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Home My WebLink About05-1341 ORIGINAl II I ],..... i' ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, P A 17 t 10-1708 (717) 238-679t FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dJutz@angino-rovner.com JENNIFER YOHE and MARK YOHE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW - L'--- NO. [) S - /34/ Ct(.>L' I <ifl.-YvJ JURY TRIAL DEMANDED MARISA ZIZZI, Defendant PRAECIPE To the Prothonotary of Cumberland County: Please issue a Writ of Summons against Defendant Marisa Zizzi, 177 Richland Road, Carlisle, P A 17013 (permanent residence). ANGINO & ROVNER, P.C, ;z Date: ) IS~DS ~ Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 296261 (J ~ 1-~ 11( h Crt - 6"- () f' - .c: -cJ ~ C> ("\ tv I --.() ~ J::- .JAvHaf510 ~~~.) C:>_ ('-) "::~:; :'n '"irt /' :~-,' c.~ ,.,--, ," "'.,) .H'~' C:) Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS JENNIFER YOHE AND MARK YOHE Plaintiff Court of Common Pleas Vs. No. 05-1341 CIVIL TERM In CivilAction-Law MARlSA ZIZZI 177 RlCHLAND ROAD CARLISLE, PA 17013 AND ROBERT MORRIS UNIVERSITY 6001 UNIVERSITY BLVD. STUDENT MAILBOX #748 MOON TOWNSHIP ALLEGHENY, PA 15108 Defendant To MARlSA ZIZZI You are hereby notified that JENNIFER YOHE AND MARK YOHE the Plaintiff has I have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date MARCH 15, 2005 Attorney: Name: DAVID L. LUTZ, ESQUIRE Address: 4503 N. FRONT ST. HARRISBURG, PA 17110 Attorney for: Plaintiff Telephone: 717-238-6791 JENNIFER YOHEand MARK YOHE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, : NO. 05-1341 MARISA ZIZZI, : CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOT AR Y: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Marisa Zizzi. Respectfully Submitted Richard B. Druby Attorney J.D. # 61904 840 E. Chocolate Avenue Hershey, P A 17033 Tel: 717-533-5406 Fax: 717-533-5717 Attorneys for Defendant Zizzi 1 By: i !{Ih~ , Date: CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm ofNestico, Druby & Hildabrand, u~ LLP, hereby certifY that on the A:.. day of April 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.C. Attorneys for Plaintiffs 4503 N. Front Street Harrisburg, P A 17110 I I , i I I I , i i I i C) r-.> <::::> ,::;:. c...-, ~~ .-1 I.." m-...! ,- .'or.-: ~:3 5? rl'; '''',,;:13 ..:::,.(J :-Srn ~~1 :~ -'t_~ ;:-G N --.I , :l;: U1 Q;) - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOHE JENNIFER ET AL VS ZIZZI MARISA 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: ZIZZI MARISA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 18th , 2005 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 6.00 9.00 10.00 50.00 3.00 78.00 04/18/2005 ANGINa & ROVNER sO-2:V~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this "-" II - day of ~J4f I )UI:) A.D. ~:~'1"' () )1~ 11ft;. Prothonotart .- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOHE JENNIFER ET AL VS ZIZZI MARISA RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ZIZZI MARISA the DEFENDANT , at 1644:00 HOURS, on the 18th day of March 2005 at 177 RICHLAND ROAD CARLISLE, PA 17013 by handing to ANTHONY ZIZZI, FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 4.44 .37 10.00 .00 32.81 -,J"''''''~;,2'i'''? y/ '/ ",,~.:~,-~,..;,.~".;~,~< r (f?'[.,-:c.,.p R. Thomas Kline 04/18/2005 ANGINO & ROVNER me this Ii ~ day of By: ~r<< Deputy Sh riff Sworn and Subscribed to before l""t, 1 A. D . Cjl>-'J' prith1~~~~~yl J2p:<; \ ~. i ~ ~.t -"\::-I' ~'l'I"-'''"",,)...\ xi....... In "The Court of Common Pleas of Cumberland County, Pennsylvania , Jennifer Yohe et al Marisa ZiZ~~' - tin n,l. 'h Ci Qj fS r<o\rfttmt nS WvSI 05-1341 civil (1'001 Llr)LVeYSlttJ B'v~ I 1/10- No. klQDY) . Ri..., (51(:€) MCLL-IW)l ',0 Now, March 15, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Alleqhenv County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~W:~/~" '. ..;<l't-::~;':;'" .r ,;?~?,-,a<' ~-1 ~___{-;~1'~ She-:-lff of Cumberl,md Com:t:,-', P A Now, within upon Affidavit of Service 3-JI-US ~lT ,Ro a (,')1 tvl-vi-X ii O( 33" ,20..........!....,at v o'c1ock+-M. served the VVl ! 'l;{)} i ll:t at (., iJlJ ,i VV'li v'(.;? Ii 't O~v' f) by handing to Lvltiivr tow III s ti a l'C'V{ Lw2tl copy of the original ~}l the contents thereof. and made known to So answers, () L~ Sheril,f County. PA COSTS Sworn and subscribed before SERVICE me this _ day of APR 0 7, ~ MILEAGE cOMMONWEALTHoF~J~lT $ "N.,":~:l'JI'hd . tl K O'f.1'r;~;1-"N~tny Public City of P1Hst-\"F;h. /.11,~t,hcny C01~~J!V rvly Comr.ll~','.H""'::L' : JUHC "\ 2063 $ Member, PCrl:;;~fi';,:;:',:::':,'_' ,;:jA'Sl ;)1' \1('!8r;h~s ~ ANGINO & ROVNER, p.e. David L. Lutz, Esquire Attorney lD#: 35956 4503 North Front Street Harrisburg, PA t711O-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com JENNIFER YOHE and MARK YOHE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION - LA W NO. 05-1341 Civil Term MARISA 21221, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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. ORIGINAL 296234 II, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 St., Carlisle, PA 17013 TELEPHONE 717-249-3166 A VISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 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 Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para used. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO IlENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEFONO 717-249-3166 296234 )1. ANGINa & ROVNER, P.C. David L. Lutz, Esquire Attorney lD#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffts) E~mail: dlutz@angino-rovner.com JENNIFER YOHE and MARK YOHE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 05-1341 Civil Term MARISA ZIZZI, Defendant JURY TRIAL DEMANDED COMPLAINT I. Plaintiffs Jennifer and Mark Y ohe, citizens of the COmmonwealth of Pennsylvania, reside in Newville, Cumberland County, Pennsylvania. 2, Defendant Marisa Zizzi is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 177 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter related took place on or about April 3, 2003, at approximately 7:37 a.m. on Route II, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Mrs. Yohe was operating her motor vehicle, a 1993 Ford Explorer, leaving a Sheetz convenience store parking lot. The Sheetz store is located at the intersection of Route II and Route 465. 5. Immediately before the subject motor vehicle accident, traffic traveling east on Route II was stopped at the red traffic light at the Route II and Route 465 intersection. 6, Before the subject collision, Mrs. Yohe was planning to leave the Sheetz convenient store parking lot and turn left to travel in a west direction on Route II to return to her home in Newville. 296234 II. , 7, As Mrs. Y ohe pulled her vehicle toward the line of vehicles stopped in the eastbound lane of Route II, a gentleman in a red pick-up truck had brought his vehicle to a stop so as to create a gap in the line of traffic that would permit Mrs. Y ohe to leave the Sheetz parking lot and turn left onto Route II. 8, The gentleman in a pick-up truck waived Mrs. Y ohe from the Sheetz parking lot, and she proceeded to cross the eastbound lane of Route II and turn into the westbound lane of Route II, 9, Immediately before Mrs. Yohe left the Sheetz parking lot, the Defendant, operating a 200 I Volkswagen, was stopped in the aforesaid line of traffic in the eastbound lane of Route I I. 10. However, the Defendant decided to leave the line of traffic and travel down the middle of Route II, across the double yellow line, and caused her vehicle to collide into the left rear of Mrs. Yohe's Ford Explorer. II. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Jennifer Y ohe are the direct and proximate result ofthe negligent, careless, wanton, and reckless manner in which Defendant Marisa Zizzi operated her motor vehicle as follows: lines; a. traveling in the center of roadway, which was prohibited by double yellow b. failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; 296234 2 c. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; II. [I d, failure to apply her brakes in sufficient time to avoid striking the side of Mrs. Yohe's vehicle; and e. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT! Jennifer Y ohe v, Marisa Zizzi 12, Paragraphs I through II are incorporated herein by reference, 13. Plaintiff Jennifer Yohe sustained painful and severe injuries, which include but are not limited to neck strain; neck spasms; significant distal rotator cuff tendonitis to the right shoulder; headaches; radiculitis due to disc displacement of her cervical, thoracic, and lumbar spine area; and chronic low back pain. 14, By reason of the aforesaid injuries sustained by Plaintiff Jennifer Yohe, she was forced to incur liability for medical treatment, medications, chiropractic therapy, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 15. Because of the nature of her injuries, Plaintiff Jennifer Yohe has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Jennifer Yohe has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss ofIife's pleasures and enjoyment, and claim is made therefor. 296234 3 II, I ~ 17. As a result of the aforesaid injuries, Plaintiff Jennifer Yohe has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 18. As a result of the aforementioned injuries, Plaintiff Jennifer Y ohe has sustained work loss, loss of opportunity, and a permanent diminution of her eaming pOwer and capacity, and claim is made therefor. 19. Plaintiff Jennifer Yohe continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. COUNT II Mark Yohe v. Marisa Zizzi 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by his wife, Plaintiff Jennifer Y ohe, Plaintiff Mark Y ohe has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. 296234 4 II. .. WHEREFORE, Plaintiffs Jennifer and Mark Yohe demand judgment against Defendant Marisa Zizzi in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, OVNER, P.C. / Date: &;\/Q"J D d .Lut I.D, No, 35956 4503 N. Front Street Harrisburg, PA 17110 (7 I 7) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 296234 5 II. ~ VERIFICATION We, Jennifer and Mark Yohe, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: ...,>" ~'/"!?!0 / t7e/- . ark Yohe /' Dated: 296234 , , CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certifY that I am this day serving a true and correct copy of the COMPLAINT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard Druby, Esquire 840 East Chocolate Avenue Hershey, P A 17033 Attorney for Defendant Dated: ~ - \ -,0 \' 296233 6; C") C~:' -n <;...il J.' C,) c_ (' 1 1'-0 ('"..~ c.' JENNIFER YOHE and MARK YOHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, : NO. 05-1341 MARISA ZIZZI, : CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant. NOTICE TO PLEAD TO: Plaintiffs Clo DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.c. Attorneys for Plaintiffs 4503 N. Front Street Harrisburg, PA ]7110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. H1LDABRAND, LLP By: t h-I ~r t ! Richard B. Druby, Attorney I.D. No. 04 840 East Chocolate A venue Hershey, Pennsylvania J 7033 Tel: (7] 7) 533-5406 Fax: (717) 533-5717 Attorney for Defendant Dated: JENNIFER YOHE and MARK YOHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 05-1341 MARISA ZIZZI, CIVIL ACTION - LA W JURY TRIAL DEMANDED Defendant. DEFENDANT'S ANSWER WITH NEW MATTER I. Denied. 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. Admitted, 3. Denied as stated. Plaintiffs are making allegations regarding an auto accident that occurred on April 3,2003 at approximately 7:37 a,m. on Route 11, Carlisle, Cumberland County, Pennsylvania. 4, Admitted upon information and belief. 5. Denied. The allegations of Paragraph 5 are specifically denied. 6. Denied. 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. 7. Denied. 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 8. Denied. The allegation that Plaintiff turned into the westbound lane of Route 11 is denied. It is admitted that Plaintiff proceeded to cross the eastbound lane of Route 1 I. However, Plaintiff did not enter the westbound lane of Route 11 prior to the accident. As for the remaining allegations of Paragraph 8, 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. 9, It is admitted that Defendant was operating a 2001 Volkswagen. As for the remaining allegations of paragraph 9, they are denied, 10. Denied. The allegations of Paragraph No. 10 are specifically denied. 11, Conclusion oflaw, to which no response is required, To the extent a response is required, the allegations of Paragraph No. 11, including subparagraphs (a) through (e) are specifically denied, COUNTl Jennifer Yohe v. Marisa Zizzi 12. Paragraphs 1 through 1] above are incorporated herein by reference. 13. Conclusion oflaw, to which no response is required. To the extent a response is required, the allegations of Paragraph No. 13 are specifically denied. 14. Conclusion oflaw, to which no response is required. To the extent a response is required, the allegations of Paragraph No. ] 4 are specifically denied. ] 5. Conclusion oflaw, to which no response is required. To the extent a response is required, the allegations of Paragraph No. 15 are specifically denied, 3 16. Conclusion oflaw, to which no response is required. To the extent a response is required, the allegations of Paragraph No. 16 are specifically denied. 17. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph No. 17 are specifically denied. 18. Conclusion oflaw, to which no response is required, To the extent a response is required, the allegations of Paragraph No. 18 are specifically denied, 19. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph No. 19 are specifically denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and that judgment be entered in her favor and against the Plaintiffs, plus cost of this action. COUNT" Mark Yohe v. Marisa Zizzi 20. Paragraph Nos. I through 19 are incorporated herein by reference. 21. Conclusion oflaw, to which no response is required. To the extent a response is required, the allegations of Paragraph No. 21 are specifically denied. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and that judgment be entered in her favor and against the Plaintiffs, plus cost of this action, NEW MATTER 22. Paragraphs 1-2 I above are incorporated herein by reference, 23. Plaintiffs' claims are barred, in whole or in part, by the provisions of the 4 Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiffs' claims may be barred, in whole or in part, by the selection of a limited tort option on applicable policies of insurance. 25, Plaintiffs may have failed to mitigate their damages, 26, Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses not required to be pleaded or hereby reserved, 27. Plaintiffs' claims may be barred, in whole or in part, by any applicable statute of limitations. 28. 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. 29. 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. 30. Plaintiff, Jennifer Y ohe, was contributorily negligent/comparatively negligent for causing the accident and/or she assumed the risk of her injuries, 31. The accident in question was proximately caused by the negligence, carelessness and recklessness of Plaintiff in that she: (a) Failed to maintain a proper lookout; (b) Failed to operate her vehicle in a safe and prudent manner; (c) Failed to yield the right of way pursuant to 75 Pa,C.S.A. !i 3324 and other applicable statutes and/or law; 5 (d) Failed to determine and ensure that she could make her left turn with safety; (e) Failed to properly and adequately determine that she could make her left turn with safety once she was waived on by another motorist; (f) Failed to have her vehicle under proper and adequate control. 32. Consequently, Plaintiffs' claims are barred. WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and that judgment be entered in her favor and against the Plaintiffs, plus cost of this action, p By: ichard B. Druby Attorney LD. # 61 840 E. Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 Fax: 717-533-5717 Attorneys for Defendant Date: th/~~ { , 6 ---- VERIFICATION I, Marisa Zizzi, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief, 1 understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 94904 relating to unsworn falsification to authorities. Date: 6/21/05 111~~~ Marisa Zizzi CERTIFICATE OF SERVICE I, Richard 8, Druby, of the law firm of Nestico, Druby & Hildabrand, LLP, hereby certify that on the 2\ s[ day of June 2005, a copy of the foregoing document was sent via First Class U.S, Mail, postage paid, to the following: DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.c. Attorneys for Plaintiffs 4503 N. Front Street Harrisburg, P A 17110 8 n !"--..) 0 C_" s-;; c:.::> -n c.n ~ .. <.- l"[' .,.., C:.:: nl r """.;..... -D ;-n N =.U 9 "-'-'j () '''t '--I - -C,l :--; 2~} '~l 1"1'1 ~; (....) :-::, ~ r":) :D -< w -< ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrishurg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintifl\s) E-mail: dlutz@angino~rovner.com JENNIFER YORE and MARK YOHE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. CIVIL ACTION - LAW NO. 05-1341 Civil Term MARISA ZIZZI, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 23. through 32. All of the allegations contained in the Defendant's New Matter, paragraphs 23 through 32, are conclusions of law to which no response is necessary. All of the factual allegations contained in the Plaintiffs' Complaint are in,:orporated herein by reference. 303698 WHEREFORE. the Defendant's New Matter should b<~ dismissed. ANGINO & ROVNER, p.e. Date: ~ ft 'D<: ~~utz J.D. No. 35956 4503 N. Front Street Harrisburl~, P A 1711 0 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 303698 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard Druby, Esquire 840 East Chocolate Avenue Hershey, P A 17033 Attorney for Defendant Dated: /' Vi.f /n'<, (y /0 b v ~i~ ' d 303698 (") ~ ~ ~ ~:~ ~ ~-" ...\".)t":l rnfi'l 'in ""'YO-("" ~ ~-.- "" ~% 21 N ({J.F: "" l:) -.....".. ~~ ~r~:; -<1 ~:~~:, :;)!l'. p-C r:-? ~ z ~ ~ - rJ\ .< - II " II II I ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintill{s) E-mail: dlutz@angino-rovner.com JENNIFER YOHE and MARK YOHE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. 05-1341 Civil Term MARISA ZIZZI, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009,21 Plaintiffs intend 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 no objection is made the subpoena may be served. ANGINO & ROVNER, P.C. --- Date: I'" \~..-~ ~ David 1. Lutz LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 305176 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer Y ohe and Mark Y ohe Plaintiffls versus : No. 05-1341 Civil Term Marisa Zizzi Defendantls SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Police Department 53 West South Street Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all photographs in your possession concerning incident number 20030400130; crash number F0002137; date of accident: 4-3-03; investigating officer was David Fones at Angino & Rovner, P.C., 4503 N. Front St., Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Telephone: Supreme Court ID #: Attorney for: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PAl 711 0 (717) 238-6791 35956 Plaintiffs Name: Address: BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Return of Service: On the served day of ~_,I) , with the foregoing subpoena (name of person served) by: (Describe method of Service) I verify that the statements in the Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: (Signature) CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard Druby, Esquire 840 East Chocolate Avenue Hershey,PA 17033 Attorney for Defendant --- Dated: '7~ \1"- U) 305J76 n ~~; r-' ('"':;-:":> .....,:;> <." t_ c:~ o ~n ::;1 N c.:> ~1 r:--? Cl L) - 'Ii ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Frunt Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238.5610 Attorneys for Plaintit1{s) E-mail: dlutz@angino-rovner.com JENNIFER YOHE and MARK YOHE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. 05-1341 Civil Term MARISA ZIZZI, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REOUEST FOR ADMISSIONS TO DEFENDANT - SET NO.1 To: Defendant Marisa Zizzi, by and through her attorney, Richard Druby Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the adrnission(s) requested herein: 1. Do you admit that on April 3, 2003, you were involved in a motor vehicle accident on Route II? Admit Deny _ 305081 2. Do you admit that before the subject motor vehicle accident, you were traveling north on Route 11, on your way to school at the Carlisle High School? Admit Deny _ 3. Do you admit that before the motor vehicle accident, you were operating a black 200 1 Volkswagen Passat sitting a line of traffic at the red traffic light at the intersection of Route 11 and Route 465? Admit Deny _ 4. Do you admit that after the traffic light turned green, you moved your Volkswagen from the northbound lane of Route 11 and crossed the double yellow lines? Admit Deny _ 5. Do you admit that on April 4, 2003, the day after the subject motor vehicle accident, you were asked questions about the accident and provided a statement on the telephone? Admit Deny __ 305081 6. Do you admit that in response to a question asked the day after the motor vehicle accident, you responded: "But because I was in like the dead space, it was . . . I guess it was my fault."? Admit Deny _ /' Date: ( ~ \ q rt\ ANGINO & ROVNER, P.C. ~L"" J.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 30508J CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard Druby, Esquire 840 East Chocolate Avenue Hershey, P A 17033 Attorney for Defendant / Dated: 7 / \ q ---\:l) ~. 305081 n f~ , r-' C:'~ ,~~ {~..."\ (.- e 1 t...') o ::~~ f0 (,.~ (.,...,~ ',''::2 ". Jennifer Yo he and Mark Yohe, Plaintiffs IN THE COURT OF CmlMON PLe;AS OF CL~IBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1341 CIVIL x3e Marisa Zizzi, Defendant RULE 1312-1. The Petition for Appointment of AI'bitrators shall be substantially in the following form: PETIT-!ON FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esq. , counsel for the plaintiff/RK~RR in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or acticlns) is (arej at issue. The claim of the plaintiff in the ac:cion is $ unliquidated The counterclaim of the defendant in the action is damages The following attorneys are interested in the wise disqualified to sit as arbitrators: and Richard Druby, Esquire case(s) as counselor are ocher- David L. Lutz, EsqUire WHEREFORE, your petitioner prays your Honorable Courc co appoint three (3) arbitrators co whom the case shall be submitted. cc Richard Druby, Esq. ~IY submitted, a . Lutz, Esq. ORDER OF COURT AND NOW, I 19._, in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. p \ - (I- -::t ~ '--...::( \-) ~ 15"- <1\ ~ r-- -{,c; - - '0. c- o V r- ~ "--'--.. ..-'! ~ ~ :=t ~ <;. "..~ ~ :?,o 7'.:;;,',:'.';;- ~ r:~\~J, toP "4;- :b {T, .-.:l ':l~ c: , -:s;. ':2- -~".i.... c...J ~ <:;.0. 0 ':z. ':3. oJ:> Jennifer Yohe and Mark Yohe, Plaintiffs vs. IN THE COURT OF CO~IMON PLe;AS OF CmlBERLAND COUNTY, PENNSYLVANIA Marisa Zizzi, NO. 05-1341 CIVIL xJe Defendant RULE 13l2-1. The Petition for Appointment of Arbitrators shall be substant~ally in the following form; PETI7ION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esq. the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (Ot actions) is (arei at issue. The claim of the plaintiff in the action is $ unliquidated The countercla~ of the defendant in the action is , counsel for the plaintiff/RK~>>R in damages The following attorneys are interested in the case(s) as counselor nre other- wise disqualified to sit as arbitrators: David L. Lutz. Esquire and Richard Druby, Esquire WHEREFORE, your petit~oner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. cc Richard Druby, Esq. ~y subr.dtted, a . Lutz, Esq. ORDER OF COURT AND NOW, 4v Vlkd' o(J , 1-9~()J: in t1. ' foregoing petition, ~'~~~~ Esq., and ~ ,Esq., are appointed arbitrators in the consideration of the ( Esq., &~~ ~~~ above-captioned action (or action as prayed for. By the Cour , P. J. ( ,-0 (:"': 10 \-) --{,q ?( C"> i .......... t;.::o:. '7'- t ~ '"J '0. \;::: ., , J .-c- D \~?.~~'c_ _....-..~ .::;;:'- ~ C> \,.J-."'" .......... .{~)~L_ '_.n ~ Cf") r-' C,'.. c--.l '~~~~l cD ~ --:c V :,J.-::.L- :;;l ~ f' P-- \""- J.' - '6 C;::'J ~ '-........:l t: t-- '..J....... o ~~~ ... ';::? '3- ~ G') r'" v:> /;.;;; .::.'~ ~5 B1A , ~,~1_..)t7,(l'; Cf-, q, ..-\ ~-r! \l1~ -..,rn -l:JU !,-).{~) -::';'lj:'~ ':~2t.~ Of\" ~ ~ '':'< -0 :::; '-:? o \9 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 05-1341 CIVIL TERM CIVIL ACTION - LAW JENNIFER YOHE and MARK YOHE MARISA ZIZZI IN RE: ARBITRATION ORDER OF COURT AND NOW, December 14,2005, the Court having been informed that the above case has been settled prior to hearing, the Board of Arbitrators previously appointed is hereby vacated, and Murrel R. Walters III, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, Ge P.J. Murrell R. Walters III, Esquir~1 54 East Main Street ~ ('1\i',\,,A I?' _15 '0') Mechanicsburg, PA 17055-385) Court Administrator ~ ANGINO & ROVNER, P.c. David L. Lutz, Esquire Attorney m#: 35956 4503 North Front Street Harrisburg, PA 17110.1708 (717) 238.6791 FAX (717)238-5610 Attorneys for Plaintims) E-mail: dlutz@angino-rovner.com JENNIFER YOHE and MARK YOHE, Plaintiffs v. MARISA ZIZZI, Defendant To: Prothonotary of Cumberland County: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 05-1341 Civil Term JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, satisfied, and discontinued. Date: Lt- \ \ . ()\(J I 296233 ER,P.C. Q.(L.. avid L. Lutz J.D. No. 35956 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard Druby, Esquire 840 East Chocolate Avenue Hershey, PA 17033 Attorney for Defendant Dated: I), i ~-- Ow '\ 1 , I 296233 -~,