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HomeMy WebLinkAbout99-05367 :.c v J C t "1. e 1 SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant To: Personnel Department GS Electric 1700 Ritter Highway Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION • LAW NO. 05367-1999 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on I- I4 ' I C/ have been produced. DATE: l l- I d' I` I 203718A MEA\MMM } ? :i'. - _ L.7 _i: _)?l ?1. ,1 ('1 ??n • _1 j .: i ?., , ll J `. (l J? l? ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MITCHELL Vs. NEIDIGH NO. 995367 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things 13ursuant to Rule 4009.22 DANIEL K DEARDORFF, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena (s) with a copy of the subpoena (s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to , the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/15/99 DANIEL K DEARDORFF, ESQUIRE TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT ` INQUIRIES SHOULD DR ADDRHSSHD TOs MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET ell \\yl PHILADELPHIA PA 19135 (215) 335-4907 'r By: Jacqueline Humper File #: M2583'70 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT' MITCHELL ' Vs. NEIDIGH I No. 995367 TO: MICHAEL KOSIK, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I .. DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) dayd from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 11/22/99 DANIEL K DEARDORFF, ESQUIRE TEN EAST HIGH STREET CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD HE ADDRESSED TO: Enc(s): Copy of subpoena(s) Counsel return card File #: M258370 i MEDICAL LEGAL REPRODUCTIONS, INC. . 4940 DISSTON STREET PHILADELPHIA, PA 19135 s. (215) 335-4907 By: Jacqueline Numper - OOMMDNWE ALTH OF PE WEYLVANIA OOUNPY OF CLIG RLW MITCHELL Vs. 995367 File No. NEIDIGH NA TO PRODUCE DOOKNTS rV" o1 r9QTRY PURSUANT TO RU- TO: DR JOHN RYCHAK, 2800 GREEN,S,T, HARRISBURG PA 17110 (Name of Person or Entity) ---- Within twenty (20) days after service of this subpoena, you are ordered by the court tc Produce the following dottments or thin s: SEE AT?TACHED DDEi:;ia at MEDICAL LEGAL REPRODUCTIONS, IM'dc"949 DISSTON ST. , PHILA. , PA --" You may deliver or mail legible copies of the docurient'si 'or Produce things requesters t. this subpoena, together wits the certificate of compliance, to the Party making thi request at the address listed above;' You have the right to seek in advance the remnabl, cost of Preparing the Copies or Producing, the things- sought.. If you fail t'i produce the (20) "daps'' aft'ei•> its dOCunents or things required by this subpoena within twenty r?arPQJ;1,Rq you:tQ,COm PIY-with withCe; thei Party serving'' thli ssbpbeha may seek,a cosset crde. : .it. THIS WAPOENA WAS"ISMR)- AT THE REOIEST OF THE FOLLOWING PERSONS NAME: _ Q DAME ADbRESS: RFF, ES TEN EAST HIGH STREET TELEPHONE:_ nTaT rcTZ PA^?? 7!113. SLi04DIE pDERT 1D if ATTORNEY FOR:, 72TB 737573 M258370-01 Court Prothonotary/Clerk, Civil Division Deputy r : (Eff. 1/91) 1- ADDENDUM TO SUBPOENA MITCHELL Vs. NEIDIGH No. 995367 CUSTODIAN OF RECORDS FOR: DR JOHN RYCEM ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: SUSAN M MITCHELL ADDRESS: 236 "E" ST CARLISLE PA DATE OF BIRTH: 11/06/42 SSAN: 290383779 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M258370-01 COM•DNAMTH OF PEtd6^LLVANIA axwy OF CUMBERLAND MITCHELL Vs. 995367 File No, NEIDIGH ANA TO PRODUCE ^^^ uTS OR i}II NfiC FOR DISOOV RY PURSUANT TO R4A.E 4009 22 DR MARGRETTA AMEIGH, 564 OLD..YORK RD, E,')'TER T0: $, PA 17319 Person or Within twenty (20) days after service of this subpoena, You are ordered by the court t produce the following documents or things: SEE ATTA at MEDICAL LEGAL REPRODUCTIONS, lq%ddAW DISSTON ST., PHILA., PA You may deliver or mail 'legible 'copies of the docunents,er -'Oduce things requested this subpoena, together with the certificate of request at the address listed above. You have the right to seek inoadvance "he reenonabl cost of Preparing the copies or producing the things sought.,. If you fail to oduce the docmmts or things required by this subpoena within twent (20) 'days after;' its service, the party serving 'thiti. s om"13-Ing,.you•.to cm, l,y with it. a` y seek a eburt bide THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NNE: DANIEL K bBAADaRFF, ESQ ADDRESS: TEN EAST HIGH STREET TEIEPKWE:r roxraxF PA 703 SHPREPE COURT' 10 it ATTORNEY FOR: ?a7 32Y2• ' : + `DEFENDANT M258370-02 DATES ;. ,. l9 X99 f :•.. ..a * the Court BY THE COURT - 1 ^ProtFwrw_terY/ 1 , Civil Division r / Deputy . .. (Eff,.1/97) IL:, ADDENDUM TO SUBPOENA MITCHELL Vs. No. 995367 NEIDIGH CUSTODIAN OF RECORDS FOR: DR MARGRETTA AMEIGH ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: SUSAN M MITCHELL ADDRESS: 236 HE" ST CARLISLE PA DATE OF BIRTH: 11/06/42 SSAN: 290383779 I CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M258370-02 C%t4X* FALTH OF PENNMVANIA OCUNPY OF CUMBERLAND MITCHELL Vs. 995367 NEIDIGH FilO No. MPPOENA TO PROC1LrY pOq cati OR TH l trcic FOR O_1 -TO PMSUANT TOcRULE 4g 9 GS ELECTRIC, 1700 RITNER HWY. BOX 400, CARLISLE PA 17013 TO: ATTN= PRRC(1TMPT. nVD (Name of Person or Entity) - ---- Within twenty (20) days after service of this subpoena, You are ordered by the court t, Produce the following doc manta or things: SEE ATTA L11L V1?1 at MEDICAL LEGAL REPRODUCTIONS, I2jfjddA"9 DISSTON ST., PHILA., PA - You may deliver ar this subpoena, marl legible copies of the•docimbnts or'Produce things requested t together wits the certificate of compliance, to the party making thi request at the address listed above: You have the right to seek in advance the rea.onabI c0`slt of Preparing the copies- or Producing. the things sought.- - (20)Ifilyou Siff to produce the documents or things required by this subpoena within talent aY it's seih+.fce, "the Ipa'rtj' serving 'thib s .id•in9t-YoCU,t -O"Wly.With it ?Pdena ?Y Seek 'a cwrt"b de THIS SUBPOENA WAS ISSUED AT -THE REQUEST OF THE FOLLOWING-PERSON: - AObRESS:-.. DANIDORFF, ESQ TEN EAST HIGH STREET TELFPH9NE:• - Sl1dREhE O?1llF2T 10 if I`.` ATTORNEY FOR, =.; DEFENDANT. ... BY THE OoURT:. M258370-03 CA1`E` u' .:.. . Prothonotary/C1 Civil Division -Sdal - 6f the ?t L Deputy rT?t.•r (Eff. 7/97) - ADDENDUM TO SUBPOENA MITCHELL Vs. No. 995367 NEIDIGH CUSTODIAN OF RECORDS FOR: GS ELECTRIC ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SUSAN M MITCHELL ADDRESS: 236 "E" ST CARLISLE PA DATE OF BIRTH: 11/06/42 SSAN: 290383779 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M258370-03 024 LTH OF PEHCSYLVANIA CDUMT OF CL)MBERIAND MITCHELL Vs. 995367 NEIDIGH File No, NA TO PRODI_?^F rvv. o _ FOR OISODVFRy?T? RULE 400g? T0: EXEL LOGISTICS, 260 SALEM_CHURCH RD, MECHANICSBURG PA 17055 11TTAT.. DFACMTTTCT. non, of Person or Within twenty (20) days after service of this subpoena, You are ordered by the court tc Produce the following docunenta or things: - SEE ATTA ' ; at MEDICAL LEGAL REPRODUCTIONS, I,fgddr*aj9 DISSTON ST., PHILA., - You may deliv this er or mail legible copies of'the subpoena together with the certificate of ccrrnts or Produce things requested h, request at the address listed above of arrpliance, to the Party making thi cost of Preparing the . You have the right to seek in advance the rea,onablt copies or Producing the things sought. . I ' f you fail to produce the (20) days lifter its service documents or things required by this subpoena within twenty +Pnl ling you to . the Party serving thi , subpoena {„ay seek' a ecurt` or>dei P1Y:with it., THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: DANIEL MYKRDCRFF, ESQ TEN EAST HIGH STREET TELEPHONE: .: 7013 SU0REPEI. COURT, ID ATTORNEY FOR:. _ DEFENDAMT By THE COURT: ?•..T • ' M258370-04 a?zll DATE-- /9,/99 Prothonotary 9 ,?leRk, Civil Division seat of the Court -O Deputy :'; r' (Eff. 7/97) ADDENDUM TO SUBPOENA MITCHELL r: f Vs. NEIDIGH No. 995367 CUSTODIAN OF RECORDS FOR: EXEL LOGISTICS ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SUSAN M MITCHELL ADDRESS: 236 "E" ST CARLISLE PA DATE OF BIRTH: 11/06/42 SSAN: 290383779 t v CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. f , County of: CUMBERLAND MLR File #: M258370-04 ti, COMl4181EALTH OP PMSYLVANIA COUNPY OF C[MBERL%M MITCHELL Vs. 995367 File No. NEIDIGH ANA TO POMM p=t%'i TS OR TH 1 NGS FOR W-%MRY &W NIT TO RULE 4009.22 TO: PROGRESSIVE INS CO, 401-E•L0UTHER ST STE 102,•, CARLISLE PA 17013 ' ' (Name of Pxson or Entity) - -- Within twenty (20) days after service of this subpoena, You are ordered by the court to produce the following dooments or things: SEE ATTA at -- MEDICAL LEGAL REPRODUCTIONS, I>grk4kir %J9 DISSTON ST., PHTLA., PA -- You may deliver or me i'1 legible copies of the docvrient's or produce things requested h) this subpoena, together with the certificate of caipliance, to the party making this request at the address listed above.' You have tFie'right to seek in advance the rea onable cost of preparing the copies or producing the thing§•.sought, If you Tfail tp produce the doaments or things required by this s (20) days` aftEi^% ijs it&'Vicel- the party serving thin s subpoena within twenty a'^>a) seek%"a b0urf'orde ccnp01:1:ing,Yoq:to;.cmpl.Y_with-•it. 1 11 THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:.. NAME: - D 'DEAR=F, ESQ A[)GRESS: _ TEN EAST HIGH STREET TELFPHONE*,i, '.CARLrer?t pA 1:70T3 SU10REhE Od(Vt 11) AITORNEY FORS.:,- , - .. ! J' p1 FENDANT BY THE 0011RT. 4.1 M258370-0S lbws /?-o?.?s? F Tb? /.9,199?_ Prothonotaryi k, Civil Division e Oourt _... 00, Deputy (Eff. 7/97) j ADDENDUM TO SUBPOENA MITCHELL Vs. NEIDIGH No. 995367 CUSTODIAN OF RECORDS FOR: PROGRESSIVE INS CO ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: SUSAN M MITCHELL ADDRESS: 236 "F:" ST CARLISLE PA DATE OF BIRTH: 11/06/42 SSAN: 290383779 YCLAIM #981463150 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M258370-05 , --, - ,_ „. SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05367-1999 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENAS PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Dated: 4/12/00 Michael . Kosik, Esquire Attorney for Plaintiff 145019/MMM 014N SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant e"?) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05367-1999 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DATED: 3/23/00 210531I\MWNI\IAI I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUSAN MITCHELL, Plaintiff : versus : No, 05367-1999 NORMAN R. NEIDIGH, Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Pa. Department of Transportation: Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: traffic control plan effective on 4/25/98 along State Route 641 in West Pennsboro Township, Cumberland County (a bridge reconstruction project) to Michael E. Kosik, Esquire Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110 . You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36514 Plaintiffs BY THE COURT: Date: 3/23/00 Seal of the Court Prothonotary/Clerk, Civil Division rye r..? CERTIFICATE OF SERVICE I, Michelle M. Milojevich, of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS upon defense counsel by United States mail, postage prepaid, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Ic elle M. ilojevich ?- Date: 3/23/00 21053LIN4EKMI\IM CERTIFICA,rE OF SERVICE 1, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that 1 am this day serving a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.21 upon all counsel of record, via postage pre-paid, first class United States mail, addressed as follows: Daniel K. Deardorff, Esquire Manson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 1111 A 1&14 'Ak1 li Michelle M. Miloj vich Dated: 4/12/00 145019/MMM :?, ?:. - :_ _ ., ?; SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant To: Records Custodian Pa. Department of Transportation Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 05367-1999 : JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 [, one h? certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on Match 2? U, have been produced. DATE: // 4T 6,K) s-r-R C-7 t. r-E F R 201408.1\MEK\MMM v> .. -_- r: i- ?= -. wr? cv , ,- U; ; C??=: µ ' Ci. . - ?- j fJ Lj ??': ?? }. ??q Uh+ ? 1% ?a '?? rC ? Jill f Z` Ur ?l u C? -) ? :_? 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) (check one) ( X ) Civil Action - Law ( ) Appeal from Arbitration SUSAN M. MITCHELL VS. NORMAN R. NEIDIGH VS. (Plaintiff) (Defendant) ( ) (other) The trial list will be called on 10/10/00 and Trials conmence on 10/30/00 Pretrials will be held on 10/18/00 (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, 99-5367 Civil Action-Law Indicate the attorney who will try case for the party who files this praecipe: Daniel K. Deardorff, Esquire, MARTSON DEARDORFF WILLIAMS s OTTO, Ten East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Michael E. Kosik, Esquire, 4503 North Front Street, Harrisburq, PA 17110 This case is ready for trial Date: 7/26/00 Signed: • Print Name: n? ;off v rb?a? ffy Esqllir? Attorney for: Defendant ?`' 1. Crewed 07127W 08 17 45 AM Naual 07/27;W O$ 174S AM CERTIFICATE OF SERVICE 1, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe for Listing Case for Trial was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 MARTSON DEARDORFF WILLIAMS & OTTO ey IU Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 26, 2000 Law O))ices O'BRIEN, BARIC & SCHERER 17 Nest South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Boric bfichael A. Scherer (717) 249-6873 Fax (717) 119-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw.com September 11, 2000 John Oszustowicz, Esquire 236 South Hanover Street Carlisle, Pennsylvania 17013 Robert P. Reed, Esquire 3461 Market Street Camp Hill, Pennsylvania 17011 Michael E. Kosik, Esquire Daniel K. Deardorff, Esquire Angino & Rovner, P.C. Martson, Deardorff, Williams & Ott o 4503 North Front Street 10 East High Street Harrisburg, Pennsylvania 17110 Carlisle, Pennsylvania 17013 RE: Susan M. Mitchell v. Norman R. Neidigh No. 99-5367 Civil Term Dear Ladies and Gentlemen: By Order of Court dated August 31, 2000 Judge Hoffer has appointment me Chairman of the above-captioned arbitration. Enclosed please find calendars for October, November and December. Please indicate on the calendar whether you would be available to sit for the arbitration in either the a.m. or p.m. of each day. Please fax the calendars to me at your convenience. Thank you for your cooperation. Very truly yours, O'BRIEN, BARIC & SCHERER MAS/jl Enc. cc: File m a s. d i r/a r b i t rat i o n lm itc h e l I.I t r Michael A. Scherer SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA- NO. 99-5367 CIVIL 1999 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire , counsel for the 0180%440defendant in the above action )(nxx*XzAz": K respectfully represents that: 1. The above-captioned actionX=xsariaaa3 is Aarzixat issue. 2. The claim of the plaintiff in the action is $25,000.00 The counterclaim of the defendant in the action is -0- The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Law firm of Angino & Rovner and Law firm of Martson Deardorff Williams & Otto WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. spectfy bmitted, vDa/n)iel K. Deardorff, ire ORDER OF COURT AND NOW, 19 ;20M in consideration of the foregoing petition, Esq., 04&,JSQi ?// 0 I Esq., and d'%tG ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Co P. J. f',1 J v 0 ?L fl V V SHERIFF'S RETURN - REGULAR CASE NO: 1999-05367 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITCHELL SUSAN M VS. NEIDIGH NORMAN R DAWN L. KELL Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon NEIDIGH NORMAN R the defendant, at 1415:00 HOURS, on the 8th day of September 1999 at 619 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JACKIE POPER, ADULT GIRLFRIEND OF DEFT. a true and attested copy of the COMPLAINT AND NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 -// Affidavit 3.00'%'?^`°? Surcharge 8.00 omas ine, eri 9%09%1999 ROVNER /) n by ?"rl ? . ?p Q A epu S eri Sworn and subscribed to before me this q day of 19.q A. D. n . U _ ? OD .(J1tsLr, ? rocno ar ? SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05367-1999 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENAS PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to service the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas is sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, are attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the subpoenas. Dated: 11/10/1999 to serve the i`111:11GC 1- C. KOs1K, t:squ.ire Attorney for Plaintiff 145019/M M4 V SUSAN M. MITCHELL, Plaintiff V. NORMAN R. NEIDIGH, Defendant A - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05367-1999 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve 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 subpoena. If no objection is made, the subpoena may be served. DATED: 10/21/99 ROVNER, P.C. Pc?ich e E. Kosik, Esq I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 201406.1\MMM\MM COMMONWEALTH OF PENNSYLVANIA COUNTY Of CUMBERLAND SUSAN M. MITHCELL Plaintiff V. NORMAN R. NEIDIGH, File No. 05367-1999 Defendant SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Personnel Dept_ GS R1Pr•trir 17nn Rimer Higiz,m3f, raa 14=18, pA }74)3-1 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Entire personnel file, all forms completed at the time of hire all Pnrollmant forma all enployee benefit handbooks, papers, etc., job description and performance evaluations, etc. at 4503 N. Front St.. H6o.._PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Michael E. Kosik, Esciuire Address: 4503 N. Front St. Harrisburg PA 17110 Telephone: (717) 238-6791 Supreme Court ID # 36513 Attorney For: Plaintiff BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court. Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I, Michelle M. Milojevich, of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS upon defense counsel by United States mail, postage prepaid, addressed as follows: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 1&" n Michelle M. Mil jevich Date: 10/21/99 201406.1%MtMt\N" CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.21 upon all counsel of record, via postage pre-paid, first class United States mail, addressed as follows: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Michell M. Milojevich Dated: 11/10/1999 145019/MMM n r C) ?, u MARTSoN DEARDORFF WILLIAM' & OTTO INIIMlIAN? IID?3U?0 ?N• AINII p • AIM.:NY TEN EAST HIGH STREET CARLISLE.. IIENNSVLVANIA 17013 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5367 CIVIL ACTION - LAW NORMAN R. NEIDIGH, Defendant JURY TRIAL DEMANDED PRAEC'IPE. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By ' Ij G. D:?-jd Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: September 24, 1999 I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 MARTSON DEARDORFF WILLIAMS & OTTO 16104 B*Trcia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 24, 1999 ro- w it C\j r ! O n ? U SUSAN M. MITCHELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. C?C - S NORMAN R. NEIDIGH, Defendant 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 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 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 Lawyer Referral Service Cumberland County Gow44&K*e IJQD' -k)(. C i Ct /ail Carlisle, PA 17013[ (717) 29fk- - SC'C -e)"',C - 61106' NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo a] partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6200 SUSAN M. MITCHELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. NORMAN R. NEIDIGH, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Susan M. Mitchell is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 158 W. South Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Norman R. Neidigh is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 619 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related to took place on or about April 25, 1998 on State Route 641, West Pennsboro Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Susan M. Mitchell was driving her 1991 Oldsmobile Cutlass Cruiser west on State Route 641 after which she was stopped at a temporary red light in a construction zone. 5. At that time and place, a bridge on State Route 641 was under construction, resulting in the eastbound lane being closed and alternate traffic patterns for traffic to use the westbound lane. 154097/LC2 6. At the time and place, there were numerous signs and barricades advising motorists of the construction and the temporary light. 7. At that time and place, Defendant Norman R. Neidigh was operating his 1995 Chevy Silverado westbound on State Route 641 travelling in the same direction of Plaintiff Susan M. Mitchell and in the same lane of travel, directly behind Plaintiff. 8. At that time and place, Defendant Norman R. Neidigh operated his vehicle at an unreasonable rate of speed and violently and without warning struck the rear of Plaintiff Susan M. Mitchell's vehicle, which had been stopped at the red light for at least several seconds. 9. The foregoing accident and all of the injuries and damages hercinditci sustained by Plaintiff Susan M. Mitchell are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Norman R. Neidigh operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiff Susan M. Mitchell's vehicle; (d) failure to travel at a safe speed; (e) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (t) failure to keep proper and adequate control over his vehicle; and 1) (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. Plaintiff Susan M. Mitchell sustained painful and severe injuries which include but are not limited a lumbar sprain, aggravation of her pre-existing degenerative arthritis in the low back, knee contusion, and cervical sprain/strain that has resulted in continuing pain and discomfort in her neck. 11. By reason of the aforesaid injuries Plaintiff Susan M. Mitchell was forced to incur liability for medical treatment, medications, hospitalizations, physical therapy and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Plaintiff Susan M. Mitchell continues to be plagued by persistent pain and limiations which have prevented her from doing her normal and usual household and work activities, and therefor avers that she has suffered a serious and permanent impairment of her bodily function and claims is made therefor. 13. Because of the nature of her injuries, Plaintiff Susan M. Mitchell has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Susan M. Mitchell has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 3 15. As a result of the aforesaid injuries, Plaintiff Susan M. Mitchell has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 16. As a result of the aforesaid accident and injuries, Plaintiff Susan M. Mitchell has sustained work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and claims is made therefore. WHEREFORE, Plaintiff Susan M. Mitchell demands judgment against Defendant Norman R. Neidigh in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 4 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiff VERIFICATION I, SUSAN M. MITCHELL, do hereby swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. WI ES SUSAN M. MI E L Dated: ,? _ f . 1 5 9 r( rY r ? ?? 1 i? v. (j v MARTSON DEARDORFF WILLIAMS N OTTO h-M_DW&O TEN EAST HR:11 STREET CARLISLE, PENNSYLVANIA 17013 SUSAN M. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NORMAN R. NEIDIGH, Defendant NO. 99-5367 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: SUSAN M. MITCHELL, Plaintiff, and her attorney, MICHAEL E. KOSIK, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-16. Denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. NEW MATTER 17. The averments of paragraphs 1 through 16 of this Answer are incorporated herein by reference. 18. The Plaintiff s claims are barred by the applicable Statute of Limitations. 19. The Plaintiffs recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 20. Plaintiff or her representatives chose the limited tort option by signing a valid selection form. 21. Plaintiffs injuries do not involve death, serious impairment of bodily function or permanent disfigurement. 22. Plaintiffs claims are bared or dismissed by her comparative negligence and/or assumption of the risk. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO BYC Daniel K. Deardorff, Esquir I.D. Number 17837 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: October 13, 1999 Attorneys for Defendant The foregoing Defendant's Answer with New Matter to Plaintiff's Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Norman R. Neidigh F.V'ILESDATAFILEWMA W0151-A NS I 1, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 MARTSON DEARDORFF WILLIAMS & OTTO By J e A. Decker High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 13, 1999 '?- C: ? - ty, ' i': ? 1: ??` ?._ 1 I.. I. L ? C. i.L ? L. ? '.. L ? r' ? V ? ??? IN TIME COURT O CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 05367-1999 NORMAN R. NEIDIGH, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 17. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as New Matter any material facts which are not merely denials of the averments of the preceding pleading. Defendant's incorporation of paragraphs 1-16 of his Answer is improper since his Answer was a general denial to the allegations. 18. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs claim is barred by the applicable statute of limitations. Plaintiffs cause of action arises out of a motor vehicle accident which occurred on April 25, 1998 as set forth in Plaintiffs Complaint. Plaintiff's cause of action was filed well before the two-year anniversary of the accident and served on the Defendant well within the two-year statutory period. 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs claim is barred or reduced by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 201226. NNUN 101.1 20. It is admitted that it appears that Susan Mitchell's declaration page shows she was covered by the limited tort option at the time of the accident. Susan Mitchell has not obtained a copy of the signed selection form confirming a valid selection, and therefore, proof of this issue is demanded. 21. Denied. This averment is a conclusory averment unsupported by any factual statements and therefore it is denied. It is admitted that Plaintiff Susan Mitchell has not suffered any injuries which have involved death. However, it is denied that her injuries do not involve a serious impairment of a bodily function or may not involve permanent disfigurement. To the contrary, it is averred that Susan Mitchell has been under restrictions by her treating physicians since the time of the accident and has been prevented from doing her usual activities and her occupation for extended periods of time since the accident. Plaintiff Susan Mitchell is currently under restrictions which prevent her from returning to work in the same position she had at the time of the accident. 22. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Susan Mitchell was negligent in any manner upon the cause of action stated in Plaintiff's Complaint. To the contrary, it is averred that Plaintiff Susan Mitchell was struck from the rear while stopped at a red traffic signal in a temporary construction zone and was not negligent in any manner resulting in the accident or injuries. By way of further response, it is specifically denied that the defense of assumption of the risk is in any way applicable to the cause of action stated in Plaintiffs Complaint. 201226.1\MEK\MMM 2 WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in favor of Plaintiff and against Defendant. & ROVNER, P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 10/29/1999 201226.1\MEK\MNIM VERIFICATION I, SUSAN MITCHELL, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. DATE JSUSANMIT HELL 200243.IU1EMNIMM CERTIFICATE OF SERVICE AND NOW, this 29" day of October, 1999 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANTS NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel K. Deardorff, Esquire Manson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Micilojeviclf''? - ? 201226.I\M9KWMM Y \I\ o G - C. F I._ U c, :J SUSAN M. MITCHELL, ) Plaintiff ) ) NORMAN R. NEIDIGH, Defendant OATH In The Court of Common Pleas of J Cumberland County, ?ennsvlvania lwf 10, 5367, CIVIL TERM i99:7 CIVIL ACTION-LAW tie do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutioe of this Common- wealth and that we will discharge the duties of our office with fidelity. -; r Michael A Sch Esq. "airman c :v t 06 -- IA '-w - John O9z cz, q., r ra or 2 Robert P. Reed, Esq. Arbitrator ii AWARD Wa, fhe (gidersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) V?c filjo1 ?n ?Wor of 'nit P/a;nhFt? ?? n.ti."^i' o? S, 792.78. Arbitrator, dissents applicable.) Date of Hearing: November 9, 2000 Mi Date of Award: ?/• 1.00 Jo Robert NOTICE OF ENTRY OF AWARD (Insert name if Now, the y7` day of `/74f/6m.41 , .; 22gL , at ?7W, f.11., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ o?90.OD P46thonotary By: v%/vrr , ` 44, ' Deputy P.o./3 F ZSR. 3q4-IW.5.caaaSl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5367 NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that SUSAN M. MITCHELL appeals from the award of the board of arbitrators entered in this case on November 9, 2000. A jury trial is demanded (Check box ifa jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrator as b r Michael E. Kosik, Esquire Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. ti ?U .` U .J C_ C: O O '!J r ' J a7:1 U O 4 -1` , Y_ ^J .1. 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 ones ( x ) for JURY trial at the next term of civil court. 1 ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) SUSAN M. MITCHELL, (Plaintiff) VS. NORMAN R. NEIDIGH, (check one) ( ) ASSUmpsit ( x) Trespass ( ) Trespass (Motor Vehicle) (other) 4 The trial list will be called on January 2, 2001 and IOetenaann vs. Trials commence on January 29, 2001 Pretrtals will be held on January 10, 2001 f6riefs are clue 5 days before oretnals.) (The oarty listing this case for trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Rule 214.1.) 0 No. 5367 Civil Action-Law 19--- Inmcate the attornev who will try case for the oarty who files this praectoe: _ Daniel K. Deardorff, Esquire, MARTSON, DEARDORFF, WILLIAMS & OTTO, Ten E. High Street, Carlisle, PA 17013 Inalcate trial counsel for other oar,ies it known: Michael E. Kosik, Esquire. ANGINO & ROVNER, P.( 4503 North Front Street, Harrisburg, PA 17110-1708 This case is reacv for r.iai. Slcnea: ?V- - - L =,int^lame: Daniel K. Deardorff, Esquire t r. ?° '"; . > •_r ?? '. J -? .') i? C. ?;?? (.J .:? ?'? l) PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: 4 (Check ones 1 x 1 for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) SUSAN M. MITCHELL, ( ) Assumpslt ( x ) Trespass r; ( ) Trespass (Motor Vehicle) (Plaintiff) vs. (omen The trial list will be called on February 13. 9n n1 NORMAN R. NEIDIGH, and Trials commence on March 1 X101 (Defendant) Pretnals will be neld on February 21, 2001 vs iBriefs are due 5 days before oretrlals.) I (The party listing this case lot trial shall provide forthwith a copy of the praectpe to all counsel. pursuant to local Rule 214.1.) No. 5367 Civil Action-Law 19 99.. Indicate the attorney wno will try case tar the party wno files this praectpe: - Daniel K. Deardorff, Esquire, MARTSON DEARDORFF WILLIE & ffm Ten East HLgh Street, Indicate trial counsel tor ctner oarnes it known: Michael E. Kosik, Esquire, ANGINO & ROVNER, P. 4503 North Front Street Harrisburg, PA 17110-1708 This case is ready ror mat. =•,nt Name: Daniel K_ Deardor I ? _ ?,.? . ' - ~I I l ? (7 L. L, ?C/ .. ? . .? -.. C' Susan M. Mitchell : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Norman R. Neidigh NO. 99-5367 CIVIL TERM AND NOW, February 14, 2001, counsel having failed to call the above case for trial, the case is stricken from the March 2001 trial term. Counsel is directed to relist the case when ready. By the Court, IQ41. * ? Georg E offer, P.J. Manson, Deardorff, Williams & Otto, Esquire For the Plaintiff Michael E. Kosik, Esquire For the Defendant Court Administrator ?oP ces ma,,_1,ed a--t6-ol bb . ;? _ ; ? :: __.