Loading...
HomeMy WebLinkAbout04-4505 , GALFAND, BERGER, L.L.P. BY: ERIC J. SWAN, ESQUIRE IDENTIFICATION NUMBER: 39001 1818 MARKET STREET, SUITE 2300 PHILADELPHIA, PENNSYLVANIA 19103 (215) 665-1600 ATTORNEY FOR PLAINTIFFS LUCINDA EICKHOFF-MARl AND COUNTY OF CUMBERLAND JOSE MARl, HIW v. WILLIAM ROTZ, JR. COURT OF COMMON PLEAS JURY TRIAL DEMANDED NO. otf- 4S 7JtJ ~ IJ-:f T l..p~ ,.Oll _'il"^ ",~Inl 'f'e IU: l~n1:E WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above captioned matter. GALFAND BERGER, LLP BY: c ~, ~) C-:-.::J , c::-;, , I (..":J --. '. (n \.' ~;l (~) ,\, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. 6lJ_ Docket No. 'l ~ Lucinda Eickhoff-Mati 512 W. Main Street Walnut Bottom. PA 19464 Jose Mati 512 W. Main Street Walnut Bottom. P A 19464 Plaintiff (s) vs. William Rotz. Jr. 32 Motter Drive Shippensburl!. PA 17257-9734 Defendant SUMMONS IN CIVIL ACTION - LAW - EQUITY TO: William Rotz. Jr. 32 Motter Drive Shippensburl!. PA 17257-9734 Defendant by: ~, (. . Deputy Protho tar (Seal) Plaintifrs Attorney Name Eric J. Swan Address Galfand Berger. LLP. 1818 Market Street. Suite 2300 Philadelphia. P A 19103 (' ,~ ~, - ~ ~ ~ ~ '- ~ "-' ""< ~' L3i <JJ I '{) "'" \, ,. ,>:-- ............... ~ ---r-- r-"" ~ lj-. ",I UJ' v" c- 2"; C) C' 'I .r- (/) '.-y, '~'j . '\:'-,1 :;;' (') ,:) .1, SHERIFF'S RETURN - REGULAR CASE NO: 2004-04505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARI LUCINDA EICKHOFF ET AL VS ROTZ WILLIAM JR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ROTZ WILLIAM JR the DEFENDANT at 1804:00 HOURS, on the 30th day of September, 2004 at 32 MOTTER LANE SHIPPENSBURG, PA 17257 by handing to CHRISTINA ROTZ, WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 r~~ R. Thomas Kline Sworn and Subscribed to before (12 this ~~ ~ of A.D. 10/01/2004 GALF'::,BBRG~~~ ~puty Sheriff ~ Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire J.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, H/W Attorney for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., 'Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above- referenced matter. JOHNSON, DUFFIE, STEWART & WEIDNER /1 J fferson J. Shipman, I D. #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant ~ 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, postage prepaid, in Lemoyne, Pennsylvania, on May 6, 2005: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Phil~delphia, PA 19103 Attorneys for Plaintiffs , DUFFIE, STEWART & WEIDNER Je rson J. Shipm ,Esquire I.D #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 2501,68 (:;\ ~:~ "\' .-- c:.~ -.~ ,.,'\ . " f'o-'"'! ,'::.,J ------ Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HIW Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO: 04-4505 CIVil ACTION - lAW WilLIAM ROTZ, JR., Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. N, DUFFIE, STEWART & WEIDNER DATE: 5 /9 /O~ By efferson J. Shipm n, Esquire ULE TO: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs And now, this/D~ay of~, 2005, you are hereby notified to file a Complaint within twenty (20) days of service in th~io d matter or a default j ent will be entered against you. 4 . ' . 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, postage prepaid, in Lemoyne, Pennsylvania, on May 6, 2005: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By erson J. Ship an, Esquire I . #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 250168 -' ...,.- I"~ ~. . c .....;' ) ,,<1 .~O "AVISO" Le han demandado en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza de la demanda y notificacion para asentar una comparesencia escrita en persona 0 par su abogado y archivar con la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte puede continuar la demanda en contra suya y puede entrar una decision contra usted sin aviso 0 notificacion adicional par la cantidad de dinero de la demanda a par cualquier reclamacion hecha par el demandante. Usted puede perder dinero 0 propiedad U otros der<<hos importantes para usted. USTED DEBE DE LLEVARESTA DEMANDA A IJN ABOGADO INMEDIATAMENTE. SINO T1ENE ABOGADO 0 SI NOTlENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCIJENTRA ESCRITO ABAJO PARA A VERIGIJAR DONDE SE PIJEDE CONSEGUIR ASISTENCIA LEGAL. ASSOCIAClON DE ABOGADOS DE CUMBERLAND Servicio De Referenda E Informacion Legal 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249.3166 CIVIL ACTION COMPLAINT 1. Plaintiff Lucinda Eickhhoffis an adult individual, citizen and resident of the Commonwealth of Pennsylvania residing therein at 512 W. Main Street, Walnut Bottom, and Pennsylvania 19464. 2. Defendant William Rotz, Jr., is an adult individual and resident ofthe Commonwealth of Pennsylvania residing therein at 32 Motter Drive, Shippensburg, Pennsylvania, 17257. 3. At approximately 11 :47 a.m., on October 14, 2002, Lucinda Eickhoff (hereinafter referred to as Lucinda Eickhoff-Mari) was operating a motor vehicle on westbound on SR 174 in Southampton Township, Cumberland County, Pennsylvania. 4. At approximately 1 I :47 a.m., on October 14, 2002, a phantom vehicle was traveling eastbound on SR 174 in Southampton Township, Cumberland County, Pennsylvania 5. At approximately 11:47 a.m., on October 14, 2002, William Rotz, Jr., was operating his motor vehicle westbound behind the plaintiff on SR 174 in Southampton Township, Cumberland County, Pennsylvania. 6. At said time and place, the phantom vehicle traveling eastbound on SR 174 passed a horse and buggy and entered the plaintiff s westbound lane of travel, causing plaintiff to pull offthe roadway. 7. At said time and place, defendant William Rotz, Jr., also saw the phantom vehicle and pulled offthe roadway behind the plaintiff, colliding with the rear of the plaintiffs vehicle. 8. The collision between the vehicle driven by William Rotz, Jr., and Lucinda Eickhoff-Mari's vehicle was the consequence of the negligent, careless, reckless and dangerous conduct of the driver of the defendant's vehicle. 3 9. As a result of defendant's negligence, Lucinda Eickhoff-Mari sustained severe, disabling and painful personal injuries consisting of: a. Physical injuries to various parts of her body, including but not limited to, neck, left scapula, left shoulder and lower back pain; aggravation of pre-existing myoascial pain and left sided neck radiculitis and neuralgia; significant aggravation of pre-existing degenerative joint disease/degenerative disc disease at C4-5, C5-6, C6-7, ending up with sustained muscle spasms and a pinched nerve in the neck; disc protrusion on the right at C5-6; left buttock/gluteal pain; and other injuries the full extent of which are not yet known; some or all of which maybe permanent in nature; b. Great pain, suffering and loss of enjoyment oflife's pleasures, past and future; c. Medical expenses, past and future; d. Loss of earnings and earning capacity. 10. As a result of her injuries, Lucinda Eickhoff-Mari may hereinafter incur medical expenses and income losses that exceed sums recoverable under 75 Pa.C.S.A. g 171 I. 11. At the time ofthe aforementioned accident, Plaintiff did not own a registered passenger motor vehicle and was not a named insured under any private passenger motor vehicle policy and is therefore entitled to claim full damage, non economic loss and economic loss pursuant to 75 Pa. C.S.A. g 1705 (b)(3). 11.1 Plaintiff suffered serious injuries and/or serious impairment of a bodily function as a direct result of injuries sustained in this accident. 4 COUNT I-NEGLIGENCE 12. Plaintiffrealleges and incorporates by reference each and every preceding paragraph as though set forth fully at length. 13. The negligence and recklessness of Defendant consisted ofthe following acts and omissIOns: a. Failure to keep the motor vehicle in proper and adequate control; b. Failure to operate a motor vehicle in a safe marmer; c. Negligent operation of a motor vehicle; d. Failure to maintain the vehicle under proper control at all times; e. Negligent inattention in the operation of a motor vehicle; f. Violation ofthe laws of the Commonwealth of Pennsylvania and applicable local ordinances pertaining to the operation of a motor vehicle; g. Negligent operation of a motor vehicle without due regard to the rights and safety of the plaintiff; h. Failure to exercise reasonable care in the operation of a motor vehicle; 1. Failure to keep a proper lookout; J. Failure to take evasive action to avoid striking the plaintiffs vehicle; k. Negligent operation of a motor vehicle in disregard of the Rules of the Road set forth in 75 Pa. C.S.A. gg 3301 et seq. I. Negligent operation of a motor vehicle in disregard of the Rules ofthe Road set forth in 75 Pa. C.S.A. gg 3310, 361, 3714, and 3736; m. Failure to yield the right of way; 5 n. Failing to drive at a speed and in a manner that would allow him to stop within the assured clear distance ahead; o. Failure to properly service, repair and maintain the motor vehicle in a safe working order; p. Negligence at law and in fact as will be further revealed through discovery. WHEREFORE, Plaintiff demands judgment against defendant in a sum in excess of Thirty Five Thousand Dollars ($35,000.00) plus interest and costs and such other relief as the Court deems just and proper. GALFAND BERGER, L.L.P. 6 CERTIFICATION OF SERVICE I, Eric J. Swan, Esquire, do hereby certify that a true and correct copy ofthe Plaintiffs Complaint was mailed to counsel listed below by UPS Next Day Air on May 24, 2005. Jefferson J. Shipman, Esquire Law Office of Johnson Duffie, P.C. 301 Market Street Lemoyne, P A 17043 GALFAND LP BY: 7 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I, LUCINDA EICKHOFF-MARI, depose and say as follows: I. I am the within-named Plaintiff. 2. The facts set forth in the foregoing COMPLAINT IN CIVIL ACTION are true to the best of my knowledge, information and belief. 3. 1 am aware and hereby certify that this Affidavit is made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. / . ~ g ~ .,~ . t"' ~ / . . ':kt kw./i, .~ <:'-1' ,.,}J t& Lucinda EickhoffMari ' DATE: 3p3)M--' .. ) " L. '- Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HNV Plaintiffs v. WilLIAM ROTZ, JR., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVil ACTION - lAW JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Eric J. Swan, Esquire Galfand Berger, llP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiff days. You are hereby notified to plead to the following New Matter within twenty (20) DATE: (pI 0 105 252097 ( - JO N, DUFFIE, STEWART & WEIDNER By J erson J. Ship an, Esquire orneys 1.0. #: 51785 3 1 Market Street P.O. Box 109 lemoyne, P A 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HNV Attorney for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. WILLIAM ROTZ, JR., Defendant ANSWER AND NEW MATTER AND NOW, comes the Defendant, William Rotz, Jr., by and through Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter in response to the Plaintiffs' Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that Mr. Rotz also saw the phantom vehicle and pulled off the roadway behind the Plaintiff. The remaining averments of Paragraph 7 are denied as stated. By way of further response, while there was contact with the Plaintiff's vehicle, Mr. Rotz believes that it was a minimal impact accident. 8. Denied. The averments contained in Paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, it is specifically denied. By way of further response, it is specifically denied that Mr. Rotz was in any way negligent, careless and reckless and that his conduct was in any way dangerous. 9. Denied. The averments contained in Paragraph 9 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, Mr. Rotz is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 9, subparagraphs a. through d, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, Mr. Rotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 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. 11.1. Denied. The averments contained in Paragraph 11.1 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. COUNT I - NEGLIGENCE 12. Mr. Rotz incorporates herein by reference his answers to Paragraphs 1 through 11.1 above as though fully set forth herein at length. 13. Denied. The averments contained in Paragraph 13, and subparagraphs a. through p., 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 Defendant, William Rotz, Jr., respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Mr. Rotz interposes the following New Matter defenses: 14. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Financial Responsibility Law and by the Limited Tort Option. 15. That the Defendant was in no way negligent with respect to the Plaintiff's alleged cause of action. 16. That if it should be found that there was any negligence on the part of Mr. Rotz, which is specifically denied, then in that event Mr. Rotz was not a substantial factor or factual cause of any injuries to the Plaintiff. 17. That the Plaintiff's injuries may have been pre-existing. 18. That the injuries and damages allegedly sustained by the Plaintiff may have been caused in whole or in part by the negligence of third parties and/or entitles not presently involved in this action. 19. That the Defendant was faced with a sudden emergency. 20. That the alleged injuries may have been caused by an intervening, superceding cause. WHEREFORE, the Defendant, William Rotz, Jr., respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with. prejudice. Respectfully submitted, N, DUFFIE, STEWART & WEIDNER DATE: ('!'bI6~ 252080 erson J. Shipman, Esquire orneys 1.0. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant VERIFICATION I, William Rotz, Jr., have read the foregoing Answer and New Maller 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. 94904 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. 94804. tJ/~Ji~ 7<~ William Rotz, Jr. , DATE: [P-5-6S CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on uI1t;/t;6" ( , Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER ~ c erson J. Shi . #: 51785 3 1 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant " ~; r-' c::;:) (,:;:J "'" ,-- C'- ~. , ...~.- '.-\" <,,) ~ 1..,., rnp 1"1'1 ~,y -.,'~(? ~.L. --'-, (;~.~~ '--~~, -<' .-...'. <.:? ~~ \..0 LUCINDA EICKHOFF-MARl and JOSE MARl, HIW Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., Defendant JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between Eric J. Swan, Esquire, counsel for Plaintiffs, and Jefferson J. Shipman, Esquire, counsel for Defendant, that Subparagraphs b, c, h, and p, of Paragraph 13 only are hereby stricken and deleted from the Complaint. Galfand Berger, LLP DATE: t,(? !d~ ~ ~ ~s ,Esquire 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs B ffe on J. Shipman, Esquire torneys 1.0. #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant ON, DUFFIE, STEWART & WEIDNER DATE: (, If) f ~ 252103 1:l3N0l3M aNY .I.I:IVM31S =lH;!f10 'NOSNHor ~~~: G I Nnr 03AI3:)3H (') (" ~~ ., () c...~ '.-n c;;..;.1 :rJ" rl1r -em :::ICJ (-) L ?:,j'~ ~l.~ :I.::::: ::"<~ L- ~ w --0 :::r:: 1'..:: '.D . GALFAND, BERGER, L.L.P. BY: ERIC J. SWAN, ESQUIRE IDENTIFICATION NUMBER: 39001 1818 MARKET STREET, SUITE 2300 PHILADELPHIA, PENNSYLVANIA 19103 (215) 665-1600 ATTORNEY FOR PLAINTIFFS COUNTY OF CUMBERLAND LUCINDA EICKHOFF-MARl AND JOSE MARl, H/W COURT OF COMMON PLEAS v. JURY TRIAL DEMANDED WILLIAM ROTZ, JR. NO. 04-4505 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER COMES NOW, the Plaintiff, through her attorney Eric J. Swan, Esquire and in reply to Defendant's New Matter states as follows: 14. Denied. Defendant states conclusions oflaw to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. Furthermore, Plaintiff is considered to be full tort because she did not own a registered motor vehicle at the time of the accident and was not a named insured under any private passenger motor vehicle policy. Furthermore, Plaintiff suffered serious injuries and impairment of body function as a direct result of the injuries sustained in the accident. 15. Denied. Defendant states conclusions oflaw to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 16. Denied. Defendant states conclusions oflaw to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. Furthermore, Plaintiff specifically avers that Defendant was a substantial factor or factual cause of Plaintiff s injuries from this accident. 17. Denied. Defendant states conclusions oflaw to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 18. Denied. Defendant states conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 19. Denied. Defendant states conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. Furthermore, Plaintiff specifically avers that the sudden emergency doctrine does not apply to this case. If the Court determines that the sudden emergency doctrine does apply to the facts of this case the Plaintiff avers that this emergency was created by the negligent actions ofthe Defendant. 20. Denied. Defendant states conclusions oflaw to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. Furthermore, Plaintiff specifically avers that her injuries were caused by the negligent actions of Defendant. WHEREFORE, Plaintiff Lucinda Eickhoff-Mari respectfully requests that Judgment be entered in her favor and against Defendant. GALFAND BERGER, LLP BY: ~ ERIC . , QUIRE Attorney for Plaintiffs 2 . CERTIFICATION OF SERVICE I, Eric J. Swan, Esquire, do hereby certify that a true and correct copy of the Plaintiffs Reply to New Matter was mailed to counsel listed below by regular mail, on ~ June -.13.:,2005. Jefferson J. Shipman, Esquire Law Office of Johnson Duffie, P.C. 301 Market Street Lemoyne, PA 17043 GALFAND BERGER, LLP BY dl ERI S AN Attorney for Plaintiff 3 ...,..', < ,-' (') (:; .....> <= .? cJ' (-- ;~ ..", Cf'\ l.; l;-~:_ :2 -J:-\ ~~ r;-? o .." ~..,., r\1p: 1"); -Q.\:.-J :",) I ,',:}() ,~~~~ CJ .-., -~ <D :.<. '" "'" - ~ PRAECIPE FOR LISTING CASE FOR TRIAL (!bit be typewritten and sul:Jllitted in duplicate) . 'ro 'l!IE PIClRK11'AR!{ OF ctM!ERIAND CCJUNI'Y 'Ple8se list the following case: (Check one) ( X 1 for JURl! trial at the next tem of civil court. for trial without a jmy. ----------------------------------------- CAPI'ION OF CASE (entiJ:e caption nust be stated in full) .( check one) ( X) Civil 1\ction - Law Lucinda Eickhoff-Mari and Jose Mari, H/W Appeal f1:an Arbitration (other) ( Plaintiff) vs. William Rotz, Jr. The trial list will be called on 8/22:/06 and ( Defendant) Trials camence on September 18. 2006 Pretrials will be held on 8/30/06 (Briefs are due 5 days before P:z:etrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) vs. No. 04 Civil 4505 19 Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire Indicate trial counsel for other parties if known: Eric J. Swan, ESQuire I 1818 Market Street. Suite 2300. Philadelphia. PA 19103 This case is ready for trial. Signed: Jefferson J. Shipman Date: i'iav 2. 2006 Attorney for: Defendant ~ 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, postage prepaid, in lemoyne, Pennsylvania, on May 2, 2006: Eric J. Swan, Esquire Galfand Berger, llP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER B fferson J. Shipman, squire . #: 51785 301 Market Street P.O. Box 109 lemoyne, PA 17043-0109 Attorneys for Defendant 250168 ~) f"..) C~~ ~'.;'~.) ~..i"'" \ W -n () --1"\ -' fti ';i~ '1- r:? ()1 v~\ Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HIW Attorney for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Eric J. Swan, Esquire Galfand Berger 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs 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 subpoenas 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 subpoenas, is attached to this Certificate; Intent. Date: (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of JOHNSON, DUFFIE, STEWART & WEIDNER By: . Jen Atto ey 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant ~l:ri)/6fo 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, postage prepaid, in Lemoyne, Pennsylvania, on May 25, 2006: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER . By Jeffi son J. Shipman, Esquire 1.0. : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: lls@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HNJ Attorney for Defendant Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-4505 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. WILLIAM ROTZ, JR., Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Eric J. Swan, Esquire Galfand Berger 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objection is made, the subpoena may be served. , DUFFIE, STEWART & WEIDNER . DATE: 5/3JOb By Jeffe on . Shipman, Esquire Atto 'eys 1.0. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 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 3, 2006: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs By Jeffer n J. Shipman, Esquire 1.0.#:51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCINDA EICKHOFF-MARl and JOSE MARl, HMJ Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-4505 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. WILLIAM ROTZ, JR., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Claremont Nursina Home .:. (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: any and all emolovment and/or oersonnel records. corresoondence. reoorts includina medical records as an emolovee oertainina to Lucinda Eickhoff-Mari SSN: 207-50- 0267 DOB: 2/23/58 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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: ADDRESS: Jefferson J. Shioman. Esauire . 301 Market Street Lemovne. PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT 10 #: Deputy DATE: fYL';;l~ /, ;}L)o!o Seal 0 the Court (Eff. 7/97) o F~7 w o -0 -.- -..i... is' .r::- (..,) f'.",) <:::::> C..::,.., 0-. ~ :;:; -.:: ~ :t f'l .,., '~ :-'9 ~'-7J .,.JC 't'f: J:5t;;; );! :::0 -< Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HIW Attorney for Defendant Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Eric J. Swan, Esquire Galfand Berger 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs 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 subpoenas 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 subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DUFFIE, STEWART & WEIDNER By: Je erson J. Shipman, Esquire Attorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: Vi / 15' J Db . 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, postage prepaid, in Lemoyne, Pennsylvania, on June 15, 2006: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs , DUFFIE, STEWART & WEIDNER Je erson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant By Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HMJ Atlomey for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Eric J. Swan, Esquire Galfand Berger 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objection is made, the subpoena may be served. , UFFIE, STEWART WEIDNER . DATE: lj!)~ {Db By Jeffers Attorn s 1.0. #: 51785 ' 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant , ' 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 25, 2006: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs UFFIE, STEWART & WEIDNER Jeffe on J. Shipman, Esquire 1.0.#:51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant By , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO: 04-4505 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED LUCINDA EICKHOFF-MARl and JOSE MARl. HIW v. WilLIAM ROTZ, JR.. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Unitrin Direct Insurance Comoanv (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: anv and all records. corresoondence. reoorts includina medical records reaardinQ Claim # 2002006699 oertaininQ to Lucinda Eickhoff-Man SSN: 207-50-0267 DOB: 2/23/58 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: Jefferson J. Shioman. ESQuire. 301 Market Street lemovne. PA 17043 717-761-4540 51785 BY THE COURT: Deputy DATE: /Yl'::Jtt 2~ :JOOb Seal of he Cou (Eff.7197) (') i-""' .....; ~, L__ c:-~ :;:;- ..- 0' v.' ,J-"- 0 ~ c;\\ ..-\..,.., ~:~~ ~. - . -' Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: lis@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HIW Attorney for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., Defendant : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Eric J. Swan, Esquire Galfand Berger 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs 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 subpoenas 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 subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DUFFIE, STEWART & WEIDNER Je rson J. Shipman, Esquire Attorney I.D. No. 51785 . 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant By: Date: ~ j")qj 00 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, postage prepaid, in Lemoyne, Pennsylvania, on June 29, 2006: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON DUFFIE, STEWART & WEIDNER By Jeff on J. Shipman, Esquire 1.0. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant . Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: lis@jdsw.com (717) 761-4540 LUCINDA EICKHOFF-MARl and JOSE MARl, HIW Attorney for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW v. WILLIAM ROTZ, JR., Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Eric J. Swan, Esquire Galfand Berger 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve four subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objection is made, the subpoenas may be served. , DUFFIE, STEWART & WEIDNER DATE: (,1 ~i<..)0 By Jeffe on . Shipman, Esquire Atto eys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant . 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 June 8, 2006: Eric J. Swan, Esquire Galfand Berger, LLP 1818 Market Street, Suite 2300 Philadelphia, PA 19103 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By on . hipman, Esquire 1.0. : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4505 CIVIL ACTION - LAW JURY TRIAL DEMANDED LUCINDA EICKHOFF-MARl and JOSE MARl, HIW v. WILLIAM ROTZ, JR., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Meno Haven, Inc. ~ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foilowing documents or things: anv and all emolovment and/or oersonnel records. corresoondence. reoorts includina medical records as an emolovee oertainina to Lucinda Eickhoff-Mari SSN: 207-50- 0267 DOB: 2/23/58 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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: ADDRESS: TELEPHONE: SUPREME COURT 10 #: Jefferson J. Shioman. Esauire . 301 Market Street Lemovne, PA 17043 717-761-4540 51785 BY THE COURT: Pro Deputy DATE~/ J, IE'. /." 2-00 b Seal of the Court' (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Piaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-4505 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED LUCINDA EICKHOFF-MARl and JOSE MARl, HIW v. WILLIAM ROTZ, JR., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Jav Cho (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: anv and all medical records. corresoondence. diaonostic test results reoardina Lucinda Eickhoff-Mari SSN: 207-50-0267 DOB: 2/23/58 at Johnson. Duffie, Stewart & Weidner. 301 Market Street. Lemovne, 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 iisted 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: ADDRESS: TELEPHONE: SUPREME COURT 10 #: Jefferson J. Shioman. Esauire . 301 Market Street Lemovne. PA 17043 717-761-4540 51785 BY THE COURT: Proth Deputy DATE: ....)/J AJf' la,;2,.D6b Seal of the Court (Eff. 7/97) ...... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANiA : NO: 04-4505 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED LUCINDA EICKHOFF-MARl and JOSE MARl, HIW v. WILLIAM ROTZ, JR., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsvlvania Manufacturers' Association Insurance Comoanv (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: anv and all records. corresoondence. reoorts includina medical records reoardina Claim # 5002W6087900000. date of loss 5112/02 oertainino to Lucinda Eickhoff-Mari SSN: 207-50-0267 DOB: 2/23/58 at Johnson, Duffie, Stewart & Weidner. 301 Market Street. Lemovne. 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: ADDRESS: TELEPHONE: SUPREME COURT 10 #: Jefferson J. Shioman, Esauire . 301 Market Street Lemovne. PA 17043 717-761-4540 51785 BY THE COURT: Deputy DATE: ,J llA l[: t.. h .2oofo Seal of the Cou (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCINDA EICKHOFF-MARl and JOSE MARl, HIW IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO: 04-4505 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED WILLIAM ROTZ, JR., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shiooensbura Familv Practice (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: anv and all medical records, corresoondence. diaanostic test results reaardino Lucinda Eickhoff-Mari SSN: 207-50-0267 DOB: 2/23/58 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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 compiy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: Jefferson J. Shioman. Esauire . 301 Market Street Lemovne, PA 17043 717-761-4540 51785 BY THE COURT: Deputy DATE: 0u.lp L ~DDb Seal of the Court (Eff.7197) (-, !"-<:- :::,") 1 ~ ;":i ., CJ , - '-i ::j , 31 jj C.:> .< LUCINDA EICKHOFF-MARl and JOSE MARl, H/W, Plaintiffs #3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4505 CIVIL TERM WILLIAM ROTZ, JR., Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held Wednesday, August 30, 2006, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Eric J. Swan, Esquire. Present for the Defendant was Jefferson J. Shipman, Esquire. This is an uncomplicated motor vehicle accident which the Defendant is admitting negligence, and the issues at trial will revolve around causation of damages. The parties have no scheduling conflicts. It should only take one and one half days to try. As settlement negotiations currently stand, Plaintiff is demanding $22,000.00 and Defendant has offered $12,500.00. Negotiations are ongoing. By the C.oH""'t~ d'':'-'"'''''' ,-f' Edward E. Guido, J. (") ....., = 0 c = ." <?.. cr> ""QG: >- :r r~r c: n1::TI "'---.-.._.' '" r- 6]'; W ",m .:Dy - (::) ~I- ;~~ :.p:( ". ~; ~i~ :J::: Z:C) OJ ~)m Z ~ =< W :D 0"'0 -< Eric J. Swan, Esquire For the Plaintiffs Jefferson J. Shipman, Esquire For the Defendant Court Administrator 0'thonotary srs \0 GALFAND, BERGER, L.L.P. BY: ERIC J. SWAN, ESQUIRE IDENTIFICATION NUMBER: 39001 1818 MARKET STREET, SUITE 2300 PHILADELPHIA, PENNSYLVANIA 19103 (215) 665-1600 ATTORNEY FOR PLAINTIFF LUCINDA EICKHOFF-MARl COUNTY OF CUMBERLAND COURT OF COMMON PLEAS v. JURY TRIAL DEMANDED O~- 4505 NO. -64-45')5 WILLIAM ROTZ, JR. PRAECIPE TO SETTLE. DISCONTINUE AND END ( ) Mark the judgment in the above case satisfied, upon payment of Prothonotary's costs only. ( X) Mark the above case settled, discontinued and ended, upon payment of Prothonotary's costs only. ~'/7 i /lrr 1)'!J Signattire/UtS.#:39001 v Eric J. Swan, Esquire Print Name 1818 Market Street, Suite 2300 Address Philadelphia, P A 19103 (-) 'C; r-' c.? >;;,.-:::' c:r c:) ~~?~ - v:: o -t1 .-\ "1:-1\ ~:;~, ':(:'~ '~-.: ~-r \ ,-" -., '\ ~: -.... - C.., -' ." . - '\ "-~;;;:: :,-~l}:(~' :55 ''':'<'' c,) .;;,..