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HomeMy WebLinkAbout99-05603?.... ?. ,., - a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,_ PENNSYLVANIA SHERILYNNE SMITH-WHITE and CIVIL ACTION - LAW AJA DENBY Plaintiffs V. No. OF 1999 ' 3 rla r4 bajoc, PRAECIPE FOR WRIT OF SUMMONS DONNA RIZZILLI Lf%--1'100,3 l£c?n_n Defendants JURY TRIAL DEMANDED TO: Curt Long, Prothonotary Please issue a write of.Summons in the above action. Date: September /3 , 1999 Gregory R. Reed, Esquire Attorney for Plaintiffs 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. No. 23705 C xL vl -71 Li W u W W J ? 0 0 Commonwealth of Pennsylvania County of Cumberland Sherilynne Smith-White and Aja Demby V& Donna Rizzilli 3 Longstreet Drive Carlisle, PA 17013 Court of Common Pleas No- ------ ......... 19 In ______Ciyil Action - -Law ----------------------- To _ aAna-Rizzilli--------------------------- You are hereby notified that ___ S t _ynne S7nittrWhite and_Aja_Demby the Plaintiff has commenced an action in ---- Livil-Actian___I,aw against you which you arc required to defend or a default judgment may be entered against you. (SEAL) -/s/ Curtis_ R. Long --------- Prothonotary A- Date ---Seer- ------ - - 19_99_ v - ------ ?/ Deputy -- 1 ? 1 ? 1 i 1 w ? j 1 1 1 ,Cry.11 1 X1/1 1 4J I f!) W 1 1 ? 1 •1? ; W V7 ??1 ?1 ? ? v M 1 la 1 4.1 d? r1 U , •rl .-I i 1 1 U1 ,•G1 RC >1 ? ,Qp@ M 1 "'? ?C i Ci C E a V Ln ?1 1 C [-] N $4 W i OI G' O M o N ?` 1•n C bl f?17 j If'1 T OD 1 •.i q 5N C •.i r"?; Mn 7• r.l N 1?1 i ? f0 QCF. rMQ7 'IIU-M001 ? 1U71 i ?OOWp)1? N ? r ?M - SHERIFF'S RETURN - REGULAR CASE NO: 1999-05603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH-WHITE SHERILYNNE ET AL VS. RIZZILLI DONNA KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RIZZILLI DONNA the defendant, at 9:10 HOURS, on the 8th day of October 1999 at 3 LONGSTREET DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DONNA METZ (ADULT IN CHARGE) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 I/ 3.10 Q .00 8.00 R- oPf-i mss Kline, 5 i '29.iu10/1O/1999 REED by Sworn and subscribed to before me this 701t' day of aLL - 19 A.D. <J2 e r Jefferson J. Shipman, Esquire I.D. 051785 GOLDBERG, KRTZMAN i SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant SHERILYNNE SMITH-WHITE and IN THE COURT OF COMMON PLEAS OF AJA DEMBY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. N0. 99-5603 Civil Term DONNA RIZZILLI, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN 6 SHIPMAN, P.C. DATE : y' 81 /i°°° 42919.1 Je fErson J. Shipman(, Esquire At orney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant RTIFT AT • 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 yle'I"a Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN 6 SHIPMAN, P.C. J fferson J. Shipma•, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Rizzilli 42915.1 -,, t ,- ;•,? ? . - _ ,, ;. - : > . ,? ?• Jefferson J.Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant SHERILYNNE SMITH-WHITE and IN THE COURT OF COMMON PLEAS OF AJA DEMBY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. DONNA RIZZILLI, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 99-5603 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. 4Je Alt. Shipman, • squirt e~ DATE: April 17, 2000 Attorneys for Defendant RULE TO: Sherilynne Smith-White and Aja Demby C/o Gregory Reed, Esquire, their attorney A Rule is hereby issued upon Plaintiffs to file a Complaint within twenty (20) days of service hereof, or suffer judgment of non pros. DATE: alt /q C rt Long, Prothonotary ,?,? 42860.1 ?C) -? ?- ?- ; ;? ... ' __ .., ? , ;-? . ?:: _ ,? __ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA SHERILYNNE WHITE-SMITH and AJA DEMBY Plaintiffs V. . CIVIL ACTION - LAW No. 99-5603 DONNA RIZZILLI Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Defendant. 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. Court Administrator 4th F1., Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea ayisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y port cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars. usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SEVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 4th F1 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Date: Attorney for Plaintiffd 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHERILYNNE WHITE-SMITH and AJA DEMBY Plaintiffs V. DONNA RIZZILLI Defendant CIVIL ACTION - LAW No. 99-5603 JURY TRIAL DEMANDED COMPLAINT COME NOW, the Plaintiffs, SHERILYNNE SMITH-WHIITE and AJA DEMBY, by and through their attorney, Gregory R. Reed, Esquire, and for their causes of action allege: 1. Plaintiff, SHERILYNNE WHITE-SMITH, (hereinafter referred to as "Plaintiff White-Smith") is an adult individual, residing at R.D. 2 Box 420, New Bloomfield, Perry County, Pennsylvania 17068. 2. Plaintiff, AJA DEMBY, (hereinafter referred to as "Plaintiff Demby") is an adult individual, residing at R.D. 2 Box 420, New Bloomfield, Perry County, Pennsylvania 17068. 3. Defendant, DONNA RIZZILLI, (hereinafter referred to as "Defendant") is an adult individual, residing at 3 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. The facts and occurrences hereinafter related took place on or about October 4, 1997 in Silver Springs Township, Cumberland County, Pennsylvania. 5. At that time and place Plaintiff white-Smith was the operator of a 1987 Cutlass Sierra Oldsmobile on Route 114 and was stopped at a traffic light. 6. Plaintiff Demby was a front seat passenger in the 1987 Cutlass Sierra Oldsmobile. 7. At that time and place Defendant was the operator of a vehicle proceeding on Route 114 in the same direction and in the same lane of travel as Plaintiff White-Smith's vehicle. 8. At that time and place the vehicle operated by Defendant was caused or allowed to crash into a vehicle which then struck the vehicle driven by Plaintiff White-Smith. 9. The aforesaid collision and all the hereinafter mentioned injuries and damages sustained by Plaintiffs are the direct result of the negligence, carelessness and recklessness of Defendant as follows: (a) In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the highway; (b) In failing to keep proper and adequate control of her vehicle; (c) In driving her vehicle at an excessive speed under the conditions; (d) In driving her vehicle without proper control of its course and speed and without due regard for the rights, safety and position of other vehicles on the highway; (e) In striking a vehicle from behind; (f) In failing to stop for a traffic signal and/or vehicles stopped in her lane of travel; (g) In failing to exercise the degree of care required at and/or approaching an intersection; (h) In failing to stop for a traffic signal controlled by a traffic light; (i) In failing to maintain a proper lookout for traffic; (j) In failing to yield the right-of-way to the Plaintiff White-Smith's vehicle and other vehicles on the highway; (k) In failing to apply her brakes in time to avoid striking Plaintiff White-Smith's vehicle and/or another vehicle; and (1) In failing to take measures to avoid striking Plaintiff White-Smith's vehicle and/or another vehicle. 10. As a result of the aforesaid collision Plaintiff White-Smith was thrown and jostled about, thereby sustaining painful, permanent, severe and disabling injuries and serious impairment of function including, but not to limited to, the following: (a) Shoulder and elbow injury with sharp pain between the shoulder and elbow; (b) Neck injury; (c) Numbness in her hand; (d) Click in her shoulder; (e) Chest pain; (f) Left knee pain; and (g) Back injury. 11. As a result of the aforesaid collision Plaintiff Demby, who was then 3% months pregnant, was thrown and jostled about, thereby sustaining painful, permanent, severe and disabling injuries and serious impairment of function to her back, neck and shoulders. 12. Plaintiffs have been advised and therefore aver that the aforesaid injuries are permanent in nature, and claims are made therefore. 13. By reason of the aforesaid injuries sustained by Plaintiffs, they are forced to incur liability for medical treatment, medicine, physical therapy, and similar miscellaneous expenses in and about an effort to restore themselves to health; and because of the nature of said injuries they are advised, and therefore aver, that they will be forced to incur similar expenses in the future, and claims are made therefore. 14. As a result of said injuries Plaintiffs have undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in carrying out their daily activities, loss of life's pleasures and enjoyment and claims are made therefore. 15. As a result of the said injuries Plaintiffs have been, and in the future will be, subject to great humiliation and embarrassment, and claims are made therefore. 16. As a result of said injuries Plaintiffs have sustained a loss of earnings and claims are made therefore. 17. As a result of said injuries Plaintiffs have sustained a permanent impairment of earning power and earning capacity, and claims are made therefore. 18. The injuries sustained by Plaintiffs are such that they are permitted to file suit pursuant to 75 Pa. C.S.A. 51705 in that Plaintiffs sustained serious bodily injury. WHEREFORE, Plaintiffs, SHERILYNNE WHITE-SMITH and AJA DEMBY, demand judgment against the Defendant, DONNA RIZZILLI, in an amount in excess of the jurisdictional amount requiring compulsory arbitration in Cumberland County, Pennsylvania. '" /6 awv Date Gregor R. eed, Es ire Attorney for Plaintiffs 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. 23705 VERIFICATION I, Gregory R. Reed, hereby verify that the statements in the foregoing complaint are based upon information which has been furnished to me by Sherilynne White-Smith and Aja Demby and information which has been gathered by counsel in the preparation of this Complaint. I make this verification because the Plaintiffs are currently outside the jurisdiction of the court and the verification of neither of them can be obtained within the time allowed for the filing of this pleading. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. 4904 (relating to unsworn falsification to authorities). Date: -34WI4 CERTIFICATE OF SERVICE AND NOW, this 14ay of May, 2000, I, Gregory R. Reed, Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served by first class mail a copy of the attached Complaint to the following address: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 eg ry R. eed, Esqui e Attorney for Plaintiff 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. 23705 Y C- h. 1- l O Jefferson J.Shipman, Esquire I.D. M: 51785 GOLDBERG, KATZNAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717( 234-4161 Attorneys for Defendant SHERILYNNE SMITH-WHITE and IN THE COURT OF COMMON PLEAS OF AJA DEMBY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. N0. 99-5603 Civil Term DONNA RIZZILLI, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Sherilynne Smith-White and Aja Demby c/o Gregory Reed, Esquire, their attorney 2423 North Third Street Harrisburg, PA 17110 YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant re DATE: May 31, 2000 45160.1 Jefferson J.Shipman, Esquire I.D. A: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant SHERILYNNE SMITH-WHITE and IN THE COURT OF COMMON PLEAS OF AJA DEMBY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. NO. 99-5603 Civil Term DONNA RIZZILLI, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Donna Rizzilli, by and through her counsel, Goldberg, Katzman 6 Shipman, P.C., and files the following Answer and New Matter in response to Plaintiff's Complaint: 1. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 1 and the same are, therefore, denied. 2. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 2 and the same are, therefore, denied. 3. Admitted except as to the address. 4. Admitted upon information and belief. 5. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 5 and the same are, therefore, denied. 6. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 6 and the same are, therefore, denied. 7. Admitted upon information and belief. 8. Admitted in part, denied in part. It is admitted only that there was a very minor impact between the front of Plaintiff's vehicle and the rear of the middle vehicle, which, in turn, upon information and belief, very lightly contacted the rear of the Plaintiff's vehicle. 9. Denied. The averments contained in paragraph 9, subparagraphs (a) through (1) 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. 2 (a) It is specifically denied that Defendant failed to keep alert and maintain a proper look-out for the presence of other motor vehicles on the highway; (b) It is specifically denied that Defendant failed to keep proper and adequate control of her vehicle; (c) It is specifically denied that Defendant drove her vehicle at an excessive speed under the conditions; (d) It is specifically denied that Defendant drove her vehicle without proper control of its course and speed and without due regard for the rights, safety and position of other vehicles on the highway; (e) It is specifically denied that Defendant was negligent by allegedly striking a vehicle from behind; (f) It is specifically denied that Defendant failed to stop for a traffic signal and/or vehicle stopped in her lane of travel; (g) It is specifically denied that Defendant failed to exercise the degree of care required at and/or approaching an intersection; (h) It is specifically denied that Defendant failed to stop for a traffic signal controlled by a traffic light; (i) It is specifically denied that Defendant failed to maintain a proper look-out for traffic; 3 (j) It is specifically denied that the Defendant failed to yield the right-of-way to the Plaintiff, White- Smith's, vehicle and other vehicles on the highway; k. It is specifically denied that the Defendant failed to apply her brakes in time to avoid striking the Plaintiff White-Smith's vehicle and/or other vehicles; and 1. It is specifically denied that the answering Defendant failed to take measures to avoid striking the Plaintiff White-Smith's vehicle and/or another vehicle. 10. Denied. The averments contained in paragraph 10 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. By way of further response, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 10 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. By way of further response, it is specifically averred that the Plaintiff did not suffer any serious injury from this very minor accident. 11. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 11 4 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. By way of further response, it is specifically denied that the Plaintiff suffered any serious impairment of bodily function. 12. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are, therefore, denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are, therefore, denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and 5 the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are, therefore, denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 and the same are, therefore, denied and strict proof demanded at the time of trial. 18. Denied. The averments contained in Paragraph 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. By way of further response, it is specifically denied that the Plaintiff suffered any serious bodily injury as a result of this very minor accident. WHEREFORE, the Defendant, Donna Rizzilli, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. 6 NEW MATTER By way of further answer and response, the Defendant, Donna Rizzilli, interposes the following New Matter defenses: 19. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, gt sea. 20. That Plaintiffs' claims may be limited or barred by the "Limited Tort" Option, pursuant to 75 Pa. C.S.A. 91705, g= sea. 21. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 22. That the accident and any injuries sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 23. That if the Plaintiffs suffered any injuries as alleged in their Complaint, those injuries were caused in whole or part by the negligence of Plaintiffs and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, it sea., and by the Doctrine of Comparative Negligence. 7 29. That this action may be barred by the applicable Statute of Limitations. WHEREFORE, the Defendant, Donna Rizzilli, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, q32 RG, KATZMAN & SHIPMAN, P.C. erson J. Shipman, Esquire Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 45149.1 8 VERIFICATION I, Donna Rizzilli, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. 1 Donna Rizzilli DATE: 1'22 -00 92868.1) 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 May 31, 2000: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. ffen on J. Shipman,1 Esquire VD. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Rizzilli 42915.1 } c5•: N ?g O- ''- U nl L . Cc: I -Itu L U ? O V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE WHITE-SMITH and CIVIL ACTION - LAW AJA DEMBY Plaintiffs V. No. 99-5603 DONNA RIZZILLI Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER NOW COMES Plaintiffs, Sherilynne White-Smith and Aja Demby, by and through their attorney, Gregory R. Reed, Esquire, and reply to Defendant's New Matter as follows: 19. Defendant's allegation is a conclusion of law to which no responsive pleading is required. 20. Pursuant to Pennsylvania Rule of civil Procedure No. 1029(e) this allegation is denied generally. Nevertheless, Defendant's allegation is a conclusion of law to which no responsive pleading is required. 21. Pursuant to Pennsylvania Rule of civil Procedure No. 1029(e) this allegation is denied generally. Nevertheless, Defendant's allegation is a conclusion of law to which no responsive pleading is required. 22. Pursuant to Pennsylvania Rule of civil Procedure No. 1029(e) this allegation is denied generally. Nevertheless, Defendant's allegation is a conclusion of law to which no responsive pleading is required. 23. Pursuant to Pennsylvania Rule of civil Procedure No. 1029(e) this allegation is denied generally. Nevertheless, Defendant's allegation is a conclusion of law to which no responsive pleading is required. 24. (erroneously 29) Pursuant to Pennsylvania Rule of civil Procedure No. 1029(e) this allegation is denied generally. Nevertheless, Defendant's allegation is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiffs respectfully request the judgement be entered in their favor and against Defendant. Date: ory R. Reed, Esquire Attorney for Plaintiffs 2423 North Third Street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I.D. No. 23705 CERTIFICATE OF SERVICE AND NOW, this 4-"day of August, 2000, I, Gregory R. Reed, Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served by first class mail a copy of the attached Reply to New Matter to the following address: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 regory R. Reed, Esquire Attorney for Plaintiffs 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. 23705 } O lfi rT ,._. t Z T )y • i l ;,,:?, ,' 1 ?( i. 4 ? ?.? `., Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SI{IPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney I.D. 51785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE SMITH-WHITE and AJA DEMBY, Plaintiffs CIVIL ACTION - LAW V. DONNA RIZZILLI, Defendant A. Factual and Procedural Background No: 99-5603 TRIAL DEMANDED This case arises out of an incident which occurred on October 4, 1997, in Mechanicsburg, Pennsylvania. The Plaintiffs, Sherilynne Smith-White and Aja Demby allege that they were struck by a vehicle operated by the Defendant, Donna Rizzilli while they were stopped on Rte 114. On April 25, 2000, discovery byway of Interrogatories and Request for Production of Documents were served upon the Plaintiffs. Counsel for Defendant Donna Rizzilli has attempted to amicably resolve this discovery matter and has written to Plaintiffs' counsel on two occasions requesting the answers to discovery. To date, the discovery has Qone unanswered. B. Ouestion Presented WHETHER THIS HONORABLE COURT SHOULD ISSUE AN ORDER COMPELLING ANSWERS TO DISCOVERY OF DEFENDANT DONNA RIZZILLI? (Suggested answer in the affirmative.) C. Discussion Pennsylvania Rule of Civil Procedure 4019 provides as follows: Rule 4019(a)(1). The court may, on motion, make an appropriate order if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. (vii) A party, in response to a request for production or inspection made under Rule 4009 fails to respond; (viii) A party or person otherwise fails to make discovery or to obey an order of court respecting discovery. In the case at bar this the Defendant has submitted discovery in accordance with the Cumberland County Rules of Court and has attempted to amicably resolve this discovery matter to no avail. D. Conclusion For the foregoing reasons the Defendant Donna Rizzilli respectfully requests this Honorable Court to issue and Order compelling answers to the discovery of Defendant Donna Rizzilli. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. B. J fferson J. Shipman, Es uire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: e? I e, 120 CERTIFICATE OF SERVICE I hereby certify that on this 8th day of August, 2000, a true and correct copy of the foregoing Brief in Support of Defendant's Motion to Compel was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid to: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 GOLDBERG, I ATZMAN & SHIPMAN, P.C. Zi ? ? AA,4A?? /I 1_k j EF RSON J. SHIP N, ESQUIRE 49478.1 AUG 8 2000 Jefferson J. Shipman, Esquire GOLDBERG,1(AnMAN & SFIfPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney I.D. 51785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE SMITH-WHITE and AJA DEMBY, Plaintiffs V. DONNA RIZZILLI, Defendant A. Factual and Procedural Background CIVIL ACTION - LAW No: 99.5603 TRIAL This case arises out of an incident which occurred on October 4, 1997, in Mechanicsburg, Pennsylvania. The Plaintiffs, Sherilynne Smith-White and Aja Dcmby allege that they were struck by a vehicle operated by the Defendant, Donna Rizzilli while they were stopped on Rte 114. On April 25, 2000, discovery by way of Interrogatories and Request for Production of Documents were served upon the Plaintiffs. Counsel for Defendant Donna Rizzilli has attempted to amicably resolve this discovery matter and has written to Plaintiffs' counsel on two occasions requesting the answers to discovery. To date, the discovery has gone unanswered. B. Question Presented WHETHER THIS HONORABLE COURT SHOULD ISSUE AN ORDER COMPELLING ANSWERS TO DISCOVERY OF DEFENDANT DONNA RIZZILLI? (Suggested answer in the affirmative.) C. Discussion Pennsylvania Rule of Civil Procedure 4019 provides as follows: Rule 4019(a)(1). The court may, on motion, make an appropriate order if- (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. (vii) A party, in response to a request for production or inspection made under Rule 4009 fails to respond; (viii) A party or person otherwise fails to make discovery or to obey an order of court respecting discovery. In the case at bar this the Defendant has submitted discovery in accordance with the Cumberland County Rules of Court and has attempted to amicably resolve this discovery matter to no avail. D. Conclusion For the foregoing reasons the Defendant Donna Rizzilli respectfully requests this Honorable Court to issue and Order compelling answers to the discovery of Defendant Donna Rizzilli. Respectfully submitted, GOLDBERG, KATZMAN SLSHIPMAN, P.C. B . ' J fferson J. Shipman, Es uire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: gEi> I ? 120 I CERTIFICATE OF SERVICE I hereby certify that on this 8th day of August, 2000, a true and correct copy of the foregoing Brief in Support of Defendant's Motion to Compel was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid to: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. EF RSON J. SHIP ESQUIRE 49478.1 Jefferson J. Shipman, Esquire GOLDBERG. KATZMAN & SI IIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney I.D. 51785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE SMITH-WHITE and AJA DEMBY, Plaintiffs V. DONNA RIZZILLI, Defendant A. Factual and Procedural Background CIVIL ACTION - LAW No: 99-5603 TRIAL DEMANDED This case arises out of an incident which occurred on October 4, 1997, in Mechanicsburg, Pennsylvania. The Plaintiffs, Sherilynne Smith-White and Aja Demby allege that they were struck by a vehicle operated by the Defendant, Donna Rizzilli while they were stopped on Rte 114. On April 25, 2000, discovery by way of Interrogatories and Request for Production of Documents were served upon the Plaintiffs. Counsel for Defendant Donna Rizzilli has attempted to amicably resolve this discovery matter and has written to Plaintiffs' counsel on two occasions s Zook requesting the answers to discovery. To date, the discovery has gone unanswered. B. Ouestion Presented WHETHER THIS I-IONORABLE COURT SHOULD ISSUE AN ORDER COMPELLING ANSWERS TO DISCOVERY OF DEFENDANT DONNA RIZZILLI? (Suggested answer in the affirmative.) C. Discussion Pennsylvania Rule of Civil Procedure 4019 provides as follows: Rule 4019(a)(1). The court may, on motion, make an appropriate order if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. sss (vii) A party, in response to a request for production or inspection made under Rule 4009 fails to respond; (viii) A party or person otherwise fails to make discovery or to obey an order of court respecting discovery. In the case at bar this the Defendant has submitted discovery in accordance with the Cumberland County Rules of Court and has attempted to amicably resolve this discovery matter to no avail. D. Conclusion For the foregoing reasons the Defendant Donna Rizzilli respectfully requests this Honorable Court to issue and Order compelling answers to the discovery of Defendant Donna Rizzilli. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. B J fferson J. Shipman, Es uire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161 I (2?0 DATE: C--- 01 CERTIFICATE OF SERVICE I hereby certify that on this 8th day of August, 2000, a true and correct copy of the foregoing Brief in Support of Defendant's Motion to Compel was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid to: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. Zj?w4A?? njul EF RSON J. SHIP N, ESQUIRE 49478.1 Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN &S111PMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney I.D. 51785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE SMITH-WHITE and AJA DEMBY, CIVIL ACTION - LAW Plaintiffs V. No: 99-5603 DONNA RIZZILLI, Defendant ' ,','.0l?74x0?I==== A. Factual and Procedural Background TRIAL DEMANDED AUG 920 01 This case arises out of an incident which occurred on October 4, 1997, in Mechanicsburg, Pennsylvania. The Plaintiffs, Sherilynne Smith-White and Ala Demby allege that they were struck by a vehicle operated by the Defendant, Donna Rizzilli while they were stopped on Rte 114. On April 25, 2000, discovery byway of Interrogatories and Request for Production of Documents were served upon the Plaintiffs. Counsel for Defendant Donna Rizzilli has attempted to amicably resolve this discovery matter and has written to Plaintiffs' counsel on two occasions requesting the answers to discovery. To date, the discovery has gone unanswered. B. Question Presented WHETHER THIS HONORABLE COURT SHOULD ISSUE AN ORDER COMPELLING ANSWERS TO DISCOVERY OF DEFENDANT DONNA RIZZILLI7 (Suggested answer in the affirmative.) C. Discussion Pennsylvania Rule of Civil Procedure 4019 provides as follows: Rule 4019(a)(1). The court may, on motion, make an appropriate order if. (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. (vii) A party, in response to a request for production or inspection made under Rule 4009 fails to respond; (viii) A party or person otherwise fails to make discovery or to obey an order of court respecting discovery. In the case at bar this the Defendant has submitted discovery in accordance with the Cumberland County Rules of Court and has attempted to amicably resolve this discovery matter to no avail. D. Conclusion For the foregoing reasons the Defendant Donna Rizzilli respectfully requests this Honorable Court to issue and Order compelling answers to the discovery of Defendant Donna Rizzilli. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. B qj fferson J. Shipman, Es uire 320 Market Street t P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: c? I to CERTIFICATE OF SERVICE I hereby certify that on this 8th day of August, 2000, a true and correct copy of the foregoing Brief in Support of Defendant's Motion to Compel was served upon the following by depositing same into the United States Mail, first-class mail, postage prepaid to: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. EF RSON J. SHIP ESQUIRE 49478.1 r SHERILYNNE WHITE- : IN THE COURT OF COMMON PLEAS OF SMITH and AJA DEMBY,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW DONNA RIZZILLI, Defendant NO. 99-5603 CIVIL TERM AND NOW, this 30a' day of August, 2000, upon consideration of Defendant's Motion to Compel, and of Plaintiffs' Answer to Rule Issued Pursuant to Motion To Compel, it is ordered and directed as follows: I. The portion of Defendant's motion relating to Plaintiff Sherilynn White-Smith is deemed moot, inasmuch as Plaintiff has now served discovery responses. 2. Plaintiff Aja Demby is directed to respond, without objection, to Defendant's interrogatories and request for production of documents within 30 days of the date of this order. BY THE COURT, JF esley 0 er r., Gregory R. Reed, Esq. 2423 North Third Street) Harrisburg, PA 17110 Attorney for Plaintiffs 9_? Lb Rug le Jefferson J. Shipman, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant :rc Pro Mono6rl/ ?( „?, ? 1, ;2ooo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE WHITE-SMITH and CIVIL ACTION - LAW AJA DEMBY Plaintiffs V. DONNA RIZZILLI Defendant No. 99-5603 JURY TRIAL DEMANDED ANSWER TO RULE ISSUED PURSUANT TO MOTION TO COMPEL NOW COMES Plaintiffs, Sherilynne White-Smith and Aja Demby, by and through their attorney, Gregory R. Reed, Esquire, and answers the Rule issued on August 15, 2000 as follows: 1. Admitted. 2. Admitted. 3. Denied. On August 8, 2000 counsel for Plaintiffs mailed to Defendant's counsel Answers to Interrogatories and Responses to Requests for Production of Documents on behalf of Plaintiff Sherilynne White-Smith. These discovery responses were mailed the same day defense counsel mailed the Motion to Compel. As such, Sherilynne White-Smith's discovery responses were not served in response to or with knowledge of the Motion to Compel. Unfortunately, Plaintiffs' counsel has not been unable to contact Aja Demby even at the time of the filing of this Answer. Plaintiffs' counsel respectfully requests this Honorable Court to allow to allow him another thirty (30) days to contact Aja Demby or otherwise obtain her cooperation. If Plaintiffs' counsel is unable to do so, he will petition the court to withdraw as counsel. 4. Admitted. Plaintiff's answer to paragraph 3 is incorporated herein by reference as though fully set forth herein. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's motion to Compel or, in the alternative, grant Plaintiffs' counsel an additional thirty (30) days to obtain the cooperation of Aja Demby. Date: G gory R. , Esquire Attorney for Plaintiffs 2423 North Third Street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I.D. No. 23705 CERTIFICATE OF SERVICE AND NOW, this d?4ay of August, 2000, I, Gregory R. Reed, Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served by first class mail a copy of the attached Answer to Rule Issued Pursuant to Motion to Compel to the following address: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Gregory R. Reed, Esqui e Attorney for Plaintiffs 2423 North Third Street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. 23705 C\j c? 1.' C. K 11J `/](L (:, C) Cj 1 r ? I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHERILYNNE WHITE-SMITH, ET AL. _VS_ DONNA RI22ILLI COURT OF COMMON PLEAS TERM, CASE NO: 99-5603 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date an which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/27/2000 c J ERSON SHIP ESQUIRE Attorney for DEFENDANT DE11-209472 3 7 9 9 2- L 0 1 COMMONWEALTH O Er P E N N S YL VAN 2 A COUNTY O Er CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM, -VS_ CASE NO: 99-5603 DONNA RIZZILLI DUNCANNON FAMILY HEALTH CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL EARKUFF, LENNINGTON R HILBOLT ORTHO. SURGEONS OF CENTRAL PA. PENN REHABILITATION ASSOC A MEDICAL RECORDS & XRAYS MEDICAL X-RAY ONLY MEDICAL RECORDS 6 XRAYS MEDICAL RECORDS 6 XRAYS MEDICAL RECORDS E XRAYS TO: GREGORY R. REED, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09107/2000 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-931 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-131734 3 7 9 9 7-- C O 1 COMMONIALTH OF PENNSYLVANIA COU\-T Y OFCUNIBERLAND SHERILYNNE WHITE-SMITH, ET AL File No. 99-5603 VS DONNA RIZZILLI SUBPOQ?A TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DUNCANNON FAMILY HEALTH CENTER (Name of Peron or Entity) Within twenty (20) days after service of this subpoena, ynu are ordered by the court to produce the following documents or things: SEE AjjArlwn at MCS GROUP INC., 1601 MARKET ST., 0800, PHILA., PA 1 (Address) You may deliver or mail legible copies of the doc=ents or produce things requested by this subpoena, together with the certificate of compliance, to the par?• Taking this request at the address listed above. lou have the right to seek in advance, the reasonable cost of prepazing the copies or producing the things sought. If you fail to produce the documents or things reached 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 =E REQUEST OF THE FOLLOIVING PERSON: NAME: JEFFERSON J, SHIPMAN ADDRESS: 320 MARKET ST. , PO BOX 1268 .-HARRTSRUR( PA 171pR TELEPHONE: (215) 246-0900 SUPREME COURT ID r: ATTORNEY FOR: THE DEFENDENT [? BY THE COURT DAT ?l/)_(?/,9/IX E . Y j /99 Pm1hono a?/Cle k vil Di ision? L:C?a?? ' ? i o ?T.II epuN ?. Seal of the Court (c-ff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUNCANNON FAMILY HEALTH CIR. 510 NEW BLOOMFIELD RD. DUNCANNON, PA 17020 RE: 37992 SHERILYNNE WHITE-SMITH ANY AND ALL RECORDS INCLUDING RECORDS FROM HER INITIAL OFFICE VISIT TO THE PRESENT, ALL X-RAY REPORTS, MRI REPORTS, PHYSICAL THERAPY RECORDS/REPORTS, DOCTOR'S REPORTS/RECORDS, AND HOSPITAL RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : SHERILYNNE WHITE-SMITH R.D. 2, NEW BLOOMFIELD, PA 17068 Social Security #: 120-38-3944 Date of Birth: 11-16-1951 SU10-266352 3 7 9 9 2- 1- 0 3- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM, -VS- CASE NO: 99-5603 DONNA RIZZILLI As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09127/2000 JEFFERSON_ J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DE11-209473 3 7 9 9 2- 1,0 2 COMMONWEALTH OF' P E NN S WT- VAN TA, COUNTY O EP CLIMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM, -VS- CASE NO: 99-5603 DONNA RIZZILLI DUNCANNON FAMILY HEALTH CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL RARXUFF, LENNINGTON 6 HILBOLT ORTHO. SURGEONS OF CENTRAL PA. PENN REHABILITATION ASSOC MEDICAL RECORDS 6 BRAYS MEDICAL X-RAY ONLY MEDICAL RECORDS 6 BRAYS MEDICAL RECORDS E XRAYS MEDICAL RECORDS 6 XRAYS TO: GREGORY R. REED, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/07/2000 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-931 Any questions regarding this matter, contact JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-131734 3 7 9 9 2- C O 1 COMMON"TALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS DONNA RIZZILLI File No. 99-5603 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.23 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Peron or Fstin•) 1%7jthin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or -ngs: 47 ATTArurn at rn?a unvur inc. , soul MAKKHT ST. , 9800, PHILA. , PA 19103' tAddress) 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. Lr you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party swing 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 JEFFERSON J, SHIPMAN ADDRESS: 320 MARKET ST., PO BOX 1268 yAVRTSA111? , p. t]1 nR TELEPHONE (215) 246-0900 SUPREME COURT ID ATTORNEY FOR. THE DEPENDENT DATE Ro(cM?r ?Oa?Liy BY,T/Hf, c0L1,R•I': n ?' /' Go ?/ Orp Prothonotary/4 Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 37992 SHERILYNNE WHITE-SMITH ANY AND ALL RECORDS INCLUDING RECORDS FROM HER INITIAL VISIT TO THE PRESENT, PHYSICAL THERAPY RECORDS/REPORTS, DOCTOR'S REPORTS/RECORDS, AND HOSPITAL RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : SHERILYNNE WHITE-SMITH R.D. 2, NEW BLOOMFIELD, PA 17068 Social Security #: 120-38-3944 Date of Birth: 11-16-1951 SU10-266354 37992-L 02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHERILYNNE WHITE-SMITH, ET AL. _VS_ DONNA RIZZILLI COURT OF COMMON PLEAS TERM, CASE NO: 99-5603 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/27/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-209474 37992_-L 03 COMMONWEALTH OF P E NN S YLVAN 2A COUNT W OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM, -VS- CASE NO: 99-5603 DONNA RI22ILLI OF INTENT TO SERVE A DUNGANNON FAMILY HEALTH CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL RARKUFP, LENNINGTON 6 HILBOLT ORTHO. SURGEONS OF CENTRAL PA. PENN REHABILITATION ASSOC MEDICAL RECORDS 5 XRAYS MEDICAL X-RAY ONLY MEDICAL RECORDS E XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS 6 XRAYS TO: GREGORY R. REED, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 09/0712000 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-931 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-131734 3 7 9 9 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS File No. 99-5603 DONNA RIZZILLI SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: unT.v SPTRTT unePTTAT (.Name of Person Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ CCC ATTArUOT at MCS GROUP INC., 1601 MARKET ST., 1!800, PHILA., PA (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 requez 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 1y this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comnI .with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J, SHIPMAN ADDRESS: 320 MARKET ST., PO BOX 1268 ueRRTCnttRr Pe 171nR TELEPHONE (215) 246-0900 SUPREME COURT ID k: ATTORNEY FOR. THE DEFENDENT BY 71H/ COURT y/? DATE ?(11f /ftl 0{til/ ?Z t T Pm1hon ary/C7erX0vil DivLsion T Deputy fir/ Seal of the Court 7 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 37992 SHERILYNNE WHITE-SMITH ANY AND ALL X-RAY REPORTS, AND MRI REPORTS. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject : SHERILYNNE WHITE-SMITH R.D. 2, NEW BLOOMFIELD, PA 17068 Social Security N: 120-38-3944 Date of Birth: 11-16-1951 SU10-266356 37992-1,03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM, -VS CASE NO: 99-5603 DONNA RIZZILLI As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/27/2000 _JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT DE11-209475 37992-1,04 COMMONWEALTH OF P E N N S YLVAN IA COUNTY OF CLTMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM, -VS CASE NO: 99-5603 DONNA RIZZILLI DUNCANNON FAMILY HEALTH CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KARKUFF, LENNINGTON 6 HILHOLT ORTHO. SURGEONS OF CENTRAL PA. PENN REHABILITATION ASSOC MEDICAL RECORDS 6 )[RAYS MEDICAL X-RAY ONLY MEDICAL RECORDS E XRAYS MEDICAL RECORDS 6 XRAYS MEDICAL RECORDS & XRAYS TO: GREGORY R. REED, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/07/2000 HCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-931 Any questions regarding this matter, contact _JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DEOZ-131734 B 7 9 9 2 - C O 3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS File No. 99-5603 DONNA RIZZILLI SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: KARKUFF,LENNINGTON & HILBOT PHYSICAL THERAPY,INC., & PHYSIO (.':ame of Peron or =nrv) 1=l1TPRYAMC Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o.- things: at MCS GROUP INC., 1601 MARKET ST., II800, PHILA., PA (Address) You t,ay deliver or cai1 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 par..y serving :his subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME- JEFFERSON J, SHIPMAN ADDRESS: 320 MARKET ST. PO BOX 1268 HARR_ RTeRlTRG- RA 171nn TELEPHONE (215) 246-0900 SUPREME COURT ID k: ATTORNEY FOR: _ THE DEFENDENT BYT COURT: DATE PM S ( j Pmlhonot ary/Glen Civil Division AA. Depury Seal of tfie Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KARKUFF, LENNINGTON & HILBOUI' PHYSICAL THERAPY, INC. 130 SHORTCUT ROAD NEWPORT, PA 17074 RE: 37992 SHERILYNNE WHITE-SMITH ANY AND ALL RECORDS FROM HER INITIAL VISIT TO THE PRESENT, INCLUDING ALL X-RAY REPORTS, MRI REPORTS, PHY. THEIR. RECORDS/REPORTS, DOCTOR'S REPORTS/RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : SHERILYNNE WHITE-SMITH R.D. 2, NEW BLOOMFIELD, PA 17068 Social Security N: 12038-3944 Date of Birth: 11.16-1951 SU10-266358 37992_-L 04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHERILYNNE WHITE-SMITH, ET AL. -VS- DONNA RIZZILLI COURT OF COMMON PLEAS TERM, CASE NO: 99-5603 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/2712000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-209476 37992-L05 COMMONWEALTH OP P E N N S YL VAN =A COUNTY O EP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL. TERM -VS- CASE NO: 99-5603 DONNA RIZZILLI DUNGANNON FAMILY HEALTH CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KARKUFF, LENNINGTON & HILBOLT ORTHO. SURGEONS OF CENTRAL PA. PENN REHABILITATION ASSOC MEDICAL RECORDS 6 )MAYS MEDICAL X-RAY ONLY MEDICAL RECORDS S XRAYS MEDICAL RECORDS E XRAYS MEDICAL RECORDS 6 XRAYS TO: GREGORY R. REED, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 09/0712000 HCS on behalf of CC: JEFFERSON J. SHIPMAN. ESQUIRE _ 22740-931 JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-131734 3799 2 - C O 3. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS File No. 99-5603 DONNA RIZZILLI SUBPOENA TO PRODUCE DOCUINIE\TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC SURGEONS OF CENTRAL PENNSYLVANIA, LTD. (,Name of Person or rnrin) N•ithin tw•ccv (20) days after service of this subpoena, you are ordered by the courtto produce the following documents or :hings: rACt;pn at MCS GROUP INC., 1601 MARKET ST., #800, PHILA., PA 1 (Aaarcas) You may deicer or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate o: compliance, to the parry making this request at the address listed above. You have the right to seek in advance, dhe reasonable cost of preparing the copies or producing the things sought. Lr you fail m produce the documents or things required by this subpoena, whin twenty p) days after its service, the party serving this subpoena may seek a court order compelling you to comply with il- THIS SnPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JEFFERSON J, SHIPMAN ADDRESS: 320 MARKET ST. , PO BOX 1268 RARRTCRIIRC Pa 171OR TELEPHONE (215) 246-0900 SUPREME COURT ID #: _ ATTORNEY FOR. THE DEFENDENT 1Y 1?1177 DATE SJCM)Xf ?5 k& aPnthonota.??? Civic ivision ?-/? Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO. SURGEONS OF CENTRAL PA. 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 37992 SHERILYNNE WHITE-SMITH ANY AND ALL REOCRDS FROM HER INITIAL VISIT TO THE PRESENT INCLUDING X-RAY REPORTS, MRI REPORTS, DOCTOR'S RECORDS/REPORTS, Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : SHERILYNNE WHITE-SMITH R.D. 2, NEW BLOOMFIELD, PA 17068 Social Security #: 120-38-3944 Date of Birth: 11-16.1951 S[RO-266360 37992-L.05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHERILYNNE WHITE-SMITH, ET AL. -VS- COURT OF COMMON PLEAS TERM, CASE NO: 99-5603 DONNA RIZZILLI As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0912712000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-209477 3 7 9 9 2- 1,0 6 COMMONWEALTH or P E NN S WTLVAN 2A COUNTY O F CUMBERLAND IN THE MATTER OF: SHERILYNNE WHITE-SMITH, ET AL. _VS_ DONNA RIZZILLI DUNGANNON FAMILY HEALTH CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL EARRDFF, LENNINGTON 6 HILBOLT ORTHO. SURGEONS OF CENTRAL PA. PENN REHABILITATION ASSOC MEDICAL RECORDS 6 BRAYS MEDICAL X-RAY ONLY MEDICAL RECORDS 6 XRAYS MEDICAL RECORDS & BRAYS MEDICAL RECORDS 6 XRAYS COURT OF COMMON PLEAS TERM, CASE NO: 99-5603 TO: GREGORY R. REED, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/07/2000 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-931 Any questions regarding this matter, contact JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-131734 379 9 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS File No. 99-5603 DONNA RIZZILLI SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENN REHABILITATION ASSOC.. P.C. (-Name of Person or Entity) Within rventy (20) days after service of t41s sot things: by the coon to produce the following documents or at MCS GROUP INC., 1601 MARKE ., , ., (Addrns) 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 malting 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. It 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 JEFFERSON J, SHIPMAN ADDRESS: 320 MARKET ST., PO BOX 1268 HARRISBURG. PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID t: THE DEPENDENT ATTORNEY FOR. BCOURT:/ DATE ??MIXf o?Q? `fcr 9n9 P Prnth/o?notary/C1 Division CA / Depury Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN REHABILITATION ASSOC 2601 NORTH THIRD STREET HARRISBURG, PA 17110 RE: 37992 SHERILYNNE WHITE-SMITH ANY AND ALL RECORDS FROM HER INITIAL VISIT TO THE PRESENT, INCLUDING X-RAY REPORTS, MRI REPORTS, DOCTOR'S RECORDS/REPORTS, PHYSICAL THERAPY RECORDS/REPORTS, Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : SHERILYNNE WHITE-SMITH R.D. 2, NEW BLOOMFIELD, PA 17068 Social Security Jf: 120-38-3944 Date of Birth: 11-16-1951 SU10-266362 3 7 9 92--T,06 y i Q) •_ J _.r U SHERILYNNE SMITH-WHITE, : IN THE COURT OF COMMON PLEAS OF and AJA DEMBY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DONNA RIZZILLI, Defendant CIVIL ACTION - LAW NO. 99-5603 CIVIL TERM AND NOW, this 15' day of August, 2000, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Gregory Reed, Esq. 2423 North Third Street Harrisburg, PA 17110 Attorney for Plaintiffs Jefferson J. Shipman, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant BY THE COURT, 00 .1-- :rc GO fair. I ., ;U II 32 CU11i 'ci .L U COUNY PENNSYL\'NM Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN ScSPIIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney I.D. 51785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE SMITH-WHITE and AJA DEMBY, Plaintiffs V. DONNA RIZZILLI, Defendant ORDER AND NOW, this day of CIVIL ACTION - LAW No: 99-5603 JURY TRIAL DEMANDED 2000, IT IS HEREBY ORDERED that the Plaintiffs shall answer the Interrogatories and respond to the Request for Production of Documents of Defendant Donna Rizzilli within days of service of this Order. i 6 .A N I4 Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney I.D. 51785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERILYNNE SMITH-WHITE and AJA DEMBY, Plaintiffs CIVIL ACTION - LAW V. DONNA RIZZILLI, Defendant No: 99-5603 JURY TRIAL DEMANDED AND NOW comes the Defendant, Donna Rizzilli, by and through her attorneys Goldberg, Katzman & Shipman, P.C. and file the following Motion to Compel Answers to Discovery. Discovery by way of Interrogatories and Request for Production of Documents were served upon the Plaintiffs in care of their counsel, Gregory Reed, Esquire. (See Attached Exhibit A.) On May 24, 2000, and June 29, 2000, counsel for Defendant Donna Rizzilli wrote to Plaintiffs counsel requesting Answers to Discovery. (See Attached Exhibit B.) 3. To date the Plaintiffs have not answered the discovery. 4. Pennsylvania Rule of Civil Procedure 4019 provides that the Court may, on motion, make an appropriate Order if a party fails to serve Answers to discovery. WHEREFORE, Defendant Donna Rizzilli respectfully requests this Honorable Court to issue an Order compelling answers to the discovery of Defendant Donna Rizzilli. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Pferson J. Shipman, EsFluir 20 Market Street O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 8th day of AugusL, 2000, a true and correct copy of the foregoing Motion to Compel was sewed upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid to: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. B J FF SON J. SHIPMAN, SQUIRE 49472.1 Exhiblt A LAW OFFICES GOLDBERG. KATZMAN & SHIPMAN, P.C. RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENOERSNOT J. JAY COOPER THOMAS L BRENNER JOHN A. STATLER APRIL L STRAND-KUTAY am H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENEI THOMAS J. WEBER ARNOLO B. NOGAN ROYCE L MORRIS EVAN J. KLNE, III JOHN D60REN20 STEVEN E. aRUBe JOHN R. NINOSKT 090 KAaaET 871US= STBAWBEBBT BOVASE P.O. BOX lade MARRIBBVEO. PaNNaymV 171Oe-twee TELEPHONIC (717( 2044131 PAX: (717) 804.090a BTTYAW W W.OLIE.LW.CON April 25, 2000 OF COUNSEL ARTHUR L GOLDBERG r. LEE SH IPMAN JOSHUA O. LOCK HARRY B. OOLOSOIo N9e1.19081 CARLISLE OFFICE. 17171 245.0527 YORK OFFICE. 47471043-7912 Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 RE: Sherilynne Smith-White and Aja Demby vs. Donna Rizzilli Case No: 99-5603 Dear Mr. Reed: Enclosed please find Defendant's Interrogatories and Request for Production of Documents for Answer by Plaintiffs. If you have any questions, please do not hesitate to contact this office. Very truly yours, r Barbara A. Lauver, Paralegal to Jefferson J. Shipman, Esquire Enclosure .u v.nua. w..w •mmam m?? Exhibit 8 May 24, 2000 Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 In re: Smith-White and Demby vs. Donna Rizzilli No. 99-5603 Civil Term Cumberland County Common Pleas Dear Gregory: I note that discovery by way of interrogatories and Request for Production of Documents were sent to you on April 25, 2000. Please answer the discovery within two weeks. If you need additional time, please contact me. I look forward to receiving your client's discovery answers. Very truly yours, Jefferson J. Shipman JJS:mem bcc: Debra A. Klinger, AIC (w/enc Erie Insurance Company Claim No.: 010 170 328 387 D/L: 10/4/97 43309.3 t I . LAW OFFICES GOLDBEBG. KATZMAN & SHIPMAN. P.C. RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS L SRENNER Ja1N A. STATLCR APRIL L. STRANO.KUTAY GUY M DA00N$ JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROC=t THOMAS J. WEB" ARNOLD S. KOGAN ROYCE L MORRIS EVAN A KLINE. NI JOIN DELCRWZO STEVEN r DRUBS JOIN R. NINOMY 020 MABXBT STBBCE STRAWBERRY SOUAHS P.O. BOX 1298 HARRISBURG. PENNSYLVANIA 17100.1256 TELEPHONE: (717( 24.4161 PAX: (717( 204.6608 HTZ jYW W W.OB:SLAW.COM June 29, 2000 OF COUNSEL ARTHUR L. GOLDBERG F. LEE SHPMAN JOSHUA D. LOCK MARRY S. UOLDERMG 11951-09901 CARLISLE OFFICE: 17171 246.0597 YORK OFFICE: 17171643-7012 Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 RE: Shedlynne Smith-White and Aja Demby vs. Donna Rizzilli Case No: 99-5603 Dear Mr. Reed: On April 25, 2000, Defendant's Interrogatories and Request for Production of Documents were sent to you for answer by Plaintiffs. To date, this office has not received Plaintiffs' answers to Defendant's discovery. Please forward Plaintiffs' answers to Defendant's discovery within two weeks of receipt of this letter. Thank you for your cooperation with this matter. Very truly yours, r j. (1 I. I' Iv ?V^?? I ( (I?? I vl. Barbara A. vLauver, Paralegal to Jefferson J. Shipman, Esquire cc: Debra Khriger, AIC Erie Claim No: 010 170 328 387 o+ ?- s t %-+ a+ L J L_.t: f 7 J L ? C O CD U I SHERILYNNE SMITH-WHITE, : IN THE COURT OF COMMON PLEAS OF and AJA DEMBY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DONNA RIZZILLI, Defendant CIVIL ACTION - LAW : NO. 99-5603 CIVIL TERM AND NOW, this 9a' day of September, 2000, upon consideration of the attached letter from Gregory R. Reed, Esq., attorney for Plaintiffs, Defendant's Motion To Compel is deemed moot and the rule issued on August 15, 2000, is discharged. BY THE COURT, J. esley Oler Gregory Reed, Esq. 2423 North Third Street Harrisburg, PA 17110 Attorney for Plaintiffs Jefferson J. Shipman, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant C? ,??oo :rc . rJ (?U, _ , r 97 Attorney At Law 2423 N. Third Street Harrisburg, Pennsylvania 17110 Phone: (717) 238-0434 - Fax: (717)238.8469 e-mail: gregrreed@prodigy.net October 4, 2000 The Honorable Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: White-Smith et. al v. Rizzilli No. 99-5603 Dear Judge Oler: I am writing at the suggestion of and with the permission of Defendant's attorney, Jefferson J. Shipman. On August 30, 2000 you issued an order requiring Plaintiff, Aja Demby, to respond to Defendant's Interrogatories and Request for Production of Documents within thirty days from the date of that order. Those discovery responses have been filed on a timely basis. There is no further need for you to act on this file. Very truly yours, Gregory R. Reed GRR/cjw pc: Jefferson J. Shipman, Esquire Ci\Secret&ry\Act lve Cllente\Nhlte-Smith Sherllynne\Auto\Audge Diet 1[t 00-10-04.doc OCT - 6 1000 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL TERM, -VS- CASE NO: 99-5603 DONNA RI22ILLI As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. AIJCERE Ieh of DATE: 11/20/2000 IPIg, E QUIRE Attorney for DEFENDANT DE11-219636 4 3 3 5 3- L O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL TERM, -VS- CASE NO: 99-5603 DONNA RIZZILLI NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KELLY ASSISTED LIVING EMPLOYMENT BLUE RIDGE HAVEN WEST EMPLOYMENT TANDY LEATHER EMPLOYMENT TO: GREGORY REED, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty-day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10131/2000 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.931 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-136168 4 3 3 5 3- C 0 1 11 .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS DONNA RIZZILLI File No. 99-5603 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR:KELLY ASSISTED LIVING (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: SPP. ATTAPHPII at MCS GROUP INC. 1601 MARKET ST. 080 PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of 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 JEFFERSON T. gHTPMAN_ wart ADDRESS: 320 MARKET ST., PO BC 1268 HARRISBURG. PA 17108 TELEPHONE 215-246-0900 SUPREME COURT ID k: ATTORNEY FOR. TNP nwwwNnANT BY7THE,Fy ?JDi DATE t(1 Pmthanotary/Clerk. Civil ?01 Diepty Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KELLY ASSISTED LIVING 717 MARKET STREET LEMOYNE, PA 17043 RE: 43353 SHERILYNNE-WHITE SMITH INCLUDING DISABILITY SLIPS,EMPLOYMENT APPLICATION & WORKERS COMP CLAIM Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject : SHERILYNNE-WHITE SNffM RD 2 BOX 420, NEW BLOOMFIELD, PA 17068 Social Security A 120-38-3944 Date of Birth: 11-16-1951 SU10-274340 43353-L 03. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL TERM, -VS- CASE NO: 99-5603 DONNA RIZZILLI As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/20/2000 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-219637 43353-L 02_ COb1b1ONWEALTH OF PENNSYLVANIA COUNTY OF CtTbIBERILAND IN THE MATTER OF: COURT OF COMMON FLEAS SHERILYNNE WHITE-SMITH, ET AL TERM, -VS- CASE NO: 99-5603 DONNA RIZZILLI KELLY ASSISTED LIVING EMPLOYMENT BLUE RIDGE HAVEN WEST EMPLOYMENT TARDY LEATHER EMPLOYMENT TO: GREGORY REED, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE 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 undereigned an objection to the subpoena. If the twenty.-day notice period is waived or if no objection is made, then the subpoena say be served. Complete copies of any reproduced records my be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 1013112000 CCs JEFFREY ssnmx, ESQIIIRE - 22740.931 MCS on behalf of JEFFREY SiIPMAN, ESQUIRE Attorney for DEPENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-136168 4 3 3 5 3- C O 3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS DONNA RIZZILLI File No. 99-5603 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:BLUE RIDGE HAVEN SUBACUTE (Name of Person or Entity) Within twenty (20) days after service of this subpoe things: are ordered by the court to produce the following documents or -TACHFn at MCS GROUP INC. 1601 MARKET ST. #800 PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of 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 TEFFERgnN i. SHIPMAN, FSQ ADDRESS: 320 MARKET ST., PO BC 1268 HARRISBURG. PA 17108 TELEPHONE _215-246-0900 SUPREME COURT ID f/: ATTORNEY FOR Tmr nFFFNnA rT DATE C1jGe Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE RIDGE HAVEN WEST 770 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 43353 SHERILYNNE-WHITE SMITH INCLUDING DISABILTY SLIPS,EMPLOYMENT APPLICATION & WORKERS COMP CLAIMS Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and Including the present. Subject : SHERILYNNE-WHITE SMITH RD 2 BOX 420, NEW BLOOMFIELD, PA 17068 Soda] Security A 120-38.3944 Date of Birth: 11-16-1951 SU10-274342 43353-L.02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHERILYNNE WHITE-SMITH, ET AL _VS_ DONNA RIZZILLI COURT OF COMMON PLEAS TERM, CASE NO: 99-5603 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/20/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-219638 43353-1,03 CObIMONWEAI.TH OF PENNSYLVANIA COUNTY 01r CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHERILYNNE WHITE-SMITH, ET AL TERN. -VS- CASE NO: 99-5603 DONNA RIZZILLI KELLY ASSISTED LIVING EMPLOYMENT BLUE RIDGE HAVEN WEST EMPLOYMENT TANDY LEATHER EMPLOYMENT TO: GREGORY RKKD, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQOIEE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Ccesplete copies of any reproduced records my be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MS office. DATE: 10/31/2000 CC: JEFFREY SHIPMM, ESQUIRE - 22740.931 MCS on behalf of JEFFREY SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-136168 4 3 3 5 3- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERILYNNE WHITE-SMITH, ET AL VS DONNA RIZZILLI Ffle No. 99-5603 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: TANDY LEATHER COMPANY iName 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: -FF ATTAr.RVn at MCS GROUP INC.. 1601 MARKET ST.. 11800. PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of 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 fall 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: TRFFERgnN T_ RHTPMAN. RRO. ADDRESS: 320 MARKET ST., PO BC 1268 HARRISBURG. PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID N: ATTORNEY FOR. Tug nRPRNnANT DATE ne`Idh n k D r1 Seal of the Court (Eff. 7/97) I. EXPLANATION OF REQUIRED TO: CUSTODIAN OF RECORDS FOR: TANDY LEATHER ENOLA, PA RE: 43353 SHERILYNNE-WHITE SMITH INCLUDING DISABILTY SLIPS,EMPLOYMENT APPLICATION & COMPENSATION CLAIMS Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject : HERILYNNE-WHITE SM[rM RD 2 BOX 420, NEW BLOOMFIELD, PA 17068 Social Security A 120-38.3944 Date of Birth: 11-16-1951 SU10-274344 43353-L 03 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CL'>IBERLAND COUNTY Please Hst the following case: (Check one) ( X 1 for JURY trial at the next term of civil court. ( ) for trW without a jury. CAPTION OF CASE (entire caption must be stated in full) SfiERILYNNE WRITE-SMITH and AJA DEMBY, R (Plaintift) DONNA RIZZILLI, Va. (Defendant) (check one) ( ) Assumosit ( X ) Trespass ( ) Trespass (Motor Vehicle) ( ) (other) The trial list will be called on Fune 12, 2001 and Trials commence on July 9, 2001 Pretrials will be held on June 20, zoDl (Briefs are due 5 days before pre- trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to focal Rule 214-1.) No. 56?? Civil 1999 Indicate the attorney who will try cue for the party who ides this praecipe: Jefferson J. Shiotban, Esquire Indicate trial counsel for other parties if known: Gregory R. Reed. Esquire This use is ready for trial. Date: 3 / 15 /01 Signed: Print:;ame: Jefferson J. Shipman, Esquire Attorney for: Defendant 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 March 15, 2001: Gregory Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 4Ll J ff n, Esquire erson JS I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Rizzilli 42915.1 G l(1 i^ C7 ???{ ? c! l)? 'j; L f1 ? ?? ?o ,ern - ., .'_ ? r.: , . ? j .. ' ? '? .l !? U Al AN 2 , RTS SHERILYNNE SMITH-WHITE and AJA DEMBY, Plaintiffs VS. DONNA RIZZILLI, Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5603 Civil Term JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. Gregory'R. Reed, Esquire 2923 North Third Street Harrisburg, PA 17110 Attorney for Plaintiffs DATE: S /01 63478.1 :,, ?- ?= ?, __ , ,' ,-. : ?. ' -=- ? , _ , ?: ,. '?: ?: __