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HomeMy WebLinkAbout08-6571ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 CNit letm : 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. 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 Assoc. 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 394517 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mks adelante en las siguientes piginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuis 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 aqua 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 sums 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 m4s 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 SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Assoc. 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 394517 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D p- G57/ C T- JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Michael and Cynthia Myrick are adult individuals and citizens of the Commonwealth of Pennsylvania, who reside at 211 Scotch Pine Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant Alexandria Becker is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 100 Lavynndon Lane, Mechanicsburg, Cumberland County, PA 17055. 3. The facts and occurrences hereinafter related too place on December 15, 2006, on Williams Grove Road, Upper Allen Township, Cumberland County, Pennsylvania. 394517 4. Williams Grove Road in the area of the accident is a straight, two-lane road, with one northbound lane and one southbound lane with a posted speed limit of 35 miles per hour up to and through the intersection where the accident occurred. 5. In the area of the accident, a four way intersection is formed by Sinclair Road which intersects with Williams Grove Road from the west and Diehl Road which intersects with Williams Grove Road from the east. 6. At that time and place, Plaintiff Michael Myrick was operating his 1997 Saturn SL-2 south on Williams Grove Road towards Williams Grove. 7. Southbound traffic ahead of Plaintiff Michael Myrick had to come to a complete stop for a motorist who was turning left onto Diehl Road with Plaintiff Michael Myrick being the last vehicle in line. 8. At that time and place, Defendant Alexandria Becker was operating a 2007 Volkswagen Jetta southbound on Williams Grove Road behind Plaintiff Michael Myrick. 9. At that time and place, Defendant Alexandria Becker failed to pay attention to the traffic on the highway as well as ahead of her, and suddenly and without warning, violently slammed into the rear of Plaintiff Michael Myrick's vehicle. 10. At that time and place, a violent collision occurred between the front portion of Defendant Alexandria Becker's vehicle and the rear portion of Plaintiff Michael Myrick's vehicle. 11. At that time and place, a second violent collision occurred when Plaintiff Michael Myrick's car was pushed forward into the rear of the car directly in front of him. 394517 12. The forgoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Michael Myrick is the direct and proximate result of the negligent, careless and reckless manner in which Defendant Alexandria Becker operated her vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (c) failure to stop and yield to traffic; (d) failure to travel at a safe speed; (e) failure to apply her brakes insufficient time to avoid striking the rear of the Myrick vehicle; (f) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and which she was or should have been aware; (g) failure to keep proper and adequate control over her vehicle; and (h) driving her 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. CLAIM I MICHAEL MYRICK V. ALEXANDRIA BECKER 13. Paragraph 1 through 12 of the Complaint are incorporated herein by reference. 14. Plaintiff Michael Myrick sustained painful and severe injuries which include but are not limited to low back injury resulting in a therapy, injections, and ultimately surgery at multiple levels of his lumbar spine as well as severe shock to his body and nervous system. 15. By reason of the aforesaid injuries sustained by Plaintiff Michael Myrick, he was forced to incur liability for the medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 394517 16. Because of the nature of his injuries, Plaintiff Michael Myrick has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff Michael Myrick has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 18. Plaintiff Michael Myrick continues to be plagued by persistent pain and limitations and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Michael Myrick has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 20. As a result of aforesaid injuries, Plaintiff Michael Myrick has sustained uncompensated work loss, and claim is made therefor. WHEREFORE, Plaintiff Michael Myrick demands judgement against Defendant Alexandria Becker 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. CLAIM II CYNTHIA MYRICK V. ALEXANDRIA BECKER 21. Paragraph 1 through 20 of the Complaint are incorporated herein by reference. 22. As a result of the aforementioned injuries sustained by her husband, Plaintiff Michael Myrick, Plaintiff Cynthia Myrick has been and may in the future be deprived of the 394517 care, companionship, consortium, and society of her husband all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiff Cynthia Myrick demands judgement against Defendant Alexandria Becker in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amougjL, ggjxj?lg compulsory arbitration. P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: 394517 VERIFICATION I, MICHAEL MYRICK, do swear and affirm that the facts set forth in the foregoing COMPLAINT 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 the Rules of Civil Procedure relating to unworn falsification to authorities. makwv' MICHAEL MYRICK Dated: /0.1,3/ 40Z _ rn r ^i SHERIFF'S RETURN - REGULAR CASE NO: 2008-06571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYRICK MICHAEL ET AL VS BECKER ALEXANDRIA MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BECKER ALEXANDRIA the DEFENDANT , at 0900:00 HOURS, on the at 100 LAVYNNDON LANE MECHANICSBURG, PA 17055 JACQUELINE BECKER, MOTHER 8th day of November , 2008 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Postage .59 Surcharge 10.00 .00 39.59 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/12/2008 ANGINO & ROVNER By. -? ??/, Dep ty eriff A. D. 08-020412 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, ALEXANDRIA BECKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Myrick and Cynthia Myrick, his wife, r ase No.: 08-6571 Civil Term Plaintiffs vs. Alexandria Becker, URY TRIAL DEMANDED Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Alexandria Becker, in the above- captioned matter. Respectfully submitted, LAW OFFICE 011 SNYDER & DORER Date: November 17, 2008 JoAnne R. Kin*l, Esquire Snyder orer 214 Sent Avenue, Suite 503 Camp Hill, PA 17011 Court I.D. 55453 Attorney for Defendant 1108-020412 . LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 4 ? r ATTORNEY FOR DEFENDANT, ALEXANDRIA BECKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Myrick and Cynthia Myrick, his wife, r ase No.: 08-6571 Civil Term Plaintiffs VS. Alexandria Becker, URY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Date: November 17, 2008 JoAnne E. inzel, Esquire Attorney f Defendant -t r'O to 08-020412 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, ALEXANDRIA BECKER IN THE COURT OF COMMON I CUMBERLAND COUNTY, PENNSYLVANIA Michael Myrick and Cynthia Myrick, his wife, ase No.: 08 6571 Civil Term Plaintiffs Vs. Alexandria Becker, URY TR DEMANDED Defendant ANSWER WITH NEW MATTER ?F DEFENDANT, I AI.F.XANDRIA BECKER. TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendant, Alexandria Beck r, by her attorney, JoAnne E. Ki Esquire, and sets forth the following Answer to the Plaintiffs' Complaint: 1. After reasonable investigation, the Defend t is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1 of the Complaint. Therefore, they are denied and strict proof is d manded. 2. Paragraph 2 of the Complaint is admitted. 3. The allegations in paragraph 3 of the Complaint are denied generally pursuant to Pa.R.C.P. §1029(e). 4.-5. Paragraphs 4 and 5 of the Complaint are admitted. 6.-7. After reasonable investigation, Defendant i without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6 of the Complaint. Therefore, they are denied and strict proof is demanded. 8. Paragraph 8 of the Complaint is admitted. 9.-12. The allegations in paragraph 9 through 12 of d subparagraphs 12(a) through 12(h), are denied generally purs, CLAIM I 13. In response to paragraph 13 of the Complains by reference paragraphs 1 through 12 above as though set ft 14.-20. After reasonable investigation, Defendant is sufficient to form a belief as to the truth of the allegations in Complaint. Therefore, they are denied and strict proof is de,. WHEREFORE, Plaintiffs' Complaint should be disn behalf sustained. CLAIM 2 e Complaint, including cant to Pa.R.C.P. § 1029(e). the Defendant incorporates herein at length. hout knowledge or information 14 through 20 of the with costs in the Defendant's 21. In response to paragraph 21 of the Complain , Defendant incorporates herein by reference paragraphs 1 through 20 above as though set fort at length. 22. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations ii 1 paragraph 22 of the Complaint. Therefore, they are denied and strict proof is demanded. WHEREFORE, Plaintiffs' Complaint should be sed with costs in the Defendant's behalf sustained. NEW MATTER 23. Any injuries or damages allegedly suffered b, controlled by the Pennsylvania Motor Vehicle Financial Res § 1701, et seq. 24. Any injuries or damages allegedly suffered in whole, or in part, by pre-existing injuries and/or conditi WHEREFORE, Plaintiffs' Complaint should be di behalf sustained. Plaintiff are circumscribed and ibility Law, 75 Pa.C.S.A. the Plaintiff may have been caused which pre-dated the accident. ssed with costs in the Defendant's Respectfully su mitted, DORER LAW OFFICE F SNYDER & U By: JoAnne . ?nel, Esquire Identific ti No. 55453 Attorne f Defendant Date: December 15, 2008 08-020412 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, ALEXANDRIA BECKER IN THE COURT OF COMMON 1 CUMBERLAND COUNTY, PENNSYLVANIA Michael Myrick and Cynthia Myrick, his wife, r ase No.: 08-6571 Civil Term Plaintiffs Vs. Alexandria Becker, Defendant Y TRIAIL DEMANDED VERIFICATION I, Alexandria Becker, verify that the statements mad in the foregoing Answer with New Matter of Defendant to Plaintiffs' Complaint which are with n the personal knowledge of the undersigned, are true and correct, and as to the facts based o the information of others, the undersigned, after diligent inquiry, believe them to be true. nd further, this Verification is signed on the recommendation of my attorneys, who advise e that the allegations and language in this document are required legally to raise issues for continuing investigation and preparation for trial. I may prove inappropriate after investigation and trial pr determination of these matters to my attorneys on their )n at trial, by the Court, or by that some of these allegations are complete and I leave the I understand that all statements herein are made subj?ct to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: ( L I? 2 J 0 Becker 08-020412 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, ALEXANDRIA BECKER IN THE COURT OF COMMON LEAS CUMBERLAND COUNTY, PENNS VANIA Michael Myrick and Cynthia Myrick, his wife, r ase No.: 08 6571 Civil Term Plaintiffs Vs. Alexandria Becker, URY TR DEMANDED Defendant CERTIFICATE OF SEI4VICE I JoAnne E. Kinzel, Esquire, hereby certifies that she qs the attorney for the Defendant herein, and that she caused a true and correct copy of the att ched Answer with New Matter of Defendant to Plaintiffs' Complaint to be served by regular ?irst class mail upon: Michael E. Kosik, Esqui Angino & Rovner, P.C 4503 North Front Stree Harrisburg, PA 17110-17 Date: December 15, 2008 JoA' inze7, Esquire Attornv , r Defendant INJ ,• z -t ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6571 CIVIL TERM : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. By way of further response, Pennsylvania Rule of Civil Procedure 1019 provides that the material facts upon which a cause of action or defense is based shall be stated in a concise and summary form. Defendant's incorporation of the whole of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701 et. sec.. does not place Plaintiff on notice which, if any, defenses may be asserted by the Defendant, and therefore, Plaintiff maintains that his incorporation of the statute is improper and ineffective. 400566 24. Denied. This averment is a conclusory statement which is not supported by any factual allegations, and therefore, no further response is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff's injuries and damages are wholly the result of pre-existing injuries or conditions which predate the accident. Plaintiff further maintains that Defendant is responsible for the aggravation of a pre-existing condition. Plaintiff may recover for this aggravation to the same extent as a new injury. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiffs and against Defendant. 400566 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, MICHAEL E.KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information and belief. 6 ' 4Mi c h aE. WKKosSworn to and subscribed before me this /V "-day of ' : c2-1,,.?.U- . J 2008. Notary Pub i My Commission Expires: *tp 6 '7ae NOTARIAL SEAT. I My SUSAN HEPP, NOTARY PUBLIC CM OF HARRISBURG, DAUPHIN MMISSION WIRES MAY-6-201. 68991/LRJ CERTIFICATE OF SERVICE AND NOW, this 19d' day of December 2008, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jo-Anne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Michelle M. Mi ojevich 400566 c°: r?.3 ?. J ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6571 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND NOW, comes Plaintiffs Michael and Cynthia Myrick, by and through their counsel, Angino & Rovner, P.C., to respectfully request Your Honorable Court to schedule a Discovery Conference in the above-captioned action for the following reasons: 1. This instant action was commenced by the filing of a Complaint on November 5, 2008. 2. On November 20, 2008, Plaintiffs' propounded Interrogatories and Request for Production of Documents on Defendant. Said Interrogatories and Request for Production of Documents are attached hereto as Exhibit A. 404040 3. On January 14, 2009, Plaintiffs wrote to Defendant requesting Answers to Discovery so that depositions could be scheduled. See January 14, 2009 letter attached hereto as Exhibit B. 4. On February 10, 2009, Plaintiffs again wrote to Defendant requesting Answers to Discovery so that depositions could be scheduled. See February 10, 2009 letter attached hereto as Exhibit C. 5. As of the date of this Motion, Defendant has failed to respond to Plaintiffs' Interrogatories and Request for Production of Documents. 6. All of the Discovery sought by Plaintiffs through their interrogatories and Request for Production of Documents is relevant to the instant action. 7. Defendant has had more than ample time to respond to Plaintiffs' Discovery requests, yet Defendant has failed to comply with the Discovery as required by Pa. R.C.P. 4005 and 4006. 8. Plaintiffs are represented by Michael E. Kosik, Esquire of the firm Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110,(717)238-6791. 9. Defendant is represented by Jo-Anne Kinzel, Esquire of the firm Law Office of Snyder & Dorer, 214 Senate Avenue, Suite 503, Camp Hill, PA 17011. 10. Plaintiffs' counsel sought concurrence of Defendant's counsel by forwarding a copy of the Motion on February 10, 2009. No response has been received. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter an Order scheduling a status conference to schedule deadlines as well as an order to compel Defendant to 404040 respond to Plaintiffs' Interrogatories and Request for Production of Documents. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 404040 I.D. No. 36513 CERTIFICATE OF SERVICE AND NOW, this 250i day of February 2009, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' MOTION TO COMPEL DISCOVERY in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jo-Anne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Michelle M. Milojevi 404040 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6571 CIVIL TERM : JURY TRIAL DEMANDED PLAINTIFFS' INTERROGATORIES TO DEFENDANT 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 398604 I.D. No. 36513 For the person answering these Interrogatories, please state your full name, age, address, social security number, extent of formal education, occupation and the name of your employer, employer's address, as well as the nature of your employment, and if married, give your spouse's name. ANSWER 398604 State the year, make, model number, and registered owner of the vehicle which you were driving at the time the accident in question occurred. ANSWER 398604 3. If you were not the owner of the motor vehicle but were the operator, give the name and address of the party who gave you the authority to use the vehicle you were driving at the time the accident in question occurred and state what instructions, if any, were given to you prior to operating the vehicle. ANSWER 398604 4. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight and hearing distance of the accident referred to in the Complaint, and with regard to each person, state: (a) his or her exact location at the time of the accident; (b) his or her activity at the time of the accident; and (c) whether he or she witnessed the accident. ANSWER 398604 5. List the names, addresses and telephone numbers of each fact witness you intend to call at trial and briefly summarize their anticipated testimony. ANSWER 398604 6. Did you consume any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish or other drug, medication or pill during the eight hours immediately preceding the incident referred to in the Complaint? If so, state: (a) the nature, amount and type of item consumed; (b) the amount of time over which consumed; (c) the names and addresses of any and all persons who have knowledge as to the consumption of those items; and (d) the names and addresses of the physician(s) or other person(s) who gave, purchased or prescribed any of the said items. ANSWER 398604 7. State whether or not the vehicle which you were driving had any mechanical defects and, if so, state the nature of same. ANSWER 398604 8. State whether you were performing any act in connection with your employment at the time of the incident in question. ANSWER 398604 9. Give the carrier name, policy number and policy limits for each and every policy insuring you against the claims made in the instant action. ANSWER 398604 10. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) the subject matter on which the expert is to testify; (b) the facts and opinions to which the expert is to testify; (c) a summary of the grounds of each opinion; (d) the name of any report, memorandum or transcript used to substantiate each opinion; (e) any code, regulation or standard, governmental or otherwise, alleged by the expert to have been violated, in whole or in part; (f) any standard scientific principle alleged by the expert to have been violated, in whole or in part; (g) any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and (h) the date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. ANSWER 398604 11. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) date of birth; (b) name and address of present employer, and if self-employed, name and address of the business; (c) full formal educational background, with date of attendance and degrees obtained; (d) a list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) names and addresses of all persons, firms or corpora-tions who have retained this expert in the past ten years to render a report or testify as an expert witness. ANSWER 398604 12. State your whereabouts for the twenty-four hour period prior to the incident in question. ANSWER 398604 13. State the purpose of the trip or journey in which you were involved at the time of the incident in question, including the exact time and point of departure, destination and time and place of all stops and departures. ANSWER 398604 14. As of the time of the incident referred to in the Complaint, please state whether or not you were familiar with the location where the occurrence happened, and state the nature and extent of your familiarity, indicating the number of times you had visited the location where the incident took place within the last year. ANSWER 398604 15. Please describe as fully as possible the weather and road conditions at the time and location of the alleged occurrence, setting forth conditions of light, precipitation and temperature. ANSWER 398604 16. Describe as accurately as possible what you were doing immediately prior to this incident and all circumstances surrounding this incident. ANSWER 398604 17. State the following as accurately as possible: (a) your speed when you first viewed Plaintiffs vehicle; (b) the distance between your vehicle and Plaintiffs vehicle prior to the accident, and your speed at that time; (c) the distance from Plaintiffs vehicle when you first applied your brakes; (d) any efforts made by you to avoid Plaintiffs vehicle; (e) if your car skidded, the distance from Plaintiffs vehicle when the skid began; and (f) the amount of feet your vehicle required to stop at time of collision with full application of the brakes and travelling at the speed you were going. ANSWER 398604 18. State exactly how you contend the incident occurred. ANSWER 398604 19. Do you contend that the Plaintiff was contributorily negligent or that the Plaintiff assumed the risk of being injured? If so, state precisely the facts that support your position. ANSWER 398604 20. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs, blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, tools or any other thing or matter involved in the incident in suit? If so, state: 398604 (a) the nature of the document, the name(s) and address(es) of the person(s) preparing such document, and the date of its preparation; (b) the name(s) and address(es) of the person(s) presently having possession or custody of each such document; (c) the specific subject matter of the document; (d) the date it was made or taken; and (e) what the document purports to show, illustrate or represent. ANSWER 398604 394517 21. Have you ever been charged for any violation of the motor vehicle traffic laws or ordinance of any state or municipality arising from the incident involved in this action. If so, state: (a) the specific violation with which you were charged; (b) the manner in which you were charged, i.e. citation; (c) by and before whom you were charged; (d) the verdict rendered and/or fine paid regarding said violation; and (e) the court involved. ANSWER 398604 394517 22. Have you or anyone acting on your behalf conducted any investigations of the incident which is the subject matter of the Complaint? If so, identify: (a) each person and the employer of each person who conducted any investigation; (b) the dates of investigation; and (c) all notes, reports, or other documentation prepared during or as a result of the investigations, and the identity of the person who has possession thereof. ANSWER 398604 394517 23. If your attorney has completed an investigation, please provide the name, address, and telephone number of all witnesses identified in the investigation. ANSWER 398604 394517 24. At the time of the incident referred to in the Complaint, did you have a valid license to operate a motor vehicle? If so, state: (a) issuing state; (b) expiration date; (c) operator's license number; and (d) any restrictions, qualifications or conditions on said license. ANSWER 398604 394517 25. With regard to any restrictions, qualifications or conditions on your license, please state: (a) a full and complete description including the exact and precise language or wording on your license; and (b) the time, in months and years, that such wording appeared on your license. ANSWER 398604 394517 26. At the time of the incident referred to in the Complaint, did your license contain any reference to any prior actions, violations or offenses committed by you? If so, please state: (a) the date, time and place; and (b) the precise language or wording of each action, violation or offense as it appeared on your license. ANSWER 398604 394517 27. At the time of the incident referred to in the Complaint, did you have any condition for which you wore eyeglasses or for which eyeglasses were prescribed? If so, state: (a) a description of the condition; (b) whether you were wearing eyeglasses at the time of the incident; (c) the name and address of the person who prescribed the eyeglasses; and (d) a description of your vision at the time of the accident referred to in the Complaint, both corrected an uncorrected. ANSWER 398604 394517 28. At the time of the occurrence, did your motor vehicle license refer in any way to the use of eyeglasses by you while operating a motor vehicle? If so, please give full details as to any reference to eyeglasses on your motor vehicle operator's license. ANSWER 398604 394517 ¦ 29. Have you ever previously been involved in a lawsuit? If so, state: (a) the date and location of the action; (b) the nature of the action; (c) the name(s) and address(es) of the party(ies); (d) the disposition of the action; and (e) the name and address of the attorney who represented you. ANSWER 398604 394517 30. Have you ever been convicted of a crime? If so, state: (a) the nature of the conviction; (b) the date and location of said conviction; and (c) the penalty imposed. ANSWER 398604 394517 31. If you have served time in prison as a result of any conviction, for each conviction give the name of the prison, the length of the term served and the date of release. ANSWER 398604 394517 32. Have you ever received any citation or summons of a criminal nature resulting from the operation of a motor vehicle? If so, state: (a) the nature of the citation or summons; (b) the final disposition; and (c) the court involved. ANSWER 398604 394517 33. Have you ever had an operator's license suspended or revoked? If so, state: (a) time and license of suspension or revocation; (b) period of time of said suspension or revocation, including dates; (c) reason for such suspension or revocation; and (d) whether such suspension or revocation was lifted. ANSWER 398604 394517 34. Have you made any statement, whether in writing, tape recording or otherwise, to any person(s) regarding any of the events referred to in the Complaint? If so, state: (a) the name(s) and address(es) of the person(s) to whom such statement was made; (b) the date of such statement; (c) the form of the statement, i.e., written, oral, recording device, or stenographer; (d) whether such statement, if written, was signed; and (e) the name(s) and address(es) of the person(s) presently having custody of such statement. ANSWER 398604 394517 35. Identify all exhibits which you expect to offer into evidence at the time of trial of this case. ANSWER 398604 394517 36. State whether there was an accident report made regarding the subject incident, and, if so, the place where such report was filed. ANSWER 398604 394517 37. Are you aware of any newspaper articles concerning the incident referred to in the Complaint? If so, state the date of publication and newspaper involved. ANSWER 398604 394517 38. Has the Defendant, or any representative of the Defendant, his/her counsel, or his/her insurer performed or contracted to perform any surveillance of the Plaintiff or his/her activities at any time. If so, please identify each such person(s) or entities who have custody of and attach a complete copy, without editing, of all reports, memorandum, letters, electronic data, or information of any type (including computer records), regarding such surveillance activity, along with a copy of any photographs, films, videotapes, or other information, including, but not limited to, videos, eight-minute films, and hand-written notes. ANSWER 398604 394517 CERTIFICATE OF SERVICE AND NOW, this 20th day of November 2008 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' INTERROGATORIES TO DEFENDANT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jo-Anne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Michelle M. Milojevi 398604 394517 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6571 CIVIL TERM ALEXANDRIA BECKER, Defendant JURY TRIAL DEMANDED . PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009 and/or F.R.C.P. No. 34, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. Any and all documents referred to, relating to, or pertaining to any answer to any Interrogatory. 2. Any and all documents containing information relating to any answer to any Interrogatory. 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 398605 Plaintiff(s), through his/her/their attorney, hereby propound the following Interrogatories to Defendant(s) pursuant to Pennsylvania Rule of Civil Procedure 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answer to said Interrogatories and the time of the trial of this case you, or anyone acting on your behalf, learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish the same to plaintiffs' attorney by a supplemental answer. For the purposes of these Interrogatories, "you or ",your" refers to the defendants an A their files and all other rsons. agents or representatives of the defendants and their files. "You" shall further include all persons on whose behalf defendants prosecuted this action and all persons who will benefit or be legally bound by the results of this action. Your answer to the Interrogatories shall reflect and contain the knowledge of all of the above persons. Reference to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendants shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendants or known by them to exist. It shall also mean all copies of document by whatever means made. Answer each Interrogatory in the space following the Interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and supplemental answers should seasonably be provided. 398604 394517 These Interrogatories shall be deemed to be continuing. If between the time of your answers to these Interrogatories and the time of trial of this case, you or anyone acting on your behalf learn the identity and whereabouts of any other witness(es) not identified in your answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish same to the undersigned by supplemental answers. 398604 394517 5. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 6. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 7. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concerning the case, investigation or review of the Plaintiff and his case. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation or your attorney's investigation into the incident involved. You need not supply any attorney's "work product" or other material which is specifically accepted as a privileged by the above rule. 9. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions, or opinions respecting the value or merit of the claim or defense. 10. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. 398605 11. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements made by any party to this action, including written statements, signed or otherwise adopted or approved by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.C.P. 4003.5 and/or F.R.C.P. No. 34. 12. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 13. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this law suit. 14. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 15. To the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident and of the vehicles in question that are in your possession. 16. Copies of Declaration Sheets for each and everv,_policy insuring you against the claims made in the instant action. 17. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. 398605 18. Any and all surveillance tapes, films, motion pictures, photographs, or other documents conducted, prepared, taken, or filmed in the nature of surveillance or as part of a surveillance of any of the parties. ANGINO & ROVNER, P.C. Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 398605 CERTIFICATE OF SERVICE AND NOW, this 2e day of November 2008 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jo-Anne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Michelle M. Milojevi 398605 • ANGINO & ROB .TER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/238.6791 FAX 717/2385610 RICHARD C. ANGINO MICHAEL F- Kosnc NEM J. ROVNER RICHARD A. SADLOCK JOSEPH M. MELILLO LISA M. B. WOODBURN DAVID L. LUTz DARYL E. CHRISTOPHER V WW.ANGINO•ROVNER.C,OM EMAIL: MKOSIK@ANGINO-ROVNER.COM January 14, 2009 Jo-Anne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue, Ste. 503 Camp Hill, PA 17011 Re: Myrick v. Becker Dear Jo-Anne: Your Answers to Plaintiff's Discovery are overdue. Please provide answers so that we may schedule depositions in this matter., V, E. Kosik MEK/mmm 401870 ANGINO & ROB 1ER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/238-6791 FAX 717/238.5610 RICHARD C. ANGiNo MICHAEL F. Kosm NEIL]. RovNER RICHARD A. SADLOCK JOSEPH M. MELILLO LISA M. B. WOODBURN DAVID L. LUTz DARYL E CHRISTOPHER W W W.ANGINO•ROVNER.COM EMAIL: MKOSIK@ANGINO-ROVNER.COM Jo-Anne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue, Ste. 503 Camp Hill, PA 17011 Re: Myrick v. Becker Dear Jo-Anne: February 10, 2009 Your Answers to Plaintiff's Discovery are overdue. Please provide answers so that we may schedule depositions in this matter. I intend to file this Motion to Compel Discovery Monday, February 23, 2009. This Motion is being served on you to comply with the requirements of requesting concurrence. If I do not hear from you by February 23, 2009, I will assume you do not concur in the Motion and will proceed to file same. E. Kosik MEK/mmm Enclosure 404046 rt u c? CO ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik(aangino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6571 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' AMENDED MOTION TO COMPEL DISCOVERY AND NOW, comes Plaintiffs Michael and Cynthia Myrick, by and through their counsel, Angino & Rovner, P.C., to respectfully request Your Honorable Court to schedule a Discovery Conference in the above-captioned action for the following reasons: 1. This instant action was commenced by the filing of a Complaint on November 5, 2008. 2. On November 20, 2008, Plaintiffs' propounded Interrogatories and Request for Production of Documents on Defendant. Said Interrogatories and Request for Production of Documents are attached hereto as Exhibit A. 404040 3. On January 14, 2009, Plaintiffs wrote to Defendant requesting Answers to Discovery so that depositions could be scheduled. See January 14, 2009 letter attached hereto as Exhibit B. 4. On February 10, 2009, Plaintiffs again wrote to Defendant requesting Answers to Discovery so that depositions could be scheduled. See February 10, 2009 letter attached hereto as Exhibit C. 5. As of the date of this Motion, Defendant has failed to respond to Plaintiffs' Interrogatories and Request for Production of Documents. 6. All of the Discovery sought by Plaintiffs through their Interrogatories and Request for Production of Documents is relevant to the instant action. 7. Defendant has had more than ample time to respond to Plaintiffs' Discovery requests, yet Defendant has failed to comply with the Discovery as required by Pa. R.C.P. 4005 and 4006. 8. Plaintiffs are represented by Michael E. Kosik, Esquire of the firm Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 9. Defendant is represented by Jo-Anne Kinzel, Esquire of the firm Law Office of Snyder & Dorer, 214 Senate Avenue, Suite 503, Camp Hill, PA 17011. 10. Plaintiffs' counsel sought concurrence of Defendant's counsel by forwarding a copy of the Motion on February 10, 2009. No response has been received. 11. No Judge has ruled upon any other issue in the same or related matter. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter an Order scheduling a status conference to schedule deadlines as well as an order to compel Defendant to 404040 respond to Plaintiffs' Interrogatories and Request for Production of Documents. R, P.C. Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 404040 CERTIFICATE OF SERVICE AND NOW, this 3" day of March 2009, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' AMENDED MOTION TO COMPEL DISCOVERY in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jo-Anne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Michelle M. Milojevi 404040 mom- .P CS MICHAEL MYRICK and IN THE COURT OF COMMON PLEAS OF CYNTHIA MYRICK, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW ALEXANDRIA BECKER, Defendant NO. 08-6571 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of March, 2009, upon consideration of Plaintiffs' Motion To Compel Discovery and Plaintiffs' Amended Motion To Compel Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. ZMichael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs v Jo-Anne E. Kinzel, Esq. Snyder & Dorer 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Attorney for Defendant :rc BY THE COURT, no ZS -i!wv I t MOW ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com MICHAEL MYRICK and CYNTHIA MYRICK, His wife, Plaintiffs V. ALEXANDRIA BECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6571 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PLAINTIFFS' MOTION TO COMPEL DISCOVERY TO: THE PROTHONOTARY Kindly withdraw Plaintiffs' Motion to Compel Discovery. Defendant has provided answers. 405959 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this I& day of March 2009, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct ! copy of the PRAECIPE TO WITHDRAW PLAINTIFFS' MOTION TO COMPEL DISCOVERY in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jo-Anne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Michelle M. Miloje%ch 405959 ? C ? l M 08-020412 ANGINO & ROVNER, P.C. MICHAEL E. KOSIK, ESQUIRE 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 TELEPHONE NO. (717) 238-6791 ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Myrick and Cynthia Myrick, his wife, No.: 08-6571 Civil Term Plaintiffs vs. Alexandria Becker, Defendant URY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: ANGINO & ROVNER, P.C. chael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 Telephone No. (717) 238-6791 Attorney for Plaintiffs Court I.D. 36513 08-020412 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, ALEXANDRIA BECKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Myrick and Cynthia Myrick, his wife, Case No.: 08-6571 Civil Term Plaintiffs vs. Alexandria Becker, Defendant (JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Praecipe to Settle, Discontinue & End to be served by regular first class mail upon: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Date: September 14, 2009 JoAnne mzel, Esquire Attome r Defendant FILED.-C', Fill 1. 1 nr,??wT Y OF THE: Pt"'-TA- 2009 SEP 15 PH 12: S 8