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Home My WebLink About08-3757 CURTIS C. JOHNSTON, ESQUIRE Attorney ID No. 64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5701 FAX 610.777.2499 cjohnston@forryullman.com Attorneys for Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff VS. LUIS A. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. C$ -,3r/5,7 3w, I (erm JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in a Civil Action of Law in the above-referenced matter. FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE DATE: June 24, 2008 1- CURTIS C. JOHNSTON, ESQUIRE Attorney ID No. 64059 FORRY ULLMAX 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 FAX 610.777.2499 cjohnston@forryullman.com STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff VS. LUIS A. RODRIGUEZ, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 08- 8Vi ( Term : JURY TRIAL DEMANDED SUMMONS IN CIVIL ACTION - LAW TO: LUIS A. RODRIGUEZ 102 Curvin Drive Harrisburg, PA 17112 You are notified that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY has commenced an action against you. Date: &klz OR By: ROTHO OTARY Deputy (SEAL) "0 J p c= 4?_ V QD co CURTIS C. JOHNSTON, ESQUIRE Attorney ID No. 64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 FAX 610.777.2499 cjohnston@forryullman.com STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff VS. LUIS A. RODRIGUEZ, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 08-3757 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly Reinstate the Writ of Summons issued in a Civil Action of Law in the above-referenced matter. FORRY ULLMAN C 0 f\- t w 4v?? CURTIS C. O STON, ESQUIRE DATE: August 4, 2008 y w CURTIS C. JOHNSTON, ESQUIRE Attorney ID No. 64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 FAX 610.777.2499 cjohnston@forryullman.com STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff VS. LUIS A. RODRIGUEZ, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 30757 bvi I b vi -Fem JURY TRIAL DEMANDED SUMMONS IN CIVIL ACTION - LAW TO: LUIS A. RODRIGUEZ 102 Curvin Drive Harrisburg, PA 17112 You are notified that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY has commenced an action against you. Date: 02 o FROM RECORD By : in Ted"N whaw- ? we unto sit my na$. of said Court at W"' Pa - P OTHON TARY Deputy " CbRTIS C. JOHNSTON, ESQUIRE Attorneys for Plaintiff Attorney ID No. 64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5701 FAX 610.777.2499 cjohnston@forryullman.com STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. DOCKET NO. 09- a157 C; Vi 11`ejV, LUIS A. RODRIGUEZ, ,.? Defendant JURY TRIAL DEMANDED c Hi PRAECIPE FOR SUMMONS _ -u ra Y TO THE PROTHONOTARY: - Kindly issue a Writ of Summons in a Civil Action oi'plaw in the above-referenced matter. FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE DATE: June 24, 2008 •oi- CURTIS C. JOHNSTON, ESQUIRE Attorney ID No. 64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 FAX 610.777.2499 clohnston@forryullman.com Attorneys for Plaintiff STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. DOCKET NO. N$ -3151 LUIS A. RODRIGUEZ, Defendant JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE Pursuant to Rule 402(b), I hereby accept service of the Writ of Summons in the above-captioned Civil Action on behalf of i Z`? , 2008. Defendant, Luis A. Rodriguez, as ofL 41 BY: Jars On M. Weinstock, II,. Esquire Date: S??IZA;J, ?j O -n ?- 4 ?? ' -? ?? _.3 ?"' d +.. ? ? -? - ;?C=; E..: --? ?? ? Y FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. LUIS A. RODRIGUEZ, Defendant CIVIL ACTION - LAW DOCKET NO. 08-3757 : JURY TRIAL DEMANDED Defendant intends to serve a subpoena identical to the subpoena attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. FORRY ULLMAN Dated: August 15, 2008 By: _ CURTIS C. JO STON, ESQUIRE r. FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. LUIS A. RODRIGUEZ, Defendant CIVIL ACTION - LAW DOCKET NO. 08-3757 : JURY TRIAL DEMANDED I, CURTIS C. JOHNSTON, ESQUIRE, and FORRY ULLMAN, attorneys for Defendants, certify that on August 15, 2008, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Jason M. Weinstock, II, Esquire Law Office of Ira H. Weinstock, P.C. 800 N. Second Street, Suite 100 Harrisburg, PA 17102 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: August 15, 2008 By: _ CAA?&? CURTIS C. VIINSTON, ESQUIRE e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND State Farm Mutual Automobile Insurance Company, Plaintiff vs. Luis A. Rodriquez, Defendant 08-3757 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Roadway Express, YRC Worldwide, Inc., 1077 Gorge Blvd., Akron, OH 44310 TO: (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: See attached Addendum. Forry Ullman, 540 Court Street, P.O. Box 542, Reading, PA 19603 at (Address) 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. TMS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: CURTIS C. JOHNSTON, ESQUIRE NAME: ADDRESSSin rnTmT 84 EET-' n_9 BOX 542 ? READING, P* H603 TELEPHONE: 6f&777-5700 SUPREME COURT ID# ATTORNEY FOR: Date: g)QlIp$ eal o the Court BY THE COURT: - 'co LOX0 Prothonotary, Civil Div ion Depu C ADDENDUM TO SUBPOENA TO PRODUCE DOCUKMENTS OR THINGS DATED AUGUST 6, 2008 DIRECTED TO ROADWAY EXPRESS Please produce copies of all inspection, maintenance, repair, and towing records pertaining to the subject tractor being driven by Mr. Rodriguez at the time of the alleged February 2, 2007 incident from the earliest record available through and to the present date. In addition, please produce any and all workman's compensation claim investigative documentation concerning the facts surrounding the alleged occurrence of Mr. Rodriquez' work injury on February 2, 2007, and any prior similar alleged incident occurring on June 2, 2006 for which he sought medical treatment. Please produce copies of all medical records, reports and corresponding bills, his personnel file, discipline history, attendance records, and all workers' compensation documentation relative to Mr. Rodriguez while an employee of Roadway Express to the present date. ' i ; ? .° _ ? ?; ,, : : :?? , . -: --? ;: ?= ? ca 4kh FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff vs. LUIS A. RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :DOCKET NO. 08-3757 JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: I. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to the Certificate; 3. Counsel for Plaintiff, Jason M. Weinstock, H, Esquire has agreed to waive the 20 day objection period relative to the Notice of Intent to Serve Subpoena. See Waiver of Twenty Day Notice of Intent to Serve Subpoena attached hereto. 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. FORRY, ULLMAN Dated: September 2, 2008 BY: 0 IxAtWE? CURTIS J HNSTON, ESQUIRE • FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. LUIS A. RODRIGUEZ, Defendant : CIVIL ACTION - LAW :DOCKET NO. 08-3757 JURY TRIAL DEMANDED 1, Curtis C. Johnston, Esquire, and Forry Ullman, hereby certifies that a copy of the Certificate Prerequisite to Service of a Subpoena, Cumberland County Subpoena to Produce Documents and Things, and Notice of Intent was mailed by first-class mail, postage prepaid, addressed as follows: Jason M. Weinstock, 11, Esquire Law Office of Ira H. Weinstock, P.C. 800 N. Second Street, Suite 100 Harrisburg, PA 17102 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to falsification to authorities. Dated: September 2, 2008 BY: 0 La?_ CURTIS . J HNSTON, ESQUIRE 40 FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. LUIS A. RODRIGUEZ, Defendant CIVIL ACTION - LAW DOCKET NO. 08-3757 : JURY TRIAL DEMANDED WAIVER OF TWENTY DAY OBJECTION PERIOD RELATIVE TO DEFENDANT'S NOTICE OF INTENT TO SERVE SUBPOENA I, Jason M. Weinstock, II, Esquire, counsel for Plaintiff, hereby agrees to waive the twenty (20) day objection period pursuant to Defendant's Notice of Intent to Serve a Subpoena, dated August 15, 2008, attached hereto. Dated: Z Z U By: J WEINSTOCK, II, ESQUIRE FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 n r.? J C y rn (i T 33, R ca Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. LUIS A. RODRIGUEZ, Defendant CIVIL ACTION - LAW DOCKET NO. 08-3757 JURY TRIAL DEMANDED Defendant intends to serve a subpoena identical to the subpoena attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. FORRY ULLMAN Dated: August 15, 2008 By: CURTIS C. JO STON, ESQUIRE FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney I.D. No. 64059 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. LUIS A. RODRIGUEZ, Defendant : CIVIL ACTION - LAW :DOCKET NO. 08-3757 : JURY TRIAL DEMANDED I, CURTIS C. JOHNSTON, ESQUIRE, and FORRY ULLMAN, attorneys for Defendants, certify that on August 15, 2008, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Jason M. Weinstock, H, Esquire Law Office of Ira H. Weinstock, P.C. 800 N. Second Street, Suite 100 Harrisburg, PA 17102 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: August 15, 2008 By: - ?A CURTIS C. O STON, ESQUIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND State Farm Mutual Automobile Insurance Company, Plaintiff vs. 08-3757 : File No. Luis A. Rodriquez, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Roadway Express, YRC Worldwide, Inc., 1077 Gorge Blvd., Akron, OH 44310 TO: (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: See attached Addendum. Forry Ullman, 540 Court Street, P.O. Box 542, Reading, PA 19603 at (Address) 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 malting 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: CURTIS C. JOHNSTON, ESQUIRE NAME: sen CO TrvT e•rui;B:F n r, "^X 542 ' ADDRESS• PEE,6?:PR4G, P* i9603 TELEPHONE: SUPREME COURT ID # 64059 ATTORNEY FOR: DEPEND= Date: S/66 &a 'Seal o the Court BY THE COURT: Prothonotary, Civil Div ion Depu S, ADDENDUM TO SUBPOENA TO PRODUCE DOCUKMENTS OR THINGS DATED AUGUST 6, 2008 DIRECTED TO ROADWAY EXPRESS Please produce copies of all inspection, maintenance, repair, and towing records pertaining to the subject tractor being driven by Mr. Rodriguez at the time of the alleged February 2, 2007 incident from the earliest record available through and to the present date. In addition, please produce any and all workman's compensation claim investigative documentation concerning the facts surrounding the alleged occurrence of Mr. Rodriquez' work injury on February 2, 2007, and any prior similar alleged incident occurring on June 2, 2006 for which he sought medical treatment. Please produce copies of all medical records, reports and corresponding bills, his personnel file, discipline history, attendance records, and all workers' compensation documentation relative to Mr. Rodriguez while an employee of Roadway Express to the present date. (~ ? °^J C, ?" 3 _ ?? _ ?rtt E'i 3 '' ---- t"S"Y t ?;? }. .. ._... ?`T3 ?,? . ,s SHERIFF'S RETURN - OUT OF COUNTY r? CASE NO: 2008-03757 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM MUTUAL INSURANCE CO VS RODRIQGUEZ LUIS A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RODRIGUEZ LUIS A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On August 21st , 2008 , this office was in receipt of the attached return from DAUPHIN .y _ Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 / Surcharge 10.00 R. Thomas line Dep Dauphin Co 49.25 Sheriff of Cum rland County Postgage 1.01 87.26 ?/ yI v,116 r 08/21/2008 FORRY ULLMAN ULLMAN FORRY Sworn and subscribe to before me this day of A. D. i ' In The Court of Common Pleas of Cumberland County, Pennsylvania State Farm Mutual Autanobile Insurance Company vs. Luis A. Rodriguez No. 08-3757 civil Now, August 6, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 20 , at o'clock M. served the copy of the original r f trg of the $Irer boa Mary Jane Snyder Real Estate Depu: William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS County of Dauphin LUIS A RODRIGUEZ Sheriffs Return No. 2008-T-1724 OTHER COUNTY NO. 08-3757 And now: AUGUST 15, 2008 at 11:58:00 AM served the within WRIT OF SUMMONS upon LUIS A RODRIGUEZ by personally handing to LUIS A RODRIGUEZ 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 102 CURVIN DRIVE HARRISBURG PA 17112 Sworn and subscribed to before me this 15TH day of August, 2008 AT4?? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi. Highspire, Dauphin County M Commission Expires Sent 1 2010 So Answers, Sheriff of D Coyty,&.* By Deputy Sheriff Deputy: T WONG Sheriffs Costs: $49.25 8/8/2008 CURTIS C. JOHNSTON, ESQUIRE Attorney ID No. 64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 FAX 610.777.2499 cjohnston@forryullman.com Attorneys for Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff VS. LUIS A. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 08-3757 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW WRIT OF SUb1MONS TO THE PROTHONOTARY: Kindly mark the Docket in the above-captioned matter to reflect that Plaintiff, State Farm Mutual Automobile Insurance Company, withdraws the Writ of Summons against Defendant, Luis A. Rodriguez, without prejudice. By: 0- VZ ? CURTIS JOHNSTON, ESQUIRE November 12, 2008 l r C7'r