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HomeMy WebLinkAbout08-1096ORIGINAL R. J. MARZELLA & ASSOCIATES, P.C. BY: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Harrisburg, PA 17110 E-Mail: zcampbell@rjmarzella.com Attorneys for Plaintiffs Telephone: (717 2347828 Christine Harris and Kenneth Harris Facsimile-, (717) 2346883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE HARRIS and KENNETH HARRIS Docket No.: Q$- ??(P l:?lvi( Civil Law Plaintiffs V. MICHAEL HILLEGAS, Jr. Defendant 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 defense 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 claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA (717)249-3166 Docket: NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su p esona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted pueda perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA LFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA (717)249-3166 Dated: 02 11 LL 2 Respectfully submitted, R. J. Marzella & Associates, P.C. By: Zachar e2tification bell, Esquire No. 93177 Docket: R. J. MARZELLA & ASSOCIATES, P.C. BY: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Harrisburg, PA 17110 E-Mail: zcampbell@rjmarzella.com Attorneys for Plaintiffs Telephone: (717) 234-7828 Christine Harris and Kenneth Harris Facsimile-, (717) 234-688 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 0j- /a 94 CL;d CHRISTINE HARRIS and KENNETH HARRIS Civil Law Plaintiffs V. MICHAEL HILLEGAS, Jr. Defendant JURY TRIAL DEMANDED COMPLAINT Parties to the Action 1. Plaintiff, Christine Harris, is an adult individual, residing at 22 Rabbit Lane, Newville, Pennsylvania, 17241. 2. Plaintiff, Kenneth Harris, is an adult individual and husband of Plaintiff, Christine Harris, 22 Rabbit Lane, Newville, Pennsylvania, 17241. 3. Defendant, Michael Hillegas, (hereinafter, "the Defendant") is an adult individual, at all times relevant hereto, resided at 540 Brentwater Road, Camp Hill, Pennsylvania, 17011. I Docket: Summary of Causes of Action 4. On or about April 4, 2006, at approximately 4:00 p.m., Courtney Parker, was driving with her Aunt, Christine Harris, on Third Street near the intersection with Market Street in Lemoyne, Pennsylvania. 5. At the time of the accident at issue in this Complaint, Mrs. Harris was seated in the front passenger seat of the automobile that her niece was operating and she was properly wearing her seatbelt. 6. Mrs. Parker was driving up the incline of Third Street traveling away from the intersection of Market and Third Streets in Lemoyne. 7. As the women drove up the hill, the traffic in front of them slowed for a traffic signal ahead. 8. Unbeknownst to Mrs. Parker and Mrs. Harris, the Defendant was traveling directly behind her vehicle on Third Street at a high rate of speed. 9. The Defendant accelerated up the incline on Third Street. 10. However, it is believed and therefore averred that the Defendant was not paying attention and did not see the vehicles stopped in traffic immediately ahead of him. 11. Due to the speed the Defendant maintained, he could not stop and avoid the vehicle that Mrs. Harris was traveling in and his vehicle violently struck the rear of Plaintiff's vehicle. 12. Both Mrs. Parker and Mrs. Harris' bodies were jerked forward and then back by the force of the collision. 2 Docket: 13. Although wearing a seatbelt at the time of the collision, the force of the impact caused Mrs. Harris' head to violently jerk forward and then back before colliding into the headrest of the vehicle. 14. Mrs. Harris was immediately stunned and disoriented after the collision. 15. She turned to her pregnant niece to make sure she was all right. 16. Mrs. Parker and Mrs. Harris were able to extricate themselves from the vehicle, which did not sustain significant damage because of its large size. 17. Mr. Hillegas also was able to pull himself out of his vehicle, which was a Ford Mustang and sustained significant damage in the collision. 18. The Defendant's vehicle struck the Plaintiffs vehicle with such force that it became lodged underneath the rear of the Mrs. Parker's vehicle. 19. An off-duty, deputy fire chief witnessed the rear end collision and stopped I to ensure that no one was seriously injured. 20. Mrs. Harris immediately began suffering pain in her neck and back, while sitting at the accident scene. 21. Mrs. Harris was concerned for the well being of her niece, who was almost six months pregnant at the time of the accident. 22. Mrs. Parker immediately decided to call her Obstetrician-Gynecology practice because of her concern that her unborn child may have been injured during the collision. 23. Mrs. Parker was instructed by her physician to proceed to the nearest hospital emergency room. 3 Docket: 24. Mrs. Parker contacted her husband via telephone and they were transported to the hospital. 25. Because her immediate concern was for her niece, Mrs. Harris did not I seek immediate treatment at the hospital. 26. However, a nurse in the room where Mrs. Parker was being monitored in I the hospital noticed that Mrs. Harris was in pain and provided her with Tylenol. 27. Fortunately, no immediate health concerns were discovered for Mrs. Parker or her unborn child and she was discharged after several hours at the hospital. 28. That night, Mrs. Harris' pain continued to worsen in her head, back and especially neck. 29. As a result, Mrs. Harris immediately made an appointment to be evaluated by her family physician, Dr. Donald Kovac. 30. The following day, on or about April 5, 2006, Mrs. Harris was diagnosed with cervical and lumbar strains, prescribed Flexeril and ordered to follow up in a week. 31. As instructed, Mrs. Harris returned to her family physician on or about April 10, 2006, with continued complaints of neck pain and stiffness. 32. At that time, her physician prescribed a higher dosage of a different muscle relaxant and ordered her to follow up as needed. 33. Over the next two weeks, Mrs. Harris continued to suffer from severe pain in her neck, continued headaches and difficulties sleeping because of the pain. 4 Docket: 34. Mrs. Harris returned to see her family physician on or about May 10, 2006, and he ordered her to begin physical therapy at the Rehabilitation Options of the Carlisle Regional Medical Center in Carlisle, Pennsylvania. 35. Mrs. Harris began physical therapy on or about May 25, 2006. 36. Over the course of the five (5) months, Mrs. Harris underwent several sessions of physical therapy, which provided some relief from her neck pain. 37. From May 25, 2006 until October 18, 2006, Mrs. Harris attended two to three physical therapy sessions per week. 38. Mrs. Harris was eventually discharged from physical therapy, because it was believed that she had reached the optimum amount of relief that she could expect to achieve at that point with physical therapy. 39. Mrs. Harris continued to suffer from neck pain and headaches. She attempted to continue with a home exercise program shown to her at physical therapy, but still suffered from severe pain. 40. In the summer of 2006, Mrs. Harris was referred to an orthopedic surgeon for treatment. 41. A MRI was obtained of Mrs. Harris' neck, which revealed a disc protrusion in her neck. 42. The orthopedic surgeon referred Mrs. Harris to the Carlisle Regional Pain Management Clinic. 43. In August 2006, Mrs. Harris began treating with Dr. Daniel Chess at the ?ain Management Clinic. 5 Docket: 44. From August 2006 to January 2007, Mrs. Harris underwent three (3) epidural steroid injections and two trigger point injections by Dr. Chess, which provided little if no relief to Mrs. Harris. 45. Mrs. Harris also was forced to utilize a TENS unit for the pain in her neck, while she underwent additional physical therapy during this time. 46. At that point, since she has received the maximum number of allowable injections, she was discharged from pain management treatment and it was recommended that she consult with a neurosurgeon because of the continued severe neck pain and headaches. 47. Mrs. Harris eventually was referred to the Neurology Center, P.C. in May 2007 and was treated by Dr. Ravi Dukkipati. 48. Over the next seven months, Mrs. Harris received several injections of Botox into her neck on the advice of Dr. Dukkipati. 49. Although these injections alleviated some of her symptoms, Mrs. Harris continues to suffer from near constant pain in her neck. 50. To date, Mrs. Harris is still treating with her physicians, including Dr. Dukkipati, because she continues to suffer from pain related to her injuries caused by the accident. 51. It is believed and therefore averred that Mrs. Harris will endure future medical treatment, including but not limited to injections and surgical intervention on her neck. Docket: 52. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Mrs. Harris, has suffered severe injuries, physical pain, and mental suffering. 53. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Mrs. Harris, has been and will continue to be forced to incur liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses and a claim is made therefore. 54. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Mrs. Harris, has undergone and in the future will undergo great physical pain and suffering, great inconvenience in carrying out their daily activities, loss of life's pleasures and enjoyment, and emotional distress and a claim is made therefore. 55. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Mrs. Harris, has undergone and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefore. 56. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Mrs. Harris, has sustained in the past and will sustain in the future a loss of earnings and a claim is made therefore. 57. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Mrs. Harris, has been advised and therefore avers, that the damages and injuries alleged herein are permanent and a claim is made therefore. 7 Docket: 58. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, the vehicle driven by Defendant Michael Hillegas, Jr., collided with the rear of Plaintiffs vehicle causing Plaintiff to sustain severe, extensive and permanent personal injuries that required medical treatment and therapy, and may require medical treatment and therapy in the future, and a claim is made therefore. 59. As a direct and proximate result of the negligence of Defendant, Plaintiff, Kenneth Harris, has been deprived of the care, companionship, and services of his wife, Christine Harris, for all of which damages are claimed. COUNTI CHRISTINE HARRIS V. MICHEAL HILLEGAS 60. The allegations contained in Paragraphs 1 through 59 of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 61. Regarding the accident, which is the subject matter of this Complaint, Defendant Michael Hillegas, Jr. was negligent, careless, and reckless in the operation of a motor vehicle in the following particulars: (a) operating his vehicle in violation of the ordinances of the Commonwealth 3f Pennsylvania pertaining to the operation of motor vehicles, including but not limited :o reckless driving and traveling at an unsafe speed; (b) failing to have the vehicle under proper and adequate control in order to top or avoid striking the Plaintiffs vehicle; Docket: (c) failing to keep an appropriate lookout to avoid striking the Plaintiffs vehicle; (d) failing to maneuver his vehicle appropriately in order to avoid striking Plaintiffs vehicle; (e) operating the vehicle without due regard for the rights, safety, well-being, and position of Plaintiff under the circumstances; (f) failing to lawfully stop at a traffic control device; (g) failing to bring his vehicle to a stop safely behind the vehicle Mrs. Harris was traveling in, which was lawfully stopped on the roadway. (h) failing to operate his vehicle at a safe rate of speed under the circumstances; and (i) negligently driving at an unsafe speed. WHEREFORE, Plaintiff, Christine Harris, demands judgment against Defendant Michael Hillegas, Jr., in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), together with interest and costs thereon as allowed by law. COUNT 11- LOSS OF CONSORTIUM KENNETH HARRIS V MICHAEL HILLEGAS jR 62. The allegations contained in Paragraphs 1- 59 and Count I of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 9 Docket: 63. As a direct and proximate result of the negligence of Defendant, Plaintiff, Kenneth Harris, has been deprived of the care, companionship, services, society and consortium of his wife, Christine Harris, for all of which damages are claimed. WHEREFORE Plaintiff, Kenneth Harris, demands judgment against Defendant, Michael Hillegas, Jr., in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), together with interest and costs thereon as allowed by law. Dated; 2 1-7/ZOOg Respectfully submitted, R. J. Marzella & Associates, P.C. By: 7-i? Z ha Campbell, Esquire Atto 1 ntification No. 93177 to Docket: VERIFICATION We, Christine and Kenneth Harris, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 1 a px Dat d l 1"' , J0 Dated (. ? 1 O Christine Harris TA 0.1ZT?J111 Kenneth Harris Ln r p ' C'3 l O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS CHRISTINE ET AL VS HILLEGAS MICHAEL JR NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HILLEGAS MICHAEL JR the DEFENDANT , at 1735:00 HOURS, on the 27th day of February-, 2008 at 540 BRENTWATER ROAD CAMP HILL, PA 17011 MICHAEL HILLEGAS JR by handing to a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 31/.16 Y 1. So Answers: 18.00 13.44 ?? .58 10.00 R. Thomas Kline .00 ? 42.02 02/28/2008 RJ MARZELLA Sworn and Subscibed to before me this By: , ?Z- day Deputy Sheriff of A. D. Jeffrey T. McGuire Attorney I.D. #73617 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant CHRISTINE HARRIS and KENNETH HARRIS, Plaintiffs vs. MICHAEL HILLEGAS, Jr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-1096 Civil Term : CIVIL LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Michael Hillegas, Jr., Defendant in the above- captioned matter. Dated: '->?b 6S By: submitted, & KEARNS JeftrX T. McGuire, Esquire t rney I.D. No. 73617 631 North Front Street Harrisburg, PA 17110 (717) 232-7661 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document thiso2t?' day of 2006, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Zachary D. Campbell, Esquire R. J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 CALDWELL & KEARNS 0662 1-094/1 30590 nip , r y~ t? Caldwell & Kearns, P.C. Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkeams.com Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHRISTINE HARRIS AND KENNETH HARRIS, Plaintiffs, vs. MICHAEL HILLEGAS, JR., Defendant. FILE NO. 08-1096 CIVIL LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1 2 3 4. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoena, is attached to this certificate; No objection to the subpoena has been The subpoena which will be served'is i the Notice of Intent to Serve Date: By: ; and to the subpoena which is attached to J,e f y T//IcGuire, Esquire Nd' 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant E ?. Caldwell & Kearns, P.C. Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) .mcguire@caldwellkearns.com Attornevs for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHRISTINE HARRIS AND KENNETH HARRIS, Plaintiffs, FILE NO. 08-1096 CIVIL LAW vs. MICHAEL HILLEGAS, JR., Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Zachary D. Campbell, Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg. PA 171 10 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 SCI-Ve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfiijs?.?bmitted, Date: By: CALDWELL &KEARNS Fee McGu)'fe, Esquire 7361: z North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant COMMONWEALTH OF PENNSYLVAI\LI\ COUNTY OF CUMBERLAND CHRISTINE HARRIS and KENNETH HARRIS, Plaintiffs, File , -- v. MICHAEL HILLEGAS, JR., Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custpdi n of Record TO: j ppjalachian Orthope5ic Center Ltd. ?nt,,oQ (lri, f arl is1P, P? 1701 (]vame of Person or Entity) Within nventy (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: at 3631 North Front?Sr?et, Ha?z??btrrc,_P1?-131-10 ---- (Address) You rrmv 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 tlus subpoena v,,Ithin 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 RL•QIIEST OI--TIIE FOLLOWING PERSON: NAN,IE:_Jeffrev_ McG uire Esquire ADDRESS: _3SL3-1-i?Qr_t_h__Front Street - -H,aLLisburq_, __PA__ 17-1-10 TELEPHONIE: 71 7 - 2 32- 7 6 61 SUPREME COURT ID 7 3 h 1 7 _____-_ ATTORNEY FOR:Defendanty. BY THE COURT: Prothonotary, Civil Division Date: 'Sea] of die Court i?epur: EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files. memoranda, handwritten notes, history and physical reports. medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: NAME: Christine L. Harris DOR: 09/17/1959 Date of Loss: 04/041106 Dates Requested: Any and all records from 09/17/1959 to present 06621094-130595 • Caldwell & Kearns. P.C. Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcyuirencaldwellkearns.com Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHRISTINE HARRIS AND KENNETH HARRIS, Plaintiffs, FILE NO. 08-1096 CIVIL LAW vs. MICHAEL HILLEGAS, JR., Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thisZU?day of F%=1 _ 2008, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a tnie and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Zachary D. Campbell, Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 171 10 By: ( ?'l^ Caldwell & Kearns, P.C. Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkeams.com Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHRISTINE HARRIS AND KENNETH HARRIS, Plaintiffs, FILE NO. 08-1096 CIVIL LAW vs. MICHAEL HILLEGAS, JR., Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thia0day of ?, 2008, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Zachary D. Campbell, Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 By: I d- a h? { '+x qq • "}?e w 4`,d, r ? ?R , F ? d r`? ? .? i .-+? . _1. ? 4 " M ..S A, a1 ??' _.. .. r?r1 ;'?t ^R- ?.' ?6 ? 4 '`1 i1 .••??. r .. ? . : `-? ( 2 )F Ne WROUTICkEr 2010 .JAN -5 AM 11: k 5 cXWR- , R. J. MARZELLA & ASSOCIATES, P.C. 9W BY: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Harrisburg, PA 17110 E-Mail: zcampbell@rjmarzella.com Attorneys for Plaintiffs Telephone: (717) 234-7828 Christine Harris and Kenneth Harris IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE HARRIS and KENNETH HARRIS Plaintiffs Docket No.: 08-1096 Civil Law V. MICHAEL HILLEGAS, Jr. Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-referenced action settled and discontinued, with prejudice as to all of the above named Defendants. Dated: 2. LA[2-?oOr Respectfully submitted, R. J. MARZELLA & AssoclATEs, P.C. BY: ACH CAMPBELL, ESQUIRE ID 177 3513 NORTH FRONT STREET HARRISBURG, PA 17110-1438 (717) 234-7828 Docket: CERTIFICATE OF SERVICE I, Cynthia von Schlichten, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 29' day of December, 2009, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Jeffrey T. McGuire, Esquire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendant R. J. MARZELLA & AssoclATEs, P.C. BY: CYNT IA VON SCHLICHTEN, LAw CLERK TO ZACHARY CAMPBELL, ESQUIRE