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HomeMy WebLinkAbout08-2913MARTINS MILL LEGAL CENTER, LLC. BY: LEO M. FLYNN Identification No. 87350 6800 MARTINS MILL ROAD. PHILADELPHIA, PENNSYLVANIA 19111 (215) 305-6222 OMAR CRUZ 528 N. 13' Street Reading, Pennsylvania 19604 Plaintiff, VS. DAVID S. MILLER 107 Race Street Boiling Springs, Pennsylvania 17007 and JODI S. STANFIELD 5 Forge Road Boiling Springs, Pennsylvania 17007 Defendants. THIS IS AN ARBITRATION Assessment of Damages Hearing is Required Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08 -.29A3 014, i L"-7? CIVIL ACTION COMPLAINT Complaint - Civil Action: Motor Vehicle Accident NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and fling 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 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparesencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificaci6n. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENDE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O 6 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17103 1-800-990-9108 717-249-3166 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17103 1-800-990-9108 717-249-3166 7 MARTINS MILL LEGAL CENTER, LLC. THIS IS AN ARBITRATION BY: LEO M. FLYNN Assessment of Damages Hearing Identification No. 87350 is Required 6800 MARTINS MILL ROAD. PHILADELPHIA, PENNSYLVANIA 19111 (215) 305-6222 Attorney for Plaintiff OMAR CRUZ COURT OF COMMON PLEAS 528 N.13" Street CUMBERLAND COUNTY Reading, Pennsylvania 19604 Plaintiff, VS. NO. DAVID S. MILLER 107 Race Street CIVIL ACTION Boiling Springs, Pennsylvania 17007 and COMPLAINT JODI S. STANFIELD 5 Forge Road Boiling Springs, Pennsylvania 17007 Defendants. ' Complaint - Civil Action: Motor Vehicle Accident 1. Plaintiff, OMAR CRUZ, is an adult individual residing per caption above. 2. Defendant, DAVID S. MILLER, is an adult individual residing per caption above. 3. Defendant, JODI S. STANFIELD, is an adult individual residing per caption above. 4. At all times relevant and material to this Complaint, defendant, DAVID S. MILLER, was an agent, servant, workman, driver, permissive user, employee and/or representative of JODI S. STANFIELD, and was acting within the scope and course of his permission, employment and/or agency. 5. At all times relevant and material to this Complaint, defendant, JODI S. STANFIELD, was the owner of the motor vehicle operated by defendant, DAVID S. MILLER. 1 6. At all times relevant and material to this Complaint, defendant, JODI S. STANFIELD, did act through said agent, servant, workman, driver, permissive user, employee and/or representative, said individual acting within the course and scope of his employment, permissive use and/or agency. 7. On or about June 11, 2006, at or about 11:53 p.m., plaintiff, was the operator of a motor vehicle that was stopped at or about the intersection of Route 581 at Route 15, Cumberland County, in the Commonwealth of Pennsylvania. 8. At the aforesaid time and place, defendant, DAVID S. MILLER, was the operator of a motor vehicle, which was traveling behind plaintiffs stopped vehicle, at which time and place, defendant, DAVID S. MILLER, suddenly and without warning, caused said motor vehicle to violently collide with the vehicle which was being operated by the plaintiff, thus causing plaintiff to suffer severe and grievous injuries. 9. This accident resulted solely from the negligence and carelessness of defendants, JODI S. STANFIELD and DAVID S. MILLER, jointly and/or severally, and was due in no manner whatsoever to any act or failure to act on the part of plaintiff. COUNTI OMAR CRUZ v. DAVID S. MILLER 10. Plaintiff incorporates"by reference thereto, paragraphs one through nine, inclusive, as though same were set forth herein at length. 11. The negligence and carelessness of defendant, DAVID S. MILLER, acting as an agent, servant, workman, driver, permissive user, employee and/or representative for defendant, JODI S. STANFIELD, while within the scope and authority of his employment and/or permissive use consisted of the following: (a) failing to properly operate and control said motor vehicle; 2 (b) driving at an excessive and unsafe rate of speed under the circumstances; (c) failing to maintain a proper and adequate lookout; (d) failing to give proper and sufficient warning of the approach of said motor vehicle; (e) violation of the Assured Clear Distance rule; (f) improperly stopping his vehicle; (g) disregarding oncoming traffic; (h) failing to follow and observe traffic patterns and conditions; (i) failing to yield right of way; 6) causing a vehicular collision; (k) failing to properly and adequately maintain said motor vehicle; (1) violations of the Ordinances of the County of Cumberland and the statutes of the Commonwealth of Pennsylvania governing the operation of motor vehicles on the streets and highways; and (m) negligence per se. WHEREFORE, plaintiff demands damages of defendant, DAVID S. MILLER, in a sum not in excess of $50,000.00, plus interest, costs and attorney's fees. COUNT II OMAR CRUZ v. JODI S. STANFIELD 12. Plaintiff incorporates by reference thereto, paragraphs one through eleven, inclusive, as though same were set forth herein at length. 13. The negligence and carelessness of defendant, JODI S. STANFIELD, consisted of the following; 3 (a) negligently entrusting the aforesaid motor vehicle to defendant, DAVID S. MILLER; (b) failure to properly and adequately supervise and/or train defendant agent, servant, workman, driver, permissive user, employee and/or representative, in particular, defendant, DAVID S. MILLER; (c) failure to act with due care and regard for the position and safety of others, in particular, plaintiff; (d) failure to properly supervise the operation and control of said motor vehicle; (e) allowing and intoxicated and/or impaired person to operate said motor vehicle; and (e) failure to properly and adequately maintain said motor vehicle. WHEREFORE, plaintiff demands damages of defendant, JODI S. STANFIELD, in a sum not in excess of $50,000.00, plus interest, costs and attorney's fees. COUNT III OMAR CRUZ v. DAVID S. MILLER and JODI S. STANFIELD 14. Plaintiff incorporates by reference thereto, paragraphs one through thirteen, inclusive, as though same were set forth herein at length. 15. As a result of this accident, plaintiff has suffered injuries, which are or may be serious and permanent, including,'but not limited to cervical, thoracic and lumbar spine strain and sprain, along with a fractured nose. 16. As a further result of this accident, plaintiff has incurred and in the future will incur expenses for the treatment of his injuries, has been disabled and in the future will be disabled and not able to perform his usual functions, and has been caused and in the future will be caused great pain and suffering, to his great loss and damage. 4 17. As a further result of this accident, plaintiff has been obligated to receive and undergo medical attention and care for his injuries, and to incur various expenses for said care and she may be obligated to continue to expend such sums and to incur such expenses for an indefinite period of time in the future. 18. As a further result of this accident, plaintiff has suffered an injury, which may be in full or in part a cosmetic disfigurement, which is or may be permanent, irreparable, or severe. 19. As a further result of this accident, plaintiff has or may suffer severe loss of his gross income and impairment or his earning capacity and power, and may continue to suffer such a loss for an indefinite time in the future. 20. As a further result of this accident, plaintiff has been unable to attend to his daily chores, duties, and occupations, and may be unable to do so for an indefinite time in the future. 21. As a direct and reasonable result of the aforementioned accident, plaintiff has or may hereafter incur other financial expenses or losses to which she may otherwise be entitled to recover. 22. As a further result of the aforementioned accident, plaintiff has suffered severe physical pain, aches, mental anguish, humiliations, and inconveniences and loss of life's pleasures and she may continue to suffer the same for an indefinite time in the future. WHEREFORE, plaintiff demands damages of defendants, JODI S. STANFIELD and DAVID S. MILLER, in a sum not in excess of $50,000.00, plus interest, costs and attorney's fees. MARTINS MILL LEGAL CE$MR, LLC. By: Leo M. Flynn, Esifir Attorney for Plaintiff 5 VERIFICATION O?yy( C IrV?J do hereby swear that I am the Z, ?O?i1AI and Plaintiff in the foregoing that the facts set forth herein are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is being made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Iv ?R ? ?.; ? ?' ?c? ??`_' r? ara ?. -< -c SHERIFF'S RETURN - REGULAR CASE NO: 2008-02913 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRUZ OMAR VS MILLER DAVID S ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER DAVID S the DEFENDANT at 1943:00 HOURS, on the 9th day of May 2008 at 107 RACE STREET BOILING SPRINGS, PA 17007 by handing to DAVID S. MILLER 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 5.00 .00 10.00 .00 V, 33.00 So Answers: ? r_? R. Thoma " s Kline Sworn and Subscibed to before me this day 05/19/2008 MARTINS MILL LEGAL CENTER By: - ?? Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02913 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRUZ OMAR VS MILLER DAVID S ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STANFIELD JODI S DEFENDANT the at 1144:00 HOURS, on the 17th day of May 2008 at 5 FORGE ROAD BOILING SPRINGS, PA 17007 JODI STANFIELD by handing to a true and attested copy of COMPLAINT & NnTTrF together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 5/a VO F 7"" 0 0 -21. 00 Sworn and Subscibed to before me this day of So Answers: . ;F R. Thomas Kline 05/19/2008 MARTINS MILL LEGAL CENTER By. Deputy Sheriff A. D. •- IN Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com OMAR CRUZ, Plaintiff V. DAVID S. MILLER and JODI S. STANFIELD, Defendants TO THE PROTHONOTARY: Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2913 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of Defendants David S. Miller and Jodi S. Stanfield in the above-captioned matter. Date: May 30, 2008 JOW4tONjDUFFIE, ST?WART & WEIDNER By: Jeff son J. Shipman,, Esquire Atto ney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 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 May 30, 2008: Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 4Jerson J. Shipm ,Esquire 1785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants 334147 F"; c,:. :?_.? ;_ a ;..? -ra ? •-?r s rx ?* v ?,., =-, Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman 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 OMAR CRUZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2913 Civil Term DAVID S. MILLER and CIVIL ACTION - LAW JODI S. STANFIELD, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO NEW MATTER TO: Omar Cruz c/o Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 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. NSpN, DUFFIE, STEWART & WEIDNER Date: July 14, 2008 (Jefferson J. Shipman, 'squire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman 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 OMAR CRUZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2913 Civil Term DAVID S. MILLER and CIVIL ACTION - LAW JODI S. STANFIELD, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS DAVID S. MILLER AND JODI S. STANSFIELD-MILLER AND NOW, come the Defendants, David S. Miller and Jodi S. (Stansfield) Miller, by and through their counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs Complaint: 1. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 1. 2. Admitted. 3. Admitted, except as to name change of Jodi S. (Stansfield) Miller. 4. Denied. The averments contained in paragraph number 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 4 are specifically denied. 5. Admitted. 6. Denied. The averments contained in a paragraph number 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 6 are specifically denied. 7. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 7 and the same are therefore denied. 8. Denied. The averments contained in paragraph number 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in a paragraph number 8 are specifically denied. 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 in a paragraph number 9 are specifically denied. 2 COUNTI OMAR CRUZ v. DAVID S. MILLER 10. Mr. Miller incorporates herein by reference the answers to paragraphs 1 through 9 above as though fully set forth herein at length. 11. Denied. The averments contained in paragraphs number 11 and subparagraphs (a) through (m) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph 11 and each and every subparagraph (a) through (m) are specifically denied. (a) Denied. It is specifically denied that Mr. Miller failed to properly operate and control said motor vehicle; (b) Denied. It is specifically denied that Mr. Miller drove at an excessive and unsafe rate of speed under the circumstances; (c) Denied. It is specifically denied that Mr. Miller failed to maintain a proper and adequate lookout; (d) Denied. It is specifically denied that Mr. Miller failed to give proper and insufficient warning of the approach of said motor vehicle; (e) Denied. It is specifically denied that Mr. Miller violated the assured clear distance ahead rule; (f) Denied. It is specifically denied that Mr. Miller improperly stopped his motor vehicle; 3 (g) Denied. It is specifically denied that Mr. Miller disregarded oncoming traffic; (h) Denied. It is specifically denied that Mr. Miller failed to follow and observe traffic patterns and conditions; (i) Denied. It is specifically denied that Mr. Miller failed to yield the right-of- way; (j) Denied. It is specifically denied that Mr. Miller caused a vehicular collision; (k) Denied. It is specifically denied that Mr. Miller failed to properly and adequately maintain said motor vehicle; (1) Denied. It is specifically denied that Mr. Miller violated any ordinance or law of the County of Cumberland and the Commonwealth of Pennsylvania; and (m) Denied. It is specifically denied that Mr. Miller was negligent per se. WHEREFORE, the Defendant David S. Miller respectfully request that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II OMAR CRUZ v. JODI S. (STANSFIELD) MILLER 12. Mrs. (Stansfield) Miller incorporates herein by reference the answers to paragraphs 1 through 11 above as though fully set forth herein at length. 4 13. Denied. The averments contained in paragraph 13 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 13 and subparagraphs (a) through (e) are specifically denied. (a) Denied. It is specifically denied Mrs. Miller negligently entrusted the aforesaid motor vehicle to Defendant David S. Miller; (b) Denied. It is specifically denied Mrs. Miller failed to properly and adequately supervise and/or train Defendant agent, servant, workman, driver, permissive user, employee and/or representative, in particular, Defendant David S. Miller; (c) Denied. It is specifically denied that Mrs. Miller failed to act with due care and regard for the position and safety of others, in particular, the Plaintiff; (d) Denied. It is specifically denied that Mrs. Miller failed to properly supervise the operation and control of said motor vehicle; (e) Denied. It is specifically denied that Mrs. Miller allowed an intoxicated and/or impaired person to operate said motor vehicle; and (e) sic Denied. It is specifically denied that Mrs. Miller failed to properly and adequately maintain said motor vehicle. 5 WHEREFORE, the Defendant Jodi S. (Stansfield) Miller respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT III OMAR CRUZ v. DAVID S. MILLER and JODI S. (STANSFIELD) MILLER 14. The answering Defendants incorporate herein by reference the answers to paragraphs 1 through 13 above as though fully set forth herein by length. 15. Denied. The averments contained in paragraph number 15 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 relating to Plaintiffs alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 16. Denied. The averments contained in paragraph number 16 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 6 17. The averments contained in paragraph number 17 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph number 18 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 18 and the same are therefore denied, and strict proof is demanded at the time of trial. 19. Denied. The averments contained in paragraph number 19 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 7 number 19 and the same are therefore denied, and strict proof is demanded at the time of trial. 20. Denied. The averments contained in paragraph number 20 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 and the same are therefore denied, and strict proof is demanded at the time of trial. 21. Denied. The averments contained in paragraph number 21 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, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 21 and the same are therefore denied, and strict proof is demanded at the time of trial. 22. Denied. The averments contained in paragraph number 22 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, the answering Defendants are without sufficient knowledge or 8 information to form a belief as to the truth of the remaining averments of paragraph number 22 and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants, David S. Miller and Jodi S. (Stansfield) Miller respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the answering Defendants interpose the following new matter defenses: 23. That the Plaintiff has failed to state a cause of action for which relief may be granted. 24. That the Plaintiffs alleged cause of action may be barred in whole or in part by the provisions of Pennsylvania Motor Vehicle Financial Responsibility Law. 25. That the Plaintiffs alleged cause of action may be barred by the limited tort option. 26. That if it should be found that that there was any negligence on the part of the Defendants, which is denied, then, in that event, any such negligence was not a substantial factor or factual cause of any harm to the Plaintiff. 27. That the Plaintiffs alleged injuries may have been pre-existing. 9 28. That the Plaintiff may have failed to mitigate his alleged injuries and damages. 29. That the Plaintiff's alleged injuries and damages may have been caused by third parties or entities not presently involved in this action. 30. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 31. That the Plaintiff's alleged cause of action may have been caused in whole or in part by an intervening, superseding cause. WHEREFORE, the Defendants David S. Miller and Jodi S. (Stansfield) Miller respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, JOHN DUFFIE, STEWART & WEIDNER B Je erson J. Shipman, squire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: July 14, 2008 10 VERIFICATION I, Jodi S. (Stansfield) Miller, 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. Jodi S. (Stansfield) Miller Date: 40* VERIFICATION I, David S. Miller, have read the foregoing Answer and New Matter, and hereby affirm that 4 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. 17- David S. Miller Date: iO JVP 2OC15 335320 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 July 14, 2008: Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Jerson J. Shipman, 'Esquire #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants (""'a ?y <.? _x7 r7 -'? -. ? ; f_._ ._? , ?? r' ' ... - --? i .. =i "z C,F.? ??{ Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman 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 OMAR CRUZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2913 Civil Term DAVID S. MILLER and CIVIL ACTION - LAW JODI S. STANSFIELD, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 Attorney for Plaintiff 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 least 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 received, the waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. , OUFFIU, STEWART &jP'VWNER+ By Jefferson J. Shipman, Esquire I.D. M 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants DATE: I/ -? yl v?- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on q I /A S? Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffe on J. Shipman,, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I . D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendants OMAR CRUZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. MILLER and JODI S. STANSFIELD, Defendants NO. 08-2913 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leo _M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 Attorney for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve four (4) subpoenas identical to the ones that are 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 subpoenas. If no objections are made, the subpoenas may be served. JOHNS DUFFIE, STEWART &WEIDNER By Jeffer n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants DATE: '111116E CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on "71r, Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeff son J. Shipman,, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Omar Cruz, vs. Plaintiff File No. 08-2913 Davis S. Miller and Jodi S. Stansfield Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Alpha Chiropractic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Omar Cruz DOB: 9/9/81 SSN: 582-83-6287 at Johnson, Duffle, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: f V &-/J-, I Z 121117a Prothonotary/Clerk, Civil Division DATE: Seal of the Court A41/1 4)& Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND Omar Cruz, vs. Plaintiff File No. 08-2913 Davis S. Miller and Jodi S. Stansfield Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Readinc. Mosoital and Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents. or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Omar Cruz DOB: 9/9/81 SSN: 582-83-6287 at Johnson, Duffle. Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: DATE: 7 1 X d Seal of the Court /j/ A-hT I l Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Omar Cruz, vs. Plaintiff File No. 08-2913 Davis S. Miller and Jodi S. Stansfield Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Am -guard..-Insurance Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Omar Cruz DOB: 9/9/81 SSN: 582-83-6287 regarding claim # INWC644145006 and claim # INWC644145009 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought, If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: . Jefferson J. Shipman. Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: DATE: Seal of th Court A/ 16 ? Z - Z Prothonotary/Clerk, Civil Divisio?J Allj-"hw Ali tw'--? ? If /- Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Omar Cruz, Plaintiff File No. 08-2913 vs. Davis S. Miller and Jodi S. Stansfield : Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Workrrren's Insurance Fund (Name of Person or Entity) Within twenty (20),days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence diagnostic test results pertaining to Omar Cruz DOB: 9/9/81 SSN: 582-83-6287 regarding claim # 01460831 and claim # 03059421 at Johnson, Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 1D ATTORNEY. FOR:. Jefferson J. Shipman. Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: / fl 2, Pro honotary/Clerk, Civil Division DATE: / Seat of the Court T---lieputy (Eff. 7/97) C r FT ^.z c:?a - , v MARTINS MILL LEGAL CENTER, LLC. LEO M. FLYNN, ESQUIRE Identification No. 87350 6800 Martins Mill Road Philadelphia, PA 19111 (215) 305-6222 Attorney for Plaintiff OMAR CRUZ COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY VS. No. 08-2913 DAVID MILLER AND JODI STANFIELD Defendants. PLAINTIFF'S ANSWER TO DEFENDANTS NEW MATTER 23. Denied. Paragraph 23 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, it is specifically denied that plaintiff's complaint has failed to state causes of action for which relief is granted. On the contrary, plaintiff's complaint has multiple allegations sounding in negligence for which relief if afforded. Strict proof of said averment is demanded at the trial of this case. 24.-29. Denied. Paragraphs 24-29 are conclusions of law to which no responsive pleading is required. To the extent a pleading is required, after reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or the falsity of the averments and legal conclusions contained in Paragraphs 24-29 of defendants' New Matter and such averments are deemed at issue and specifically denied. Strict proof of said averments is demanded at the trial of this case. 30. Denied. Paragraph 30 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, it is specifically denied that plaintiff was comparatively negligent in this matter. On the contrary, plaintiff was rear ended by defendant operator. Strict proof of said averment is demanded at the trial of this case. 31. Denied. Paragraph 31 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, after reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or the falsity of the averment and legal conclusion contained in Paragraph 31 of defendants' New Matter and such averment is deemed at issue and specifically denied. Strict proof of said averment is demanded at the trial of this case. WHEREFORE, plaintiff demands judgment against defendants in a sum not in excess of $50,000.00, plus interest, costs and attorney's fees and such relief as this Court deems appropriate. Respectfully submitted, MARTINS MILL LWL CENTER, LLC. Leo M. Flynn, Esquir Attorney for Plaintiff VERIFICATION I, Leo M. Flynn, Esquire, hereby states that I am the attorney for the plaintiff in this action, and verify that the statements made in the foregoing Answer to defendants' New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. MARTINS MILL LWAL CENTER, LLC. Leo M. Flynn, EsquYrr Attorney for Plaintiff Dated: 7/21/08 MARTINS MILL LEGAL CENTER, LLC. LEO M. FLYNN, ESQUIRE Identification No. 87350 6800 Martins Mill Road Philadelphia, PA 19111 (215) 305-6222 Attorney for Plaintiff OMAR CRUZ COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY VS. No. 08-2913 DAVID MILLER AND JODI STANFIELD Defendants. CERTIFICATE OF SERVICE I, the undersigned attorney for plaintiff, hereby certifies that plaintiffs Answer to defendants' New Matter was served via first-class mail upon the following: Jefferson J. Shipman, Esquire 301 Market Street POB 109 Lemoyne, PA 1704,3' MARTINS MILL LE CENTER, LLC. Leo M. Flynn, Esilif Attorney for Plaintiff Dated: 7/21/08 ' `TI -TI r? m CJ -TI CO V JOHNSON, DUF IE, STEWART & WEIDNER By: Jefferson . Shipman I.D. No. 51785 301 Market St eet P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717)761-4540 E-mail: iisCcDid w.com OMAR CR Plaintiff Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2913 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3430 Civil Term CIVIL ACTION - LAW V. DAVID S. M LLER and JODI S. ST NFIELD, Defendants JULIO MEL NDEZ FOR THE USE AND BENEFIT OF NORGUARD INSURANCE CO., Plaintiff V. DAVID S. M LLER and JODI S. ST NFIELD, Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL The parties hereby stipulate and agree that the above cases are consolidated for all purposes v MARTINS MILL LEGAL QEVI-ER, LLC By: By: Leo . FlynbI Esquire Attorn Y I. D. No. 87350 6800 artins Mill Road Phila lphia, PA 19111 Telep one (215) 305-6222 Attorn vs for Plaintiff Cruz JOHNSON, DUFFIE, STEWART & WEIDNER J erson J. Shipman, squire A orney I.D. No. 51785 Z P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants , ul A. Schofield, Jr., Esquire orn By 1. D. No. 81894 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone (610) 338-0338\ Attom ys for Plaintiff Melendez/Norguard CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Stipulation of Counsel 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 May 26, 2009: Leo . Flynn, Esquire Martin s Mill Legal Center, LLC 6800 Martins Mill Road Philad elphia, PA 19111 Couns el for Plaintiff Cruz Paul . Schofield, Jr., Esquire 905 Sproul Road, Suite 105 Sprin field, PA 19064 Coun / for Plaintiff Melendez/Norguard JOHNSON, DUFFIE, STEWART & WEIDNER 4ieon J. S h i pfn an, Esquire Counsel for Defendants FILU OF ti's .?rAR` 2E'09 MAY 27 PI I: 4 f MAY 2 d Z009,? OMAR CRUZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2913 Civil Term DAVID S. MILLER and CIVIL ACTION - LAW JODI S. STANFIELD, Defendants JURY TRIAL DEMANDED JULIO MELENDEZ FOR THE USE AND BENEFIT OF NORGUARD INSURANCE CO., Plaintiff V. DAVID S. MILLER and JODI S. STANFIELD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3430 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2009, pursuant to the agreement of counsel and the executed Stipulation of Counsel, it is HEREBY ORDERED AND DECREED that the above-captioned matters are CONSOLIDATED. J. ???/??? + V - ??? ? ???? c? `?," ,,11?! ,,,,,r.?? ?'., , ?-? ; r r? ?_ l?I??' S?O? M OMAR CRUZ, Plaintiff V. DAVID S. MILLER and JODI S. STANFIELD Defendants JULIO MENDEZ FOR THE USE AND BENEFIT OF NORGUARD INSURANCE CO. Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2913 CIVIL (Consolidated with 08-3430 CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3430 CIVIL (Consolidated with 08-2913) CIVIL ACTION - LAW DAVID S. MILLER and JODI S. STANFIELD Defendants 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 Defendants David S. Miller and Jodi S. Stanfield in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claims of the Plaintiffs in this 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: Leo M. Flynn, Esquire (Plaintiff Cruz), Paul M. Schofield, Jr., Esquire Norguard Insuance, and Jefferson J. Shipman, Esquire (Defendants Miller and (Plaintiff Melendez for WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. y submitted, , DUFFIE STEWART & WEIDNE Date: July .?_, 2009 v-t6n1pm_A1T, E (quire - for Defendants Miller and Stanfield FILED- ? r' 1CE OF THE PR T I 'r'" MARY 2009 JUL 30 F 2= 56 444.00 p Am / A NOW, tgie / 64- .40 4j Esq. and captioned action r actions) as prayed for. ORDER OF COURT 2009, in consideration of the foregoing ill A petition, Esq., and C K Esq. are appointed arbitrators in the above- By Iva 372574 Edgar B. Bayley r 1f-- T}- N 2 6 0 9 AUri i too 9 i M OMAR CRUZ, PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. MILLER, DEFENDANT 08-2913 CIVIL TERM NORGUARD INSURANCE GROUP, PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. MILLER, DEFENDANT : 08-3430 CIVIL TERM ORDER OF COURT AND NOW, this `"2'" day of November, 2009, the appointment of Francis E. Marshall, Jr., Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Christopher E. Rice, Esquire, is appointed in his place. By Edgar B. Bayley, -4oger B. Irwin, Esquire Chairman Christopher E. Rice, Esquire Court Administrator -- R L sal ,?l :l COPOFS !_ _. r;; ??? ,y , ,?; ,,, - w '{ '?- Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com By: OMAR CRUZ, V. Plaintiff Attorneys for D tt??r,1ts_ I' , I Jf"i i . ` 2010 MAR 10 3: 41 " iv y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2913 Civil Term DAVID S. MILLER and CIVIL ACTION - LAW JODI S. STANFIELD, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. MARTIN'S MILL LEGAIMENTER Leo M. Flyn JOHNSON, DUFFIE, STEWART & WEIDNER B: eff r n J. Ship an DISCONTINUANCE CERTIFICATE AND NOW, this row- day of baw_h , 2010 suit has been marked as above directed. :393338 PROTHONOT 'A I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 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 March A ?', 2010: Leo M. Flynn, Esquire Martins Mill Legal Center, LLC 6800 Martins Mill Road Philadelphia, PA 19111 JOHNSON, DUFFIE, STEWART & WEIDNER h By: Mi elle H. Spangler