Loading...
HomeMy WebLinkAbout12-0340SHERIFF'S OFFICE OF CUMBERLAN.D,.000NTY Ronny R Anderson Sheriff .qtr of clullGrr ?tD OFF! E F'?G IFF : ?i;Ns:#??TNt?NO TAF?.E If r ; 2012 FEB t 0 ° 12' L CUMBERLAND COUNTY pENNSYL Jody S Smith Chief Deputy Richard W Stewart Solicitor R. Christopher Zampogan vs. William F. Eckrode (et al.) Case Number 2012-340 SHERIFF'S RETURN OF SERVICE 01/27/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: William F. Eckrode, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Writ of Summons according to law. 01/27/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jamie A. Eckrode, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Writ of Summons according to law. 02/02/2012 03:41 PM - Perry County Return: And now February 2, 2012 at 1541 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Jamie A. Eckrode by making known unto William F. Eckrode, Husband of Defendant at 66 Stone Way, New Bloomfield, Pennsylvania 17068 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/02/2012 03:41 PM - Perry County Return: And now February 2, 2012 at 1541 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: William F. Eckrode by making known unto himself personally, at 66 Stone Way, New Bloomfield, Pennsylvania 17068 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.45 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 1c; Counts Suite Shenff. Ieleosott. Inc. R. Christopher Zampogan IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus William F. Eckrode Jamie A. Eckrode No. 2012-340 Cumberland Co. SHERIFF'S RETURN And now February 2 , 2012 : Served the within name Jamie A. Eckrode the defendant(s) named herin, personally at her place of residence in Centre Twp-66 Stone Way Lane, New Bloomfield, Perry County, PA, on February 2 , 2012 at 3:41 by handing to William F. Eckrode, defendant's husband copy(ies) of the within Writ of Summons and made known to him the contents thereof Sworn and subscribed to before me this day of Prothonotary _- Bloan i irk Courts My Comz, r" L. 201e o'clock PM 1 true and attested So answers 01W V D heriff erry County R. Christopher Zampogan IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus William F. Eckrode Jamie A. Eckrode No. 2012-340 Cumberland Co. SHERIFF'S RETURN And now February 2 , 2012: Served the within name William F. Eckrode the defendant(s) named herin, personally at his place of residence in Centre Twp-66 Stone Way Lane, New Bloomfield, Perry County, PA, on February 2 , 2012 at 3:41 o'clock PM by handing to William F. Eckrode, defendant 1 true and attested copy(ies) of the within Writ of Summons and made known to him the contents thereof , Sworn and subscribed to before me this day of So answer ell Prothonotary De y heriff of & Clerk of Courts Deputy ProttlOrwtery Co., PA ft" Bloomfield Solo.• an. 4, 2()16 My Commission 6cp County ILE1)-OFF It;L v ?? THE PROTHONOTAI=,,i 2012 MAR 13 PM 1: 25 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, Plaintiff V. WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants No. 2012-340 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, L,ERMAN, SOLYMOS & CALKINS Dated: March 1 2012 By: v V - MIC IAEL B. CHEIB, ES Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 mscheib@gslsc.com Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, No. 2012-340 Plaintiff V. WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this JA-day of March,22011, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the parry or attorney of record as follows: Peter J. Russo, Esquire 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, E Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 mscheib@gslsc.com Attorney for Defendants I E -D-OFF iC' aF T E f ROTNONOTAl - 2012 MAR 13 PM f : 2 5 CUMBERLAND COUNT` PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, Plaintiff V. WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants TO THE PROTHONOTARY: No. 2012-340 CIVIL ACTION - LAW JURY TRIAL DEMANDED PR AF.CiPF. Please enter a Rule upon R. Christopher Zampogna, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. Date: March, 2012 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 By: Cr MICHAEL B. EIB, ESQU Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibggslsc.com Attorney for Defendants NOW, 2012, RULE ISSUED AS ABOVE. Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, Plaintiff No. 2012-340 V. WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE j Cr4h day of March, 2012, I, Michael B. Scheib, Esquire, a member of AND NOW, this the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Rule to file a Complaint by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Peter J. Russo, Esquire 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SC IB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Attorney for Defendants ;- ? 1tE P??O?NO?®TA? 'Nlvw 13 Pty t: 26 ?U?BER ?? ? AN jtp ? ? PENN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, No.. 2012-340 Plaintiff v. CIVIL ACTION - LAW WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ? day of March, 2012, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendants, William F. Eckrode and Jamie A. Eckrode, to Plaintiff, R. Christopher Zampogna Set No. 1, by United States First-Class Mail, postage prepaid, addressed as follows: Peter J. Russo, Esquire 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL OS & CAL S By: MICHAEL B. SCHEIB, ESQ. #PA 63868 110 South Northern Way York, Pennsylvania 17402-3737 Phone (717) 757-7602 / Fax (717) 757-3783 Mscheib&gslsc.com Attorney for Defendants 20 12 HAR 13 pH !.: c CUMBERLAND COUNTY PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, Plaintiff No. 2012-340 V. WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ? day of March, 2012, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that. I have this date served a copy of the Interrogatories of Defendants, William F. Eckrode and Jamie A. Eckrode, to Plaintiff, R. Christopher Zampogna, Set No. 2, by United States First-Class Mail, postage prepaid, addressed as follows: Peter J. Russo, Esquire 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQ RE Attorney I.D. # PA. 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 MscheibLa)gslsc.com. Attorney for Defendants LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire 1 Mt?' ;. 'F 28 F ?1 i : w:: PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100'Es;(-E;??%?f` Mechanicsburg, PA 17050 PENNSY Ph: (717) 591-1755 F: (717) 591-1756 prusso l2irlaw.com R. CHRISTOPHER ZAMPOGNA, Plaintiff V. WILLIAM F. ECKENRODE and JAMIE A. ECKENRODE Defendants Counsel for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 2012 - CV - 340 CIVIL : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 -1- LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 5914756 prusson?irlaw.com R. CHRISTOPHER ZAMPOGNA, Plaintiff V. WILLIAM F. ECKENRODE and JAMIE A. ECKENRODE Defendants Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 2012 - CV - 340 CIVIL : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: WILLIAM F. ECKENRODE and JAMIE A. ECKENRODE c/o Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York., PA 17402 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Peter J. Russo DATE: Tuesday, March 27, 2012 -2- I. I LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591--1756 prusso,qa,pjrlaw.com R. CHRISTOPHER ZAMPOGNA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV - 340 CIVIL JAMIE A. ECKENRODE Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, COMES the Plaintiff, R. Christopher Zampogna, by and through his attorneys, Law Offices of Peter J. Russo, P.C. and states the following in support of his Complaint: PARTIES 1. Plaintiff, R. CHRISTOPHER ZAMPOGNA, (hereinafter "Zampogna") is an adult citizen of the Commonwealth of Pennsylvania residing at 5 Saratoga Place, Camp Hill, Cumberland County, PA 17011. 2. Defendant, WILLIAM F. ECKENRODE, (hereinafter "Mr. Eckenrode") is an adult individual citizen of the Commonwealth of Pennsylvania currently residing at 66 Stone Way Lane, New Bloomfield, Perry County, PA 17068. 3. Defendant, JAMIE A. ECKENRODE, (hereinafter "Mrs. Eckenrode") is an adult individual citizen of the Commonwealth of Pennsylvania currently residing at 66 Stone Way Lane, New Bloomfield, Perry County, PA 17068. -3- FACTUAL AVERMENTS 4. On January 28, 2010, at approximately 7:00 am, Zampogna left his home in Camp Hill with his daughter, Isabella Zampogna ("Isabella") 5. At all times relevant hereto, Zampogna was operating a 2007 Cadillac Escalade bearing Pennsylvania license plate HD00204. 6. At all times relevant hereto, Isabella was securely harnessed in her car seat located in the back seat on the passenger side. 7. Zampogna travelled West along Wertzville Road as he was driving Isabella to the Goddard School located at 4955 Woodland Drive, Enola, Pennsylvania. 8. On January 28, 2010, at approximately 7:23 am, Zampogna was operating a 2007 Cadillac Escalade bearing Pennsylvania license plate HD00204, lawfully traveling West on Wertzville Road near Interstate 81. 9. On January 28, 2010, at approximately 7:23 am, Jamie A. Eckenrode was operating a 2003 Dodge Durango truck bearing Pennsylvania license plate FHP-2441 traveling in East on Wertzville Road near Interstate 81. 10. At all times relevant hereto, the 2003 Dodge Durango truck bearing Pennsylvania license plate FHP-2441 which was being operated by Jamie A. Eckenrode was owned by Defendants, William F. Eckenrode and Jamie A. Eckenrode. 11. It is believed, therefore averred that at all times relevant hereto, William F. Eckenrode and Jamie A. Eckenrode are husband and wife. 12. On January 28, 2010, at approximately 7:23 am, Zampogna was stopped at the red light on the easternmost side of the Interstate 81 overpass. -4- 13. Zampogna was the first car in the far right lane of the 2 westbound lanes on Wertzville Road. 14. 1V[rs. Eckenrode was stopped at the red light in her Dodge Durango at the opposite side of the intersection from Zampogna which is the westernmost side of the Interstate 81 overpass. 15. When the light turned green, Zampogna continued to proceed West on Wertzville Road. 16. In an effort to enter upon Interstate 81, Mrs. Eckenrode quickly turned left across the westbound traffic lanes on Wertzville Road and drove her 2003 Dodge Durango head-on into Zampogna's Escalade. 17. The traffic light where Mrs. Eckenrode had been stopped just prior to the head-on collision, possessed a green turning arrow. 18. The green turning arrow was not illuminated when Mrs. Eckenrode attempted her left hand turn across the westbound traffic lanes on Wertzville Road. 19. Mrs. Eckenrode was cited and plead guilty to one count of violating Section 3112 §§ A(1)(ii) of the Pennsylvania Vehicle Code in connection with her attempt to turn left across the westbound traffic lanes on Wertzville Road. 20. The head-on impact caused by Mrs. Eckenrode forced Zampogna's vehicle to move violently in a short, spinning motion. 21. The head-on impact caused by Mrs. Eckenrode also forced Zampogna's body to move violently within the cabin of the vehicle. 22. Zampogna's Cadillac Escalade was "totaled." -5- 23. It is believed, therefore averred that Mrs. Eckenrode's Dodge Durango was also "totaled." 24. The force created by the impact resulting from Mrs. Eckenrode's head-on collision with Zampogna caused Zampogna's air bag to deploy striking him directly in his face. 25. The force created by the impact resulting from Mrs. Eckenrode's head-on collision with Zampogna caused Zampogna's body substantial trauma. 26. The force created by the impact resulting from Mrs. Eckenrode's head-on collision with Zampogna caused Zampogna substantial pain across his neck, shoulder, arm and chest as the seatbelt he was wearing restricted his travel forward. COUNTI NEGLIGENCE 27. Plaintiff, R. Christopher Zampogna, incorporates and makes a part of this Count paragraphs 1 through 26 of this Complaint as is fully set forth. 28. The occurrence of the aforesaid accident and the subsequent injuries to R. Christopher Zampogna, resulting therefrom were caused directly and proximately by the negligence of the Defendant, Jamie A. Eckenrode, generally and more specifically as set forth below: a. In failing to apply the brakes in time to avoid a collision with the Zampogna; b. In failing to have the vehicle under proper and adequate control; c. In failing to observe Zampogna on the roadway; d. In failing to keep a reasonable lookout for vehicles lawfully on the road; -6- w , . w e. In failing to operate the vehicle with due regard to the presence and safety of Zampogna; f. In failing to drive at a rate of speed which was reasonable under the circumstances; g. In failing to yield the right-of-way to a vehicle already upon the roadway and h. In failing to abide by the rules of the road. 29. As the result of the negligence of Mrs. Eckenrode, Zampogna, has sustained severe injuries, including, but not limited to: a. Pain and numbness in his left shoulder, arm and fingers radiating from his neck; b. Cervical radiculopathy with closed head injury; c. Tendonitis in his left bicep; d. Paresthesias in the small and middle finger of the left hand; e. Paresthesias in his legs and toes; and f. A herniation of C6-7. 30. As a result of the negligence of Mrs. Eckenrode, Zampogna, has been and probably will in the future be required to treat with medical professionals to address the injuries set forth herein, including, but not limited to: a. Requirement to have various x-rays taken to determine the extent of the various injuries; b. Requirement to have various MRIs to determine the extent of the various injuries; c. Requirement to have an arthrogram MRI to determine the extent of the various injuries; -7- ,. f d. Requirement to have a fluoroscopy-guided left biciptial tendon sheath steroid injection; e. Requirement to attend numerous doctors visits; 1'. Requirement to attend numerous physical therapy sessions; g.. Requirement to attend numerous chiropractic sessions; and h.. Requirement to attend numerous massage therapy sessions. 31. As a result of the negligence of Mrs. Eckenrode, Zampogna has been and will in the future be hindered from attending to his usual daily duties to his great detriment, loss, humiliation and embarrassment. 32. As a result of the negligence of Mrs. Eckenrode, Zampogna has suffered a loss of life's pleasures and will continue to suffer the same in the future to his great detriment and loss, including, but not limited to: a. Difficulty and discomfort sleeping; b. Difficulty turning his head to the left; c. Difficulty with his daily interaction with his family; d. Difficulty assisting his children with the extracurricular activities; and e. Difficulty with some recreational activities. 33. As a result of the negligence of Mrs. Eckenrode, Zampogna, has undergone great physical pain, discomfort and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, causing him great physical, emotional, and financial detriment and loss. 34. As a result of the negligence of Mrs. Eckenrode, Zampogna has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for the -g- 7 .I d repair of him, he continues to require treatment and would need to incur medical expenses for his injuries. 35. As a result of the negligence of Mrs. Eckenrode, Zampogna will likely need surgery in order to effect a cure for the aforesaid injuries. WHEREFORE, Plaintiff, R. Christopher Zampogna, seeks damages from Defendants, William F. Eckenrode and Jamie A. Eckenrode in an amount in excess of the jurisdictional limit and demands a trial by jury. LAW OFFIC TER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 Date: Tuesday, March 27, 2012 -9- LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 5914756 prussoapjrlaw.com R. CHRISTOPHER ZAMPOGNA, Plaintiff V. WILLIAM F. ECKENRODE and JAMIE A. ECKENRODE Defendants Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2012 - CV - 340 CIVIL JURY TRIAL DEMANDED VERIFICATION I, R. CHRISTOPHER ZAMPOGNA, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: S " 1? l ?i 10 1 f f LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso(cr,,pjrlaw.com R. CHRISTOPHER ZAMPOGNA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV - 340 CIVIL JAMIE A. ECKENRODE Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on lYMo me p a??y ac?k , I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: US FIRST CLASS MAIL Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins Attorneys for the Defendants 110 South Northern Way York, PA 17402 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: C??2 ? "?'Lpj'-n Ashley alcolm, Paralegal -11- {{ r I ?" ?, , ? ? d n .fir ? ?•, R ? ? r°_. ,? CJ' 1 tU iil i"NO CO II T Y PEA 'dSYL' ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, Plaintiff V. WILLIAM F. ECKRODE and JAMIE A. ECKRODE, Defendants No. 2012-340 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: R. Christopher Zampogna c/o Peter J. Russo, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 You are hereby notified to file a written response to the enclosed Defendants' Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: , 2012 By: GRIFFITH, STRICK ER, LERMAN, SOLYMOS WCALNS I f MICIRAEL B. SCHEIB, ESQUIRE L,/ Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 Attorney for Defendants William F. Eckrode and Jamie A. Eckrode IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, No. 2012-340 Plaintiff V. CIVIL ACTION - LAW WILLIAM F. ECKRODE and JAMIE A. ECKRODE, Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER COME NOW, Defendants, William F. Eckrode and Jamie A. Eckrode, by and through their attorneys, Griffith, Stickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and respond to the allegations in Plaintiff's Complaint as follows: PARTIES 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 2. Admitted, however, the correct spelling of Defendant's last name is Eckrode. 3. Admitted, however, the correct spelling of Defendant's last name is Eckrode. FACTUAL AVERMENTS 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 5. Admitted. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 7. Admitted in part and denied in part. It is admitted Plaintiff was travelling on Wertzville Road. The remaining averments of paragraph 7 are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiff's complaint and the same is denied and strict proof thereof is demanded. 8. Admitted in part and denied in part. It is admitted that Plaintiff was operating said vehicle. The remaining averments of paragraph 8 are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiff's complaint and the same is denied and strict proof thereof is demanded. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 16. Admitted in part and denied in part. It is admitted that the vehicles came into 2 contact with one another. The remaining averments of paragraph 16 are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiff's complaint and the same is denied and strict proof thereof is demanded. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 19 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 20 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 21. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 22. Denied. After reasonable investigation, Defendant is without knowledge or 3 information sufficient to form a belief as to the truth of the allegations set forth in paragraph 22 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 23. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 24. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 24 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 25. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 25 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 26. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 26 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. COUNTI NEGLIGENCE 27. Paragraphs 1 through 27, inclusive, of Defendants' Answer with New Matter are hereby incorporated by reference, as if fully set forth at length. 28. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 28 of Plaintiffs Complaint and the same is denied and strict proof thereof is demanded. 4 29. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 29 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 30. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 30 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 31. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 31 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 32. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 32 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 33. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge 5 or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 33 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 34. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 34 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. 35. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 35 of Plaintiff's Complaint and the same is denied and strict proof thereof is demanded. WHEREFORE, Defendants respectfully requests this Honorable Court to enter judgment in their favor together with the costs of this lawsuit. By way of further defense: NEW MATTER 36. Paragraph 1 through 35 of Defendants' Answer with New Matter are incorporated herein and as if fully set forth at length. 37. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle Financial. Responsibility Law. 6 38. Plaintiff's injuries, if any, may be barred or limited by a limited tort selection. 39. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 40. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 41. Plaintiff's damages were caused by his own conduct. 42. Plaintiff's recovery may be barred or limited by the amount of uninsured or underinsured motorist's benefits, if any, to which Plaintiff may be entitled to recover. 43. Defendant is entitled to have the Court mold any verdict in Plaintiff's favor to reflect the amount of uninsured or underinsured motorist's benefits, if any, which Plaintiff has received. WHEREFORE, Defendants respectfully requests this Honorable Court to enter judgment in their favor together with the costs of this lawsuit. Dated: 1 ?, 2012 By: 7 Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 Attorneys for Defendants, William F. Eckrode and Jamie A. Eckrode GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS YIEIFICATIQN I, William F. Eckrode, hereby verify that the statements 'made in the foregoing Dew' Answer with New Matter are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unworn falsifications to authorities. Date: April , 2012 12 William F. Eekrode I, Jamie A. Eckrode, hereby verify that the statements made in the foregoing Defendants' Answer with New Matta are true and correct to the -best of my personal knowledge or information and bclief? as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my imowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: April 9O 2012 1 J e A. Eckrode IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, Plaintiff V. : WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants No. 2012-340 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ``A (?) day of May, 2012, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Answer with New Matter, by First Class Mail, addressed to the party or attorney of record as follows: Peter J. Russo, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKT MICHAEL B. SCME1B, ESQUIRE- Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 Attorneys for Defendants, William F. Eckrode and Jamie A. Eckrode I, 'I V LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso ,pjrlaw.com R. CHRISTOPHER ZAMPOGNA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW c-- ?' MW =C " WILLIAM F. ECKENRODE and NO. 2012 - CV - 340 CIVIL = M ?,rv JAMIE A. ECKENRODE n r- - Defendants JURY TRIAL DEMANDED x {ma -? :z CD i. r PLAINTIFF, R. CHRISTOPHER ZAMPOGNA' S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, COMES Plaintiff, R. Christopher Zampogna, hereinafter "Answering Defendant" by and through his attorneys, Law Offices of Peter J. Russo, P.C., and files the within Answer to Defendant's New Matter: 36. Denied. The rules of Civil Procedure do not require response to the averments in Paragraph 37. Denied. The averments contained in Paragraph 37 are conclusions of Law to which no response is required. 38. Denied. The averments contained in Paragraph 38 are conclusions of Law to which no response is required. 39. Denied. The averments contained in Paragraph 39 are conclusions of Law to which no response is required. 40. Denied. The averments contained in Paragraph 40 are conclusions of Law to which no i response is required. 41. Denied. The averments contained in Paragraph 41 are conclusions of Law to which no response is required. 42. Denied. The averments contained in Paragraph 42 are conclusions of Law to which no response is required. 43. Denied. The averments contained in Paragraph 43 are conclusions of Law to which no response is required. Res su metffill W OF OF P + R I RUSSO, P.C. Peter . usso, Attorney ID No. 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: May 14, 2012 /I LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prussokpirlaw.com R. CHRISTOPHER ZAMPOGNA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV - 340 CIVIL JAMIE A. ECKENRODE Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on CD b 12 , I have served a true and correct copy of the foregoing document upon the fo lowing persons, in the manner indicated: US FIRST CLASS MAIL Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins Attorneys for the Defendants 110 South Northern Way York, PA 17402 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: z . Ashley R Malcolm, Paralegal FILE -OF ICE OF THIE PROTHONOTARY LAW OFFICES OF PETER J. RUSSO,P.C. 2013 APR 24 Phi !: 33 BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 CU PENNSYLVANIA d D N T Y Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg,PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff R. CHRISTOPHER ZAMPOGNA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV -340 CIVIL JAMIE A. ECKENRODE, Defendants JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 The Plaintiff, R. Christopher Zampogna, objects to the proposed subpoena that is attached to these objections for the following reasons: 1) The documents requested in the subpoena are irrelevant and are not likely to lead to any admissible evidence; 2) The documents requested in the subpoena are considered privileged and confidential; and 3) The amount of documents requested in the subpoena place an undue burden on the individual subpoenaed in time and expense. Specifically, Dr. Edward Batista is a Psychologist, which has no relevance to the physical ailments negligently caused by the Defendant, Jamie Eckenrode. Further, Plaintiff at no time raised a claim for mental anguish or alleged damages of a mental nature, but only physical ailments which affect the Plaintiff following the accident. Respectfully Submitted LAW OFFICES OF PETER J. RUSSO, P.C. By: zRdi'� Pet . Rut-,"Esquire Attorney I. No. 72897 ePaul D. Edger, Esquire Attorney I.D. No. 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Date: April 23, 2013 Attorneys for Plaintiffs OF PEENNSYLVkNLA. COUNTY OF C-0-1-fBERLAND R. t--Jivistopher ,im,vogna File No. VS. William F. E0,.ode ind Jamie A. Eckrode SUBROD14Nom.TO PRODUCE DO CU OR THINGS FOR DISCOVERY PURSUA-14T TO MULE 4009.22 TO: Edward Batista (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: See attached rider for instructions. litigation solutions, LLC, ioi Towne sqtiare Way, Suite 251 Pittsburgh, PA 15227 at (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 right to seek i-a above. You have the ri ri advance The reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or tbing-required by this subpoena within twenty(20)days afttr.its service,the party-serving this subpoena may seek a court ordef compelling you to*comply with it - Y-TaS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWWG PERSON: Michael Scheib, Esquire 11.1 aQ-11 mnrrh rn Way ADDRESS: PA. 1'7AQ2 7 1 TELEPHONE: 63Q68 SUPREME COURT 11a*,nse ATTORNEYFOR - BY nM COURT. Prothonotary,Civil Division geail ofthe,Court Deputy pul > r Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Edward Batista 3920 Market Street Camp Hill PA 17011 Attention: Records Department Subject: Zampogna, R. Christopher SS#: 8054 Date of Birth: 09/30/1972 Requested Items: Please remit: a complete copy of any and all documents in your possession from 01/28/05 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. R. CHRISTOPHER ZAMPOGNA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV-340 CIVIL JAMIE A. ECKENRODE, , Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true and correct copy of Objections to Subpoena Pursuant to Rule 4009.21 upon the following persons, in the manner indicated: FIRST CLASS MAIL Michael Scheib,Esquire 110 South Northern Way York, PA 17402 Litigation Solutions, LLC 101 Towne Square Way, Suite 251 Pittsbu PA 15227 By: ere Stro arale Date: April 23, 2013 H;�* J- 1. 1110'� LAW OFFICES OF PETER J.RUSSO,P.C. 0 TA i�y BY: Paul D. Edger, Esquire "AY23 4;111: �8 PA Supreme Court ID: 312713 CUt"RF-ANA Li,Peter J. Russo, Esquire PE)%S'A(L N/' �r y PA Supreme Court ID: 72897 A 5006 E. Trindle Road, Suite 203 Mechanicsburg,PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff R. CHRISTOPHER ZAMPOGNA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV- 340 CIVIL JAMIE A. ECKENRODE Defendants JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 The Plaintiff, R. Christopher Zampogna, objects to the proposed subpoena that is attached to these objections for the following reasons: 1) The documents requested in the subpoena are irrelevant and are not likely to lead to M admissible evidence; 2) The documents requested in the subpoena are considered privileged and confidential; and 3) The amount of documents requested in the subpoena place an undue burden on the individual sgbpoenaed in time and expense. Specifically, Dr. Edward Batista is a Ps�ologist, which has no relevance to the physical ailments negligently caused by the Defendant, Jamie Eckenrode. Further, Plaintiff at no time raised a claim for mental anguish or alleged damages of a mental nature, but only physical ailments which affect the Plaintiff following the accident. Respectfully Submitted LAW OFFICES OF P TER J. RUSSO, P.C. By: Pete . usso, Es re Attorney I.D. . 72897 e Paul D. Edger, Esquire Attorney I.D. No. 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Date: May 22, 2013 Attorneys for Plaintiffs R. CHRISTOPHER ZAMPOGNA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW WILLIAM F. ECKENRODE and NO. 2012 - CV-340 CIVIL JAMIE A. ECKENRODE . Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true and correct copy of Objections to Subpoena Pursuant to Rule 4009.21 upon the following persons, in the manner indicated: FIRST CLASS MAIL Michael Scheib, Esquire 110 South Northern Way York, PA 17402 Litigation Solutions, LLC 101 Towne Square Way, Suite 251 Pittsburgh,PA 15227 By: *shley al lm, Paralegal Date: May 22, 2013 , CONEVIONWFAL'I'll 0 t'I,;NNSYI,VA,NIA CMjN I Y Oh C Ii IN]It V 14LAiN1) fZ. l.hristol�hcr /.ampu�na Common fleas vs. William F. I`ckodc mid Jamic A. Lckrodc Cc1sc Nunlhcr: 2012-CV-:,40 Cl RTIFICA I'L? i'IZI RI O111S1'fL 'I'O'fIII; SI:lZVI(:I;O A SUBPOI NA PURSl IANT 1'O RUI,F ,t000)?^ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions.. I,I.0 ('1.,S1.1,C') on behalfof Michael Scheib. I'scquire of Griffith, Strickler, Lerman, Solymos & C ; lkins certif7es that: H) A notice of intent to serve the subpoena with a copy of the suhpocna attached thereto was marled or delivered to each party at least twenty clays prior to the date on \vhich the subpoena is sought to be served. (2) A copy ofihc notice of intent, including the proposed subpoena, is attached to this certificate: (3) No ohjection to the subpoena has been received. and: (1) The suhpocna \\hich will be served is identical it.) the subpoena vwhich is auached to the notice of'intent to serve the suhpocn-1. Date: 0�/0612013 Litigation Solutions. 1,1,(' oil behali'of Michael Scheib. L:squire of Griffith. Strickler. Lerman.. Solymos & Calkins Attorney for the Defendant. CC: Michael Schejb. Esquire Griffith. Strickler. Lerman. Solvmos & Calkins 1 10 South Northern Wav York PA 17402 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND R. Christopher Zampogna Court of Common Pleas VS. William F. Eckode and Jamie A. Eckrode 2012-CV-340 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Edward Batista All available TO: Peter 1. Russo, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Michael Scheib, Esquire intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 4/15/2013 Litigation Solutions, LLC on behalf of: CC: Michael Scheib, Esquire of Griffith, Strickler, Lerman, Solymos &Calkins - Michael Scheib, Esquire Court of Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR R. CHRISTOPHER ZAMPOGNA VS. WILLIAM F. ECKODE AND JAMIE A. ECKRODE County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Russo, Esquire, 5006 East Trindle Road Suite 100 Mechanicsburg PA 17050 P: 717-591- Opposing Peter J. 1755 F: 717-591-1756 Counsel LF Fi{ _i 11:i`1Iv.,I T'I,1�f=-I':-LAI COTJN'T"f OF CUTABE..RT_.0 4 File No. W i 1.7.iam P. Eli k'),.t(8 111(9 ,Jam ie SUBPOENA TO PRODUCE DOCUMENTS OIL THINGS FOR DISCOVER[FURSUA14T TO MME 4004.22 TO: ta (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: see attached rider for .i.n:>tructions, Lit:.igatioll -^,o7uticsn.^>, i,LC, 101, Towne -5"Juare Way, :;uir.e 2, 52. Pit.tsb"Tgt, PA 15227 at (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 agave. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thngs sought If you fail to produce the documents or things required by this subpoena within twenty(20)days of nr.its service,the party-serving this subpoena may seek a count ordef compelling you to comply vrith it - TFI:LS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: IAicllael r;heib, Esquire NANM: i 1 rt z-t, worrliern way ADDRESS: TELEPHONE: t--3868 SUPREME COURT D�fians, ATTORNEY FOR BY THE COURT:. {� } Prothonotary,Ci4Division Dace: eal o the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Edward Batista 3920 Market Street Camp Hill PA 17011 Attention: Records Department Subject: Zampogna, R. Christopher SS#: 8054 Date of Birth: 09/30/1972 Requested Items: Please remit: a complete copy of any and all documents in your possession from 01/28/05 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. i F;LED— VICE 2M AR 1 PM .2: 45 !.,,UtiBERLAND 1GOlai `r PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. CHRISTOPHER ZAMPOGNA, No. 2012 -340 Plaintiff v. CIVIL ACTION - LAW WILLIAM F. ECKRODE and, JAMIE A. ECKRODE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2014, I, Robert D. O'Brien, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Notice of Taking Deposition of R. Christopher Zampogna, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Peter J. Russo, Esquire 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: R • BERT D. O'BRIEN, ESQUIRE PA 65737 110 South Northern Way York, PA 17402 -3737 Phone (717) 757 -7602 Fax (717) 757 -3783 Robrien@gslsc.com Attorney for Defendants, William F. Eckrode and Jamie A. Eckrode