. It is admitted that the vehicle involved in the :1 i :; , i j i ~l I , j I I I 1 j I i I J I I:! accident with Defendant was owned and operated by Jenny Campbell. As to the remaining averments of paragraph four (4), same are denied, After reasonable investigation, Defendant is without information sufficient to form a belief as to Plaintiff s alleged position in the vehicle at the time of the accident and strict proof thereof is demanded at trial. Admitted, Admitted. Admitted, By way of further answer, the vehicle in which Plaintiff was a passenger was following Defendant's vehicle while traveling on the roadway and in the direction averred in paragraph seven (7). Denied, The averments of paragraph eight (8) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. Denied. The averments of paragraph nine (9) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 10, Denied. The averments of paragraph ten (10) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. (a) Denied. The averments of sub-paragraph ten (IO)(a) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. '., , -,'~-;' '"." '" """.,',r ";,,, ,(,,~',c i;"';"";";;;;',";;'!'4';"";;;;'C;;;<, :i';;""',, ,',,' "c; ;""';'"'''"''''''' "'ill'''; . ... . "." ,. . . . . ,~:::.:o-~,,>;~,'~'--i.::r,0..;;:;,;;c.::<i'~~-;;~:>b,,;'l'i;i;.c . .. . II .. I I. I , ,~-- .' <" , ;,;.G;"";",,,,;,,;,,;,q,! ~! ,---,~,,-,' " ' (b) Denied. The averments of sub-paragraph ten (10)(b) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at triaL (c) Denied. The averments of sub-paragraph ten (10)( c) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at triaL (d) Denied, The averments of sub-paragraph ten (10)(d) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at triaL 11. Denied. The averments of paragraph eleven (11) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL 12, Denied, The averments of paragraph twelve (12) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL (a) Denied. The averments of sub-paragraph twelve (12)(a) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL (b) Denied, The averments of sub-paragraph twelve (12)(b) are conclusions' oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL (c) Denied. The averments of sub-paragraph twelve (12)(c) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at triaL -,:w_> .' ,'"-- ',-, .,. ,,' .' .,....',,'.., ,,' ~. ";''':)0' ....A.' , ;,..> d' ..... . ,~.' ":,,,...:;.:,,;, ,~ '." C..';. :.L,\)~;.,~,:.'i:':',':":;""::,,,"',, . ;.,,;.;.,: .' ,. ..-<~ ^~ .,,- ..~, ~ .. ~ "'-;"',;-\i'" 'j'",--,,,,", :,;',"__;;"";" '~i,o' ~",' ,', _'.., ." '-,..-,~ , '-~>'" f .' (d) Denied, The avennents of sub-paragraph twelve (12)(d) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. (e) Denied, The avennents of sub-paragraph twelve (12)(e) are conclusions oflaw to which no responsive pleading is required and strict proof thereof ii I' , Ii !j Ii r', Ii :1 \, iJ I' ,;J :1 is demanded at trial. (f) Denied. The avennents of sub-paragraph twelve (12)(f) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. (g) Denied. The avennents of sub-paragraph twelve (12)(g) are conclusions of law to which no responsive pleading is required and strict proof thereof 11 ij :1 il II i 'I I ~1 ) 1 j I I is demanded at trial. (h) Denied. The avennents of sub-paragraph twelve (12)(h) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. (i) Denied. The avennents of sub-paragraph twelve (12)(i) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at triaL G) Denied, The avennents of sub-paragraph twelve (12)0) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. ",,",' ",,' " "~,, j, ,," ",,,'i,..;",C",i.,,",,;~,,,,,,,, "w"" i: : ">'i","",",,,,,;,,, "L"" l..,,<., .,,-~ -" ~-',~;,,' Ay",,,'C"";'''''',,,,,,,,,j''j,,je,, <<iJ:,J""",,,::',,j,,,,,,~:,;Ci,,,,,,,,,,,j,,,',j''''''';'',,,'''' j'H"~",,,"", ""'" ,,'k,"" ...' "" "',,",, '. I . , '<'-- - ~-;,' ~,- ',',' ' ., '-,':--- ",' ,,". :';-,.i-' ,-- "',C- I , r'i !:! h ;:i r1 ,,"'<' ." ~, " .' (k) Denied. The averments of sub-paragraph twelve (12)(k) are conclusions oflaw to which no responsive pleading is required and strict proofthereof i; ::i t:' [,I I': (! i~ 11 P ii I, i:j ii! is demanded at trial. (I) Denied. The averments of sub-paragraph twelve (12)(1) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. (m) Denied. The averments of sub-paragraph twelve (12)(m) are conclusions , , " , ~ i ;~ oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. (n) Denied, The averments of sub-paragraph twelve (12)(n) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial, (0) Denied. The averments of sub-paragraph twelve (12)(0) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. (P) Denied, The averments of sub-paragraph twelve (12)(P) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. (q) Denied, The averments of sub-paragraph twelve (12)(q) (erroneously titled (12)(P) in the Complaint) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. '1-- , ",' . """""".od".'i(i",C:;i,.,;"",,,i',i.,U';;,iic"i"".cKi',,, i,Oi.' ,ii i4i,i,.",/i"i"..i;idiii""" "'ii,i,.,;,",">;"",;';;" "k;,' "dii,',,',' ." '. "~(j"-J~-~,',,IL"",-7'"'~'_'_,",2'<, m.L~,.."",,, ~-. "" ~'" <0 ~p,_, __, ' '''', ONO ,,,,,',, ~ , , - -,'~-" ,- . -~ '-,- , -,' "c": . _,'L.;,o'o,.,_:' ~t I"~ which no responsive pleading is required and strict proof thereof is demanded at , i I II II 1.'1 I I :1 1',1 , , " ,I 'I I, i! 1'1 1:'], , I " li II 1 :1 ; 13, Denied. The avennents of paragraph thirteen (13) are conclusions oflaw to trial. 14, Denied. The avennents of paragraph fourteen (14) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL 15, Denied, The avennents of paragraph fifteen (15) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL j 1 ;j , I' I I ~ II II II ':1 i I ,I il II !I 'i '1 J ! 'I 1 I no responsive pleading is required and strict proof thereof is demanded at triaL 16, Denied. The avennents of paragraph sixteen (16) are conclusions oflaw to which 17. Denied, The avennents of paragraph seventeen (17) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at triaL 18. Denied. The avennents of paragraph eighteen (18) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at triaL WHEREFORE, Defendant demands judgment in its favor and against Plaintiff, together with costs, -~A;'~ ~ 'c", . " .." ",,, ~"..","" "'XC ,,'1';0"0,\..;0,>'" , \'J'" """." '",' "',J',,;;,,,,,,,,!X..C;.;;./,,'i "" 1, "".,,,",,,' ,',' , ,."" ""j,",,' ~ ""''',,,,..'' ." , v.' "c.. "" ';';;;~" ',;" , .,... \,::':':d "":~l".'- ,~'-,-'~J JJ_.BlllLVl'-."c .,If.. _ ~>"" ,-,_~" ",,,. . ,,~"-, " '" --..,-, ""- ill -;:,____-,." ,'C-,'",- "C_'_'_" ,-- '->";-':~:: - ,~,,;_, ,""<,__.";'"~ ',,',,0 ___ ' ,-,'. " :, .~ "-'-, ---" .' NEW MATTER 19. The averments of paragraph nineteen (19) are incorporated herein by reference as \ t ~ I :1 11 if if set forth in fulL 20, Plaintiff's Complaint fails to state a claim upon which relief can be granted. 21. The Plaintiff's claims are barred or limited pursuant to the terms of the following Defendant's vehicle too closely prior to impact, thus precluding the , I ~ ~ II 1 I II 'I II ij \I " II ~ , II Ii II II II i " , " ~ 11 II I II I Pennsylvania Motor Vehicle Responsibility Act, 75 Pa.C.S. ~ 1701 et sea., the provisions of which are incorporated herein by reference. 22, Plaintiff's alleged injuries were caused in whole or in part by the actions ofthe driver of the vehicle in which Plaintiff was a passenger at the time of the accident. 23, The vehicle in which Plaintiff was a passenger at the time of the accident was vehicle from stopping in the assured clear distance ahead. WHEREFORE, Defendant Benjamin H. Youell respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff, together with costs. 'N, , ~ '~'" o ~"," ,'i- ~:,'';;:;~:,;'2:::''_:::'.,;'" ),' ,; ~\'; ~h;;'::J:' ,';i"<;"\g,,,"",~,,;,:'~~ 1:itJ.'",:,,;;: 't,_iIL,.,c ," .-- , ~~ , ". ~., ,";""",;"";:;",,,;,,,,,,;,,w;,,,~,,,,,,;; """"',," ;,'C',. ,. ',',~,," " "''''''"''''1 .' .' Dated: -,/!!A/rA'.k/1 ~t?;- By: ii !i i ~ i' " i-; !; :; 1 I" Ii Ii " , Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP ~.w D , ESQUIRE ttorney LD, #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 P,O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendants '~ , , . ".. ,,', ,..,", , ',.,',' " '0" " -', ,"" ,,1,)__. '_"'~'_ 0 "',f~ ^-"""<~,"f'(-_"'~.'i','" "..,,-,,":- ,-,:~-, ".," ,~,~. ' ,., '<, '-.~< .. "Cli( i-.>,.b.' ,1";""- " '"" ",''''~'",,'' " ~. " 8 ,,'on' ~ .' .' VERIFICATION The undersigned, Al Thomas, Power of Attorney for Benj amin H. Youell, hereby verifies that the facts set forth in the Answer with New Matter are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ Attorney for Benjamin H, Youell . ''_-' "'-'_.h' -, -" ,,','" ,. - - -, , ' . , , -, ; , .~-.>,', ' .-,/-;,,' , ',:~", >' - ,'~~ -,' -. -.~, '.' . . , VIRGINIA M, RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW BENJAMIN H. YOUELL, Defendant : NO, S 2000-5237 CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the forgoing Answer with New Matter upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 14th day of March, 2002. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O, Box 889 Harrisburg, PA 17108-0889 aren urkin, Esquire JAMES, SMITH, DURKIN & CONNELLY LLP " ",-,~ 'l.' ;,; I.; '1 ;, :! i,; i' :! '; :j " Ii " " n [1 i'i n , " I' !] U Ii j-I i-\ H Ii 1,J 1! i'i ',I H Ii ,! Li :1 1-1 I: " !'i ill'. , ~",~:,~,~"C'""'"_'~"" , , V',v '-,,' . .,"" ,~~ "<~ ~,'- '" ':i' ,F.,:f, fe,::'::;'''''''''''''''':':;'''' ';";''': d.: < ;.,e';..;k'i:: '.,' .'.,',1'=,"...;';""'" ";"";""fk" ,>;"". ..,., ,.,'"j o ~;,; .,: ,~~~~', cn ,'-~ r:: ('; )> ,'--, ",i''-_-: ",-:r \ >.~--,' Z __I -' -~ ~- -',--,"-,~, '- " , o \'---, . Q .. :"'-,.. "J ,---I " i;i~ ::~:-:~ _,I ~. ~ (-~\~,~ >':':))~ .-;.-( ; ;~\TI 5..1 -< .r ~;:--:;_. ~ ,.0 ~ =~ " ~-- -'''( '" ORIGINAL VIRGINIA M. RODDY, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. S 2000-5237 CIVIL ACTION - LAW BENJAMIN H. YOUELL, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MAHER 19, This paragraph requires no answer. 20. Denied. It is a conclusion of law for which no answer is required. 21. Denied. It is a conclusion of law for which no answer is required. 22. Denied. It is a conclusion of law for which no answer is required. 23. Denied. On the contrary, it is averred that the Defendant slid to a stop in front of the vehicle in which Plaintiff was a passenger. He then put his vehicle in reverse, causing the operator of the vehicle in which Plaintiff was a passenger to believe that she was being run off the roadway which placed her in a situation of sudden emergency. As a result, she tried to engage in evasive action and struck the rear of the Defendant's vehicle. By way of further answer, it is averred that the Defendant told a police officer that he was trying to teach the operator of the vehicle in which the Plaintiff was a passenger a lesson. TUCKER ARENSBERG & SWARTZ ~~ By: \ c;;;( L C. Swartz ~ I.D. No. 07258 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR PLAINTIFF .""~~ '.,i LLM<L'lilWl._~_Ii!"'P"~""~~~.;}jjj Y',~ ;--;~I,""-"--~" " ';~ -F,' '~".___ '~18~'~"""''',_~",~__~,,~,_",__~ ",<,~ .,".-,,"," --,,~"' ,~,~, " ~ .........~ '---~"~' . , " "1lIIi.i;." ... ~ ,", " . . ~ ~, c VERIFICATION I, Virginia M. Roddy, verify that the facts stated in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C,S,A. 94904, relating to unsworn falsification to authorities, Dated: iJ,;;) / ,,:J.- ,2002 I x 1?!~;'';/4>. If <rl'7 Virginia . Roddy ." , .""1])'1 . . CERTIFiCATE OF SERVICE AND NOW, this :3d day of April, 2002, i, LEE C. SWARTZ, hereby certify that I have this day served the within Response to Production of Documents by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Karen Durkin, Esquire James Smith Durkin & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033 gerf=1 Lee C. Swartz JW."' If"- ~, -"',~"v .> '~'"L , <~ c ~. ," =~~ ~,". " ~ , . ~.,-- " , -, . "~J d--" . '...W~:Jj~r.i~-r ~.~ I.' ,~ lIi'~'O.." ~. -> -- '-, "~ .~ .A' . () <::) 0 c: N .,., ? ;po --1 4"~_ ;I::n u('1:) -0 f'!1m ::;0 ", Z:n I ~:~ld tis;: vo ~.~ 1 -=<2, '':::if.r2 r:: C) ~"" 1:;--Ti '<: ~O ::lC C)C5 '? 2m -.0 Q. ):>c: z: l"" ~ =< w ~ , ~ . fUl ,-"., ",,,,,,,,-:..;,,~ ~5,:;:: _"-~~~:' ,'--:",:-> :-,--, --"-'- --','P.-r L"'~~ ,i-.-;'~' ".,~, '';'''," ,,,' .~ ,,-' '",I I I , , "". VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYL V ANlA v. : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW PRAECIPE TO FILE CERTIFICATES OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Certificates of Service to indicate that Defendant's Interrogatories to Plaintiff and Defendant's Request for Production of Documents to Plaintiff, First Set, were served upon Plaintiff s counsel on April 23, 2002. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: i~,:t- By< N D , ESQUIRE Attorney J.D. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney J.D. #82629 P.O, Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiff .. .. VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYL VANIA v. : NO. S 2000 - 5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Defendant's Interrogatories to Plaintiff upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this :2 f day of April, 2002, SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ III North Front Street P.O, Box 889 Harrisburg, PA 17108-0889 /:'/~ ~J ;/--! . / Dur ' ;Esquire JAMES, SMITH, DURKIN & CONNELLY LLP ~, ,.' . -" "-~w"-',," , VIRGINIA M, RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA v. : NO. S 2000-5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE " I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Defendant's Request for Production of Documents Directed to Plaintiff, First Set upon the following below-named individual(s) by depositing same in the U.S. Mail, postage /-",?,s:;, pre-paid at Hershey, Dauphin County, Pennsylvania this ,:"-~? day of April, 2002. SERVED UPON: . Lee C. Swartz, Esquire TUCKERARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 en 'n, Esquire AMES, SMITH, DURKIN & CONNELLY, LLP ::;;; , . .,. ,~, r, .".," '" ">;.. "-,.- ~'-;;"'"lh'",,~O '"'--~'^ :~ -, . c.U~, ,~' . ,~. c_ , ",..,,, """'~" ;". , , " ~ ;" ," (') C;;, () c: i\...j -Tj ~ ~ ." rL: .-.. ~~o Q1(r, :::::0- ;n ~~_.il ."0 :-'1 ~,~ , c, 'r c; t~l ~f! .~!--. :~?0 - ;'-j "i S ''v ::.~~ -,; (.11 ::0 -< ~ VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYL VANIA v. : NO, S 2000-5237 BENJAMIN H. YOUELL, Defendant : CIVIL ACTION - LAW PRAECIPE TO FILE CERTIFICATES OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Certificates of Service to indicate that Responses to Plaintiffs Request for Production of Documents and Defendant's Answers to Plaintiff's Interrogatories were served upon Plaintiff's counsel on April 23, 2002. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: t/#r ~.d D ,ESQUIRE Attorney LD. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiff , ~~ ' ci'"-,,j ',,,,,;~',,,--L,; ,~,',,-,-' ' ,~--,,^ . , , _ ,',,~' "---~,, ." CO" C-o,-""","' ;''/4'_~_'''' "",.~,)"",:>, -.' ,,~ .' ", "">,' '-;,C,'-;".", '" ",,",,- ",,,,,, '-"" ,~, C', ,.,'''',, , ." '~ "<;., " ~ __ _ d i 'I I "" ,__~, ~ "', VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v, : CIVIL ACTION - LAW BENJAMIN H, YOUELL, Defendant : NO. S 2000-5237 CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy ofthe forgoing Response to Plaintiffs Request for Production of Documents upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this Mclay of April, 2002, SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ III North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 ar . , Esquire JAMES, SMITH, DURKIN & CONNELLY LLP ", -;"'...,',:i VIRGINIA M. RODDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW BENJAMIN H. YOUELL, Defendant : NO. S 2000-5237 CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the forgoing Defendant's Answers to Plaintiffs Interrogatories upon the following below- named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this ,.;2l; day of April, 2002. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ III North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 , , / /-, .I'; / //, _,-L-.,,//~,. / .4. C. ,~ " ,,~~_4./t./k...-- !aren qurre /JAMES, SMITH, DURKIN & CONNELLY LLP ~." ~"-- =~,~~, " ,--, ,^~ . ~~ ~ ,,' <~, '--" > , . ,~ ,1 , -" '1iIiililii ~>' ,"'" () ,~ ~? c f'0 =<' :0- ""'0 CC -U fll ("';; ::::-0 -:'1 :z: --_'-i r:-":: Z (: ';'0 ;-'p rn ::;'~ L:-r ,----: ::<. , I r::: C; ~~ ~;; "0 Z C,' - j; C' " ,~ " -- - c: ' , Z -'-I _J '.) ? " ~' ()'I -~ -'. ..< " "I r;~ .oJ ." ~. " ~' , < ,~"--;- .,~ . . , ~'''L i I VIRGINIA M. RODDY, Plaintiff : IN THE CUMBERLAND COUNTY COURT OF : COMMON PLEAS v. : NO. S 2000 - 5237 BENJAMIN H. YOUELL, Defendant : CNIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned law firm on behalf of Defendant, Benjamin H. Youell, with respect to the above-captioned matter. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: ;/?# 3 By:~J . DURKIN, ESQUIRE Attorney J.D. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney J.D. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 '0 '" __~--,,'.' . -, '\"- '~'-'-' , , .,',-, VIRGINIA M. RODDY, Plaintiff v, BENJAMIN H. YOUELL, Defendant TO THE PROTHONOTARY: . _-"~"--..-,_='", ,i,,~;H'J..i "'--il- .,c.__c.C;,,:;,,'_;'. " ,"-',",', : IN THE CUMBERLAND COUNTY COURT OF : COMMON PLEAS : NO. S 2000 - 5237 : CIVIL ACTION - LAW ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned law firm on behalf of the Defendant, Benj amin H. Youell, with respect to the above-captioned matter. Dated: ~/~ ().3 Respectfully submitted, By: q- JAMES G, NEALON, III, ESQUIRE Attorney l.D. #46457 301 Market Street - 9th Floor P,O. Box 865 Harrisburg, P A 17108-0865 (717) 232-9900 Attorneys for Defendant ',' ''-' ,-,,,,'< ..-": ' , " '~ ", ,~ ~', - ", ,.-"-, ~. ~,~,~, .,-,-, ^ -~',":\:'~::~-::i2;,~~: '- '~ c __ "0.:',"" .;,:'_::~;;;~ , CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy , of the foregoing Praecipe to Withdraw Appearance/Entry of Appearance upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this H_ day of January, 2003. SERVED UPON: Lee C. Swartz, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, P A 171 08-0889 ~~ are kin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP " "" - --, ",' '~ - ~~-- "',,,--,.. '''C... "";""")""k'''''''''''''''''"A>..' ,.,. , ,,..'..,""""" 'C....,_,.,,; Ii I i > 0 ~ C-" ~ .) C W ~\l ~~. -orT:; :::~ co 6' :-:2: 1'-:-; .L--,_', ~, ZC " (~:l 01 ,-~~,:~ CO "L, -"'.....;-:, "'-'-::':' ~c; ~-c -" ~.~ ~.._, _.t:+ :.:,~ ("5 :5b cjrn -c ~,"---t Z l:"" 'J> :< :0 (::d ~~ >1j ,-- >' " 0"", 9. Virginia M. Roddy : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Benjamin H. Youell : NO. 00-5237 CIVIL TERM ORDER OF COURT AND NOW, Aprill, 2003, by agreement of counsel, the above captioned case is hereby continued from the April 28, 2003 trial term. Counsel is directed to relist the case when ready, By the Court, Lee C. Swartz, Esquire For the Plaintiff James G. Nealon, III, Esquire For the Defendant . ~~ <{_03.0.3 Court Administrator ~ ld ~,. ~AlllitiJt.t1~ij:iiIIl'~.!i.lm'mt~it~<>i~~!liIlllil1~Il\1l'-'.~ ~r~'~ \ -ll!IIiilili.dllilld *- . ~I" fM:".";.'''''''''' ' ~j 0 0 0 c: w ;;;: -n "'Ur:o ""* .,-\ rnn- " -1'~ 2-D 00 _::;~-n "P ~~{ ! "ol'n (..,,,,'" :";:]0 ,'~'" j ,.,-> C) V ~-n I"~"'" Zc ~ '3~O S>c: w [3m ;-~ o~ :~ =<! <J1 :D -< ~ "'" ~ - ", , - ~ '~IMO' "'~ JiIlltj-'~<J",;". PRAECIPE FOR LISTING CASE FOR TRIAL ORIGINAL (Must be typewritten and submitted in duplicate) TO THE PROTHOl'VI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) VIRGINIA M. RODDY, ( X ) Civil Action - Law Appeal' from Arbitration (other) ( Plaintiff) vs. BENJAMIN H. YOUELL, The trial list will be called on 6/1 0/03 . and ' Trials commence on 7/7/03 ( Defendant) Pretrials will be held on 6 /18/03 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) Civil S~2000-5237 19 No. Indicate the attorney who will try case for the party who files this praecipe: Lee C. swartz, 111 N. Front St., Harrisburg, PA 17101 Indicate trial counsel for other parties if known: James G. Nealon. III. 2411 N. Front St., Harrisburg, PA 17110 This case is ready for trial. Signed: -=tPQ ecJ',~ Print Narre: Lee C. Swartz Date: 5/15/03 Attorney for: Plaintiff _.,.,;'...'lifl:!i.ililm,.~.l~~ii'j~iMiIir?!,[~-iill*',';ii\!~""~"",~."w.$-,_~'-,,;;:;,;!~..,,~!\iI-W,~'1Jl!iliW!lI_~!!!:i;!liI~~~ ] ,."'i ,: g \,.) ,"--,' ,'"" ~,=r_~~",~ ,~'~_^_'7, '~""~""'~' 0, ~--, ~~ - ~ ~ .~ -~ ~ & I 'ilL ~' <~~' II () C:J 0 C e">.:,,, " $::: :::g .-j ""t'i"i! !J')6-"' :j>,," ,~r: ::D L:...:,t, "~c: ;T-; 2: r"" "! en en 0', '-;, '" -< ; C " -', C) .-. '-' -r\ 2;: C~ ~, )I~~ );::> C :.,:) m S..- '..) ~e 4~. ~";" :~j en :0 -< 11