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HomeMy WebLinkAbout04-4649IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 Y - i4G Y l Civil Action - (X) Law ( ) Equity ERIC R. BUXTON : JOHN H. SEIGER 2506 Mallard Way : 47 Valley Street Mechanicsburg, PA 17055 : Duncannon, PA 17020 and STACY L. BUXTON 2506 Mallard Way Mechanicsburg, PA 17055 versus Plaintiffs Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded Howard B. Kruq, Esquire Purcell, Kruq & Haller 1719 North Front Street Harrisburq, PA 17102 (717) 234-4178 Name / Address / Telephone No. of Attorney Attorney Krug, Supreme Court D No. 16826 Date: ?- J 4- O WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): JOHN H. SEIGER YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. la"G, de Q Prothonotary Date: "20D Y By l }a.,?A (? ) Ll.< ?P ( ) Check here if reverse is issued for additional information AK - Prothon. - 55 -„ PIZ vt U I y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUXTON ERIC R ET AL VS SEIGER JOHN H R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SEIGER JOHN H but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On September 23rd , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 16.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 31.25 .00 68.25 09/23/2004 PURCELL KRUG HALLER Sworn and subscribed to before me this day of ((t -2#v `/ A. D. Prothonotary' So answer R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Eric R. Buxton et al vs. John H. Seiger No. 04-4649 civil Septankxer 16, 2004 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, September 21 , 20 044 , at 12 ; 1 5 o'clock P M. served the within Writ of Summons upon _ John H_ Seiger at 47 VAlley St. Duncannon PA 17020 (Penn Twp) by handing to John H. Seiger, Defendant a True & Attested and made known to Him copy of the original Writ of Summons the contents thereof. So answers, Donald E. Sm'th Chief Deputy Sheriff of Perry COSTS Sworn and subscribed before SERVICE $ me this day of 200 MILEAGE p AFFIDAVIT IIO MAL SM $ ¦RRBMF..RJCK11m.NOrwpuBuB I KWMF ELp BONA, PUZCOUNiY W COMN3" WRM FEB.1$, TOOB County, PA R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor TO: Hon. Carl Nace Perry County Sheriff Dear Sheriff: Enclosed please find writ of summons to be served upon in your County. John H. Seiger Eric R. Buxton et al RE:. VS John H. Seiger 04-4649 civil' 47 Valley Street Duncannon, PA 17020 Kindly make service thereof and send us your return of service. Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: I of Cunher, _ b 4 *. OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JQDY S. SMITH Real Estate Deputy ERIC BUXTON and IN THE COURT OF COMMON PLEAS OF STACY BUXTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4649 JOHN H. SEIGER, CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, John H. Seiger. Respectfully Submitted NESTICO, Q%Kq'' & By: 3Richard B.-Druby Attorney I.D. # 61904` 840 E. Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 Fax: 717-533-5717 Attorneys for Defendant Date: / Q/7/JV CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, "ruby & Hildabrand, LLP, hereby certify that on the -1_ day of October, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, pA 17102 1?1 f-? CJ __ _r!LJ t r? i C] ERIC BUXTON and IN THE COURT OF COMMON PLEAS OF STACY BUXTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4649 JOHN H. SEIGER, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule on the Plaintiffs to file a Complaint within twenty (20) days of service or sufferjudgment of non pros. Respectfully NESTICO &I[ D vAND, LLP By: Richard B. Druby Attorney LD. # .5190 840 E. Chocolate Avenue Hershey, PA 17033 /*0? Tel: 717-533-5406 / Fax: 717-533-5717 Date: Attorneys for Defendant RULE TO FILE A COMPLAINT To: Eric R. Buxton and Stacy L. Buxton, Plaintiffs C/o Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 You are hereby directed to file a Complaint in the above matter within twenty (20) days of service or non pros will be entered against you. Date: ()24" ProthCu berland County l CERTIFICATE OF SERVICE I, Richard B. Druby, of the law fj of Nestico, Druby & Hildabrand, LLP, hereby certify that on theday of October, 2004, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102 •`! ?^? f?} f'?v t _ F 1 C? 1 (??l -_? ? ? l??l.. -?I"it i::... N ?':'r?C..? -7 --i i ?? .. ??ii I _ (?J Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ERIC R. BUXTON and STACY L. BUXTON, Plaintiffs vs. JOHN H. SEIGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. cry- yGy9 : CIVIL ACTION - LAW 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ERIC R. BUXTON : IN THE COURT OF COMMON PLEAS and STACY L. BUXTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 04-4649 JOHN H. SEIGER, : CIVIL ACTION - LAW Defendant COMPLAINT AND NOW COMES, Plaintiffs by their attorneys, Purcell, Krug and Haller, and files the following Complaint: 1. Plaintiff one is Eric R. Buxton (hereinafter "Eric"), an adult married individual residing at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff two is Stacy L. Buxton (hereinafter "Stacy"), an adult married individual, the spouse of Plaintiff one, currently residing at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant is John H. Seiger, an adult individual currently residing at 47 Valley Street, Duncannon, Perry County, Pennsylvania. 4. On October 9, 2002, at approximately 1:00 p.m., Plaintiffs were traveling West on Market Street in Lemoyne, Cumberland County. 5. The Buxton vehicle then stopped in a line of cars waiting for a vehicle ahead to make a left turn. 6. At or about the same time, Defendant was traveling directly behind Plaintiffs. 7. Defendant, without warning or skid mark, rear-ended Plaintiffs' vehicle with great impact. 8. Defendant admitted to a police officer on the scene that he never hit his brakes until after the first impact with the Plaintiffs' vehicle,. 9. Immediately following the collision, Eric was taken by ambulance to the Holy Spirit Hospital for emergency medical treatment. COUNT I - NEGLIGENCE ERIC R. BUXTON VS. JOHN H. SEIGER 10. Plaintiff incorporates paragraphs one through nine by reference as if set forth more fully herein. 11. Defendant was negligent in that he: a. operated his vehicle without paying attention to the road ahead; b. operated his vehicle at an excessive rate of speed; C. failed to warn of his approach; d. failed to have his vehicle under proper control so as to stop within the assured clear distance ahead; e. operated his vehicle without due regard to the presence, rights, safety and position of the Plaintiff; f. failed to maintain a proper lookout; g. failed to apply his brakes for vehicles stopped ahead; and h. followed too closely. 12. As a direct and proximate result of the negligence of the Defendant, Eric suffered significant injuries, including but not limited neck and low back pain, nausea, lumbar disc herniations, radicular left leg pain and numbness, extending down to his foot, and possible nerve root irritation. 13. As a direct and proximate result of the negligence of the Defendant, Eric has and will expend significant sums for his medical care and treatment, including TNS unit, epidural shots, and medication. 14. As a further direct and proximate result of Defendant's negligence, Eric incurred lost wages and future lost earnings potential. 15. Eric also had to expend $241.10 for a rental car utilized during repairs of his vehicle. 16. Many of Eric's injuries, including his low back pain, are permanent in nature and will, therefore, involve continuing expenses and losses for the foreseeable future. 17. Eric's accident-related injuries have and will continue to significantly impair and/or prevent him from participating in his normal employment, household, social, marital and familial activities. 18. Eric has and will continue to suffer from great bodily pain and suffering for the remainder of his life, as a result of the negligence of Defendant. WHEREFORE, Eric R. Buxton hereby demands judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. COUNT II - NEGLIGENCE STACY L. BUXTON v. JOHN H. SEIGER 19. Plaintiff incorporates paragraphs one through nine and eleven by reference, as if set forth more fully herein. 20. As a result of Defendant's negligence, Plaintiff Two sustained headache and neck pain in the accident, for which she has undergone treatment. WHEREFORE, Stacy L. Buxton hereby demands judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. COUNT III - LOSS OF CONSORTIUM STACY L. BUXTON v. JOHN H. SEIGER 21. Paragraphs one through eighteen are incorporated herein by reference thereto. 22. As a result of the Defendant's negligence, Plaintiff Two has lost the society and companionship of her spouse, and, in addition, must now significantly perform or assist in performing household chores, duties and obligations of Eric. WHEREFORE, Stacy L. Buxton hereby demands judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. By PURCELL, KRUG & H iL ID 16826 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Date: / 0 . L?-? I -b / VERIFICATION I, ERIC R. BUXTON, hereby verify that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 10 a7 O CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing COMPLAINT was made upon the following via First-Class Mail, Postage Prepaid on 10-a -O Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LL.P 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendant Tricia Kowalczyk -? ??'i-?;i ? ?? ?ti ??'j ???`? ?? ? ?? ??Ol ERIC BUXTON and IN THE COURT OF COMMON PLEAS OF STACY BUXTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4649 JOHN H. SEIGER, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: Eric Buxton and Stacy Buxton c/o Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs' Complaint within twenty (20) days from service hereof or a default of judgment may be entered against you. Dated: /1 2 ? ? NESTICO, DR.UW,& HILDABRAND, LLP By: chard B. Druby, Esq it Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant ERIC BUXTON and STACY BUXTON, Plaintiffs V. JOHN H. SEIGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4649 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied 3. Admitted. 4. Admitted upon information and belief. 5. Denied as stated. The vehicles traveling West on Market Street were in "stop and go" traffic. As for the allegation as to why the Buxton vehicle was stopped at any point in time, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied 6. Denied as stated. It is admitted only that Defendant was traveling West on Market Street on October 9, 2002 behind the Buxton vehicle. 7. Denied. The allegations of Paragraph 7 are specifically denied. On the contrary, Defendant's vehicle made slight contact with the rear of Plaintiffs' vehicle. 8. Denied. The allegations of Paragraph 8 are specifically denied, and proof thereof is demanded. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied, COUNTI 10. Paragraphs 1 through 9 above are incorporated herein by reference. 11. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 11, including subparagraphs (a) through (h) are specifically denied. 12. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 12 are specifically denied. 13. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 13 are specifically denied. 14. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 14 are specifically denied. 15. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 16. Denied. The allegations of Paragraph 16 are specifically denied. 17. Denied. The allegations of Paragraph 17 are specifically denied. 18. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 18 are specifically denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. COUNT 11 19. Paragraphs 1 through 18 above are incorporated herein by reference. 20. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 20 are specifically denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. COUNT III 21. Paragraphs 1 through 20 above are incorporated herein by reference. 22. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 22 are denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. NEW MATTER 23. Paragraphs 1-22 above are incorporated herein by reference. 24. Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiffs' claims may be barred, in whole or in part, by the selection of a limited tort option on applicable policies of insurance. 26. Plaintiffs' may have failed to mitigate their damages. 27. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses not required to be pleaded or hereby reserved. 28. Plaintiffs' claims may be barred, in whole or in part, by any applicable statute of limitations. 29. If Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by conditions for which Defendant is not responsible and/or the damages were not causally related to this accident. 30. If the Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by persons or parties over whom Defendant had no responsibility, authority or control. Dated: I l z ?/ 4 Respectfully submitted, NESTICO, DR& HILDABRAND, LLP By: Richard B. Druby, V?44 Attorney I.D. No. 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant VERIFICATION I, John H. Seiger, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. f / / o W. J."g, Date. John H. Seiger C, ,. ? rn N ?) C k } ti C G -C o \\pkh-sql\apps\Trialworks\Casefiles\667825448\Pleadings\Response to Answer w-New Matter -1097845958.wpd Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ERIC R. BUXTON : IN THE COURT OF COMMON PLEAS and STACY L. BUXTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 04-4649 JOHN H. SEIGER, : CIVIL ACTION - LAW Defendant RESPONSE TO NEW MATTER AND NOW COMES, Eric R. Buxton and Stacy L. Buxton, by their attorneys, Purcell, Krug & Haller, and files the following Response to New Matter of the Defendant as follows: 23. Paragraphs One through Twenty-Two of Plaintiff's Complaint are incorporated herein as if fully set forth at length. 24.-30. Denied as conclusions of law to which no rEMponse is required. 10 WHEREFORE, Plaintiff respectfully requests that Judgment be awarded in favor of Plaintiff and against Defendant. PURCELL, KRUG & HER Ho sq jfn ID 168 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Date: 121('11 G ? VERIFICATION I, ERIC BUXTON, hereby verify that the facts contained in the foregoing RESPONSE TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE. I, ANGELA SHAFFER, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing RESPONSE TO NEW MATTER was made upon the following via First-Class Mail, Postage Prepaid on December 14, 2004: Richard B. Druby Nestico, Druby & Hildabrand, ILLP 840 East Chocolate Avenue Hershey, PA 17033 0?.J" rll 1 ANG SHAFFER T-T s. a M ? ' - -- r.'.,'7s - j'? ?? ' f"'7 " 1 `. ? ? i _?_ ?t1 C-'? Y:W. -r7 !.r_i -." - -rte.? A' 'Y ' 3 ?.. ? ! ;?.. ?'? t7 C..) a ?? ?? ^. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire Identification No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavage(?dmdwcg.com (717) 651-3506 Attorney for Defendant, John H. Seiger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC BUXTON and STACY BUXTON, Plaintiffs, V. CIVIL DIVISION CIVIL ACTION - LAW No.: 04-4649 JOHN H. SEIGER, Defendant. ) ) JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Stephen J. Barcavage, Esquire, on behalf of Defendant, John H. Seiger, in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: ST06. J. BARCAVAGE, ESQUIRE //Attorney for Defendant, John H. Seiger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC BUXTON and STACY BUXTON, Plaintiffs, V. JOHN H. SEIGER, Defendant. CIVIL DIVISION CIVIL ACTION - LAW No.: 04-4649 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE has been served upon the following known counsel of record this 11th day of October, 2006, via United States First-Class Mail, postage prepaid: Law Offices of Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 (Counsel for Plaintiffs) MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: STEP . BARCAVAGE, ESQUIRE Atto ey for Defendant, John H. Seiger \05 A\LIAB\SJBARCAVAGEU.LPG\234305\T ,COPINHAVER\16235\00118 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire Identification No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavage(a,mdwcg com (717) 651-3506 Attorney for Defendant, John H. Seiger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC BUXTON and STACY BUXTON, Plaintiffs, V. CIVIL DIVISION CIVIL ACTION - LAW No.: 04-4649 JOHN H. SEIGER, Defendant. ) 1 JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, John H. Seiger, served Insurance Interrogatories addressed to Plaintiffs, Eric Buxton and Stacy Buxton, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 1" day of November, 2006. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: STEPHEN J. BARCAVAGE, ESQUIRE Attorney for Defendant, John H. Seiger \05 A\LIAB\SJBARCAVAGE\CORR\236502\TKCOPENHAVER\16235\00118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC BUXTON and STACY BUXTON, Plaintiffs, V. JOHN H. SEIGER, Defendant. CIVIL DIVISION CIVIL ACTION - LAW No.: 04-4649 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing NOTICE OF 1 SERVING DISCOVERY has been served upon the following known counsel of record this day of November, 2006, via United States First-Class Mail, postage prepaid: Law Offices of Purcell, Krug & Haller Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (Counsel for Plaintiffs) MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: S N J. BARCAVAGE, ESQUIRE Attorney for Defendant, John H. Seiger \05_A\LIAB\SJBARCAVAGE\CORR\236502\TKCOPINHAVER\16235\00118 ? `rt C-D L- ? =t ' -.2 ' r '^ Howard B. Krug, Esquire PA Atty. ID No. 16826 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: hkruaCCDpkh.com ERIC R. BUXTON and : IN THE COURT OF COMMON PLEAS STACY L. BUXTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 04-4649 JOHN H. SEIGER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PRAECIPE To the Prothonotary: Please mark the above-captioned matter settled, satisfied and discontinued with prejudice. PURCELL, KRUG & HALLER Date: `' - _? - 2zn 9 Harrisburg, PA 17102 ID No. 16826 (717)234-4178 Attorney for Plaintiffs C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC BUXTON and STACY BUXTON, Plaintiffs, V. JOHN H. SEIGER, Defendant. CIVIL DIVISION CIVIL ACTION - LAW No.: 04-4649 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE has been served upon the following known counsel of record this 110i day of June, 2008, via United States First-Class Mail, postage prepaid: Law Offices of Purcell, Krug & Haller Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (Counsel for Plaintiffs) MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: ,S'T'EPHEN J. BARCAVAGE, ESQUIRE Attorney for Defendant, John H. Seiger r ° ? ?i c rr? ? , rrz --- _ ' - -. :.- ; c - ? ?.; ,. . - ,.? ?-- ?- r ;? , ?,, f, , `? :? ? -? - c??