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HomeMy WebLinkAbout08-1590ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP ATTORNEY FOR PLAINTIFF BY: Michael W. Wagman, Esquire Charlene Chajkowski I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 CHARLENE CHAJKOWSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DOCKET NO. pg . ?5qa ?Wi Tpirm DONALD ISABELLA and VIIRGINIA ISABELLA JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendants in the above-captioned matter and forward it to the Sheriff for service in accordance with the attached letter. BENNETT, BRICKLIN & SALTZBURG LLP BY:/? _ ichael W. Wagman, Eszue Attorney for Plaintiff, C e Chajkowski Date: V 7 0,Y # Ul c c» - 00 + r a ,p D 1 c7 , ? Jrn V? 0 ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ATTORNEY FOR PLAINTIFF Charlene Chajkowski CHARLENE CHAJKOWSKI VS. DONALD ISABELLA and VIIRGINIA ISABELLA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW DOCKET NO. pg -15Ro 0JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Donald Isabella and Virginia Isabella You are notified that Charlene Chajkowski, Plaintiff in this action, has commenced an action against you. Date: 3bo L CURTIS R. LONG, PROTHONTARY By: Bennett Bricklin & Salzburg, LLP By: Michael W. Wagman, S.Ct.ID.: 28690 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2008-01590 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAJKOWSKI CHARLENE VS ISABELLA DONALD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ISABELLA DONALD the DEFENDANT , at 1450:00 HOURS, on the 26th day of March 2008 at 1250 ROBERT DRIVE MECHANICSBURG, PA 17055 by handing to RICHARD ISABELLA, SON 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: So Answers: Docketing 18.00 Service 6.16 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.16•%3/27/2008 BENNETT BRICKLIN SALTZBURG Sworn and Subscibed to By: before me this day De uty Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01590 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAJKOWSKI CHARLENE VS ISABELLA DONALD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS ISABELLA VIRGINIA was served upon the DEFENDANT , at 1450:00 HOURS, on the 26th day of March , 2008 at 1250 ROBERT DRIVE MECHANICSBURG, PA 17055 RICHARD ISABELLA, SON 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/27/2008 13ENNETT BRICKLIN SALTZBURG .3/2e/oe Sworn and Subscibed to By: before me this day Deputy e iff of A. D. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com CHARLENE CHAJKOWSKI Plaintiff V. CIVIL ACTION - LAW DONALD ISABELLA and NO. 08-1590 Civil Term VIRGINIA ISABELLA, : Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendants Donald Isabella and Virginia Isabella in the above-captioned matter. Date: September 2, 2008 343181 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN,SOfq, DUFFIE, STEWART & WEIDNER Jerson J. Shipman Esquire A orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 2, 2008: Michael W. Wagman, Esquire Bennett, Bricklin & Saltzburg, LLP 222 East Orange Street Lancaster, PA 17602 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Jk - 'effe4rs'65'n J. Shipman, Esquire ?- ? --? f.: ?- _? ._? P? "" e? ? i"F S'„,„ - § _ ... ? ?t?. - 'y'+,'3 ?% r _,% Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendants CHARLENE CHAJKOWSKI Plaintiff V. DONALD ISABELLA and VIRGINIA ISABELLA, Defendants TO THE PROTHONOTARY: PRAECIPE CIVIL ACTION - LAW NO. 08-1590 Civil Term JURY TRIAL DEMANDED PLEASE enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. Date: September 2, 2008 4 N N, DUFFIE, STEWART & WEIDNER e e on J. Shi an, Esquire RULE TO: Plaintiff Charlene Chajkowski and Michael W. Wagman, Esquire, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: q10y1q8 tPobthon-o-tary ate IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 343189 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complain has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 2, 2008: Michael W. Wagman, Esquire Bennett, Bricklin & Saltzburg, LLP 222 East Orange Street Lancaster, PA 17602 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B fferson J. Ship an, Esquire 343189 ?.? -i r,.l'' ?? ?: ' .?. .. ? t tt -t :..: ??? ?, _ f C S1 C' ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 ATTORNEY FOR PLAINTIFF Charlene Chajkowski 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 CHARLENE CHAJKOWSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DONALD ISABELLA and VIIRGINIA ISABELLA NOTICE CIVIL ACTION - LAW DOCKET NO.: 08-1590 JURY TRIAL DEMANDED 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 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 17013 (717)249-990-9108 BENNETT, BRICKLIN & SALTZBURG, LLP IL , Date: BY: Mich Wagman, Attome or Plaintiff ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ATTORNEY FOR PLAINTIFF Charlene Chajkowski CHARLENE CHAJKOWSKI vs. DONALD ISABELLA and VIIRGINIA ISABELLA COMPLAINT COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 08-1590 JURY TRIAL DEMANDED AND NOW COMES PLAINTIFF, Charlene Chajkowski, by and through her attorneys, Bennett Bricklin & Saltzburg, LLP, making a claim for damages whereof the following is a statement: 1. Plaintiff Charlene Chajkowski (Plaintiff) is an adult individual who resides at 508 Second Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendants Virginia Isabella and Donald Isabella are adult individuals, husband and wife, who reside at 1250 Robert Drive, Mechanicsburg, Pennsylvania 17055. 3. At all times material hereto, Defendant Virginia Isabella was acting on behalf of or otherwise as the agent of Defendant Donald Isabella. 4. On or about March 23, 2006, Plaintiff was traveling on Third Street in Lemoyne Pennsylvania. 5. On or about the same date, time and place set forth in Paragraph 4 hereof, Defendant Virginia Isabella was operating her vehicle on the same street in the same', direction as Plaintiff. b. While Plaintiff was stopped in a line of traffic near but not directly at the intersection of Third Street and Herman Avenue, Plaintiff was struck from behind by the motor vehicle being operated by Defendant. 7. At the time of the accident, Plaintiff had a full-tort policy motor vehicle insurance. COUNT I (NEGLIGENCE) Plaintiff v. Defendant Virginia Isabella 8. Paragraph 1 - 7 hereof are incorporated in this paragraph by reference as though set forth herein at length. 9. The aforementioned accident was caused solely by reason of the negligence and carelessness of Defendant Virginia Isabella and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff. 10. The negligence of Defendant Virginia Isabella consisted, inter alia., of the following: a. Failing to keep an adequate look out for other traffic; b. failing to observe stopped vehicles including Plaintiff's vehicle; C. operating her vehicle in excess of a speed that would permit her to stop within the assured clear distance ahead; d. failing properly to brake her vehicle; e. failing to keep her vehicle under adequate control. 11. As a direct and proximate result of Defendant Virginia Isabella's negligence, 2 Plaintiff suffered: a. the exacerbation of lumbar disc bulges and protrusions; b. the exacerbation of cervical disc bulges and protrusions; C. mild lumbar strain; d. mild neck pain; e. radicular pain; and, f. anxiety and other emotional stress. 12. As a direct and proximate result of Defendant Virginia Isabella's negligence, Plaintiff has sustained: a. past and possible future medical expenses; b. past physical pain, mental anguish, discomfort, inconvenience, and distress; C. past loss of life's pleasures; and, d. other miscellaneous out of pocket expenses. WHEREFORE, Plaintiff Charlene Chajkowski demands judgment in her favor and against Defendant Virginia Isabella in an amount not in excess of the amount requiring referral of the matter to arbitration under the Local Rules of Civil Procedure of Cumberland County. COUNT 11 (RESPONDEAT SUPERIOR) Chajkowski v. Defendant Donald Isabella 13. Paragraphs 1 - 12 are incorporated in this paragraph by reference as though set forth herein at length. 3 14. At the time of the accident described aforesaid, Defendant Virginia Isabella was acting on behalf of or otherwise as the agent Defendant Donald Isabella. 15. Defendant Donald Isabella is therefore vicariously libel for the negligence of Defendant Virginia Isabella. WHEREFORE, Plaintiff Charlene Chajkowski demands judgment in her favor and against Defendant Donald Isabella in an amount not in excess of the amount requiring referral of the matter to arbitration under the Local Rules of Civil Procedure of Cumberland County. BENNETT, BRICKLIN & SALTZBURG LLP BY: Date: Lo Michael W' Wagman, Es ire Attorney for Plaintiff, arlen? Chajkowski 4 ATTORNEY VERIFICATION I, Michael W. Wagman, as an officer of this Court, verify that the information contained in the foregoing statements are more within my knowledge than that of my client and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties Of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. I am authorized to execute terifications on behalf of Charlene Chajkowski herein. BENNETT, BRICKLIN & SALTZOURG, LLP f Date: D J ! ?? By: / / falintiff l W. Wagman, Atto Charlene C hajko o BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 CHARLENE CHAJKOWSKI VS. DONALD ISABELLA and ATTORNEY FOR P Charlene Chajkowski COURT OF COI CUMBERLAND CIVIL ACTION - LA DOCKET NO.: 08-15 VERGINIA ISABELLA JURY TRIAL DEN CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Defendant's above-captioned matter on the person listed below by first class mail, postage pi Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 BENNETT, BRICKLIN & SALTZB BY: W. W Dated: N PLEAS VTY, PENNSYLVANIA in the , LLP £^? r, c??, ? -?J ii` ?? =? .? ? ? > ? ' ,?- c? ? r? - ? . ? -ts ? '' ? ? . ? - 'r? R ? - ? 4J ... f? ?.? ...? JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjsts?r idsw com CHARLENE CHAJKOWSKI IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONALD ISABELLA and NO. 08-1590 Civil Term VIRGINIA ISABELLA, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Charlene Chajkowski and her attorney, Michael W. Wagman, Esquire Bennett, Bricklin & Saltzburg, LLP 222 East Orange Street Lancaster, PA 17602 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSP?41, DUFFIE, STEWART & WEIDNER Date: November 24, 2008 Jeffy'Tbin J. Shipman, Esquire Attorney I.D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 47043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendants CHARLENE CHAJKOWSKI IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONALD ISABELLA and NO. 08-1590 Civil Term VIRGINIA ISABELLA, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Donald and Virginia Isabella, by and through their counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner and file the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The averments contained in paragraph number 3 are conclusions of law and fact to which no response is required. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted only that there was contact between the vehicles. The remaining averments of paragraph number 6 are denied as stated. 7. Denied. The averments contained in paragraph number 7 are conclusions of law and fact to which no response is required. COUNT I (NEGLIGENCE) Plaintiff v. Defendant Virginia Isabella 8. Mrs. Isabella incorporates herein by reference her answers to paragraphs 1 through 7 above as though fully set forth herein at length. 9. Denied. The averments contained in paragraph number 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph number 10 and subparagraphs a. through e. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. Denied. It is specifically denied that Mrs. Isabella failed to keep an adequate look out for other traffic; b. Denied. It is specifically denied that Mrs. Isabella failed to observe stopped vehicles including Plaintiff's vehicle; C. Denied. It is specifically denied that Mrs. Isabella operated her vehicle in excess of a speed that would permit her to stop within the assured clear distance ahead; d. Denied. It is specifically denied that Mrs. Isabella failed to properly brake her vehvicle; and e. Denied. It is specifically denied that Mrs. Isabella failed to keep her vehicle under adequate control. 11. Denied. The averments contained in paragraph number 11 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Isabella is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 11 relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 12. Denied. The averments contained in paragraph number 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Isabella is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 12 relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, Defendant Virginia Isabella respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT I (Respondeat Superior) Chaikowski v. Defendant Donald Isabella 13. Mrs. Isabella incorporates herein by reference her answers to paragraphs 1 through 12 above as though fully set forth herein at length. 14. Denied. The averments contained in paragraph number 14 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 15. Denied. The averments contained in paragraph number 14 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, Defendant Donald Isabella respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 16. That Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the limited tort option. 17. That if it should be found that there was any negligence on the part of the Defendants, which is denied, then in that event any such negligence was not a proximate cause of any alleged injury. 18. That the alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. WHEREFORE, Defendants Virginia and Donald Isabella respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B 4rsJeon . Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: VERIFICATION I, Virginia Isabella, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Virg a Isabella Date: ll I-?- 0 8 350159 VERIFICATION I, Donald Isabella, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. i4-? -- ? ?' 0 eA: I ?e Do ald Isabel) Date: A 342926 I It CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 24, 2008: Michael W. Wagman, Esquire Bennett, Bricklin & Saltzburg, LLP 222 East Orange Street Lancaster, PA 17602 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 4 J er on J. Shipm , Esquire ?`y ^? ? ?::?? ?? ?, Vp ?'?a _4-. 'q? rr' ?? t?.. ^?: ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 CHARLENE CHAJKOWSKI vs. DONALD ISABELLA and VIRGINIA ISABELLA ATTORNEY FOR PLAINTIFF Charlene Chajkowski COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 08-1590 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 16. This paragraph states a conclusion of law to which no responsive pleading is required; and to the extent it may be construed to contain an allegation of fact it is denied in accordance with Pa.R.C.P. 1029(e). 17. This paragraph states a conclusion of law to which no responsive pleading is required; and to the extent it may be construed to contain an allegation of fact it is denied in accordance with Pa.R.C.P. 1029(e). 18. This paragraph states a conclusion of law to which no responsive pleading is required; and to the extent it may be construed to contain an allegation of fact it is denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Plaintiff demands that judgment be entered in her favor and against Defendants with costs, interest and fees as allowed by law. BENNETT, BRICKLIN & SALTZBURG, LLP Dated: / b G BY: *ia W. ?WaAi for Plaintiff t ATTORNEY VERIFICATION I, Michael W. Wagman, as an officer of this Court, verify that the information contained in the foregoing statements are more within my knowledge than that of my client and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. I am authorized to execute verifications on behalf of Charlene Chajkowski herein. Date: /f?` A P BENNETT, BRICKLIN & SALTZBURG, LLP By:l?^ / Mi ael W. Wagman, Att P intiff Charlene Chaiko for BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 CHARLENE CHAJKOWSKI ATTORNEY FOR PLAINTIFF Charlene Chajkowski COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DONALD ISABELLA and DOCKET NO.: 08-1590 VIRGINIA ISABELLA JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Plaintiff's Answer to Defendants' New Matter in the above-captioned matter on the person listed below by first class mail, postage prepaid: Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. BOX 109 Lemoyne, PA 17043-0109 BY Dated: BENNETT, BRICKLIN & SALTZBURG, LLP .: -?.? ? 1 ?6 a4? i°° ?? 0`1OkGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANQ STREET LANCASTER, PA J 602 (717) 393-4400 ATTORNEY FOR PLAINTIFF Charlene Chajkowski CHARLENE CHAJKOWSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DOCKET NO.: 08-1590 DONALD ISABELLA and VIRGINIA ISABELLA JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Plaintiff's Answers to Defendants' Interrogatories and Plaintiff's Response to Defendants' Request for Production of Documents in the above-captioned matter on the person listed below by first class mail, postage prepaid: Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 BY Dated: I q BENNETT, BRICKLIN & SALTZBURG, LLP ea C c.. ' ? -rE -? , ., xA ,? > > ? , ?s . , ? 1 ? _ ?- ` '?? ?? ?? ? ./ .? t+ , s CHARLENE CHAJKOWSKI, Plaintiff : V. DONALD ISABELLA and VIRGINIA ISABELLA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1590 CIVIL TERM CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendants in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Michael W. Wagman, Esquire (Plaintiff) and Jefferson J. Shipman, Esquire (Defendants) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Ily submitted, J, DUFFIE, STEWART & WEIDNER Date: April 28, 2009 ORDER OF COURT AND NOW, this i J. Shipman, EsgLfire for Defendants 2009, in consideration of the foregoing petition, Esq., and Esq. and , Esq. are appointed arbitrators in the above- captioned action (or actions) as prayed for. By the Court, Edgar B. Bayley 364543 ,.4 _ : A r emu., #A,4. tea Po A7rV cy" 30008 Itr* AWAY CHARLENE CHAJKOWSKI, Plaintiff V. DONALD ISABELLA and VIRGINIA ISABELLA, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1590 CIVIL TERM CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendants in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Michael W. Wagman, Esquire (Plaintiff) and Jefferson J. Shipman, Esquire (Defendants) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ly submitted, I, DUFFIE, STEWART & WEIDNER Date: April 28, 2009 ORDER OF COURT AND NO., this capti i J. Shipman, Esgdire for Defendants 3 20-09, in consideration of the foregoing petition, Esq., and Esq. are appointed arbitrators in the above- (or actions) as prayed for By the Co , Ti4?0 Edgar B. Ba ley 364543 zlv. 1, 'In PO AlTq *8,4. Do s w { rr-* n 'u CHARLENE CHAJKOWSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD ISABELLA, ET AL., DEFENDANTS 08-1590 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. George B. Faller, Jr., Esquire, Chairman, shall be paid the sum of $50.00. E Edgar B. Bayley, J. eorge B. Faller, Jr., Esquire Court Administrator :sal C?o-zy M?ttL?CL ,A,` I [04i `::Qn eL :i.+ I 1 ? Fi ? ttn. 210'3 DEC - . ?? ? ! I C r BENNETT, BRICKLIN & SALTZBURG, LLP By: Michael W. Wagman, Esquire I. D. No. 28690 222 East Orange Street Lancaster, PA 17602 Phone: (717) 393-4400 CHARLENE CHAJKOWSKI Plaintiff V. DONALD ISABELLA and VIRGINIA ISABELLA, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1590 Civil Term JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied, settled and discontinued with prejudice. Date: 0-1141"1 BENNETT, BRICKLIN & SALTZBURG, LLP By micnaei vv. vvagman, I.D. No. 28690 222 East Orange Str? Lancaster, PA 17602 (717) 393-4400 Counsel for Plaintiff 7009 DEC 22 A: Chi ;'Y