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HomeMy WebLinkAbout07-6825RICHARD SAULLO, JR. ................................................................. VS. JAMES R. KODLICK, II and MARCIA A. .. ..................... ................. MENIHAN KODLICK ................................................................ To: MMM Prothonotary: In the Court of Common Pleas of LvmnwCounty CUMBERLAND No ........................ Term, 20 9 ? ...... 01-- (,psas C IV-1-T?-m Issue summons in ....Law ......................................................................................... in the above entitle case. Returnable sec. leg. CARLISLE, PA 17013 ...........................................................20 .A7.... ...Al . ...................... ..................... Chris opher B. Slusser, Attorney for Plaintiff Attorney ID No. 78609 P Aft- -3 is o C t ?. W 4J O r- r t m o v0 ? p N ? N A? 76 (D c. b ON W H 00 Ln o 00 $ +h N to N r ; H N cr (D v, o O •? :o W : GU r 0 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Richard Saullo, Jr. Plaintiff Vs. No 07-6825 James R. Kodlick, II and Marcia A. Menihan Kodlick 701 Good Hope Road Mechanicsburg, PA 17055 In CivilAction-Law Defendant To James R. Kodlick, II & Marcia A. Menihan Kodlick„ You are hereby notified that Richard Saullo, JR., the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. /s/ Cic,c?lc.g ?. (SEAL) C rtis R. Long, Proth tary Date 11/09/07 By Deputy Attorney: Christopher B. Slusser, Esquire Name: Address: 1620 North Church Street, Suite 1 Hazleton, PA 18202 Attorney for: Plaintiff Telephone: 570-453-0463 Supreme Court ID No. 78609 SHERIFF'S RETURN - REGULAR w CASE NO: 2007-06825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SAULLO RICHARD JR VS KODLICK JAMES R II ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KODLICK JAMES R II the DEFENDANT , at 1637:00 HOURS, on the 27th day of November-, 2007 at 701 GOOD HOPE ROAD MECHANICSBURG, PA 17055 MARCIA A KODLICK WIFE a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 11.52 . 00 10.00 R. Thomas Kline .00 39.52 11/28/2007 THE SLUSSER LAW F M By. day eputy S er ff A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2007-06825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SAULLO RICHARD JR VS KODLICK JAMES R II ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KODLICK MARIA A MENIHAN the DEFENDANT , at 1637:00 HOURS, on the 27th day of November-, 2007 at 701 GOOD HOPE ROAD MECHANICSBURG, PA 17055 TAf T1 /"PTT T TJr1T1T T!'TI by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharges Sworn and Subscibed to before me this So Answers: 6.00 . .00 00 10.00 R. Thomas Kline .00 16.00 11/28/2007 THE SLUSSER LAW F M By: day e OiTE h riff of A.D. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendants RICHARD SAULLO, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6825 Civil JAMES R. KODLICK, II and CIVIL ACTION - LAW MARCIA A. MENIHAN KODLICK, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendants James R. Kodlick, II and Marcia A. Menihan Kodlick in the above-captioned matter. Respectfully submitted, Date: August 3, 2009 JOHN", DUFFIE, STEWART & WEIDNER Je rson J. Shipman, Esf 1 Att rney I.D. No. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendants I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 3, 2009: Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 JOHNS , DUFFIE, STEWART & WEIDNER J erso J. Shipman, Esquire FILED OF THE PP, ,L- !-'%CTARY 2009 AUG -4 AM 11: 5 J fib; . ; .? G' C UNTY JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com RICHARD SAULLO, JR., Plaintiff V. JAMES R. KODLICK, II and MARCIA A. MENIHAN KODLICK, Defendants TO THE PROTHONOTARY: Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6825 Civil PRAECIPE CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JO ON, DUFFIE, STEWART &WEIDNER B rL4 Z" .4.1 Date: June 15, 2009 Je erson J. Shipman, E quire RULE TO: Plaintiff Richard Saullo, Jr. c/o Christopher B. Slusser, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: 814110? othonotary ote CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 3, 2009: Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 JOHNSON, DUFFIE, STEWART & WEIDNER B L 4JeersorTJ. Shipm n, Esquire CAF THE P' ,'-"TAY 2009 AUG -4 A,111:5-0 THE SLUSSER LAW FIRM BY: CHRISTOPHER B. SLUSSER, ESQUIRE IDENTIFICATION NO. 78609 1620 NORTH CHURCH STREET SUITE I HAZLETON, PA 18202 (570)453-0463 RICHARD SAULLO JR., Plaintiff VS. JAMES R. KODLICK H and MARCIA A. MENIHAN KODLICK, ATTORNEY FOR PLAINTIFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL DEMANDED NO. 07-6825 Civil 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 objection 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PEOPLE AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 1-800-990-9108 717-249-3166 THE SLUSSER LAW FIRM BY: CHRISTOPHER B. SLUSSER, ESQUIRE IDENTIFICATION NO. 78609 ATTORNEY FOR PLAINTIFF 1620 NORTH CHURCH STREET SUITE 1 HAZLETON, PA 18202 (570)453-0463 RICHARD SAULLO JR., Plaintiff VS. JAMES R. KODLICK II and MARCIA A. MENIHAN KODLICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL DEMANDED NO. 07-6825 Civil COMPLAINT AND NOW, comes the Plaintiff, RICHARD SAULLO and in support of his claim against the above-named DEFENDANTS, assert the following: 1. Plaintiff, RICHARD SAULLO JR., is an adult individual residing at 857 North Church Street, Hazleton, Luzerne County, Pennsylvania. 2. Defendant, JAMES R. KODLICK II, is an adult individual residing at 701 Good Hope Rd. Mechanicsburg Cumberland County, Pennsylvania. 3. Defendant, MARCIA A. MENIHAN KODLICK, is an adult individual residing at 701 Good Hope Rd., Mechanicsburg, Cumberland County, Pennsylvania. COUNT I: NEGLIGENCE RICHARD SAULLO JIL v. JAMES R. KODLICK II 4. Plaintiff incorporates herein by reference, the allegations set forth in paragraphs 1 through 3 above, as if set forth herein at length. 5. At all times relevant to this cause of action, PLAINTIFF, RICHARD SAULLO JR., was a rear seat passenger in 1998 Buick Opel vehicle; Pennsylvania License Plate DDE0118 vehicle owned and operated by Richard Saullo, Sr. 6. At all times relevant to this cause of action, DEFENDANT, JAMES R. KODLICK II, was the owner and operator of a 2004 Mercedes Benz vehicle; Pennsylvania License Plate EHJ6507 which he was operating with the full consent of the owner DEFENDANT, MARCIA A. MENIHAN KODLICK. 7. At all times relevant to this cause of action, DEFENDANT, MARCIA A. MENIHAN KODLICK, was the owner of a 2004 Mercedes Benz vehicle; Pennsylvania License Plate EHJ6507. 8. On or about November 22, 2005 at or about 5:30 P.M., the PLAINTIFF, RICHARD SAULLO JR., was traveling east on Market Street in the City of Mechanicsburg, Cumberland County, Pennsylvania. 9. The vehicle operated by the DEFENDANT, JAMES R. KODLICK II, was traveling west on Market Street in the City of Mechanicsburg, Cumberland County Pennsylvania. 10. DEFENDANT, JAMES R. KODLICK II fell asleep at the wheel and crossed the center turn lane and entered the opposing lane of traffic resulting in his vehicle striking the vehicle occupied by PLAINTIFF, RICHARD SAULLO. 2 11. The aforesaid accident and injuries mentioned hereinafter to the PLAINTIFF were caused by the carelessness, recklessness and negligence of the DEFENDANT, JAMES R. KODLICK and due in no manner or fashion whatsoever as a result of the actions and/or inactions of the PLAINTIFF. 12. The carelessness, recklessness and negligence of the DEFENDANT, JAMES R. KODLICK H, consisted of the following, including but not limited to: (a) Failing to exercise proper and adequate control of his vehicle to avoid colliding with traffic legally using the roadway; (b) Operating his vehicle in an unlawful manner in that he drove his vehicle carelessly and recklessly on a roadway where other cars were traveling; (c) Failing to make the necessary and reasonable observations of the roadway ahead, including the location and direction in which the Plaintiff was traveling; (d) Failing to maintain proper and adequate control over his vehicle to avoid striking another vehicle; (e) Failing to operate his vehicle with due regard to the position, rights, and safety of others, who were plainly visible; (f) Operating his vehicle at an excessive rate of speed under the conditions then and there existing and thus striking Plaintiff's vehicle; (g) Failing to stop in time to prevent colliding with the vehicle Plaintiff was operating; (h) Driving inattentively; and 3 (i) Operating his motor vehicle while he was incapable of safely doing so due to his physical condition; to wit, fatigue. (j) Violating the laws of the Commonwealth of Pennsylvania to wit; 75 Pa. C.S.A 3309(1), Driving on Roadways Laned for Traffic and 75 Pa. C.S.A. 3714, Careless Driving making the DEFENDANT JAMES R. KODLICK II, negligent per se. 13. Solely as a result of the carelessness, recklessness and negligence of the DEFENDANT, JAMES R. KODLICK II, as aforesaid, the PLAINTIFF, RICHARD SAULLO, has suffered serious, severe, permanent and disabling injuries including, but not limited to, the following: a. Extrusion at the C5-6 level producing mild to moderate narrowing of the spinal canal and right sided proximal neural foraminal narrowing and mild left-sided proximal neural foraminal narrowing; desiccation of the disc material at the C5-6 level b. cervical neck sprain c. cervical radiculopathy d. neck pain e. bruised chest f. concussion g. nausea and dizziness h. C5-6 disc herniation i. insomnia j. aggravation of prior condition relating to neck and back 4 k. lumbar spine pain 1. right upper leg numbness M. headaches 14. The PLAINTIFF in this Count continues to suffer from the injuries set forth above and the resulting residual conditions therefrom and will, in all likelihood, continue to suffer from said injuries for the remainder of his natural lifetime, and it is, therefore, averred that these injuries are believed to be permanent and disabling. 15. Solely as a result of the aforedescribed accident and resulting injuries and continuing injuries and conditions, the PLAINTIFF in this Count has been and will, for an indefinite period of time in the future, be caused to undergo extensive medical treatment and care commensurate with said injuries and conditions. 16. The PLAINTIFF in this Count requires and will continue to require follow-up visits and treatment for the aforedescribed accident-related injuries and conditions, continuing medications for said injuries and conditions, which treatment and medication it is believed will be required for an indefinite period of time in the future and, in all likelihood, for the remainder of his natural lifetime. 17. Solely as a result of the aforesaid accident, resulting injuries, continuing injuries and conditions, the PLAINTIFF in this Count has been and will for the remainder of his natural lifetime be caused to suffer from the pain, humiliation, discomfort, inconvenience, inability to engage in his normal and usual activities, disruption of his normal and usual social, emotional and physical development, mental anguish and anxiety, depression, loss of life's enjoyments, as well as the usual residual disabilities, conditions and complications associated with the aforedescribed injuries and treatment, and a claim is made therefor. 5 18. Solely as a result of the aforedescribed accident and related injuries, continuing injuries, complications, conditions and treatment, the PLAINTIFF in this Count has been and will, in all likelihood, for the remainder of his natural lifetime, be deprived of the ordinary and usual enjoyments of life, social, familial and recreational and a claim is made therefore. 19. Solely as a result of the aforedescribed accident and resulting injuries, conditions, continuing injuries and treatment, the PLAINTIFF in this Count has been and will be obliged to receive and undergo medical care and attention and has incurred various expenses related to the treatment of his injuries, continuing injuries, complications and conditions, which expenses have not been paid for, and in all likelihood, will be obliged to incur such continuing expenditures for an indefinite period of time into the future and most likely for the remainder of his natural lifetime. 20. That solely as a result of the aforedescribed accident and resulting injuries, continuing injuries, conditions and treatment, the PLAINTIFF in this Count has suffered and will continue to suffer a loss of earnings and impairment of his earning capacity, and a claim is made therefor. WHEREFORE, PLAINTIFF in this Count prays your Honorable Court to grant judgment in his favor and against the DEFENDANT in an amount in excess of $50,000.00 plus interest, costs of suit and delay damages. COUNT II: NEGLIGENT ENTRUSTMENT RICHARD SAULLO JR. v. MARCIA A. MENIHAN KODLICK 21. PLAINTIFF in this Count. incorporates herein by reference Paragraphs 1 through 20 of this Complaint as if the same were more fully set forth herein at length. 6 22. The DEFENDANT in this Count is MARCIA A. MENIHAN KODLICK as previously identified in this Complaint, in Paragraphs 3, 6 and 7, inclusive, which paragraphs are incorporated herein by reference as set forth above. 23. It is believed and therefore averred that the DEFENDANT, MARCIA A. MENIHAN KODLICK, is the owner of the subject vehicle, which was driven by the DEFENDANT, JAMES R. KODLICK II, when he collided with the vehicle in which PLAINTIFF was operating. 24. The DEFENDANT, MARCIA A. MENIHAN KODLICK, knew or should have known that the DEFENDANT, JAMES R. KODLICK, would operate the vehicle in a negligent, careless and reckless manner. 25. The DEFENDANT, MARCIA A. MENIHAN KODLICK, negligently, carelessly and/or recklessly permitted the DEFENDANT, JAMES R. KODLICK, to operate her vehicle on November 22, 2005. 26. The DEFENDANT, MARCIA A. MENIHAN KODLICK, had a duty to prevent drivers, whom she knew or should have known to be negligent, careless and/or reckless, from operating her vehicle. 27. The DEFENDANT, MARCIA A. MENIHAN KODLICK, violated her duty of care to the PLAINTIFF by permitting/allowing JAMES R. KODLICK II to operate her vehicle at the time in question. 28. PLAINTIFF has suffered serious, disabling and permanent personal injury, as described above, as a direct result of the above-described collision. 7 29. PLAINTIFF suffered the aforesaid injuries and other damages as a direct proximate result of the above described carelessness, recklessness and negligence of Defendant, MARCIA A. MENIHAN KODLICK. WHEREFORE, PLAINTIFF in this Count prays your Honorable Court to grant judgment in his favor and against the DEFENDANT in an amount in excess of $50,000.00 plus interest, costs of suit and delay damages. Date: a 4 1,2 Respectfully submitted: THE SLUSSER LAW FIRM BY: 8 CHRISTOPHER B. SLUSSER, ESQUIRE Attorney for Plaintiffs 1620 N. Church Street, Ste. 1 Hazleton, PA 18202 570453-0463 Supr. ID# 78609 VERIFICATION I, Richard Saullo verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties of 18 Pa. C.S.A. 4904 relating to Unworn Falsification to Authorities. Richard Saullo OF 11-1 tl. -, ,.YF?Y 2D 9 AQU G Vii; i CIUM THE SLUSSER LAW FIRM BY: CHRISTOPHER B. SLUSSER, ESQUIRE IDENTIFICATION NO. 78W 1620 NORTH CHURCH STREET SUITE 1 HAZLETON, PA 18202 (570)153-0463 ATTORNEY FOR PLAINTIFF RICHARD SAULLO JR., Plaintiff VS. JAMES R. KODLICK lI and MARCIA A. MENU-IAN KODLICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL DEMANDED NO. 07-6825 Civil CERTIFICATE OF SERVICE I, John M. Solt, do hereby certify that on August 24, 2009, I served a true and correct copy of Plaintiffs Complaint via U.S. mail, first class, postage prepaid upon counsel for the Defendants at the following address: Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-4540 Date: ?f1 y/d _ THE SLUSSER LAW FIRM BY: - / / Zpr. M. So Esquire I.D89146 The S1 ser Law Firm 1620 North Church Street, Suite 1 Hazleton, PA 18202 (570)453-0463 Counsel for ^ FILED-O :tf" OF THEE 2009 AUG 25 AM 11: 3 5 CUM L., ! rN NIT y PEN' ,4lSYN-',J P JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendlajnts RICHARD SAULLO, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6825 Civil JAMES R. KODLICK, II and CIVIL ACTION - LAW MARCIA A. MENIHAN KODLICK, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Richard Saullo, Jr. and his counsel, Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNS DUFFIE, STEWART & WEIDNER By: Date: September 10, 2009 Jef1brd6A`J. Shipmfin, Esquire Attorney I.D. No. 51785 Attorneys for Defendants JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com RICHARD SAULLO, JR., Plaintiff Counsel for Defendants IN THE COURT OF COMMON PLEAOF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6825 Civil JAMES R. KODLICK, II and CIVIL ACTION - LAW MARCIA A. MENIHAN KODLICK, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, James R. Kodlick, II and Marcia A. Menli han Kodlick, by and through their counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner and file the following Answer and New Matter to Plairitliffs Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. COUNT I: NEGLIGENCE RICHARD SAULLO JR. v. JAMES R. KODLICK II 4. Mr. Kodlick incorporates herein by reference the answers to paragraphs 1 through 3 above as though fully set forth herein at length. 5. Denied. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 5, and the same are therefore denied. 6. Admitted. 7. Denied as stated. Mr. and Mrs. Kodlick were co-owners of the vehicle,' 8. Admitted upon information and belief. 9. Admitted. 10. Admitted in part; denied in part. It is admitted only that Mr. Kodlick made contact with the Plaintiffs vehicle. Any remaining averments of paragraph number 10 are denied as stated. 11. Denied. The averments contained in paragraph number 11 ,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. 12. Denied. The averments contained in paragraph number 12 and subparagraphs (a) through Q) 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. (a) Denied. It is specifically denied that Mr. Kodlick failed to exercise pr' per and adequate control of his vehicle to avoid colliding with traffic le lly using the roadway; (b) Denied. It is specifically denied that Mr. Kodlick operated his vehicle in an unlawful manner in that he drove his vehicle carelessly and recklessly on a roadway where other cars were traveling; 2 (c) Denied. It is specifically denied that Mr. Kodlick failed to make the necessary and reasonable observations of the roadway ahead, including the location and direction in which the Plaintiff was traveling; (d) Denied. It is specifically denied that Mr. Kodlick failed to maintain proper and adequate control over his vehicle to avoid striking another vehicle;' (e) Denied. It is specifically denied that Mr. Kodlick failed to operate 'ihis vehicle with due regard to the position, rights, and safety of others, who allegedly were plainly visible; (f) Denied. It is specifically denied that Mr. Kodlick failed to operate ':his vehicle at an excessive rate of speed under the conditions then and there existing and thus striking Plaintiffs vehicle; (g) Denied. It is specifically denied that Mr. Kodlick failed to stop in time to prevent colliding with the vehicle Plaintiff was operating; (h) Denied. It is specifically denied that Mr. Kodlick drove inattentively; (i) Denied. It is specifically denied that Mr. Kodlick operated his motor vehicle while he was incapable of safely doing so due to his physical condition; and Q) Denied. It is specifically denied that Mr. Kodlick violated any laws of the Commonwealth of Pennsylvania. 13. Denied. The averments contained in paragraph number 13 are in ;hart 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. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 13 and subparagraphs a. through m. and the same are therefore denied, and strict proof is demanded at the time of trial. 3 14. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 and the same are therefore denied, and strict proof is demanded at the time of trial. 15. The averments contained in paragraph number 15 are in part 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. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 and the same are therefore denied. 16. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 16 and the same are therefore denied, and strict proof is demanded at the time of trial. 17. The averments contained in paragraph number 17 are in part conclusions of law and fact to which no response is required. If a response is deemed t4' be required, the averments contained therein are specifically denied. After reasonlable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 17 and the same are therefore denied. 4 18. The averments contained in paragraph number 18 are in part conclusions of law and fact to which no response is required. If a response is deemed W be required, the averments contained therein are specifically denied. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 18 and the same 'are therefore denied. 19. The averments contained in paragraph number 19 are in part 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. After reasonolble investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 19 and the same are therefore denied. 20. The averments contained in paragraph number 20 are in part 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. After reasonable investigation, Mr. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 and the same are therefore denied. WHEREFORE, the Defendant, James R. Kodlick, II, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed With prejudice. 5 COUNT II: NEGLIGENCE ENTRUSTMENT RICHARD SAULLO JR. v. MARCIA A. MENIHAN KODLICK 21. Ms. Kodlick incorporates herein by reference the answers to paragraphs 1 through 20 above as though fully set forth herein at length. 22. Ms. Kodlick incorporates herein by reference the answers to paragraphs 3, 6, and 7 above as though fully set forth herein at length. 23. Denied as stated. Ms. Kodlick was a co-owner of the subject vehicle being operated by Mr. Kodlick. 24. Denied. The averments contained in paragraph number 24 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. 25. Denied. The averments contained in paragraph number 25 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. 26. Denied. The averments contained in paragraph number 26 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. 27. Denied. The averments contained in paragraph number 27 are conclusions of law and fact to which no response is required. If a response is deenhed to be required, the averments contained therein are specifically denied. 6 28. Denied. After reasonable investigation, Ms. Kodlick is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 28 and the same are therefore denied. 29. Denied. After reasonable investigation, Ms. Kodlick is without suffiolent knowledge or information to form a belief as to the truth of the averments contained in paragraph number 29 and the same are therefore denied. WHEREFORE, the Defendant, Marcia Menihan Kodlick, respectfully requosts that judgment be entered in her favor and that Plaintiffs Complaint be dismissed ;'with prejudice. NEW MATTER 18. That the Plaintiff has failed to state a cause of action for which relief May be granted. 19. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the lirriited tort option. 20. That if it should be found that the Defendants were negligent, which is denied, then in that event any such negligence was not a proximate cause nor fadtual cause of the Plaintiffs harm. 21. That the Plaintiffs alleged cause of action may have been caused in whole or in part by the negligence of third parties or entities not presently involved in this action. 7 22. That the Plaintiffs alleged cause of action may have been caused by an intervening, superseding cause. 23. That the Plaintiff may have failed to mitigate his injuries and damaged as alleged. 24. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act and by the Plaintiffs own comparative negligence. 25. That the Plaintiff may have been contributorily negligent. 26. That the Plaintiffs own contributory negligence was a substantial factor or factual cause of his own injuries. 27. That the Plaintiff may have assumed the risk of his injuries. 28. That the Plaintiffs alleged injuries may have been pre-existing. WHEREFORE, the Defendants, James R. Kodlick, II and Marcia A. Meniihan Kodlick, respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, JOH , DUFFIE, STEWART & WEIDNER By: .?/ 4 ers I on n J. Shipm , Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: September 10, 2009 Attorneys for Defendants 8 VERIFICATION We, James R. Kodlick, II and Marcia A. Menihan Kodlick have read: the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of our 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; we 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. Date: '010 9 James . odlick, II r Date: g o 9 MIA A. Menihan o lick 376348 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 10, 2009: Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 JOHNSON, DUFFIE, STEWART & WEIDWR By: z?g Je r J. Shipm , Esquire Fl L RE 0 rr1' OF THE' PRCT?. -)TAP 2039 SE P I I P li 1* t, 5 :f THE SLUSSER LAW FIRM BY: CHRISTOPHER B. SLUSSER, ESQUIRE IDENTIFICATION NO. 78609 ATTORNEY FOR PLAINTIFF 1620 NORTH CHURCH STREET SUITE 1 HAZLETON, PA 18202 (570)153-0463 RICHARD SAULLO JR., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL DEMANDED JAMES R. KODLICK II and MARCIA A. MENIHAN KODLICK, Defendants NO. 07-6825 Civil PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, RICHARD SAULLO, by and through his counsel, The Slusser Law Firm and replies to Defendant's New Matter as follows: 18. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 19. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 20. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 21. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 22. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 23. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 24. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 25. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 26. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 27. Denied. The averments contained in this paragraph are conclusions of law to which no responsive pleading is required. 28. Denied. It is specifically denied that Plaintiff's injuries were pre-existing. To the contrary, Plaintiff suffered new injuries as set forth in Plaintiff's original complaint as a result of this accident. WHERFORE, Plaintiff prays that Defendant's New Matter be dismissed and judgment entered in his favor against Defendants. Date: 11(r t-.;, i Respectfully submitted: THE SLJ4SSFF LAW BY: 2 CI-1R49fO15HER B. SLUSSER, ESQUIRE Attorney for Plaintiffs 1620 N. Church Street, Ste. 1 Hazleton, PA 18202 570-453-0463 Supr. ID# 78609 FILE OF TE fir, ?,, x y 2009 SEP 16 Fill 2: 2 THE SLUSSER LAW FIRM BY: CHRISTOPHER B. SLUSSER, ESQUIRE IDENTIFICATION NO. 78609 1620 NORTH CHURCH STREET, SUITE 1 HAZLETON, PA 18202 (570) 453-0463 ATTORNEY FOR PLAINTIFF RICHARD SAULLO, Plaintiff VS. JAMES R. KODLICK, II and MARCIA A. MENIHAN KODLICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NO. 07-6825 CIVIL CERTIFICATE OF SERVICE I, John M. Solt, do hereby certify that on September ?S fl, 2009, I served a true and correct copy of Plaintiff's Reply to New Matter via U.S. mail, first class, postage prepaid upon counsel for the Defendant at the following address: Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043-4540 Date: THE SLUSSER LAW FIRM BY: Z/ Jo M. S9K, Esquire S pr. I.D. #89146 The Slusser Law Firm 1620 North Church Street, Suite 1 Hazleton, PA 18202 (570)453-0463 Counsel for Plaintiff FLU) 0F TH F'. , ; ?'1,",? TARY 2099 SEP 16 PI l 1-': 213 THE SLUSSER LAW FIRM BY: CHRISTOPHER B. SLUSSER, ESQUIRE IDENTIFICATION NO. 78609 ATTORNEY FOR PLAINTIFF 1620 NORTH CHURCH STREET, SUITE 1 HAZLETON, PA 18202 (570) 453-0463 RICHARD SAULLO, Plaintiff VS. JAMES R. KODLICK, R and MARCIA A. MENIHAN KODLICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 07-6825 CIVIL CERTIFICATE OF SERVICE I, John M. Solt, do hereby certify that on November 2, 2009, I served a true and correct copy of Plaintiff's Response to Defendant's Request for Production of Documents and Plaintiff's Answers to Defendants' Interrogatories via U.S. mail, first class, postage prepaid upon counsel for the Defendant at the following address: Jefferson J. Shipman, Esquire Johnson Duffle 301 Market Street PO BOX 109 Lemoyne, PA 17043-4540 Date: THE SLUSSER LAW FIRM BY: / Jo . So Esquire Su r. I.D. 89146 The Slus Nor Law Firm ,620 N Church Street, Suite 1 Hazleton, PA 18202 (570) 453-0463 Counsel for Plaintiff FILED4D r ICE 7 T HIE M, 7? 01ARY 2009 NOY -4 FM 2: 34 V4Jb i " I`J I 1 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com RICHARD SAULLO, JR., Plaintiff V. NO. 07-6825 Civil JAMES R. KODLICK, II and CIVIL ACTION - LAW MARCIA A. MENIHAN KODLICK, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER lit By: L4??? Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: ///36109 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on 11 f 3df Q9 Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 JOHNSON, DUFFIE, STEWART & WEIDNER By: Je rson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendants RICHARD SAULLO, JR., Plaintiff V. JAMES R. KODLICK, II and MARCIA A. MENIHAN KODLICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6825 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Christopher B. Slusser, Esquire 1620 North Church Street, Suite 1 Hazleton, PA 18202 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve seven (7) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: . ? Vefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: / t h16 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on I l? 4 O Christopher B. Slusser, Esquire / / J 1620 North Church Street, Suite 1 Hazleton, PA 18202 JOHNSON, DUFFIE, STEWART & WEIDNER if By: -a Jeffson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard Saullo, Jr., Plaintiff vs. File No. 07-6825 James R. Kodlick, II and Marcia Menihan Kodlick, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Workmen's Insurance Fund (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: All records, reports including medical records, reports, diagnostic test results regarding Claim # 14166410 pertaining to Richard Saullo, Jr., DOB: 5/9/67 SSN:206-60-8958 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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 J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: 0 -:7 - 6A ? 40144 - Pr onotary/Cler . ision Deputy DATE: O Seal f th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard Saullo, Jr., Plaintiff vs. James R. Kodlick, II and Marcia Menihan Kodlick, Defendants File No. 07-6825 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Terrence F. Duffy [?D- Advanced Pain Management Specialists (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: any and all medical records, reports office notes correspondence, diagnostic test results pertaining to Richard Saullo Jr DOB: 5/9167 SSN: 206-60-8958 at Johnson, Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: DATE: !D 3' D Seal f th Court Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendants BY THE COURT: Pr onotary/Cl , vil ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard Saullo, Jr., Plaintiff vs. James R. Kodlick, II and Marcia Menihan Kodlick, Defendants File No. 07-6825 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Howard Cox, M.D. (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: any and all medical records, reports office notes correspondence, diagnostic test results from November 1 2000 through November 30, 2009 Pertaining to Richard Saullo, Jr., DOB: 5/9/67 SSN: 206-60-8958 at Johnson, Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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 J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: /D 3D D Seal f the Court BY THE COURT: - 0- uxel 0 Prot notary/Clerk, ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard Saullo, Jr., Plaintiff vs. James R. Kodlick, II and Marcia Menihan Kodlick, Defendants File No. 07-6825 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Greater Hazleton Health Alliance (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: any and all medical records, reports office notes physical therapy records, correspondence diagnostic test results pertaining to Richard Saullo Jr DOB: 5/9/67 SSN:206-60-8958 at Johnson, Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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 J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: 10/3D/0? Seal f th Court BY THE COURT: ? ?A? Proth otary/Clerk, *'-iii ' ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard Saullo, Jr., Plaintiff vs. James R. Kodlick, II and Marcia Menihan Kodlick, Defendants File No. 07-6825 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Universal Underwriters Insurance (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: All records, reports including medical records reports diagnostic test results regarding Claim # 4200008936 pertaining to Richard Saullo Jr DOB: 5/9/67 SSN: 206-60-8958 at Johnson, Duffie. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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 J. Shipman Esquire ADDRESS: 301 Market Street . Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: /D 3O D? Seal o the Court BY THE COURT: ?' U'tg Proth otary/Clerk i ision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard Saullo, Jr., Plaintiff vs. James R. Kodlick, II and Marcia Menihan Kodlick, Defendants File No. 07-6825 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Mutual Automobile Insurance (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: All records, reports including medical records reports diagnostic test results regarding Claim # 3BK307888 pertaining to Richard Saullo Jr DOB: 5/9/67 SSN:206-60-8958 at Johnson. Duffie. Stewart _& Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: _/O/W/o Seal o the Court Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendants BY THE COURT: Proth otary/Clerk, ivi ion Deputy (Eff. 7/97) Richard Saullo, Jr., Plaintiff vs. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 07-6825 James R. Kodlick, 11 and Marcia Menihan Kodlick, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Progressive Group of Insurance Companies (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: All records, reports including medical records, reports, diagnostic test results regarding Claim # 0120031749345 pertaining to Richard Saullo, Jr., DOB: 5/9/67 SSN:206-60-8958 at Johnson, Duffie, Stewart & Weidner. 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: Pro onotary/C ivision DATE: 10/30/a Seal o the ourt Deputy (Eff.7197) 2c r iv i L ? L) ci 'r THE SLUSSER LAW FIRM BY: JOHN M. SOLT, ESQUIRE IDENTIFICATION NO. 99146 1620 NORTH CHURCH STREET, SUITE 1 HAZLETON, PA 18202 (570) 453-0463 ATTORNEY FOR PLAINITFF 00 Ga ._7 C RICHARD SAULLO, Plaintiff vs. JAMES R. KODLICK, H and MARCIA A. MENIHAN KODLICK, Defendants NO. 07-6825 CIVIL CERTIFICATE OF SERVICE I, John M. Solt, Esquire, do hereby certify that on February / 7 2010, I served a true and correct copy of the Notice of Deposition of James R. Kodlick, R via U.S. mail, first class, postage prepaid upon counsel for Defendant as follows: Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043-4540 Date: - l7 - 1 a BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED THE SLUSSER LAW FIRM Jo M. S ,Esquire upr.I.D #89146 1620 N rth Church Street, Suite 1 Hazleton, PA 18202 (570)453-0463 Counsel for Plaintiff r ? Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendants RICHARD SAULLO, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6825 CIVIL JAMES R. KODLICK, II and CIVIL ACTION - LAW MARCIA A. MENIHAN KODLICK, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. SLUSSER LAW FIRM By: John M. It JOHNSON, DUFFIE, STEWART & WEIDNER Je erson J. ?tr?nainn DISCONTINUANCE CERTIFICATE AND NOW, this 2Skday of , 2010, suit has been marked as above directed. :401566 ROTHO OTARY j CERTIFICATE OF SERVICE AND NOW, this 24th day of May, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John M. Solt, Esquire Slusser Law Firm 1620 North Church Street, Suite 1 Hazleton, PA 18202 JOHNSON, DUFFIE, STEWART & WEIDNER By: Michelle H. Spang er :401566