Loading...
HomeMy WebLinkAbout11-4951SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorney for Plaintiffs WILLIAM J. MARKS and CHRISTY A. CODER, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs r-LED-OF ICE OF TNt PROTHONOTARY 2fl't 1 J??'? 15 ??? 11 ? 28 A OII?'EY?NSYL? ANU TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ? I- ?-(q S l C i V1 V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 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. 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 REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET A ? %q a.ao -c( 0 CARLISLE, PA. 17013 CKk lo5?7 (717) 249-3166 12 4 S-2 a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornev for Plaintiffs WILLIAM J. MARKS and CHRISTY A. CODER, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demands. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 3 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM J. MARKS and CHRISTY A. CODER, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, WILLIAM J. MARKS and CHRISTY A. CODER, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, WILLIAM J. MARKS, is an adult individual who currently resides at 2157 Allen Avenue, Yorktown Heights, Westchester County, New York. 2. Plaintiff, CHRISTY A. CODER, is an adult individual who currently resides at 2157 Allen Avenue, Yorktown Heights, Westchester County, New York. 4 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 3. Plaintiffs, WILLIAM J. MARKS and CHRISTY A. CODER, are husband and wife, having been married on May 14, 2010. 4. Defendant, E. MARIE LANGLOTZ, is an adult individual who currently resides at 4003 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on November 26, 2010, at or about 11:30 a.m., at the intersection of Simpson Ferry Road and Gettysburg Road, Lower Allen Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, WILLIAM J. MARKS, was the operator of a 2009 Honda CRV which was owned by Plaintiff, CHRISTY A. CODER, bearing New York Registration Number ERG9446. 7. At the aforesaid time and place, Defendant, E. MARIE LANGLOTZ, was the owner and operator of a 1998 Buick Century bearing Pennsylvania Registration Number FHE6165. 8. At the aforesaid time and place, Plaintiff, WILLIAM J. MARKS, was operating the 2009 Honda CRV northbound on Gettysburg Road, Lower Allen Township, Cumberland County, Pennsylvania. 9. At the aforesaid time and place, Defendant, E. MARIE LANGLOTZ, was operating the1998 Buick Century westbound on Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania. 5 Shollenherger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 10. At the aforesaid time and place, there existed a traffic control signal which governed all directions of travel at the aforementioned intersection. 11. At the aforesaid time and place, Defendant, E. MARIE LANGLOTZ, failed to stop the 1998 Buick Century at the steady red traffic signal, causing the 1998 Buick Century to strike the passenger's side of the 2009 Honda CRV operated by Plaintiff, WILLIAM J. MARKS. 12. As a result of the aforesaid collision, Plaintiff, WILLIAM J. MARKS, has suffered serious and permanent injuries, including but not limited to the following: a. C6-C7 cervical disc bulge; b. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; c. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; d. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; e. Left shoulder injury; f. Injury to right and left hands; and g. Right knee injury. 6 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 COUNT I - NEGLIGENCE WILLAM J. MARKS V. E. MARIE LANGLOTZ 13. Paragraphs 1 through 12 of Plaintiffs' Complaint are incorporated herein and set forth as if in full. 14. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, E. MARIE LANGLOTZ, in operating the 1998 Buick Century in a careless, reckless, and negligent manner as follows: a. Failing to stop the 1998 Buick Century before entering the intersection when facing a steady red traffic control signal in violation of Section 3112 (b) of The PA Motor Vehicle Code; b. In failing to operate the 1998 Buick Century in accordance with existing traffic conditions and traffic controls; c. In failing to exercise the high degree of care required of a motorist entering an intersection; d. In failing to properly observe traffic signals controlling defendant's direction of travel; e. In attempting to enter an intersection when such movement could not be safely accomplished; and f. In failing to observe the 2009 Honda CRV on the roadway. 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, WILLIAM J. MARKS, has undergone and in the future will undergo, great pain and suffering for which damages are claimed. 7 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 16. As a further result of the aforesaid injuries, Plaintiff, WILLIAM J. MARKS, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 17. As a direct and proximate result of the aforesaid injuries, Plaintiff, WILLIAM J. MARKS, has sustained scarring and disfigurement for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, WILLIAM J. MARKS, has suffered and may continue to suffer a loss of earnings and/or income for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, WILLIAM J. MARKS, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 20. As a further result of this collision, Plaintiff, WILLIAM J. MARKS, has and/or may in the future incur expenses for medical treatment and rehabilitation costs for which damages are claimed. 21. As a further result of the aforesaid injuries, Plaintiff, WILLIAM J. MARKS, has incurred or may hereinafter incur, financial expenses and losses for which damages are claimed. 22. Plaintiff, WILLIAM J. MARKS, was neither the owner of a private passenger motor vehicle nor a named insured or insured under any private passenger motor vehicle in the state of Pennsylvania. Therefore, Plaintiff, 8 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 WILLIAM J. MARKS, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, WILLIAM J. MARKS, demands judgment against Defendant, E. MARIE LANGLOTZ, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II - LOSS OF CONSORTIUM CHRISTY A. CODER V. E. MARIE LANGLOTZ 23. Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein and set forth as if in full. 24. As a further result of injuries sustained by her husband, Plaintiff, WILLIAM J. MARKS, Plaintiff, CHRISTY A. CODER, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to her great detriment and loss. WHEREFORE, Plaintiff, CHRISTY A. CODER, demands judgment against Defendant, E. MARIE LANGLOTZ, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. 9 Shollenherger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 Respectfully submitted, SHOLBERGER & JANUZZI, LLP AftornO\M for Plaintiff By: Ad,, Wolfe, Esq. . D. #201057 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Dated: June 13, 2011 10 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ird M s-n-g Chief Deputy =ti' = C/) ° ca r 'n Richard W Stewart L C- Solicitor Christy A. Coder (et al.) vs. Case Number E. Marie Langlotz 2011-4951 SHERIFF'S RETURN OF SERVICE 06/16/2011 08:20 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2011 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: E. Marie Langlotz, by making known unto herself personally, at 4003 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.44 June 17, 2011 GERALD WORTHINGTON, PLITY SO ANSWERS, RON R ANDERSON, SHERIFF ic, GouniySuite Shenff. Teiesoft. li 1c. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff _ FILED-OFFICE .) ` INE PR0TNON0TAi, 213 11 jUL 15 AM 10: 2 0 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM J. MARKS and CHRISTY A. CODER, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4951 Civil V. E. MARIE LANGLOTZ, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION To the Cumberland County Prothonotary: Please attach the Verifications attached hereto to the Plaintiffs' Complaint in the above-captioned matter Respectfully submitted, SHOLLEWERGER & JANUZZI, LLP By: Wolfe, Esquire Dated: July 13, 2011 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY ENOLA, PA 17025 (717) 728-3200 • (717) 728-3400 FAX • • VERIFICATION 1, , hereby acknowledge that I am a Plaintiff in this action and that I have read the place and that the facts stated herein 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, 1 ? u e ?il_? Date: G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPSWerification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 VERIFICATION 11 1. c Ccdel -,hereby acknowledge that I am a Plaintiff in this action and that I have read the D?Ct . iAl - and that the facts stated herein 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. Signature Date: ?id 1? G:\GLOSAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)\Verification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com flir' PROTHCN07AR JU 1 2 O P1°I ! • 1 C=UMBERLAND COUNTY PENNSYLVANIA WILLIAM J. MARKS and CHRISTY A. CODER, h/w Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4951 Civil V. E. MARIE LANGLOTZ Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Date: July 27, 2011 451921 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER efferson 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 ,r 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 July ?7 , 2011: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER J ers J. hipm FILED-0r F1?.;_ 2RII AUG -3 4M' P: ^_4 "DPBEfiLAi7 C t, } E S'( JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com WILLIAM J. MARKS and CHRISTY A. CODER, h/w Plaintiffs V. E. MARIE LANGLOTZ Defendant NOTICE TO PLEAD NO. 11-4951 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: William J. Marks and Christy A. Coder, h/w, Plaintiffs c/o Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Q AND NOW, this day of August, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER : L"I'd, & Jeffe o J. Shipman, squire Counsel for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS OF CODER, h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-4951 Civil V. CIVIL ACTION - LAW E. MARIE LANGLOTZ Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, E. Marie Langlotz, by and through her counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 3 and the same are therefore denied. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. The averments contained in paragraph 11 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. 12. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 and the same are therefore denied and strict proof is demanded at the time of trial. COUNT I - NEGLIGENCE William J. Marks v. E. Marie Lang-lo 13. Ms. Langlotz incorporates herein by reference her answers to paragraphs 1 through 12 above as though fully set forth herein at length. 14. Denied. The averments contained in paragraph 14 and subparagraphs (a) through (f) 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. 2 (a) Denied. It is specifically denied that Ms. Langlotz failed to stop the vehicle before entering the intersection when facing a steady red traffic control signal allegedly in violation of § 3112(b) of the Pennsylvania Motor Vehicle Code. (b) Denied. It is specifically denied that Ms. Langlotz failed to operate the vehicle in accordance with existing traffic conditions and controls. (c) Denied. It is specifically denied that Ms. Langlotz failed to exercise the high degree of care required of a motorist entering an intersection. (d) Denied. It is specifically denied that Ms. Langlotz failed to properly observe traffic signals. (e) Denied. It is specifically denied that Ms. Langlotz attempted to enter the intersection when such movement could not be made safely. (f) Denied. It is specifically denied that Ms. Langlotz was negligent in allegedly failing to observe the 2009 Honda CRV. 15. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 and the same are therefore denied and strict proof is demanded at the time of trial. 3 17. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 17 and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 18 and the same are therefore denied and strict proof is demanded at the time of trial. 19. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 19 and the same are therefore denied and strict proof is demanded at the time of trial. 20. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 20 and the same are therefore denied and strict proof is demanded at the time of trial. 21. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 21 and the same are therefore denied and strict proof is demanded at the time of trial. 4 22. Denied. The averments contained in paragraph 22 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are specifically denied. WHEREFORE, the Defendant E. Marie Langlotz respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II - LOSS OF CONSORTIUM Christy A. Coder v. E. Marie Langlotz 23. Ms. Langlotz incorporates herein by reference her answers to paragraphs 1 through 22 above as though fully set forth herein at length. 24. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 24 and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant E. Marie Langlotz respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 25. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 5 26. That if it should be found that there is any negligence on the part of Ms. Langlotz, which is denied, then in that event, any such negligence is not a factual cause of Plaintiffs' harm. 27. That Plaintiffs' alleged injuries may have been pre-existing. 28. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Plaintiffs' own comparative negligence and the Pennsylvania Comparative Negligence Act. 29. That Plaintiffs' alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. WHEREFORE, the Defendant E. Marie Langlotz respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Date: 452163 Respectfully submitted, JOHN?N, DUFFIE, STEWART & WEIDNER By: 6 Vt ff eKoKJ. Shipman®Esquire orney I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant VERIFICATION The undersigned verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. 0 Marie anglotz Dated: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Answer and New Matter to Plaintiffs' Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 9, , 2011: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER ~zz ?Y: Af 1W Je 1"6K . S ipman JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I . D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com al , PROT1141),1OTAR;`r E?I I A"] G 24 Ali 11: 33 "CM ICERLAND COUNTY PEIWYLVANIA Attorneys for Defendant WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS OF CODER, h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-4951 Civil V. CIVIL ACTION - LAW E. MARIE LANGLOTZ Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Respectfully submitted, JOHNSQNP IDUFFJE, STEWART & WEIDNER Date: August 23, 2011 456236 Lucy, Esquire gbF?nj?e'-y I . D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this 23d day of August, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance 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: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSOW,I)UFFIEI STEWAR EIDNER Lucy CHRISTY A. CODER and WILLIAM J MARKS, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant WILLIAM J. MARKS and CHRISTY A. CODER, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil MCc =M :Z ;u CIVIL ACTION - LAW ' JURY TRIAL DEMANDED IN THE COURT OF COMMON kEAS -fl CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4951 Civil V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION AND NOW, it is hereby stipulated to, and agreed upon, by and between Plaintiffs, William J. Marks and Christy A. Coder, and Defendant, E. Marie Langlotz, through their respective counsel, that with respect to the personal injury actions arising from a November 26, 2010 motor vehicle collision and filed by Plaintiffs in Cumberland County, Pennsylvania (docketed at 11-4950 and 11- 4951), Defendant, on behalf of herself, her current and/or future representatives and/or her future Estate, waives any and all rights she or her estate may now have or may in the future have under 42 Pa.C.S. § 5930, the "Dead Man's Act." If Defendant dies prior to resolution of the aforementioned litigation, Defendant's Estate will be precluded from raising the Dead Man's Act as a means of excluding otherwise admissible testimony arplor evidence. Date: g Date:.3? a?tL squire ,dcy, Esquire for Defendant FIi.E0 01°I`1 ; C !' THE ROTHONOTA SHOLLENBERGER & JANUZZI, LLP 2013 JUN _3 FM 2; 34 2225 Millennium Way Enola, PA 17025 CUMBERLAND COUNTY Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-4951 CIVIL E. MARIA LANGLOTZ, CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE And now, this 29th day of May 2013, 1 hereby certify that a copy of the foregoing Notice of Intent to Service Subpoena has been served upon the following, via First-Class Mail: John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, SHOLL BERGER & JANUZZI, LLP Attorn for Plaintiff By: A am T. Wolfe, Esquire Attorney I.D. #201057 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Telephone: (717)728-3200 Fax: (717)728-3400 2 WILLIAM J. MARKS and IN THE COURT OF COMMON PLEAS OF CHRISTY A. CODER, CUMBERLAND COUNTY, PENNSYLVANIA: Plaintiffs VS. CIVIL ACTION—LAW NO. 11-4951 CIVIL E. MARIE LANGLOTZ, Defendant ORDER AND NOW,this 3=� day of June, 2013, the appointment of Robert Hamilton, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. David Radcliff, Esquire, is appointed in his place. BY THE COURT, Kevin . Hess, P. J. f Ron Turo, Esquire Court Administrator :rlm Cp 1v�t �t°� t913113 Alt rn Cr3 T " i'20 SHOLLENBERGER & JANUZZI, LLP 2: u I 2225 Millennium Way 13 JAN 10 PSI Enola, PA 17025 CUMBERLAND COUNTY Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-0951 CIVIL E. MARIA LANGLOTZ, Defendant CIVIL ACTION — LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a Notice of Intent to serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is 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, (4) counsel for Defendant has waived the twenty (20) days; and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Respectfully submitted, SHOLLENBE ER & JANUZZI, LLP By: Adam T. Wolfe, Esquire Attorney I.D. #201057 Date: June 6, 2013 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-4951 CIVIL E. MARIA LANGLOTZ, Defendant CIVIL ACTION — LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Plaintiffs intend to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. SH0 BERGER & JANUZZI, LLP By: Adam T. Wolfe, Esquire AttorneylD#201057 Date: May 29, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILIAM 7.MARKS AND CHRISTY A.CODER Plaintiff File No.11-4951 CIVIL Vs. E.MARIE LANGLOTZ pefendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: One.Twenty. One.,Art: Marna,2 Dingle Ridge Road,North Salem,NY 10560 (Name of Person or Entity) Within twenty(20)days alter service of this subpoena,you are ordered by the court to produce the following documents or things: Copies of William Marks'payroll and attendance records from November 1,2009 through his last date employed with One.Twenty.One. at Shollenberger&Jarful LLP,Att: Adam T.Wolfe,Esqurie,2225 Millennium Way,Enola,PA 17025 (Address) 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 rele amble 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 cowl order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Adorn T.Wolfe,ln,om ADDRESS: ss�n=�nus=ralanum,cc allIf illenm-1Wy Eno to PA 17025 TELEPHONE: 717-729amo SUPREME COURT ID N 7olon ATTORNEY FOR: el,i-a, BY THE CO)' T: /(� •^` ro onotary,Civil Division Date: S v.Io /J Sea of the Count Deputy SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-4951 CIVIL E. MARIA LANGLOTZ, Defendant CIVIL ACTION — LAW CERTIFICATE OF SERVICE And now, this day of 2013, 1 hereby certify that a true and correct copy of the foregoing Supboena to Produce Documents has been served upon the following, via U.S. first class mail, postage prepaid: John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Adam T. Wolfe, Esquire Attorney I.D. #201057 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Telephone: (717)728-3200 Fax: (717)728-3400 Shollenberger&Januui,LLP 2225 Millennium Way Enola,PA 17025 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-4951 CIVIL E. MARIA LANGLOTZ, Defendant CIVIL ACTION — LAW CERTIFICATE OF SERVICE And now, this 29" day of May 2013, I hereby certify that a copy of the foregoing Notice of Intent to Service Subpoena has been served upon the following, via First-Class Mail: John A. Lucy, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, SHOLL BERGER & JANUZZI, LLP Attorn for Plaintiff By: A am T. Wolfe, Esquire Attorney I.D. #201057 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Telephone: (717)728-3200 Fax: (717)728-3400 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTYA. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-4951 CIVIL E. MARIA LANGLOTZ, Defendant CIVIL ACTION — LAW CERTIFICATE OF SERVICE And now, this 6th day of June, 2013, 1 hereby certify that a copy of the foregoing Certificate Prerequisite has been served upon the following, via First- Class Mail: John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLEN13�GER & JANUZZI, LLP By: AdarA T. Wolfe, Esquire Attorney I.D. #201057 3 IF � �. i'► 0 T1 SHOLLENBERGER & JANUZZI, LLP 17 PM : 2225 Millennium Way Enola, PA 17025 CUMBERLAND COUNTY Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CASE NO. 11-4951 CIVIL E. MARIA LANGLOTZ, CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE And now, this 14th day of June 2013, 1 hereby certify that a copy of the foregoing Subpoena to Pruduce Documents or Things for Discovery Pursuant to Rule 4009.22 has been served upon the following, via First-Class Mail: One. Twenty. One. Att: Maura 2 Dingle Ridge Road North Salem, NY 10560 John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respt1submitted, SHOER & JANUZZI, LLP Attorintiff By: A am . Wolfe, Esquire Attorney I.D. #201057 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Telephone: (717)728-3200 Fax: (717)728-3400 HE SHOLLENBERGER & JANUZZI, LLP 2613 JUL 12 P : Iris 2225 Millennium Way UBRL �3 �; Enola, PA 17025 PENNSYLVANIA Telephone Number: (717) 728-3200 Fax Number: (7h7) 728-3400 Attorneys for Plaintiffs WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS CODER, husband and wife, � Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. E. MARIE LANGLOTZ, NO. 11-4951 Civil Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ,CERTIFICATE OF SERVICE And now, this 9t" day of July, 2013, 1 hereby certify that a copy of the foregoing Interrogatories and Request for Production of Documents directed to the Defendant have been serve i d upon the following, via First Class Mail to: John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP By: A&dm T. Wolfe, Esq. Attorney ID#201057 i i i I i In the Court of Common Pleas of Cumberland Plaintiff County,Pennsylvania No. Defendant Civil Action—Law. Oath We do solemnly swear ffirm)that we will support, obey and defend the Constitution of the United States and Constit of this Commonwealth and that we will discharge the duties of our office Rh fidelity. Sig ure Signature Signature &�A 640(7) ) laG,V2- -54(;�A. (:�,->,Ial - Name(Chairman) Name p Name �?c 72�a' MOW Law Firm Law Firm/ Law Firm 10( 1 Altast(k Address Address Address '-,Zr f !mil> _ � ' � r I i� � � �� I City, Zip Cityl Zip city, Zip Award We,the undersigned arbitrators,having been duly appointed and sworn (or affirmed),make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) AJ L1+1w q-ke a"M � p4+- 5-"0 r 2 aw dZI.,- tli5. r itra r, dissents. (Insert n eiapplicable.) Date of Hearing: Date of Award: (Chairman) Notice of Entry of Award Now,the 31 day of 41-14 120 13 at /4 _.M.,the above award was entered upon the docket 9d Ace thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ � DL=-� By: Prothonotary Deputy 1 JbIL 31 Am to* cuVIBERLAND pE,t4NsyLvpMA Ado, _ F:#LE0-0F F l0E f" TI1E PROTHONOTARY 2013 SEP -3 PM 2: 05 CUMBERLAND COUNTY PENNSYLVANIA SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS OF CODER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-4951 Civil v. CIVIL ACTION — LAW E. MARIE LANGLOTZ, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter "settled, discontinued and ended." Respectfully submitted, SHOLLEN RGER & JANUZZI; LLP BY: Adam T. Wolfe, Esquire Attorney I.D. #201057 2225 Millenium Way Enola, PA 17025 (717) 728-3200 — phone Dater 28 ,3 2013 (717) 728-3400 —fax Counsel for Plaintiffs 576725 CERTIFICATE OF SERVICE AND NOW, this c day of _ 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Settle, Discontinue and End 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: John A. Lucy, Esquire Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant SHOLLENBE R & JANUZZI, LLP BY: Adam . Wolfe, Esquire I 576725