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HomeMy WebLinkAbout10-3056GUY ECKERT, Plaintiff V. MOBILE STORAGE, INC., t/d/b/a HORNUNG'S HARDWARE AND RENTALS and JOHN DELL.INGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. ciyi(-Fe M- ACTION - LAW c-? JURY TRIAL DEMANDED G; NOTICE 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 an 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 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 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, PA 17013 1-800-990-9108 717-249-3166 0 $qa. OO PA A !Z? a4?sd9 GUY ECKERT, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. V. CIVIL ACTION - LAW MOBILE STORAGE, INC., t/d/b/a HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 GUY ECKERT, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. V. CIVIL ACTION - LAW MOBILE STORAGE, INC., t/d/b/a HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, : Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff Guy Eckert is an adult individual residing in Cumberland County, Pennsylvania. 2. The Defendant, John Dellinger, is an adult individual residing in Dauphin County, Pennsylvania. 3. The Defendant, Mobile Storage, Inc., t/d/b/a Hornung's Hardware and Rentals, is a corporation created under the law of the Commonwealth of Pennsylvania which at all relevant times employed Defendant, John Dellinger. 4. On or about June 27, 2008, Guy Eckert was lawfully operating his vehicle along Mount Allen Drive in Cumberland County, Pennsylvania, when he approached its intersection with East Lisburn Road and stropped at the stop sign controlling the intersection. 5. At that time and place, a vehicle driven by Defendant Dellinger operating within the course and. scope of his employment for Defendant, Mobile Storage, Inc., t/d/b/a Hornung's Hardware, LLC, was proceeding on East Lisburn Road towards Mount Allen Drive in the opposite lane of travel, which was also controlled by a stop sign. 6. Despite the stop sign, the vehicle driven by Mr. Dellinger slid through the intersection without stopping, struck another vehicle with the right of way entering the intersection, and then caromed off that vehicle into the unit driven by Mr. Eckert. 7. As a result of Defendants' negligence as described below, Plaintiff Guy Eckert has sustained serious injuries which include, but are limited to the following: 1. Fractured ribs. 2. Severe trauma and injury to the cervical and lumbar spine. 3. Injury to the nerves and nervous systems causing tremors, numbness, and weakness. 8. As a direct and proximate result of Defendants' negligence as stated herein, Plaintiff has incurred, and in the future may incur, medical bills and expenses, and claim is made therefor, to the extent allowed by law. 9. As a direct and proximate result of Defendants' negligence as stated herein, Plaintiff has suffered, and will in the future suffer, lost wages and decreased earning capacity, and claim is made therefor. 10. As a direct and proximate result of Defendants' negligence as stated herein, Mr. Eckert has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 11. As a direct and proximate result of Defendants' negligence as stated herein, Mr. Eckert has been, and in the future will be, subject to great humiliation and embarrassment, and claim is made therefor. 12. As a direct and proximate result of Defendants' negligence as stated herein, Mr. Eckert will continue to have medical problems which may require future medical treatment, and claim is made therefor. 2 COUNTI GUY ECKERT v. MOBILE STORAGE, INC., T/D/B/A HORNUNG'S HARDWARE AND RENTALS AND JOHN DELLINGER 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth at length. 14. All of Plaintiff's damages as hereafter related are the direct and proximate result of the negligence of John Dellinger, operating his vehicle within the course and scope of his employment for Mobile Storage, Inc., t/d/b/a Hornung's Hardware and Rentals, and that he: 1. Failed to stop at a controlled intersection. 2. Failed to have his vehicle under proper and adequate control. 3. Failed to yield the right of way to oncoming traffic. 4. Operated his vehicle in such as a fashion that it entered the oncoming lane of traffic travel, striking Mr. Eckert's vehicle. 5. Failed to yield the assured cleared distance ahead. 6. Was traveling too fast for rainy and wet conditions. 7. Failed to anticipate the time needed to stop the vehicle under adverse conditions at the intersection, and commenced braking without sufficient time to come to a safe stop. 8. Driving without adequate trailer brakes. 9. Otherwise operated his vehicle in violation of the law of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff Guy Eckert, demands judgment against Defendants Mobile Storage, Inc., t/d/b/a Hornung's Hardware and Rentals and John Dellinger for compensatory damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest s and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 3 COUNT II GUY ECKERT v. MOBILE STORAGE, INC., T/DB/A HORNUNG'S HARDWARE AND RENTALS AND JOHN DELLINGER 15. Paragraphs 1 through 12 and Count I of this Complaint are incorporated herein by reference as if set forth at length. 16. Plaintiff's damages are also the direct and proximate result of the independent negligence of Mobile Storage, Inc., t/d/b/a Homung's Hardware and Rentals through its agents and servants, in that it permitted Mr. Dellinger to transport a trailer without brakes or adequate brakes, thereby contributing to the accident and Plaintiff's injuries, and also that it failed to maintain, inspect and warn of the faulty brake system on the said trailer. WHEREFORE, Plaintiff Guy Eckert, demands judgment against Defendants Humung's Hardware, LLC and John Dellinger for compensatory damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest s and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP JtO4, . Melillo, Esquire 1.6211 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: 6!5- 0 ?-/ D 4 VERIFICATION I, Guy Eckert, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the provisions of 18 Pa. C.S. §4904, relating to the unsworn falsification to authorities. Guy Eckert Date: C5 - UCs - 10 4 "A Johnson, Duffle, Stewart ~ Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com GUY ECKERT, Plaintiff Attorneys for Defendant 4 ~ c ~, 3 -~ = n t ~-4 c ; ~' {-> ~~ "~ _~ ~"., -Ar _ `r. ~` "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3056 CIVIL v. MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants PRAECIPE TO ENTER APPEARANCE AND NOW, this 11th day of June, 2010, enter the appearance of JEFFERSON J. SHIPMAN, I.D. 51785, on behalf of Defendants in the above captioned suit. :404091 JOHNSON, DUFFIE, STEWART & WEIDNER B: ffer o J. Shipman ,. ~ CERTIFICATE OF SERVICE AND NOW, this 11th day of June, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: ' helle H. pangler :404091 4 ~i~~l ~E r1r- 'T'l it I ~~~.. .. -.: 1 ICY Johnson, Duffie, Stewart & tly~,jd~~r_ ~ P°i ~~ jj~~ U By: Jefferson J. Shipman I.D. No. 51785 _. „ Attorneys for Defendants 301 Market Street ~ ~~ r , ~ C~~.w.~~ ~~'~~ ~ P. O. Box 109 r~c;`~~u..~~~.~,..: ,,.,. Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com GUY ECKERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-3056 CIVIL v. : CIVIL ACTION -LAW MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND JURY TRIAL DEMANDED RENTALS and JOHN DELLINGER, : Defendants NOTICE TO PLEAD TO: Guy Eckert c/o Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. Date: ~ ~ Q JOHNSON, DUFFIE, STEWART & WEIDNER Je rson J. Ship an, Esquire ~ ~ f Johnson, Duffie, Stewart 8 Weidner By: Jefferson J. Shipman I.D. No. 51785 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com GUY ECKERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-3056 CIVIL v. CIVIL ACTION -LAW MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND JURY TRIAL DEMANDED RENTALS and JOHN DELLINGER, Defendants ANSWER AND NEW MATTER OF DEFENDANTS AND NOW, come the Defendants Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger and file the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. It is admitted that on or about June 27, 2008 the Plaintiff was operating his vehicle along Mount Allen Drive in Cumberland County, Pennsylvania. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 4 and the same are therefore denied. 5. Admitted. 6. Denied. The averments contained in paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are denied as stated. 7. Denied. The averments contained in paragraph 7 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 7 and the same are therefore denied and strict proof is demanded at the time of trial. 8. Denied. The averments contained in paragraph 8 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 8 and the same are therefore denied and strict proof is demanded at the time of trial. 9. Denied. The averments contained in paragraph 9 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 9 and the same are therefore denied and strict proof is demanded at the time of trial. 10. Denied. The averments contained in paragraph 10 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 10 and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. The averments contained in paragraph 11 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 11 and the same are therefore denied and strict proof is demanded at the time of trial. 12. Denied. The averments contained in paragraph 12 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 12 and the same are therefore denied and strict proof is demanded at the time of trial. COUNTI Guy Eckert v. Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger 13. The answering Defendants incorporate herein by reference their answers to paragraphs 1 through 12 above as though fully set forth herein at length. 14. Denied. The averments contained in paragraph 14 are 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. 1. Denied. It is denied that the Defendants were negligent in allegedly failing to stop at a controlled intersection. 2. Denied. It is denied that the Defendant failed to have his vehicle under proper and adequate control. 3. Denied. It is denied that the Defendant failed to yield the right-of- way to oncoming traffic. 4. Denied. It is denied that the Defendant operated his vehicle in a negligent fashion such that it entered the oncoming lane of travel striking the Eckert vehicle. 5. Denied. It is denied that the Defendant failed to yield the assured clear distance ahead. 6. Denied. It is denied that the Defendant was traveling too fast for rainy and wet conditions. 7. Denied. It is denied that the Defendant failed to anticipate the time needed to stop the vehicle under adverse conditions at the intersection and commenced braking without sufficient time to come to a safe stop. 8. Denied. It is denied that the Defendant was driving without adequate trailer brakes. 9. It is denied that the Defendant otherwise operated his vehicle in violation of the laws of the Commonwealth of Pennsylvania. WHEREFORE, the Defendants Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT II Guy Eckert v. Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger 15. The answering Defendants incorporate herein by reference their answers to paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. The averments contained in paragraph 16 are 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. WHEREFORE, the Defendants Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 1. That the Plaintiff s alleged cause of action may have been caused in whole or in part by the negligence of third parties or entities including PennDOT and or Upper Allen Township. 2. That the Plaintiffs alleged cause of action may have been caused by a dangerous condition of the highways. 3. That if it should be found that the Defendants are negligent, which is denied, then in that event any such negligence was not a factual cause of the accident and Plaintiffs alleged injuries. 4. That the accident may have been unavoidable. 5. That the accident may have been caused by Plaintiffs own comparative negligence. WHEREFORE, the Defendants Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. JO ON, DUFFIE, STEWART & WEIDNER J ffe s J. Ship n :404279 VERIFICATION I, J~~P~ ~p~VoJC) hereby acknowledge that Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer and New Matter to Plaintiff's Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. By: DATE: ~ ~ ~~ MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND RENTALS CERTIFICATE OF SERVICE AND NOW, this ~~day of June, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 404279 JOHNSON, DUFFIE, STEWART & WEIDNER Mi helle H. Spangler I ~ a GUY ECKERT, Plaintiff v. : MOBILE STORAGE, INC., t/d/b/a HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 10-3056 Civil CIVIL ACTION -LAW i +`:.. ;,> _ ;: JURY TRIAL DEMANDED;;,. ~:: N C~ C^.,~ ~_W ~._ ~a~ ~.- Q.~A rv ~,~; -~, =~- ^-y, Ti :_ PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER ~ AND NOW, comes the Plaintiff, Guy Eckert, by and through his attorneys, Navitsky, Olson & Wisneski LLP, and hereby enters the following Reply to the New Matter of Defendants: 1. Denied. Defendants state a conclusion of law to which no response is required. By way of further response, after reasonable investigation, the Answering Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments stated herein and same are therefore denied and strict proof demanded at the time of trial. 2. Denied. Defendants state a conclusion of law to which no response is required. By way of further response, after reasonable investigation, the Answering Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments stated herein and same are therefore denied and strict proof demanded at the time of trial. 3. Denied. Defendants' negligence is a factual cause of Plaintiff's harm for the reasons stated in Plaintiff's Complaint. 4. Denied. The accident was caused by the Defendants' negligence as itemized in paragraph 14, above. It is specifically denied that the accident was unavoidable. 5. Denied. At all relevant times, Plaintiff, Guy Eckert, acted reasonably and lawfully, and he was not comparatively negligent. WHEREFORE, Plaintiffs respectfully requests that the New Matter of Defendants be dismissed, and that judgment be entered in favor of the Plaintiff. Respectfully submitted, NAVITSKY, OLSON & WISNESHI LLP Q~~i.~ Jos~h~G1. Melillo, Esquire I.D. No. 26211 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: July 13, 2010 2 VERIFICATION I, Guy Eckert, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the provisions of 18 Pa. C.S. §4904, relating to the unsworn falsification to authorities. Guy Eckert Date: 07 /~~ ~ lQ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss I, Joseph M. Melillo, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff and that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiff. Date: b ~~ / 3~1© Joseph M. Melillo Sworn to and subscribed before me this /,~l day of ~ , 2010. ~- Notary Public My Commission expires: AL-~ P Lws E Srouffeiot S~otr . Notar -ubpe Saqueho,w~ Twp,~ MY Go~nmiuion Ex ~~~ ~ownY Pi-n Moreh 28, 2013 MeT~ : MroylvoMa Assxio-~ o/ NMOrMs .~ S .. ~- ..'a ., ~< 7. CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to Defendants' New Matter was served upon the following persons by first-class United States mail, postage prepaid on July 13, 2010 as follows: Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants ~ e-~-~ ~' Lois E. Stauffer ` ...._ ,_r~... T C 1Y~ 1J 1..~ ~..! ~ 'b ~._ ,_,:., Johnson, Duffie, Stewart 8~ Weidner By: Julia A. Phillips, Esquire I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap@jdsw.com GUY ECKERT, v. Plaintiff MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3056 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of Julia A. Phillips, Esquire of Johnson. Duffie, Stewart & Weidner, P.C., as the attorney for Defendants, Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger, in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~ J is . Philli s, Es uire At ey I . D. N 7256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October ~, 2012 Counsel for Defendants CERTIFICATE OF SERVICE AND NOW, this 17`h day of October, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 L.inglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~~ci" 11~~C~--hx~ ' J~ia ~:'Philli~s ~. r it_E rICI� OF TFIE P OTHO IOTAR`I' 2093 MAY -6 PH 2: 28 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Julia A. Phillips, Esquire I.D. No. 307256 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap @jdsw.com GUY ECKERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 10-3056 CIVIL MOBILE STORAGE, INC. t/d/b/a CIVIL ACTION — LAW HORNUNG'S HARDWARE AND JURY TRIAL DEMANDED RENTALS and JOHN DELLINGER, : Defendants PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the Verification of John Dellinger, II, attached hereto, to the Answer and New Matter of Defendants in the above-captioned matter. JOHNSON, DUFFIE, STEWART& WEIDNER BY: 10etS' s, V256 No. 3 301 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: May 3, 2013 Counsel for Defendants 0' VERIFICATION I, JOHN DELLINGER, Il, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer With New Matter to Plaintiff's Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief.' I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Joh Dellinger, Il DATE: L ��l3 1' CERTIFICATE OF SERVICE AND NOW, this 3rd day of May, 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Attach Verification upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) JOHNSON, DUFF , STEWART&WEIDNER BY: J lia . P fillips CIF :"R" -PRO I;. ho'15`T;�R Johnson, Duffie, Stewart & Weidner ins By: Julia A. Phillips I.D. No. 307256 :E1MP RMtPe f1 rDefendants 301 Market Street PENNSYLVANIA P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap @jdsw.com GUY ECKERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-3056 CIVIL V. CIVIL ACTION — LAW MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND JURY TRIAL DEMANDED RENTALS and JOHN DELLINGER, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Joseph M. Melillo, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 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 subpoena 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 subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; the twenty day waiting period for objections has lapsed; and (4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: C.. u a A"Phillip Esquire A me o. 307256 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants Date: Johnson, Duffie, Stewart &Weidner By: Julia A. Phillips, Esquire I.D. No. 307256 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap @jdsw.com GUY ECKERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-3056 CIVIL V. CIVIL ACTION — LAW MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND JURY TRIAL DEMANDED RENTALS and JOHN DELLINGER, Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Joseph M. Melillo, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to that 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. Respectfully submitted, JOHNSON, DUFFIE, STEWART& WEIDNER By: A. P fillips, squire 07256 (5ney .D. No.Marke et P. O. Box 109 Lemoyne, PA 17043-0109 -�- Telephone (717) 761-4540 Date: May 2013 Counsel for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUY ECKERT, Plaintiff NO. 10-3056 V. CIVIL ACTION — LAW MOBILE STORAGE, INC. t/d/b/a JURY TRIAL DEMANDED HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hanover Hospital, 300 Highland Ave., Hanover, PA 17331 (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: Copies of any and all radiological reports/films, including but not limited to Cervical Spine x-ray dated 718/08, medical summaries, and any other documents whatsoever contained in the medical file of Guy Eckert, dob: 10124/1965, SS#187-52-8786; from 2006 to the present. 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: Julia A. Phillips, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 307256 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division / eputy DATE: ` Seal of the Court (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUY ECKERT, Plaintiff NO.-10-3056 V. CIVIL ACTION —LAW MOBILE STORAGE, INC. t/d/b/a JURY TRIAL DEMANDED HORNUNG'S HARDWARE AND °RENTALS and JOHN DELLINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan, 4518 Union Deposit Road, Harrisburg, PA 17111 (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: Copies of any and all radiological reports/films, including but not limited to a MRI of the Cervical Spine dated 7/29/2010, medical summaries, and any other documents whatsoever contained in the medical file of Guy Eckert, dob: 10/24/1965, SS# 187-52- 8786,from 2006 to the present. 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: Julia A. Phillips, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 307256 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division jC Deputy DATE: ul Seal of the Court (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUY ECKERT, Plaintiff NO. 10-3056 V. CIVIL ACTION — LAW MOBILE STORAGE, INC. t/d/b/a JURY TRIAL DEMANDED HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17015 (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: Copies of any and all radiological reports/films, including but not limited to x-rays of the chest, pelvis and ribs dated 6/29/08, medical summaries, and any other documents whatsoever contained in the medical file of Guy Eckert, dob: 10124/1965, SS#187-52- 8786: from 2006 to the present. 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: Julia A. Phillips, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 307256 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerrk, Ci�viill yDivision D�to _e Deputy DATE: Seal o the 66urt (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUY ECKERT, Plaintiff NO. 10-3056 V. CIVIL ACTION — LAW MOBILE STORAGE, INC. t/d/b/a JURY TRIAL DEMANDED HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health- Bloom Diagnostic, 4300 Londonderry Rd., Harrisburg, PA 17109 (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: Copies of any and all radiological reports/films, including but not limited to a Lumbar Spine x-ray dated 11/20/08, medical summaries, and any other documents whatsoever contained in the medical file of Guy Eckert, dob: 10/24/1965, SS#187-52-8786: from 2006 to the present. 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: Julia A. Phillips, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 307256 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division n Deputy DATE: `�-� � Seal of the Court (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUY ECKERT, Plaintiff NO. 10-3056 V. CIVIL ACTION —LAW MOBILE STORAGE, INC. t/d/b/a JURY TRIAL DEMANDED HORNUNG'S HARDWARE AND RENTALS and JOHN DELLINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center, 4665 Trindle Road, Mechanicsburg PA 17050 (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: Copies of any and all radiological reports/films, including but not limited to a Cervical Spine MRI dated 8/18/08, Brain MRI dated 8126108, Lumbar MRI dated 10123/08, and Lumbar MRI dated 2127/09, medical summaries, and any other documents whatsoever contained in the medical file of Guy Eckert, dob: 10/24/1965, SS#187-52-8786; from 2006 to the present. 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: Julia A. Phillips, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 307256 ATTORNEY FOR: Defendants BY THE COURT: r Prothonotary/Clerk, Civil Division Deputy DATE: - Seal of the Court (Eff.7/97) CERTIFICATE OF SERVICE AND NOW, this --�fday of May , 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) JOHNSON, DUFFIE, STEWART &WEIDNER By: 22V AJ nd��J Kellie Nelson, Paralegal to Julia A. Phillips CERTIFICATE OF SERVICE AND NOW, this day of June 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing Certificate Prerequisite to Service of Subpoenas upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART &WEIDNER By: ✓� Ke ee Nelson, Paralegal to Julia A. Phillips, Esq. P "y 4u L fk* ., 2: 9 PEbe:v, 1 OLIN T Johnson, Duffie, Stewart &Weidner By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jam @jdsw.com GUY ECKERT, • IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 10-3056 CIVIL v. • CIVIL ACTION — LAW • MOBILE STORAGE, INC. t/d/b/a HORNUNG'S HARDWARE AND • JURY TRIAL DEMANDED • RENTALS and JOHN DELLINGER, • Defendants PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for Defendants, Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger, in the above-captioned action. JOHNSON, DUFFIE, STEWART &WEIDNER • By: OjAi .91/22. 1 Date: February 28, 2014 Juli,A. Morrison, Esquire 608534 ;if viti 9: J'17 ,. A Johnson, Duffie, Stewart&Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klm @jdsw.com GUY ECKERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 10-3056 CIVIL • MOBILE STORAGE, INC. t/d/b/a • CIVIL ACTION — LAW HORNUNG'S HARDWARE AND • RENTALS and JOHN DELLINGER, • JURY TRIAL DEMANDED Defendants • PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY Please enter my appearance as counsel for Defendants, Mobile Storage, Inc. t/d/b/a Hornung's Hardware and Rentals and John Dellinger, in the above-captioned action. JOHNSON, IUFFIE, STEWART &WEIDNER By: Karen L. Mascio, Esquire Attorney I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: klm @jdsw.com Date: (')°'(-.11-, , 2014 Attorneys for Defendants 608534 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw/Enter Appearance has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, one' r , 2014, as follows: Joseph M. Melillo, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) JOHNSON, DUFFIE, STEWART &WEIDNER BY: Karen L. Mascio 608534