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Home My WebLink About03-6430 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney ill # 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff AMBER DRABENSTADT 2202 I Cedar Run Drive Camp Hill, P A 17011 : IN nm COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 03 - /,43() civ'~l'T~ LINDA S. MARTIER 1705 Kent Road Camp Hill, PA 17011 : CIVIL MATTER - LAW NOTICE TO DEFEND Yon !lave been sued In Court. /fyO" wish to defend against the claims set forth In the foIlowlng pages, Yl>0 most take action within twenty (20) days after this Complaint and notice are setVed. by etlUlring a written _ 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 ifYOll1iti1 to do so the case may proceed without you and ajudgmen.t 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 rAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HA VB A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TIIE OFFICE SET FORlH BELOW TO FIND OUI WHERE YOU CAN GET LEGAL HELP. TIllS OFFICE CAN PROVIDE YOU WI1H TIIE INFORMATION ABOUI HIRING A LAWYER, TIllS OFFICE MAYBE ABLE TO PROVIDE YOU WI1H INFORMATION ABOUI AGENCIES mAT MAY OFFER LEGAL SERVICES TO EUGffiLE PERSONS AT A REDUCED FEB OR NO FEB. ADVlSO Le ban demanado a usted en la corte, Si usted quiere defenderse de estas. demandas expuestas en ]88 paginas siguientes, usted tiene (20) dias de plazo a1 partir de la feeha de 18 denumda y la notificacion. Race faUa asentar una com parencia escrita 0 en persona 0 con Wl abogado y entregar a la corte en fonna escrita su.s defen.sas 0 sus objectiones a !as demandas en contra de so persona. Sea avisado que si usted no se defiende. Ia corte tomara medidas Y puede continuar 1a demanda en contra suya sin previa lIViso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpls con todas las provisiones de esta demanda. Usted puede perder dinero 0 SUB propiedades u otros derencllos Imporlllntes para osted. USlED DEBE LLEVAR ESTE DOCUMENTO A SU ABOOAOO INMEDIATAMENTE. SI USTED NO TIENE ABOOAOO (0 NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGAOO). VA YA EN PERSONA 0 LLAME PaR TELEFONO LA OFlCINA NOMBRADA ABAJO PARA A VERiGUAR OONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFlCINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOOAOO.. SIUSTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOOAOO. ESTA OFlCINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUlSITOS PARA UN HONORARlO REDUCIDO 0 NlNGUN HONORARlO. CUMBERLAND COUNTY BAR ASSOC. 2 LIBERTY A VENUE CARLISLE, P A 170 I3 717-249-3166 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney ID # 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 AMBER DRABENSTADT 2202 I Cedar Run Drive Camp Hill, PA 17011 Attorney for Plaintiff vs. : iN fHE ColiRT OF cOMMoN pLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA ; NO. D:J - t, '-130 LINDA S. MARTIER 1705 Kent Road Camp Hill, P A 17011 : CIVIL MATTER - LAW COMPLAINT 1. Plaintiff Amber Drabenstadt, hereinafter Drabenstadt, is an adult individual who resides at 2202 I Cedar Run Drive, Camp Hill, Pennsylvania 17011. 2. On information and belief, Defendant Linda S. Martier, hereinafter Martier, is an adult individual and, at all times relevant hereto, resided at 1705 Kent Road, Camp Hill, Pennsylvania 17011. 3. On or about December 21,2001 at or about 9:23 p.m., PlaintiffDrabenstadt was a passenger in a motor vehicle operated by Jessica C. Houck and owned by Andrea 1. Bishop which was proceeding Southbound on SR-2018 (Simpson Ferry Road). 4. At said time and place, Defendant Marlier was the operator of a 1989 Toyota Camry traveling Eastbound on SR-8011 off-ramp North. 5. At said time and place, Defendant Marlier, suddenly and without warning, drove through a red traffic signal and collided with the motor vehicle in which PlaintiffDrabenstadt was a passenger. 6. Said collision resulted in injuries and damages to Plaintiff Drabenstadt as set forth herein. 7. Defendant Martier was negligent, careless and negligent per se in the operation of said motor vehicle for the following reasons which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle occupied by PlaintiffDrabenstadt; c. Failure to keep a proper lookout; d. Failure to remain a safe and clear distance away from the vehicle occupied by PlaintiffDrabenstadt; e. Failure to abide by the applicable statutes, rules and regulations of the road including 75 P.S.C.A. 3112 which statute was specifically enacted to protect the class of persons including Plaintiff Drabenstadt from the harm which actually occurred as a result of this collision; f Failure to stop in time to avoid a collision with the vehicle occupied by Plaintiff Drabenstadt; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; I. Operating, steering and controlling said motor vehicle in a careless and negligent manner; J. Failure to avoid the occurrence complained of; k. Failure to observe the roadway and/or the vehicles thereon including the vehicle in which PlaintiffDrabenstadt was a passenger; 1. Failure to remain alert at the wheel; m. Failure to comply with the assured clear distance ahead rule; , n. Operating said vehicle at an inappropriate and/or excessive rate of speed under the circumstances then prevailing; o. Failing to stop for a red traffic signal; p. Entering an intersection when Defendant Martier had no right to do so; and q. Failure to alter her course to avoid a collision with the vehicle in which PlaintiffDrabenstadt was a passenger. 9. As a direct and proximate result of the negligence, carelessness and negligence per se of Defendant Martier and not due to any act or failure to act on the part of Plaintiff Drabenstadt, said PlaintiffDrabenstadt has undergone great pain and suffering and serious injuries and damages including a fracture of the right elbow, fracture of the right hand, injury to her head, neck, back, right leg and right ankle, traumatic anxiety, disfigurement, embarrassment, loss oflife's pleasures, emotional distress, and injuries to her nerves and nervous system, some or all of which are or may be permanent in nature. 10. As a direct and proximate result of the negligence, carelessness and negligence per se of Defendant Martier, PlaintiffDrabenstadt has been in the past, and may continue to be in the future, unable to attend to her usual habits, customs, vocation, and/or enjoyment of life. I I. As a direct and proximate result of the negligence, carelessness and negligence per se of Defendant Martier, PlaintiffDrabenstadt has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings and/or earning capacity. 12. As a direct and proximate result of the negligence, carelessness and negligence per se of Defendant Martier, PlaintiffDrabenstadt has been in the past and/or may be in the future required to undergo medical and medically related treatments and procedures. 13. As a direct and proximate result of the negligence, carelessness and negligence per se of Defendant Martier, PlaintiffDrabenstadt has been in the past and/or may be in the ti.', future, required to spend great sums of money for medical and medically related treatments and procedures as a result of her injuries. 14. PlaintiffDrabenstadt is entitled to recover damages under the full tort option provided by the Motor VerocJe Financial Responsibility Law 75 Pa. C. SA 9 170 I et seq. WHEREFORE, Plaintiff Amber Drabenstadt hereby demands judgment in her favor and against Defendant Linda S. Marlier in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as This Court may deem just and reasonable. Respectfully Submitted, GRAHAM & MAUER, P.C. 1 By: ~, ,'~Wrt d:i4, /lJ!f^ By: ..... (.) ~ ^t lfl ~ \'+- "1 ~ * C> r~ f ~ "F::.. -:cJ ~ fL- :f: J:- ~t' ~;.';-'. ;'.' J'" ~;/ ",.n ='2 (..) (") ~~:'~ :;.. -n:-. . rfi j ~ ~f.. ~ g GRAHAM & MAUER, P,C. By: Ronald M. Graham, Esquire Attorney ill # 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 AMBER DRABENSTADT 2202 I Cedar Run Drive Camp Hill, P A 17011 vs. LINDA S. MARTIER 1705 Kent Road CampHill,PA 17011 TO THE PROTHONOTARY: Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03 -I. i.t30 : CIVll. MATTER - LAW EN1RY OF APPEARANCE CI.c>L~~ Kindly enter the appearance of Ronald M. Graham, Esquire on behalf of the Plaintiff. Date: By: G & MAUER, P.C. " ~ -oi~. 0:"-' ,2..~ >- 71: Ul . -.(,' ~~\~ ~t ~~ -( .;-: c,:, -, ,-i .") :.-.) ....n (,) ':';'1 -< GRAHAM & MAUER, P.c. By: Lisa J. Mauer, Esquire Attorney ID No. 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 ValleyForge,PA 19482 610-933-3333 AMBER DRABENSTADT 2202 I Cedar Run Drive Camp Hill, P A 170 II vs. LINDA S. MARTIER 1705 Kent Road Camp Hill, PA 17011 TO THE PROlHONOTARY: Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA ; NO. 03 -('i/~ C;u~t-r~ : CIVIL MATTER - LAW ENTRY OF APPEARANCE Kindly enter the appearance of Lisa J. Mauer, Esquire on behalf of the Plaintiff. Date: GRAHAM & MAUER, P.C. By: , - .' fjlJjjJ)(. . MaUV ' EfiIn~e Q c :?:" "'"'(){::," nlj' ::::;:'.: 2'1.- U} -~" . r::t_ <- ~~,. :::-':j -< m1 :.n (,.) Jefferson J. Shipman, Esquire 1.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant AMBER DRABENSTADT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW 03-6430 CIVIL TERM LINDA S. MARTIER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jefferson J. Shipman, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel on behalf of Defendant, Linda S. Martier. GOLDBERG, KATZMAN & SHIPMAN, P.C. /"8'-- / ~ . f'/ ,,/~~ /J f erson C'. ShiPma., Esquire ttorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-<161 Attorneys for Defendant, Linda S. Martier DATE: i /7/&71 104809.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on 1/7'( I Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.o. Box 987 Valley Forge, PA 19482 GOLDBERG, KATZMAN & SHIPMAN, P.C. ~~/ f rson J.. S]{ipman, Esquire .D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 104811.1 (') c.'; ~: I , c ._--...; -< r:? f".." <J. ~ '" = = ...- !.~ ...,...... Z I co ~ '::J :1- rn:D r'- :um .!J"" 0"- . A:> :l.:'~; , ) __J ;~~- C) ~:jm ., _.:-.... _:< SHERIFF'S RETURN - REGULAR CASE NO: 2003-06430 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DRABENSTADT AMBER VS MARTIER LINDS S DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MARTIER LINDA S was served upon the DEFENDANT at 1957:00 HOURS, on the 16th day of December, 2003 at 1705 KENT ROAD CAMP HILL, PA 17011 CHUCK MARTIER, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.35 .00 10.00 .00 38.35 Sworn and Subscribed to before me this '7 e"" day of L-~ .;l0Z7y A.D. ( 1"-'fU- t2, ~ iJfuLf ~ry(;honotary So Answers: "'~ .' ~.;Jf;''$;/r 1 R. Thomas Kline 12/17/2003 GRA",:y: ;#~~~ ~~y Sh~;iff- l/ Jefferson J. Shipman, Esquire 1.0. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant P.C. AMBER DRABENSTADT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-6430 CIVIL TERM LINDA S. MARTIER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her counsel, Ronald M. Graham, Esquire The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 You are hereby notified to plead to the New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. /, '- rson J. Shipm n, Esquire torney 1.0. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Linda S. Martier Date, / /;4 ~r: 104814 .1{ , {'" Jefferson J. Shipman, Esquire 1.0. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant P.C. AMBER DRABENSTADT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW 03-6430 CIVIL TERM LINDA S. MARTIER, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendant, Linda S. Martier, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that Ms. Martier drove into the intersection on a red traffic signal and that there was a collision with the vehicle occupied by Plaintiff. The remaining averments of Paragraph No.5 are denied as conclusions of law and fact. 6. Denied. Ms. Martier is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No.6 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied. 7. Denied. The averments contained in Paragraph No.7 and subparagraphs (a) through (q) are conclusions of law and fact to which no response is required. If a respo~se is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in Paragraph No. 9 are, in part, conclusions of law and fact to which no response is required. By way of further response, Ms. Martier is without sufficient knowledge or information to forrn a belief as to the truth of the remaining averments of Paragraph No. 9 relating to Plaintiff's alleged injuries and the same are, therefore, denied. 10. Denied. The averments contained in Paragraph No. 10 are, in part, conclusions of law and fact to which no response is required. By way of further response, Ms. Martier is without sufficient knowledge or information to forn! a belief as to the truth of the remaining averments of Paragraph No. 10 relating to Plaintiff's alleged damages and the same are, therefore, denied. 11. Denied. The averments contained in Paragraph No. 11 are, in part, conclusions of law and fact to which no response is 2 required. After reasonable investigation, Ms. Martier is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 11 relating to Plaintiff's alleged loss of earnings and the same are, therefore, denied. 12. Denied. The averments contained in Paragraph No. 12 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Martier is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 12 relating to Plaintiff's alleged medical treatment and the same are, therefore, denied. 13. Denied. The averments contained in Paragraph No. 13 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Martier is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 13 relating to Plaintiff's alleged expenses for medical treatment and the same are, therefore, denied. 14. Denied. The averments contained in Paragraph No. 14 are conclusions of law to which no response is required. 3 WHEREFORE, the Defendant, Linda S. Martier, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 15. This action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 51701, et ~. 16. Plaintiffs' claims may be limited or barred by the limited tort option pursuant to 75 Pa. C.S.A. 51705, et ~. 17. If it should be found that there was any negligence on the part of the Defendant, Ms. Martier, which negligence is denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 18. The Plaintiff may have assumed the risk of injuries allegedly sustained by her. 19. The accident and any injuries sustained by the Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 4 WHEREFORE, the Defendant, Linda S. Martier, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. t--t.4- //;/k -<cJ.L f erson J. Shi man, Esquire ttorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Linda S. Martier DATE' /f~'i 104814.1 5 VERIFICATION I, Linda S. Martier, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. \~b11(~ 'tl71lf.dze0 Linaa S. Martler Date: 104813.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on t'ffW Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 GOLDBERG, KATZMAN & SHIPMAN, P.C. /4 l ef rson~. Shipman, Esquire 1.D. #: 5-1-785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys :or Defendant 104811.1 f? "-' 0 C._:~l c~ "n ,-, - --< "'l '- -'1" :i;: hi ..r.;.... c.n -.;) ~. r,.) C1 eet GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney ill # 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney fbr Plaintiff AMBER DRABENSTADT Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANlA : NO. 03-6430 vs. LINDA S. MARTIER : CIVIL MATTER - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 15. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions oflaw to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. 16. Denied Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions oflaw to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required Plaintiff specifically denies that her claims are in any way barred or limited by the limited tort option pursuant to 75 Pa. C. SA 1705 et seq. To the contrary, Plaintiff is entitled to a full tort recovery in this matter. 17. Denied. Answering Plaintiff is advised by counsel and, 1therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required Plaintiff specifically denies that Defendant Martier was not negligent with respect to the happening of this incident. To the contrary, Defendant Martier has admitted her negligence in her answer to paragraph number 5 of Plaintiff's Complaint. By way of further answer, it is specifically denied that Defendant's negligence was not a proximate cause of any damages to the Plaintiff. To the contrary, Defendant's admitted negligence was the sole and proximate cause of the damages and injuries claimed by Plaintiff in her Complaint. 18. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions oflaw to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required Plaintiff specifically denies that she assumed any risk whatever of injuries or damages sustained as a result of the negligence of Defendant Martier as alleged in Plaintiff's Complaint. 19. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, ifmatc:rial. To the extent, however, a reply may be required Plaintiff specifically denies that th,~ accident and any injuries sustained by the Plaintiff were or may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. To the contrary, Plaintiffs damages and injuries as claimed in her Complaint were solely and proximately caused by the admitted negligence of Defendant Martier. WHEREFORE, Plaintiff, Amber Drabenstadt, demands judgment in her favor and against Defendant Linda S. Martier together with interest and costs. GRAHAM & MAllER, P.C. By: :E~uire Plaintiff VERlFICA nON I, Amber Drabenstadt, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rAAj)>>ulMl2o~t- Amber Drabenstadt GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney ill # 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff AMBER DRABENSTADT Plaintiff : IN TIffi COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA : NO. 03-6430 vs. LINDA S. MARTIER : CIVIL MATTER .. LAW Defendant CERTIFICATE OF SERVICE ~.. I, RONALD M. GRAHAM, ESQUIRE, hereby certify that on thi~ day of January, 2004, a true and correct copy of Plaintiff Renlv to Defendant's New Matter was sent by first class, postage prepaid US mail to the following: Jefferson 1. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 G By: =;". . , hsqwre o Plaintiff C? ,...., ,- -;.> ~:: ~-: .-1 --;:-'1"- r-;-',:~ '" c."J i ~~ (--- r-" W (-:.. ;"11 -,--, (::"' N (n Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire J.D. No. 51785 30 I Markel Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant AMBER DRABENSTADT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03..6430 CIVIL ACTION - LAW v. LINDA S. MARTIER, JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:22 TO: Lisa J. Maurer, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 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 lest 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: (3) No objection to the subpoenas has been receivEid; the twenty day waiting period for objections was waived; (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. N, DUFFIE, STEWART & WEIDNER "'~OOJ.Sh;P~ Attorney I.D.No. 51785 301 Market Strelst P.O. Box 109 Lemoyne, PA 1'7043-0109 Telephone (717} 761-4540 Attorneys for Defendant Date: 0/ -:J- '8, / ()Lj CERTIFICATE OF SERVICE: I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the ;)D+~ day of JUfl.C , 2004 ;addressed as follows: Lisa J. Maurer, Esquire Graham & Mauer, P,C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 By: Jeffi rson J. Shipman" Esquire Attorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner BY': Jefferson J. Shipman, Esquire !.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys lor Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6430 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMBER DRABENSTADT, v. LINDA S. MARTIER, Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Lisa J. Maurer, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 PLEASE TAKE NOTICE that Defendants intend to serve one 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 records and serve upon the undersigned objections to the subpoenal. If no objections are made, the subpoena may be served. , UFFIE, STEWART & WEIDNER Date: (0 h ) i) 1-/ Je rson 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 DElfendant . By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct CIJPy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, I;ertified postage prepaid, at Lemoyne, t~ - Pennsylvania, on the '1 day of J U II f. , 2004, addressed as follows: Lisa J. Maurer, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 By: UFFIE, STEWART & WEIDNER ~~ Jeff son J. Shipman, Esquire Attorney 1.0. No. 51785 301 Market StreE!t P.O. Box 109 Lemoyne, PA 1i'043-0109 Telephone (717) 761-4540 Attorneys for Defendant 227667 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~mber Drabenstadt, Plain tiff . FileNo. 03-6430 v. Linda S. Martier, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Main Line Models (Name ofperson or Entity) Withio twenty (20) days after service of this subpoena, you are ordered by the court to produce the followiog documents or thiogs: any and all records pertaining to Amber Drabenstadt SSN: 178-64-4882 DOB: 12/1//03 atJohnson. Duffie, Stewart & Wejdner, 301 MIlrkpt St P.O. ROle 109,LemoynePl (Address) 17043-8109 You may deliver or mail legible copies of the documents or produce thiogs requested by this subpoena, together with the certificate of compliance, to the party makiog this request at the address listed above. You have the right to seek io. advance the reasonable cost of prepariog the copies or produciog the thiogs sought. If you fail to produce the documents or thiogs required by this subpoena withio twenty (20) days after its service, the party serviog this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT TIIE REQUEST OF TIIE FOLLOWING PERSON: NAME:Jefferson J. Shipman, Esquire ADDRESS: 301 Market St., F. O. Box 109 Lemoyne, FA 17043-0109 TELEPHONE: 717-761-4540 SUPREMECOURTID# 51785 ATTORNEY FOR: [)pfpndllnt Date: ~11. 'e I..f ).(')Ot..j Seal of the Co\rrt "--- f-) ....., C) c::.:~ C,,) -'1 --,. ~- .-1 -r r'il r ~'rr ." :...,. f" ""i I..j \..0 (-) L -=j C} ._,"' , ; 'J , C,-'") '~j " '" "-, ~ .J:'" :J,] -< .....J .-<.: PRAECIPE FOR USTING CASE FOR TRIAL (Must be typewritten and submitted in duplic:ate) TO THE PROTHONOTARY IOF CUMBERLAND COUNTY Please list the following case: (Check one) I (XX) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) AMBRR. DRABFltSTADT (plaintiff) vs. The trial list w:U.l be called on 2/15/05 and llNDA MARTIER Trials comrence on March. 14, 2005 (Defendant) Pretrials will '04: held on 2/23/05 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) 6430 Civil 03 19_ No. Civil indicate the attorney who will try case for the party who f1les this praecipe: Jefferson J. Shipilan, Esq., .'JOHNSON, DUFFIE, S1'E\lAKI' & WEIDtmR, 301 Market St., Lemo)me, PA, Attorneys for Defendant Indicate trial counsel for other parties if known: Rnn~ 1 ri M r.,.~r.u~m) li!!':cp 1i TP, GT;:!h;vn &: Mauer, The Coomons at Valley R'o~e, S!Jmte 22, P.O. Box 987, Valley Forge, FA 19482 Attorneys for ~ntiff This case is ready for trial. ~' Signed: .4~ Print Name: . JeEferson J. Shipnan Date: lit, /tJ S- f r Attorney for: DefenrlS'l1lt .,.; i'~, ':.........~; (") ~~ 1 ' l.: --., -<. "'-' ,= ~ C- ~ -., -- o -11 :? ._.~1 rl1p n--n ~b9 OC) ~~~{ ~~ ~~ I -.J -0 <i? C) o GRAHAM & MAUER, P.c. By: Ronald M. Graham, Esquire Attorney ill # 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff AMBER DRABENSTADT Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-6430 vs. LINDA S. MARTIER : CIVIL MATTER - LAW Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matted SETTLED, DISCONTINUED AND ENDED. Respectfully Submitted, ,/ Date: :J-/.J- I ./ /J 5 Ronal aham, Esquire G &MAUER,P.C. , By: ~ z:::. ~ ~ \ -" ~ "'" t-'