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Home My WebLink About05-3565WILSON E. HERSCH and d LILY S. HERSCHER, his wife, Plaintiffs V. NICHOLAS M. JACOBY, Defendant IN THE COURT OF COMMON PLEAS OF a CUMBERLAND COUNTY, PENNSYLVANIA 2005- CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: lease issue a Writ Of Summons against the defendant, appearance on behalf of the Plaintiffs, Wilson E. Herscher and Lily SNHersher Please direcctt to Sheriff toeservve the defendant as follows: Nicholas M. Jacoby 478A Knoxlyn-Ortana Road Gettysburg, PA 17325 Respectfully submitted, IRWIN & By: t/ Marcus A -gh , I, Esquire 60 t Pomfret street, arlisle, PA 17013 July 14, 2005 (7 ) 249-2353 Supreme ourt I.D. No: 25476 To: NICHOLAS M. JACOBY You are hereby notified that Wilson E. Herscher, and Lily S. Herscher, plaintiffs, have commenced an action against you which you are required to defend or a ddeffa?ultjudgment may be entered against you. PROTH OTARY A e , f r By: //'?( Date: t' . , 2005 DEPUTY i G F ? ^ t . U? WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs V. NICHOLAS M. JACOBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-3565 CIVIL ACTION - LAW TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT Please issue a Rule directed to Plaintiffs to file a Complaint in the above-captioned matter within twenty (20) days of service or suffer judgment Non Pros. Respectfully submitted, By. Edwin A.D. Schw , Es uire RULE AND NOW, this . /S4, day of , 2005, upon consideration of Defendant's Praecipe For Rule To File A Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this fft day of 1200 5. t1h Cu ong, I' n ary _ T - 71 C-r, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERSCHER WILSON ET AL VS JACOBY NICHOLAS M 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: JACOBY NICHOLAS M but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On July 21st , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Cc 22.42 Postage .74 60.16 07/21/2005 MARCUS MCKNIGHT So answers------- R. Thomas Kline '-- Sheriff of Cumberland County Sworn and subscribed to before me this d4`f day of? .2opy A.D/.? .r (?' ?? DJQe.,? 2 Prothonotary ' ' In The Court of Common Pleas of Cumberland County, Pennsylvania Wilson E. Herscher et al vs. Nicholas M. Jacoby No. 05-3565 civil Now, July 15, 2005 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, July 18 within Writ of Summons in Civil Action 2005 , at 5:08 o'clock p. M. served the upon Nicbolas M. Jacoby at 478A Knoxlyn-Orrtanna Road, Gettysburg, FA 17325 by handing to John M. Jacoby, adult in cbarge of residence at time of service a true and attested copy of the original writ of Simmnnns and made known to Jobn M. Jacoby the contents thereof. Sworn and subscribed before me this ^ day of N/A 20 So swers, Ue ben eriff of Adams County, PA COSTS SERVICE $ 18.00 MILEAGE 4.42 AFFIDAVIT $ 22.42 Pd. 7/19/0.5 R'X WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs NICHOLAS M. JACOBY, To: Wilson E. Herscher and Lily S. Herscher c/o Marcus McKnight, Esquire Irwin & McKnight 6C Wast Pcrnfret Street Carlisle, PA 17013 Date of Notice: October 20, 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-3565 CIVIL ACTION - LAW JURY TRIAL DE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P.O. Box 186 Harrisburg, Pennsylvania 17108 (800) 692-7375 Edwin A.D. Schw Attorney I.D. #75902' Lauren G. Marshall, Attorney I.D. #92412 Esquire 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Important Notice upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiffs) McKissock & Hof C. By: Edwin A. D. Sch z, quire I.D. No.: 75902 Lauren G. Marshall, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: 166 Attorneys for Defendant, Nicholas Jacoby '? ;,'? , _, ?- WILSON E. HERSCHER and LILY S. IN THE COURT OF COMMON PLEAS HERSCHER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2005-3565 V. CIVIL ACTION - LAW NICHOLAS M. JACOBY, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Wilson E. Herscher and Lily S. Herscher c/o Marcus McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER AND NEW MATTER OF DEFENDANT NICHOLAS M. JACOBY TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Nicholas M. Jacoby, by and through his attorneys, McKissock & Hoffman, P.C., and files the following Answer and New Matter to Plaintiffs' Complaint, and in support thereof avers as follows: 1. After reasonable investigation, Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 1 of Plaintiffs' Complaint, and therefore, the same averments are denied. 2. Admitted. 3. After reasonable investigation, Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 3 of Plaintiffs' Complaint, and therefore, the same averments are denied. 4. Admitted in part, denied in part. It is admitted that on July 26, 2003, at approximately 2:30 p.m., Defendant Nicholas Jacoby was driving a green 1998 Chevrolet truck. It is specifically denied that Mr. Jacoby struck Plaintiff, Wilson E. Herscher, and it is further denied that Mr. Herscher was thrown over the hood of the vehicle and onto the ground. Strict proof of these averments is demanded at time of trial. By way of further response, after reasonable investigation, Defendant is without sufficient knowledge and information to form a belief as to whether Mr. Herscher was acting in the course of his work directing traffic at the time of the incident. As such, the remaining averments in Paragraph 4 of Plaintiffs' Complaint are denied. 5. Denied. After reasonable investigation, Defendant is unable to form a belief as to Plaintiff Wilson E. Herscher's intentions at the time of the accident, and as such, the averments in Paragraph 5 of Plaintiffs' Complaint are denied. By way of further response, it is specifically denied that Defendant did not obey any signal to stop his vehicle. Furthermore, it is specifically denied that Defendant struck Mr. Herscher. 6. Admitted in part, denied in part. It is specifically denied that the Mr. Herscher was lying on the ground as the Defendant proceeded on East High Street. Moreover, it is specifically denied that Defendant was stopped by Plaintiff's partner. The remaining averments in Paragraph 6 of Plaintiffs' Complaint are admitted. 7. Admitted. 8. Denied. It is specifically denied that Defendant was traveling in an unsafe manner. By way of further response, any allegation as to the "cause" of the accident and alleged injuries sustained by Mr. Herscher constitute conclusions of law to which no response is required. To the extent a response is required, the same averments are denied. 2 9. Denied. It is specifically denied that the Defendant was operating his vehicle in an inattentive manner. By way of further response, any allegation as to the "cause" of the subject collision constitutes a conclusion of law to which no response is required. To the extent a response is required, the same averments are denied. 10. Paragraph 10, including all subparts, contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 11. Paragraph 11 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 12. Paragraph 12 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 13. Paragraph 13 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 14. After reasonable investigation, Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 14 of Plaintiffs' Complaint, and therefore, the same averments are denied. 15. After reasonable investigation, Defendant is without sufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 15 of Plaintiffs' Complaint, and therefore, the same averments are denied. 16. Paragraph 16 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 3 17. Paragraph 17 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 18. Paragraph 18 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. 19. Paragraph 19 contains conclusions of law to which no response is required. To the extent a response is required, the same averments are denied, and strict proof thereof is demanded at time of trial. WHEREFORE, Defendant Nicholas M. Jacoby respectfully requests this Honorable Court to enter an Order to enter judgment in his favor and against Plaintiff, and further grant Defendant all such relief as is just and proper. NEW MATTER 20. Paragraphs 1 through 19 are hereby incorporated by reference as though more fully set forth herein. 21. To the extent that facts developed through the course of discovery may implicate, Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Responsibility Law. 22. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' injuries and losses, if any, were caused by persons or events outside the control for the Defendant. 23. To the extent that facts develop during the course of discovery may implicate, Plaintiffs are barred by the Doctrine of Latches and/or Unclean Hands from the relief requested. 4 24. To the extent that facts developed during the course of discovery may implicate, Plaintiffs' claims are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §4102. 25. To the extent that facts developed during the course of discovery may implicate, Plaintiff Wilson E. Herscher was contributorily negligent and/or assumed the risk of injury. 26. The negligent acts and/or omissions of other individuals and/or other entities constitute an intervening or superseding cause of the injuries alleged to have been sustained by Plaintiffs. 27. The Plaintiffs' alleged injuries were caused by the alleged acts and/or omissions of a person or persons other than Defendant. 28. Defendant operated his vehicle in such as manner as to comply with all pertinent provisions of the Pennsylvania Motor Vehicle Code and in a non-negligent and responsible manner at all time relative to the incident giving rise to Plaintiffs' Complaint. Respectfully submitted, McKissock & Hoffman, P.C By Edwin A.D. Schwartz, Esquire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: U ?5 Attorneys for Defendant, Nicholas Jacoby 5 VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Lauren M. Burnette, Esquire, states that she is the attorney for the party filing the Answer and New Matter to Plaintiff's Complaint; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge and information upon which to make a verification and/or because she had greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. AW Av Lauren M. Burnette, Esquire Attorney for Defendant Nicholas M. Jacoby DATE: I I 118105 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiffs) McKissock & Hoffman, P.C By: WYE/ Edwin A.D. Schwartz, Esquire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: I? 05 Attorneys for Defendant, Nicholas Jacoby 6 ?..o ? " .1 _( r? :?, . ; :'? `:-. HERSCHER and LILY HERSCHER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-3565 V. NICHOLAS M. JACOBY, CIVIL ACTION - LAW TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for the Verification of Lauren M. Burnette, Esquire, attached to the Answer And New Matter Of Defendant Nicholas M. Jacoby to Plaintiffs' Complaint filed in the above captioned matter on November 18, 2005. Respectfully submitted, McKissock & Hoffman, P.C. By: wtr-? Edwin A.D. Schwartz, Esquire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: I / 01 Attorneys for Defendant, Nicholas Jacoby VERIFICATION I, Nicholas M. Jacoby, hereby verify that the statements in Defendant's Answer and New Matter are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. IKlicholas M. Ja Dated: 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe to Substitute Verification upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Marais A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiffs) McKissock & Hoffman, P.C Dated: OaU By:? VAUH&J Edwin A.D. Schwartz, Esquire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Nicholas Jacoby ,-, ?? 3 l7 Ci ? i7 "`? ??..i l.? !L_ , r ? f :J 4J ? Edwin A.D. Schwartz, Esquire Supreme Court I.D. #75902 Lauren M. Burnette, Esquire Supreme Court I.D. #92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Telephone: (717) 5400-3400 Attorneys For Defendant WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs V. NICHOLAS M. JACOBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-3565 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT NICHOLAS M. JACOBY'S MOTION TO COMPEL AND NOW comes Defendant, Nicholas M. Jacoby, by and through his attorneys, McKissock & Hoffman, P.C., and respectfully files the instant Motion to Compel, and in support thereof provides the following: 1. The instant matter arises from a motor vehicle accident which occurred on July 26, 2003. According to Plaintiff's Complaint, Plaintiff was struck by Defendant's vehicle while Plaintiff was directing traffic as afire police officer. As a result of the accident, Plaintiff alleges to have sustained significant personal injury. 2. On or about July 6, 2006, counsel for Defendant forwarded correspondence to Plaintiff's counsel enclosing authorizations for the release of Plaintiff's employment records from Carolina Freight Carriers, Inc.; medical records from Johns Hopkins Hospital; and insurance records from GEICO Insurance Company. A copy of defense counsel's July 6, 2006 correspondence is attached hereto as Exhibit "A". 2 3. Plaintiff failed to return executed authorizations for the release of his records, and failed to otherwise respond to counsel's July 6, 2006 correspondence. 4. Thereafter, counsel for Defendant contacted Plaintiff's counsel via telephone to inquire as to the status of Plaintiff's authorizations. Counsel for Defendant was informed that Plaintiff's counsel would check on the status of said authorizations, and would subsequently contact defense counsel to advise as to when the authorizations would be returned. Counsel for Defendant received no subsequent contact from Plaintiff's counsel, nor were Plaintiff's authorizations provided to Defendant. 5. On September 15, 2006, in an effort to avoid the necessity of court intervention, counsel for Defendant again forwarded correspondence to Plaintiff's counsel requesting that Plaintiff's authorizations be executed and returned so Plaintiff's records could be subpoenaed. Counsel for Defendant requested that said authorizations be returned no later than October 2, 2006, almost three (3) months after the authorizations were provided to Plaintiff's counsel. A copy of defense counsel's September 14, 2006 correspondence is attached hereto as Exhibit "BY). 6. Subsequently, counsel for Plaintiff forwarded correspondence to defense counsel wherein a demand for settlement was made. Plaintiff's correspondence contained no reference to the outstanding authorizations. Counsel for Defendant responded on September 18, 2006 and reiterated that because Plaintiff had yet to provide Defendant with the requested authorizations, Defendant was unable to adequately review Plaintiff's claims and respond to his settlement demand. A copy of defense counsel's September 18, 2006 correspondence is attached hereto as Exhibit "C". 7. Notwithstanding counsel's repeated requests that Plaintiff provide executed authorizations, Defendant has yet to receive Plaintiff's executed authorizations. 8. Defendant is unable to conduct a thorough and complete evaluation of Plaintiffs' claims in the absence of the records for which authorizations were requested, and as a result of 3 Plaintiffs' continued failure or refusal to provide said authorizations, discovery has become unnecessarily protracted. 9. Counsel for Defendant hereby certifies that, by repeatedly contacting counsel for Plaintiffs both by correspondence and by telephone, an effort was undertaken to seek Plaintiffs' concurrence in the relief requested, but no such concurrence has been granted. WHEREFORE, Defendant Nicholas M. Jacoby respectfully requests that this Honorable Court enter an Order granting Defendant's Motion to Compel, and further Ordering that Plaintiffs provide Defendant with executed authorizations for the release of his records from Carolina Freight Carriers, Inc., Johns Hopkins Hospital, and GEICO Insurance Company within twenty (20) days of the date of said Order, or be subject to further sanctions pursuant to Pa.R.C.P. 4019 upon further Motion. Respectfully submitted, cKissock & Hoffman, P.C. By: Edwin A.D. Schwartz, Esquire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: 0 Attorneys for Defendant, Nicholas Jacoby 4 A MCKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION MELISA WARNER PARALEGAL Direct Dial 7171540-3400 Ext 28 mwa=r®mcldnEcom ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 PHONE: (717) 540-3400 FAX: (717) 540-3434 W W W.MCM0F.COM 1818 MARKET STREET SUITE 1300 PHILADELPHIA, PA 19103 (215) 2462100 FAX: (215) 2462144 16 NORTH FRANKLIN STREET SUITE 300 DOYLESTOWN, PA 18901 (215)3454501 FAX: (215) 3454503 25 CHESTNUT STREET SUITE 108 HADDONF IELD, NJ 08133 (856)429-7200 FAX: (856) 4294)099 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Re: Herscher v. Jacoby CCP: Cumberland County Docket No.: 2005-3565 Our File No.: 8350-167 Dear Mr. McKnight: Enclosed are the following: 105 E. EVANS STREET, SUITE D P.O. BOX 3086 WEST CHESTER, PA 19381 (610) 738-8850 FAX: (610) 738-9121 1. An authorization for employment records from Carolina Freight Carriers, Inc; 2. An authorization for medical records from Johns Hopkins Hospital; and 3. A HIPAA Compliant Authorization.for insurance records from Geico General Insurance Company. We would greatly appreciate it if you would forward the enclosed authorizations for your client's signature and return the completed forms to our office in a timely manner. If you have any questions or concerns, please do not hesitate to contact our office. We appreciate your cooperation in this matter. Very truly yours, 11thiS. Warner Paralegal to? Edwin A. D. Schwartz, Esquire McKissock & Hoffman, P.C. July 6, 2006 /msw Enclosure MCKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION LAUREN M. BURNETTE Direct Dial 717/540-3400 Ext 26 lburnettc@urAdiof.com Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 PHONE: (717) 540-3400 FAX: (717) 540-3434 W W W. WMOF.MM September 15, 2006 Re: Herscher v. Jacoby CCP: Cumberland County Docket No.: 2005-3565 Our File No.: 8350-167 Dear Mr. McKnight: 1818 MARKET STREET . 13TH FLOOR PHILADLEPHIA,PA 19103 (215) 246-2100 FAX: (215) 246-2144 16 NORTH FRANKLIN STREET SUITE 300 DOYLESTOWN, PA 18901 (215) 3454501 FAX: (215) 345-4503 25 CHESTNUT STREET SUITE 108 HADDONFIELD, NI 08133 (856) 429-7200 FAX: (856) 429-0099 105 E. EV ANS STREET, SUITE D P.O. BOX 3086 WEST CHESTER, PA 19381 (610) 738-8850 FAX: (610) 738-9121 On July 6, 2006 my paralegal forwarded to your attention certain authorizations for the release of your client's employment records from Carolina Freight Carriers, Inc.; medical records from Johns Hopkins Hospital; and insurance records from GEICO Insurance Company. After receiving no response from your office, my paralegal subsequently contacted your secretary, who indicated that she would check on the status of these authorizations and advise us as to the same. To date, we have received no further contact from your office, nor have we received any executed authorizations. In an effort to move this matter forward and to prevent discovery from becoming unnecessarily protracted, I would again request that you provide us with your client's authorizations for the release of these records no later than October 2, 2006. I would much prefer to avoid court intervention for such a simple matter. I look forward to hearing from you shortly. Very truly yours, PAN Lauren M. Burnette, Esquire McKissock & Hoffman, P.C. LMB:mjh C MCKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION LAUREN M. BURNETTE Direct Dial 717/540.3400 Ext 26 lburnette0mckhofcom Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 PHONE: ;7171.540-3400 FAX: (717) 540-3434 W W W MCKHOF.COM September 18, 2006 Re: Herscher v. Jacoby CCP: Cumberland County Docket No.: 2005-3565 Our File No.: 8350-167 Dear Mr. McKnight: 1818 MARKET STREET I3 "FLOOR . PH LADLEPHIA, PA 19103 (215) 246-21W FAX: (215) 246-2144 16 NORTH FRANKLIN STREET Sum Soo DOYLESTOWN, PA 18901 (215) 345-4501 FAX. (215) 345-4503 25 CHESTNUT STREET SUITE 108 HADDONFIEID, NJ 08133 (856) 429-7200 FAX: (856) 429-0099 105 E. EVANS STREET. SUITE D P.O. BOX 3086 WEST CHESTER. PA 19381. (610) 738-8850 FAX: (610) 738-9121 Receipt of your September 15, 2006 correspondence is acknowledged, and I thank you for the same. I am not in a position to consider your client's settlement demand at this time, nor to recommend a counter-offer, as- I am still waiting for your client's authorizations for a number of records which hamremained-ou-tst-anding-since-July-2006-I-cannot-conduct-a-pr-oper--review-of - the merits of your clients' claims in the absence of these records. Additionally, I would note that notwithstanding your representation that you reviewed the depositions of the parties, I would note that neither your clients nor mine has been deposed in this matter, and,as such, I am similarly unable to recommend a counter-offer in the absence of such testimony. I look fbiward to receiving your. client's executed authorizations for his remaining outstanding records, and will contact-your office--regarding- the - scheduling. of your client's - - deposition upon..; our receipt of his records. If you have any questions or concerns in the meantime, please feel free to contact me. Very truly yours, . Lauren M. Burnette, Esquire McKissock & Hoffman, P.C. LMB:mjh CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to Compel upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiffs) Dated: U 2 btv jcKijssock & Hoffman, P.C. By: Edwin A.D. Schwartz, Esquire I.D. No.: 75902 Lauren M. Burnette, Esquire I . D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Nicholas Jacoby 5 i r--=? ?_ ''' "? ?"s•?f i 1 ?.= t. WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs vs. NICHOLAS M. JACOBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3565 CIVIL : JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this day of October, 2006, a brief argument on the defendant's motion to compel is set for Friday, November 17, 2006, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, arcus McKnight, III, Esquire For the Plaintiffs Xauren M. Burnette, Esquire For the Defendant Am t,1^` 0 .-71. 0-1 A iuez ! - I''_. WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs vs. NICHOLAS M. JACOBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3565 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this j 1, day of October, 2006, at the request of counsel for the plaintiffs and with the concurrence of counsel for the defendant, argument on the defendant's motion to compel set for November 17, 2006, is continued to Friday, December 8, 2006, at 2:30 p.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. 44arcus McKnight, III, Esquire For the Plaintiffs ?fauren M. Burnette, Esquirc For the Defendant rlm 91 :1 W 61 1.00 9001 MVIO NIOIH X' 3Ni Jo r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs, CIVIL DIVISION NO. 2005-3565 V. NICHOLAS M. JACOBY, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15777 i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILSON E. HERSCHER and CIVIL DIVISION LILY S. HERSCHER, his wife, Plaintiffs, NO. 2005-3565 (Jury Trial Demanded) V. NICHOLAS M. JACOBY, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Nicholas M. Jacoby, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & )SKEEL, L.L.P. By: Bauch, Esquire for Defendant r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3RD day of October, 2007. Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 (Attorney for Plaintiff) Edwin A. D. Schwartz, Esquire Lauren M. Burnette, Esquire McKissock & Hoffman 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire ounsel for Defendant -" -TI C"I t? g ? i 7 Sv 'rte 4 Edwin A.D. Schwartz, Esquire Supreme Court I.D. #75902 Lauren M. Burnette, Esquire Supreme Court I.D. #92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Telephone: (717) 5400-3400 Attorneys For Defendant WILSON E. HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs ra G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-3565 V. NICHOLAS M. JACOBY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE Kindly withdraw our appearance on behalf of Defendant, Nicholas Jacoby, in the above captioned matter. Respectfully submitted, McKissock & Hoffman, P.C. By:_ cz-f Edwin A.D. Sc squire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: z 8 SEO,1 zooms Attorneys for Defendant, Nicholas Jacoby 4 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Withdrawal of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiffs) McKissock & Hoffman, P.C. By:. Edwin A.D. Schwart , uire I.D. No.: 75902 Lauren M. Burnette, Esquire I.D. No.: 92412 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: Z 9- ,S?7l Zoc7 Attorneys for Defendant, Nicholas Jacoby ?? -- <:.7 _ , .? r -i ( -.:-a c.a . - ?? . ? i ?? ? ? ?_ ?'` `X7 .a-° ..,` C WILSON HERSCHER and LILY S. HERSCHER, his wife, Plaintiffs V. NICHOLAS M. JACOBY Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3565 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued. Respectfully submitted, By: IRWIN & 60 West Pomfret Stre`e-r Carlisle, Pennsylvania 17013 (717) 249-2353 Date: July 31, 2008 I. WILSON gERSCHER and IN THE COURT OF COMMON PLEAS OF LILY S. HERSCHER, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-3565 CIVIL TERM NICHOLAS M. JACOBY CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: ERICK V. VIOLAGO, ESQUIRE SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 MUMMA ROAD LEMOYNE, PA 17043-1145 IRWIN & By: Marcus A. McKnight, 60 West Po fret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: July 31, 2008 r., ?- c? ? ? + - ..., ; ?? f 1) _ "..°) s ?1 1'?J xis