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HomeMy WebLinkAbout04-2313 MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2004 -.;l3/6 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Janel Marie Sheppo and Catherine Bender, and enter my appearance on behalf of the plaintiffs, Miriam W. Mitten and Brian K. Mitten. Please direct the Sheriff to serve the defendant as follows: Ms. Janel Marie Sheppo 2020 Market Street, Apt. #3 Camp Hill, PA 17011 Catherine Bender 50 Sonth 3<<1. Street Saint Clair, P A 17970 May 21, 2004 To: JANEL MARIE SHEPPO and CATHERINE BENDER You are hereby notified that Miriam W. Mitten and Brian K. Mitten, plaintiffs has commenced an action against you which you are required to defend or a default jU(?:'~: 'k~entR aga~ PROTHO@-;~ By: '-- ~n.,.IJ- P.'--nl/l/VYJ DiKlTY Date: /'12:;J'f -'), ,2004 i"-..~ ~ (:) ~ C .-.~ oj 1"- 0 -,'" ~~:! Ii:.. - )J ~ ) 8 c", j.J 0 , - ~ " , w ~ .. w r C"j ~ --r SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02313 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MITTEN MIRIAM W ET AL VS SHEPPO JANEL MARIE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEPPO JANEL MARIE but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , SHEPPO JANEL MARIE 2020 MARKET STREET CAMP HILL, PA 17011 DEFENDANT IS AT NEITHER 2020 MARKET STREET CAMP HILL OR 1401 LOUISA LANE MECHANICSBURG. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 17 .25 5.00 10.00 .00 50.25 R.Thomas Kline eriff of Cumberland County MARCUS MCKNIGHT 06/28/2004 Sworn and subscribed to before me this 7!!:: day of C)'P'l <1-.tn)~. D. a~~ Pro h notary , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITTEN MIRIAM W ET AL VS SHEPPO JANEL MARIE ET AL 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: BENDER CATHERINE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 28th , 2004 , this office was in receipt of the attached return from SCHUYLKILL Sheriff's Costs: Docketing Out of County Surcharge Dep Schuylkill Co 6.00 9.00 10.00 42.00 .00 67.00 06/28/2004 MARCUS MCKNIGHT County Sworn and subscribed to before me this ~ i7 7 - day of 1..}"5 2m <; (J "4_ f A.D. o l1t.d//.; ~. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Miriam W. Mitten et al VS. Janel Marie Sheppo et al SERVE: Catherine Bender No. 04-2313 civil Now May 25, 2004 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Schuvlkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~-f~.R Sheriff of Cum her land County, PA Affidavit of Service Now, ,2D_,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, ::s: '" (/') = (") ::!: ,,:r r'1 ~ ,,,c= :0:;:0 ::.r-< ::;;r"1 -z~ -...;e:> 1_ ,- "CDun!)\.:>pA " ,- ,":,.-. ~ r~ ~n) -"'c- r c> .." ~ ~ :=J: r.. Z .. ,-f = -< ..r_ ...., ..., Sheriff of Sworn and subscribed before me this day of , 2D_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ~-~.-.._-"--,. Wed Jun 23, 2004 09:51AM PLAINTIFF, DEFENDANT: PEOPLE, Service for SEQ DATE 1 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 A F F I D A V I T MITTEN, MIRIAM ET AL V S BENDER, CATHERINE o F R E T URN PAGE: 1 . . DEPUTIZED FROM CUMBERLAND COUNTY B E S E R V E D) COURT NUMBER FILED BY TYPE OF PAPER SERVING NUMBER PRO FILE DATE EXPIRATION SHF RECEIVED DEP RETURNED 2004-2313 CUMBERLAND COUNTY SHERIFF WRIT OF SUMMONS 36654 OS/21/2004 06/20/2004 OS/26/2004 06/23/2004 ------------------------------------------------------------------------------------------------------------------- NAME (p E 0 P L E T 0 ADDRESS 1 ADDRESS 2 ------------------ SO SOUTH 3RD STREET -------------------- BENDER, CATHERINE TIME 06/10/2004 09:30 * REMARKS * REMARKS * REMARKS REMARKS ~----~--, (A T T E M P T S SERVED TO ADDRESS 1 -------- ---------- ADDRESS 2 --------- --------- [NOT FOUND] SO SOUTH 3RD STREET UNABLE TO LOCATE DEFENDANT, NO SUCH ADDRESS, EMPTY LOT & PLAYGROUND. ACROSS THE STREET ADDRESS IS 51 S 3RD. CITY ST ZIP DEPUTY ----------- -------------------- A T S E R V I C E) ST CLAIR ------------------ PA 17970 HAYES, J CITY ST ZIP MILES COST ST CLAIR PA 17970 MINIM 7.50 Total 7.50 Total Mileage Charge for all Services , 7.50 Wed Jun 23, 2004 09:51AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 PAGE: 2 A F F I D A V I T o F R E T URN ~~~~:::==~=~======~=~=:======~=====:====~=~=:====~=~======~=:======~========~=~==========~=~===================~==================: I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual. company. corporation. etc. named above. SWORN and SUbscrlbed before me th18 SO ANSWERS day of (Sheriff of Schuylkill County) ====~========~=====:=:======~======~===~=~==========~==========~======================================~===:======================== End - of - Return (X-211-2004) ----__~_~_.._, _u. IN THE COURT OF COMMON PLEAS OF MIRIAM W. MITTEN and BRIAN K. MITTEN. Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. 2004 - ;lJI3cIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LA W PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants. Janel Marie Sheppo and Catherine Bender, and enter my appearance on behalf of the plaintiffs, Miriam W. Mitten and Brian K. Mitten. Please direct the Sheriff to serve the defendant as follows: Ms. Janel Marie Sheppo 2020 Market Street, Apt. #3 Camp Hill, PA 17011 Catherine Bender 50 South 3"'. Street Saint Clair, PA 17970 By: May 21.2004 To: JANEL MARffi SHEPPO and CA THERINE BENDER (f> :r fT1 :n'" -C"; ~C) ::s: ~ ';p?, '" ... ~:r ~1'\ c::: "I-? 7,~ .r- .-- .. Cl ';(") C ':"" r ...\ -< - - ~ :;'~ -~ ;:; m ~ . c::::> .r::- You are hereby notified that Miriam W. Mitten and Brian K. Mitten, plaintiffs has commenced an action ...,." '"" wOo" ~" = """"'" "' "'''''' ~. "',.." J"'_, =, ~ ~""" ""~ I2",A~ ) ~ PROTHON TA By: '-- ~W~" P~O~M'J DEPU Date: fYl'::Jy;J I ,2004 lRUE COpy FROM RECORD In T 85tlmony wtlere<JI, I here unto set my hHa and till _ of said Court at CarlIsle. Pa. ~ fhk ~~ ~~E;:~-~ rll "\" -" (' IJ" -, d 't ;' /1,..\,;.,f"1.:'J tlD, :i,,' 1111 E IZ uu J..I.NIl(':) ", ..loi'lna ~.:fnI3HS 'ni.:.. j:.i' J~!:~JO MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 2004 ....1~I.1 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LA W TO CURTIS R. LONG, PROTHONOTARY: PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS Please issue a Writ of Summons against the defendants, Janel Marie Sheppo and Catherine Bender. and enter my appearance on behalf of the plaintiffs, Miriam W. Mitten and Brian K. Mitten. Please direct the Sheriff to serve the defendant as follows: Ms. Janel Marie Sheppo 2020 Market Street, Apt. #3 Camp Hill, PA 17011 Catherine Bender SO South 3"'. Street Saint Clair, PA 17970 May 21, 2004 To: JANEL MARIE SHEPPO and CATHERINE BENDER You are hereby notified that Miriam W. Mitten and Brian K. Mitten, plaintiffs has commenced an action against you which you are required to defend or a default judg ent may be entered against you By:'-..... 0rko p_~~ DEPUT Date: fYl':Jy .2-1--,2004 TRUE COPY FROM RECORD In T98tlmony wlilJrect. I here unto sat my hefIQ JIId the seal of said COOrt at Carl'e'" ... r..~.l"I- t _. '. '-~, ,,~~yt!1: ~:~ C02> ,!JY-V L;~if5J -"". ,-~~~ tri,;:)] ~ (.,. (~ fi1i1J :::I9J :~ Ii1ilJ " I ~J H " l . " " ~j J d "I "';\,,,'" i hO. !!.I 1].1] C' Il J.VU ,PI- ol..J C, n .UlliT,l;), ;,,,ffe> ,u11l31lS ,1..,", ..i~ ;,:'.I.;lJO F:\FILES\DATAFILE\Travelers3090\Current\B13.pral Created: 7/\9/04 4:47PM Revised: 7/20/04 \U5AM 3090.B13 MIRIAM W. MITTEN and BRIAN K. MITTEN Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2313 CIVIL ACTION .. LAW JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTl': Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter and issue a rule upon the Plaintiffs to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Ddendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO By Geor e B. Fallt:r, Jr., Esq 1 LD. No. 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Dated: July 21,2004 RULE AND NOW, thisvir1:y of:::('~r ' 2004, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Pro_/;~ CERTIFICATE OF SERVICE I, Jean M. Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Ill, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 MARTSON DEARDORFF WILL ~)lL /Q & OTTO . Taylor Te ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 21, 2004 c' '-;:;. /01 -) '-, ,...., = C? -'-- () -n .-\ --c-n f'i1p -SI,G ~::'~ ~~? oj.: _.;.~ ~~~~ ->~~ t..~ C.O. ,-' N [') c;J MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs : IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2004-2313 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFENIl~ You have been sued in court. If you wish to defend aga~nstthe 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 without 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 32 South Bedford Street Carlisle, Pennsylvania 17013, (717) 249-3166 1-800-990-9108 Americans with Disabilitie~ Act of 1990 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. 2 MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs : IN THE COURT 011 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 2004-2313 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this day of September 2004, comes the Plaintiff, MIRIAM W. MITTEN, by her attorneys, Irwin & McKnight, and makes the following Complaint against the Defendants as follows: 1. The Plaintiff is Miriam W. Mitten, an adult individual residing at 911 West North Street, Carlisle, Pennsylvania 17013. 2. The Plaintiff is Brian K. Mitten. an adult individual residing at 911 West North Street, Carlisle, Pennsylvania 17013. 3. The Defendant is Janel Marie Sheppo, an adult individual residing at 2020 Market Street, Apartment #3, Camp Hill, Pennsylvania 17011. 4. The defendant is Catherine Bender, an adult individual residing at 50 South 3rd Street, Saint Clair, Pennsylvania 17970. 3 5. On May 29,2002, the Plaintiff, Miriam W. Mitten, was a driving a 1991 Mercury Sable station wagon on Interstate 81. 6. On said date, the Defendant and Plaintiff were driving northbound on Interstate 81 in Silver Spring Township, Cumberland County, Pennsylvania. 7. The Defendant, Janel Marie Sheppo, was operating a 1998 automobile which was owned by Defendant, Catherine Bender. Defendant Sheppo was travelling northbound behind the vehicle of the Plaintiff. 8. The Plaintiff, Miriam W. Mitten, was the operator of her vehicle and without warning the automobile driven by Defendant Sheppo struck her from behind as she slowed for traffic. The impact forced the Plaintiff s automobile into the medial area of Interstate 81. 9. The severe impact caused the Plaintiff, Miriam W. Mitten, to receive injuries to her head, neck, back, and right shoulder. 10. Since the accident, the Plaintiff, Miriam W. Mitten, has sustained severe depression and emotional distress regarding the injuries she sustained in the accident. II. Following the accident, the Plaintiff has been unable to consistently operate a motor vehicle. She has not been able to return to any gainful employment. 12. The injuries sustained by the Plaintiff was caused by the negligent and careless actions of the Defendant, Janel Marie Sheppo. 4 13. The Defendant, Janel Marie Sheppo, was negligent arld careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision. b. She was operating her vehicle at an unsafe speed for the road conditions. c. She was operating her vehicle in a reckless manner. d. She was not paying attention to the highway conditions or traffic ahead of her. e. She was distracted from paying proper attention to the highway in front of her. 14. The negligent actions of the Defendant, Janel Marie Sheppo, were the proximate cause of the injuries to the Plaintiff, Miriam W. Mitten. 15. The Defendant, Janel Marie Sheppo, was acting as an agent on behalf of the owner of the vehicle, Defendant. Catherine Bender. Defendant Bender is bound by the negligence of Defendant Sheppo. 16. The Defendant Bender knew or should have known that the Defendant Sheppo was not able to safely operate the 1998 automobile. Defendant Bender negligently provided the automobile to Defendant Sheppo. 17. The conduct of the Defendant Sheppo in operating the motor vehicle in a negligent manner was done with a reckless indifference to the safety of the Plaintiff. 18. The Plaintiff, Miriam W. Mitten, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 5 19. The Plaintiff, Miriam W. Mitten, seeks compensation for the medical expenses which she has incurred and may incur in the future to treatment of her injuries and lost income from her -work which occurred as a result ofthe injuries she sustained in the accident. 20. The Plaintiff, Miriam W. Mitten, also seeks compensation for the serious and permanent injuries which she has sustained as a result of the accident. 21. The Plaintiff, Brian K. Mitten, seeks damages he sustained in the loss of society as well as the care and comfort of his wife, the Plaintiff, Miriam W. Mitten. WHEREFORE, the Plaintiffs, Miriam W. Mitten and Brian K. Mitten, her husband, requests compensation damages from the Defendants in the amount in excess of Twenty-Five Thousand and no/lOO ($25,000.00) Dollars with interest as pmnitted by law and the costs ofthis litigation. Respectfully submitted, By: - .. .. ~~ Date: September 21, 2004 6 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have wad 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. ~. ~ ~~ :.Uk1.h-YfI: ~. MIR [ W. MITTEN Date: September 21, 2004 MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2004.2313 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LA W JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, m. Esquire, hereby certify that a copy of attached Complaint was served upon the fol1owing 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 fol1ows; George B. Faller, Ir. Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 _mwm&M'~(~ By; 60 West Pomfret Stre Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date; September 21, 2004 . " ~,\.\~-(j ,t. .~" '." .. ..., ..'.. '. Cl ." ,-::> t::~:l ~- (~ ,) 'J v., ::::;! ri' .. '"""\; N "TJ -..,,~ j,,) r"\.> C:. IN/fIlE COURT OF COMMON PLEAS OF cmmERLAND COUNTY MITTEN Vs. NO. 2004 2313 SHEPPO, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . --~~ GEORGE B J?ALLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 717-243-3341 ATTORNEY~OR DEFENDANT ~NQU~R~ES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 Date: 09/13/04 By: Patrice Laporte File #: M313906 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MITTEN Vs. SHEPPO, ET AL No. 2004 2313 TO: MARCUS MCKNIGHT, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You haVE: twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/20/04 GEORGE B F.MoLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISS~~ON STREET PHILADELPHIA, PA 19135 (215) 335--4907 By: patric:e Laporte Enc(s): copy of subpoena(s) Counsel return card File #: M313906 ~TH OF PENNSYLVANl1\ cxxJNrY OF ~ MITTEN VS. File No. 2004 2313 SHEPPO, ET AL SUBPOENA TO P~ ~S OR 'THINGS FOR 0 I $CX.l\IERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, 1690 KENNETH RD BOX 14007, YORK PA 17404 TO: lI.'T''I'1IT' nRRRA SCHNEIDER (Name of Person or Entity) Within twenty (20) days after service of this subpoena" you are ordered by the court to produce the following ~t~ or things: SEE A'lTAClllilJ ADlJ~NlJUM at_ MEDICAL LEGAL REPRODUCTIONS<A~S~940 DlCSSTON ST., PHILA., PA --~--_. You may del iver or mai I legible copies of the docunE~ts or produce things requested b) t.his subpoena, together with the certificate of CCl'1ll1iance, to the party making thio request at the address 1 isted above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within twenty (20) days after its servjce, the party serving thin subpoena may seek a court orde.' carpellins you to carply with it. 1H 1 S SUBPOENA WAS 1 SSUED AT 'THE REQUEST OF 'THE FOLLON I NG PERSON: NAl-E: r.:F.()RGE~R, ESQ AOORESS: -']:{l E UIOn 0'1' CARLISLE, FA 17013-3093 215-335-3212 "TELEPHONE: SUPREI'E CXlURT 10 ~ ATTORNEY FOR: 49813 DEFENDANT BY 'THE cxurr: ~D,:;tA I? ~~ ';J:i, Prot~~tar C k, _~__l2 )M,/1.u CivU Division M313906-01 DATE: 1fT;:. V..a I ~M~I Sea of the O:ll.lI"t DePUty (Eff. 1/97) ADDENDUM TO SUBPOENA MITTEN Vs. No. 2004 2313 SHEPPO, ET AL CUSTODIAN OF RECORDS FOR: STATE FARM INS CO A COpy OF HER FIRST PARTY BENEFITS FILE, INCLUDING BUT NOT LIMITED TO THE FIRST PARTY BENEFITS FILE CONCERNING THE }~CIDENT OF MAY 29, 2002 ANY INCLUDING ANY OTHER ACCIDENTS PLAIN'l~IFF MAY:HAVE HAD. CLAIM #3BJ94B011; POLICY #300662 Dl138A PERTAINING TO: NAME: MARIAN MITTEN ADDRESS: 911 W NORTH ST CARLISLE PA DATE OF BIRTH: 03/24/53 SSAN: 221307941 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS PATIENT BILLING RECORDS / XRAYS ha,~ been destroyed Date Author~zed signature fOl: STATE FARM INS CO CUMBERLAND M3l3906-01 * ** SIGN AND RETURN THIS PAGE * ** - r-) c--. " ",' ~:~::-~; J-- ;j~' , r--,~ '-'" tJ.J f') F,IFILESIDAT AFILEITravelers3090\CulTent\8131813stipl/nlm Created 9/27/04 !0:55AM Revised: 617105 1:49PM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants . . MIRIAM W. MITTEN and BRIAN K. MITTEN Plaintiffs v. JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2313 CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION TO DISMISS AND NOW, the parties to the above-referenced matter, through their c<}Ullsel, hereby agree and stipulate as follows: I. This case evolves out of an automobile accident wh:ich occurred on May 29, 2002. 2. At the time of the accident, the Defendant Janel Marie Zook, (formerly known as Janel Marie Sheppo) was operating a 1998 Chevy Malibu, owned by her grandmother, Catherine Bender. 3. The parties agree that Catherine Bender can hereby be dismissed as a party Defendant in the above-referenced matter and that the caption shall be amended to read as follows: "Miriam W. Mitten and Brian K. Mitten v. Janel Marie Zook. formerlv known as Janel Marie Sheppo" ?;zc.oS- , S&OTTO By Geo B. Fal) r, Jr., Esquire I.D. Number4981~ 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation to Dismiss was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO .. B/~>OC~ U" ~C~O Melissa A. Mowery Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 22, 2005 , 1- - ~ t.{ V'-t .c:: or- \) \- - ~ N ~ -4. Y1 C> CJ ~ E: r '''"'::Jt":' ,'-' " -7 -. i_,...f ",( '.- (n r:: ,. ':;;;.-- J'-' , ~ii,::~ 2". ::.:: o c .-' = C'_~ <f' <- C", ..... ,...., N q, 1.-" f1'r: -';Jtr:' ~~( ") :-~;., ;,-)'::(, L. ..-;;~\ S.} (') ;~;~f.rn -0 -;J'~ t:'? C\ c;r> C;,-- :2 - MIRIAM W. MITTEN and BRIAN K. MITTEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA v. NO. 2004-2313 CIVIL lWX JANEL MARIE ZOOK, formerly known as JANEL MARIE SHEPPO RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the fOlloWing fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: George B. FAller, Jr. , Esquire , counsel for the Iikiii:lIlIIdefelldant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is$ does n"t exceed $.35,000.00. The Counterclaim of the defendant in the action is The following attorneys.are interested in the case(s) as counselor are ?therwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Marcus A. McKn1ght, Esqu1re WHEREPORE, your petitioner prays your Honorable COUrt to Bppoint three (3) arbitrators to whom the case shall be submitted. Esq.. and actions) as prayed for. ., Esquire ,..:J-9.2 "Q..,')fuconsideration oft e /. '. . . Esq.: .~ ,d~-:l,A~r, . Esq., are appOInted arhltrators In the above Captioned action (or ..~ P.l, ~; .c,_ \-- UJ~? ~".} i:-'~:, ()'::- fi\ C'- :;;:;:::;. \.~.1 ~'-~ \J-- a ,.0 - (~ " .',..::: .,;;..... .....0 , "- ~d ~ .:.....;,;. ~-4 r t:;: , , -'5 o r-> a 0 = c-: <= -., \-) ~ a< --1 (C) = ::r.:,., ~ .~ c::: rnl.-::: II G") --Cll" () (.., ::'!S~) () l~.:~ ~~;) -- --- ~" ~'~~ ~5 :::'''''- 6"- Vc p:: --" -:':::::ri1 <.J ~ W ':? -., -,",- IN ~b :< ~ ~ J- 0-' ~ MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2004 -2313 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants 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, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, By: gh , III, Esquire 60 West Pomfret et Carlisle, Pennsylvania 170 I 3 (717) 249-2353 Date: November 3, 2005 . : IN THE COURT OF COMMON PLEAS OF MIRIAM W. MITTEN and BRIAN K. MITTEN, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. 2004 -2313 CIVIL TERM JANEL MARIE SHEPPO and CATHERINE BENDER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, 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: George B. Faller, Jr., Esq. Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 By: Marcus A. McKn' 60 West Pomfret S Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: November 3, 2005 ::'."j .< C) r- "" C~;;) c.::") c.r, =2: <:;:) '"<: r W o "1, -..., ::C:'r1 n1___ r-- ."JJ !1J ",',7 U(4 ~;j_-d (~I-rl' ;"J;;' ;" -:'>. ~:o --< r-; ,~ .....) -"~ -- ~ W 0;> MIRIAM W. MITTEN and BRIAN K. MITTEN v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 04-2313 CIVIL TERM CIVIL ACTION - LAW JANEL MARIE ZOOK, formerly known as JANEL MARIE SHEPPO IN RE: ARBITRATION ORDER OF COURT AND NOW, November 7, 2005, the Court having been informed that the above case has been settled prior to hearing, the Board of Arbitrators previously appointed is hereby vacated, and John M. Eakin, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, L P.J. John M. Eakin, Esquire (0 PV f'I1(;,\eCR Market Square Building I ( Mechanicsburg, PA 17055 Court Administrator - Co,' (r 0'" ~ ,. G Z : 11 \\'1 L -- f\(jH Suul Billed 111505' 3H1 ~c .. .,",~,..