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Home My WebLink About99-07109 J KJE\Randonn Motions and PetitionslMotionbrDelayDamages -VITALE VITTORIO VITALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99- 7109 CIVIL CHET AMICK, : CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this _ day of , 2002, upon consideration of the within Motion, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiff is awarded the amount of $5,868.20 in Rule 238 Delay Damages in the above-captioned matter, and the total award to the Plaintiff is $47,368.20. BY THE COURT: J. VITTORIO VITALE, Plaintiff V. CHET AMICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- 7109 CIVIL CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE You are hereby notified to file a written answerto the attached Amended Motion for Delay Damages within twenty (20) days from the filing of the Motion or the delay damages sought in the Motion may be added to the verdict or decision against you. Respectfully submitted, Date: 7//c /G Z 3 HANDL H?NING & ROSENBERG, LLP U By: Matthew S. Crosby, Esq. I. D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff rf' TA VITTORIO VITALE, Plaintiff V. CHET AMICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7109 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR ORDER OF COURT TO MOLD VERDICT FOR INCLUSION OF RULE 238 DAMAGES AND NOW, comes the Plaintiff, Vittorio Vitale, by and through his attorneys, HANDLER, HENNING, ROSENBERG, LLP, by Matthew S. Crosby, Esq., and moves this Honorable Court to award delay damages pursuant to Pa.R.C.P. 238, and in support thereof avers as follows: 1. The Complaint in the above-captioned matter was served on the Defendant, Chet Amick, on December 6, 1999. 2. The date of the incident that formed the basis for the Complaint was December 20, 1997. 3. At the time of trial, the highest offer of settlement extended by the Defendant was $6,500.00. (See December 23, 1999 correspondence from Matthew R. Gover, Esq., attached hereto, made a part hereof, and marked, Exhibit A.) i 4. On July 9, 2002, the jury deliberating in the above-captioned matter rendered a verdict in favor of the Plaintiff in the amount of $41,500.00. 5. Pursuant to Pa.R.C.P. Rule 238(2)(i), the Plaintiff is entitled to delay damages from December 6. 2000, which is exactly one year after service of the Complaint, until July 9, 2002, the date of the jury verdict. 6. Pursuant to Pa.R.C.P. Rule 238, damages for delay shall be calculated "at a rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus 1 %." 7. The relevant prime interest rate plus 1 % for the year 2000 is 9-1/2%; for the year 2001, 10-1/2%; and for the year 2002 is 5-3/4%. 8. For the year 2000, appropriate delay damages are $270.00, which represents interest on $41,500.00 at 9-1/2% from December 6, 1999, through the conclusion of the year, a total of 25 days. 9. The appropriate delay damages for the year 2001 are $4,357.50, which represents interest on $41,500.00 at 10-1/2%, from January 1, 2001, through December 31, 2001, a total of 365 days. 10. The appropriate delay damages for the year 2002 are $1,240.70, which represents interest on $41,500.00 at 5-3/4%, from January 1, 2001, through the date of the verdict on July 9, 2002, a total of 190 days. 11. The total delay damages, as calculated pursuant to Rule 238, is $5,868.20. -2- WHEREFORE, the Plaintiff requests that this Honorable Court mold the verdict in the above-captioned matter to include $5,868.20 in Rule 238 Delay Damages for a total liability of the Defendant of $47,368.20. Date: r 61o v Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esq. I.D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff ry_ a m i Nealon S , , Dyer 'ATTORNEYS AT LAW 301 %1APKET STREET • 9"' FLOOR P.O. BOX 965 HARRISBURG, PA 17109 (717) 232.9900 FAX: (717) 2769119 JAMES G. NEALON, 111 MATri IF.W R. COVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER 1. KNIGHT December 23, 1999 Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG 319 Market Street P.O. Box 1177 Harrisburg, PA 17100 RE: Vitale v. Amick Cumberland County 99-CIVIL-7109 Dear Mr. Crosby: Please be advised that I am in receipt of the above-captioned file from Allstate for purposes of defense. Allstate has thoroughly evaluated this claim and had granted me authority of $6,500.00. This will not change. Unless a new development occurs regarding the evaluation, this is my final settlement offer and I urge you to take it to your client. Thank you for your attention to these matters. MRG/slf t' Very truly yours, Matthew R. Gover NEALON & GOVER EXHIBIT A Wuleld god s (awollH OOOZ-8£Z QL L) OULL Hd'6ingsu'eH LL L L Xo8 'O'd L9£69#'aI Aawolly 'bs3 'AgsaO •S m94lleW 8 dTl 'Ja38N31SOM'R ONIN 3H ` laN`dH 70 ?) :31dd ZOOZ '9L Alnr uo eluenlAsuuad '6jngsweH ul 'aoimas ieln69j 'IIeW salelS Peon Aq 'OL LL L Vd '6jngslJJeH "IS luad 4poN L Lt '2i3A00'R NO-1V3N "bs3 'uewgal '0 maJpuy 'piooa1;o lasunoo sly of awes aql to (doo a 6wpuas Aq N01WH 13HO luepua;ap ayl uo Pemas sem luawnoop bulo6aiol ayl;o Adoo loajioo pue anil a leyl /41liao Agajay I 301Aa3S dO 31VOIJ la3O n CD n C: r•? h -i? y"" ' v o ra .? JUL 1 9 2002 KJE1Random Motions and PelilionsWotion(50elayDamages -VITALE VITTORIO VITALE, Plaintiff V. CHET AMICK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7109 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this _ day of 2002, upon consideration of the within Motion, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiff is awarded the amount of $5,868.20 in Rule 238 Delay Damages in the above-captioned matter, and the total award to the Plaintiff is $47,368.20. ?? BY THE COURT: J J. JUL 1 9 2002 \ KJE1Random Motions and PetitionsWotionbrDelayDamages - VITALE VITTORIO VITALE, Plaintiff V. CHET AMICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7109 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this _ day of . 2002, upon consideration of the within Motion, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiff is awarded the amount of $5,868.20 in Rule 238 Delay Damages in the above-captioned matter, and the total award to the Plaintiff is 547,368.20. BY THE COURT: in r- 0 f J. r VITTORIO VITALE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 99-7109 CIVIL CIVIL ACTION - LAW CHET D. AMICK, Defendant VERDICT We, the jury, impaneled and sworn to try this case award the plaintiff damages in the following amount(s): Rental Car: Past and future pain and suffering/ Non-economic loss: TOTAL: Date: ZC?Z- $ 45-00.00 $yv?va. u v $ N1.500, 00 Poreperson °A, (Judge_ OlerkfProth ;. TlpataH_ 44 AD COURTROOM NO.: CASE NO.: ' 7 ATE DOCKET NO.: 7r /1?7 - ?/?f : D Random No. . Juror # Name _ _ _, _. ... .,?..'.... ..? ...........:..<, m , e . ..w_ ® 60 ".m.'e.., . Detwiler, Thelma J -1673552521 68 Dilsner, Charles F. Jr -1544378321 3 q^ Dal C Philli 1 1 -1196084949 74 p c, 2 Schme 58 Vasco, Eileen C -1194163442 - 44 Jumper, Susan M - -1184699190 ti 51 Line, Kathy E -1051723259 Ili Q-` 49 R3'aR; 14 019091 43 it D I SIR" A 5 1 -379086868 61 Hair, Brian p { 1 ` 1-- . . I ; 64 George, William M -157398285 ' 53 Brown-Aro, Jeffrey J -3344639646 646 II, 42 Stoner, Denton M 92421180 49 Keast, Pauleena J 163062207 I IS I y R-: _II 46 Rusignuolo, Brian 47 Gordon, Daniel S 399083528 413407593 614726753 57 Heiser, Michelle L 897698372 70 Lehr, Kenneth G 933305219 45 Herman, Gerald W Jr 934218208 56 Lay, Kenneth C 1021613657 ^ 66 Paolella, Arlene S - 72 Richard V Greene 1082762741 , 2005682706 73 Smith, Pamela G zozso4sn7 62 Smith, Eugene N rA64,Ir U6k;je Pa 1 a 1 . ,Nr1fs/f4r' j t J N J Q Bob.. M , ly• •I i 1 O ? • , 1 W 1 1J W O ? Onn yn? Wpm 0 =%'U 0 cc = C1 O {y 6 ] C C; in ° ? " W • , = i 1 1 { l v 1 1 i i` i ? p k Z ? r i v i 1 i m ?) m 1 l N ;Kn Q' N cW?? w ". c ? E > C •je J C9 (L d 3r O Z N 1 W N 2 Q fi 1 i . S°. f 1 ' ; r ? ? O 1 1 / ? `C C ? o a ; d •° 01 w x t? C N Z C d O ? ? x t 2 d J ? i.r - i I. S ;Judge _ ClerWproth_TlpstaH___ CASE NO.: D I COURTROOM NO.: lz-ffera / ' IINa4-, Vs elle7' A 141n%c1- DOCKET NO.: 77 - ;1,3;1 DATE: 71 f1D.z Juror # ..,...,..e..,... Name .<. ...,,?.M ....^ ..?._ : _ ...__?.. _. ,..r... _._. .. ?,....:.,.. Random No., 60 Detwiler, Thelma J -1673552521 68 Dilsner, Charles E Jr -1544378321 I4UU I4UYJ4 74 Schmelzle, Phillip C -1196084949 58 Vasco, Eileen C -1194163442 44 Jumper, Susan M - -1184699190 51 Line, Kathy E -1051723259 13 , 4 - 507049091 61 Hair, Brian -379086868 64 George, William M -157398285 53 Brown-Aro, Jeffrey 1 -34639646 42 Stoner, Denton M 92421180 49 Keast, Pauleena J 163062207 ?- cc n I r -385336502 46 Rusignuolo, Brian 399083528 47 Cordon, Daniel S 413407593 - -- 57 Heiser, Michelle L 614726753 70 Lehr, Kenneth G 897698372 45 Herman, Gerald W Jr 933305219 56 Lay, Kenneth C 934218208 66 Paoletta, Arlene S 1021613657 72 Greene, Richard V 1082762741 73 Smith, Pamela G 2005682706 62 Smith, Eugene N 2025045117 m0-lar U64;de 1 JJVJtTria1%Vita1e_points with expert VITTORIO VITALE, Plaintiff V. CHET AMICK, Defendant t : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7109 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S POINTS FOR CHARGE AND NOW, comes the Plaintiff, Vittorio Vitale, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esquire, and provides the following jury instructions which he moves the Court to read to the jury. Respectfully submitted, HANDLER, HEN"G & ROSENBERG, LLP DATED: 7, Is /0 Z_ - By: Matthew S. Crosby, Esc Supreme Court I.D. # 61 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff 't'7--w:M 1. Under all the law and evidence presented, I direct that you return a verdict in favor of the Plaintiff, Vittorio Vitale, and against the Defendant on the issues of negligence and legal causation. z 2. In civil cases just as this one, the Plaintiff has the burden of proving those contentions which entitle him to relief. When a party has the burden of proof on a particular issue, their contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto the one side of the scale, place all the evidence favorable to the Plaintiff; on the other, place all the evidence favorable to the Defendant. If, after considering the comparable weight of the evidence, you feel that the scale is tipped, ever so slightly, or to the slightest degree in favor of the Plaintiff, your verdict must be for the Plaintiff. If the scales tip in favor of the Defendant, or likely balance, your verdict must on that particular issue be for the Defendant. Pa. SSJI (Civ.) §5.50 3 3. This is a civil case and not a criminal case. The Plaintiff, Vittorio Vitale, need not prove his case beyond a reasonable doubt. His obligation with reference to the burden of proof is proof by a preponderance of the credible evidence and testimony. Perto v. Secary Estates, 430 Pa. 540 (1961) i% I,I 4. You will recall that two individuals gave testimony of their qualifications as experts in this case. On behalf of the Plaintiff: 1. Dr. David Smith On behalf of the Defendant: t t r' 1. Dr. Bruce Goodman i i A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any, matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. Pa SSJI (Civ.) §5.30 5 5. You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnesses do not necessarily mean that any witness has been wilfully false. Poor memory is not uncommon. Sometimes a witness forgets; sometimes he remembers incorrectly. If different parts of the testimony of any witness or witnesses appear to be inconsistent, you, the jury, should try to reconcile the conflicting statements, whether of the same or different witnesses, and you should do so if it can be done fairly and satisfactorily. If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to determine which, if any, of the contradictory statements you will believe. Pa SSJI (Civ.) §5.04 6 6. In this case, Defendant did not call Dr. Bruce Goodman as a witness. The general rule as it applies in the case of failure to call a witness is as follows: where a potential witness is within the control of one of the parties and is shown to have special information relevant to the case, so that his testimony would not merely be cumulative, and where his relationship to one of the parties is such that the witness would ordinarily be expected to favor him, then if such party does not produce his testimony, and there is no satisfactory explanation for his failure to do so, you may draw the inference that such testimony would have been unfavorable. Therefore, if you find that the person who was not called as a witness was within the control of the Defendant, has special information which was relevant, and that his testimony would not merely be cumulative, and that his relationship to Defendant is such that the witness explanation for Defendant's failure to call him, you may draw the inference that the testimony of the witness would have been unfavorable. Pa SSJI (Civ.) §5.06 7 7. You must find an amount of money damages which you believe will fairly and adequately compensate the Plaintiff for all the physical and financial injury that he has sustained as a result of the accident. The amount which you award today must compensate the Plaintiff completely for damage sustained in the past, as well as for damages the Plaintiff will sustain in the future. Pa. SSJI (Civ.) §6.00 8 8. The word "compensation" is a keynote as it relates to damages because "compensation" is the true purpose of the law of damages, and the general principle on which the law awards damages is compensation for the loss suffered. An injured person should be fully compensated for all injuries sustained. Incollingo v. Ewing, 444 Pa. 263, 282 A.2d 206 (1971). J.- 9. In this case, ladies and gentlemen, you must be apprised of the different types of damages available for compensation. Before instructing you, I will explain each of the types of damages which are recoverable. Vittorio Vitale is entitled to recover for: (a) all past and future embarrassment and humiliation; (b) all past and future loss of enjoyment of life; (c) all past and future pain and suffering; and (d) all past and future emotional distress and mental anguish; In the event that you find in favor of Plaintiff, Vittorio Vitale, you will add these sums of damage together and return your verdict in a single, lump sum. Pa. SSJI (Civ.) §6.01.; Kaczkowski v. Bolubasz, 491 Pa. 561, 421 A.2d 1027 (1980); Stephens v. Economy Bank of Ambridge, 413 Pa. 442, 197 A.2d 721 (1964); Lach v. Fletch, 361 Pa. 340, 64 A.2d 821 (1949). ?ZA 10 10. Plaintiff, Vittorio Vitale, is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe he has endured and will continue to endure as a result of his injuries. Pa. SSJI (Civ.) §6.01 G 11 11. Plaintiff, Vittorio Vitale, is entitled to be fairly and adequately compensated for past, present and future loss of his ability to enjoy any of the pleasures of life as a result of his injuries. Pa. SSJI (Civ.) §6.011 iz U. - - 12. In evaluating the amount to be awarded for pain and suffering, you should consider that the infliction of pain means taking from a person what is his own to possess and retain, namely, health and well-being, and that the law allows for compensation of this loss to the extent that any loss may be calculated in money damages. In arriving at any award for pain and suffering which Plaintiff has undergone, you must also consider the extent to which his injuries have resulted in a loss or lessening of his ability to enjoy life and life's pleasures, and the ability to engage in various other activities which he enjoyed prior to the accident even if the ability to engage in these activities is not permanent, but only existed for a temporary period of time. DiChiacchio v. Rockcraft Stone Products Company, 424 Pa. 77, 85, 225 A.2d 913 (1967); Corcoran v. McNeal, 400 Pa. 14, 26,161 A.2d 367 (1960); Carminati v. Philadelphia Transport Co., 405 Pa. 500,176 A.2d 440 (1962). 13 •, j 13. The legal concept of pain and suffering includes a wide variety of physical and emotional reactions to injuries for which the Plaintiff is entitled to be compensated. Some of these include, but are not limited to: (1) physical pain; (2) mental distress and anxiety; (3) loss of feeling of well-being; (4) embarrassment and humiliation; (5) loss of the ability to enjoy the normal and ordinary pleasures of life; (6) privation and inconvenience; (7) inability to perform household tasks. The concept of pain and suffering includes both the physical and mental consequences of an injury. Plaintiff, Vittorio Vitale, is entitled to recover for the mental pain and suffering and emotional upset which accompanies his physical injuries. Thompson v. lannuzzi, 403 Pa 329, 169 A2d 777 (1961). 14 14. In considering the pain and suffering that has been endured by Vittorio Vitale prior to this trial, and which he will endure in the future, I instruct you that pain and suffering are substantive losses and it is your duty to appraise the pain and suffering and fix a monetary value as just compensation. Burgan v. Pittsburgh, 373 Pa. 608, 96 A.2d 889 (1953); Carminati v. Philadelphia Transit Co., 405 Pa. 500, 176 A.2d 440 (1962). 15 15. I instruct you that ?inder the general heading of pain and suffering, Vittorio Vitale is also entitled to recover damage for the fear, anxiety, and apprehension relating to the possible future consequences of his injuries, where there is a reasonable possibility that such future consequences may occur. Reimer v. Delisio, 296 Pa. Super 205, 442 A.2d 731 (1982), affd 501 Pa. 662, 462 A.2d 1308 (1983); Walsh v. Brody, 220 Pa. Super 293, 286 A.2d 666 (1971). l } 16 16. Pain and suffering also includes both physical and mental pain and suffering. The Plaintiff is entitled to recover for the mental pain and suffering and i emotional upset which accompanies the inability to attend to his normal occupation and responsibilities. Thompson v. lannuzzi, 403 Pa. 329, 169 A.2d 777 (1961). 17 17. You may consider further pain and suffering where the testimony demonstrates that the condition will persist in the future. Expert testimony is not required to predict the exact future result anticipated but more than a mere possibility or fear of future consequences must be shown. Fretts vs. Pavetti, 422 A.2d 881, 282 Pa.Super 166 (1980). 18 It 18. Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you believe he will endure in the future as a result of his injuries. Pa. SSJI (Civ.) §6.01F 19 u imi?nw?w Ir 19. Ladies and gentlemen, if you find that Vittorio Vitale's injuries will continue beyond today, you must determine his life expectancy. According to statistics compiled by the United States Department of Health, Education and Welfare, the average life expectancy of all persons of Vittorio Vitale's age at the time of the incident, sex and race was 45 years. This figure is offered to you only as a guide, and you are not bound to accept it if you believe that Vittorio Vitale would have lived longer or less than the average individual in his category. In reaching this decision you are to consider his heath prior to the injury, his manner of living, his personal habits and other factors that may have affected the duration of his life. Pa SSJI (Civ.) §6.21 20 20. Finally, ladies and gentleman, be mindful of the fact that this is Vittorio Vitale's only day in court, and whatever damages you find from the evidence, you must under the law, award to him in your verdict today. For it is the law that we cannot call jurors back at any later date and request more compensation. Therefore, the award you find must include within it full and adequate compensation for all Vittorio Vitale's past, present and future pain and suffering he has endured and will endure as a result of the injuries sustained in this accident. Jamison v. DeNardo, Inc., 302 F.2d 27, 30 (3d Cir. 1962). 21 I. VITTORIO VITALE, PLAINTIFF V. CHET AMICK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-CIVIL-7109 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED DEFENDANT'S PROPOSED POINTS FOR CHARGE AND NOW, comes the Defendant, Chet Amick, by and through his attorneys, NEALON & GOVER, P.C., and submits the following proposed points for charge in addition to the Court's standard instructions. Respectfully submitted, NEALON & GOVER By:6, - Andrew C. Lehman, Esquire Attorney I.D. #81937 2411 North Front Street Harrisburg, PA 17110 Date: 7/9/02 (717) 232-9900 D1. In civil cases such as this one, the Plaintiff has the burden of proving those c=ontentions which entitle him to relief. When a party has the burden of proof on a particular issue, her contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, if you will of an ordinary balance scale with a pan on each side To one side of the scale place all the evidence favorable to the Plaintiff: on the other place all the evidence favorable to the Defendant. If after considering the comparable weight of the evidence you feel that the scales tip ever so slightly or to the slightest degree in favor of the Plaintiff. your verdict must be for the Plaintiff. If the scales tip in favor of the Defendant or are equally balanced your verdict must be for the Defendant. In this case the Plaintiff has the burden of proving the following propositions: that the Defendant was negligent in that the negligence was a substantial factor in bringing about the accident. If, after considering all of the evidence, you feel persuaded that these propositions are more probably true than no, your verdict must be for the Plaintiff. Otherwise your verdict should be for the Defendant. Pa.SSJI (Civ) 5.50 f-r-W N! IIIIII D2. The number of witnesses offered by one side or the other does not, in itself, determine weight of the evidence. It is a factor, but only one of many factors which you should consider. Whether the witnesses appear too biased or unbiased; whether they are interested or disinterested persons, are among the important factors which go to the reliability of their testimony. The important thing is the quality of the testimony of each witness. In short, the test is not which side brings greater number of witnesses or presents the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may outweigh that of many, if you have reason to believe this testimony in preference to theirs. Obviously, however, where the testimony of witnesses appear to you to be of the same quality, the weight of numbers assumes particular significance. Pa.SSJI (Civ) 5.03 , fr;yCMM D3. You are not permitted to determine your verdict based on guesswork, speculation, conjecture, or sympathy for a party. Engle v. Spino, 425 Pa. 254, 228 A.2d 745 (1967): Satovich v. Lee, 385 Pa. 133, 122A.2 212 (1956). D4. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. Pa. SSJI (Civ) 5.30 I)5. In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert. come from his personal knowledge, from some other proper source or from some combination of these. Pa. SSJI (Civ) 5.31 D6. In resolving any conflict that may exist in the testimony of expert witnesses, you are entitled to weigh the opinion of one expert against that of another. In doing this, you should consider the relative qualifications and reliability of the expert witness, as well as the reasons for each opinion and the facts and other matters upon which it is based. Pa. SSJI (Civ) 5.33 D7. The plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you find he has endured (and will endure), [as a result of the accident]. Pa. SSJI (Civ) 6.01 E; (6.01 F) -. #10 OLER VITTORIO VITALE, Plaintiff V. CHET AMICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-7109 CIVIL TERM IN RE, PRETRIAL CONFERENCE A pretrial conference was held in the chambers of the undersigned judge in the above-captioned case on Wednesday, June 19, 2002. Present on behalf of the Plaintiff was Gregory M. Feather, Esquire, standing in for Matthew S. Crosby, Esquire, who will be trying the case. Present on behalf of Defendant was Andrew C. Lehman, Esquire. This is a negligence action for personal injuries to Plaintiff arising out of a two-vehicle accident in Carlisle, Cumberland County, Pennsylvania, on December 20, 1997. The accident occurred when Defendant entered an intersection against a red light and was struck by Plaintiff's vehicle which had a green light. Negligence and legal causation are admitted, but the amount of damages is at issue. This will be a jury trial in which each side will have four peremptory challenges, for a total of eight. The estimated duration of trial is two days. Counsel have stipulated as to the -IN :11 authenticity of records, but there is no stipulation as to medical necessity or reasonableness of the charges reflected in the said records. To the extent that any deposition testimony is to be shown or read to the jury and contains objections being pursued by counsel, counsel are directed to furnish to the Court at least five days prior to commencement of the trial term at which this case is tried copies of the affected transcripts with the areas of objection being pursued highlighted and with brief memoranda in support of the positions of counsel on the objections. With respect to settlement negotiations, Plaintiff has demanded $25,000.00, and Defendant has offered $6500.00. It appears to the Court that there is a reasonable prospect of settlement in this case. By the Court, Gregory M. Feather, Esquire For the Plaintiff Andrew C. Lehman, Esquire For the Defendant Court Administrator wcy .Wesley 0 er Jr. , mob,. r >?% ::?, cG, - '•?n c.. -_ '_ !nJ ?- - f?A_ u v J -. C:i U VITTORIO VITALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-7109 CIVIL CHET AMICK, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant PLAINTIFF'S PRE-TRIAL MEMORANDUM 1. STATEMENT OF FACTS: This case arises out of a motor vehicle collision that occurred on December 20, 1997, at approximately 10:00 a.m. Plaintiff, Vittorio Vitale, was traveling northbound on North East Street in Carlisle, Cumberland County, Pennsylvania. At approximately that same time, the Defendant, Chet Amick, was traveling eastbound on East North Street, approaching the intersection with North East Street. The Defendant disregarded a steady red traffic signal and travelled into Plaintiffs path, causing a violent collision. As a result of the collision, Mr. Vitale suffered permanent injuries, to his cervicothoracic spine. It. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: At this time, Defendant has not admitted liability. Plaintiff presumes that the Defendant will argue both causation and the extent of damages, claimed by Plaintiff. III. SPECIAL EVIDENTIARY ISSUES AND ADMISSIONS None. IV. ESTIMATED LENGTH OF TRIAL: 2 - 3 days. V. WITNESSES: 1. Vittorio Vitale. 2. Chet Amick. 3. Ray Boltz-eyewitness 4. Margaret Burns-eyewitness. 5. Robert Carter-eyewitness. 6. Patrichia Yoter-eyewitness 7. Ken Steinour-eyewitness 8. Officer Dale, Carlisle Police Department-investigating officer. 9. Salvatore Anile-damages witness. 10. Sebastian Anile-damages witness. 11. Terryl Vitale-damages witness. 12. Dr. David Smith. 13. Dr. Bruce Goodman (byway of videotape) Plaintiff also reserves the right to call any of the witnesses listed by the Defendant. Plaintiff further reserves the right to supplement his witness, should additional information become available. -1- VI. EXHIBITS: Vehicle photographs. 2. Medical treatment calendars. 3. Deposition transcripts. 4. Anatomical diagrams. 5. Transcribed recorded statements. 6. Police Accident Report. 7. Videotapes and transcripts of expert medical testimony. 8. Medical records. Defense medical examination and impairment rating reports. Plaintiff reserves the right to use any exhibits identified by the Defendant in his Pre-Trial Memorandum. Plaintiff also reserves the right to supplement his Exhibit list, should additional information become available. VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS: Defendant has made a settlement offer of $6,500.00. Plaintiffs demand is $25,000.00. DATE: 611 o7 OZ Respectfully submitted, HANDLER, E NING =OSENBERG LLP BY: Matthew S. Crosby, Esq. Supreme Court ID No. 69367 1300 Linglestown Rd. P.O. Box 60337 Harrisburg, PA 17106 Tel. No.: 717-238-2000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant by sending a copy of the same to his counsel of record, as follows, by first- class United States Mail, in Harrisburg, Pennsylvania on June 10, 2002. Andrew C. Lehman, Esq. NEALON & GOVER 2411 North Front St. Harrisburg, PA 17110 DATE: (? I ( n/o-z-- HANDL NING & ROS ERG, LLP B Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff VITTORIO VITALE, Plaintiff, V. CHET AMICK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-CIVIL-7109 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT. CHET AMICK AND NOW, this the 12"' day of June, 2002, Andrew C. Lehman, Esquire, counsel for the Defendant, sets forth the following required information pursuant to Cumberland County Local Rule 212-4: 1. A Statement of the Basic Facts as to Liability. This civil action arises out of a motor vehicle accident that occurred on December 20, 1997, at approximately 10:00 a.m., at the intersection of East North Street and North East Street in Carlisle, Cumberland County, Pennsylvania. This accident occurred as the Defendant, Chet Amick, failed to stop for a steady red light at said intersection as he traveled east on East North Street. In said intersection, Defendant Amick's 1962 Ford pickup truck came into contact with Plaintiff Vitale's 1997 Honda Accord, which was traveling in a northerly direction on North East Street. II. A Statement of the Basic Facts as to Damages. Not applicable to Defendant; however, defense expert, Dr. Bruce Goodman, has opined in his videotaped testimony that the Plaintiff suffered from a cervical thoracic strain with a five percent whole person impairment. III. A Statement as to the Principal Issues of Liability and Damages. Defendant will admit that he was negligent. Defendant will also admit that his negligence was a substantial factor in causing some harm to the Plaintiff. However, the nature and extent of Plaintiff's injuries and damages as related thereto are for the jury to decide. In sum, the crux of this case is for the jury to put a dollar amount on the Plaintiff's damages. IV. Defendant would request that all parties stipulate to the authenticity of all documents exchanged during the course of discovery. V. Identity of Witnesses to be Called. Defendant may call Chet Amick. Defendant may also call Dr. Bruce Goodman, via videotaped testimony. Defendant does not anticipate calling any other witnesses, however, Defendant does reserve the right to call the Plaintiff as on cross-examination and any of the individuals identified in Plaintiff's Pre-Trial Memorandum. Additionally, 2 Defendant reserves the right to call any of the Plaintiff's healthcare providers identified through discovery. VI. A List of Exhibits with Brief Identification of Each. A. Photographs of Defendant's vehicle; B. Photographs of Plaintiff's vehicle; C. All of Vittorio Vitale's medical records exchanged through discovery including but not limited to: 1. Medical records from Herman Chiropractic Centers; 2. Medical records from Spring Road Family Practice; 3. Medical records from Dr. Harold Kretzing and Belvedere Medical Center; 4. Medical records from David Smith, D.C.; 5. Medical records from HealthSouth; 6. Medical records from Allan J. Mira, M.D.; and 7. Medical records from Carlisle Hospital and Health Services. D. Police report of the incident in question; E. Transcript from the parties' and witnesses' depositions for impeachment purposes and/or to refresh recollection; F. Recorded statement of Chet Amick given to Allstate Insurance Company for purposes of refreshing recollection, if necessary; 3 G. Recorded statement of eyewitnesses Patricia Yoter, Robert Carter, and Margaret Burns as given to Todd Hassinger, a representative of Handler, Henning & Rosenberg; H. Employment records and tax returns of the Plaintiff; 1. Defendant reserves the right to use as an Exhibit any other documents exchanged during the course of discovery. VII. The Current Status of Settlement Negotiations. Defendant has offered $6,500, which has been rejected. Respectfully submitted, NEALON & GOVER, P.C. By: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 Date: 6-0 ,CZ-2- 717/232-9900 4 CERTIFICATE OF SERVICE AND NOW, this 12 day of June, 2002, 1 hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG 1300 Linglestown Road Harrisburg, PA 17110 Andrew C. Lehman, Esquire VITTORIO VITALE, IN THE COURT OF COMM1ION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 99- -?IoV CIVIL CIVIL ACTION - LAW CHET AMICK, Defendant JURY TRIAL DENIANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 Matthew S. Crosby, Esq. I.D.#69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 DATE: it 7 ??? Attorneys for Plaintiff I )nt/cat,:pltt i nt.J V ittd e. red VITTORIO VITALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99- 7109 CIVIL CIVIL ACTION - LAW CHET AMICK, JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes the Plaintiff, Vittorio Vitale, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and makes the within Complaint against Defendant, Chet Amick, and in support thereof, avers as follows: I . Plaintiff, Vittorio Vitale, is an adult individual currently residing at 241 E. Loather St., Carlisle, Cumberland County, PA 17013. 2. Defendant, Chet Amick, is an adult individual currently residing at 47 Edgelea Dr., Chambersburg, Franklin County, PA 17201. 3. At all times material hereto, Plaintiff, Vittorio Vitale, owned and operated a 1997 Honda Accord leased by him and, bearing Pennsylvania Registration No. BKW-4779 (hereinafter "Plaintiff's vehicle"). 4. At all times material hereto, Defendant, Chet Amick, owned and operated a 1962 Ford truck, bearing Pennsylvania Registration No. 79228 CE (hereinafter "Defendant's vehicle"). 5. On or about December 20, 1997, at approximately 10:10 a.m., the Plaintiffs vehicle was traveling northbound on North East Street approaching the traffic signal at North East and East North Streets in Carlisle, Cumberland County, Pennsylvania. 6. On or about December 20, 1997, at approximately 10:00 a.m., Defendant's vehicle was traveling eastbound on East North Street approaching the traffic signal at North East and East North Streets in Carlisle, Cumberland County, Pennsylvania. 7. At approximately that same time and place, Defendant's vehicle was traveling eastbound on East North Street approaching the traffic signal at the North East and East North Street intersection. Defendant disregarded a steady red traffic light for eastbound traffic on East North Street and continued to travel into said intersection. 8. At approximately that same time and place, Plaintiff proceeded into the intersection in conjunction with a green traffic signal, when suddenly and without warning, he was violently struck by Defendant's vehicle.. 9. At the time of the collision, Plaintiffwas insured under a motor vehicle policy with the Erie Insurance Group. Under this policy, Plaintiff elected the full tort option. 10. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Vittorio Vitale, sustained serious and extensive injuries as set forth more specifically below. 11. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Vittorio Vitale, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Chet Amick, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the position of Plaintiff's vehicle; (b) In failing to be reasonably vigilant to observe the red traffic light for eastbound East North Street traffic; 2 (c) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking Plaintiffs vehicle; (d) In failing to operate said vehicle tinder proper and adequate control in order that he could avoid striking Plaintiffs vehicle; (e) In failing to yield the legal right-of-way to Plaintiff's vehicle; (f) In failing to maintain proper and adequate observation of the traffic conditions then and there existing; (g) In failing to stop at a red traffic-control signal before entering the intersection of East North Streets, in violation 75 Pa.C.S.A. § 31 12; (h) In failing to exercise the high degree ofcare required of motor vehicle operators when approaching and/or entering an intersection; (i) In failing to operate his motor vehicle at a speed that was sate for existing conditions, in violation of 75 Pa. C.S.A. §3361; and (j) In failing to operate his vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. §3361. 12. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Vittorio Vitale, has suffered serious and permanent personal injuries, including, but not limited to, injuries to his neck, low back, mid back, and headaches. 13. As a result of Defendant's negligence, the Plaintiff, Vittorio Vitale, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 14. As a result of Defendant's negligence, the Plaintiff, Vittorio Vitale, has suffered lost wages and may in the future continue to suffer a loss of income. 15. As a result of Defendant's negligence, the Plaintiff, Vittorio Vitale, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his detriment and loss. 16. As a result of said Defendant's negligence, the Plaintiff, Vittorio Vitale, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 17. As a result of Defendant's negligence, the Plaintiff, Vittorio Vitale, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 18. As a further result of Defendant's negligence, the Plaintiff, Vitorio Vitale, has been compelled to spend money for a rental vehicle while his motor vehicle was being repaired. 19. Plaintiff, Vittorio Vitale, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, the Plaintiff, Vittorio Vitale, seeks damages from Defendant, Chet Amick, in an amount in excess of twenty-five thousand dollars ($25,000.00), and demands a trial by jury. & ROSENBERG Date: Matthew S.1'rosby, Esquire I.D. No. 69367 319 Market Street P.O. Box 1 177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiffs VERIFICATION THE UNDERSIGNED hereby verifies thatthe statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not of my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d), relating to unsworn falsification to authorities. 3? (? r, DATE: ??? - -F-T'I VITTORIO VITALE ?- F,rVITTORIO VITALE, PLAINTIFF V. CHET AMICK, DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-CIVIL-7109 CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Chet Amick, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER Date: OD/q7 By: t6tzua_,,? Matth w R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor F.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 20" day of December, 1999, 1 hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 att ew R. Gover Esquire Dated: IalloM VITTORIO VITALE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-CIVIL-7109 : CIVIL ACTION -AT LAW CHET AMICK, DEFENDANT JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Vittorio Vitale, and his attorney, Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER By: Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 Date: ' ?v (717) 232-9900 VITTORIO VITALE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-CIVIL-7109 : CIVIL ACTION -AT LAW CHET AMICK, DEFENDANT JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendant, Chet Amick, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer: 1.-4. Admitted. 5._11. Denied pursuant to Pa.R.Civ.P. 1029(e). 12.-19. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Chet Amick, respectfully request that the Complaint be dismissed with costs of this action. NEW MATTER 20. Paragraphs 1 through 19 of Defendant's Answer are incorporated herein by reference thereto. 21. Plaintiffs claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Chet Amick, respectfully requests that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER By: 4442/?ct? Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 Date: 7 0 (717) 232-9900 VERIFICATION I, CHET AMICK, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. zu9 y CHET AMICK CERTIFICATE OF SERVICE AND NOW, this -?,_ day, tom, I hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 4gtga? Matthew R. Gover Esquire Dated: VITTORIO VITALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99- 7109 CIVIL CIVIL ACTION - LAW CHET AMICK, JURY TRIAL DEMANDED Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, VITTORIO VITALE, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and replies as follows to the Defendant's New Matter: 20. Paragraph 20 is a paragraph of incorporation and therefore no response is required. 21. Denied. The allegations in Paragraph 21 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's allegations and enter judgment in favor of Plaintiff. Date: l (c) C> Respectfully submitted, HAND HENNING an OS ERG Matthew S. Crosby, Esq. Supreme Court I.D. # 69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff 2 ":J CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, CHET AMICK, by sending a copy of the same to his counsel of record, Matthew R. Gover, Esq., NEALON & GOVER, 301 Market St., 9" Floor, P.O. Box 865, Harrisburg, PA 17108 by United States Mail, regular service, in Harrisburg, Pennsylvania on January 4, 2000. Matthew S. Crosby, Lsq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff ?_ b? DATE: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07109 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VITALE VITTORIO VS AMICK CHET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: AMICK CHET but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within NOTICE & COMPLAINT On December 21st , 1999 , this office was in receipt of the attached return from FRANKLIN - eiS? 1151-11 Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 i``?? Surcharge 8.00 Thomas Kline Dep. Franklin Cc 22.00 Sheriff of Cumberland County .00 57.00 12/21/1999 HANDLER, HENNING & ROSENBERG Sworn and subscribed to before me this /y day of 200o A. D. I-` P rothonotar ?' In The Court of Common Pleas of Cumberland County, Pennsylvania Vittorio Vitale VS. Chet Amick No. 99-7109 Civil Now, 11/24/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereoff, snernlf of Sworn and subscribed before me this _ day of 19 19_, at o'clock M. served the COSTS SERVICE S MILEAGE AFFIDAVIT County, PA «y 3> SHERIFF'S RETURN - REGULAR CASE NO: 1999-07109 T COMMON COUNTYWOFLFRANKLINNNSYLVANIA: VITALE VITTORIO VS. AMICK CHET ROBERT WOLLYUNG , Sheriff or Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn accordingwas served to law, says, the within COMPLAINT the upon AMICK CHET DEFENDANT , at 1300:12 HOURS, on the 6th day of December 1999 at 157 LINCOLN WAY EAST SHERIFF'S OFFICE FRANKLIN CHAMBERSBURG, PA 17201 County, Pennsylvania, by handing to CHET AMICK a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 9.00 Service 9.00 Affidavit 4.00 0 RIISE Surcharge ,$' PAID9?1999 B CO SHERIFF by epu y eri Sworn and subscribed to before me this day of A.D. ary NOTARIAL SEAL A. STRINE, Notary Public [MP:ATR1,nmClA Cbersburg, Franklin County C?;sslon Ex Irea Nnv. 4.2000 VITTORIO VI•I'ALL'• IN •1-111: COUR"r OP CONINION PLEAS Plaintfl' CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-CIVIL-7109 CHET ANUCK' CIVIL ACTION -LAW Delendam JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JA AND NOW. this _ day of February. 2000. 1 herehy certify that I have served the I foregoing Answers to Interrogatories on the lollowing by depositing a true and correct copy of the same in the United States mail, postage prepaid. addressed to: Matthew R. Gover. Esquire NEALON K GOVER 301 Market Street 9"Flow Harrisburg PA 17108 Matthew S. Crosby. Esquire ID# 69367 319 Market Street PO Box 1 177 1larrisburg PA 17108 717-238-2000 Attorneys for Plaintit7' rn ("5 F- ? p 4 ? y _ J z -TJ -2 ?. Q_ VITFORIO VITALE, IN TI IL COURT OF CO\,Iib10N PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-CIVIL-7109 CFIET AMICK• CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE, )' /Jh AND NOW, this / 7 day of'I'ebruaq,. 2000. 1 hereby certify that 1 have scn ed the foregoing Responses to Request for Production of Documents on the following by depositing a true and correct copy of the same in the United Stales mail. postage prepaid, addressed to: Matthew R. Gover. Esquire NEALON &: GOVER 301 il9arkct Street 9"' Floor Harrisburg PA 17108 1%4atthew S. Crosby. I-Squirc ID9 69367 319 Market Street 1' 0 Box 1177 Harrisburg PA 17108 717-238-2000 Attorneys f'or Plaintiff ?, - i' ?? ?? . .. -: .-. ?,, ?, ?.L L'- _. C VITTORIO VITALE. IN'rIlE COURT OF COMMON Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 99-7109 CHET AMICK. CIVIL ACTION - LAW Defendant JURY'IRIAL DEMANDED CERTIFICATE OF SERVICE C?,h AND NOW, this day of March. 2000, 1 hereby certify that 1 have, on this date, served the within Notice of Deposition, by sending a true and correct copy ol'same to the attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: (Chet Amick) Matthew R. Gover. Esquire NEALON & GOVER 301 Market Street. 911' Floor Ilarrisburg PA 17108 I IANDLER. HENNING & ,ROS,ENBE^RG 1 h By: `I}^1/ I cV?il?-/ ?. ( ? Matthew S. Crosby. Esquire ID #69367 319 Markel Street P O Box 1177 I larrisburg PA 17108 (717) 238-2000 Attorneys 1-or Plaintiff a ?' O w r R m)CL F 2 Cpl o O C) U VITTORIO VITALE, PLAINTIFF V. CHET AMICK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-CIVIL-7109 CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, Chet Amick, 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 20 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 that is attached to the Notice of Intent to Serve the Subpoena. DATE: 3/29/00 M (fi 4? C MATTHEW R. GOVER, ESQUIRE ATTORNEY FOR DEFENDANT VITTORIO VITALE, PLAINTIFF V. CHET AMICK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-CIVIL-7109 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Chet Amick, intends to serve Subpoenas identical to the ones that .r r are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made the Subpoenas may be served. Date: 3/3/00 ic?t k 4 „ -Z )9 - sv? Matthew R. Gover, Esquire 1 Attorney for the Defendant 301 MARKET STREET' 9" FLOOR P.O. BOX 865 e' HARRISBU717 2317108 H FAX: (717) 236.9119 ?®ver JAMES G. NEALON. III MATTHEW R. GOVER ATTORNEYS AT LAW BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT March 29, 2000 Erie Insurance Group 4901 Louise Drive - P.O. Box 2013 Mechanicsburg, PA 17055 In Re: Vittorio A. Vitale Social Security* 180-74-6361 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred _ to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please pay. In your t ont you mt for the co tth of preparing the same, which we will promptly p y. and the enclosed Certificate of Compliance. Upon receipt of such photocopies canceled completed Certificate of Compliance by this office, your appearance and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal I+ NEALON & GOVER - Ibjb Enclosures VITTORIO VITALE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-CIVIL-7109 : CIVIL ACTION - AT LAW CHET AMICK, DEFENDANT JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Group - Attention: Theresa Pelson Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. 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: - Matthew R. Gover, Esquire 301 Market Street, 9' Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: )/1/r ?UUC? P OTHONOTARY ^ Seal of the Court ? ?yy?? EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Erie Insurance Group ALL DOCUMENTS INCLUDING BUT NOT LIMITED TO, STATEMENTS, PHOTOGRAPHS, MEDICAL RECORDS, MEDICAL BILLS, PEER REVIEW, REPORTS OR OTHER DOCUMENTS PERTAINING TO A CLAIM MADE BY THE SUBJECT LISTED BELOW AS A RESULT OF AN AUTOMOBILE ACCIDENT THAT OCCURRED. IT IS BELIEVED THAT .THE CLAIM No. Is 010170341286. DATES REQUESTED: Up to and Including the Present SUBJECT: Vittorio A. Vitale SOCIAL SECURITY #: 180-74-6361 DATE OF BIRTH: 11121166 VITTORIO VITALE, PLAINTIFF V. CHET AMICK, DEFENDANT TO: Erie Insurance Group : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-CIVIL-7109 : CIVIL ACTION -AT LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. PURSUANT TO RULE 4009.23 I, Records Custodian for Erie Insurance Group, 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 have been produced. DATE: Records Custodian LAW ealon 301 MARKET STREET • 9" FLOOR P.O. BOX 66S HARRISBURG, PA 17106 17171232.9900 FAX: 17171236-9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED March 29. 2000 CHRISTOPHER J. KNIGHT Anile's Corporation 6 Front Street - Boiling Spring, PA 17007 In Re: Vittorio A. Vitale Social Security #: 180-74-6361 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER /bjb -- Enclosures VITTORIO VITALE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-CIVIL-7109 : CIVIL ACTION - AT LAW CHET AMICK, DEFENDANT JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Anile's Corporation Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon a Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. 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: Matthew R. Gover, Esquire 301 Market Street, 9" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED:) I aoov Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Anile's Corporation Entire personnel file, including but not limited to applications for employment, correspondence, memorandum, health records, workers compensation records, payroll records or other documents pertaining to: DATES REQUESTED: Up to and Including the Present SUBJECT: Vittorio A. Vitale SOCIAL SECURITY M 180-74-6361 DATE OF BIRTH: 11/21/66 VITTORIO VITALE, PLAINTIFF V. CHET AMICK, DEFENDANT TO: Anile's Corporation IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-CIVIL-7109 : CIVIL ACTION - AT LAW 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 I, Records Custodian for Anile's Corporation, 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 DATE: been produced. Records Custodian 4 L. AT Dr. Harold Kretzing Belvedere Medical Center 850 Walnut Bottom Road Carlisle, PA 17013 March 29, 2000 In Re: Vittorio A. Vitale Social Security #: 180-74.0301 Dear Records Custodian: 301 MARKET STREET • 9"' FLOOR P.O. BOX 865 FIARRISIIURG, PA 17108 (717)232.9900 FAX; (717)236.9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure, A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have boon filed, If you would prefer, you may in advance of the doposition date send us photocopies of the records. With such photocopies, please Include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance, Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter Is appreciated. Should there be any questions, please telephone the undersigned at the above number. /bib Enclosures Sincerely, Barbara Baker, Paralegal NEALON & GOVER VITTORIO VITALE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-CIVIL-7109 : CIVIL ACTION - AT LAW CHET AMICK, DEFENDANT JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Harold Kretzing - Belvedere Medical Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9' Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Cer tificate 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: Matthew R. Gover, Esquire 301 Market Street, 9" Floor Harrisburg, PA 17101 717-232.9900 Attorney for Defendant BY THE COURT: DATED: (q,?4 r ? a I+ a OvO Seal of the Court 1 P OTHONOTARY y? + v? EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Dr. Harold Kretzing - Belvedere Medical Center ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Vittorio A. Vitale SOCIAL SECURITY #: 180-74-6361 DATE OF BIRTH: 11121/66 w: ? i VITTORIO VITALE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-CIVIL-7109 : CIVIL ACTION - AT LAW CHET AMICK, DEFENDANT JURY TRIAL DEMANDED NOTICE TO: Dr. Harold Kretzing 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 I, Records Custodian for Dr. Harold Kretzing, 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 have been produced. DATE: Records Custodian CERTIFICATE OF SERVICE AND NOW, this 29th day of March, 2000, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Matthew S. Crosby, Esquire 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 Matthew R. Gover, Esquire 0066-Z£Z(LIL) of I L I Vd'iingsuJrlI 130JIS lua_I yuoN I I hZ luepuaJaC1 JoJ dau1011V L£618 :#'0'I winbs3 `munla-! 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C_ ill u C ?_? U PRAECIPE FOR L.ISTINC CASK FOR TRIAL (Alust he typew'rilten and submitted in duplicate) '1'O'1 HE I'RIYI'1ION(YI': lt1' Of (71,\IItRRt.AND COUNTY: Please list the lollo%%in_ case: 1('hcck ()nel ( N ) Ilur II IRY trial at the next terns ofcivil courl. ( 1 fix trial w'it hour a jlir •. (CAPTION OF CASE.. entire caption must be state in full) (check one) (\) Civil Action - Law ( 1 Appeal front Arbitration 1 ) Viltorio Vitale (other) Plaintiff(s) "Trials commence on July R 2002 The trial list will be called on Jlmc I 1 2002. vs. Chet D. Amick Defendant(s) Prctrials will be held on Juttc_I9.?002 (Brief's are due 5 days pretrial.) ('f'ile party listing this case for trial shall provide forthwith a copy of the Praeeipe to all counsel, pursuant to Local Rule 214.1.) Respectt(dly submitted. No. 99-7109 Civil Indicate the attorne%, \y,lio will try case Ibr the party who files this Praecipe: Andrew C. Lehman. Lsyuire. =4i I North Front, Street. Harrisburg. PA 171 10 Intlicatc trial counsel loo-other parties il'Imown: Matthow S. Crosby. T:Squirc. 1 100 Lim_Icstown Road. Harrisburg. PA 171 10 I'his case is read, lin• triad. 20 NEALON K R 111. Dale: 4_10-QA fly: - _. Andrew C. Lelunan. Gttpiire LU. N: 81937 Allornev for Defendant 2-111 North Prom Street I kxrishur_. PA 17110 (717)'-3-')9(10 Y ?:' ?_ c; u: , ?= ' i _ i ?-??c n -' r_ n, i - p_ t il. c: n.. :?: 7 ? • o r,) . ...,,?'11F W? ?' r? .i ? ?? i ... VITTORIO VITALE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-CIVIL-7109 CHET AMICK, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Notice To Attend on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 't- I day of June, 2002, addressed as follows: Andrew C. Lehman, Esquire NEALON & GOVER 2411 North Front Street Harrisburg, PA 17110 HANDLER, HENNING & Matthew S. Crosby, Esquire Supreme Court ID #69367 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorney for Plaintiff J? ?_ C ` ? F C, j. - ? ?= ;-n c? ;;?j '?2 . `? ;? U VITTORIO VITALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-7109 CIVIL CIVIL ACTION - LAW CHET AMICK, JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER SATISFACTION OFJUDGMENT TO THE PROTHONOTARY: Please enter satisfaction of judgment in the above-captioned action. I, Matthew S. Crosby, Esq., as counsel for the Plaintiff, Vittorio Vitale, hereby acknowledge that I have received payment in the judgment entered against the Defendant, Chet Amick, in full, of debt, interest and costs, and I hereby request, and authorize, the Prothonotary to enter satisfaction in the record. HANDLER HENNI G & ROSENBERG, LLP By Matthew S. Crosby, Esq. I.D.#69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE: Attorneys for Plaintiff Q 5 OZ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, CHET AMICK, by sending a copy of the same to his counsel of record, Andrew C. Lehman, Esq., NEALON 8, GOVER, 2411 North Front St., Harrisburg, PA 17110, by United States Mail, regular service, in Harrisburg, Pennsylvania on September ?- , 2002. HANDL , HE N G ERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 717-238-2000 Attorneys for Plaintiff c. Tt ; it lu r1?i_ i?? V• u. N r