Loading...
HomeMy WebLinkAbout01-6918 JOHN P. D.,LO and JANICE L. D.,LO, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2001- (, If It CIVD., TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, John Rosenberry, and enter my pearance on behalf of the plaintiffs, John P. IIIo and Janice L. IIIo. Please direct the Sheriff to serve the defendan as follows: Mr. John Rosenberry 1000 Mayapple Drive Shippensburg, PA 17257 Respectfully submitted, By: December 6, 2001 To: JOHN ROSENBERRY You are hereby notified that John P. II10 and Janice L. II1o, his wife, plaintiffs, has commenc an action against you which you are required to defend or a default judgment may be entered against you. C".r.~ tP ~~.. PROT OTARY By: (l"M- O. )n,(!. ~ ? r DEPUTY Date:~.uc..I.H"/ 7 . 2001 ~ ~ ~ 0 C) ~ C :;:"; 0 .::::: -0--- Cl '1 ~ ft [llg:' ", -C ;>"" .' V\ C" Z:J. (J ""' b U)r;:: I -< ~:~ . -.J "T1 "0 r:'. CJ "' <C , -C ~C) ;e; 0 ~ >8 ..... ::_~j ~il ~ :,::-() 2: cSn'} ~ ~ Ul ~ ,"". ~ ~;S '{ ~. ~~ . Ilr< ~ " Ql 0 z ...~~ '1-1 ~ g I- P<CIl '; I&l ::; UJ ~I~~ t.) '" UJ ~ I " ~ a: Ul en I- Ul i~...:I .... w 't~ I- ,d Cf.I () UJ 8~S I 10 . Cf.I u: . w a: u. ~'~ u. ~ 1-1 0 ::! ..... t.)~ Cf.I :;: 0 ...:I ~ N l- n. <( ,,~, ~ I- o 1-1 0...:1 I&l ~ .... Ul 0 ~ ...:11-1 ~~ ~ "- UJ ~~ :ca ...:I Ul " ;;: ~ 0 1-1 ''1-1 I&l ~ .. 0 ...:1'1-1 ~! ~ i . I- '" '" O~I...:I . .~ 1-1 w t.l ....1-1 ~I&l~ t.) ;: ot:>- t.) = ~! ~ -lIl .~ ~ 01-1 i I-I'~ " Nt.) O~~ ~ :z;~ . o Ql ~ ""l""lj:l., > ""l~ I-I~ <)>--,.. . ,"" ~ ~~ ~ ~~ ~: . r:r.. ~ " Ql 0 z ....sl~ lj.f ~ 15 ~ .... Ilo;CIl '; fj :5 UJ ~I~~ "' UJ ~ I '" ~ IX Ul (f) .... (f) i':>"'" .,.; UJ '{ 8 .... .d CIl () UJ 8~S I iI .~tJ IX ~ . CIl u. ~'~ u. @O' ~ 1-1 0 ::; fz< u~ CIl ;: 0 ... ~ ~ tii a. <( .... o 1-1 0... ~ !:: ...J . a; (f) o Eo< ...1-1 ~~ ~ "- UJ ~~ ~ ... Ul " :;: ~ 0 1-1 .lj.f ~ Eo< 0- g ...lj.f ~ i . f- '" Oil'" . ..., ~"8 1-1 w ~ ....1-1 ~~oIoI U ;: ot> U = ~ oCI .~ ~ 01-1 ~ 1-1 ..., ~~ " NU o~~ ~ ~~ . o Ql ~ ~ ...,...,~ > ...,~ H~ JOHN P. ILLO and JANICE L. ILLO, : IN THE COURT OF COMMON PLEAS PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6918 CIVIL TERM JOHN ROSENBERRY, DEFENDANT : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, By: Andrew C. Lehman, Esquire'~ Atty.l.D. #81937 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: 12/26/01 RULE TO THE PLAINTIFFS: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service ofthis Rule or suffer a judgment of non pros. DATED: /:J..l:n 10 ( I / Prothonotary ~ 8 0 0 - "T, -orE g --; ~~\ ') !PER C"? 1_ 'f-::;:" ~5; I'\,) -'-,1'1.., "" ~i:jo ::<z: '\:, ~o ;j? <:~ -f? ~f} ~l- fi ,,jO ~ art; ~ I'\,) :g -"'"" -<; JOHN P. ILLO and JANICE L. ILLO, : IN THE COURT OF COMMON PLEAS PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6918 CIVIL TERM JOHN ROSENBERRY, DEFENDANT : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, John Rosenberry, regarding the above-captioned matter. Respectfully submitted, By: Andrew C. Lehman, Esquire Atty. !.D. #81937 2411 North Front Street Harrisburg, P A 1711 0 (717) 232-9900 Date: 12/26/01 CERTIFICATE OF SERVICE AND NOW, this 26th day of December, 2001, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 -__h f C> ~ - :Oq, fi? '/'"1 9J rr, -..:t'l C"") ,. I ~ ::tJ z: .. I'u ~- C/jS: ~'88 is<: '-I ~c) ~"' ..L ~ :::;Q 18 ;J.;:: .-, ..... (-)::tj .0 ~ ~ <:rry 0 "" $I -l:- .:J;) "" JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW 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, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court wilhout further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Actof1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. I JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, this ~y of January 2002 come the plaintiff, John P. Illo and Janice L. Illo, by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendant, John Rosenberry: l. The plaintiffs are John P. Illo and Janice L. Illo, adult individuals residing at P. O. Box 55, Shippensburg, Pennsylvania 17257. 2. The defendant is Mr. John Rosenberry, an adult individual residing al 1000 Mayapple Drive, Shippensburg, Pennsylvania, 17257. 3. On December 10,1999, the plaintiff was attempting to step offlhe curb in an effort to cross King Street in Shippensburg, Pennsylvania. 4. Without warning, a vehicle operated by defendanl, John Rosenberry, moved rapidly in reverse while attempting to exit his parking space and struck the plaintiff. 2 5. The impact of the vehicle caused numerous injuries to the plaintiff left hip, leg, knee and left wrist. 6. The injuries sustained by the plaintiff was caused by the negligence and careless actions of the defendant, John Rosenberry. 7. The defendant, John Rosenberry, was negligent and careless as follows: a. He failed to maintain his vehicle under proper control in an effort to avoid injuring a pedestrian; b. He failed to properly look in all directions in order to determine if the area was clear to move from his parking space onto King Street; c. He failed to provide any warning of his intention to move from the parking space onto King Street; and d. He was operating his vehicle at an unsafe speed as he backed his vehicle. 8. The negligent actions of the defendant, John Rosenberry, were the proximate cause of the injuries to the plaintiff, John P. Illo. 9. The plaintiff, John P. Illo, seeks compensation for the pain and suffering, emotional distress, embarrassment and loss of life's pleasures since the date of the accident as well as compensation for future losses he will incur in these areas. 3 10. The plaintiff, John P. Illo, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries. 11. The plaintiff, John P. Illo, seeks compensation for lhe serious and permanent injuries which he has sustained which has required surgery and may require additional further surgery or therapy. 12. The plaintiff, Janice L. Illo, seeks compensation for the loss of companionship and society as a consequence of the injuries sustained by her husband, John P. Illo. WHEREFORE, the plaintiffs, John P. Illo and Janice L. Illo, request compensation and damages from the defendant, John Rosenberry, in the amount in excess of Twenty-Five Thousand and no/IOO ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. By: Date: January 17,2002 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the besl of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: January 17,2002 JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Andrew C. Lehman, Esquire NEALON AND GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 IRWIN, McKNIGHT & HUGHES By: Date: January 18,2002 6 6: .? >:0 we) (1,7 ,:"t;) '.1.....'..1- ('):::::--=-, t\,;: l;;1..11":.. ~/ .'""",..,. / .......... F"'...: LJ- <.) en ~ ~ ::::>...... 0= c,?i 0>- ~~ .:Jz rcz ulUJ S,~ n.. "'" :-.:> <.) :C u.. 0:' ;z: .0::: --, N o JOHN P. ILLO AND JANICE L. ILLO, Plaintiffs, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: John P. and Janice L. 1110, and their attorney, Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES West Pornfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. ou-- Date: l~-o? BY~ ------ Andrew C. Lehman, Esquire 1.0.#:81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 JOHN P. ILLO AND JANICE L. ILLO, Plaintiffs, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER 1. Admitted upon information and belief. 2. Admitted. 3.-4. Denied as stated. However, it is admitted that December 10, 1999, as Defendant was attempting to pull out from his parking spot along the curb of King Street in Shippensburg, Pennsylvania, the rear of his 1998 Saturn SL came into contact with Plaintiff John P. 1110'S person. The remaining averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 5. Denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted and proof is demanded at trial. Any remaining averments contained in this paragraph are strictly denied pursuant to Pa.R.C.P. 1029(e). 6.-8. Denied pursuant to Pa.R.C.P. 1029(e). To the extent further factual averments are contained in these paragraphs, they are denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. 9.-11. No response is required. However, to the extent a response is deemed required, all averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). Furthermore, any remaining averments contained in these paragraphs are denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. 12. No response is required. However, to the extent a response is deemed required, Defendant denies any averments contained in this paragraph pursuant to Pa.R.C.P. 1029(e). Any remaining averments contained in this paragraph are denied as Defendant is without sufficient information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. NEW MATTER 13. Defendant incorporates by reference Paragraphs 1 through 12 as if set forth fully herein by reference thereto. 14. Plaintiff John P. 1110 was contributorily negligent. 15. Plaintiff John P. 1110'S claim may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, John Rosenberry, respectfully requests that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER, P.C. By: Date: /-- ...?O-O~ Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 VERIFICATION I, JOHN ROSENBERRY, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA 94904 relating to unsworn falsification to authorities. Date: J - d Gj -0 ~ ~~_~Im= HN ROSENBERR '" CERTIFICATE OF SERVICE AND NOW, this '7tJ ,a:,day of a/Jvp:t~ ,2002, I hereby certify that I have served the foregoing ANS~ WITH ~ MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Andrew C. Lehman, Esquire >- C"') r- cr: ..:> ;:S Z C) (~ ::J ,._)~ (-:' ~- ;:)~ -',- Q. '~-::J C:C'>: (") s:[? ~ '\5 tu /t.:.;,: i1)~ -, ~ 1.1_ '" ::::> C) 0 (J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ILLO JOHN P ET AL VS ROSENBERRY JOHN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROSENBERRY JOHN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 22nd , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 24.00 .00 61. 00 01/22/2002 IRWIN MCKNIGHT ~~~~~~ Sheriff of Cumberland County HUGHES Sworn and subscribed to before me this 30!:::- day OfC}<""^] ~11D J..o A . D . g't' '~~o~;j~'t~t~ . * l'l~.. ?"-+V~" * ; In The Court of Common Pleas of Cumberland County, Pennsylvania John P. 1110 et al VS. John Rosenberry SERVE: John Rosenberry No. 01 6918 civil Now, Decanber 11 , 20~, I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . .~~~-t:~/ Sheriff of Cumberland County, PA Affidavit of Service Now, -DeretlY\lvf 19 ' 20flL, at I './S o'clock P M. served the within_Pt--a"€-. LUr'rLd'S\1VY\rNW\"'. n-V'\G. fUr'J O~ 'SlLmlY'\onS upon . )Ohl'\ f(os;e1\hi'yru , at rv-o.f\khn (o,'S-h'l'n~\O.u/<--t- /",l LJ~('(JIV'l \AJ!1\1 f[J:~jlhllVY\h.>Y~I./I.P./l , I ~ johV\ RoNX\bex-ry tr\1 '€ Cl Y\rl (). ++ e-sf-e d. h,'rn by handing to copy of the original frne, ~~f~l\t1~ ord ,.. 0 Mons the contents thereof. a and made known to So answers, c~~~ ~-\y Sheriff of . I'Mk.11n lc'll.~AI-{lvi~11 \ COUIlty, PA ubscribed before day ,\()'Y\I\I\ n/ ,20ilL I COSTS SERVICE -J~. 00 MILEAGE AFFIDA VIT c,. O() $ . I Seal Patricia A. Strine, Notary Public r.hRrnbers~u~g '1nro Franklin County My ("'/"Il"""lmlsslon EXtJlres Nov. 4, 2004 ::2'-{.00 $ SHERIFF'S RETURN - REGULAR . CA8E NO: 2001-69180 T Amended JOHN P ILLO ET AL VS JOHN ROSENBERRY GUS ALEXIOU - DEPUTY , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within PRAE WRIT SUMMONS was served upon ROSENBERRY JOHN the DEFENDANT , at 1315:00 Hour, on the 19th day of December, 2001 at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to JOHN ROSENBERRY a true and attested copy of PRAE WRIT SUMMONS together with AND WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 9.00 9.00 6.00 .00 .00 24.00 GUS ALEXIOU - DEPUTY BY~ ~et.' Deputy ~ 01/10/2002 MARCUS A. MCKNIGHT III Sworn and Subscribed to before /0 c2H-V day of A.D. " Notarial Sear Patncla A. Stri1l8, Nota~ Public Chil/T!bersbqr( (:);, ,. Fran I,'n C My I' " ounty "lmmrsslon t:Aplfes Nov. 4, 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. ILLO and JANICE L. ILLO, Plaintiffs v. 2001-6918 CML TERM JOHN ROSENBERRY, Defendant CML ACTION - LAW REPLY TO NEW MATTER AND NOW, this 11th day of February 2002 come the plaintiff, John P. Illo and Janice L. Illo, by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Answer to New Matter: 13. The averments offact contained in paragraph one (1) through twelve (12) of the Complaint are hereby incorporated by reference and made a part of this Answer. 14. The averments contained in paragraph fourteen (14) are conclusions oflaw to which an answer is not required. The Plaintiff did not contribute in any manner to the proximate cause of the action of the defendant who struck the Plaintiff with severe force causing his injuries. Paragraph fourteen (14) is therefore denied. 15. The averments contained in paragraph fifteen (15) of the New Matter are specifically denied. On the contrary, the Plaintiff sustained serious personal injuries as a direct consequence of the negligence of the Defendant. 1 WHEREFORE, the plaintiffs, John P. Illo and Janice L. Illo, request compensation and damages from the defendant, John Rosenberry, in the amount in excess of Twenty-Five Thousand and no/IOO ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, By: Date: February 11,2002 2 VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ JOIl<<P. ILLO Date: 0b, II ,2002 JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Reply to New Matter was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Andrew C. Lehman, Esquire NEALON AND GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 IRWIN, McKNIGHT & HUGHES By: Marc s A. Me t, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court 1.0. No. 25476 Date: February 25, 2002 4 >- C'J ~ ~ C'") ::::; ~~ 6~ ~~; ::c o~ 4:',>- 9~ (~):' C~'i 'i..-=- ...0 ':?i:.I> N :.J:Z: l.:,!'. xffi C1 ~:.~,~ co dJ W cD . !--'" L.L. 8 u.. N 0 0 "'0 ~ ,,~ JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, ill, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, IRWIN & cKNIGHT l/bA ! Z By:/ Date: October 7,2005 JOHN P. ILLO and JANICE L. ILLO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6918 CIVIL TERM JOHN ROSENBERRY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael Smoluk, Claims Adjuster Allstate Insurance Company Market Claim Office 6345 Flank Drive, Ste. 1000 Harrisburg, PA 17112-2765 IRWIN & M IGH~ / .~/ V/f//, L e By: Date: October 7, 2005 <) r: _J -u ~ ./:.- 5:y c..) .-<: - "'-' C:::l (.::) en C':"J " -j o -" ::;:! !~i1r!::-' 171/, ~:)C:; :! (!...) -'i", ; _~_r_) ~ CJ ~'jr'I-;