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Home My WebLink About09-4511a 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 DAVID WAGNER, Plaintiff V. JASON BURGER and AMERICOMM, a/k/a AMERICOMM LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNNTY, PA NO. OQ - 45 l I Ctvi ( (°Lr-Wt 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 413790 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 DAVID WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JASON BURGER and AMERICOMM, a/k/a AMERICOMM LLC, Defendants NO. 09-4511 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 17. through 24. Denied. All of the allegations contained in the Defendants' New Matter are conclusions of law to which no response is necessary. By way of further response, the factual allegations contained in the Plaintiffs Complaint are herein incorporated by reference. 420399 WHEREFORE, the Plaintiff respectfully requests that the Defendants' New Matter be dismissed. Date: v ?J AN O & ROVNER, P.C. K=U >-97 Davi . 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 420399 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'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 Defendants Dated: q' ?) -\D 420399 2009 SEA' 23 FM 2: 10 } A 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 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 despues 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 1NFORMACION 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 413790 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 DAVID WAGNER, Plaintiff V. JASON BURGER and AMERICOMM, a/k/a AMERICOMM LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0?-- yS__j1 C??:/ CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff David Wagner is an adult citizen of the Commonwealth of Pennsylvania who resides in State College, Centre County, Pennsylvania. 2. Defendant Jason Burger is an adult individual residing at 6 Camelot Lane, Newville, Cumberland County, Pennsylvania, 17241. 3. Defendant Americomm, a/k/a Americomm LLC ("Americomm") is a Pennsylvania corporation with a principal place of business at 146 American Avenue, Lancaster, Lancaster County, Pennsylvania, 17602. 4. Defendant Americomm regularly conducts business in Cumberland County. 5. At all times relevant herein, Defendant Jason Burger was acting in the course and scope of his employment with Defendant Americomm. 6. The facts and occurrences hereinafter related took place on or about August 21, 2007, at approximately 10:21 a.m. at the intersection of Orchard Road and Anthony Highway, near Waynesboro, Washington Township, Franklin County, Pennsylvania. 413790 7. At that time and place, Plaintiff David Wagner was operating a 2005 Ford Expedition, traveling north on Anthony Highway. 8. Defendant Burger, while in the scope of his employment with Americomm, was operating a 2005 Dodge Dakota on Orchard Road before the subject collision. 9. Defendant Burger failed to stop his Dodge Dakota at the stop sign at the intersection of Orchard Road and Anthony Highway, causing his Dodge Dakota to collide into Mr. Wagner's Ford Expedition. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff David Wagner are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Burger, while in the scope of his employment with Americomm, operated his motor vehicle as follows: a. failure to stop at a stop sign; b. failure to watch for the presence of motor vehicles on Anthony Highway; C. 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; 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. 11. Plaintiff David Wagner sustained painful and severe injuries, which include but are not limited to a concussion, headaches, chronic neck pain and shoulder pain, chronic low back pain with radiating pain into both lower extremities, and an aggravation of his pre-existing asymptomatic lumbar condition. 413790 12. By reason of the aforesaid injuries sustained by Mr. Wagner, he was forced to incur liability for medical treatment in an effort to restore himself to health, and claim is made therefor. 13. Because of the nature of his injuries, Mr. Wagner has been advised and therefore avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Mr. Wagner has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforesaid injuries, Mr. Wagner has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 16. As a result of the aforesaid injuries, Mr. Wagner sustained work loss and a loss of earning capacity, and claim is made therefor. WHEREFORE, Plaintiff David Wagner demands judgment against Defendant Jason Burger and Americomm, a/k/a Americomm LLC, in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Date: __? - Le - 0 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 413790 VERIFICATION I, David Wagner, Plaintiff, hereby verify that the facts set forth in the foregoing COMPLAINT true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. WITNESS: David Wagner Date:_ 413790 FIT. r. OF THE 2009 JILT . -7 Ali 11: 23 VL Y $'18.50 PO ATr`/ G(,* 795?3 e 07871070 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 DAVID WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JASON BURGER and AMERICOMM, a/k/a AMERICOMM LLC, Defendants NO. 09-4511 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary of Cumberland County: Please reinstate the attached Complaint and forward same to the Sheriff for service on Defendants Jason Burger and Americomm, a/k/a Americomm LLC. ANgWO & ROVNER, P.C. Date: / 3 ? - 9? 416319 `BwKd L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone dlutz@angino-rovner.com Attorney for Plaintiff ORIGINAL CH) 2u 9 ?? ,J, - f i I i 8 ?JWe>1'. .. , ?r`al -*10. do PO ATW Cr,? `7?'??q f A "I 3 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com DAVID WAGNER, Plaintiff V. Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4511 Civil JASON BURGER and AMERICOMM, CIVIL ACTION - LAW a/k/a AMERICOMM, LLC, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendants Jason Burger and Americomm a/k/a Americomm LLC in the above-captioned matter. Respectfully submitted, Date: August 4, 2009 373348 JOHNSON, DUFFIE, STEWART & WEIDNER By. J fferso J. Ship n, Esquire orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for 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 August 3, 2009: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: J ers n J. Ship an, Esquire . = rh y 23 10 9 A1J,G -5 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 DAVID WAGNER, Plaintiff V. JASON BURGER and AMERICOMM, a/k/a AMERICOMM LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-4511 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT JASON BURGER- SET NO. 1 To: Defendant Jason Burger, 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, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: Do you admit that you were involved in a motor vehicle accident on August 21, 2007, at the intersection of Orchard Road and Anthony Highway near Waynesboro, Washington Township, Franklin County, Pennsylvania? Admit Deny 418478 2. Do you admit that before the subject motor vehicle collision you were operating a 2005 Dodge Dakota on Orchard Road? Admit Deny 3. Do you admit that you failed to stop your Dodge Dakota at the stop sign at the intersection of Orchard Road and Anthony Highway? Admit Deny 4. Do you admit that at the time of the subject motor vehicle accident on August 21, 2007, you were in the scope of employment with Defendant Americomm? Admit Deny ANGINO & ROVNER, P.C. A- Davit 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 Date: 418478 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 JASON BURGER - 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 Defendants Dated: -00 418478 TAP 5 M3 f? 8. R Thomas Kline Sheriffs Office of Cumberland County Sheriff Gatti, of ??+?+brfi{ Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFICE -F'`"E ="RIFF Edward L Schorpp Solicitor PLED-OFIFIGE OF THE F OTHONIOTAN 2B09 Sip -9 AH 11: 4 4 1MIN David Wagner vs. Jason Burger Case Number 2009-4511 SHERIFF'S RETURN OF SERVICE 08/03/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jason Burger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, PA to serve the within Complaint and Notice according to law. 08/03/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Americomm a/k/a Americomm LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the withir Complaint and Notice according to law. 08/19/2009 09:50 AM - Lancaster County Return: And now August 3, 2009 at 0950 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Americomm LLC by making known unto Alan Buckley, Owner at 146 American Avenue Lancaster, PA 17602 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/2112009 02:22 PM - Lebanon County Return: And now August 21, 2009 at 1422 hours I, Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jason Burger by making known unto himself personally, at Lebanon County Sheriffs Office 400 S. 8th Street Lebanon, PA 17042 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.44 SO ANSWERS, September 04, 2009 R THOMAS KLINE, SHERIFF 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 DAVID WAGNER, V. Plaintiff Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON BURGER and AMERICOMM, a/k/a AMERICOMM, LLC, Defendants NOTICE TO PLEAD TO: David Wagner, and his counsel, David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 NO. 09-4511 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 By: Date: September 18, 2009 Je eft6h J. Shipman! Esquire A orney I.D. No. 51785 Counsel for Defendants 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 Counsel for Defendants DAVID WAGNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4511 Civil JASON BURGER and AMERICOMM, CIVIL ACTION - LAW a/k/a AMERICOMM, LLC, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS JASON BURGER AND AMERICOMM a/k/a AMERICOMM. LLC TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Jason Burger and Americomm, a/k/a Americomm, LLC, by and through their counsel, Jefferson Shipman and Johnson Duffie Stewart & Weidner and file the following Answer to Plaintiff's Complaint. 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part; denied in part. It is admitted only that Mr. Burger did not stop at the stop sign. The remaining averments of paragraph 9 are denied as stated. 10. Denied. The averments contained in paragraph 10 and subparagraphs a. and d. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments therein are specifically denied. a. Denied. It is specifically denied that Mr. Burger's failure to stop was negligent, careless, wanton and reckless; b. Denied. It is specifically denied that Mr. Burger was negligent in allegedly failing to watch for the presence of motor vehicles on the highway; C. Denied. It is specifically denied that Mr. Burger failed 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; and d. Denied. It is specifically denied that Mr. Burger drove 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. 11. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 and the same are therefore denied, and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments 2 contained in paragraph 12 and the same are therefore denied, and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 and the same are therefore denied, and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 and the same are therefore denied, and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and the same are therefore denied, and strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 and the same are therefore denied, and strict proof is demanded at the time of trial. 3 WHEREFORE, Defendants Jason Burger and Americomm a/k/a Americomm LLC, respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Defendants interpose the following new matter defenses: 17. That the Plaintiff has failed to state a cause of action for which relief may be granted. 18. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and/or by the limited tort option. 19. That if it should be found that the Defendant was negligent, which is denied, then in that event any such negligence was not a proximate cause nor factual cause of the Plaintiffs harm. 20. That the Plaintiffs alleged cause of action may have been caused in whole or in part by the negligence of third parties or entities not presently involved in this action. 21. That the Plaintiffs alleged cause of action may have been caused by an intervening, superseding cause. 4 22. That the Plaintiff may have failed to mitigate his injuries and damages as alleged. 23. That the Plaintiffs alleged injuries may have been pre-existing. 24. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act and by the Plaintiffs own comparative negligence. WHEREFORE, Defendants Jason Burger and Americomm a/k/a Americomm, LLC respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, JOHN N, DUFFIE, STEWART & WEIDNER By: ff rson J. Ship an, Esquire ttorney 1. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: September 18, 2009 :373395 5 VERIFICATION I, William Scruggs of Americomm, 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. William Scruggs Date: W20 O 4 373440 r 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 September 18, 2009: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: ffe on J. Shipman, Esquire L1..."'__{ CF THE f f,~,AFRY 2N'19 S E P 21 i i; 1 s ' ) 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 Counsel for Defendants DAVID WAGNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4511 Civil JASON BURGER and AMERICOMM, CIVIL ACTION - LAW a/k/a AMERICOMM, LLC, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DATE: JOHNSON, DUFFIE, STEWART & WEIDNER By: ifferson J. Shipman, Esquire ey I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 ?d /l L/ d 9 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on 16 ) ) a,) a 9 David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER 14 By. fsQ. Jefferson J. Shipman, Esquire 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 DAVID WAGNER, V. Plaintiff JASON BURGER and AMERICOMM, a/k/a AMERICOMM, LLC, Defendants Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4511 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 PLEASE TAKE NOTICE that Defendants intend to serve five (5) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. DATE: JOHNSON, DUFFIE, STEWART & WEIDNER Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 ?? I3l d 1 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on David L. Lutz, Esquire // Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON DUFFIE, STEWART & WEIDNER By. Je erson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-45.11 vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, ; Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Westfield Insurance Comnan (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all claims records, reports medical records regarding Claim No. WCP-5428322-082107 pertaining to David Wanner DOB: 618161 SSN• 188-58-1029 at Johnson, Duffle, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: Jefferson J. Shipman, Esouire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: r ho o ary/Clerk, Civil Di ision DATE: /D 7 Seal f tMfe court Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-4511 VS. Jason Burger and Americomm, a/k/a/ Americomm LLC, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mount.Nittany. Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports correspondence diagnostic test results from January 1. 2002 through November 30, 2009 pertaining to David Wagner DOB: 6/8161 SSN:188-58-1029 at Johnson. Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esouire 301 Market Street Lemoyne, PA 17043 717-7614540 51785 Defendant BY THE COURT: DATE: /O Oq Seal f the Court Pro honotary/Clerk, Civil Divi ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-4511 vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Orthopedics and Phvsical Thera (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records reports correspondence diagnostic test results from January 1 2002 through November 30, 2009 pertaining to David Wagner DOB: 6/8/61 SSN:188-58-1029 at Johnson, Duffie, Stewart & Weidner, 301 Market Street P.O. Box 109. Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID 51785 ATTORNEY FOR: Defendant BY THE COURT: I-w 71; de ro honotary/Clerk, Civil Division Deputy DATE: _(09 Seal f he Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, Defendant File No. 09-4511 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Centre Medical &;Sur4ical Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, correspondence, diagnostic test results from January 1, 2002 through November 30, 2009 pertaining to David Wagner DOB: 6/8/61 SSN:188-58-1029 at Johnson. Duffie. Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: DATE: /0/7 D Seal of he Court Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: A l C c,,ti ' A9 dt Pro honotary/Clerk, Civil Divi ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-4511 vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, ; Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Familv Medicine (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records reports correspondence diagnostic test results from January 1 2002 through November 30, 2009 pertaining to David Wagner DOB 618/61 SSN:188-58-1029 at Johnson. Duffie. Stewart & Weidner 301 Market Street P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Z5/ 49 L Prothonotary/Clerk, Civil Divisi n Deputy DATE: p Seal f e Court (Eff. 7/97) 2 009 0 C T 19 P1" 2: C .IOHNSON, DUFFIE, STEWART 8i 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 r' ~ ~~ ~-.~ ~ ~ ~ . - -~ 51 t ~7 ~~Cbur9;sel fior~L~efendants DAVID WAGNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 09-4511 Civil JASON BURGER and AMERICOMM, CIVIL ACTION -LAW a/k/a AMERICOMM, LLC, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER Bye peffer`son J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 2l ~Y ~~ v Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on -z-/ ~~( /~ David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: ' J erson J. Shi man, Esquire .JOHNSON, DUFFIE, STEWART 8a 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 cLDj'dsw.com Counsel for Defendants DAVID WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JASON BURGER and AMERICOMM, a/k/a AMERICOMM, LLC, Defendants NO. 09-4511 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 PLEASE TAKE NOTICE that Defendants intend to serve four(4) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART &WEIDNER .,,~ By: fferson J. Shipman, Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: a/~ q /~ ~ Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on ~l ~ q J~ D David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART 8~ WEIDNER ;F~~ By: J erson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff vs. Jason Burger and Americomm, a/k/a! Americomm LLC, Defendant File No. 09-4511 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Midwest Veterinary Suutaly (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all emaloyment records, complete personnel file, including uavroll records, progress evaluations, sales quotas regarding David Wanner DOB: 6/8/61 SSN:188-58-1029 at Johnson. Duffle Stewart & Weidner, 301 Market Street, P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: ~- l ~jf~ Se21 of the ourt BY THE COURT: 1 < Prothonotary/Clerk, C vil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-4511 vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, : Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mount Nttanv Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: CT of the Lumbar Solna dated September 12. 2007 reaardina David Waaner DOB: 6!8!61 SSN: 188-58-1029 at Johnson. Duffle. Stewart & Weidner. 301 Market Street P O Box 109 Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: C~ Prothonotary/Cler ,Civil Di ision DATE: ~ `~' ~j(fj Seal of the C ui t Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-4511 vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Waynesboro Hospital (Name of Person or Entityj ~ '~~ Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: CT Of the Cervical Spine dated Auaust 21 2007 regarding David Wagner DOB: 6/8/61 SSN: 188-58-1029 at Johnson. Duffle. Stewart & Weidner 301 Market Street P O Box 109 Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: / ' Prothono ary/Clerk, Civil Division DATE Seal of the ~ ~art° ' Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Wagner, Plaintiff File No. 09-4511 vs. Jason Burger and Americomm, a/k/a/ Americomm LLC, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: 611. MRI-CT _ (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: MRI Of the CervlCal Saine dated Auaust 30, 2007 reparding David Wagner DOB: 6/8/61 SSN: 188-58-1029 at Johnson. Duffie. Stewart 8~ Weidner. 301 Market Street. P.O. Box 109 Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: /~ Seal of the Ce ri BY THE C RT: oY Prothonotary/Clerk, Civil ivision Deputy (Eff. 7/97) C~' ~ i t- ~~.~~- ;r p~~u~ PRAECIPE FOR LISTING CASE FOR TRIA,~~-;~ ~ .~-,ark"~~;~TA,t?Y (Must be typewritten and submitted in duplicate) 2010 JUG ~0 ~~ 12~ ~9 TO THE PROTHONOTARY OF CUMBERLAND COUNTY CUM<;~ ~~, ~~?Ui~TY Please list the following case: ~ C; i;v ~'!L1~fa.f~' (Check one) (XX) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) David Wagner Plaintiff v. Jason Burger and Americomm, alka Americomm LLC, Defendants (check one) () Assumpsit Q Trespass (XX) Trespass (Motor Vehicle) () Other The trial list will be called on 8-31-10 and . Trials commence on 9-20-10. Pre-trials will beheld on 9-8-10 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 09-4511 Civil Term Indicate the attorney who will try case for the party wl;o files this praecipe: David L. Lutz, Esquire, 4503 North Front Street, Harrisburg, PA 17110. Indicate trial counsel for other parties if known: Jefferson Shipman, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. This case is ready for trial. Date: ~_..-~ - l 443544 Signed: Print Name: David L. Lutz, Esquire Attorney for Plaintiff ~,2 S'ODip ~ ~5 ~,~tw~ ~ ~ayyyd 7 DAVID WAGNER, PLAINTIFF V. JASON BURGER AND AMERICOMM, A/IUA AMERICOMM LLC DEFENDANT IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4511 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT {CY3 ~~ *" ~~ AND NOW, this 8th day of September, 2010, after Pre-Trial Conference with Counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: c.:+ n ~~ w 1. Trial counsel in this case shall be David Lutz, Esquire for Plaintiff and Jefferson J. Shipman, Esquire for Defendant. 2. Attorney Shipman has Trial #7 on this trial list which is scheduled to begin before this case. 3. Counsel have indicated that trial will take approximately 2 days. 4. Each party will be granted four peremptory challenges. 5. There is no need for a view in this matter. 6. Counsel have agreed that jurors will not be allowed to take notes. 7. All parties have been directed to prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. 8. Counsel for each party is directed to file with the Court on or before <~,~ 4 -,-- 12:00 p.m. on September 17, 2010, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 9. On or before 12:00 p.m. on September 17, 2010, the parties will provide a proposed verdict slip to the Court for review. 10. The parties shall submit proposed voir dire questions to the Court for review on or before September 17, 2010. 11. Counsel have stipulated that the correct sum for the worker's compensation lien in this case is $6,083.50. By the Court, J David L. Lutz, Esquire Attorney for Plaintiff Jefferson Shipman, Esquire Attorney for Defendant Court Administrator t ~p,~s R~q~~o bas ~ es ma c Q~S~~o ~~ ~~ F~ ~.~~~ fit, 4 ""7 ~41 2~ ~~ .IOHNSON, 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 Counsel for Defendants DAVID WAGNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 09-4511 Civil JASON BURGER and AMERICOMM, CIVIL ACTION -LAW a/k/a AMERICOMM, LLC, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter as settled, discontinued and ended. ~n -ho ~- Qovnt~ P C. JOHNSON, DUFFIE, STEWART &WEIDNER By By Da I utz, Esquire Je r n J. Shi man, Esquire Counsel for Plaintiff Counsel for Defendants Date: ~~'"I '~ ~ Date: D I~