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HomeMy WebLinkAbout01-06918 JOHN P. aLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001- (, 'tIt CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, John Rosenberry, and enter my appearance on behalf of the plaintiffs, John P. IIIo and Janice L. IIIo. Please direct the Sheriff to serve the defendant as follows: Mr. John Rosenberry 1000 Mayapple Drive Shippensburg, P A 17257 Respectfully submitted, By: December 6, 200 I To: JOHN ROSENBERRY You are hereby notified that John P. D10 and Janice L. D1o, his wife, plaintiffs, has commenced an action against you which you are required to defend or a default judgment may be entered against you. ('", To" tP. P!"T~O;ARY By: r/.A.L O. In,((), ~ f DEPUTY Date:~ 7 ,2001 '"c",y~'<,~ ',~. " ""'.Y'-" ",,,"',~,h--,.,,," . '~_',. ",. ,--,_: ---;"1,'_- "~',<"""',',,,., r- ,~,'~ ,.~,' ,'''' ~ ~';'"'_~"__'C"",,,, .._. >';'O"~"", ^" ''''> ,,-,_,~o ,>~"..cr-' '1111/"""""" .,,, IljrIlllll1I;'HiJ"j"" r ~ ~ ..... " 'l-> ft ~ -<> (r, ... I-J f-> t "" 0 ... -4': !'> (j ,'(' ,~ '" '" ,~---, "<-, -?'7i'''i~_~, ','~ .;~~~~,!~~'~~~~f:"'_=,~,., ~~ ~ .. -"'1, () ~.:~ <- ~B~1 05~- ;Ji ~-::. :::;! e o ('. -'(~ ~::J 1~'1 C') f --,'= .,......! ;t:!:1. -';"'" (')"7 :D -< .-r"'#!W,~~"",~_.~~~--~,'~~, JOHN P. ILLO and JANICE L. ILLO, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6918 CIVIL TERM JOHN ROSENBERRY, DEFENDANT JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros, Respectfully submitted, l' By: Andrew C. Lehman, Esquire--- Atty. !.D. #8l937 2411 North Front Street Harrisburg, P A 1711 0 (717) 232-9900 Date: 12/26/01 RULE TO THE PLAINTIFFS: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: 1:1. /:;1/01 I ( ~ !' 0A,~;fo1,_., --"',. ','~~~'-,0':~_ :_, __>. ,__,,,,,,,,~'_""'" ~O" ,~-m,E"'~__ "",."" ',,'1~~""."R,,__,_,_ ~,_ , ,t;",,{,.,3h--,>!'__"l'_~""_-:'" ,.,-v~.,,,,~ _~, . '-'h ,,^ ','_"~'""_',.'_. __,~. ,., ==_'>~""'_~_,,~~'~'-"'~' ,. ,~_, " " "","'""" ,', ',"""",_~",'~"~_, ',_~ _ ,_,_"N,"~" . 1-' " ~ '" ,,"'", 0 c , " llD,rll ,'.' _~~ -.< ,'. -. ".~' \";;" "0 '~-"'<.;,,.;-, 'A"."'--"':"-'.. ..... ,.,~,'~",.~,"'C n 'i"~',_ " ._.'11I '9<-;",4-. "_",,,"'_lA"-> . " 'fjrni::fi'~ () D 0 C -'''I s:: '::> '-! ;;gtr; l''I"J 2fT'! CJ ::J:; :Zr'~ "> (}))J; ....., ~~~:~ :s:::l..J ....:J ?io ::n.: ;~r)1 ::sa 'Y c ',~ ~ ~ '" -"'.s :iJ .c- "" ... ~).I~~l'T{.r -:' ?-"',';', , -~;.. f;li~l:-"~_--- ~ ~_,!!!,~_lI_ _, -'""~'"',.~~c, "J{'~ 'f'l JOHN P. ILLO and JANICE L. ILLO, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6918 CIVIL TERM JOHN ROSENllERRY, DEFENDANT JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, John Rosenberry, regarding the above-captioned matter. Respectfully submitted, '" By: . Andrew C: Lehman, Esquire Atty. !.D. #81937 2411 North Front Street Harrisburg, PA l7110 (717) 232-9900 Date: 12/26/0 1 ii- ;!.-';j, ::,","" ">,~,_ ",'""P"'""""_'Y"- Y-!F,c""~~~?"-' ""':':",,;;_':;_,1<,10"0'" --O'r:"I:T<'~' ",",-C_'.',__5/_" --"'-0'/-", "q- ,-~:- ,<' ,_1-,'1 "~ _, ~,__',,_ 51',_,'-", ,..'C- _''"''4",""" ,'" J,-,', "H' ",'-~" u-c__",~ - ,'C~., "",.." '-""'c"~,~",,,,,",, "~I ~ CERTIFICATE OF SERVICE AND NOW, this 26th day of December, 200l, I hereby certify that I have served the ~j ;1 ti :J ., foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: " i ;j i H :1 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A l7013 :j ij i-! , 'i ii i1 !; ~j , "i i1 ;1 0;' ,;, ;,H4!'~~-- """, ",I'~""!'O;""~' Y><~>'07':'7"'''S'':':-',1';~'-")'l---''-~--'' ~-,"-~_" , "1-W:-Y'7F"!'c ":',;-'''_\ '_~:-!C'f'F'_'~'-"~',j'_, ,~,Wg '".""~",~~" - , ~"_~'" ',"',,,<'.._~,,'_c-~'; '-~ ~"~, ''''\~:)-'~'''' ",' h \ ,_ ,'" ;,,-p-~,:, _,__,' ,~,.,', "",1'!:' ~~, , ", .. c'!"',''''' ~ c,' ,.... '-~,' __~, __^C"''',O,"~,,'___';'~ ,_,~' S' ,_~" , ".,- ~ , "',-0 '" H ,,,, '-- ,,",--~p '''W~_ "-""~-.., ~_..' ~"""""~-"''-'''''~~,k'''''-'-llilj~ili''i'~-oi 'y,",,':IF' (') C:: ~ ~[f ~;L OJ':h ;:$;;' jC) ~B C:: <: :::.! c-J - () -,'1 o T'T'J ~' . J ''"' .....1 ::'? -~ , !"-,;}J ";;",Qj .~.' '_I ;i~$ z:}M -~ ?E "" 1\.) '. i'v .c:- ,~-f':'''"T'"'~~~~I!!l:~~~!\, ~",~~iIi\l_'~~,-lil'1Hfl'~~~,~~r JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attomey 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 1 .-- ,,~ ," l, ',' ",~, ,>';!~<,_,1'l',' ,~".;~_,"""';-<".,_~~, """~.7~"-- ',... :o,,_"'';i'qi'', '_~t"""":,;.,:""c".. "'''''''o;-'1o,C!'',b,'V-N-"'' ,,'~c ^"___ -e;, "__," ,,' _~:_"_T__~"':-~;~,__,?~, ",-,,__'"'~',_'f,~, ,,'''''', ","-~A ,q ,~"," _,_ "... ~~ '0 ,~, JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, this ~y of January 2002 come the plaintiff, John P. Illo and Janice L. Illo, by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendant, John Rosenberry: 1. The plaintiffs are John P. Illo and Janice L. Illo, adult individuals residing at P. O. Box 55, Shippensburg, Pennsylvania 17257. 2. The defendant is Mr. John Rosenberry, an adult individual residing at 1000 Mayapple Drive, Shippensburg, Pennsylvania, 17257. 3. On December lO, 1999, the plaintiff was attempting to step off the curb in an effort to cross King Street in Shippensburg, Pennsylvania. 4. Without warning, a vehicle operated by defendant, John Rosenberry, moved rapidly in reverse while attempting to exit his parking space and struck the plaintiff. 2 ''; j}~!l!!\,::: ,,~' "'-',-\'\'O'''0>'",;r,''!''~?,'111;>':_-.-',~_; "'9_!_",,,,~, , .r '''''''':''1,-', ,n, ,,,,,,,, ,Y", ;S~"'>;' 'l'-"~'" ,'"' ',~-.h'"'v-~'.", .,')' ";'-".,"-,'70" ~,'~,r?_) """.",..~;,____...!t'~".",,", '_''',^, ,", I'.." ~,<,' ,-HJ ,='l." ;_ <_ ..__~,,_ _,~, ,~,,~-< ' " - 5. The impact of the vehicle caused numerous injuries to the plaintiff left hip, leg, knee and left wrist. 6. The injuries sustained by the plaintiff was caused by the negligence and careless actions of the defendant, John Rosenberry. 7. The defendant, John Rosenberry, was negligent and careless as follows: a, He failed to maintain his vehicle under proper control in an effort to avoid injuring a pedestrian; b. He failed to properly look in all directions in order to determine if the area was clear to move from his parking space onto King Street; c, He failed to provide any warning of his intention to move from the parking space onto King Street; and d. He was operating his vehicle at an unsafe speed as he backed his vehicle. 8. The negligent actions ofthe defendant, John Rosenberry, were the proximate cause ofthe injuries to the plaintiff, John P. Illo. 9. The plaintiff, John P. Illo, seeks compensation for the pain and suffering, emotional distress, embarrassment and loss of life's pleasures since the date of the accident as well as compensation for future losses he will incur in these areas. 3 , 'i;~,U: r.J,:" ,-, ,'1~~"'<~h,<:',,'__'fl";"",,"'l\"'~""'~' <".;t"""","'__r-'fi'-~,": "",,("1~__ ,-,", <c, "',~'"_,_,, '''',_ ,'~,f'~.~' ,,'ffi;_~ "", ^,~".~~",' c_ y.'~",,' ,"""~,,'~ __'^ ',""~" ~~'" ..<~",', ,,_, H~~' _, '"_..r' ~ __ '. ' ~, N " -~-^, .. 10. The plaintiff, John P. Illo, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries. 11. The plaintiff, John P. Illo, seeks compensation for the serious and permanent injuries which he has sustained which has required surgery and may require additional further surgery or therapy. 12. The plaintiff, Janice L. Illo, seeks compensation for the loss of companionship and society as a consequence of the injuries sustained by her husband, John P. Illo, WHEREFORE, the plaintiffs, John P. Illo and Janice L. Illo, request compensation and damages from the defendant, John Rosenberry, in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. By: :1 Date: January 17,2002 4 ~" : 7' ',L '.''','''..''V~!':'''I'*'J!?~"",,\,__, .-i",.-;o,_,~"''f',~""t~,'''R,, ',1"'_k'<, _J;""" ,-<"',,<; ',_~+-'O_ ,,5-, '-'''<'''''_'o'''''"''''-_"'''''<~''>'-''''',m!''''''-'< ,,-;':' ' ,,' " ,C_"r" ,'~~~,_~" <,_ .d.~,",_,__.__ ~ ",=~+ ~il VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements rnade in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of l8 Pac C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: January 17, 2002 }'-'^ ".', "':. , "-'-'"-~'''i',~~1,,- ',~.J'"i,"~>i""';"",1,~_~'_' ,',~; "J<~' "':.~,,,,or'~>t~",; ,,""'~ ',",";.r,'''''. '"~I,,-- ""F, 'P"'~'"' ,"C" ,.,'o'"'5"',.'"."..~...,,. ,~..,',,,'~'.,,, ,..".~ ,,' '" ~ """,,,. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. ILLO and JANICE L. ILLO, Plaintiffs v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A, McKnight, III, Esquire, hereby certifY that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Andrew C. Lehman, Esquire NEALON AND GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 IRWIN, McKNIGHT & HUGHES By: Date: January 18, 2002 6 , '- )jT!J-ml_ _"L ''',"'', >!-_ ".~_,,_, '-~"-'''''''''''\'ery",_".,".-"-,,,~;,-~ -' "'C" "_""1'_,,,, ':'S'W-7''t?'7",+':'';'1~-'''I.-''', "~'I ,~,o ;,_."" ";~_ ,.,___,...-__3;_"_y,, _"~_"_, "'7<, -' ,,;_ ~_, " ,-"", ,,",~ _ "=','--"'''',,,,,,-,~ ._.',..'_',-,' _, .,_, ~"".._, "" , x__", , ","~ I h --Y " <', -~, ,", ",,,,",, ,-~ << ,,')-<,<;,' "":',~_ ~,!C' ,'> , -d,''''_',~,,^ '>"'-""'-,-u'" -- .. '''''--'~-"'',, cOW<' '~. ;:';"'1"" c' ""f"~ " lr~1t~r2'\tiN~~ Q c ..- -0'- rn C[~ Zp: ::L~ Z!:;' (J) ,f:": ~cS :>Or ZL) :;;;Q '- ~ o N o~. "." "- f~:D -'/' '-::l~ -,,"7', .e," ("" ' .:=jC) ~(~, ",,, CD "< L.. ,,.. ;;J:: D) ~ r:- (P , , C'T:";''''''''' .. [ ~;,-!I!lll",,"'I~~ I ,-"--'-"~~! ~"-"'~~' , ,,_~~~~,lJ'!iI'-,,~, M , v, IN THE COURT OF COMftJlON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2001-6918 CIVIL TE~M JOHN P. ILLO AND JANICE L. ILLO, Plaintiffs, JOHN ROSENBERRY, Defendant. JURY TRIAL DEMANDEIl> NOTICE TO PLEAD TO: John P. and Janice L. 1110, and their attorney, Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. Date: ~ 0 c;;.---- ,~-o? BY~~ Andrew C. Lehman, Esquire 1.0. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 .; ';"1~'i_">',""'~"'" ;-,/,~., Jt~Jl.0"-~1'fH,"Y ,_,C,',', """'l;""':"'-"'--',;'~'~;'''' '-_ ',;'File ":;/"~"!'-~.1'" ',"',';'Y.--"','!":,,'",_,\1(\,,' "-"''''''~'~,f''''-O'- ""_':-"_* -,-"' '_'-",,~~,' =C, h,_,,~T'__C~__L~ ~'__'-,,~";', "'1<,','" "-~_,,'" .""__,._".. "," ~~,'~~~.__" ."""_r,, JOHN P. ILLO AND JANICE LILLO, Plaintiffs, IN THE COURT OF COMI\IION PLEAS CUMBERLAND COUNTY, PENNA v. NO, 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant. JURY TRIAL DEMANDEID ANSWER WITH NEW MATTER 1. Admitted upon information and belief. 2, Admitted. 3.-4. Denied as stated. However, it is admitted that December 10, 1999, as Defendant was attempting to pull out from his parking spot along the curb of King Street in Shippensburg, Pennsylvania, the rear of his 1998 Saturn SL came into contact with Plaintiff John P. 1110'S person. The remaining averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 5. Denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted and proof is demanded at trial. Any remaining averments contained in this paragraph are strictly denied pursuant to Pa.R.C.P.1029(e). 6.-8. Denied pursuant to Pa.R.C.P. 1029(e). To the extent further factual averments are contained in these paragraphs, they are denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. ~, 9.-11. No response is required. However, to the extent a response is deemed required, all averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). Furthermore, any remaining averments contained in these ~ \T,:,~PJ",::__ ,,^ . ^ ',""--',""';~,'hm13' ~:"'''''' ,"..-'f'!',Y?'f"""'''''C'''I,A~'M'''.'1'-.-' ";\1"h'0"',r,. 'C- ,,,, '"'1't-""'r,,,__,", ,,_,,- ",'?' ",~~,,_ "'~,~""..-"",.~ '_".-'.."." ,'''~,,'''. ,J, . . _~t,~ ,_, ,,"'. "', " ~-> . ^' .',' ."0 ~ ,~. ,___~ ._" ,_. _~ . paragraphs are denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. 12. No response is required. However, to the extent a response is deemed required, Defendant denies any averments contained in this paragraph pursuant to PaRC.P. 1029(e). Any remaining averments contained in this paragraph are denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. NEW MATTER 13. Defendant incorporates by reference Paragraphs 1 throu~lh 12 as if set forth fully herein by reference thereto. 14. Plaintiff John P. 1110 was contributorily negligent. 15. Plaintiff John P. IlIo's claim may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, John Rosenberry, respectfully requests that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER, P.C. By: Date: /- SO-O~ Andrew C. Lehman, Esquire 1.0.#: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 : , ; !'!~,l!j~,l, ,;-,-<-_" <-,f"<;,,,_~",)..,,,,,:,'t't"'. ,n ","" >~, '''''',,0 ,.[ ,F,~'!'-';(~~"'" r,'''''''~"'_''' ,_~~,,,<,~~-t,"--' ,__"I :P':'"":'"''''__'''''''''_''''_~''_'' o'?_",,"" '_"> '", _~,~ _~, . . '_', _~" ~,~__"O" __,,~ ~ _"~ _", "' -~. ,<" -, '" i\l'fl I " VERIFICATION I, JOHN ROSENBERRY, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: I'dq-O~ ~'~",,! ' ~" '" ,,' ';',:n::':::-:;:,_::'.'::', ','" -:,:";,,," -" --",--"--,---<, f"__~__",, :n'U"",,~-, ' ,:,:,.:_",.r: ~ ~f.~(Lb~ HN ROSENBERR " "-0_, '''''I'" ""-~'~''-<'';_'' ,'_~ )'f ''', ",~',: ' J . . ~ CERTIFICATE OF SERVICE ~ AND NOW, this 'Jo day of certify that I have served the foregoing ANS , 2002, I hereby W MAHER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 f-I{<,_)",~, ,,!l"''''-'I^,c,!,~~,,Of_,. '.'" --, ," ----- Andrew C. Lehman, Esquire '_n,_, _,." -, ,1!IlIPI "" _~",,, " ,"~ '",-,"" ' ",- .. ,._~ ~'~" ~,,"",_ ,c3", ''!!_"",,,_:f-'' "~~Hl",,,.;o"''' -.,,"-~, "'1'" ''i','".",,*'~''''''-'''''-'~' h~"X ~~ ,~ ,-," '.'~~""''"'-' -~, .",,",'c"" _.. _. .. I --~'.' -,",-""~.,, ~';';'''~ia'11 , 0 a () c.::.:.. f'J tJ tJ~ 'I "- !1len 7:-", ~.J,~i ~ ...::'_r-' L) - , C{)} is .:;:" ,-Co j:;; .-, -"0 ,- ::i ::>-t} ::u,: 3i;C) 0,' c) c: f[j rr; 2: ~ <.- (-.) ~o -< ~ Is.S 81/ ~'~i!f.',,"'1,"'''' ~-'--'- ''''''''~'~','i~~' ::~'"'~~~-" SHERIFF'S RETURN - OUT OF COUNTY , ~~?B NO: 2001-06918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ILLO JOHN P ET AL VS ROSENBERRY JOHN 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: ROSENBERRY JOHN but was unable to locate Him in his bailiwick, He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 22nd , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co So ~ 18,00 9.00 10.00 24.00 .00 61.00 01/22/2002 IRWIN MCKNIGHT ~'7':. _ Thomas K lne Sheriff of Cumberland '- County HUGHES Sworn and subscribed to before me this 3o~ day Of~ d-IJ()).... A,D, c=t,A' '~o~~~~~~r~' <,,,,,'Jo-"$l,,lI,L., " " ~ ~ ..--,- I *- 1>kG\.~<L 'l.~~rVl'n *- , -. IiI "The Court of Common Pleas of Cumberland CountY, Pennsylvania John P. 1110 et al VS, John Rosenberry SERVE: John Rosenberry No, 01 6918 civil Now, Decert1ber 11 , 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to exe:cute this Writ, this deputation being made at the request and risk of the Plaintiff, ,;.~-"'~ ~- ~ Sheriff of Cum berland County, P A Affidavit of Service Now,-DeCfl/Y\b.tf 19 ,20Q.Lat /'./5 o'cIock-le.....M. served the within Pro.e.. lUr'I+-1lf SmY\tY\(W\'S (\5l'1d rUr'J of SW1\TV\()n<; ,\Obf\ ~s,'('r,J'\i'Y-\'\.I I at rm1\~ ((), 'S-hi' r1 ~ I ~ OUte.e-, I'.l L.J~(()IV\ \A)r1'f fj):~}.)~hllmb'i'Y:shltjJ] johfl Ro~1\be:rry trlA'(! ClI'V:! ().++~'S.+-td hl'rn upon by handing to copy of the original frne, ~~tJ~lrnw)l'\hS ~ 'r 0 Sw\'Imol'lS the contents thereof. a and made known to So answers, ~~i- Depu.-\y Sheriff of. rMkl In 1 c.,u~ A 1'1':)' if) II \ COUllty, PA ubscribed before day ,~()J\Il(\r\J, 20il:L , I COSTS SERVICE -J<J, 00 MILEAGE AFFIDA VIT G,. on $ , . . ISeal Patncla A. Strine, Notary Public r.hflmbers~urg Rnro Franklin County My l"":01"II''l''''l1lssion ExtJJres Nov. 4, 2004 '<'il;~!!'0~'" ~=_,~, "'[;',..',, , ~ -"!' .' ,~' 'I' ',"- 'T, ~~~ " ~,.J: SHERIFF'S RETU~N - REGULAR . , CA,SE NO: 2001-69180 T Amended COMMONWEALTH OF PENNSYLVANIA: .JOHN P ILLO ET AL vS .JOHN ROSENBERRY GUS ALEXIOU - DEPUTY , Deputy Sheriff of FRAN4IN County, Pennsylvania, who being duly sworn according to!law, I says, the within PRAE WRIT SUMMONS was served uton I ROSENBERRY JOHN I the DEFENDANT , at 1315:00 Hour, on the 19th day of ~~ember , 2001 at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST I I CHAMBERSBURG, PA 17201 by handing to ! (fOHN ROSENBERRY t1gether with a true and attested copy of PRAE WRIT SUMMONS l~ WRIT OF SUMMONS and at the same time directing His attention to the con~ents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 9,00 9,00 6.00 ,00 .00 24,00 :s~u~ 01/10/2002 MARCUS A, MCKNIGHT III Sworn and Subscribed to before this /0 oLH'v day of (me ~ A,D, " N~tarjal Seal Ch Patricia A, i.':)trif'le., Notary Public ambersb'lf,: q, r, Frank/I'n C My f""fn . . .- ounty mrSSlon t:x.plres Nov. 4, 2004 "_';ji;-~f. ",,_~, ,~,,~_~,.L,-J~~i'::L,.,m \fJ""\!'J".~ii'~-r"' t=""!".....P "~ ~_~!i ~~ ~" '''''''''~~~''<''''~,~ "" C,"C^^~, ,",,,.,ml , ~ ~ -,~", ~ '"" ~- 'n,," ,,,,,,,-,,, ,'"~ """,-",_o~,", '~'- .'" ~~' ~ ""--~~ ,.~~< ~~,,~"-~. ~,' ,,- .~, c,~ it' ~~"~ -, _~("O->l'j . . ,-. ~ , .",~.l,,; '~'f:-"~~' 1.,.~" -c -I ~~ ," U!fpm"~""...,.,.~~~,f!JM~"1!:-W;'\f!'~H"'F~q",,,,\,,,',r!\;"fr'i"'"-I:;'!"''''~\''''''''!f''<;&-,1!S,~Y~~rt%1li~'ii''1il~Jlf~~~;;;''M,~~,,?~~!i- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN P.ILLO and JANICE L. ILLO, Plaintiffs v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW, this llth day of February 2002 come the plaintiff, John p, Illo and Janice 1. Illo, by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Answer to New Matter: 13. The averments offact contained in paragraph one (l) through twelve (l2) of the Complaint are hereby incorporated by reference and made a part of this Answer, l4, The averments contained in paragraph fourteen (l4) are conclusions of law to which an answer is not required. The Plaintiff did not contribute in any manner to the proximate cause of the action of the defendant who struck the Plaintiff with severe force causing his injuries. Paragraph fourteen (14) is therefore denied. 15. The averments contained in paragraph fifteen (ls) of the New Matter are specifically denied, On the contrary, the Plaintiff sustained serious personal injuries as a direct consequence of the negligence of the Defendant. 1 "'I{,,~''::~r "- 'j " <!" ""'2C',"'~J!~5"~0""i":_<:<'" :''':~" '{i';s;:_ ,{" '" ?'-',,', . ,. ,,~- .,,' :'~". [, ~:'''''-l "~,,:,,,q~t_';i-~'-" ,_ '",~- ",~-,',,',.,- '_',<t:';""'i'.'~',' ,';~,'''''''; -0,', '. ",0 --,,__':~" ,. ><'1--'-",,,' ' , li!ITf WHEREFORE, the plaintiffs, John p, Illo and Janice L. Illo, request compensation and damages from the defendant, John Rosenberry, in the amount in excess of Twenty-Five Thousand and nolI 00 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, By: Date: February ll, 2002 2 ,- '~~llll'l;'L" -"'" ,^' "?'"-.--tF~'?i'3;'''''5:''' ""1 ?' _'-'_~" - r ~"O"'71_:,rc., "'_" ,",~"_'_,O ,_~,r_," .,' ','< , < ~ -, __~,~, "" . __" ,0);,_'__ _, >. .', h__ <_ ">, ,,-, C"','. , 'T ...- ii' , " ~ Ii,! ~': ii ih i: ,. e I: i I:, I' I: I' I " i , , i I, I I I: I I " i' i " i:: !: i I, " i I' i'i Ii I" !' ,. i: , , i: i, ! , , I I:">~-, ~~,-^ VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of l8 Pa, C,S.A. Section 4904, relating to unsworn falsificationio authorities. JO Date: U, I! ,2002 '~;'-",:",~, ,<"-"<__:"~'__i"'--,J"c" f;<' -""<">,,..o,,~,,. " ',", "- --"'- ,,~. '>",-t'r: __,,_,-,'_~_,,' '~"," ~ '.." ", <~, "A'~'_:"-',-,',_ >i',. '^ .. ',' ~ .,"1; ~ ' ",00 "^""!~, "-' " Jill : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. ILLO and JANICE L. ILLO, Plaintiffs v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A, McKnight, III, Esquire, hereby certify that a copy of attached Reply to New Matter was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Andrew C. Lehman, Esquire NEALON AND GOVER, P.C. 2411 North Front Street Harrisburg, P A 17110 IRWIN, McKNIGHT & HUGHES By: Marc s A. Me . t, III, Esquire 60 West Pomfret Street Carlisle, PA l7013 (717) 249-2353 Supreme Court I.D. No. 25476 I ! Date: February 25,2002 i" 4 !>-'P;(I-. [, . ),1 ~ ~ ,~ 't - ;:;,J:$')-'\t ,,?,~:;; :'f' /;\,;"7"',--,, ", _,~,' -- ~ "., : ,>~/:",-" '-',' '" "',C';' '--'':'{Tr'''" p _~""" . :~. , .", " . _ , ;"'-""-"'\""'~~-'~"-""--" , , ,-c-.." - C' " ,-< ,,- ,~-' -'",.. !h~"..,., ..,..,'.'0','....""..,,-..'. """"""'" /(' ,A, _~_"', .' "<~~.c ,'= ',""- ,,,'i"I"?;-,,,:,,,!W -'\"r',.'%'1'~h,,:~"'\'S'!{;,'>-, , ~-. ''''"'''''' '."I"'PN,",',O'~,"' ~ .<~~ -~~~, :,..-!tl!,"~~r!,,;l~}:.,\,";,,'" .;."""-W~' ''''_~~~~~'', "&C""'~"'",,~', Ill., '(,;;!i o ~~ '" ~fL rnfT- Z:r, &;5;; ~c; >c) ;';;;0 >c: :!:.": :;! (--:J N ..." !""t'1 <::0 f',) C' :m,-, ""."" '0,,"'.'( ""'--Lruf~;r'HY ~T;l ..,-+ -:"'~- ----:J ''','~ 1-" ; ":'"J .., '\::-.1 "'" _.~. ~;i ;;~ ~;~~ . ~ :::< r::~ (...J f'-.) " ,'-, ' !lIm.,. ".~p.,..,P,.."~1,' ~"""U~!.i:{il!P", ~ , -' . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. 1LLO TERM, -VS- CASE NO: 2'OCl-6918 JOHN ROSENBERRY . As a prerequisite to service of a: subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of'intent to serve the subpoena with a copy of the subpoena attacned thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attacned 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: 02/24/2003 ~S ~n~~~ ~ ~C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-394996 20874-LOJ. f~;_,t.-~1J r.. -," -' '-"L',", ","__, , , 'r" " ----, . ,'~ , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY NOTICE OF :INTBNT TO SERVE A SUBPOENA TO PRODUCE ~S AND THINGS FOR DISCOVERY PURSUANT TO ROLB 4009'.21 SHIPPIlNBURG HEALTH SERVICES BRANCH CREEK PHYSICIANS CUMBERLAND VALLEY ORTHO, ASSOC ORTHOPAEDIC ASSOCIATIlS CHAMBIlRSBURG HOSPITAL STATE FARM INSURANCE COMPANY MEDICAL RECORDS , XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS , XRAYS MEDICAL RECORDS INSURANCE TO: MARCUS MCKNIGHT, IlSQUIRE MCS on behalf of ~RIlW C. LEHMAN, ESQ. intends 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 ot record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office, DATil: 02/04/2003 MCS on behalf of ANDREW C. LIlHMAN. IlSQ. Attorney for DEFENDANT CC: AllDRIllI C. T,RlIIWI, IlSQ. - 01-545 Any questions regarding this matter, contact THB MCS GROUP INC, 1601 MARKET STRIlET 11800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-214'163 20 a 7 4 -CO:1. '-;'l:~~.,~-""",~ ,~.."..), " _ ". ", ~< ".'< ~, I n ~ ~ '''1 o,~,...;;'l ",",0> ~ ~~~.~~ ,. "~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN P.ILLO AND JANICE L.ILLO \IS JOHN ROSENBERRY File No. ..2.Q0] -6918 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SHIPPENSBURG HEALTH SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are.ordered by the court to produce the following documents or things: SEE ATTACHED . at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this .ubpoena, together with the certificate of compliance, to the party making this reque.t at the addres.li.ted above. You have the right to .eek. in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the document. or things required by this .ubpoena, within twenty (20) day. after it. .ervice, the party serving this subpoena may .eek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C.LEHMAN. ESO. 2411 NORTH FRONT ST. HARllT!":'RTTRf: 'PA 1711 n TELEPHONE: 215-246-0900 SUPREME COURT ID #: AITORNEY FOR: DEFENDANT BY Prothonotary/Clerk, Civil . ion 0run P ?fPa&r-- Oepu DATE: ) 02/24/2003 _ ~.0. ~O( .:.<Cia, \. Seal of the Court (Flf.1 f'17) . ~ ,?"~~rTpq,, "J ,_, co,,, "'.~",~,,,',,<' ~, '1,<-' '" -" "~ '. " - ~...,_lI<'!>. _"""", _~=d:""I''''''''"'"'''!'''='~ L'- ., 1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENBURG HEALTH SERVICES 46 WALNUT BOTTOM ROAD SHIPPENSBURG, PA l7257 RE: 20874 JOHN p, ILLO Entire medical, billing, and diagnostic fIle, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray fIlms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: JOHN P. ILLO P.O. BOX 115, NEWBURG, PA 17240 Social Security #: 148~16-6673 Date of Birth: 04-10-1926 SU10-42312220874-LOJ. 'f~f,~.A. "_.I\l!lIIlU, c ";_,~, " ft ^" ~ 'J,. ,'~, l' ~ "' !'~ '""~ ~ =" "< "'~ ", " ",,' ,~, '" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 III THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 02/24/2003 ANDREW C, LEHMAN, ESQ, Attorney for DEFENDANT DEll-394997 20874 -LO 2 '1-,!~qi~,~_",,_" ~ -~-"I"''''''"'--, ; r'_ I!~" ~ " ~ 1,~",,~ ,~_'C '"~'M'-' ~~ .' ~~ ,.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. 1LLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY NOTICE OF llta:.I5dT TO SBRV8 A SUBPOENA TO PRODUCE PQCDMBNTS AND TB:INOS FOR DISCOVERY PURSUJIN'l' TO R'OLB 4009.21 SHIPPBNBURG HBALTH SBRVICBS BRANCH CRBBK PHYSICIANS CUMBBRLAND VALLBY ORTHO. ASSOC ORTHOPAEDIC ASSOCIATBS CHAMBBRSBURG HOSPITAL STATB FARM INSURANCB COMPAIIY MEDICAL RBCORDS & XRAYS MEDICAL RBCORDS MEDICAL RBCORDS MEDICAL RBCORDS & XRAYS MEDICAL RBCORDS INSURANCB TO: MARCUS MCKNIGHT, BSQUIRB MCS on behalf of ANDREW C, LBHMAN, BSQ. intends 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 an~ serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expensle by completing the attached counsel card and returning same to MCS or by cont,acting our local MCS office. DATB: 02/04/2003 MCS on behalf of ANDREW C.. LBHMAJI, BSQ. Attorney for DBPBNDANT CC: ANDREW C. ~RRV_\R, BSQ. - 01-545 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARKBT STREBT 11800 PHILADBLPHIA, PA 19103 (215) 246-0900 DB02-214763 20874 -CO:L :S1'f~W-~"-'_""r ~ " ["'" ,,~ ~ ~"""I'f~"""""'""""}'--"< r,-.",^",n,,~..,,- ^ "ml' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN P.ILLO AND JANICE L.ILLO VS JOHN ROSENBERRY File No. 2001-6918 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BRANCH CREEK PHYSICIANS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED . at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of com'pliance, 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: ADDRESS: ANDREW C.LEHMAN. ESO. 2411 NORTH FRONT ST. HA'R'RT~'RtTRr.J 'PA 1711n TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATIORNEY FOR: DEFENDANT DATE: J 02/24/2003 '::J 1 ') . ..16, r11'Y<i:. ::( , Seal of the Court (Elf.7/m) "A" ',~ -' t. ". )ji.4'~~._," ",,",''', ,,' " I , , ]-~' l' ~, , "" p""",,- --,,, -"-'f~'~~-~""'''''''' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRANCH CREEK PHYSICIANS 67 WEST KING STREET SHIPPENSBURG, PA l7257 RE: 20874 JOHN p, ILLO Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JOHN P. ILLO P.O. BOX 115, NEWBURG, PA 17240 Social Security #: 148-16-6673 Date of Birth: 04-10-1926 SU10-42312420874-L02 "~'\%;:1;~,;~'T':l(lf "",":,,,,,[,, ,-^~ . I """'I '", ."~~~~~~~_.. !~" --, =- '<''''''','' ~ ',"'''.'<~'" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C, LEHMAN, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/24/2003 ANDREW C. LEHMAN, aSQ, Attorney for DEFENDANT DEll-394998 20874 -LO 3 ,,;~~AiI;'I'fl ,',,~ ".."~" ~ '-"~I . " !' u_,~,."" ~ 1I"l"Il-r~""" ft;]' .~' '''''''-,"--'' ~ ,,~,~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY NOTICE OF INTBN'l' TO SERVE A SUBPOImA TO PRODUCE TBnIGS FOR DISCOVERy l'ORSUAil'r TO RULB 4009 21 SAND SHIPPENBURG HEALTH SERVICES BRANCH CREEK PHYSICIANS CUMBBRLAND VALLBY ORTHO, ASSOC ORTHOPAEDIC ASSOCIATES CHAMBERSBURG HOSPITAL STATB PARM INSURANCE COMPANY MEDICAL RECORDS , XRAYS MEDICAL RECORDS MEDICAL RBCORDS MEDICAL RECORDS , XRAYS MEDICAL RBCORDS INSURANCE TO: MARCUS MCIOiIGHT, ESQUIRE MCS on behalf of ANDREN .C. LEHMAN, ESQ. intends to serte 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 objecti.on to the subpoena, If the twenty day noFce period is waived or if no Objection is made, then the subpoena may be se ed. Complete copies of any reproduced records may be ordered at your expens by completing the attached counsel card and returning same to NCS or by cont.cting our local NCS office, DATE: 02/04/2003 MCS on b~half of ANDREW Cj LBHMAR, ESQ. Attorney 'for DEPENDANT CC: ANDREW C. LBBMAR, ESQ. - 01-545 Any questions regarding this matter, contact THB MCS q.ROUP INC. 1601 MARtET STREET 1800 PHILADELI!HIA, PA 19103 (215) 24~-0900 DE02-21476320874-C01 "'~;J>~",,",,C ,,~~ ,~ ,~,'~__ " " '< "', , ' "y,-,' '~--r"'~"" f"~--~ '-~ ".."~ .: COMMONWEALTH OFPENNSYL VANIA COUNTY OF CUMBERLAND JOHN P.ILLO AND JANICE L.ILLO VS JOHN ROSENBERRY FileNo. 2001-6'n8 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND COUNTY ORTHOPEDIC ASSOC. (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED . at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.PA 19103 (Addre..) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certi!icate 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 YOIl 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: ADDRESS: ANDREW C.LEHMAN. ESO. 2411 NORTH FRONT ST. HAR'RT~"RTTR~I PA 1711 n TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY Prothonotary/Clerk. Civil Ir . . ~4(7q.O P Oeputy DATE: ) 02/24/2003 . jd. .')1:) '::>~J I "-- Seal of the Court (Fif. 7/'17) ,~ ''11 '\w,,~~~ ,," " r ~H,~ I'I!Rl!!II!rJ'I_~!""'-""i' liP' n~ ~ .~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY ORTHO. ASSOC 120 N. 7TH STREET/STE 10 CHAMBERSBURG MED. BL CHAMBERSBURG, PA l720l RE: 20874 JOHN P. ILLO Entire medical fUe, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database.or otherwise in electronic form, relating to any examination" diagnosis or treatment pertaining to: . Dates Requested: up to and including the present. Subject: JOHN P. ILLO P.O. BOX 115, NEWBURG, PA 17240 Social Security #: 148-16-6673 Date of Birth: 04-10-1926 . SU10-423126 20874 -LO 3 '-'"'.;-,~1!MW~",.I""<,, '.. 'I tf "9~ __ l~'~!"'! ",,,,,_.",.~ .. > ,." ,~, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT 0]' COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of ANDREW C, LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 02/24/2003 ANDREW C, LEHMAN, ESQ, Attorney for DEFENDANT DEll-394999 :2 0 8 74 - L 04 ':'~~~,<"_""'"_o"" "" " ,~.. "c 'f'" " -~"~'"-", ,;""_'" ,".,,-,,Ci'-c'c",,, .-" -~,-"~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY NOTICE OF .:IliT8NT TO SJm.VB A SUBPOBNA TO PRODUCEDOfOMBNTS AND THINGS !!'OR DISCOVBRY PURSUANT TO ROLE 4009.21 SHIPPBNBURG HBALTH SBRVICBS BRAlIICH CRBBlt PHYSICIANS CUMBBRLAND VALLEY ORTHO, ASSOC ORTHOPABDIC ASSOCIATBS CHAMBERSBURG HOSPITAL STATE FARM INSiJRANCB COMPANY MEDICAL RBCORDS , XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS , XRAYS MEDICAL RBCORDS INSURANCB , TO: MARCUS MCKNIGHT, BSQUIRE MCS on behalf of ANDREW C. LBHMAN, BSQ. intends 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATB: 02/04/2003 MCS on behalf of ANDRB1I c.. LEHMAN, ESQ. Attorney for DBPBNDANT CC: ANDRB1I C. T.R1IIIU, BSQ. - 01-545 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARICBT STREET 1800 PHILADELPHIA, PA 13103 (215) 246-0900 DE02-214763 :2 0 874 - C 0 :1. 01!JJ%~~~~ , " ' _T'" "r"~;" ,~ ~ , -~ 0.' -~.,~~ f""'~<"~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN P.ILLO AND JANICE L.ILLO VS JOHN ROSENBERRY File No. 2001-69] 8 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC ASSOC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED . at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.PA 19103 (Addr.ss) 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: ADDRESS: ANDREW C. LEHMAN. ESO. 2411 NORTH FRONT ST. R'A'A'RT~lUT1lr-1 'PA 1711 n TELEPHONE: 215-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT BY DATE: J 02/24/2003 :;;z.u .-<1") . ;:) /'V:).j I Seal of the Court (Eff. 7/'17) " ..~ '),t'~,,,,.,,",,,, c',,, ..,_"!lr,'_, ",0,-_'" f".,'o ,~" , " '" , .~'!=~ - '"',~"""~~ y.',-,- ., ,u,~~. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC ASSOCIATES 1035 WAYNE AVE CHAMBERSBURG, PA l720l RE: 20874 JOHN P. ILLO INCLUDING ANY AND ALL MRI'S. Entire medical, billing, and diagnostic flIe, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, flIes, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray fIlms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: JOHN P. ILLO P.O. BOX 115, NEWBURG, PA 17240 Social Security #: 148-16-6673 Date of Birth: 04-10-1926 SU10-423128 20874-L04 /V~~ '"' ',", ""I' """"~~, or , , "~"~~~"'" . ~ "'~, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -vS- CASE NO: 2001-6918 JOHN ROSENBERRY AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C, LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena w~iCh is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/24/2003 ANDREW C. LEHMAN, ESQ, Attorney for DEFENDANT DEl1-395000 20874-LOS "":;~"~Y'!,-"zn>~_""~R ~ ~" _~ ," , ".'0 FI;>!""r"""'RI1"~~'_. ill " . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN P. ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY NOTICE OF Im'BN'l'TO SERVE A SUBPO~ TO PRODUCE DOClJI$NTS AND THiNGS FOR DISCOVERY PURSUA1rl' TO RULE 40.09.21 SHIPPBNBURG HEALTH SBRVICBS BRANCH CREBK PHYSICIANS CUMBBRLAND VALLBY ORTHO, ASSOC ORTHOPAEDIC ASSOCIATBS CHAMBBRSBURG HOSPITAL STATB FARM INSURANCB COMPANY MEDICAL RBCORDS , XRAYS MBDICAL RBCORDS MEDICAL RBCORDS MEDICAL RBCORDS , XRAYS MEDICAL RBCORDS INSURANCB TO: MARCUS MCKNIGHT, ESQUIRE MCS on behalf of ANDREWC. LBHMAN, ESQ. intends 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 the twenty day notice period is waived or if no Objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2003 NCS on behalf of ANDREW C. LBHMAN. ESQ. Attorney for DBFBNDANT CC: ANDRSW C. LBJIMAN, BSQ. - 01-545 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARKET STREBT 11800 PHlLADBLPHIA, PA 19103 (215) 246-0900 DE02-214763 20874 -CO ~ /'-!i~)li;\."~I'f!>l',, ',roo', ~,~-,~ ':--'.. ". ~ I " 1="1.'~."~1= j ~ COMMONWEALTH OF PENNSYl VANIA COUNTY OF CUMBERLAND JOHN P.ILLO AND JANICE L.ILLO VS JOHN ROSENBERRY File No. -2.1")01-6918 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CHAMBERS BURG 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: SEE ATTACHED . , . at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.PA 19103 (Add,.,.) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificale 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 OFTIIE FOllOWING PERSON: NAME: ADDRESS: ANDREW C.LEHMAN. ESO. 2411 NORTH FRONT ST. HARRT~'RTTR~r 'PA. 1711 n TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATIORNEY FOR: DEFENDANT BY DATE: I 02/24/2003 """;::J^ ) .20 ;) I'Y\\ 3 ( Seal of the Court (Eff. 7/97) 3~~ ::!<,i!l_~~. o -, ~_~.___", ~~, ' . ",- -''', -rr," ,,-, ,.. ~ . " _~,~~I~".,_~ "'""",,"'-' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL 112 NORTH SEVENTH ST. CHAMBERSBURG, PA l720l RE: 20874 JOHN P. ILLO Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and alll?atient consent or refusal of treatment, procedures, tests, and/or medicauon, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: JOHN P. ILLO P.O. BOX 115, NEWBURG, PA 17240 Social Security #: 148-16-6673 Date of Birth: 04-10-1926 8U10-423130 20874-L05 ,J\'!,~;r>;;~, r ,--I , ~'7"'~ ~~1~" ,~~ ~ "'- .\ill .'~~ ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT 0]' COMMON PLEAS JOHN p, ILLO & JANICE L. ILLO TERM, -VS- CASE NO: 2001-6918 JOHN ROSENBERRY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C, LEHMAN, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy 01: the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 02/24/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-395001 20874-L06 j~l~?W~ _ 11.1, ",--v<'fIL~" "" ~, " ", _~, ,f "__C' , ", ,,~ M,,1 - ~I!> <'l',.,~", ';>. or-< __ ,", :.'f , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JOHN P. ILLO & JANICE L. ILLO -VS- JOHN ROSENBERRY COURT 01' COMMON PLEAS TERM, CASE NO: 2001-6918 NOTICE OF INTJnWTO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009 _ 21 SHIPPENBURG HEALTH SERVICES BRANCH CREEK PHYSICIANS CUMBERLAND VALLEY ORTHO, ASSOC ORTHOPAEDIC ASSOCIATES CHAMBERSBURG HOSPITAL STATE FARM INSURANCE COMPANY MEDICAL RECORDS & XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS & XRAYS MEDICAL RECORDS INSURANCE TO: MARCUS MCKNIGHT, ESQUIRE MCS on behalf of ANDREW C, LEHMAN, ESQ. intends, 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office, DATE: 02/04/2003 CC: ANDREW C. LBHMAN, BSQ, MCS on bebalf of ANDRBK C. LBHMAN, ESQ. Attorney for DBFBNDANT - 01-545 Any questions regarding this matter, contact 'f;~;::,-lil.",~~ ~~,,' _~,,"_, ~,,---' " . ~ , "'[ THE MCS GROUP INC. 1601 MARKBT STREET #800 PHILADBLPHIA, PA 19103 (215) 246-0900 DE02-214763 20874 -CO 1 , , ~ ''''" _~ ~, . ,"'~1!!-_"~ - ",.' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN P.ILLO AND JANICE L.ILLO VS JOHN ROSENBERRY . FileNo. 2001-6918 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE COMPANY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED . ilt MCS GROUP INC.. 1601 MAREKT ST., 1/800, PHILA.PA 19103 (Addre..) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the <:ertificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ildvance, 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: ADDRESS: ANDREW C.LEHMAN. ESO. 2411 NORTH FRONT ST. HARRT~"RTTRr.:.J PA 1711 n TELEPHONE: 215-246-0900 S~PREME COURT ID #: A TIORNEY FOR: DEFENDANT J. 02/~4/2003 DATE: _ ~A'} (:) ~~ ( Ion Seal of the Court (Eff. 7/CJ7) ';;,w,*,c:m." ""<.,..._ . - _.~ -~~ ""'~--" I,.... >! EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE COMPANY P.O, BOX l4007 l690 KENNETH ROAD YORK, PA l4007 RE: 20874 JOHN P. ILLO Any and all insurance records and PIP fIles, including but not limited to medical reports and/or records, claims, any and all correspondence, dOCUIllentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: JOHN P. ILLO . P.O. BOX 115, NEWBURG, PA 17240 Social ~rity #: 148-16-6673 Date of Birth: 04-10-1926 Date of Loss: 12/10/1999 8U10-423132 20874 - LO 6 ,~.'l-j>j~~,!" '. ~_'! r"F~~ ',' ',' ~_ '" -, I"_nl' " ~ e ~ "~ llJll!J"~'~ ~ot . .. "'.' "', ,,,, - ~ - ,..~ >~ , "~'" "^ .-~" , --'~ ,~.~" , o q~ J,__ ,-' ZC S<~~, r......'-,. ~ ~i~:~ :P.-:=:. ~ . . c:> ,. " ~~ o .'n -j iY:~ ~~tJq ",-'j '~::~(? ,": 1, ,'.-o::;=C: -,;;.C) L~f'n ::'~::.;~ :Jj -< ''':/'1 g 1'0 <J'\ "l;; ~,~.~ "0 '.. \"'-.) <n ."--.,,.Jt:,,< ~~I'~~~~ ~,_41,,,!~~~~!W~1Wl~}~;;,,,n,,-,,.,~t""'-"""""'w", "";I::""'N!-.'I,~;)P;".nP!"'\~'!\"'-~"f'~'-"'*;('1'~'~"j_<%J1:'r"~~J;i'~..l!JI~_'PA l1:;!'J " JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001.6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, ill, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, Marc sA 60 West P ret Street Carlisle, Penns (717) 249-2353 {r'Z By: Date: October 7,2005 \; '~!:J,.@.. -"I" ~". '" ~'!"_':'''~~'''';,,,-''f'k'',~,, "~,?,,FJ; '" A7 ~_~_'_'h,',_"'J'_,,,, __ 0 " ," "", ',-, '.__,' ,_.' ~'"' ,'_._ .",,,,7,:"',,,,_<,''-'',' 7, ~', .",c__ ,"," "'.M'~~"' , "_._?,, ,'__,,,'~ ", <. .,,'~. .. .. <, ~..".-r. .... JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A, McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael Smoluk, Claims Adjuster Allstate Insurance Company Market Claim Office 6345 Flank Drive, Ste, 1000 Harrisburg, PA 17112-2765 By: Date: October 7,2005 ,. ~Jijl,~ .'-,- c_", <" , ,;,", "'''''_'':-'': "-:":-:E';:''''':-,.<~'Ii'', -"'''''"'';_''' "i':'<;', ~c' -"'\''','-0' ',-_""","'l,,-~d,' ,,^~,'" __,,,,",,~ __, -'~ .,:" "' """ "-~~~,~" -~, ~-" ", '- ",,-, , "',-" ,"-=--~~~-< ,',^ '?<~~ '"c---;r" r~L -" "v_,11~~.,_",." <'_" :' ,,- ~~l <, , :$L:)~ ~ ", ' --. -~,~".~~"-^' " "~ ""wJ'~",_~- ;'~' ~"'" .-' () G <<::.' ~ "'~ "'" a r) -, , ...., o "Tj :.:::1 _1_-,.... n1r!d :.0(1:] ,0<;" ~, , 2ic~; (311"; -I ~ :0 -'" ..,., :::t.: '::> .c:- c....) ,-,.),L,.--,---~~~1