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HomeMy WebLinkAbout08-3682ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. b$ 3(agq -T; CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ORIGINAL 385111 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number 717- 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para. used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telefono- 717- 249-3166 385111 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. O P. 34 *OZ t;-?J 7L' CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Nicole Frederico is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Enola, Cumberland County, Pennsylvania. 2. Defendant Brian Levin is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 507 Joel Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The facts and occurrences hereinafter related took place on or about October 13, 2007, at approximately 4:21 a.m. on Route 15, Lower Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Nicole Frederico was a passenger in the backseat of the vehicle driven by Defendant Brian Levin. 5. Defendant Brian Levin was operating a 1999 Chevrolet Blazer in a westbound direction and was traveling in the right lane of travel on Route 15. 6. At that time and place, Defendant Brian Levin was arguing with another passenger and in the course of that argument Defendant Brian Levin lost control of his vehicle, causing it to leave the roadway and roll over several times. 385111 7. As a result of Defendant Brian Levin losing control of his vehicle, Ms. Frederico sustained bodily injuries. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Nicole Frederico are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Brian Levin operated his motor vehicle as follows: a) failure to stay within his lane of travel; b) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; c) failure to keep proper and adequate control over his vehicle; and d) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 9. Plaintiff Nicole Frederico sustained painful and severe injuries, which include but are not limited to a deep laceration to the right side of her body which caused substantial blood loss. 10. By reason of the aforesaid injuries sustained by Plaintiff Nicole Frederico, she was forced to incur liability for medical treatment and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Nicole Frederico has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 12. Plaintiff Nicole Frederico continues to be plagued by persistent pain and limitation and, therefore, avers that her scar is permanent, causing residual problems for the remainder of her lifetime, and claim is made therefor. 13. As a result of the aforesaid injuries, Plaintiff Nicole Frederico has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 385111 2 14. As a result of the aforesaid accident, Plaintiff Nicole Frederico has sustained a large scar which has resulted in a permanent and serious disfigurement, and claim is made therefor. WHEREFORE, Plaintiff Nicole Frederico demands judgment against Defendant Brian Levin in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: f ^ , \ q ?? l? ANG O & ROVNER, P.C. AUM VI V David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 395111 3 VERIFICATION I, Nicole Frederico, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: Dated: ,gf l G kl 385111 c: 11 AA ?} } bIr (? cv SHERIFF'S RETURN - REGULAR CASE NO: 2008-03682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FREDERICO NICOLE VS LEVIN BRIAN SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEVIN BRIAN the DEFENDANT , at 1050:00 HOURS, on the 28th day of June , 2008 at 507 JOEL DRIVE MECHANICSBURG, PA 17050 BRIAN LEVIN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 22.00 Affidavit .00 Surcharge 10.00 .00 5 0 . 0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/30/2008 ANGINO & ROVNER By: 4, ? 44 Deputy ff?feriff A. D. ON 1% 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 NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3682 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant Brian Levin in the above-captioned matter. JOHNSPNI DUFFIE, STEWART & WEIDNER By: Date: July 23, 2008 Jeffrsori J. Shipman(, Esquire Attkrney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant .10. 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 July 23, 2008: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER J. Shipman, Esquire 339353 r.? CD w: Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire L D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com NICOLE FREDERICO, Plaintiff V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3682 Civil BRIAN LEVIN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO NEW MATTER TO: Brian Levin c/o David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 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. JOHNSON/ DUFFIE, STEWART & WEIDNER Date: August 13, 2008 By: Je rson V. Shipman; Esquire A rney I.D. No. 51785 3 1 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire L 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 Defendant NICOLE FREDERICO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN LEVIN, NO. 08-3682 Civil Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Brian Levin, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. 7. Admitted in part; denied in part. It is admitted that Ms. Frederico sustained an injury. The remaining averments of the paragraph number 7 are denied as stated. 8. Denied. The averments contained in paragraph number 8 and subparagraphs (a) through (d) 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 Mr. Levin was negligent in allegedly failing to stay within his lane of travel; (b) Denied. It is specifically denied that Mr. Levin was negligent in allegedly failing to drive his vehicle with due rights and regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (c) Denied. It is specifically denied that Mr. Levin failed to keep proper and adequate control over his vehicle; and (d) This subparagraph has been stricken from Plaintiffs Complaint per Stipulation of Counsel. 9. Denied. After reasonable investigation, Mr. Levin is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 9 relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 2 10. Denied. After reasonable investigation, Mr. Levin is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 relating to Plaintiffs alleged medical treatment and the same are therefore denied, and strict proof is demanded at the time of trial. 11. Denied. After reasonable investigation, Mr. Levin is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 11 relating to Plaintiffs alleged damages and the same are therefore denied, and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, Mr. Levin is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 12 relating to Plaintiffs alleged scarring and the same are therefore denied, and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Levin is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 13 relating to Plaintiffs alleged humiliation and embarrassment and the same are therefore denied, and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Levin is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 relating to Plaintiffs alleged scarring and permanent and serious 3 disfigurement and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Brian Levin respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant Brian Levin interposes the following new matter. defenses: 15. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 17. That the Plaintiff may have assumed the risk of her injuries. 18. That the Plaintiffs alleged cause of action and the accident which is the subject of same was caused by a third party namely Donald E. Meck, who is currently not a party to the case. 19. That if it should be found that there was any negligence on the part of Brian Levin, which is denied, then in that event any such negligence was not a substantial factor nor a factual cause of the happening of this accident. 4 WHEREFORE, the Defendant Brian Levin respectfully requests that judgment be entered in his favor and that the Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER J rson J. Shipmari, Esquire A rnev I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: August 13, 2008 5 VERIFICATION I, Brian Levin, 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. Date: OC6 ,-n ?Oq 340262 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 August 13, 2008: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER on J. Shipman, Esquire 340209 n i ll"?l s.7S?'k q "-i .?. tWs cj% `:til "V' a Johnson, Duffie, 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 Defendant NICOLE FREDERICO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3682 Civil BRIAN LEVIN, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between David L. Lutz, Esquire, counsel for Plaintiff, and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraph (d) of paragraph 8 is hereby stricken and deleted from Plaintiffs Complaint. ANGINO & R4VNER; P.C. JOHNSON, DUFFIE, STEWART & WEIDNER David L. q re Attorney I L9. No. 6 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Date: T J erfJ. Shipman, Esquire orney I.D. No. 51785 3 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Date: V/ r 10e 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 August 13, 2008: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER e I.D. #. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Je rson J. Shipman, Esquire 340181 ? `"3 rr - _- ,_ _ , ?; i.$., - ?' '? ' 4? t ??. c _ - - x , ,`'. _, _, ?? } G 4..1 - Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjsCcDjdsw.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3682 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ of Summons to Join Additional Defendant in the above captioned matter against: Donald Eugene Meck 1763 North Williamson Road Covington; Tioga County; Pennsylvania 16917 Respectfully submitted, JOHNSPM DUFFIE, STEWART & WEIDNER Date: August 13, 2008 J erd6n J. Shipman, Esquire orney I.D. No. 51785 T1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 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 Defendant NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3682 Civil CIVIL ACTION - LAW V. DONALD E. MECK, Additional Defendant JURY TRIAL DEMANDED WRIT TO JOIN ADDITIONAL DEFENDANT TO: Donald E. Meck 1763 North Williamson Road Covington, PA 16917 You are notified that Defendant Brian Levin has joined you as an Additional Defendant in this action, which you are required to defend. othonotary/CI ivision Date: By Deputy .s Y CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Writ of Summons to Join Additional Defendant 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 August 13, 2008: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER e 333571 i... R.? `_ fT1 b.;y CIO ?'?: ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD E. MECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3682 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT BRIAN LEVIN'S NEW MATTER 15. through 19. Defendant Levin's New Matter, paragraphs 15 through 19, fails to set forth factual allegations that require the Plaintiff to admit and/or deny said factual allegations. All of the allegations contained in Defendant Levin's New Matter are conclusions of law. The factual allegations contained in the Plaintiff's Complaint are incorporated herein by reference. The Plaintiff was a passenger in a vehicle driven by Defendant Levin and, therefore, cannot be held to have contributed to the accident or assumed the risk of injury. 391406 WHEREFORE, the Plaintiff respectfully requests that Defendant Levin's New Matter be dismissed. Date: S' ?? -& ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 391406 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT LEVIN'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, et al. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Donald E. Meck 1763 North Williamson Road Covington, PA 16917 Dated: (? , ? q V; ary T. raets 391406 . 71, ,. t ll G3 F v { l "Ct .. co `?7 SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2008-03682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FREDERICO NICOLE VS LEVIN BRIAN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: MECK DONALD E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of TIOGA serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On September 5th , 2008 this office was in receipt of the attached return from TIOGA Sheriff's Costs: So an ers: Docketing 18.00 Out of County 9.00 r Surcharge 10.00 R. "as as Kline Dep Tioga County 55.06 S ri of Cumberland County Postage 1.52 93.58 ?- 9/IF 09/05/2008 JOHNSON DUFFIE STEWART Sworn and subscribe to before me this day of , ..ter ..rrr .wYr A. D. I, SHERIFF OF CUMBERLAND COUNTY, PA, do In The Court of Common Pleas of Cumberland County, Pennsylvania Nicole Frederico - VS - Brian Levin VS. Donald E. Meck 20, at o'clock M. served the Now, August 15, 2008 hereby deputize the Sheriff of Tioga deputation being made at the request and risk of the Plaintiff. Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon Don a i d C rou at Fn by handing to DQt1(1 a JTtY, n f LI . L (=. & copy of the original I1. o-h 6e m r) l a Ln e and made known to h i rn the contents thereof. So answers, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jill R. McNett, Notary Public Wellsboro Boro, Tioga County My Commission Bores July 14, 2009 Member, Pennsylvania Association of Notaries Sworn and subscribed before ?- cam`, 20n_ me this Lq ?ilay of Ai(- No. 08-3682 civil County to execute this Writ, this Sheriff of Cumberland County, PA Pluti Alleal i - Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT Office Phone: 570-724-3491 THOMAS G. SMITH Chief Deputy NICOLE FREDERICO VS DONALD E MECK NOW, August 27 NOTICE / COMPLAINT upon DONALD E MECK at ENGLISH LANE COVINGTON,PA 16917 by handing to DONALD E MECK WRIT TO JOIN ADDITONAL DEFFENDANT a true and attested copy of the original NOTICE / COMPLAINT WRIT TO JOIN ADDITONAL DEFFENDANT and made known to HIM the contents thereof. 2 ATTEMPTS- COVINGTON TWP So answers, Sheriff Deputy Sheri Sworn and Subscribed before me this 4qth day of 4U0 c?sE- 2008' c COMMONWEALTH OF PENNSYLVANIA Notaftl Seal Jill R. Mc!4W, NOW Public Welisboro Boro, Tioga County My Commission Expires July 14, 2008 Member, Pennsylvania Association of Noted" TIOGA COUNTY SHERIFF'S OFFICE JOHN L. PERRY, SHERIFF 116 MAIN STREET Prison Phone: WELLSBORO, PENNSYLVANIA 16901 570-724-5911 PLAINTIFF DEFENDANT SHERIFF'S RETURN P - 476-08 No: CUMBERLAND COUNTY SHERIFF BRUCE CAHILLY Solicitor Writ: NOTICE / COMPLAINT WRIT TO JOIN ADDITONAL DEFFENDANT 2008 at 11:00 AM served the within F I -% Office Phone: 570-724-3491 THOMAS G. SMITH Chief Deputy TIOGA COUNTY SHERIFF'S OFFICE JOHN L. PERRY, SHERIFF 116 MAIN STREET WELLSBORO, PENNSYLVANIA 16901 RETURN OF SERVICE ATTORNEY/PLAINTIFF NOTIFICATION CUMBERLAND COUNTY SHERIFF JOHNSON, DUFFIE, STEWART & WE ONE COURTHOUSE SQUARE CARLISLE PA 17013 NICOLE FREDERICO VS DONALD E MECK PLAINTIFF DEFENDANT Prison Phone: 570-724-5911 BRUCE CAHILLY Solicitor P - 476-08 No: CUMBERLAND COUNTY SHERIFF Writ: NOTICE / COMPLAINT WRIT TO JOIN ADDITONAL DEFFENDANT Served: DONALD E MECK by handing to DONALD E MECK August 27, 2008 11:00 AM ENGLISH LANE COVINGTON,PA 16917 2 ATTEMPTS- COVINGTON TWP So Answers NICHOLAS A MONTEFUSCO, DEPUTY SHERIFF Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Additional Defendant Donald E. Meck NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 08-3682 -CIVIL TERM DONALD EUGENE MECK, Additional Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT THE PROTHONOTARY: Kindly issue a Rule upon Defendant, Brian Levin, to file a Complaint within twenty (20) days or suffer Judgment of Non Pros. Date: ! 1? o Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Tddd B. Narv , Esquire Attorney I. o. 42136 Marc A. yer, Esquire Attorney No. 76434 305 North Front Street, 6 h Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Additional Defendant Donald Eugene Meck Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Additional Defendant Donald E. Meck NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 08-3682 -CIVIL TERM DONALD EUGENE MECK, Additional Defendant JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this " day of f , 2008, a Rule is entered upon Defendant to file a Complaint within twenty (20) days after service of this Rule by the Additional Defendant. o,rg "PROTHONOTARY CERTIFICATE OF SERVICE ?pth On this 41 1 day of September 2008, I, Jennifer L. Deitch, a legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR RULE TO FILE COMPLAINT upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorney for Plaintiff Jefferson Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant vwr`"9- Jell fer L. Dei ch, Legal Secretary at d-rhj to Marc A. Moyer, Esquire :628797.1 T • f'il _ Y M ? Y? ? • 1 r CD (.' L-4 _ Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD EUGENE MECK, Additional Defendant (717) 237-7133 - direct tnarvol@thlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Additional Defendant Donald E. Meck IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 08-3682 -CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd B. Narvol, Esquire, Marc A. Moyer, Esquire, and Thomas, Thomas & Hafer, LLP, 305 North Front Street, 6th Floor, P.O. Box 999, Harrisburg, PA 17108, on behalf of Additional Defendant Donald Eugene Meck. We are not authorized to accept service of original process. Respectfully submitted, Date: 1 / T /O OMAS & HAFER, LLP Todd B. ol, Esquire Attorne .D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No.: 76434 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Additional Defendant Donald E. Meck CERTIFICATE OF SERVICE On this Aq day of September, 2008, I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorney for Plaintiff Jefferson Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Je ' er L. Del ch, Legal .Secretary to Marc A. Moyer, Esquire :628806.1 C. c- ? -n rT- 71 " rte V ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD E. MECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3682 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT DONALD E. MECK - SET NO. 1 To: Additional Defendant Donald E. Meek, by and through counsel Todd Narvol, Esquire/Marc Moyer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 394537 4 1. Do you admit that you were a front-seat passenger in a 1999 Chevrolet Blazer when involved in a motor vehicle accident on October 13, 2007? Admit Deny 2. Do you admit that at the time of the subject motor vehicle accident, Brian Levin was operating the 1999 Chevrolet Blazer in a westbound direction and was traveling in the right lane of travel on Route 15? Admit Deny 3. Do you admit that Brian Levin lost control of his vehicle, causing it to leave the roadway and roll several times? Admit Deny 4. Do you admit that you did nothing to contribute to Brian Levin losing control of his vehicle in the subject motor vehicle accident? Admit Deny Date: U? ANGINO & ROVNFR, P.C. t-V Da"' . Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 -fax dlutz@angino-rovner.com Attorney for Plaintiff 394537 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT DONALD E. MECK - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffic, et al. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Todd B. Narvol, Esquire Marc Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Additional Defendant 1 + M Mary Geraets SS??W Dated: 394537 t . C ?rry C"7 y°y'y V • ?`1 1 ? M ?i?ln ? .., y L V F a ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD E. MECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-3682 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT BRIAN LEVIN - SET NO 1 To: Defendant Brian Levin, by and through counsel Jefferson Shipman, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 394535 1. Do you admit that on October 13, 2007, you were involved in a motor vehicle collision on Route 15, Lower Allen Township, Cumberland County, Pennsylvania? Admit Deny 2. Do you admit that at the time of the subject collision, you were operating a 1999 Chevrolet Blazer in a westbound direction and traveling in the right lane of travel of Route 15? Admit Deny 3. Do you admit that at the time of the subject collision, Plaintiff Nicole Frederico was a passenger in the backseat of the 1999 Chevrolet Blazer? Admit Deny 4. Do you admit that as you were operating the 1999 Chevrolet Blazer in the right lane of Route 15, you lost control of the vehicle? Admit Deny 394535 5. Do you admit that at the time of the subject motor vehicle accident, the 1999 Chevrolet Blazer left the right lane of Route 15 and rolled several times? Admit Deny Date: 1U' ?-06' ANGINO & ROVNER, P.C. David L. Lutz I.D. No.35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 394535 . i CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT BRIAN LEVIN - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, et al. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Todd B. Narvol, Esquire Marc Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Additional Defendant Dated: 394535 lam, c:.? -- cx? ??i?' p ..?{ ,: 't3 _, 1 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 Defendant Levin NICOLE FREDERICO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN LEVIN, NO. 08-3682 Civil Defendant V. DONALD E. MECK Additional Defendant JURY TRIAL DEMANDED 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 "ISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes p6ginas, debe tomar accibn dentro de los prbximos veinte (20) dias despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 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 Defendant Levin NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3682 Civil DONALD E. MECK Additional Defendant JURY TRIAL DEMANDED JOINDER COMPLAINT AND NOW, comes the Defendant, Brian Levin, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and avers as follows: 1. On or about June 4, 2008, Plaintiff Nicole Federico filed a Complaint against Defendant Brian Levin in connection with a motor vehicle accident which occurred on October 13, 2007. . M 2. Defendant Brian Levin filed an Answer with New Matter on August 14, 2008. 3. On October 13, 2007, Brian Levin was operating his vehicle southbound on Route 15. 4. Brian Levin had three passengers in his vehicle: Plaintiff Nicole Federico (in the back seat); Benjamin Irvin (also in the back seat); and Additional Defendant Donald E. Meck (in the front passenger's seat). 5. As Brian Levin proceeded southbound on Route 15, Donald E. Meck was negligent and careless in the following manner which caused Mr. Levin's vehicle to turn sideways: (a) distracting Mr. Levin in the operation of the vehicle; (b) reaching for and moving/controlling the steering wheel of the vehicle; (c) moving about the interior of the vehicle; and (d) making contact with Mr. Levin while he was operating the vehicle. 6. Despite Mr. Levin's efforts to correct the vehicle, the vehicle overturned. 7. Plaintiff Nicole Frederico alleges that she sustained injuries as a result of the crash. 8. The accident was caused solely by the reckless and negligent actions of Donald E. Meck which caused Plaintiff Nicole Frederico to allegedly sustain injuries. WHEREFORE, Defendant Brian Levin avers that if he is liable to Plaintiff Nicole Frederico, which liability is denied, then in that event, the Additional Defendant Donald 2 E. Meck is solely liable to Plaintiff Frederico or liable over to the Defendant on Plaintiff's claim, or in the alternative, liable to the Defendant for contribution and/or indemnification. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4 J ersAl L on J. Shipman, Esquire A orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: October 8, 2008 3 VERIFICATION 1, Brian Levin, have read the foregoing Complaint 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. Date: 0 2 a'i 340252 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Joinder Complaint 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 October 8, 2008: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attomeys for Plaintiff Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Additional Defendant Mack JOHNSON, DUFFLE, STEWART & WEIDNER J erson J. Shipman 340780 w.Y? r _ ? !. ? ? r- c:.:; ^ _ E :? ? + ,r„ ..?? "' ; f"t . n '? tT? ,-. ? ,,y,, ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD E. MECK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3682 Civil Term CIVIL ACTION - LAW Additional Defendant JURY TRIAL DEMANDED DEFff MW' S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT BRIAN LEVIN - SET NO I To: Defendant Brian Levin, by and through counsel Jefferson Shipman, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 394535 x 1. Do you admit that on October 13, 2007, you were involved in a motor vehicle collision on Route 15, Lower Allen Township, Cumberland County, Pennsylvania? Admit _ X Deny 2. Do you admit that at the time of the subject collision, you were operating a 1999 Chevrolet Blazer in a westbound direction and traveling in the right lane of travel of Route 15? Admit X Deny 3. Do you admit that at the time of the subject collision, Plaintiff Nicole Frederico was a passenger in the backseat of the 1999 Chevrolet Blazer? Admit X Deny 4. Do you admit that as you were operating the 1999 Chevrolet Blazer in the right lane of Route 15, you lost control of the vehicle? Admit Deny X Additional Defendant Meck was negligent and caused the accident. 394535 5. Do you admit that at the time of the subject motor vehicle accident, the 1999 Chevrolet Blazer left the right lane of Route 15 and rolled several times? Admit x Deny ANGINO & ROVNER, P.C. Date: David L. Lutz I.D. No.35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4Afto J. Shipm n, Esquire y I.D . No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Levin Date: October 15, 2008 394535 VERIFICATION I, Brian Levin, have read the foregoing Response to Request for Admissions of Plaintiff 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. Brian Levi Date: J t 1 sot 340252 f qk. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Response to Requests for Admission 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 October 15, 2008: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Marc A. Moyer, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Additional Defendant Donald E. Meck JOHNSON, DUFFIE, STEWART & WEIDNER r By effrs n J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 333571 N -n F i ? r ,? (y"1 , i ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD E. MECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3682 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT DONALD E. MECK - SET NO.2 To: Additional Defendant Donald E. Meck, by and through counsel Marc Moyer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 401964 1. Do you admit that you were a front-seat passenger in a 1999 Chevrolet Blazer operated by Defendant Brian Levin when involved in a motor vehicle accident on October 13, 2007? Admit Deny 2. Do you admit that immediately before the subject motor vehicle accident, Brian Levin was operating a 1999 Chevrolet Blazer in a westbound direction on Route 15 and lost control of the vehicle, causing it to leave the roadway and roll several times? Admit Deny 3. Do you admit that before the 1999 Chevrolet Blazer left the roadway and rolled several times, you touched the steering wheel of the 1999 Chevrolet Blazer being operated by Brian Levin? Admit Deny Date: ,- \!<? , 0"k ANGINO & ROVNER, P.C David "Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 401964 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT DONALD E. MECK - SET NO. 2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, et al. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Marc Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Additional Defendant I?. Mary T. Geraets Dated: 1'- 1 Ci 401964 ? x • ,.i I",d C Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Additional Defendant Donald E. Meck NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. DONALD EUGENE MECK, Additional Defendant NO.: 08-3682 -CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: I. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about March 16, 2009 to serve subpoenas upon Hershey Medical Center, Holy Spirit Hospital, Silver Creek Family Health, Lower Allen EMS, West Shore EMS, Internal Medicine of Mechanicsburg, Lower Allen Township Police Dept., and Motors Mutual Insurance Co. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these subpoenas has been waived by counsel for Plaintiff, as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP t? ? Date: By: ;?, MAR A. MOYER, Q7UI Attorney I.D. No. 76434 COUNSEL FOR DEFENDANT 686956.1 NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, V. Defendant DONALD EUGENE MECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 08-3682 -CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO'SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon Hershey Medical Center. Holy Spirit Hospital, Silver Creek Family Health, Lower Allen EMS, West Shore EMS, Internal Medicine of Mechanicsburg, Lower Allen Township Police Department and Motors Mutual Insurance Company. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. THOMA,tS, THOMAS & HAFER, LLP Mt, A. Mo , Esquire Attorney I., r No. 76434 305 Nort ront Street P. 0. Bo 999 Harrisburg, PA 17108 (717) 441-3960 Date: NICOLE FREDERICO, Plaintiff BRIAN LEVIN, V. Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.: 08-3682 -CIVIL TERM DONALD EUGENE MECK, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center, 500 University Drive, Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical ohart/file regarding Nicole A. Frederico (DOB 12/24/88) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports. radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.), prescdtions, telephone call messages, correspondence. -psychological and/or psychiatric records, reports/correspondence/notes. etc. from her very first visit to the present. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD EUGENE MECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 08-3682 -CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ho1v Spirit Hosiptal, 503 N. 21st Street, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical ghart/file regarding Nicole A. Frederico (DOB 12/24/88) including but not limited to: office notes. doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports. radiological reports and films (i.e., x-rays, MRIs. CT scans, etc.). prescriptions, telephone call messages. correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD EUGENE MECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.: 08-3682 -CIVIL TERM : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Creek Family Health, 310 N. Salem Church Road, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical ghart/file regarding Nicole A. Frederico (DOB 12/24/88) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. 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 parry 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff BRIAN LEVIN, V. Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW : NO.: 08-3682 -CIVIL TERM DONALD EUGENE MECK, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen EMS, 1993 Hummel Avenue, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical rhart/file regarding Nicole A. Frederico (DOB 12/24/88) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical theraRy records/reports. radiological reports and films (i.e., x-rays. MRis, CT scans. etc.), prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff BRIAN LEVIN, V. Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 08-3682 - CIVIL TERM DONALD EUGENE MECK, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS, 205 Grandview Avenue, Suite 211, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Nicole A. Frederico (DOB 12124/88) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays. MRIs. CT scans, etc.). prescriptions, telephone call messages, correspondence. psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff v. BRIAN LEVIN, Defendant V. DONALD EUGENE MECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 08-3682 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Internal Medicine of Mechanicsburg, 6 Market Plaza Way, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of the entire medical chart/file regarding Nicole A. Frederico (DOB 12/24/88) including but not limited to: office notes, doctor's records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiological reports and films (i.e., x-rays, MRIs. CT scans, etc.). prescriptions, telephone call messages, correspondence, psychological and/or psychiatric records, reports/correspondence/notes, etc. from her very first visit to the present. 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 parry 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff BRIAN LEVIN, V. Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO.: 08-3682 -CIVIL TERM DONALD EUGENE MECK, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township Police Dent., 2233 Gettvsburg Rd., Camp Hill, PA 17011 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 documents, photographs. diagrams, videotapes, audio tapes and/or all other documentation including investigations regarding Incident No. 20071000648 for an accident which occurred on 10/13/07. 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD EUGENE MECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 08-3682 - CIVIL TERM : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Motors Mutual Insurance Co., 471 East Broad Street, Columbus, Obio 43215 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: M and all claims file materials. including but not limited to medical records, log notes, claims information, payout information, and all other documents without limitation, with respect to Policy No: 7676-06-4665 02A for an accident which occurred on 10/13/07. 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 parry 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: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-3960 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendants Barbara Stodter and Dean Stodter BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s). by depositing the same in the United States Mail. postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Jefferson Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 THOMAS, THOMAS & HAFER, LLP n i 1 Date: RE EE K COO T, PARALEGAL i 677334.1 A:NGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1799 717/2386791 FAX 717/2385610 W W W.ANGINO•ROVNER.COM EMAIL: DLUTZ@ANGINO-ROVNER.COM March 11, 2009 Marc Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street P. 0. Box 999 I;arrshw, b P n ' ?1 OQ_0994 Re: Frederico v. Levin v. Meek Dear Marc: RICHARD C. ANGINO MICHAEL. E. KOSIK NEIL J. ROVNER RICHARD A. SAOLOCK JOSEPH M. MELILLO LISA M. B. WOODBURN DAVID L. LUTZ DARYL E. CHRISTOPHER Receipt of your March 6, 2009, correspondence is acknowledged. I waive the 20-day notice requirement. Please send me a copy of the police report and written statements upon receipt. I also have no objection to taking Ben Irvin's deposition the same day that Nicole Frederice's deposition is taken. Very truly yours, David L. utz DLL:mtg cc Jeff Shipman, Esquire 405967 CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorney for Plaintiff Jefferson Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant THOMAS, THOMAS & HAFER, LLP I r oq Date: s RENEE K. COONRADT, PARALEGAL FILE OF THE 2009 APR 16 A 11: S 4 CUP:" .: ????Y ANGINO & ROVNER, P.C. By: David L. Lutz, Esquire I.D. No. 35956 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 NICOLE FREDERICO, Plaintiff V. BRIAN LEVIN, Defendant V. DONALD E. MECK, Additional Defendant CIVIL ACTION - LAW NO. 08-3682 Civil JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied, settled and discontinued with prejudice. ANGINO & ROVNER, P.C. By: L. Lutz, Esquire Attorney I.D. No. 35956 4503 North Front Street Harrisburg, PA 17110-1708 Telephone (717) 238-6791 Date: ` Attorneys for Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F1?EE..,; f,'u OF THE 1099 AUG 26 fill 3: 25 ??G'',Jky+