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HomeMy WebLinkAbout99-03985 7 J, 2 I`z t c Vt W- 1 Atte 10 ft0fi ROLF E. KROLL, ESQUIRE 3 Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: 17171975-8114 Attorney for: Fax: 17171 975-8124 DEFENDANT STOE E-mail: rkroll 2000r1vahooxom ROBERT F. MROZINSKI and JOAN M. MROZINSKI, his wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3985 TRAVIS W. STOE and CHARLES ERIC SORENSEN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT, TRAVIS W. STOE 1. BASIC FACTS AS TO LIABILITY This case arises from a rear-end motor vehicle accident that occurred on the Carlisle Pike in the area of the SuperPetz Store. A line of traffic was stopped in front of Defendant Stoe who was unable to stop before colliding with the rear-end of a vehicle operated by Charles E. Sorensen. Mr. Sorensen then collided with the rear of Mr. Mrozinski's vehicle. It is expected that Mr. Sorensen will be released from this lawsuit by stipulation of counsel. II. STATEMENT OF BASIC FACTS AS TO DAMAGES Following the accident, Mr. Mrozinski had no black and blue marks, cuts abrasions, lacerations or swelling on any part of his body. Mr. Mrozinski did indicate that he experienced neck pain and numbness in his arms shortly after the accident. These problems resolved in a relatively brief period of time. However, several days after the accident, Mr. Mrozinski indicated that he started to experience knee pain. Examination of his knees showed degenerative changes in both knees. Ultimately an MRI was taken of Mr. Mrozirski's knee that showed a meniscal tear. Although arthroscopic repair of this tear has been offered, thus far Mr. Mrozinski has declined to avail himself of this service. Mr. Mrozinski also complains of low back pain. It is significant in this regard, however, that Mr. Mrozinski has been treated for an arthritic condition for over 20 years which caused pain in his upper extremities and his low back. Mr. Mrozinski now contends that as a result of the accident he finds it difficult to run, hunt, dance, garden or walk on a golf course for any extended period. III. STATEMENT OF THE PRINCIPLE ISSUES OF LIABILITY AND DAMAGES To what extent, if any, was the accident a substantial factor in bringing about Plaintiff's harm? 2. What is the nature and extent of Plaintiffs injury? IV. SUMMARY OF LEGAL ISSUES This is a routine motor vehicle accident case. To the extent Defendant plans to proffer any medical record to the jury, he will introduce it through a competent medical witness. The only other documents to be offered to thejury may be photographs of the vehicles. V. IDENTITY OF WITNESSES TO BE CALLED Travis W. Stoe Charles E. Sorensen Robert F. Mrozinski Joan M. Mrozinski Officer Sollenberger, Hampden Township Police Department Robert R. Dahmus, M.D. David C. Baker, M.D. VI. LIST OF EXHIBITS WITH BRIEF IDENTIFICATION OF EACH 1. Photographs of Plaintiffs' vehicle. 2. Records from Dr. Baker. 3. Records from Dr. Malin Defendant reserves the right to supplement this list and to utilize any exhibits offered in Plaintiffs' Pre-Trial Memorandum. VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS Plaintiffs have demanded $65,000. Defendant has offered $15,000. Respectfully submitted, EDELSTEIN By: Attorney I.D. #47243 Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant Stoe CERTIFICATE OF SERVICE I, Jessica Bates, an authorized representative of Margolis Edelstein, hereby certify that I have served a true and correct copy of the foregoing Notice of Deposition upon all counsel and parties of record this i?day of August, 2000, by placing the same in the United State First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-0464 Paul W. Grego, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 By: Jessica Bates ROBERT F. MROZINSKI and JOAN M. MROZINSKI, Plaintiffs VS. TRAVIS W. STOE and CHARLES ERIC SORENSEN, Defendants TO: Mr. Curtis Long, Prothonotary Cumberland County Courthouse : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO.QQ--;PPS- CIVILTERM JURY TRIAL DEMANDED PRAECIPE Please issue Summons and forward them to the Sheriff for service upon the Defendant, Travis W. Stoe, at the following address: Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17101 41 Dated: 2- C kh a 3 gu i_ -To2cvsc>v ltoq 4,4-, Cl- HENRY F. COYNE,ESQUIRE Coyne & Coyne,, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorney for Plaintiffs f)(> y?vd?,a, UR a aalz- 30Cjl I Commonwealth of Pennsylvania County of Cumberland Robert F. Mrozinski and Joan M. Mrozinski V4 Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17101 Charles Eric Sorensen 1104 Archer Court Alexandria, VA 22312-3001 Court of Common Pleas No. ---------- 19 In -- Ci_v_it_Actigtl- _bAW------------------- To _75ravis-W._.atoe_and_fhnrles_Eric_Snrensen You are hereby notified that Robert -F. Mrozinski and-Joan M. Mrozinski----_-_____ -------- - - - ------?---- - ------------------------ the Plaintiff has commenced an action in ...... CiVU Antinn Taw--------------------- against you which you are required to defend or a default judgment may be entered against you. (SEAL) .-------CurtisB--Long------------------------ Prothonotary Date ----- June 29---------------- 19--2-9 -B,-/?12 Deputy i o± .r W z , , , r G i ? N Cx i •A 3i I WU41 o ? u eeeyyy .14 U o N W 3 {? U X .-l G N yN ? i Kf .i i yy ,, .?.1 1? ?O W W .T. r+l 7k t? O V t ? .G {bj i ? j E I? Ll Ch U ; , U Um riUrH ; E C COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND ROBERT F. MROZINSKI and JOAN M. MROZINSKI Plaintiffs, vs. CHARLES ERIC SORENSEN Defendant. STATE OF VIRGINIA CITY/COUNTYOF '91ax4?ol.'?, Case No. 99-3985 Civil Term In Civil Action - Law AFFIDAVIT OF SERVICE 1, Yvonne Jackson, being duly sworn, state that I am over the age of eighteen years and I am not a party to this action. On the 2nd day of July, 1999 at 8:29 p.m., I served CHARLES ERIC SORENSEN at his usual place of abode located at: 1104 Archer Court, Alexandria, Virginia 22312- 3001, by delivering a copy of the following document to him in person. Document Served: (1) Summons in Civil Action - Law Business Trade Name Listed Below: 11-4- Yvonne Jackson Special Process Server Commonwealth of Virginia Service of Process P.O. Box 23914, Alexandria, Virginia 22304 - (703) 212-9091 Subscribed and swom to before me in my City/County and State aforesaid, this day of, 19 312?... My Commission Expires: ?h Notary Publi ANGELA LARITA NOTARY PUBLIC COMMONWEAALTHxOf VIRGINIA My Commission Empires April 30, 2000 f TRUE COPY FROM RECORD ,:,i!Inony whereof, I here unto set my hand c,e ssal of said Co rt at Carlisle, Pa. s ? day 19 J Prothonotary Commonwealth of Pennsylvania County of Cumberland Robert F. Mrozinski and Joan M. Mrozinski V7. Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17101 Court of Common Pleas No. ---------- 19---- In -- 9kKit_Actiion°-LAW------------------- Charles Eric Sorensen 1104 Archer Court Alexandria, VA 22312-3001 To _Travis_W Stoe_and_Lharlas_Eric_Sonensen You are hereby notified that Robert F. Mrozinski and Joan M. Mrozinski °-----------------------------------------------°----------------------------------------------- the Plaintiff has commenced an action in ------ Civil. AGtiOn- 1,aLL____________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) -------- CJXtis_B.-LQng------------------------ Prothonotary Date ------ - June 29---------------- 19-29 'Sy ?<_' -- - Deputy 1 L)i i ?i z , N b ? i 1 C ro C Ul Ja C N H . a n Na •? ? V. c w 3 {C jJ v i U O . v H I N } ko N U) rY ' W a ry en •? ? yN}?? ? i N , •> ? ?yo E I? Ll O Ch EU U W ml n H 8 r Commonwealth of Virginia, Service of Process P.O. Box 33914 Alaandria, Virginia 21304 July 3, 1999 Attn: Henry F. Coyne, Attorney Coyne & Coyne 3901 Market Street Camp Hill, PA 17011-4227 Re: Robert F. Mrozinski and Joan Mrozinski vs. Charles Eric Sorensen Case No. 99-3985 Civil Term Dear Mr. Coyne, CJ' (703) 212-9091 (703) 277-6606 Thank you for using our service. Enclosed please find the original affidavit of service regarding the above case. Service has been completed on Charles Eric Sorensen. We look forward to serving you in the future. Thank you. Respectfully yours, 7 .Y<._ Yvonne Jackson Special Process Server Enclosures yo SPECIAL PROCESS SERVICES VIRGINIA - MARYLAND - DISTRICT OF COLUMBIA a °' e_z POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ROBERT F. MROZINSKI and JOAN M. MROZINSKI ATTORNEYS FOR DEFENDANT CHARLES E.SORENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Plaintiffs, V. TRAVIS W. STOE and CHARLES ERIC SORENSEN NO. 99-3985 CIVIL ACTION - LAW Defendants. TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Charles Eric Sorensen, in connection with the above-captioned case. Respectfully submitted, POST & SCHELL, P.C. PAUL W. GREGO, ESQ E Attorney for Defendant Charles Eric Sorensen 1, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Henry F. Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17101 1? n " J Jn"MgU6 n KELLEY S ANGL R DATE: =' ;t I- ( ff? 147 i')C •z 1 C\j _>> U C (j J POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ROBERT F. MROZINSKI and JOAN M. MROZINSKI Plaintiffs, V. TRAVIS W. STOE and CHARLES ERIC SORENSEN Defendants. TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDANT CHARLES E. SORENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA NO. 99-3985 CIVIL ACTION - LAW Please issue a Rule upon the Plaintiff to file a Complaint with twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. PAd W. GREGO, ESQU - Attorney for Defendant Charles Eric Sorensen J n _). i u iu O L' U I I POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ROBERT F. MROZINSKI and JOAN M. MROZINSKI Plaintiffs, V. TRAVIS W. STOE and CHARLES ERIC SORENSEN Defendants. ATTORNEYS FOR DEFENDANT CHARLES E.SORENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA NO. 99-3985 CIVIL ACTION - LAW AND NOW, this ,-19_ day of 1999, a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. is/ ??• .e? ?4°dir? Prothonotary >?? ??1 A$IY- AS? 1, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Henry F. Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17101 ?Xllt, „() nm b n KELLEY S AN LER u DATE: -I`LS 9 I r r' ?"i _ '? - r- ? ,_? .? r. urn :? U:,` c?? ? ,.,_ ,??5 C'i"'? O ???- ?{i?: ` _ 'i CiJ ?' u ? LL' ? ' , ?? ? / m 2? POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ROBERT F. MROZINSKI and JOAN M. MROZINSKI Plaintiffs, V. TRAVIS W. STOE and CHARLES ERIC SORENSEN Defendants. ATTORNEYS FOR DEFENDANT CHARLES E. SORENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA NO. 99-3985 CIVIL ACTION - LAW I, Rebecca S. Rusbatch, an employee of Post & Schell, P. C., do hereby certify that on the date listed below, I did serve a true and correct copy of the Rate to File Complaint dated tidy 20, 1999 upon the following person(s) at the following address(es) by sending same via United States mail, first-class, postage prepaid: Henry F. Coyne, Esq. Coyne & Coyne, P. C. 3901 Market Street Camp Hill, PA 17011 Date: July 23, 1999 Mr. Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17110 Respectfully submitted, POST & SCHELL, P. C. (M s.) Rebecca S. Rus arch 4} ? r ; .,_ ?:_ . ?., ?? ?,= ?; >; <? ?,' i ' , ?, :, ?; ?, U, ROBERT F. MROZINSKI and : IN THE COURT OF COMMON PLEAS OF JOAN M. MROZINSKI, His Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 99' 3 98'5- CIVIL TERM TRAVIS W. STOE and CHARLES : CIVIL ACTION ERIC SORENSEN, Defendants : JURY TRIAL DEMANDED 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 and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Dated: ?J COYNE & COYNE, P.C. HENRY F. COYNE, QUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiffs ROBERT F. MROZINSKI and : IN THE COURT OF COMMON PLEAS OF JOAN M. MROZINSKI, His Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 99-- 3 99'5?CIVIL TERM TRAVIS W. STOE and CHARLES : CIVIL ACTION ERIC SORENSON, Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiffs, Robert F. Mrozinski and Joan M. Mrozinski, by and through their attorneys, Coyne & Coyne, P.C., and avers the following in support of the within Complaint: 1. Plaintiffs, ROBERT F. MROZINSKI and JOAN M. MROZINSKI, are adult individuals residing therein at 202 Indian Creek Drive (Hampden Township), Mechanicsburg, Cumberland County, Pennsylvania, and at all times relevant hereto were husband and wife. 2. Defendant, Travis W. Stoe is an adult individual residing at 601 Lucknow Road, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant, Charles Eric Sorensen is an adult individual residing at 1104 Archer Court, Alexandria, Virginia. 4. On Tuesday, August 12, 1997, Plaintiff, Robert F. Mrozinski was the owner and operator of a 1993 Mercury Sedan automobile which was involved in the collision described herein. 5. On August 12, 1997, Defendant, Travis W. Stoe was the owner and operator of a 1994 GMC Jimmy automobile which was involved in the collision described herein. 6. On August 12, 1997, Defendant, Charles Eric Sorensen was the owner and operator of a 1995 Chevrolet Sedan automobile which was involved in the collision described herein. 7. On August 12, 1997, at approximately 6:30 o'clock p.m., Plaintiff Robert F. Mrozinski was the driver of his motor vehicle which was properly stopped and in a westerly direction on the Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania, at a point approximately three- eighths (3/8) mile East of the intersection of Carlisle Pike and Sporting Hill Road, when Plaintiffs vehicle was struck in the rear by the Defendant Sorensen's motor vehicle which was being operated by Defendant Sorensen and was proceeding in a westerly direction on Carlisle Pike behind and in the same lane of traffic as Plaintiff Robert F. Mrozinski's vehicle. 8. On August 12, 1997, at approximately 6:30 o'clock p.m., Plaintiff Robert F. Mrozinski was the driver of his motor vehicle which was properly stopped and in a westerly direction on Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania, at a point approximately three-eighths (3/8) mile East of the intersection of Carlisle Pike and Sporting Hill Road, when Defendant Sorensen's stationary vehicle was struck in the rear by Defendant Stoe's motor vehicle which was being operated by Defendant Stoe and was proceeding in a westerly direction on Carlisle Pike behind and in the same lane of traffic as Plaintiff Robert F. Mrozinski's vehicle. 2 9. At the time of the collision, Plaintiff Robert F. Mrozinski was lawfully stopped in traffic while waiting for the traffic light at the intersection of Carlisle Pike and Sporting Hill Road, Hampden Township, Cumberland County, Pennsylvania, to turn from red to green. 10. The collision was directly and proximately caused by the negligence and carelessness of Defendants, which consisted, among other things, of the following: (a) Operating their motor vehicles in a careless, reckless, and negligent manner; (b) Operating their motor vehicles at an excessive rate of speed under the circumstances; (c) Operating their motor vehicles with no warning of approach or intended direction; (d) Not having their motor vehicles under the proper control so as to stop said vehicles within the assured clear distance ahead; (e) Operating their motor vehicles without due regard to the rights, safety, and position of the Plaintiff, Robert F. Mrozinski. 3 (f) Failing to have their motor vehicles under the proper control so as to prevent their motor vehicles from striking the plaintiffs motor vehicle; (g) Failing to keep a proper lookout for Plaintiffs' motor vehicle; (h) Failing to use due care under the circumstances; (i) Failing to notice the properly stopped motor vehicle of the plaintiff; (j) Failing to take evasive action in order to avoid impacting with plaintiffs' motor vehicle; (k) Failing to apply their brakes in sufficient time to avoid striking plaintiffs stationary motor vehicle; (l) Operating their motor vehicles in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. Cons. Stat. §§ 3361 and 3362. 4 COUNTI PLAINTIFF ROBERT F. MROZINSKI V. DEFENDANT TRAVIS W. STOE 11. Plaintiff Robert F. Mrozinski incorporates by reference 1 through 10 of this Complaint as if each and every paragraph was individually set forth within this Count. 12. As a result of Defendant Stoe's negligence, Plaintiff Robert F. Mrozinski sustained the following injuries, some or all of which may be permanent: Severe pain from Plaintiff's neck down to his right shoulder and down his back; aggravation of pain in right shoulder; aggravation of pain in his neck; aggravation of pain in his lower back; injury to his left knee; and aggravation of numbness in right hand. 13. As a result of Defendant Stoe's negligence, Plaintiff Robert F. Mrozinski has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to his great detriment and loss. 14. As a result of Defendant Stoe's negligence, Plaintiff Robert F. Mrozinski has sustained serious and permanent injury, for the treatment of which he has incurred medical bills and expenses for treatment and will probably require surgery for his left knee and right shoulder in the future. 5 ;gI 15. As a result of Defendant Stoe's negligence, Plaintiff Robert F. Mrozinski has suffered a loss of earnings and/or earning capacity. 16. As a result of Defendant Stoe's negligence, Plaintiff Robert F. Mrozinski has suffered an interruption of his daily habits and enjoyable pursuits to his great and permanent detriment and loss. 17. As a result of Defendant Stoe's negligence, Plaintiff Robert F. Mrozinski sustained a total loss of his motor vehicle. WHEREFORE, Plaintiff Robert F. Mrozinski respectfully requests that this Court find in favor of Plaintiff and against Defendant Stoe in an amount in excess of $25,000.00, plus interest and docket costs. COUNT 11 PLAINTIFF ROBERT F. MROZINSKI V. DEFENDANT SORENSEN 18. Plaintiff Robert F. Mrozinski incorporates by reference all of the preceding paragraphs 1 through 10 of this Complaint as if each and every one were individually set forth within this Count. 19. As a result of Defendant Sorensen's negligence, Plaintiff Robert F. Mrozinski sustained the following injuries, some or all of which may be permanent: Severe pain from Plaintiff's neck down to his right shoulder and down his back; aggravation of pain in right shoulder; aggravation of pain in his neck; aggravation of pain in his lower back; injury to his left knee; and aggravation of numbness in right hand. 20. As a result of Defendant Sorensen's negligence, Plaintiff Robert F. Mrozinski has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to his great detriment and loss. 21. As a result of Defendant Sorensen's negligence, Plaintiff Robert F. Mrozinski has sustained serious and permanent injury, for the treatment of which she has incurred medical bills and expenses for treatment and will probably require surgery for his left knee and right shoulder in the future, 7 22. As a result of Defendant Sorensen's negligence, Plaintiff Robert F. Mrozinski has suffered a loss of earnings and/or eaming capacity. 23. As a result of Defendant Sorensen's negligence, Plaintiff Robert F. Mrozinski has suffered an interruption of his daily habits and pursuits to his great and permanent detriment and loss. 24. As a result of Defendant Sorensen's negligence, Plaintiff Robert F. Mrozinski sustained a total loss of his motor vehicle. 25. Plaintiff Robert F. Mrozinski demanded for compensation for the aforesaid injuries and losses, which Defendant Stoe has failed and refused and still refuses to pay. WHEREFORE, Plaintiff Robert F. Mrozinski respectfully requests that this Court find in favor of Plaintiff and against Defendant Sorensen in an amount in excess of $25,000.00, plus interest and docket costs. 8 COUNT III JOAN M. MROZINSKI V. DEFENDANT STOE 26. Plaintiff Joan M. Mrozinski incorporates all of the preceding paragraphs 1 through 10 of this Complaint as if each and every one were individually set forth within this Count. 27. As a result of Defendant Stoe's negligence, Plaintiff Joan M. Mrozinski has been deprived of the society, companionship, contributions, and consortium of her husband Plaintiff Robert F. Mrozinski, to her great detriment and loss. 28. As a result of Defendant Stoe's negligence, Plaintiff Joan M. Mrozinski has incurred and will in the future incur large medical bills and expenses to treat her husband's injuries. 29. As a result of Defendant Stoe's negligence, Plaintiff Joan M. Mrozinski has suffered a disruption in her daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff Joan M. Mrozinski respectfully requests that this Court find in favor of Plaintiff and against Defendant Stoe in an amount in excess of $25,000.00, plus interest and docket costs. COUNT IV JOAN M. MROZINSKI V. DEFENDANT SORENSEN 30. Plaintiff Joan M. Mrozinski incorporates all of the preceding paragraphs 1 through 10 of this Complaint as if each and every one were individually set forth within this Count. 31. As a result of Defendant Sorensen's negligence, Plaintiff Joan M. Mrozinski has been deprived of the society, companionship, contributions, and consortium of her husband Plaintiff Robert F. Mrozinski, to her great detriment and loss. 32. As a result of Defendant Sorensen's negligence, Plaintiff Joan M. Mrozinski has incurred and will in the future incur large medical bills and expenses to treat her husband's injuries. 33. As a result of Defendant Sorensen's negligence, Plaintiff Joan Mrozinski has suffered a disruption in her daily habits and pursuits and a loss of enjoyment of life. 10 WHEREFORE, Plaintiff Joan Mrozinski respectfully requests that this Court find in favor of Plaintiff and against Defendant Sorensen in an amount in excess of $25,000.00, plus interest and docket costs. Dated: COYNE & COYNE, P.C. WCAUY-S.,,14 HENRY F. COYNE ESQUIRE 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys For Plaintiffs VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. §4904. Dated: 7 - ? n -q 9 Dated: 7 - 30- T q 11A CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, hereby certify that a true copy of a Complaint was served this date upon the below-referenced individuals at the below listed address by way of First class mail, postage prepaid: Paul W. Grego, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Mr. Charles Eric Sorensen 1104 Archer Court Alexandria, VA Dated: V ;AJA?l Q ?a 11 1 P%. I/ HEN F. COl , E QUIRE COYNE & COYN , P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 12 ?,, _ ? ? ? ? ; U' ?^ C>; ' ' '. f . _ t._I ? j__ C: L. _ l _1 ll l -- •.? L? lJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-03985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MROZINSKI ROBERT F ET AL VS. STOE TRAVIS W ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: STOE TRAVIS W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within WRIT OF SUMMONS On _September 1st, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answ/e/r? Docketing 18.00 `CC??/__... Out of County 9.00 ? ? ?tlS!- ?`ly Surcharge 8.00 R /I maw i1 ne -5?i?33 Dep. Dauphin Co 25.50 NE & 0001/1999YNE Sworn and subscribe-to //before me this day of"Z") iit?1Q{r 19 a6i A.D/. /? SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-03985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MROZINSKI ROBERT F ET AL VS. STOE TRAVIS W ET AL R. Thomas Kline Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the within named DEFENDANT, SORENSEN CHARLES ERIC by United States Certified Mail postage prepaid, on the 1st day of July 1999 , at 8:00 HOURS, at 1104 ARCHER COURT ALEXANDRIA, VA 22312-3001 a true and attested copy of the attached WRIT OF SUMMONS The returned receipt card was signed by on 0/00/0000. Additional Comments: RETURN CARD NOT RECEIVED IN SHERIFF'S OFFICE BY 9/1/99, RETURN NOT FOUND AS PER ATTY. Sheriff's Costs: So answers: Docketing 6.00 Cert Mail 2.99 Affidavit .00 Affidavit Surcharge 8.00 RTI omas ine, S eri $16.?)9 C0 NE & COYNE 09/01/1999 Shim d ubbssday crife tb b for me 19?? A.U. I (Attire Of t4P oS4Priff Mary Jane Snyder Real Estate Deputy William T. Tull Solicitor Dauphin County Harrisburg. Pennsylvania 17101 ph:(717)255.2660 fox:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Sheriff's Return Ralph G. McAllister C lief Ixputy Michael W. Rinehart Assistant Chief Deputy No. 1371-T - - -1999 OTHER COUNTY NO. 99-3985 AND NOW: July 9, 1999 at 4:05PM served the within SUMMONS IN CIVIL ACTION STOE TRAVIS W to DEFT 1 true attested copy(ies) of the original SUMMONS IN CIVIL ACTION and making known to him/her the contents thereof at 601 LUCKNOW ROAD HARRISBURG, PA 17101-0000 Sworn and subscribed to before ?me/?this 12TH of JULY, 1999 \?i "" ' 6 PROTHONOTARY MROZINSKI ROBERT F vs • STOE TRAVIS W upon by personally handing So Answers, ?IeAlc- Sheriff of Dauphin Cc Pa. By D uty e i f Sheriff's Costs: $25.50 PD 07/07/1999 RCPT NO 125656 ET/TF POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT CHARLES E. SORENSEN ROBERT F. MROZINSKI and IN THE COURT OF COMMON JOAN M. MROZINSKI PLEAS OF CUMBERLAND Plaintiffs, COUNTY - PENNSYLVANIA V. NO. 99-3985 TRAVIS W. STOE and CIVIL ACTION - LAW CHARLES ERIC SORENSEN Defendants. JURY TRIAL DEMANDED ANSWER AND NEW MATTER NOW INTO COURT, through undersigned counsel, comes the Defendant, Charles Eric Sorensen, who, in answer to the Complaint of the Plaintiffs, respectfully represents that: 1. Defendant, pursuant to Pennsylvania Rule of Civil Procedure 1029(e), hereby generally denies the allegations of the Complaint, except to admit the allegations of paragraph 3. NEW MATTER The Defendant hereby raises the following New Matter. 2. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 3. The applicable Statute of Limitations may have expired prior to the institution of this action. 4. Defendant was not negligent. 5. Any acts or omission of Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 6. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiffs. 7. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 8. The Plaintiffs may have assumed the risk. 9. The Plaintiffs may have been contributorily negligent. 10. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Defendant. 11. Plaintiffs may not have properly mitigated their damages. 12. Plaintiffs may be bound by the limited tort option, and, as their injuries may not be considered "serious," non-economic damages would not be recoverable. 13. Defendant Charles Eric Sorensen, pursuant to Pennsylvania Rule of Civil Procedure 2252(d), hereby joins as an Additional Defendant Travis W. Stoe on the claim for Robert F. Mrozinski and Joan M. Mrozinski for purposes of contribution and indemnification on the claim of Plaintiffs Robert F. Mrozinski and Joan M. Mrozinski, and hereby avers that said Additional Defendant is alone liable on that claim, is liable over to Defendant, or is jointly or severally liable with Defendant. -2- WHEREFORE, Defendant, Charles Eric Sorensen, hereby prays that the Complaint be dismissed, at the cost of the Plaintiffs. Respectfully submitted, POST & SCHELL, P. C. ay PAUL W. GREGO, ESQ. Date: September d0, 1999 -3- VERIFICATION I, Charles Eric Sorensen, do hereby swear and affirm that the facts and matters set forth in the foregoing Answer and New Matter is true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. C71 DATE: ? L-C aw ?,..J Charles Eric Sorensen POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ROBERT F. MROZINSKI and JOAN M. MROZINSKI Plaintiffs, V. TRAVIS W. STOE and CHARLES ERIC SORENSEN Defendants. ATTORNEYS FOR DEFENDANT CHARLES E.SORENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA NO. 99-3985 CIVIL ACTION - LAW I, Rebecca S. Rusbatch, an employee of Post & Schell, P. C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same via United States mail, first-class, postage prepaid: Henry F. Coyne, Esq. Coyne & Coyne, P. C, 3901 Market Street Camp Hill, PA 17011 Date: 9/20/99 Mr. Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17110 Respectfully submitted, POST & SCHELL, P. C. (Mr .) Rebecca S. Rusba h 4 ttou ?) r: co ? W - N •'))Cl S u. m 7 U m U ROBERT F. MROZINSKI and, : IN THE COURT OF COMMON PLEAS JOAN M. MROZINSKI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 99-3985 CIVIL TERM TRAVIS W. STOE and CHARLES ERIC SORENSEN, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that a true copy of the Complaint was served this date upon the below-referenced individuals at the below listed address by way of First Class Mail, postage prepaid: Stephen L. Banko, Jr., Esquire Sadowski, Banko, Kroll, Kronthal and Baker P. O. Box 932 Harrisburg, PA 17108-0932 Mr. Travis W. Stoe 601 Lucknow Road Harrisburg, PA 17101 Al(W «q w Y F. COYNE, ES IRE OYNE & COYNE, P.& 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Pa. S. Ct. No. 06250 7- O ? ?" c /': us= C: U ? ., L_:. Y ' ? ? . ?) U ?'.; If) ? u? J.. t LL ^?? C) Cl 1 ? l STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 SADOWSKI, BANKO, KROLL, KRONTHAL, and BAKER P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Attorney for Defendants FAX: (717) 975-8124 Travis W. Stoe IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY PENNSYLVANIA ROBERT F. MROZINSKI and JOAN M MROZINSKI, his wife, Plaintiffs V. TRAVIS W. STOE and CHARLES ERIC SORENSEN, Docket No. 99-3985 Civil Action - Law Jury Trial Demanded Defendants ANSWER OF DEFENDANT, TRAVIS W. STOE, TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation Defendant, Travis W. Stoe ("Defendant"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted. 3. Denied. The Answer contained in paragraph 1 hereof is incorporated herein by reference as if set forth in its entirety. 4. Admitted in part and denied in part. As to the ownership of the vehicle, Plaintiff-husband was operating on August 12, 1997, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 5. Admitted. 6. Admitted in part and denied in part. As to the ownership of the vehicle, Defendant- Sorenson was operating on August 12, 1997, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 7. Admitted in part and denied in part. With respect to the allegation that Plaintiff-husband was "properly stopped" such allegation states a legal conclusion to which no response is necessary. All other allegations of this paragraph are admitted. 8. Admitted in part and denied in part. The Answer contained in Paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 10. (a) - (1). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. COUNT I PLAINTIFF ROBERT F. MROZINSKI V. DEFENDANT TRAVIS W. STOE 11. The answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in its entirety. 12. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation that Plaintiff-husband sustained personal injury as a result of the motor vehicle accident which occurred on August 12, 1997, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 13. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 14. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 17. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. WHEREFORE, Defendant, Travis W. Stoe, demands judgment in his favor and against Plaintiffs. COUNT II PLAINTIFF ROBERT F MROZINSKI v DEFENDANT SORENSEN 18. The answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in their entirety. 19-25. The allegations contained in these paragraphs pertain to parties other than Defendant. Accordingly, and upon advise of counsel, no answer on the part of Defendant is required. WHEREFORE, Defendant, Travis W. Stoe, demands judgment in his favor and against Plaintiffs. COUNT III JOAN M MROZINSKI v DEFENDANT STOE 26. The answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in its entirety. 27. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation that the Plaintiff-wife sustained injury or damages as a result of any conduct on the part of Defendant, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 28. Denied. The answer contained in paragraph 27 hereof is incorporated herein by reference as if set forth in its entirety. 29. Denied. The answer contained in paragraph 27 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Travis W. Stoe, demands judgment in his favor and against Plaintiffs. COUNT IV JOAN M MROZINSKI v DEFENDANT SORENSEN 30. The answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in their entirety. 31-33. The allegations contained in these paragraphs pertain to parties other than Defendant. Accordingly, and upon advise of counsel, no answer on the part of Defendant is required. WHEREFORE, Defendant, Travis W. Stoe, demands judgment in his favor and against Plaintiffs. BADOWSKI, BANKO, KROLL, KRONTHAL and BAKER A Professional Corporation Date: ( I) ?? ] By: / _ I / St phe L. B Attor v I.D KO, Jr. No. 41727 P. 0. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, Travis W. Stoe I, Travis W. Stoe, depose and say, subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. 4vj??6- Date Travis W. Stoe 4419-1 - 7 - I hereby certify that a copy of the foregoing was served upon counsel of record on this the L2'!` day of 4 ? 1999, V , by United States First Class Mail, postage prepaid, addressed as follows: Henry F. Coyne, Esquire Coyne & Coyne, P. C. 3901 Market Street Camp Hill, PA 17011-4227 (Attorney for Plaintiffs) Paul W. Grego, Esquire POST & SCHELL, P. C. 240 Grand View Avenue #100 Camp Hill, PA 17011-1706 (Attorney for Defendant Sorenson) Heidi Leonard (Secretary) c r r) O C? U Ll u? ?j POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. # 39701 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ROBERT F. MROZINSKI and JOAN M. MROZINSKI Plaintiffs, V. TRAVIS W. STOE and CHARLES ERIC SORENSEN Defendants. ATTORNEYS FOR DEFENDANT CHARLES E. SORENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA NO. 99-3985 CIVIL ACTION - LAW REQUEST FOR ADMISSIONS TO PLAINTIFFS TO: Plaintiff and counsel TAKE NOTICE: Pursuant to Pa. R.C.P. 4014 you are hereby required to admit or deny the truth of the following statements, or otherwise comply with the rule, within 30 days. You are requested to admit for the purposes of the pending action only the truth of the following matters: i Plaintiffs have no evidence that there is a claim for liability against Charles Eric Sorensen for allegations alleged in the Complaint. Admit: Deny: Respectfully submitted, POST & SCHELL, P.C. PAUL W. GREGO, ESQ E Counsel for Defendant Date:/, 211191 -2- r I, Angela M. Flynn, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Henry F. Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Stephen L. Banko, Jr. Sadowski, Banko, Kroll, Kronthal and Baker Attorneys and Counselors at Law 3510 Trindle Road Camp Hill, Pa 17011 ANGEL FLYNN DATE: C -3- Cf «? FY- C: 1? UI(.? -- ?? ?..1 ?+? ?+ __ :: _ [? 1` i? 1 J , . i'7 ,:J , L .?_ L ':_ _ 1: ?? rn c? J PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY 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) ROBERT F. MROZINSKI and JOAN M. MROZINSKI, VS. TRAVIS W. STOE and CHARLES ERIC SORENSEN, (Plaintiff) (check one) ( ) Assumpsit ( Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on August 15, 2000 and Trials commence on September 11 , 2000. VS. (Defendant) Pretrials will be held on -A-ugu , 7000 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) Indicate the attorney who will try case for the party who files this praecipe: -- 1999 Indicate trial counsel for other parties if known: Rolf E. Kroll,Esquire;.. Paul W. Grego, Esquire This case is ready for trial. Date: No. 99-3985 Civil Term Signed: Print Name: VIE- Attorney for: /1J 1' 1 r 1=______ h.- I ?jl .I ' ? C 1 i' _ _J - 18. Robert F. Mrozinski and Joan M. Mrozinski V Travis W. Stoe and Charles Eric Sorensen : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3985 CIVIL TERM AND NOW, August 15, 2000, at the request of the plaintiff, the above-captioned matter is continued from the September 11, 2000 trial tern. Prothonotary is directed to relist the case for the October 30, 2000 trial term. By the Court, Henry F. Coyne, Esquire For the Plaintiff Paul W. Grego, Esquire For the Defendant Court Administrator bb ull :i.i.., :.; J11 itd `` I -- ROBERT F. MROZINSKI and JOAN M. MROZINSKI, Plaintiffs Vs. TRAVIS W. STOE and CHARLES ERIC SORENSEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. *3985 CIVIL TERM : JURY TRIAL DEMANDED ORDER ?l AND NOW THIS day of 2000 pursuant to the Petition filed by Plaintiff indicating that Robert F. Mrozinsl i is scheduled for cardiac surgery on October 19, 2000, it is ORDERED that this case be removed from trial list scheduled to commence the week of October 30, 2000. cc: Henry F. Coyne, Esquire For Plaintiffs Rolf E. Kroll, Esquire For Defendant Shoe Paul W. Grego, Esquire For Defendant Sorensen L /Q-/ /-0V A3 ` ,? ROBERT F. MROZINSYI and JOAN M. MROZINSIU, Plaintiffs VS. TRAVIS W. STOE and CHARLES ERIC SORENSEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-3985 CIVIL TERM JURY TRIAL DEMANDED PETITION TO REMOVE CASE FROM TRIAL LIST TO THE HONORABLE SAID JUDGES OF THIS COURT: AND NOW COMES the Plaintiffs, Robert F. Mrozinski and Joan M. Mrozinski by their counsel, Henry F. Coyne, Esquire and files the following petition: 1. On Thursday, October 12, 2000, Plaintiff Robert F. Mrozinski, contacted his undersigned counsel and advised that as a result of Plaintiffs cardiac evaluation of October 11, 2000, Mr. Mrozinski is scheduled for open-heart surgery commencing on October 19, 2000. 2. W. Mrozinski's physicians and surgeons have advised Mr. Mrozinski that they estimate his hospital stay to last through October 27, 2000. 3. This case is listed to be tried during the October 30, 2000 trial week, 4 Pursuant to Local Rule 206-2(c), opposing counsels were verbally advised of the contents of this Petition and that a Petition would be filed; however, Plaintiff has not received any response from opposing counsel concerning their concurrence or non-concurrence of the relief sought. WHEREFORE, based upon the foregoing information, Plaintiff respectfully request that his case be removed from the trial list scheduled to commence the week of October 30, 2000. Respectfully submitted Dated: _1 Z 0 et- V'a COYNE & COYNE, P.C. BY: HENRY F. CONE, ESQUIRE 3901 Market Street Camp Hill, PA 17011.4227 (717) 737-0464 Pa. S. Ct. No: 06250 Attorneys for Plaintiffs N CERTIFICATE OF SERVICE I, Henry F. Coyne, of Coyne & Coyne, P.C., hereby certify that true copy of Plaintiffs' Petition to Remove Case from Trial List was served this date upon the below-referenced individuals at the below listed address by way of First class mail, postage prepaid: Rolf E. Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paul W. Grego, Esquire Post & Schell 240 Grandview Avenue Camp Hill, PA 17011 Dated: 12 0 61 l2:0 COYNE & COYNE, P.C. /M -PA? AZeWAZ HENRY F. CO , ESQUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 CERTIFICATE OF SERVICE I, Henry F. Coyne, of Coyne & Coyne, P.C., hereby certify that true copy of Plaintiffs' Petition to Remove Case from Trial List was served this date upon the below-referenced individuals at the below listed address by way of First class mail, postage prepaid: Rolf E. Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paul W. Grego, Esquire Post & Schell 240 Grandview Avenue Camp Hill, PA 17011 COYNE & COYNE, P.C Dated: r 2 U dl (2-8 HENRY F. COYNIJ, ESQUIRE / 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 - ;- : . ?,, . -- . ; ; _ _ '? ' ; ; ?' ,?, ?. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY 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) ROBERT F. MROZINSKI AND JOAN M. MROZINSKI, (Plaintiff) VS. TRAVIS W. STORE AND CHARLES ERIC SORENSEN, (Defendant) VS. (check one) ( ) Assumpsit ( X ) Trespass ( ) Trespass (Motor Vehicle) 1 ) The trial list will be called on anti 1 A 9 nni and Trials commence on April 3n., 9.nOl-. Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 99-3985 Civil Term ____ 1999_ Indicate the attorney who will try case for the party who files this praecipe: Henry F. Coyne, Esquire Indicate trial counsel for other parties if known: Rolf E _ Kroll, Esguire, __ _ _ __ Paul W. Grego, Esquire This case is ready for trial. Signed: _ Print Name: _.Henx__ Coyne__ ____ Date: Fehr11ar",.-29.Q1____ Attorney for: Uaintiff._ _ i ? a ? L• v