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HomeMy WebLinkAbout08-0174ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DIANE SMITH, Plaintiff V. SHAWN MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0%- 1114 Civtl _Terrm CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 344845 01P, / 61/V41 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 S. Bedford St., Carlisle, PA 17013 TELEPHONE 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 TELEFONO 717-249-3166 344845 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DIANE SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. SHAWN MILLER, Defendant NO. 0P- I7y ? -7r; CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Diane Smith is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Enola, Cumberland County, Pennsylvania. 2. Defendant Shawn Miller is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 460 Vermont Avenue, Burnham, Mifflin County, Pennsylvania, 17009. 3. The facts and occurrences hereinafter related took place on or about August 31, 2006, at 2:25p.m. on Interstate 81 North near the onramp from Enola in the right lane, just west of the George Wade Bridge in Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Diane Smith was a passenger in the front seat of Walter Matkowski's 1998 Toyota Camry. 5. Mr. Matkowski was traveling on the ramp to the George Wade Bridge of Interstate 81 North. The vehicle in front of Mr. Matkowski came to a complete stop. Thereafter, the vehicle in front of Mr. Matkowski merged onto Interstate 81. 6. Mr. Matkowski's vehicle was stopped waiting to merge onto Interstate 81. 344845 7. At that same time and place, Defendant Shawn Miller, driving a 2004 Dodge Ram 1500, failed to realize that the traffic in front of him had come to a stop and caused the front of his vehicle to collide into the rear of Mr. Matkowski's stopped vehicle. 8. Plaintiff Diane Smith had a cane between her legs in the front seat that was violently pushed into her abdomen. 9. The foregoing accident and all of the injuries and damages set forth herein sustained by Plaintiff Diane Smith are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Shawn Miller operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of motor vehicles in front of him; C. failure to apply his brakes in sufficient time to avoid striking the rear of Walter Matkowski's vehicle; and d. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. Plaintiff Diane Smith sustained painful and severe injuries, which include but are not limited to nausea, chronic neck pain, an aggravation of pre-existing Bartters Syndrome, an aggravation of her pre-existing pancreatitis, post-traumatic cervicothoracic sprain and strain, 344845 2 right shoulder strain, post-traumatic aggravation of cervical spondylosis, right C5 radiculopathy, and a significant disc herniation at the C4-C5 level. 11. As a result of the aforementioned injuries, Plaintiff Diane Smith has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 12. As a result of the aforementioned injuries, Plaintiff Diane Smith was forced to incur liability for medical treatment, medication, hospital treatment, and may face cervical spine surgery in an effort to restore herself to health, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Diane Smith has been advised and therefore aver that she may be forced to incur similar expenses, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Diane Smith has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. WHEREFORE, Plaintiff Diane Smith demands judgment against Defendant Shawn Miller in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. David t. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: ?r 344845 3 VERIFICATION I, Diane Smith, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: Diane Smith Dated: J' A I o 7 344845 1 ' C- :1 t ,+ cx? ?C C ? 1 ? r , `•1 o -:. 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF VS. SHAWN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Shawn Miller. The Defendant reserves the right to otherwise plead in this matter. Date: January 25, 2008 Respectfully submitted, L OFFICE OF SNYD R,& BA Did R. Dorer, Esquire ( Attorney for Defendant, Shawn Miller Identification No. 39126 i\J GJ `0 cl 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHAWN MILLER, DEFENDANT No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. By way of further statement, Defendant, Shawn Miller, is an adult individual and citizen of the Commonwealth of Pennsylvania residing at 14 North Wayne Street, Apt. D, Lewistown, Mifflin County, Pennsylvania 17044. 3. Denied. Paragraph 3 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 4. Admitted. 5. -14. Denied. Paragraphs 5 through 14 of Plaintiff's Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, Defendant, Shawn Miller, respectfully requests your Honorable Court to dismiss the Plaintiff s Complaint with prejudice. NEW MATTER 15. Paragraphs 1 through 14 are incorporated herein by reference, and made a part hereof as if set forth in full. 16. The Plaintiff's claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. § 1705. 17. The Plaintiff's claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Shawn Miller, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, ER & DORER Date: January 28, 2008 By: llbrfald R. Dorer, Esquire Attorney for Defendant Identification No. 39126 2 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF VS. SHAWN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Shawn Miller in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. r !r , f 1 Date: January 28, 2008 Donald R. Dorer, Esquire Attorney for Defendant, Shawn Miller Identification No. 39126 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHAWN MILLER, DEFENDANT No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Date: January 28, 2008 Donald R. Dorer, Esquire Attorney for Defendant rn ` ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DIANE SMITH, Plaintiff V. SHAWN MILLER, Defendant TO: Donald Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Counsel for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-174 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUESTS FOR ADMISSIONS DIRECTED TO DEFENDANT - SET I Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 375551 1 I . Do you admit that you were involved in a motor vehicle collision on August 31, 2006, on Interstate $l, near the on-ramp from Enola, in the right lane, just west of the George Wade Bridge in Cumberland County, Pennsylvania? Admit Deny 375551 2 2. Do you admit that before the subject motor vehicle accident, you were operating a 2004 Dodge Ram 1500, traveling on a ramp to the George Wade Bridge of Interstate 81 North? Admit Deny 375551 3. Do you admit that the front of your 2004 Dodge Ram collided into the rear of a 1998 Toyota Camry that was stopped? Admit Date: January 30 , 2008 Deny ANGINO & ROVNER, P.C. a m W . Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 375551 4 CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the Requests for Admissions - Set I upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Defendant Dated: January 30 , 2008 Kathy A. oney 375551 5 Y W cats 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF VS. SHAWN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer to Complaint with New Matter, for the attorney's Verification that had been filed with the Court on or about January 29, 2008. Respectfully submitted, Date: February 4, 2008 LAW OFFICE OF SNYDER & DORER By: Donald R. Dorer, Esquire Attorney for Defendant, Shawn Miller Identification No. 39126 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF VS. SHAWN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Shawn Miller verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: 'Umt-V Mal Shawn Miller 08HB-00009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF VS. SHAWN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecil2e to Substitute Verification to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Date: February 4, 2008 /I Al)--? Donald R. Dorer, Esquire Attorney for Defendant C-2 0 r1l c u ti C=x rQ " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH DIANE VS MILLER SHAWN R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT MILLER SHAWN but was unable to locate Him deputized the sheriff of MIFFLIN serve the within COMPLAINT & NOTICE On February 8th , 2008 , this office was in receipt of t attached return from MIFFLIN Sheriff's Costs: So answe_ -- i.-9? Docketing 18.00 ro'` '~ Out of County 9.00 f Surcharge 10.00 . Thomas Klir(e Dep Mifflin County 34.00 Sheriff of Cumberland County Postage 1.33 ? a1?i.2/o. 72 .33 02/08/2008 ANGINO & ROVNER Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Diane Smith VS. Shawn Miller No. 08-174 civil Now, January 11, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Mifflin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a .1 copy of the original and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA Joseph A. Bradley, Sheriff Baron K. Lewis, Chief Deputy Laurie J. Kozak , Deputy Christoher S. Shade, Deputy Charles L. Angney, Deputy James R. Bell, Deputy Am ?__ SHERIFF'S OFFICE MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 -- Fax: (717) 248-2907 2 Surcharge Plaintiff: Diane Smith Court Number: 08-174 County: Cumberland Defendant: Shawn Miller Type of Writ or Complaint: El Writ Notice and Complaint El Complaint Name: Shawn Miller Address: 460 Vermont Avenue, Burnham, Pa. 17009 Serve At Name: Address: Indicate Unusual Service: O Comm. of Pa. El Deputization El Other Now 20 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: Telephone No: Date Filed: Angino & Rovner/Cumberland Co. Sheriff (717) 238-6791 1/9/2008 1 ackno dge rec 'pt of th Writ pr ,,Complaint as indicated above: Date Received: Exp. Date: X ? 1/14/2008 2/9/2008 I odreby CERTIFY and RETUWthat I D have personally served. ? have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the Writ or Complaint described on the individual, company, corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted below, handing a TRUE and ATTESTED copy thereof. ?I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: L-1 A person of suitable age and discretion Served Shawn Miller (no longer resides at address above, New address of 14 S. Wayne Street, then residing at the defendenYs usual Lewistown place of abode. Address where served (complete only if different than shown above) 20 N. Wayne Street, Lewistown(Sheriffs Office) Attempts Date Miles Dep.lnt. Date Miles 2 1/17/2008 4 CSS Advance Costs Service Costs Mileage $75.00 $18.00 $10.00 Remarks: (See other side) Sworn to and subscrib d before me this X Wtf 14 1A 14 Notary Public NOTARIAL BEAL MTRICIAA. WILSON, Notary Pubfa Lowiatown Boro, MiMin County Notarial Seat My Commission Expiraa March 31, 2011 1/22/2008 Postage $1.00 Dep. Int. I LJK Notary David W. Molek, Solicitor (717) 248-9656 Date of Service 1/22/2008 Date Miles Total $34.00 Time: 3:30 PM Dep. Int. Refund $41.00 So Answers: De uty eriff L ur' J. Koz 1/22/2008 r X 1 as - Joseph A. Brady h riff 1/22/2008 / X r ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID## : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DIANE SMITH, Plaintiff V. SHAWN MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-174 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 2 To: Defendant Shawn Miller, by and through counsel Donald Dorer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 384613 1. Do you admit that before the August 31, 2006, motor vehicle collision, you were traveling at approximately 46 miles per hour when you activated your brakes approximately 10 feet from the rear of the subject Toyota? Admit Deny Dater ANG O & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 384613 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the Plaintiff s Request for Admissions to Defendant - Set No. 2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Defendant Q Mary T. ?eraets'- Dated: 384613 -+.. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DIANE SMITH, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. 1 NO. 08-174 CIVIL TERM SHAWN MILLER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.3 To: Defendant Shawn Miller, by and through counsel Donald Dorer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 401749 1. Do you admit that the "Medicare lien" in this case totals $5,266.41? Admit Deny Date: ANG1NO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 401749 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the Plaintiff's Request for Admissions to Defendant - Set No. 3 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Defendant Dated: I ? ? , Ql? 401749 -Uri, C- .3 `i. -' c.n . PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate). TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (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) DIANE SMITH, Plaintiff V. SHAWN MILLER, Defendant (check one) () Assumpsit () Trespass (XX) Trespass (Motor Vehicle) Q Other The trial list will be called on 6-2-09 and none. Trials commence on 6-29=09. Pre-trials will beheld on 6-10-09 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 08-174 Civil Term Indicate the attorney who will try case for the party who files this praecipe: David L. Lutz, Esquire, 4503 N. Front Street, Harrisburg, PA 17110. Indicate trial counsel for other parties if known: Donald Dorer, Esquire, 214 Senate Avenue, Suite 503, Camp Hill, PA 17011. This case is ready for trial. Date: 3-2-09 Signed: Print Name: David L. Lutz, Esquire Attorney for Plaintiff(s) 405347 4? 08HB-00()()9 (08-008637) ANGINO & ROVNER, P.C. David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 Telephone No. (717) 238-6791 Attorneys for Plaintiff DIANE SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT TY, PENNSYLVANIA VS. SHAWN MILLER, DEFENDANT No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: J ! 6" 0 I ANGINO & ROVNER, P.C. By vi Esquire 4503 h Front Street Harrisburg, PA 17110-1708 Telephone No. (717) 238-6791 Attontey for Plaintiff Court I.D. 35956 ? v w 08HB-00009 (08-008637) LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Shawn Miller DIANE SMITH, PLAINTIFF VS. SHAWN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-174 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Date: March 13, 2009 Donald R. Dorer, Esquire Attorney for Defendant m e: ? ? , `i ?? , ? rg'x ? L.?, ?... ? `_:a G° ?'