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Home My WebLink About09-7219ANGINO & 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 RICKI and HEIDY WEIRICH, Plaintiffs V. SAMANTHA ENDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Oq - 7x19 &VII (erm 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. O",IGINAL 414848 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 mds adelante en las siguientes pdginas, 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 mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION 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 414848 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 RICKI and HEIDY WEIRICH, Plaintiffs V. SAMANTHA ENDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 9 - 7.z J 9-? CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Ricki and Heidy Weirich are adult individuals and citizens of the Commonwealth of Pennsylvania who reside in Etters, York County, Pennsylvania. 2. Defendant Samantha Enders is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 554 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The facts and occurrences hereinafter related took place on or about December 5, 2007, at around 4:20 p.m. on S.R. 1015 (East Penn Drive), East Pennsboro Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Ricki Weirich had been operating his 1999 Chevrolet Cavalier, traveling east on East Penn Drive. Mr. Weirich had stopped his vehicle at the intersection of East Penn Drive and Magaro Road. 5. At the same time and place, Defendant Enders was operating a 2007 Hyundai Elantra, also traveling east on East Penn Drive. 414848 6. Defendant Enders permitted the front of her vehicle to collide into Mr. Weirich's stationary vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Ricki and Heidy Weirich are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Samantha Enders operated her motor vehicle as follows: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on East Penn Drive; b. failure to stop her vehicle within the assured clear distance ahead; C. failure to brake before colliding into the rear of Mr. Weirich's stationary vehicle; and d. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Ricki Weirich v. Samantha Enders 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 9. Plaintiff Ricki Weirich sustained painful and severe injuries, which include but are not limited to chronic left shoulder pain, chronic low back pain, cervical pain, left arm pain, herniated disc at C5-C6, L5-S1 radiculopathy on the left and right side, left upper extremity axonal brachio plexopathy, left ulnar neuropathy, lumbar facet arthropathy, and cervical neuritis. 414848 10. By reason of the aforesaid injuries sustained by Mr. Weirich, he was forced to incur liability for extensive medical treatment, medications, therapy, injections, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 11. Because of the nature of his injuries, Ricki Weirich has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 12. Mr. Weirich 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. 13. Mr. Weirich continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 14. As a result of the aforementioned injuries, Mr. Weirich has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. CLAIM II Heide Weirich v. Samantha Enders 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference. 16. As a result of the aforementioned injuries sustained by her husband, Plaintiff Ricki Weirich, Plaintiff Heidy Weirich as been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. 414848 WHEREFORE, Plaintiffs Ricki and Heidy Weirich demand judgment against Defendant Samantha Enders 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. David . 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: 10-010 Oq 414848 VERIFICATION We, Ricki and Heidy Weirich, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Witness &-t?& A/J-'O? Ricki Weirich Witness C 41 Heidy Wei 'ch Dated: Q FILE D- x 2 C.CT ? I Pi, 12: 4 i- G? . 'Y *?8.50 PA pTr-i ee aog45 3340 Sheriffs Office of Cumberland County R Thomas Kline ^F Sheriff OF TW THMAW Ronny R Anderson °9 OCT 27 AM 9: I Chief Deputy ?;? .. Jody S Smith CUMBE-,'?LiVib COUNTY Process Sergeant CUFF CE ' T. E `,-SRI€F PENNSYLVANIA Edward L Schorpp Solicitor Ricki Weirich vs. Samantha Enders Case Number 2009-7219 SHERIFF'S RETURN OF SERVICE 10/22/2009 05:14 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 1714 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Samantha Enders, by making known unto Matthew Brought, adult in charge, at 554 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 October 23, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF i Depu 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 RICKI and HEIDI WEIRICH, Plaintiffs V. SAMANTHA ENDERS, Defendant NO. 09-7219 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Samantha Enders in the above-captioned matter. Respectfully submitted, Date: November 9, 2009 382544 Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNS, DUFFIE, STEWART & WEIDNER B 4Jffn J . Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant F 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 November 9, 2009: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. Shipman FLED'-.13 !';f 7 THE MY .t. 2009 NO`S ; D Psi 12: j f. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com RICKI and HEIDY WEIRICH, Plaintiffs V. SAMANTHA ENDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7219 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 To: Defendant Samantha Enders, 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 (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on December 5, 2007, at around 4:20 p.m., on State Route 1015 (East Penn Drive) you were involved in a motor vehicle collision? Admit Deny 425082 2. Do you admit that before the subject motor vehicle collision, you were operating a 2007 Hyundai Elantra, traveling east on East Penn Drive? Admit Deny 3. Do you admit that the front of your vehicle collided into the rear of a 1999 Chevrolet Cavalier that was stopped at the intersection of East Penn Drive and Magaro Road? Admit Deny ANGINO & ROVNER, P.C. *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 HR Attorney for Plaintiffs Date: 1 L) I 425082 ? I ? 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 PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 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: ? ? -- ) ?) 0 `- 425082 FILED ;,'a E 2009 NOV 24 Al 9: 16 PNC BANK, N.A., EXECUTOR OF THE ESTATE OF WILLIAM G. MAGARO Plaintiff, : IN THE COURT OF COMMON PLEAS OF s : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-7265 LOWELL R. GATES, Defendant, ANSWER TO PRELIMINARY OBJECTIONS Defendant apparently intends his preliminary objections to be a demurrer in which case the 23 paragraphs in his motion improperly allege facts which are not before the court in considering the demurrer. Plaintiff answers the allegations in defendant's preliminary objections although the demurrer should be considered without regard to any allegations. Plaintiff answers the allegations in defendant's preliminary objections to complaint as follows: 1.) Paragraphs 1 thru 5 are general statements of legal principles and do not require an answer. 6.) The defense of res judicata must be raised under New Matter. Pa RCP 1030 (a) 7.) The record of case 03-6247 is a matter of record and the allegations therein speak for themselves. 8.) Admitted 9.) The allegations of this paragraph are legal opinions and require no answer. 10.) Admitted 11.) Admitted 12.) It is denied the present action involves a case already decided on the merits and on the contrary the personal liability of Lowell R. Gates has never been adjudicated. 17.) Paragraphs 15 and 24 of the Complaint speak for themselves. 18.) Plaintiffs complaint alleges an agreement between PNC Bank, Executor, and Lowell R. Gates that the Greenray stock held as an estate asset would be redeemed by Lowell R. Gates and the portion of the sales price due to the Executor would be paid by him. 19.) The Courts decision in case 03-6247 is res judicata on the issue of the client for whom Lowell R. Gates was acting when he caused the loss by not accounting for the sale of the Greenray stock proceeds. 20.) PNC Bank has alleged it delivered the stock to Lowell R. Gates for redemption and this issue was raised in case 03-6247 and the matter is res judicata. 21.) The allegations of paragraph 21 are legal conclusions which require no answer. 22.) Denied and on the contrary Gates and Associates PC is an active corporation as per records of the Pennsylvania Corporation Bureau. 23.) This allegation is the same as the allegation in paragraph 18 and plaintiffs answer thereto is incorporated by reference. WHEREFORE plaintiff moves for dismissal of defendants preliminary objections. Respectfully submitted, Date: November 24, 2009 ??L -M - . John Eakin Market Square Building Mechanicsburg, PA 17055 ID # 06351 PNC BANK, N.A., EXECUTOR OF : IN THE COURT OF COMMON PLEAS OF THE ESTATE OF WILLIAM : CUMBERLAND COUNTY, PENNSYLVANIA G. MAGARO Plaintiff, : CIVIL ACTION - LAW : NO. 09-7265 LOWELL R. GATES, Defendant, VERIFICATION I, John A Eakin, hereby verify the statements in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: November 24, 2009 ("W V), EL John Vakin PNC BANK, N.A., EXECUTOR OF THE ESTATE OF WILLIAM G. MAGARO Plaintiff, LOWELL R. GATES, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-7265 CERTIFICATE OF SERVICE I, John M. Eakin, adult individual, hereby certify that a true and correct copy of the foregoing response to defendant's Preliminary Objections has been served this day upon the following counsel of record by United States first class mail, postage prepaid, addressed as follows: Sarah E. McCarroll, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 / (717) 731-9627 s.mccarroll(cga teslawfirm.com Attorney for Lowell R. Gates Date: November 24, 2009 John M. Eakin Market Square Building Mechanicsburg, PA 17055 ID # 06351 ::fiCr: OF ?1H Gnulr (r?T y OF K `iE .. 9 .. . . 2009 NOY 24 Ph l : 34 .IOHNSON, DUFFIE, $TEWART ~ 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 RICKI and HEIDI WEIRICH, Plaintiffs v. SAMANTHA ENDERS, Defendant Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7219 Civil Term NOTICE TO PLEAD TO: Ricki and Heidi Weirich, and their counsel, David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 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: November 30, 2009 Jefferson J. Shipr>San, Esquire Attorney I.D. No. 51785 Counsel for Defendant JOHNSON, DUFFIE, STEWART 8< 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 Defendant RICKI and HEIDI WEIRICH, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v~ NO. 09-7219 Civil Term SAMANTHA ENDERS, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT SAMANTHA ENDERS TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Samantha Enders, by and through her counsel, Jefferson Shipman and Johnson Duffie Stewart & Weidner, P.C. and files this Answer and New Matter to Plaintiffs' Complaint by stating the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted upon information and belief. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that the Enders' vehicle came into contact with the Weirich vehicle Any remaining averments of paragraph number 6 are denied as stated. 7. Denied. The averments contained in paragraph number 7 and subparagraphs a. through d. are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments relating to Plaintiffs' alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. a. Denied. It is specifically denied that Ms. Enders failed to keep alert and maintain a proper watch for the presence of other motor vehicles on East Penn Drive; b. Denied. It is specifically denied that Ms. Enders failed to stop her vehicle in the assured clear distance ahead; c. Denied. It is specifically denied that Ms. Enders failed to brake before colliding into the rear of Mr. Weirich's stationary vehicle; and d. Denied. It is specifically denied that Ms. Enders drove her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Ricki Weirich v. Samantha Enders 8. Ms. Enders incorporates herein by reference her answers to paragraphs 1 through 7 above as though fully set forth herein at length. 9. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in 2 paragraph number 9 and the same are therefore denied and strict proof is demanded at the time of trial. 10. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 11 and the same are therefore denied and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 12 and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 13 and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 and the same are therefore denied and strict proof is demanded at the time of trial. 3 CLAIM II Heidy Weirich v. Samantha Enders 15. Ms. Enders incorporates herein by reference her answers to paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. After reasonable investigation, Ms. Enders is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Samantha Enders, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 17. That the Plaintiffs have failed to state a cause of action for which relief may be granted. 18. That if the Defendant, Samantha Enders, is deemed to be negligent, which is denied, then in that event any such negligence was not a factual cause nor substantial factor in causing any injuries to the Plaintiffs. 19. That the Plaintiffs' alleged injuries were pre-existing. 20. That the Plaintiffs may have failed to mitigate their alleged injuries and damages. 21. That the accident may have been caused by an intervening, superseding cause. 4 22. That the accident and any alleged injuries may have been caused by third parties or entities not presently involved in this action. 23. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the provisions of the Pennsylvania Financial Responsibility Law including the limited tort option. WHEREFORE, the Defendant, Samantha Enders, respectfully requests that judgment be entered in her favor and that the Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHN , DUFFIE, STEWART & WEIDNER By: ' J erson J. Ship an, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: November 30, 2009 5 VERIFICATION I, Samantha Enders, 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. a antha Enders Date: ~ ~% 382787 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 November 30, 2009: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. Shi man ,-,~- ri',_k_ - -- ,r ..r Tr`- .t.n~~ ~; 1.-~,~1_ i ~ ~-itF~t-~ 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 2DiflMAY ~fl PNl 3~ 09 RICKI and HEIDI WEIRICH, Plaintiffs v. SAMANTHA ENDERS, Defendant TO THE PROTHONOTARY: PRAECIPE TO SETTLE AND SATISFY Please mark the above captioned action settled and discontinued and the Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7219 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED arbitrators' award satisfied. ANGINO ROVNER, P.C. JO ON, DUFFIE, STEWART & WEIDNER By: B . Da i L. Lutz eff n J. Shipm n DISCONTINUANCE CERTIFICATE AND NOW, this day of directed. :401281 2010 suit has been marked as above PROTHONOTARY ~ ~ 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 mail, postage prepaid, in Lemoyne, Pennsylvania, on May 19, 2010. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: 'chelle H. Spangl :401281