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HomeMy WebLinkAbout04-6531 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ()ij - le...t:;). t Civil Action - rl(~; L ~fLrv) x Law ! o Equity JAMES A. JOHNSON 1493 W 39'h Street Los Angeles, CA 90062 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING 40731 Friedens Church Road Mt. Crawford, VA 22841 vs PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ~ Attorney o Sheriff Richard S. Friedman, Esq. Friedman and King, P. C. 600 N Second Street, Suite 500 PO Box 984 Harrisburg, P A 17108 I Supreme Court ID No. 07176 Date: December 29, 2004 Name/Address/Telephone No, of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAlNTIFF(S) HAS/HA VE COMMENCED AN ACTION AGAINST yOU. ~ 72- ~ Prothonotary ?- Date: U~ ;29{ ;;zooy by /J ~2.7?z~eputy Prothon. - 55 f0 (2l 0 f-- ~ _ .J = 0 -,::.. c. = -n ?: .;:- It- ~J,T Cl ~-n 1t=-- h nlj"- rr. ~~r (J rrl- "'- - (5 N CJ~g vc ...() \.0 0 ~~::; _~c) ..r::. -0 -.:.... \:, i'- :i1 f! ....J'> :.40 b ~ V[ /.c '-:? ('51\"'1 ~ n- ....:;~ '-'-\ ......., ?D =< c.w "0 $ -.J .< FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire 1D #07176 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 Attorney for Plaintiff JAMES A. JOHNSON, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Civil Action - Law Defendants. TO: Prothonotary Please reissue the Writ in the this matter and so mark the docket. Dated: January 28, 2005 Respectfully submitted, FRIEDMAN and G, P.C. Richard S. Friedman, Esquire 10#07176 600 N. Second Street Penthouse Suite Harrisburg, PA 1710] (717) 236-8000 Attorney for Plaintiff By: (-')\ \~ 1-..0 " ':.~., (,:,;.:~ "-" '- ~: ~i;_ N cr~ J' 9? o -n --, -r-n '~\ -, ;r;..- - .~ FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire ID#07176 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 JAMES A. JOHNSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Defendants. CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW comes the Petitioner, Friedman and King, P.C., by Richard S. Friedman, Esquire, seeking leave of this Honorable Court to withdraw as counsel for Plaintiff, James A. Johnson, and avers as follows: 1. Petitioner is counsel of record for Plaintiff herein by virtue of having filed a Writ of Summons on December 29,2004. 2. Petitioner and Plaintiff entered into a fee agreement on or about December 28, 2004. See Exhibit "A" attached. 3. Pursuant to said fee agreement, Petitioner has the right to terminate its representation of Plaintiff at any time, ".. .for any reason it appears to Friedman & King that it is not feasible to proceed, and I will not oppose any such motion to terminate its representation of me". 4. That Petitioner negotiated a fair and reasonable settlement of the alleged bodily injury claim for Plaintiff. 5. That Plaintiff will not settle for the fair and reasonable sum offered and Petitioner even agreed to compromise its fee in order to give the Plaintiff more money out of the settlement proceeds. 6. That it was explained to Plaintiff that due to the fact that he treated with medical providers across the country, including Pennsylvania, Arkansas, California and now intends to treat in New Jersey, it would be prohibitively expensive to obtain treating medical opinions and depositions. Plaintiff is also without funds to pay for opinions and depositions. 7. That due to the uncooperativeness of the Plaintiff and the terms of the fee agreement, Petitioner hereby respectfully requests that he be allowed to withdraw as counsel for Plaintiff. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Plaintiff and to withdraw his appearance as counsel in the above-captioned matter. ./' Dated: March ~, 2005 Respectfully submitted, . FRIEDMAN and K!}"G, P.e. By: ~ /'/ t l~ard S. Friedman, Esquire lD# 07176 600 N. Second Street Penthouse Suite Harrisburg,PA 17101 (717) 236-8000 TO: James A. Johnson 1493 W. 39th Street Los Angeles, CA 90062 Brian Keith Burke Beam Brothers Trucking 40731 Friedens Church Road Mt. Crawford, VA 22841 Troy A. Ulrich National Casualty Company Claims Division PO Box 4120 Scottsdale, AZ 85261-4120 ---------- .{F ., pi / 1- \v\ t/ POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, That I, James Johnson, do hereby retain Friedman King, P.C., o~.Harrisburg, Pennsylvania, to investigate and possibly institute for me and in y ame any leg' act}ons or proceedings that in their judgment are necessary, in co 'ct' n with my cl m r ages as a result of injuries or damages sustained by me automobile accident. NOW EFORE, in consideration of the services so to be rendered by my said attorneys, Friedman & King, I hereby covenant, promise and agree to pay to my said attorneys, upon signing this agreement, the sum of Two Hundred and Fifty Dollars ($250.00) to be used for costs in connection with tlling and serving the Writ of Summons in order to toll the statute of limitations and to obtain medical records, due to the fact that I am appearing before my said attorneys only five (5) days before the statute of limitations expires. In addition, I hereby covenant, promise and agree to pay to my said attorneys for their professional services rendered, thirty-three and one third percent (33 1/3%) of whatever sum is recovered, whether from the party responsible for my damages, his insurance carrier, or any other third party carrier, if the case settles prior to the institution of legal proceedings, or forty percent (40%) if it is necessary to institute legal proceedings. "Instituting legal proceedings" shall be defined as filing a complaint or other legal document required for purposes of commencing a legal action; however, in cases where a legal action is commenced only for the purpose of satisfYing the statute oflimitations, without any further legal proceedings, legal proceedings shall not be deemed to have been instituted and I will pay as if the case had settled. This agreement only covers damages recoverable from the responsible driver and/or the responsible driver's insurance carrier and/or my uninsured or underinsured motorists coverage. No fees will be charged for any recovery from my own insurance company for first party benefits. Friedman & King will assist me in securing first party benefits oflost wages and medical bills at no charge. However, in the event it becomes necessary to institute proceedings against my own company for recovery of said first party benefits, a separate fee agreement will be entered into. I further agree to be responsible for all costs advanced by Friedman & King, P .C. on my behalf I understand that my attorneys will secure reports from all my medical providers, as well as a copy ofthe accident report if applicable, and that the majority of medical providers charge fees for written reports and/or copies of medical records. I also understand that costs may include on-line computer research time by personnel at Friedman & King. These costs will be payable by me at the time of settlement of my accident case or at such time as it becomes necessary to institute legal proceedings. I understand that costs will be subtracted from my net proceeds of settlement (after subtraction of Friedman & King's fees). In the event I substitute attorneys or otherwise terminate the representation of Friedman & King, P .C. in this matter prior to settlement with any responsible carrier or carriers or prior to verdict, 1 will be billed for the fair value of the services performed by Friedman & King, P.c. up to that time, which bill shall reflect the time spent by Friedman & King, P.C. on my behalf and the results of any negotiations which have resulted in an offer prior to the date of said termination of Friedman & King's services. at such time as Friedman & King's representation of me ceases for any reason. 1 will also be responsible for all costs not covered by the Two Hundred and Fifty Dollars ($250.00) paid at the time of signing this agreement, if such substitution or termination occurs. Further, I hereby acknowledge that Friedman and King, P.c. has the right to terminate its investigation and/or possible representation of me at any time, for any reason it appears to Friedman & King that it is not feasible to proceed, and I will not oppose any such motion to terminate its representation of me. As a result of the firm's representation, it will be necessary to gather information protected by federal and state privacy laws. By signing this fee agreement and hiring the fiml, 1 authorize the firm or its representative, to gather any and all information it or they deem necessary for the prosecution of my claim. This authorization acknowledges the fact that such gathering and disclosure of information may be to a third party not bound by the privacy laws or any other agreement or obligation of confidentiality. Also, I understand that upon conclusion of my/our case, the firm would nonna11y hold my file and records for possible use on my behalf in the future. However, I further understand that I have the absolute right to notifY the firm that I desire to have my records destroyed, or to pick them up to be retained by me. This Contingent Fee Agreement and Power of Attorney has been read, approved and understood by me and the receipt of a copy thereof acknowledged. The terms set forth are agreeable. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal this zrday of December, 2004. WITNESS: Re: Johnson v. Burke and Beam Trucking No. 04-6531 CERTIFICATE OF SERVICE ----- I hereby certify that I am this A day of March, 2005 serving the foregoing Petition to Withdraw upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service bv First Class Mail addressed as follows: James A. Johnson 1493 W. 39th Street Los Angeles, CA 90062 Brian Keith Burke Beam Brothers Trucking 40731 Friedens Church Road Mt. Crawford, VA 22841 Troy A. Ulrich National Casualty Company Claims Division PO Box 4120 Scottsdale, AZ 85261-4120 ~d~~~ Sharry Lauffi ' . o r <-~~ ;-., , < :2<" "-..-:.,. .....' -0 ';'? <-J' - i; :;0 !'0 - -, --. C) -'\, -0 ::>' l..:? l"') (,..J ::;J." ~\1 \':::-. .......,rD -i"-( "t(l, __",1 '~.~r~~ ~':t ----- - FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire ID # 07176 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 JAMES A. JOHNSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Defendants. CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this __ day of , 2005, upon consideration of the foregoing Petition for Leave to Withdraw as Plaintiffs Counsel, the Court grants a Rule to Show Cause why the appearance of Richard S. Friedman, Esquire, and Friedman and King, P.C., on behalf of Plaintiff should not be allowed to be withdrawn. RULE RETURNABLE WITHIN DAYS FROM THE DATE OF SERVICE OF THIS RULE. ALL PROCEEDINGS TO STAY MEANWHILE. J. Distribution: Richard S. Friedman, Esquire James A. Johnson Brian Keith Burke and Beam Brothers Trucking Troy A. Ulrich ~ ~ 3s ~ '"\ 'u -----. ~ \AI v W <. +";1;.' r~:'1 ",:,;.-' ~ {f.', .< '...: ~1:! ~:J -, (') C ....., = = <..r> o -n ~"T1 h1r= .......,f11 -as? ()t J ~_.-t "f :--c......d c'--'" ~,;'-c ) ~~~m ~:;;'.: ::i: - - J::... ;Xl N ""0 :x <-"~) N {..J ~ '--) .' . . FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire ID # 07176 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 MAR 2 :3 2005~1,jl JAMES A. JOHNSON, Plaintiff, IN THE COURT OF COMMON PL S CUMBERLAND COUNTY, PENNS LV ANIA v. NO. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Defendants. CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this Jf. ~day of ~ ,2005, upon considerati n of the foregoing Petition for Leave to Withdraw as Plaintiff's Counsel, the Court grants a ule to Show Cause why the appearance of Richard S. Friedman, Esquire, and Friedman and Kin ,P.C., on behalf of Plaintiff should not be allowed to be withdrawn. RULE RETURNABLE WITHIN ;-0 SERVICE OF THIS RULE. ALL PROCE~_TO ST S FROM THE DATE F MEANWHILE. J Distribution: ~chard S. Friedman, Esquire /,:::ames A. Johnson ;> vBflan Keith Burke and Beam Brothers Trucking .}ffoy A. Ulrich :':/'UI8 20 :5 H'j 82 i!VW SOOl Ab'dQivJHIOCid 3\11 :10 38U:10-03ll:l JAMES A. JOHNSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire 10#07176 600 North 2nd Street Penthouse Suite Harrisburg, PAl 71 0 1 (717)236-8000 v. NO. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Defendants. CIVIL ACTION - LAW MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE Richard S. Friedman, Esquire, respectfully requests this Court to make absolute the Rule to Show Cause which was issued in the above-captioned matter on March 26, 2005, and in support states the following: I. A Petition for Leave to Withdraw as Plaintiffs Counsel was filed by the Petitioner on March 23, 2005. 2. The Rule to Show Cause was issued on March 26, 2005, and was served on James Johnson, Plaintiff, and Brian Keith Burke and Beam Brothers Trucking, Defendants, and Troy A. Ulrich, USAA Insurance. See the Certificates of Service attached hereto as Exhibit "A". 3. To date, no response has been forthcoming from the Plaintiff or any party to this Honorable Court's Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that this Court make the Rule to Show Cause Absolute. Dated: J./( 2-tJ/O J , TO: James A. Johnson 1493 W. 39th Street Los Angeles, CA 90062 Brian Keith Burke Beam Brothers Trucking 40731 Friedens Church Road Mt. Crawford, VA 22841 Troy A. Ulrich National Casualty Company Claims Division PO Box 4120 Scottsdale, AZ 85261-4120 Respectfully submitted, FRIEDMAN and KJNG, P.C. / By: III / .fJ;;,;; :. F",<lmm, F.q.ire ID# 07176 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Petitioner Re: Johnson v. Burke et al No. 04-6531 CERTIFICATE OF SERVICE I hereby certifY that on this z.d day of April, 2005, 1 served the foregoing Motion to Make Rule Absolute upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service bv First Class Mail addressed as follows: James A. Johnson 1493 W. 39th Street Los Angeles, CA 90062 Brian Keith Burke Beam Brothers Trucking 40731 Friedens Church Road Mt. Crawford, VA 22841 Troy A. Ulrich National Casualty Company Claims Division PO Box 4120 Scottsdale, AZ 85261-4120 / / / / Ricl>1f.oJmm SX~\~\\ A s FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire ID#07176 600 North 2nd Street Penthouse Suite Harrisburg, P A 17101 (717)236-8000 MAR 2 3 2D05t JAMES A. JOHNSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Defendants. CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this Jr. .tVday of ~ ,2005, upon consideration of the foregoing Petition for Leave to Withdraw as Plaintiffs Counsel, the Court grants a Rule to Show Cause why the appearance of Richard S. Friedman, Esquire, and Friedman and King, P.C., on behalf of Plaintiff should not be allowed to be withdrawn. ;-0 /..// .../' SERVICE OF THIS RULE. ALL PROCEDINGS TO ST RULE RETURNABLE WITHIN S FROM THE DATE OF MEANWHILE. J. Distribution: Richard S. Friedman, Esquire "" '7'-, ~ r,'" .f"" \ ,', ~'} , ~ James A. Johnson T')'i ll' (",y' I.,,', ", , . . ," ,- ... ,d~f \~. ..'. ;lr'!1,) ,:\:,;,;~ han'.] Bnan Keith Burke and Beam Brothers Trucking In r,. '",;., i :'11'.'.[ ;-,..., '" '.:',," Troy A. Ulrich JpJ hi, :;,,"ji9'1 'r.' c' ,:' m'r;.;:~:') f I , t} d2'J Yi',1,.~LJ)J.U'f , ~\_,e..-..... J ' wJJ-(?L!!}.j """"~~~:""i.~t.~'li Re: Johnson v. Burke and Beam Trucking No. 04-6531 CERTIFICATE OF SERVICE I hereby certifY that I am this 20 day of March, 2005 serving the foregoing Rule to Show Cause upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service bv First Class Mail addressed as follows: James A. Johnson 1493 W. 39th Street Los Angeles, CA 90062 Brian Keith Burke Beam Brothers Trucking 40731 Friedens Church Road Mt. Crawford, VA 22841 Troy A. Ulrich National Casualty Company Claims Division PO Box 4120 Scottsdale, AZ 85261-4120 {JJ1(JXN~<~ Sharry Lauffer ( 0 "" 0 "" C' "'-" "rl <-"" r:: l~ .. "". :? -0 ~.;..,. -n , :;0 rnp _,""rn ~~~} J N :q, (7 0' r~;: Sf..~J .,,"- ~ -r, .". :P' (;;~ :7:1 f2 :;l: ;'-) C) en :~)rn ~..~ -~ ~ ~ l'.' ~;j .t:" :..< s RECEIVED APR 272005 d\ ~' JAMES A. JOHNSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6531 BRIAN KEITH BURKE and BEAM BROTHERS TRUCKING, Defendants. CIVIL ACTION - LAW AND NOW, this ORDER )ff.p.- day of April, 2005, upon consideration of the verified Petition i I for Leave to Withdraw as Plaintiffs counsel, and Rule to Show Cause, and there being no , iopposition thereto, it is hereby ORDERED and DECREED that said Petition is granted and that Petitioner, Richard S. Friedman, Esquire, and the firm of Friedman and King, P.C., be permitted to withdraw their ~ppearance of record for the Plaintiff in the above matter and the Prothonotary shall so mark the ~ocket.. J. ALI-n'''' n ;":'~'<N(lJ 9 Z :i Ili\J 82 ~Jdv Seal AbV10,10HlOUd 3Hl dO 3Ji:1:K}{l3lI:J ~ 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04-6531 BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Brian Keith Burke and Beam Brothers Trucking. Respectfully submitted, Date: April 20, 2006 I By: L onald R. Dorer, quire Attorney for Defendants Identification No. 39126 ~ 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendauts, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04 - 6531 BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entrv of Appearance to be served by regular first class mail upon: James A. Johnson 1493 West 39th Street Los Angeles, CA 90062 Date: April 20. 2006 Donald . orer, Esquire Attorney for Defendants f 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT Or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA VS. No. 04 - 6531 BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Co or suffer the entry of a Judgment of Non Pros. ! Donald R. D rer, Esquire Attorney for Defendants Date: April 20. 2006 RULE TO FILE COMPLAINT AND NOW, this .:2~ay of ,2006 a RULE is hereby entered upon the Plaintiff to file a Complain herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. ~~ /'PROT TAR 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04 - 6531 BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy ofthe attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: James A. Johnson 1493 West 39th Street Los Angeles, CA 90062 Date: April 20, 2006 /!;~ Donald R. Do r, Esquire Attorney for Defendants ,..." . --~ . . , 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp HilI, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF VS. BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 6531 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proof of Service to the Rule to File Complaint filed with this Court on or about April 24, 2006 in the above-captioned matter. Date: Mav 5. 2006 Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: o . Do r, Esquire 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone No. (717)73 I -0988 Attorney for Defendants Court I.D. 39126 . . 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp HilI, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04-6531 BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PROOF OF SERVICE I, Donald R. Dorer, Esquire, attorney for Defendants herein, do hereby affinn that I received the below attached return receipt of the Entry of Appearance and Rule to File Complaint sent by Certified Mail, Return Receipt Requested, which return receipt appears to contain the signature of Buli W. AIL The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. ~904 relating to unsworn falsification to authorities. . Complete items 1, 2, and 3. Also complete IIem 4 K Restrlcted Delivery Is desired. . Print your name and address on the Il>II<lISe 10 that we can return the C8ld to you. . Attach this card to the back of the mallp1ece. 01 front K space petmlls. 10: D,lsdellveryaddressd_fnlmlleml? ClYes W YES, enter delivery add.... below: Cl No A. Johnson 'West 39tb Street e1es. CA 90062 Express Mail Aotum _pt for Mao"'__ Cl Insul8d Mall Cl C,Q,D. 4. _ DelIvely? (Extra F66) Cl V.. ~ IfllJA/ftJIC 2.__ ~__w.I/ PS Form 3811. F-..ry 2004 "......5 ~----- 1- ...1510 Dated: Mav 5. 2006 D d. Doref, Esquire Attorney for Defendants , .. . 06HB-00045 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp HilI, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Brian Keith Burke and Beam Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04-6531 BRIAN KEITH BURKE AND BEAM BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to File Proof of Service to be served by regular first class mail upon: James A. Johnson 1493 West 39th Street Los Angeles, CA 90062 Date: Mav 5. 2006 Donald R. Dorer, Esquire Attorney for Defendants ~ -9 ~~ """'OC.i rr'lr.' ~- ~7':- ((I ~~.";. )~~ . ~ g;: % :P" -< I CP . "'0 :x 't: - - ~ ~ ~~ --, (,,,0 ::,.-""t'i ~B o.m ~ '"" 06HB-0 045 LAW 0 FlCE OF SNYDER & DORER 214 Sen te Avenu~, Suite 503 Camp II, PA 17011 Telepho e Number: (717) 731-0988 Attorne s for Defendants, Brian Keith Burke and Bea Brothers Trucking AMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04-6531 B AN KEITH BURKE AND BEA BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TOT PROTHONOTARY: 'ndly enter judgment of non pros on behalf of the Defendants herein for the failure of the Plai tiff, James A. Johnson, to file a Complaint pursuant to Pa. RC.P. 237.1 and 1037(a). The No ice of Praecipe for Entry of Judgment of Non Pros for Failure to File a Complaint Pursu to Pa. RC.P, 237. I was served on the Plaintiff, James A. Johnson, by certified mail and regular Irst class mail on or about June 1,2006. A copy of the Notice of Praecipe for Entry of Judgme t of Non Pros for Failure to File a Complaint Pursuant to Pa. RC.P. 237.1, as well as a copy of he letter to the Plaintiff, James A. Johnson and return receipt, is attached hereto and marked Exhibit "A". Respectfully submitted, Date: June 23 2006 F DORER By: Donald R Dorer, Esquire Court LD. 39126 Attorney for Defendants , . p?u b rr A- 11611[' (JOO.j) I.A W OFFKE OF S:'IYDER & DORER 2\-1 S nate Avenue, Suite 503 Caml Hill. PA 17011 Telep lone :'lumber: (717) 731-0'l88 Altor en for Defendants, Brian Keilh Burke and E~"11l Brolhers Trucking JA,;\IES A. JOH:'ISO:'i, PLAI:'iTlFF I~ THE COtRT OF CO'\nIO'i PLEAS Cl'\IBERL\:"OD COt:'lTY, PE:\.,\SYL YA:"lIA VS. No. 04 - 6531 f ~IAN KEITH Bl)RKE AND BE ~M BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT OF NON PRos FOR FAILURE TO FILE COMPLAINT PuRSUANT TO PA.R.C.P. 237.1 TO: James A. Johnson 1493 West 39th Street Los Angeles, CA 90062 DATE IoF NOTICE: June 1. 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN TillS (ASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A TTTn. MENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE OUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHE IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP~IONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Bar Association Lawyer Referral Service Phone: 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully submitted, LAW OFFICE OF SNYDER OF DORER , ...~.._-_.. By: Donald R. Dorer, Esquire Court I.D. 39126 Attorney for Defendants 06HIl 00045 LA' ' OFFICE OF S:-iYDER & DORER 214! enate Avenue, Suite 503 Carn Hill, PA 17011 Tele hone Number: (717) 731-0988 Alto'neys for Defendants, Brian Keith Burke and 1 earn Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COI':RT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04 - 6531 B UAN KEITH BURKE AND BE M BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Notice ofPraeciDe for Entry of Judam. nt of Non Pros for Failure to File Comnlaint Pursuant to Pa. R.c.P. 237.1 to be served by certifie mail, return receipt requested and regular first class mail upon: James A. Johnson 1493 West 39th Street Los Angeles, CA 90062 Date: June I 2006 , l Donald R. Dorer, Esquire Attorney for Defendants LAW OFFICE OF SNYDER & DORER LAW OFFICE 0 JILL R. SNYDER Rcthkhcm, P:\ IRQ] Emp]oycc~ of ~ Jtinmvidc ^,lurualIn.'i.lr,-ll1(C Olmpany@ I"ot J PJltllcrship SNYDER & ANDREWS Wcxfim.1,l'A 15090 214 SENATE AVENUE, SUITE 503 CAMP HILL,PENNSYLVANIA 17011 SNYDER & ASSOCIATES PI,tins, PA 18705 SNYDER & VERB KE CONSHOHOCKE , PA 19428 (717) 731,0988 (FAX) (717) 731,0987 SNYDER & SHAFFER DOYLESTOWN, PA 18901 SNYDER & FLE Grccnsburg,llA 15 REPLY TO: CAMP HILL DONALD R. D JOANNE E, KI PARALEGALS DEN[SEE.KAUFF~ USA S, WOLFGANG June 1,2006 CERTIFIED MAIL AND REGULAR MAIL James A. Jo I 493 West 3 h Street Los Angeles, A 90062 Re: James A. Johnson v. Brian Keith Burke and Beam Brothers Trucking Cumberland County: No. 04-6531 Dear Mr. Jo son, Enclo ed please find Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint Pursuant to P . R.C.P. 237.1. Thank you for your attention. Sincerely yours, Donald R. Dorer DRD:Isw Enclosures . CClmpIeteflems 1, 2, and 3. Also <:ornpI!>le 110m 4 W Reotricled DelI""'l' I. desired. . ....nt your name and address on the nMlI'S8 ..that we can return the card to you. . AiIlach'thls card to the back of the mallp1ece, ... on the front W space permits. 1.___10: ... ".. A. Johnson 'West 39th Street LolJ" Angel.IlS. CA 90062 C. Dale 01 ~ a -~-O'b O,lsdollwly__Irom_l? DYes "VES, enter deltvety __ below, D No 'l.IlUQ JU\'\ () ~ 2. _ Number 06BB-00045 (Ihwl'sr 1Iom_1oIloO ,.,..", 3111. ~_ ExpMs Mail C Return Reoefpt for MeeU' _.... D _ Mail D C.O.O, 4. _ DsIIwry? (Extra Fee) D Veo Bot. Praee. for Entry of Judg Bon Pros --..... .-- LAW FFICE OF SNYDER & DORER 214 S nate Avenue, Suite 503 Cam Hill, P A 17011 Telep one Number: (717) 731-0988 Attor eys for Defendants, Brian Keith Burke and B am Brothers Trucking JAMES A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04 - 6531 B KEITH BURKE AND BE BROTHERS TRUCKING, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herei and that he caused a true and correct copy of the attached Praecioe for Entrv of Judgment of No Pros to be served by certified mail, return receipt requested and regular first class mail upon: James A. Johnson 1493 West 39th Street Los Angeles, CA 90062 Date: June 23 2006 Donald R. Dorer, Esquire Attorney for Defendants t ";0 ~ ~ (") t") ~ 7i :0 c: ~:;: \) ,.'. ~ ~ C> :-<.,':' ""- 0-, ~ \). ~ , ~ '" t ~ )> (,) (J) r;~ _'W_ tI'\ ~ .. 1- ,... &, ~ f.;' . [: