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Home My WebLink About99-04483 ..J I 'Y' i. I KELLY M. MCANDREW A minor, by JAMES J. MCANDREW and ANN MCANDREW, her parents and guardians V. LEONARD M.ZAZETSKI And LINDA JOY ARMSTRONG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 CIVIL TERM ORDER OF COURT AND NOW, this 17T" day of AUGUST, 2004, a hearing on the "Joint Petition for Approval of Minor's Settlement" will be held on TUESDAY, SEPTEMBER 7 2004 at 9:00 a.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. y the Court, Edward E. Guido, J. cAichael A. O'Pake, Esquire ;/lefferson J. Shipman, Esquire :sld .? ?,-,. °?? ' ; I ?. ?i, ?? 5u i,. _ .. :., „? _. ?`` M._. 08/04/2004 02: 36 FAX 717 701 3015 JUS&N rQJoo2mloo M KELLY M. McANDREW, a MINOR, by JAMES J. McANDREW and ANN McANDREW, HER PARENTS and GUARDIANS, Plaintiffs V. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants IN THE COURT OF COMMON PLEAS.OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this _ day of 2004, upon consideration of the Joint Petition for Court Approval of a Minor's Settlement, and believing that the settlement is in the best interest of the child, this Court grants the Petition for Approval of a Minor Settlement. BY THE COURT: , J. 08/04/2004 01::16 FAX 717 761 3019 .11)S&II l Qoo3/006 KELLY M. McANDREW, a MINOR, by JAMES J. McANDREW and ANN McANDREW, HER PARENTS and GUARDIANS, Plaintiffs V. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 CIVIL TERM CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED pia ?- C film r r F ? O 23 ' K Co JOINT PETITION FOR APPROVAL OF MINOR'S SETTLEMENT TO: THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, come the parties, James M. McAndrew and Ann McAndrew, as parents and natural guardians of Kelly M. McAndrew, by and through their counsel, Michael A. O'Pake, Esquire and Defendants, by and through their counsel, Jefferson J. Shipman, Esquire, who file this Joint Petition for Court Approval of a Minor's Settlement, by respectfully stating the following: 1. That the minor Plaintiff, Kelly M. McAndrew, is presently age 17, having been born on June 2. 1987 and resides with her parents, Plaintiffs, James J. and Ann McAndrew, at 314 Florida Avenue, Shenandoah, Pennsylvania, 17976. 08/04/2004 02:36 FAX 717 761 3015 JoSMH pjo04 nob 2. That the minor Plaintiff sustained personal injuries as a result of a motor vehicle accident which occurred on July 27, 1997 in Mechanicsburg, Cumberland County, Pennsylvania. 3. That as a result of the subject accident the minor Plaintiff sustained a laceration on her forehead. 4. That all of the medical expenses associated with this claim have been paid. 5. That Defendants' insurance carrier has offered the sum of Six Thousand ($6,000.00) to settle the claim of the minor Plaintiff. 6. That your Petitioners, after consideration of this matter, have determined that the offer is reasonable and will accept the Six Thousand ($6,000.00) settlement offer. 7. Mr. and Mrs. McAndrew have negotiated a settlement on behalf of Kelly McAndrew with the insurance carrier for the Defendant. 6. Mr. and Mrs. McAndrew are aware that monies received are monies for their minor child. 9.. Defendants, while denying liability for the injuries to the minor, has offered to compromise the claim for the above-referenced settlement amount. 08/042004 02:37 FAX 717 781 3011 .IuS&W Z005/006 10. Mr. and Mrs. McAndrew have reviewed the proposed settlement and believe the settlement to be fair, just, and equitable and in the best interest of their minor child. WHEREFORE, your Petitioners respectfully request that The Court approve the proposed compromise settlement, order distribution of the proceeds, and authorize your Petitioners to execute a Release of All Claims and to discontinue the subject action. d DATE: 6'/%t 1101 DATE: I1--Zr o v Michael A. O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 Attorneys for Plaintiffs, Kelly M. McAndrew, a Minor, and James J. McAndrew and Ann McAndrew, parents and guardians of Kelly M. McAndrew, a Minor JOHNSON, DUFFIE, STEWART & WEIDNER ZIP, Oetfirson J. Shipm9n, Esquire Attorney I.D. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant 08/04/2004 02:37 PAX 717 701 301E .11)SO Zo00/000 We, James J. McAndrew and Ann McAndrew, parents of Kelly M. McAndrew, a minor, hereby acknowledge that we are the Plaintiffs/Petitioners in this action, and we have read the foregoing document and'that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein made are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 4(mas J. Orr-Andrew ri4m, cJ y? Ann McAndrew DATE: _1 -14-6r :230086..2 i' 08/04/1004 02:30 Fns 717 701 3015 .IDS&W Q001/00u LAW OFFICES JOHNSON, DUFFLE, STEWART & WEIDNER A Proreddonal Corporation JERRY R. DUFFIE 301 MARKET STREET MORACE A. JOHNSON RICHARD W STEWART P.O. SOX 109 F LEE SHIPMAN C ROY WEIDNER JR LEMOYNE, PENNSYLVANIA 17043-0109 OF COUNSEL EDMUND G. MYERS WEESITE: www.ldsw.com DAVID W. DELUCE JEFFERSON. SHIPHAN RALPH H. WRIGHT, JR. TELEPHONE 717.7614540 - MARK C. DUFFIE FACSIMME 717.761.3015 JOHN R. NINOSKY E-MAIL: moil@jdsw.com MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLY FAX TRANSMISSION COVER LETTER DATE: Y -O y /i II?nT(dYl Melf55R TO: .. CITY/STATE: /n(f FACSEVME' NO.: n , 09I r "10- w ` o FROM: I "Iark (t° l TP# HARD COPY WILL FOLLOW ORIGINAL WILL BE RETAINED WE ARE TRANSMITTING `" PAGES, INCLUDING THIS COVER LETTER. IF TRANSMISSION IS NOT COMPLETE, PLEASE CALL OUR OFFICES AT (717) 76113540. MESSAGE: OUR FILE 4199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION - LAW KELLY M. MCANDREW, a minor, by JAMES J. MCANDREW and ANN MCANDREW, her parents and guardians 314 Florida Avenue Shenandoah, PA 17976 Plaintiffs VS. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, 412 Poplar Avenue New Cumberland, PA 17070-1870 Defendants PRAECIPE FOR WRIT OF SUMMON' '1'O THE PROTHONOTARY: Please issue a Writ of Summons against Leonard M. Zazetski and Linda Joy Armstrong, 412 Poplar Avenue, New Cumberland, Pennsylvania 17070-1870, in the above captioned civil action. DATED: Respectfully Submitted, CLTRRAN LAW OFFICES By: Michael A. O'Pake, Esquire 101 N. Centre Street Fifth Floor Pottsville, PA 17901 Phone: (717) 622-6880 Any. I.D. No.: 53244 . El C cn CJ 2 ? b9 IQ w ro F C C p G w j o w p . w 0 w U q N 0 i w w il r0 C ro C o m - w H o00z ro ro" ow ro ? w ai O z ? UU O ? q C' g vm xZ 6 O a O W F 0 { y z ro W~ 4 7 FP H O i? U W ' C7 C46. C ? ? 6 w i! aCi v tw7 a? ? ? , F o W O m a U ?! H U h ro N b C > g N a 6 ro W H W W z t ?j W U H m . w W ro ° ?+ >+ ro d co A O r/? . v m ou a a V [ O- -0 P4 Cd 04 L) L H W ?4 7- ? qqQQ N H >1 . C . + w W xa eomm r7avz Commonwealth of Pennsylvania County of Cumberland KELLY M. MCANDREW, A MINOR BY JAMES J. MCANDREW AND ANN Mr-ANDREW, HER PARENTS AND GUARDIANS V& LEONARD M. ZAZEPSKI AND LINDA JOY ARMSTRONG 412 Poplar Avenue New Cumberland, PA 17070-1870 Court of Common Pleas No. ______ 99_9483_Ciyilrm________ 19____ Civil Action --Law To __.Leonard-M.._Zazstski_and.Linda_J"ay-Arrmtrong You are hereby notified that Kelly M: McAndrew, a minor,_ by_Jam?s J. McAndrew and -Ann- McAndrew, her parents and guardians -- -- - - --- - the Plaintiff has commenced an action in ___ Civil_ACtim--_JAW against you which you are required to defend or a default judgment may be entered against you. (SEAL) ----------------- Curtis_R. Long--------------- Prothonotary Date ----- July 26---------------- 19_29_ -_(?Q72r?aJ____ Deputy i al I I ) o r Iq I I 4 ?S j I ? r- [v'??i o ?1 a 00 N , .E h ' is n a CN 3: co c I a? ~C N .ri N ' k U riWl ?1l C] U I i{ p V fy W P' 4 SHERIFF'S RETURN - REGULAR i CASE NO: 1999-04483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCANDREW KELLY M ET AL VS. ZAZETSKI LEONALRD M ET AL CPL MICHAEL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ZAZETSKI LEONARD M defendant, at 16:45 HOURS, on the 29th day of July the 1999 at 412 POPLAR AVENUE NEW CUMBERLAND, PA 17070-1870 County, Pennsylvania, by handing to LEONARD ZAZETSKI CUMBERLAND a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriffs Costs. Docketing So answers: Service 18.00 10.54 Affidavit 00 Surcharge .00 8.00 RnInomasne; Sherri I 0%1999 O'PAKE by e u y 1 Sworn and subscribed to before me this 90 w day of 19? A.D. 1?'O£/?Op SHERIFF'S RETURN - REGULAR CASE NO: 1999-04483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCANDRF.W KELLY M ET AL VS. ZAZETSKI LEONALRD M ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ARMSTRONG LINDA JOY the defendant, at 16:45 HOURS, on the 29th day of July 1999 at 412 POPLAR AVENUE NEW CUMBERLAND, PA 17070-1870 CUMBERLAND County, Pennsylvania, by handing to LEONARD M. ZAZETSKI a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 l? Service .00 7J? Af f idavit .00 Surcharge 8.00 $ omas ine, eri 07/30/199. O'PA?KEE by Y Sworn and subscribed to before me this 3U day o 19- 91 A. D. ?...?_ 0 ono ar KELLY M. McANDREW, JAMES J. McANDREW, ANN McANDREW, Plaintiffs V. LEONARD M. ZAZETSKI, LINDA JOY ARMSTRONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4483 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of a motion filed by Michael A. O'Pake, Esquire, on behalf of Plaintiffs to strike the case from the purge list, and no objection having been presented in open court, the motion is granted, the rase is stricken from the purge list, and the case shall remain open. Michael A. O'Pake, Esquire For the Plaintiffs Leonard M. Zazetski Linda Joy Armstrong 412 Poplar Avenue New Cumberland, PA 17070 Defendants Court Administrator wcy - ii-if -oa ?5z By the Court, .I Jefferson J.Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants KELLY M. MCANDREW, a minor by JAMES J. MCANDREW and ANN MCANDREW, her parents and guardians, Plaintiffs VS. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-9983 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN && SHIPMAN, P.C. 45, J f son J. Shipp n, Esquire 3/20 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: Attorneys for Defendant TRUE COPY FROM RECORD RULE In Tasdmony whamol, I huf2 utit0 set my hand TO: Michael O' Pake, Esquire and M SF?j of %ild CJ" iII51E, Pd. 909 West Market Street day Pottsville, PA 17901 Attorney for Plaintiffs A Rule is hereby issued upon Plaintiffs to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. DATE ??r7 ?Iocu Curt Long, Prothonota 90999.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on L Michael O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. . Ly f erson J. Sh pman, Esquire D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants .- I L ?? o U Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants KELLY M. MCANDREW, a minor IN THE COURT OF COMMON PLEAS OF by JAMES J. MCANDREW and CUMBERLAND COUNTY, PENNSYLVANIA ANN MCANDREW, her parents and guardians, Plaintiffs Vs. CIVIL ACTION - LAW LEONARD M. ZAZETSKI and 99-4483 CIVIL TERM LINDA JOY ARMSTRONG, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jefferson J. Shipman, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel on behalf of Defendants, Leonard M. Zazetski and Linda Joy Armstrong. DATE: 91001.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. B If erson J. Shi an, Esquire ttorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on 5 0 3 Michael O'Pake, Esquire 909 West Market Street Pottsville, PA 17901 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. y ?,Jnaa.? ?defferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants CU _ Ir Jefferson J. Shipman I.D.#51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Counsel for Defendants KELLY M. McANDREW, a minor by JAMES J. McANDREW and ANN McANDREW, her parents and guardians, Plaintiffs V. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. I:ZKATZMAN & S P AN, PC. Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 BY. / Counsel for Defendant Date: ?{ ak/d 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the i t ? day of / I ri ! . 2003, addressed as follows: Michael O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants Jefferson J. Shipman I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Counsel for Defendants KELLY M. McANDREW, a minor by JAMES J. McANDREW and ANN McANDREW, her parents and guardians, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 Civil Term CIVIL ACTION - LAW LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Michael O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve four subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By 6'?t? Je son 1. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: Nl i(:/n 3 Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the _/? -fil day of AP , 1 2003, addressed as follows: Michael O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 By BE KATZMAN & SHIPMAN, P.C. GOLD Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant OY41- Aa1 EA]"PH or rl:?aws?l,vi,NJJ, Kelly N. McAndrew, a minor by aIJlarY OF (]3P11iEM-AND James J. McAndrew and Ann McAndrew, her parents and guardians, Plaintiffs Leonard N. Zazetski and Pic No. 99-4483 Linda Joy Armstrong, Defendants SUBPOENA TO PRODUX DoWCcNTS OR THII43S FOR Dl=%IERY PURSUANT TO RULE 4009.22 TO: Traveler< Insurance group (Na-ne 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 thing s: any and all records, reports, file information, medical records pertaining to claim # SP14953--- 13ate off' oss 7/27/97 Ke y McAn rew :6/2/8 --- SSNo 21, 66 9338 - at _ Goldberg, Katzman d Shipman 320 Market St., P.O.Box 1268, Harrisburg, PA 17108-1268 (Address) You nay deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpliance, 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 cunpelling you to ccrply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAh£. Jefferson J. Shipman, Esquire -GM erg, Ka zma ,C. ADDRESS: _320 *L rket gr n n gox 196g Harrisburg, PA 17108-1268 TELEPHONE: 717-234-4161 SUPREME CaMT ID 41 51785 ATTOR14EY FOR: Defendants BY THE ar.X2T: / Prothonotary/Clerk, _C111-Lit Division DATE:_ Roar IS .13a3 Sehl of the Co&-t L Deputy U:P•?a :A JI ?'1 %i1;JY) OV PJ:NIdS19.V/:JJl/, Kelly M. McAndrew, a minor by QAJWI1 OF 0.)1d107dANI) James J. McAndrew and Ann McAndrew, her parents and guardians, Plaintiffs V. Leonard M. Zazetski and Linda Joy Armstrong, TO: Defendants 17'i 1 e No, 99-4483 SUBPOENA TO PRODJ:E DOOJI9FI,9'S oR THII43S FOR DISCOVERY PURSUANT TO RULE- 4009.22 of Person or Enti Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doarr»ants or things: any and all medical records, reports, correspondencf diagnostic test results p- ertaining to Kelly McAndrew SSN• 211-66-9538 DOB• 6/2L$1- at -Goldberg, Katzman S Shipman 320 Market St., P.O. Boa 1268, Harrisb PA 171011-1768 (Address) You may deliver or rmil legible conies of the docurrrnts or produce things requested this sub by poerra, together with the certificate of arpliance, 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena ray seek a court order carpel l irog you to ecmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWIN3 PERSON: NAhE. Jefferson J. Shipman, Esquire ADDRESS erg, Katzman Shipman, P.C. __3711 wnrtr„r Sr p 0 n 1268 Harrisburg, PA 17108-1268 TELEPHDNE: 717-234-4161 SUPREI'£ COURT ID #I 51785 ATTOR14E-Y FOR: Defendants DATE: _1y l q? Sea P of the Coui U:Y,d'4_NdWl +il a'li Ui' 1'L)dW;YLVANI)s C7JPili3:7aaldll O"J3I311)' OF Kelly M. McAndrew, a minor by James J. McAndrew and Ann McAndrew, her parents and guardians, Plaintiffs 17'ilt_ IJu. 99-448 T V. Leonard M. Zazetski and Linda Joy Armstrong, Defendants SUBPOENA TO PIRWJx DDCA7CliTS at lIiIIJ3S FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doarnrnts or things: any and all medical rerords_rpp_rxs,--coz?dence diagnostic test results nertaininQ Relly McAndrew CSM' 911-FF-95?R TnR• c/oi87 _ at Goldbere Katzman 6 Shipman '370 Mnrk.t S . r_n_ Rnr 776R_ nom.-r-jn1,....., PA ,-,,.,., 268 (Address) You nay deliver or mail legible copies of the dac=ents or produce things requested by this subpoena, together with the certificate of artpliance, 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 docunents or things required by this subpoma within twenty (20) days after its service, the party serving this subpoena tray seek a court order cmipelling you to comply with it. THIS SUBPOE14A WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSC?4 NAME. Jefferson J. Shipman, Esquire ADDRESS: 7:otaoerg, Katzman S S iii pmau, P.C. x'10 Market St., P.O. Box 1268 -Heirisburg-,-gA 1-108 1268 TEL£PI-LYNE : 717-234-4161 SIY.'REI1- COURT ID 41 51785 ATTOR14EY FOR: Defendant DATL-:_?t( / nZt?„Z„__ Se 1 of the Cw t L1 Pediatrics U"Y,?Y7:N7P;17i3;J'11 O)' PLt JId'q'J.VAIJL, 0:01117' OF O)6931):IAND Kelly M. McAndrew, a minor by James J. McAndrew and Ann McAndrew, her parents and guardians, Plaintiffs File 1Ju 99=4483 V. Leonard M. Zazetski and Linda Joy Armstrong, Defendants SUBPOENA TO PRO'?'UOf DO'X .ICNFS aR -11111435 FOR DISOJVERY PU3SUANT TO RULE 4009.22 TO: Nikolas Baran M.D. of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowin.9 docune.nts or things: any and all medical records. reports PorrPsnondenc' diagnostic tess_r su is pertaining to Kelly McAndrew N• 211-66-9519 nnn- 6.12187 _ at C•nldherg Katzman C Shipman 170 Market St. P_(1_ Box 126$ Aarrjah,,rgrD1 44)&_ 46c_. (Address) You ray deliver or mail legible copies of the dxurents or produce things requested by this subpoena, together with the certificate of arpliance, 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 docurents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena tray seek a court order corr;5eIIing you to arrply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLNIIJ13 PERSON: NAtE• Jefferson J. Shipman, Esquire ADDRESS: Goldberg, Katzman -Shipman, P.C. Harrisburg, PA 17108-1268 TELEPHONE: 717-234-4161 SIPREI1E COURT ID 41 51785 ATTORNEY FOR: Defendant, DATE:_ n Sea of the Cou.-t BY TliE O0'.PT: Prothonotary//CClerkk, Civi' Ivision m , s ?, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW KELLY M. MCANDREW, a MINOR, by JAMES J. MCANDREW and ANN MCANDREW, HER PARENTS and GUARDIANS, Plaintiff vs. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants 99-4483 CIVIL TERM 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 an 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 judgment may be entered against you by the Court 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar, P.O. Box 186 Harrisburg, PA 17108 Telephone 1-800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW KELLY M. MCANDREW, a MINOR, by JAMES J. MCANDREW and = 99-4483 CIVIL TERM ANN MCANDREW, HER PARENTS = and GUARDIANS, Plaintiff = vs. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, = Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Kelly M. McAndrew, a minor, by James J. McAndrew and Ann McAndrew, her parents and guardians, by and through her attorney, Michael A. O'Pake, Esquire, against Defendants, Leonard M. Zazetski and Linda Joy Armstrong, upon a civil cause of action and in support thereof avers the following: 1. Plaintiff, Kelly M. McAndrew, a minor, is a citizen and resident of the Commonwealth of Pennsylvania residing therein at 314 Florida Avenue, Shenandoah, Schuylkill County, Pennsylvania 17976 and this action is being prosecuted on her behalf by her parents and guardians, James J. McAndrew and Ann McAndrew, his wife, also residing at 314 Florida Avenue, Shenandoah, Schuylkill County, Pennsylvania 17976. 2. Defendants, Leonard M. Zazetski and Linda Joy Armstrong, are citizens and residents of the Commonwealth of Pennsylvania residing therein at 412 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. At all times material to Plaintiffs cause of action, the Defendants, Leonard M. Zazetski and Linda Joy Armstrong, were the owners, possessors, maintainers, and in control of a certain motor vehicle that was then and there being operated by Defendant, Leonard M. Zazetski. 4. At all times material to Plaintiffs cause of action, the Defendant, Linda Joy Armstrong, negligently entrusted her motor vehicle to Defendant, Leonard M. Zazetski, when she knew or should have known of his negligent propensity to operate a vehicle. 5. At all times material to Plaintiff's cause of action, the Plaintiff, Kelly M. McAndrew, a minor, was a passenger in a motor vehicle owned, operated, possessed, maintained, and controlled by her uncle, John McAndrew. 6. On or about July 27, 1997, Plaintiff, Kelly M. McAndrew, a minor was a passenger in a motor vehicle which was lawfully traveling on a roadway in Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforementioned date and time, the Defendant, Leonard M. Zazetski, was operating a motor vehicle at which time he unlawfully failed to stop at a posted stop sign and collided with the motor vehicle in which Plaintiff, Kelly M. McAndrew, was a passenger. 8. The negligence and carelessness of Defendant consisted of the following: a. Failing to regard the rights, safety, and position of Plaintiff at the point aforesaid; b. Failing to have said motor vehicle under proper and adequate control; C. Failing to pay attention; d. Operating said motor vehicle into the line of oncoming traffic causing it to collide with the vehicle in which Plaintiff was a passenger; C. Violating the statutes of the Commonwealth of Pennsylvania and the local ordinances and regulations of the area where the accident occurred pertaining to the operation of said motor vehicle; 9. As a result of the collision, the Plaintiff sustained serious personal injuries more particularly hereinafter set forth. 10. As a result of the aforesaid, the Plaintiff sustained serious bodily injury in that she received a laceration on her forehead which has left a scar; a cut lip; abrasions to right cheek, some orall which Plaintiff has been advised are or may be permanent in nature. 11. Asa result of the aforesaid, the Plaintiff has undergone great physical pain and mental anguish and he will continue to endure the same, for an indefinite time in the future, to her great detriment and loss. 12. As a result of the aforesaid, the Plaintiff has been obliged to expense large sums of money for medicine and medical attention in an effort to affect a cure of her aforesaid injuries, to her great detriment and loss. 13. As a result of the aforesaid, Plaintiff has been unable to attend to her usual and daily duties and she will be unable to attend to the same for an indefinite time in the future, to her great detriment and loss. WHEREFORE, Plaintiff claims of the Defendants herein a sum in excess of twenty-five thousand ($25,000.00). The amount sued upon is in excess of the amount requiring submission to arbitration. Respectfully submitted, Law Offices of Michael A. O'Pake By:_2??e4, o-,yt, Michael A. O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 DATED: y J? D? Phone: (570) 624-7070 Atty. I.D. No.: 53244 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SCHUYLKILL SS: Pursuant to Pennsylvania Rules of Civil Procedure Nos. 76 and 1024, I, MICHAEL A. O'PAKE, ESQUIRE, Counsel for the Plaintiff, state and affirm that the facts contained in the preceding document have been provided to me by the Plaintiff and I believe them to be true subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsifications to authorities. Counsel for Defendant makes this verification due to the unavailability of the Defendant in time to file this Complaint. MICHAEL A. O'PAKE, ESQUIRE Attorney for Plaintiff l Ill •J 1 L1, W k ? ro W N a 0 N N P4 >4 4J 44 4J E 3 E ro m a a ro a z o (0 U F ro t fa ° a c O a oW a i b X2w F N o 0 O UOZ H 3:0 p H NO a) z . y O > Wz N W FWf> H O E u EW 4 U M EAzU ?C?3 mN(n >N a P4 S O,?ym_! i ? v W Ix W . 0 f3 ?2 Ci v i U I? in O U ,7 0 (a 0 a° xoU ON ro a N C s F ah N zQ a z ro Oz z W>+z 0 WH H 94 b+ as Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (711) 234-4161 Counsel for Defendants KELLY M. MCANDREW, a minor IN THE COURT OF COMMON PLEAS OF by JAMES J. MCANDREW and CUMBERLAND COUNTY, PENNSYLVANIA ANN MCANDREW, her parents and guardians, Plaintiffs VS. CIVIL ACTION - LAW LEONARD M. ZAZETSKI and 99-4483 CIVIL TERM LINDA JOY ARMSTRONG, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their attorney, Michael O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 You are hereby notified to plead to the New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. Esquire nan, qtorney on J. ip1 I.D. . 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: Attorneys for Defendant ??Zq?03 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants KELLY M. MCANDREW, a minor IN THE COURT OF COMMON PLEAS OF by JAMES J. MCANDREW and CUMBERLAND COUNTY, PENNSYLVANIA ANN MCANDREW, her parents and guardians, Plaintiffs VS. CIVIL ACTION - LAW LEONARD M. ZAZETSKI and 99-4483 CIVIL TERM LINDA JOY ARMSTRONG, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS LEONARD M. ZAZETSKI AND LINDA JOY ARMSTRONG TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, Leonard M. Zazetski and Linda Joy Armstrong, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Denied. The averments contained in Paragraph No. 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Admitted in part, denied in part. It is admitted only that the minor Plaintiff, Kelly M. McAndrew, was a passenger in said motor vehicle. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 5. 6. Admitted upon information and belief. 7. Admitted in part, denied in part. It is admitted only that Mr. Zazetski failed to stop at a stop sign and that there was an impact with the Plaintiffs' vehicle. The remaining averments of Paragraph No. 7 are conclusions of law to which no response is required. 8. Denied. The averments contained in Paragraph No. 8 and subparagraphs (a) through (e) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 9 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 2 10. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 10 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 11 relating to Plaintiff's alleged physical pain and mental anguish and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 12 relating to Plaintiff's alleged medical treatment and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 13 relating to Plaintiff's alleged damages and the 3 same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the Defendants, Leonard M. Zazetski and Linda Joy Armstrong, respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendants interpose the following New Matter defenses: 14. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seq. 15. That Plaintiffs' claims may be limited or barred by the limited tort option pursuant to 75 Pa. C.S.A. §1705, et seq. 16. That if it should be found that there was any negligence on the part of the Defendant Zazetski, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 17. That the Plaintiffs have failed to state a cause of action against Linda Armstrong. 18. That the Plaintiffs may have failed to mitigate their damages. 4 19. That the subject may be barred by the applicable statute of limitations. WHEREFORE, the Defendants, Leonard M. Zazetski and Linda Joy Armstrong, respectfully request that judgment be entered in their favor and that Plaintiffs, Complaint be dismissed with prejudice. Respectfully submitted: DATE: rl"Z114j 95821.1 111 GOLDBERG, KATZMAN & SHIPMAN, P.C. ')ttorney , son J. I manEsquire I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 239-4161 Attorneys for Defendant 5 VERIFICATION I, LEONARD M. ZAZETSKI, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Section 9909, relating to unsworn falsification to authorities. eonard M. Za et Date: ?-'an-o3 VA . VERIFICATION I, LINDA JOY ARMSTRONG, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Section 4909, relating to unsworn falsification to authorities. v. ?5 Linda Joy r trong Date: C`Z710 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on I -T $q , 2003: Michael O'Pake, Esquire 909 West Market Street Pottsville, PA 17901 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. rJ f n J. Sh pman, Esquire .D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants C%j :i C: i 4 .l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW KELLY M. MCANDREW, a MINOR, by JAMES J. MCANDREW and ANN MCANDREW, HER PARENTS and GUARDIANS, Plaintiff VS. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants 99-4483 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANTS' NEW MATTER The Plaintiffs, by and through their attorney, Michael A. O'Pake, Esquire, respond to the Defendants' New Matter as follows: 14. Denied. The averments contained in paragraph number 14 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 15. Denied. The averments contained in paragraph number 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 16. Denied. The averments contained in paragraph number 16 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 17. Denied. The averments contained in paragraph number 17 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 18. Denied. The averments contained in paragraph number 18 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 19. Denied. The averments contained in paragraph number 19 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averients contained therein arc specifically denied. WHEREFORE, the Plaintiff. Kelly M. McAndrew, a minor, by James J. McAndrew and Ann McAndrew, her parents and guardians, respectfully request that the Defendants' New Matter be dismissed with prejudice. Respectfully submitted, Law Offices of Michael A. O'Pake By: Michael A. O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 DATED: -f/4 D Phone: (570) 624-7070 Atty. I.D. No.: 53244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW KELLY M. MCANDREW, a MINOR, by JAMES J. MCANDREW and = 99-4483 CIVIL TERM ANN MCANDREW, HER PARENTS = and GUARDIANS, Plaintiff VS. LEONARD M. ZAZETSKI and = LINDA JOY ARMSTRONG, _ Defendants = JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Michael A. O'Pake, Esquire, the attorney for Plaintiff, being duly swom according to law, says that he mailed by First Class Mail, the Plaintiffs' Response to Defendants' New Matter to the individual below at the address indicated. Jefferson J. Shipman, Esquire Goldberg, Katzman, &. Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, LAW OFFICES OF MICHAEL A. O'PAKE By: 22i4/ - () 4.L Michael A. O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 Phone: (570) 624-7070 Atty. I.D. No.: 53244 DATED: .2/I1. JOY a ti C7 ' tea:, 1= lJ l.? I,_ U r CV ?J Ch pq w u O N N 0 P4 '0 4-J (W V P 9 F N N C N 7. -.i 8 WE N °a I m q ro C NE k ^ SD o A ro a • i -H an Q) W R z ^ ? c0 d A u . I wA"? a u z 3rosi Nod ? o vO Pd o L]o w2H vav a ++siQ )4 N Q) 4J (Wz?w V1 w v 04p bU > N N aiz fpQv ? ee 0 E 9 N Si M U) 3 a) y a O + U a) ro ti h ppQq •h V C73 ..• F. H O b'O >r H? ° U5 > N 1.4 O E A v m UH a)r.C ro 10 zz o U b 0. F O : + =b Ht y a W -4 P: z C N W A 7-• .14 Q) >r F H ,Y. A y' ro i-7 ti7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW KELLY M. MCANDRE W, a MINOR, - by JAMES J. MCANDREW and = 99-4483 CIVIL TERM ANN MCANDREW, HER PARENTS and GUARDIANS, = Plaintiff vs. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, = Defendants _ JURY TRIAL DEMANDED AFFIDAVIT I, Michael A. O'Pake, Esquire, attorney for Kelly M. McAndrew, a minor in the above captioned matter, hereby certify that a savings account has been opened on behalf of the minor with the Minersville Safe Deposit Bank and Trust Company. The account number for the account is 900865 and a notation has been made to the account so that no withdrawals may be made from this account without Court approval prior to June 2, 2005. Attached hereto are copies of the application to open the account and the statement savings account booklet indicating an opening balance of $3,798.06. Respectfully sabmitted, Law Offices of Michael A. O'Pake By: ??ae ? Michael A. O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 DATED: 41.24](3q Phone: (570) 624-7070 Any. I.D. No.: 53244 11'9 U.':hlla ld.I F:':l'It, I) Us )IISE&SC!? ? Sd:E GEP05IT MS.^.,ar=v:?i,y 3a:a C:Pasi: Hark Ap'Att 9U:/lo ttav:':le/W rtwravill" H'•rl, PO Inraw'. - .uiaer•tvt_ie. Pa 17GSa-0=1b OwNF.FLif'IP OF ACCOUNT - PERSONAL PURPOSE INDIVIDUAL .? _ - - --- QT JOgaT.y/T'-=:rT/1VgH,HF ,.n. w.o: amm?ln <e-,-.+m j ? :CR:T- NG SURVNOP.3nIP ...0,a„_ „.. d.. 1 [ TnL::T S-P%FATC AGAEPAP'T ,J agwcC ,h-E "FVST 7C7.iUti :CN AS DPGf1ED tN -,IS AGF _ tpRl Nalnf and Aed•e<•. ,f Eerwo:::,, da: Plna:re No De "40 WITHDRAWALS" MAY BE MADE :.MDM THIS ACt:OUNT IJITEOOT COURT APY ow- .PRIOR TO .7HlIC 2x200$ 1 JIVNERSHIP OF A=UNT BUSINESS PURP03E OOL"d PROPRIETORSHIP LCRPOFATIOV: .J FCR PRORT - fIOT T]fl pP.OP'? _ PARTNEi1H? ACCOUNT 90046: NUMRhR ncCOUNT OWNFRISI NAME d AOrRE- JA:gS J M=;,VDREW F.MD A:IN MCANDR-c'W CfJARD I?-NS OF Ircl-iLY M N+^ltl`T7JR-?,.4, A 1M'1C'R I 13.4 MORISA AVE. ! SHENAMOAH, DA 17975 I x NEW Exis-fIO 7r,PC OF lr CHECKING SAVIV_S [ACCOUNT _ MONEY NARKS- CER'WCA I E OF CEP\'S T'. I - -9ia iy ycu• Ichack one): Statement SAv=gs I Permanent ,'-, Tomporarr account egr+.ema-1 I ]JUNT'I 5 3TUTE ' JF GRGArI.'ATICN: i 4r 1,C-nIZa- )'? DAT-cG CH'S OPEN-fc OS/?0104 RV^O-vT W nAL o4,ui - p ') - Cr .--_ - CALF ? :HW[ .? r VAS TS FSCrE : _ __ dU:.NESS PHONE F .--- c •.IAIL c,m. ..? cod,... ,. nn mw. •..1,o n ..vut. •:,dv.:"r'ccr.:c' 1 I I EACKUP"ITHHOL.ING C3rTIFICANGNS B. fAXPAeti; I.D. N•JfFtEH - iE9 -'.r'•.a•iel Icnr•1-• •...: r. f.nlCdr frlcWS move' iMI is "e :uneet ruma•x. BACKUP :`lITHHOLCINO m 'r 5up+ u4K c din eel wcauae h PI 'h c1, ?? it ttl t. r I ar^ .ajz t a ba k?9 4 tlvw arg a a Jf of tar r ep:. all 1,:y evt or ] _arms ar t-.e nta 1,a .,.a ue a r. f?. ''e] "1e thel l Fm :C Icnvur il.v r,?; IJ 6at:v:_p 'Nllhh4 .1.?R. 3XSMFT REC1piENTS I a^+ : +,.?]• rnt dart :h12? :I" j -.tarral iVFJal..... ti.1rV.1'a Pagwi:,:- ;I;;NA fURF' 1 ti Mfl unoel lawlllley sl PeNun :Le M1 UMI-16 Ct";1A l : (h .aaiw and 'ael I u1, s I1 C pera:n sc!uauy a V.G. nedrnt a m). l N, nL'm o, s,gnat4reae rapuiled for llydfa'.wl f=CV0!L" S:ONA J'RJS) ALLOVV'O' :: ',FS 1 '•- X SIGNATUREIS) - The unaersigned egroo to 11w teens state4 an ovay page of thin 10,11, dhd acknowledge receipt of a completed copy. The anderolgned further authorixn the finanaal Institutor ,a verify credit and wnployraenr history mdfor have a credit reporting agonaT plapas d aedlt report on the undersigned, as indi'AuuJs. The undatsignod 4149 aeenewledge the receipt of a espy and agm, to the verma of tH. follawing dlsclosuersl: Cacaait Acenum Fue os A, mlablllty ecv Elecvcrie Forma TleTSfer ? Truth In 3av 1,g; S S MCANDREW SCI: ?X ?.?/f''?GL'/f 1)f(.?i' f-J.%N' L ?}v^.. ANN N.CMTDREW L: Istaa-1: gut •'? GuARnTANS OF KFJL*::4 t'K: =REW, AMA LO. A e11-yj_o'•a 1,C 3. 05/02 /L aP7__ C J Y .•4 ti. __ DC e. bnge ' or: :.y Account Number: qa e 4J oS Name: Jamea J McAndrew and Ann McAndrew Guardian of Kelly M. McAndrew, A Minor Address: 3 L4-Duo=ida Ava Shenandoah, PA 17976 Please reconcile your account when you receive your statement and report any discrepancies to us immediately. Please contact your local office. THIS IS NOT A SAVINGS PASSBOOK REMEMBER TO RECORD ALL TRANSFERS DATE MEMO WITHDRAWAL DEPOSIT OR BALANCE INTEREST FORWARD q-ay-0y ',? ? qg a Minersville Safe Deposit Bank & Trust Company } cr- p r -1 C CD i C) O ra_ L'i lL r N ?-? •z F P4 3 0r roG N 1 -H ca 44 rO 4J ? oz ° H U i N m N ro 3 .u 41 - v .Y a as z C Z a YC, ) Wa ?o U z a ,r Ca H ? l H P; E) O W Z (d -1 E P; N 0 C) A c' v '_' r w W 4 z Z H N RC ? u O .o O , P 90 >N 4 0) G) N P Q Pj5H RC U x w am £h ... OU> N £>+ 0 o.> W 0 34 1 ° 1 1 a 14 m H U 2 W >1 ?:l W H 9.Az tr+ Aa KELLY M. McANDREW, a MINOR, by JAMES J. McANDREW and ANN McANDREW, HER PARENTS and GUARDIANS, Plaintiffs V. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. Law Offices of Michael A. O'Pake By )?t d y 0.1 ichael A. O'Pake, Esquire 409 West Market Street Pottsville, PA 17901 Phone: (570) 624-7070 Attorney I.D.: 53244 DATE: 9 Ja 3/o y Attorney for Plaintiffs Lu -i r o p c, ?) N YASMIN ERNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 99-5129 CIVIL, ROCCO T. ERNE, Defendant IN DIVORCE IN RE: APPEAL OF DEFENDANT ORDER AND NOW, this day of October, 2004, in accordance with Rule 1925 of the Rules of Appellate Procedure, the Defendant having filed a notice of appeal, the appellant is directed to file of record, within fourteen (14) days hereof, and serve upon the undersigned a concise statement of the matters complained of on the appeal. BY THE COURT, Kevin .Hess, J. -`arol J. Lindsay, Esquire V For the Plaintiff LeRoy Smigel, Esquire > ,,4nn Levin, Esquire Oa ?? For the Defendant , rlm C: -' V._ ?_ ; C'7 ;?' '?.'. W?- ? `= `?? LU .C. L.. J ? ? ? ?, .? 1 i[ W ?' I .. 'J il] r ? .I, 1. '- L--1.: S? p -' 1`? 1 ? (, N l: KELLY M. McANDREW, a minor, by JAMES J. McANDREW and and ANN MCANDREW, her parents and guardians, Plaintiffs V. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants 1. $2,000.00 to egal services rendered. f ?/ G 2. $201.94 to M' its. 3. The $3,798.0r ( lr ? restricted federally insured / J ' 4. McAndrew with the notation tl 9e without order of this Court Counsel shal t to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of September, 2004, based upon the representations being made to the Court that his clients are in agreement with the settlement amount, and that it is in the best interests of the child, and there being no residual injuries, it is hereby ordered and directed that the settlement in the amount of $6,000.00 is approved. Petitioner Plaintiffs are authorized to sign a full and final release on behalf of the minor upon payment of said $6 nnn nn Said $6,000.00 shall be distributed as follows: J the Court within 10 days after receipt of the settlement proceeds. KELLY M. McANDREW, a minor, by JAMES J. McANDREW and and ANN McANDREW, her parents and guardians, Plaintiffs V. LEONARD M. ZAZETSKI and LINDA JOY ARMSTRONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4483 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of September, 2004, based upon the representations being made to the Court that his clients are in agreement with the settlement amount, and that it is in the best interests of the child, and there being no residual injuries, it is hereby ordered and directed that the settlement in the amount of $6,000.00 is approved. Petitioner Plaintiffs are authorized to sign a full and final release on behalf of the minor upon payment of said $6,000.00. Said $6,000.00 shall be distributed as follows: 1. $2,000.00 to Michael O'Pake, Esquire, for legal services rendered. 2. $201.94 to Michael O' Pake, Esquire, for costs. 3. The $3,798.06 balance will be placed in a restricted federally insured account in the name of Kelly M. McAndrew with the notation that no withdrawals shall be made without order of this Court prior to June 2, 2005. Counsel shall provide proof of said account to the Court within 10 days after receipt of the settlement proceeds. .,4ichael A. O'Pake, Esquire Garfield Square 409 West Market Street Pottsville, PA 17901 For the Plaintiffs ,.AMfferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17093-0109 For the Defendant srs 41 09 D`I-U? 2 4 SEP -l Pi 0: 23 G.; ;:.: , ` M r