The URL can be used to link to this page

Home My WebLink About03-6082 F:\FILES\DA T AfILE\General\Documents\ II 046_I.pra21ajt Created: 9/2/03 3,01PM Revised: 11/19f03 11:40AM 9500.294 HERMINE J. FIALA and RICHARD J FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. D3- ~D~~ 1)/ ~/J NO. ~ CIVIL ACTION-LAW ALEn6.NDER D. ZOZOS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against Alexander D. Zozos, Individually, 4 Nita Court, Mechanicsburg, P A 17050, as the Defendant in the above captioned action and forward same to the Sheriff for service. MARTSON DEARDORFF WILLIAMS & OTTO By ~e- \ Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: November 19, 2003 \E1~ ~ .......... ~ cJ' ~ ~, ~ -l ~ '---' \ ~) ~ o-D. j <f\ """ '=" c -0':;" ,~ q:J[',' :"J ~~.., 2" c:;:; ~ 0::,7" ~;'-'" . 5.-.'- @ o a c (,.".' --. l~ n,', ". ,- co -!.i! --, Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS HERMINE J. FIALA and RICHARD J. FIALA, H/W Plaintiff Court of Common Pleas Vs. No. 03-6082 In CivilAction-Law ALEXANDER D. ZOZOS 4 NITA COURT MECHANICSBURG PA 17050 Defendant To ALEXANDER D. ZOZOS: You are hereby notified that HERMINE J. FIALA AND RICHARD J. FIALA, H/W the Plaintiff 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. (SEAL) Date NOVEMBER 19, 2003 CURTIS R. LONG Prothonotary .' I Q . By (\~ H [)r~. o Deputy / U Attorney: Name: ANTHONY T. LUJCIDO, ESQ. Address: MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE PA 17013 Attorney for: Plaintiff Telephone: (717) 243-3341 Supreme Court ill No. 76583 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIALA HERMINE J ET AL VS 2020S ALEXANDER D VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS 2020S ALEXANDER D was served upon the DEFENDANT , at 2056:00 HOURS, on the 9th day of December, 2003 at 4 NITA COURT MECHANICSBURG, PA 17050 DIMITII 2020S, FATHER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.21 .00 10.00 .00 34.21 Sworn and Subscribed to before 13 '-i( day of 02tJzi3 A.D. ary~ ~ So Answers: .r~-~<~~ R. Thomas Kline 12/10/2003 MDW&O d? Deputy ~-- SherMf By: F:\FILES\DA T AflLB\GencraI\Docwnents\ 11 046- Lpra 1/ajt Created: 912/03 3:01PM Revised: ]2/23/03 3:30PM 9500.294 HERMINE J. FIALA and RICHARD J FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6082 CNIL ACTION-LAW ALEDANDER D. ZOZOS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiffs in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTS ON DEARDORFF WILLIAMS & OTTO By Q- e ___ Anthony T. Lucido, Esquire LD. No. 76583 Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: December 23, 2003 , CERTIFICATE OF SERVICE I, Christopher E. Rice, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, certified mail, return receipt requested, addressed as follows: Mr. Alexnder D. Zozos 4 Nita Court Mechanicsburg, P A 17050 MARTS ON DEARDORFF WILLIAMS & OTTO By CL~, L [ fI- Christopher E. Rice Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 23, 2003 o ~~~~ ""'.'\ (;:_::~ c:; C PI C') r,) GJ (') ",1 ::.:.: f;lF"J -rrIT, :,jO i~) r ~:lC) _:~:_~ 3i ~:C::. ". '.-0' r'.:;; ..'."'; F: \FILES\DA T AFILE\GeneraJ\Docwnents\ 1 ] 046_ Loom Created: l1fOSI0109:49:S3AM Revised: 12123/03 03:46:20 PM 11046.1 HERMINE J. FIALA and RICHARD J FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6082 CIVIL ACTION-LAW ALEXANDER D. ZOZOS, Defendant JURY TRIAL OF TWELVE DEMANDED 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By (1: () Anthony T. Lucido, Esquire LD. No. 76583 Ten East High Street Carlisle, P A 17013 (717) 243-3341 December 2) , 2003 Attorneys for Plaintiff HERMINE J. FIALA and RICHARD J FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6082 CIVIL ACTION-LAW ALEXANDER D. ZOZOS, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiffs, Hermine J. Fiala and Richard J. Fiala, by and through their attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby aver as follows: I. Plaintiffs, Hermine J. Fiala and Richard J. Fiala, are adult individuals residing at 209 Petticoat Lane, East Haddan, Connecticut 06423. 2. Defendant, Alexander D. Zozos, is an adult individual residing at 4 Nita Court, Mechanicsburg, P A 17050. 3. On or about December 27,200 I, Plaintiff Richard was operating Plaintiff Hermine' s 2000 Buick LeSabre and traveling West on State Road 114, in Cumberland County, Pennsylvania. 4. On or about December 27,2001, Plaintiff Hermine was traveling as a passenger in her car and was seated in the front right passenger's seat. 5. On or about December 27,2001, Defendant was operating his parents' (Dimitri and Pauline Zozos) 1994 Honda Civic and traveling East on State Road 114, in Cumberland County, Pennsylvania. 6. As Plaintiff Richard approached the intersection of the on and off ramp for Interstate 81 North, the traffic light was green and he proceeded straight on State Road 114. 7. Defendant was traveling towards Plaintiffs and had entered the left hand turning lane. 8. As Plaintiffs proceeded through the intersection, Defendant negligently and recklessly turned directly into Plaintiff Hermine's vehicle. 9. The aforementioned negligence, recklessness, and carelessness of Defendant consisted of, among other things, the following: a. failure to operate his vehicle in such a manner as to avoid striking Plaintiffs vehicle; b. failure to keep his vehicle under proper control; c. failure to yield to oncoming traffic when turning left; d. driving his vehicle in a reckless and careless manner; and e. failure to exercise reasonable care in the operation and control of his vehicle. 10. This accident occurred as a result of Defendant's negligence and was due in no manner to any act, or failure to act, on the part of Plaintiffs 11. As a result of Defendant's negligence, Plaintiff Hermine sustained serious bodily injury and continues to suffer from these injuries, as described, in part, as follows: a. fractured sternum; b. sever bruising on both knees; c. severe strain and sprain of the muscles, tendons and ligaments and other connective tissues at or about the right knee; d. shock to the nerves and nervous system; and e. mental and physical anguish. 12. As a result of Defendant's negligence, Plaintiff Richard sustained serious bodily injury and continues to suffer from these injuries, as described, in part, as follows: a. severe strain of his neck; b. severe strain and pain on his left side; c. shock to the nerves and nervous system; and d. mental and physical anguish. 13. As a direct and proximate result of Defendant's negligence, carelessness and recklessness, Plaintiffs suffered injuries and damages which include, but are not limited to, the following: a. past, present and future pain and suffering; b. loss oflife's pleasures and the ability to perform life's daily tasks; and c. medical expenses. WHEREFORE, Plaintiffs demand judgment against Defendant for damages in excess of the mandatory arbitration limits, plus interest and costs as allowed by law. MARTS ON DEARDORFF WILLIAMS & OTTO By Q:-. 0---:--.. Anthony T. Lucido, Esquire J.D. No. 76583 Ten East High Street Carlisle, P A 17013 (717) 243-3341 December .;;;, , 2003 Attorneys for Plaintiff VERIFICATION Anthony T. Lucido, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~rJ- .- Anthony T. Lucido CERTIFICATE OF SERVICE I, Christopher E. Rice, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, P A, certified mail, return receipt requested, addressed as follows: Mr. Alexnder D. Zozos 4 Nita Court Mechanicsburg, P A 17050 MARTS ON DEARDORFF WILLIAMS & OTTO By ~!r- 5 ~ Christopher E. Rice Ten East High Street Carlisle, P A 17013 717-243-3341 Cl C_ ~-, c::.. C",,, ,-~ o ':'il :.-.=.! r-'il-:!"1 c- ---rf;r C~-) (, C'.:l I I ,-.', :',) c) -. :'j ;--.-\ F:\FILES\DA T AFILE\General\Documents\ 11 046-I.pra3/ajt Created: 912103 3:01PM Revised: 1/9/04 9:56AM 9500.294 HERMINE J. FIALA and RICHARD J FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03- foOfd-.. CIVIL ACTION-LAW ALEDANDER D. ZOZOS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please attach the supplemental Verification to Plaintiffs' Complaint in the above-referenced matter. MARTSON DEARDORFF WILLIAMS & OTTO By Q,;--'a-~- Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: January 9,2004 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language ofthis Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. {I 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. ;~~ o ~; -;gn~ ~~',r (f) ~'- _/ ~.i,~-~. .Z~' ~f~ ~ --I -<. r--> = => ~ <- :r;po :z: I U) o -n -l --r fi"i:n -n f;; .;"9 S:-~O ~c =fi ("")-..,,- ~(-) (~m ~.-\ ~ -< -v :)J: '-" I.D -tECt:i ,;.:1. JAM 07 2004 1\/\ 0 \M r John R. Ninosky, Esquire Attorney 1.0. No. 78000 GOLDIlBRG, KIl.TZJIlIN , SHIPNAH, P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant HERMINE J. FIALA and RICHARD J. FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 03-6082 ALEXANDER D. ZOZOS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-referenced matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. B*N~~~:~e Attorney I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant ~~~~: I/J~ /0 'f CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United states Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on 1/16 , 2004: Anthony T. Lucido, Esquire Marston, Deardorff, Williams & otto Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~ fltJJ~ Joh R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant Date: 105644.1 (~ ;;.^! , , '" ("'~:~ ,,;::.. -"--- r_.. :--;:1 I"~ ~ ~,_:. .. r..' -.,1 j'-.) ( _.,~ c,", Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire l.D. No. 78000 l' 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 HERMINE J. FIALA and RICHARD J. FIALA, HMJ, Plaintiffs v. ALEXANDER ZOZOS, Defendant TO THE PROTHONOTARY: Attorneys for Defendant Zozos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03.6082 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly change the docket to reflect the new address of DElfendant, Alexander Zozos', Counsel as follows: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 e-mail: jrn@jdsw.com Date: /.. I, I. :230750. fV fir, lbr Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: "~~ ...L Joh . Ninosky, ESqUireyr,:;/ Attorney 1.0. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jrn@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly sElrved upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ /ICf!IJ'j Anthony T. Lucido, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By ~ Jt,(Jlu~~ Joh R. Ninosky, Esquire I.D. #: 78000 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant :230752.1 :229674 227666-1 . (") ~ c = 0 C.:,:t _. ..c- o, ;e n L ....j :.; c: :c ~ ril~ ~-!J . -onl r-' -.J :-uy :;~ ~~~C.l .,;;.' . .." ..,...~ > C =:I: f~2 ~~~ {.- ':";) qlTI --~ ::~::j -< c:> > __J W -< Jobnson, Duffie, Ste",a~ & Weidner By: John R. NinOsky, EsC\Ulre I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 HERMINE J. flAlA and RICHARD J. fiAlA, HfIN, Plaintiffs v. ALEXANDER ZOZOS, Defendant Attorney!, for Defendant Zozos IN 'iHE COURT Of COMMON PLEAS Of CUMBERlAND COUNT'<, PENNS'(LVANIA NO. 03-6082 CIVIL CIVIL ACTION _lAW JUR'( TRIAL DEMANDED ~EW MAnER NOTIC.!;;. TO: Anthony T. Lucido, Esquire Martson, Deardorff, Williams & otto Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiffs Yoo th" ,,,,,bY ""... to p'''' to tho _"" NOW.....' with'" \W'''.' (20) ,.y' ,,om the ,~. service. Date: ~ II~ In" :230757.1 I' (0 I JOHNSON, DUffiE, STEWART & WEIDNER "'J~1k.~ Attorne,y 1.0. No. 78000 301 Market Street P.O. BoX 109 Lemollne, PA 17043-0109 Telephone (717) 761-4540 Email: jrn@idsw.com Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D.No.78000 301 Market Street P. O.Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant lozos HERMINE J. FIALA and RICHARD J. FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 03-60:32 ALEXANDER D. ZOZOS, " Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Alexander D. Zozos, by and through his counsel, Johnson, Duffie, Stewart & Weidner, who files this Answer With New Matter to the Plaintiffs' Complaint by respectfully stating the following: " 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph No. 1 and the same are, therefore denied. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 3 and the same are, therefore denied. 4. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 4 and the same are, therefore denied. 5. Admi tted. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. 7. Admitted. 8. Denied. The averments contained in Paragraph 8 are denied pursuant to 1029(e). 9. Denied. The averments contained in Paragraph 9, including subparagraphs (al through (e) a:ce denied pursuant to 1029 (e) . 10. Denied. The averments contained in Paragraph 10 are denied pursuant to 1029(e). 11. Denied. The averments contained in Paragraph 11, including subparagraphs (a) through (e) are denied pursuant to 1029 (e) . 12. Denied. The averments contained in Paragraph 12, including subparagraphs (a) through (d) are denied pursuant to 1029 (e) . 2 13. Denied. The averments contained in Paragraph 13, including subparagraphs (a) through (c) are denied pursuant to 1029(e). WHEREFORE, the Defendant respectfully requests that Plaintiffs' Complaint be dismissed and that judgment be entered in his favor. NEW laTTER 14. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 15. This action may be barred by the applicable Statute of Limitations. 16. That the accident and any injuries sustained by the Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 17. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 18. That this accident may have been unavoidable. 19. That if the Plaintiffs suffered the injuries alleged in their Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiffs, and to recover in this 3 action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 20. Plaintiffs may have assumed the risk of their alleged injuries. WHEREFORE, the Defendant respectfully requests that Plaintiffs' Complaint be dismissed and that judgment be entered in his favor. " JOHNSON, DUFFIE, STEWART & WEIDNER ~~ By: ~ Joh . Ninosky, squire . Attorney 1.0. No. '78000 301 Market Streell P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) ~,61-4540 Email: jrn@jdsw.l~om Attorneys for Defelndant 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly sl3rved upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ~CI((J'I Anthony T. Lucido, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER :230752.1 By k~~ John . Ninosky, Esquire I.D. : 78000 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant :229674 227666-1 (") '" C e::.~ (") = ~. .~~ J..- ." ti-; c... :=r' c: ;J:: hi:=! r- -on: --J :iJ9 .,., ~i() -'1-- -',.. f~i:~ >'! ,...,) ...1 <:.: -< CO -'-' 1.0 .<.: F :\FILES\DA T AFILE\General\Current\ 11 046-lrnmllljt Created: 9/2103 3:01PM Revised: 6125/04 10:08AM 11046.1 HERMINE J. FIALA and RICHARD J FIALA, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 6082 CIVIL v. CIVIL ACTION-LAW ALEXANDER D. ZOZOS, Defendant JURY TRIAL OF TWELVE DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, HERMINE J. FIALA !md RICHARD J. FIALA, by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and respond to Defendant's New Matter, and in support thereof, aver as follows: 14-17. Denied as conclusions oflaw. 18. Denied as a conclusion of law. By way of further response, Defendant is solely responsible for the accident and Plaintiffs could not have avoided the collision. 19-20. Denied as conclusions oflaw. WHEREFORE, Plaintiffs demand judgment against Defendant for damages in excess of the mandatory arbitration limits, plus interest and costs as allowed by law. MARTSON DEARDORFF WILLIAMS & OTTO By Cf /...l...- r~ L Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: June 25, 2004 CERTIFICATE OF SERVICI~ I, Christopher E. Rice, hereby certify that a copy of the foregoing Response to New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, addressed as follows: John R. Ninosky, Esquire JOHNSON, DUFFIE, STEWARD & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 MARTSON DEARDORFF WILLIAMS & OTTO By Ck~'L ~,p Christopher E. Rice Ten East High Street Carlisle, P A 17013 717-243-3341 Dated: June 25, 2004 ..!-:~- ,- >0 '" .::.~::;. = ..c- '- c::,~:. ~.".,~ o .,.., ::;:! m:!J r-- -nl'"n t~T :;jS,~ ,-)::1 ;.:,. C"") C-:;;I'""T1 ...-~{ r-., Ul :::~ -."- ~- :':2 Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire J.D. No. 78000 30 I Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant HERMINE J. FIALA and RICHARD J. FIALA, HIW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6082 CIVIL v. ALEXANDER ZOZOS, CIVIL ACTION - LAW Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2~t 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 a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) There is no objection to the subpoena and the twenty day rule has been waived, therefore there is no delay in serving the subpoena; (4) A copy of a facsimile transmission from Plaintiff's attorneys, confirming that the twenty day waiting periOd has been waived, is attached to this Certificate; and (5) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Clf_ I(. A!~ ~10SkY, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: 'f/~()J~~ 09/16/2004 16:32 71 72431807 MDWO PAGE 01/01 Ml5W&:6 _'AllVIa._ ATTORNEYS & COUNSElLORS AT LAW WlWAMF.MARTSON JOlIN B. FOWLER ill Bow AlU) L. SCHORPP DANmLK. DEAl\DORFF THOMAS 1. WILLIAMS. IvoV.OrroID GSOllOB B. FAlLER JR- CARl. C. RIscH DA vm A. FI1'ZSlMONS DAVlDR GALLOWAY ANTHONY T. LUClDO OnuSTOPHER E. RrCE JENNlFER 1. SPEARS "'Bo^~ CU.TIPlBD C'VJL TJJAL. Sne....usT 'Il!NEAST HIGH STRl!BT CARLISLE, PENNSYLVANIA 17013 'tELEPHONE (717)243-3341 FACSIMILE (717)243-1850 INTERNET WWW.mdwo.com lfACSIMll&..TRANSMIBSION TO : Ms. Susan M. Ladeda FAX: 717-761-3015 FROM: Anthony T. Lucido, Esquire FAX: 717-243-1850 DATE: September 16, 2004 PAGES: 1 (including this sheet) RE: Fiala v. Zozos This will confirm that we are waiving the tvvelllty day waiting period for your subpoena to West Shore EMS. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF :;IJ:'~IVlDUAL OR ENTITY TO WHICH IT IS ADDRESSED. AND MAYCONTAIN.lNFORMATION T 'S RlVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER .4.PPLlCABLE UW IF THE REAIJER OF THIS MESSAGE IS NOTTHElNTENDEDRECIPIENT, OR THEEMPLOYEE ORAGENT li'ESPONSIBLEFORDELlVERlNO THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HA. VE lIECEIVED THIS COMMUNlCA110N IN ERROR, PLEASE NOTIFY US IMMEDIATELY BYTELEPHONE (COLLECT), ANDRETURNTHE ORrOINALMESSAGETO USATTHE ABOVE ADDRIi:ss VIA THE u.s. POSTAL SERVICE (WE WlLLREl.MllURSE POSTAGE). THANK you. Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 30 I Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant HERMINE J. FIALA and RICHARD J. FIALA, HIW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6082 CIVIL v. ALEXANDER ZOZ08, CIVIL ACTION - LAW Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Hermine J. Fiala and Anthony T. Lucido, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undemigned an objection to the subpoena. If no objection is made, the subpoena may be sen/ed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: ff/ g I ()~ By: ~jl f( A!,~ ~inoSkY, Esquire Attorney 1.0. No. 78000 301 Markelt Street P.O. Box '109 Lemoyne, PA 17043-0109 Telephone, (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - HERMINE J. FIALA and RICHARD J. FIALA, HMJ, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6082 CIVIL vs. ALEXANDER ZOZOS CIVIL ACTION .. LAW TO: West Shore EMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you alre ordered by the court to produce the following documents or things: any and all medical records correisoondence. reoorts and diaonostic test results ertainin to Hermine J. Fiala DOB: 1117/29' SS#: 089-22-3979). at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemovne, 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 Dr 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. NAME: ADDRESS: THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE: SUPREME COURT 10 #: John R. Ninoskv, Esouire . 301 Market Street Lemovne PA 17043 717-761-4540 78000 BY THE COURT: DATE: flu;; .":?It .:J.CJn'/ Seal the ourt '--- LZI7"IJ9.7f0'l~Y'_~ Deputy (Eff 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 1 f.h day of Sur/-, h1h-t r , ,2004. Anthony T. Lucido, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By JO~""~ E~~ Attorney 1.0. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA. 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the Pl-oth day of So f~ nJJU , 2004. Anthony T. Lucido, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~L. {( A!~ ~nOSkY, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, IDA 17043-0109 Telephone (717) 761-4540 Attorneys f,or Defendant ~> () ,-' c . . .' ~.:~ .....n (,~ ...~ ~- r-I; i ~ \ "'U T'..' r,-' , c' 0\ .- v. IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6082 CIVIL HERMINE J. FIALA and RICHARD J. FIALA, h/w Plaintiffs, ALEXANDER ZOZOS, Defendant. RULE 1312-1. The Petition for Appointment of Arbitrators shall be sub~ltantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO mE HONORABLE, THE JUDGES OF SAID COURT: Georl'\e B. Faller, Jr., Esquire . counsel for the plaintiffN.l.TY6ftfin the above action (or actions), respectfully repr:esents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the aclion is$ not in excess of. $35,000.00 The counterclaim of the defendant in the action is The follOWing attorneys ate interested in the case(s) as counselor are otherwislO disqualified to sit as lllbitrators: John R. Ninosky, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) atbitrators to whom the c;a.,e shall be submitted. AND NOW, , 19_. in consideration of the Esq., , Esq.. are appointed arbitrators in the above captioned action (or foregoing petition, Esq.. and actions) as prayed for. By the Court, P.l, ..., Q. ~ = 5\ 0 .-\ ~ ~ C-, :;t:--n ~ ..-\ f\'F I _,.,tn -"10 - -l ~(2 (::; - 11\, -0 ~c.,~ -r, " 0-, .. ;,"~\:rl -'1:'- :.t.~ .... ""' ...... '^ ~ '!\ t:? S . '" 'e ::-.-2 :s ...., <J1 c::> :-<:; - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6082 CIVIL HERMINE J. FIALA and RICHARD J. FIALA, h/w Plaintiffs, ALEXANDER ZOZOS, Defendant. RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the fOllowing fonn: PETITION FOR AI"POINTMENT OF ARBITRATORS TO THE HONORABLE, 11IE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire ,counsel for the plaintiffM&l'l.ftlQIfin the above action (or actions), respectfully repoosents that: I. The abov....captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ uot in excess of. $35,000.00 The counterclaim of the defendant in the aClion is The following attorneys are interestcd in the case(s) as counselor are otherwise disqualified to sit as arbitrators: John R. Ninosky, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, U~btUv /1 fw,,,,,". ",;,;';'", "34 Jhj, t:f; :u Esq..and ~/~I/u <<3 actions) as p yed for. ~ ' , G r Counsel ORDER OF COURT ~"~A C/. . . ,~, In conSIderatIOn of the Esq.,&-'l? ~y~ tI , Esq., are appointed arbitrators in the above captioned action (or .,..~ P.l. ~~ ~ 0 '" "'" ~ ,,~,. ,= <0. ;;: , en f0 a :-l ft co.) :;t:-" -/ Ill[=-' "- , ~)8 ~ <1-\ _J "}i~' "', ~ '" '" :::? --.l S -.';', 2!5 fl1 ~ '>? e .", Ul ,2.)0. .Ie;} co '"" 2Z : 111,111 II 1JO SOUZ ,'-'',, 1"\"-1 I 'Yi,4 :JHl .:10 AU'lL.."i,......., ,.1,"'''''''''' ..J :iJI:LiOmll:l HERMINE J. FIALA AND RICHARD J. FIALA, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALEXANDER ZOZOS, DEFENDANT 03-6082 CIVil TERM ORDER OF COURT AND NOW, this -;;z. ~ - day of December, 2005, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Bradley L. Griffie, Esquire, Chairman, shall be paid the sum of $50.00. By ~h~~C9urt;/...;?:/ ./ . ././ "- :;f',,/'"j"'/ Bradley l. Griffie, Esquire f ;) _. ) J - tJ S Court Administrator (l.~ /1v--tL~Le L ~- :sal 1'- ^ i:-' -TO SS:llH'1 zz:nOSGGZ Au'vl0i\;'..); LiJ~.\:k.! 3Hl .:10 ::]J~:.J~,IC}{.1:nl:1 George B. Faller, Jr., Esquire 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 Attorneys for Plaintiffs HERMINE J. FIALA and RICHARD J. FIALA, HfW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6082 CIVIL v. CIVIL ACTION - LAW ALEXANDER ZOZOS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket SETTLED and DISCONTINUED with prejudice. Respectfully submitted, MARTSO~7f~~\'AMS & OTTO By: :- /');;: ! /;ik~ George 8'. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Telephone (717) 243-3341 Attorneys for Plaintiffs Date: :230750.2 c__ () '[1 - f:;' ,,0