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HomeMy WebLinkAbout05-4707IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, 4696 Dolls Lane York, PA 17406 (York County) vs. File No. ?S - 4707 C t U 't_ SYLVAN R. GEHMAN Civil Action - Law 12 West Pine Street Ephrata, PA 17522 (Lancaster County) and LANDIS C. MARTIN 1245 Long Lane Road East Earl, PA 17519 (Lancaster County) PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff for service. Counsel for Plain ' s 96 South Geo Street Suite 430 York, P 17401 Date: Court ID Number: 35554 SUMMONS IN CIVIL ACTION TO: SYLVAN R. GEHMAN, 12 West Pine Street, Ephrata, PA 17522 LANDIS C. MARTIN, 1245 Long Lane Road, East Earl, PA 17519 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED am ACTION AGAINST YOU. Pr thonota Civ' ivision Date: BY Deputy c t!? G) f?? G "• on IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, 4696 Dolls Lane York, PA 17406 (York County) vs. SYLVAN R. GEHMAN 12 West Pine Street Ephrata, PA 17522 (Lancaster County) and LANDIS C. MARTIN 1245 Long Lane Road East Earl, PA 17519 (Lancaster County) File No. 05-4707 Civil Term Civil Action - Law PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Please re-issue the Writ of Summons in Trespass in the above case. Date: 160 /0?/a Q Gary D. Ma squire Counsel f laintiffs 96 So George Street, Suite 430 Yo PA 17401 (178)8 52-8379 Supreme Court ID Number: 35554 (?% IZI r`.I ?wvz -;1 -:(> Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs v. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants Sylvan R. Gehman and Landis R. Martin in the above- captioned action. DATE: /0 t'/ It /0- J N, DUFFIE, STEWART & WEIDNER By: % John A. Statler, Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin :260664 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the I I day of 6C °1Z1'h,0? 2005, addressed to the following: Gary D. Martz, Esquire Martz & Gailey 96 South George Street Suite 430 York, PA 17401 , DUFFIE, STEWART & WEIDNER By: Attorney I.D. NO.745 'D2 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin ?? c ?? .? C".'. .T. -Y? • _._?r i 4? 1. ?.?i_) ?.,, `^;. : ' c _ ..?? . .-^-. -: C ? t.:a -. (i 1 SHERIFF'S RETURN - OUT OF COUNTY J ? CASE NO: 2005-04707 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHILLOTT MICHAEL SR ET AL VS GEHMAN SYLVAN R ET AL 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: GEHMAN SYLVAN R but was unable to locate Him in his bailiwick deputized the sheriff of LANCASTER serve the within WRIT OF SUMMONS He therefore County, Pennsylvania, to On October 31st , 2005 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers: a - i Docketing 18.00 -" Out of County 9.00 Surcharge 10.00 R. Thomas Klin - Dep Lancaster Cc 122.46 Sheriff of Cumberland County Postage 1.11 1 V V J / 10/31/2005 MARTZ & GAILEY Sworn and subscribed to before me this d,,-A- day of??__. .Laos A.D. othon ar SHERIFF'S RETURN - OUT OF COUNTY A CASE NO: 2005-04707 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHILLOTT MICHAEL SR ET AL VS GEHMAN SYLVAN R ET AL R. Thomas K1 , 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 TIN LANDIS C but was unable to locate Him to wit: in his bailiwick deputized the sheriff of LANCASTER serve the within WRIT OF SUMMONS He therefore County, Pennsylvania, to on October 31st , 2005 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/31/2005 MARTZ & GAILEY Sworn and subscribed to before me this !.t4 day of)1-1 K So answers r. ? R. Thomas Kline Sheriff of Cumberland County ;;Zoa y? A . D Pr thonota `?/ 113410 IOF2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 J? f#61 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN Michael Shillott Sr et al PLEASE TYPE OR PRINT LEGIBLY. DO NOT DETACH ANY COPIES, 2 COURT NUMBER 05-4707 civil 3 N H -n - H H Z Sylvan R. Gelman et all Writ of SuTmns SERVE 5 NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED Landis C. Martin 6 ADDRESS (Street or RFD, Apartment No., City, Boro, Twp State and ZIP Code) AT 1245 Long Lane Road East Earl, PA 17519 7 INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER Now, et) 20 I, SHERIFF OF COUNTY, PA., doh e?buAeputize the Sheriff of TanractPr County to execute this d W d F" return t ergo Ing to law. This deputation being made at the request and risk of the plaintiff. CuTberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 0. TELEPHONE NUMBER 11 DATE GARY MARTZ 1RS9-RV 70 0 /. /nn AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) IMARTZ & GAILEY .7rAlrc o=LVYY rV17 UAC yr Ancrxrr vii - trv vivo inv Rl l zz OC{.y11 I nta s.anc 13.1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 E apuahon/Hearin9 date or complaint as indicated above. (JACQUELINE MICCICHE 717-299-8200 ALW 9/15/05 10/11/05 16. 1 hereby CERTIFY and RETURN that I ave personally served, 3 have legal evidence of service as shown in "Remarks", 7 have executed as shown in 'Remarks the writ or complaint described on the individual, company, corporation. etc., at the address shown above or on the individual ,company .cor- poration, etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 71 hereby certify and return a NOT FOUND because I am unable to locale the individual, company, corporation. etc., named above (See remarks below) 18 Name and tine of individual served (it not shown above) (Relationship to Defendant) 19. UNo Servve I See Remarks Be. (No. 30) 20. Address of where served lcom plete only if it lfferent than sh own above) (Street or RFD, A partme of N o City, Boro. Twp 21 Date of Service 22 Time _ Slate and Zip Code) ` p- l EOST 23. ATTEMPTS DA Miles De Int D to Milss Dsp Int. Dste Milos Dep. Int. Dste Mi les De p. Int. Date Miles Dep. Int. 24. Advance Costs 25 Service Costs 26 Notary Cert 27 Mileage/Postage/N. F. 28 Total Costs 29. COST DUE OR REFUND (ti 3w 150.00 47.50 t Z 30. REMARKS. ST A %,1i?ff T 2OF2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.U. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE QR PRINT L€GISLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN lbo NOT OttACH ANY COPIES. H PLAINTIFF/S/ 2 COURT NUMBER Ti .SHILLOTT SR 05-4707 SYLVAN R GEHMAN `WRIT OF SUMMONS SERVE 5 NAME OF INDIVIDUAL COMPANY CORPORATION, ETC, TO BE SERVED SYVAN R GEHMAN 6 ADDRESS (Street or RFD, Apartment No.. City, Bono. Twp., State and ZIP Code) AT 12 W PINE ST EPHRATA PA 17522 7 INDICATE UNUSUAL SERVICE: ? DEPUTIZE U OTHER _ Now, 20 , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SNEnar On 4.NOx5*Ea COUNTY II INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE AS PER LT MONTANEZ THIS IS TO HE PRIORTY! NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof 9. SIGNATURE of ATTORNEY of other ORIGINATOR 1 1 10. TELEPHONE NUMBER 11 DATE 10/7/05 area must be completed if notice is to be MARTZ & GAILEY 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date or complaint as Indicated above.I JACQUELINE MICCICHE 717-299-8200 ALW0/12/0 11/7/05 16 1 hereby CERTIFY and RETURN that 10 have personally served have legal evidence of service as shown in "Remarks', I I have executed as shown in Remarks". the writ or complaint described on the individual, company, corporation, etc_ at the address shown above or on the individual, company, COT. poration. etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relation hip to Cie Fiala 0 19. IJ No Srewee Sh:. l? Y i l^? Ur ??-i • 1 e Sea Remarks Be.(No 301 20 Addressotwhere served complete only if different than shownabove) (Street or RFD, Apartment No. City, Boro.Twp emce 21 Date of s 22 Time State and Zip Code) ; o /3 LOST tj l 23. ATTEMPTS DaN Milas Dep. Int. D• Miles Dep. Int. Da a Miles Dep. Int. Date Miles Dep. Int. Date Milas Dap. Int. 10/7 6 ! G IGJf7 Z62 24. Advance Costs 25. Service osts 26. Notary Cert . 27. Mileage/Postage/N. F. 26 Total Costs 29. COST DUE OR REFUND Zl 30. REMARKS. S T A .. 31. AFFIRMED and subscribes to this GSA C,it- 5boz 34. day of 20 [,1J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded "ISO Usted Ha Sido Demandado en la corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualiquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded PLAINTIFFS' COMPLAINT 1. Plaintiffs Michael Shillott, Sr. and Diane Shillott are married adult individuals residing at 4696 Dolls Lane, York, York County, Pennsylvania 17406. 2. Defendant Sylvan R. Gehman is an adult individual residing at 12 West Pine Street, Ephrata, Lancaster County, Pennsylvania 17522. 3. Defendant Landis C. Martin is an adult individual residing at 1245 Long Lane Road, East Earl, Lancaster County, Pennsylvania 17519. 4. On December 23, 2003 at or about 6.56 p.m., Plaintiff Michael Shillott, Sr. was the owner and operator of a 1996 Pontiac Grand Am with Pennsylvania Registration Number FN-571L who was stopped at the end of the entrance ramp of eastbound S.R. 581 at the intersection with southbound Interstate 83 and was waiting to safely merge from the entrance ramp of eastbound S.R. 581 onto southbound Interstate 83. 5. On December 23, 2003 at or about 6.56 p.m., Defendant Sylvan R. Gehman was operating a 1987 Peterbuilt truck owned by Defendant Landis C. Martin with Pennsylvania Registration Number AF01209 and was proceeding down the entrance ramp of eastbound S.R. 581 towards southbound Interstate 83. 6. On December 23, 2003 at or about 6:56 p.m. Defendant Sylvan R. Gehman negligently and carelessly allowed his vehicle to strike Plaintiff Michael Shillott, Sr.'s lawfully stopped vehicle in the rear, causing injuries and damages to Plaintiffs as hereinafter set forth. 7. Said accident and the resulting injuries and damages to Plaintiffs were caused solely by the negligence and carelessness of Defendants and were due in no manner whatsoever to any act or failure to act on the part of Plaintiffs. 8. Solely as a result of said accident and the negligence and carelessness of Defendants, Plaintiff Michael Shillott, Sr. has suffered severe personal injuries including, but not limited to, the following: injuries to his cervical and lumbar spines, including disc injuries of his cervical and lumbar spines, with associated symptoms. 9. Solely as a result of said accident and the negligence and carelessness of Defendants, Plaintiff Michael Shillott, Sr. has been forced to incur medical expenses in treatment of the injuries suffered by him in this accident, the sum of which medical expenses has exceeded the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and Plaintiff Michael Shillott, Sr. will or may continue to incur medical expenses in the future treatment of injuries suffered by him in this accident. 10. Solely as a result of said accident and the negligence and carelessness of Defendants, Plaintiff Michael Shillott, Sr. has suffered a loss of earnings and an impairment of his earning capacity; said loss of earnings and impairment of his earning capacity will or may exceed the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and Plaintiff Michael Shillott, Sr. will or may continue to incur a loss of earnings and an impairment of his earning capacity into the future. 11. As a further result of said accident and the negligence and carelessness of Defendants, Plaintiff Michael Shillott, Sr. has suffered and in the future will or may continue to suffer from mental and physical pain and suffering, a loss of enjoyment of life, scarring and disfigurement, embarrassment, humiliation, anxiety, and a limitation in his pursuit of daily activities, all to his great loss and detriment. 12. At the time of the subject accident Plaintiffs were covered by the full tort option on their motor vehicle insurance policy issued in accordance with the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. This matter is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. COUNT I - MICHAEL SHILLOTT, SR. v. SYLVAN R. GEHMAN 14. The allegations set forth in paragraph numbers one through thirteen (1 - 13) are incorporated herein by reference thereto. 15. The negligence and carelessness of Defendant Sylvan R. Gehman in the operation of his motor vehicle at the time of this accident consisted of, but is not limited to, the following: a) Failure to have his vehicle under proper control; b) Failure to keep a proper lookout for the presence of other motor vehicles on the roadway and surrounding traffic conditions; c) In continuing to operate his vehicle in a direction towards Plaintiff Michael Shillott, Sr.'s lawfully stopped motor vehicle when Defendant saw, or in the exercise of reasonable diligence should have seen, that further operation in that direction would result in a collision; d) Following Plaintiff Michael Shillott, Sr.'s vehicle too closely in violation of the provisions of the Pennsylvania Motor Vehicle Code found at 75 Pa.C.S.A. § 3310; e) Failure to operate his vehicle at such a speed and with such control that he could bring his vehicle to a stop within his assured clear distance ahead in violation of the provisions of the Pennsylvania Motor Vehicle Code found at 75 Pa.C.S.A. § 3361; f) Operating his vehicle with careless disregard for the rights and safety of other individuals lawfully proceeding on the roadway, including Plaintiff Michael Shillott, Sr., in violation of the provisions of the Pennsylvania Motor Vehicle Code found at 75 Pa.C.S.A. § 3714; g) Negligence and carelessness at law; and h) Being otherwise careless and negligent under the circumstances and as discovery may reveal. WHEREFORE, Plaintiff Michael Shillott, Sr. respectfully requests this Honorable Court to enter judgment against Defendant Sylvan R. Gehman in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. COUNT II - MICHAEL SHILLOTT. SR. v. LANDIS C. MARTIN 16. The allegations set forth in paragraph numbers one through fifteen (1 - 15) are incorporated herein by reference thereto. 17. At the time of the accident Defendant Sylvan R. Gehman was an employee, agent, and/or servant of Defendant Landis C. Martin and he was acting within the course and scope of his employment or agency at the time of the subject accident. 18. Defendant Landis C. Martin is vicariously liable for the negligence and carelessness of Defendant Sylvan R. Gehman in the course and scope of his employment and/or agency for Defendant Landis C. Martin, which negligence and carelessness caused the subject accident and Plaintiffs' injuries and damages. WHEREFORE, Plaintiff Michael Shillott, Sr. respectfully requests this Honorable Court to enter judgment against Defendant Landis C. Martin in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. COUNT III - DIANE SHILLOTT v. SYLVAN R. GEHMAN 19. The allegations set forth in paragraph numbers one through eighteen (1 - 18) are incorporated herein by reference thereto. 20. Solely as a result of said accident and the injuries suffered by Plaintiff Michael Shillott, Sr., Plaintiff Diane Shillott has been and in the future will or may be deprived of the assistance, companionship, society, affection, love, services, and consortium of her husband, Plaintiff Michael Shillott, Sr., all to her great loss and detriment. WHEREFORE, Plaintiff Diane Shillott respectfully requests this Honorable Court to enter judgment against Defendant Sylvan R. Gehman in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. COUNT IV - DIANE SHILLOTT v. LANDIS C. MARTIN 21. The allegations set forth in paragraph numbers one through eighteen (1 - 18) are incorporated herein by reference thereto. 22. Solely as a result of said accident and the injuries suffered by Plaintiff Michael Shillott, Sr., Plaintiff Diane Shillott has been and in the future will or may be deprived of the assistance, companionship, society, affection, love, services, and consortium of her husband, Plaintiff Michael Shillott, Sr., all to her great loss and detriment. WHEREFORE, Plaintiff Diane Shillott respectfully requests this Honorable Court to enter judgment against Defendant Landis C. Martin in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. Respectfully submitted, By: squire Cotiffs jut 96 So Street, Suite 430 GaY852-8379 Yor(71Supreme Court ID Number: 35554 IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. SYLVAN R. GEHMAN and LANDIS C MARTIN, Defendants No. 05-04707 Civil Term Jury Trial Demanded VERIFICATION We verify that the foregoing facts are true, upon our personal knowledge or information and belief. This verification is made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7 p 6 ??? ? Michael Shillott, Sr. Diane Shillott IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants No. 05-04707 Civil Term Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that I have this d&y of J'aoe , 2006, served a true and correct copy of the foregoing Complaint by pl ing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Counsel for Defendants Sylvan R. Gehman and Landis C. Martin Johnson, Duffie, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: C? vary D. Martz, quire Martz & G y LLP Couns or Plaintiffs 96. George Street, Suite 430 rk, PA 17401 (717) 852-8379 I.D. No. 35554 _.,- _r Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO THE PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW come the Defendants, Sylvan R. Gehman and Landis C. Martin, by and through their counsel, Johnson, Duffle, Stewart & Weidner, P.C. and file the following Answer and New Matter: 1. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore the averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore the averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 7. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 8. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 9. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 10. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 11. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 2 12. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore the averments are denied and strict proof thereof is demanded at the time of trial. 13. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. COUNT I MICHAEL SHILLOTT, SR. v. SYLVAN R. GEHMAN 14. The Defendants incorporate by reference paragraphs 1-13 of their Answer to the Plaintiffs' Complaint as if fully set forth herein. 15. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request that the judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice. COUNT II MICHAEL SHILLOTT, SR. v. LANDIS C. MARTIN 16. The Defendants incorporate by reference paragraphs 1-15 of their Answer to the Plaintiffs' Complaint as if fully set forth herein. 17. Admitted. 3 18. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request that the judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice. COUNT III DIANE SHILLOTT v. SYLVAN R. GEHMAN 19. The Defendants incorporate by reference paragraphs 1-18 of their Answer to the Plaintiffs' Complaint as if fully set forth herein. 20. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request that the judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice. COUNT IV DIANE SHILLOTT v. LANDIS C. MARTIN 21. The Defendants incorporate by reference paragraphs 1-20 of their Answer to the Plaintiffs' Complaint as if fully set forth herein. 22. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 4 WHEREFORE, the Defendants respectfully request that the judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Answering Defendants raise the following new matters: 23. Some or all of the Plaintiffs' claims are barred by the applicable statute of limitations. 24. Some or all of the Plaintiffs claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. §1701, et seq.), and especially by §1722 of that law. 25. Discovery may reveal that the Plaintiffs have failed to mitigate their damages. 26. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions, or damages pre-existed the date of the subject accident and were not caused or aggravated by this accident. 27. Discovery may reveal that some or all of the Plaintiffs' injuries, conditions or damages were caused by the events that occurred subsequent to the subject accident. 28. To the extent that the Plaintiffs have been or will be paid for some or all of their damages, then the claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. 29. The Plaintiffs have failed to state a cause of action upon which any relief of any kind can be granted. 30. The Plaintiffs' causes of action alleged are barred in whole or in part by the doctrines of comparative negligence and/or contributory negligence, as may be applied to the facts disclosed in discovery. 5 31. The mechanism in the Plaintiffs' alleged injuries was under the care, custody and control of persons or entities other than the Answering Defendants. 32. The mechanism in Plaintiffs' alleged injuries was under the care, custody and control of persons or entities other than the Answering Defendants, such persons including but not limited to the Plaintiffs. 33. The Plaintiffs' causes of actions alleged damages claimed by the Plaintiffs that were created and/or caused by individuals under circumstances over whom the Answering Defendants had no control or right to control. 34. Sudden and unexpected conditions at the time of the accident created a sudden emergency for drivers on the roadway, including the Answering Defendants, Sylvan R. Gehman and Landis C. Martin. WHEREFORE, the Answering Defendants respectfully request that the Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in favor of the Answering Defendants. DATE: -7 / 7 /b 277981 Respectfully submitted, JOFWS N,DUFFIE, STEWART & WEIDNER By: 6 John tier, quire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants VERIFICATION I, SYLVAN R. GERMAN, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer and New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. "4L 0• A'O? SY AN R. GEHMAN DATE: VERIFICATION I, LANDIS C. MARTIN, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer and New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: . . ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at 7' 1 , Lemoyne, Pennsylvania, with first-class postage prepaid on the -7 day of Ja 2006, addressed to the following: Gary D. Martz, Esquire Martz & Gailey 96 South George Street Suite 430 York, PA 17401 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. tTaitte , uire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin f"' ... .... ._..? ;.._,j ? _ r? .J _._ .T.. ` . .. Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED STIPULATION AND NOW, come the parties to the above case, by their respective counsel, who hereby agree and stipulate as follows: It is stipulated and agreed that subparagraphs 15(g) and 15(h) are dismissed from the Plaintiffs Complaint with prejudice. DATE: -7 (1-7 ( O 278464 18887-20 WM?Z GAj, I Y, LLP By: Attorney . No. 35554 96 So George Street, Suite 430 Yo ,PA 17401 (7 7) 852-8379 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, squire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Stipulation upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the?ay of J { 2006, addressed to the following: Gary D. Martz, Esquire Martz & Galley 96 South George Street Suite 430 York, PA 17401 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo atler, Es uire Attorney I. D. 12 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded PLAINTIFF' REPLY TO NEW MATTER 23. Denied. It is denied that some or all of Plaintiffs' claims are barred by the applicable statute of limitations. Can the contrary, Plaintiffs timely initiated the subject action through the filing of a Praetipe for Writ of Summons which was filed with the Cumberland County Prothonotary on September 9, 2005, which is within the applicable two (2) year statute of limitations from the date of the subject accident, December 23, 2003, and which Writ of Summons was then timely and properly served upon Defendants. Thereafter Plaintiffs timely filed their Complaint in this case, which was timely and properly served upon counsel for Defendants by agreement. Strict proof of Defendants' allegation is demanded'•at trial. 24. Admitted and denied. It is admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law apply to the subject action. It is denied that some or all of Plaintiffs' claims for damages as set forth in their Complaint in this case are barred in whole or in part or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, and rather the damages claimed by Plaintiffs which are the subject of this action are damages to which they are entitled under the law and the provisions of that Act. The pertinent provisions of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 25. Denied. It is denied that Plaintiffs have failed to mitigate their damages. On the contrary Plaintiffs have acted as reasonably prudent individuals in attempting to mitigate their damages resulting from injuries sustained by Plaintiff Michael Shillott, Sr. as a result of the subject accident caused by the negligence and carelessness of Defendant(s). Strict proof of Defendants' allegation is demanded at trial. 26. Denied. It is denied that Plaintiffs' injuries, conditions, or damages which are the subject of this action as set forth in Plaintiffs' Complaint pre-existed the subject accident and were not caused or aggravated by the subject accident. On the contrary the injuries, conditions, and damages of Plaintiffs which are the subject of this action as set forth in Plaintiffs' Complaint were caused by the subject accident. The pertinent provisions of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' !allegation is demanded at trial. 27. Denied. It is denied that some or all of Plaintiffs' injuries, conditions or damages were caused by events that occurred subsequent to the subject accident. On the contrary the injuries, conditions,' and damages to Plaintiffs which are the subject of this action as set forth in Plaintiffs' Complaint were caused by the subject accident and were not caused by any events subsequent to the subject accident. The pertinent provisions of Plaintiffs' Complaint in this regard are incorporated herein by reference 2 thereto. Strict proof of Defendants' allegation is demanded at trial. 28. Denied. It is denied that Plaintiffs have been paid for some or all of their damages which are the subject of this action as set forth in Plaintiffs' Complaint and therefore denied that their claims for damages are barred by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law or the defense of payment I generally. In further answer Pia?ntiffs incorporate herein by reference thereto their Answer to paragraph 24 above as well as the pertinent allegations of Plaintiffs' Complaint. Strict proof of Defendants' allegation is demanded at trial. 29. Denied. It is denied that Plaintiffs have failed to state a cause of action upon which any relief of any kind can be granted. On the contrary Plaintiffs have specifically pled in their Complaint in this case a civil cause of action against Defendant Sylvan R. Gehman for negligence and carelessness in the operation of the vehicle which he was operating at the time of this accident resulting in the subject accident and Plaintiffs' resulting injuries and dam ges, and Plaintiffs have specifically pled a cause of action against Defendant Landis C. Martin for vicarious liability since Defendant Sylvan Gehman was in the course and Martin at the time of the subject Answer to paragraph 17 of Complaint in this regard are Defendants' allegation is demanded at trial. herein by reference thereto. Strict proof of 30. Admitted and denied. It is admitted that the provisions of the Pennsylvania Comparative Negligence Act apply to the subject action. It is denied that of his employment for Defendant Landis C. which fact is admitted by Defendants in their Complaint. The pertinent allegations of Plaintiffs' 3 Plaintiffs' causes of action or claims for damages in this case are barred or limited in whole or in part by the negligence. On the contrary as s accident and Plaintiffs' resulting negligence and carelessness of I any negligence or carelessness b or negligent in the occurrence c damages. The pertinent alle( of comparative negligence and/or contributory forth in Plaintiffs' Complaint in this case, the subject and damages were caused solely by the and were not caused in any manner by Plaintiffs, and Plaintiffs were not in any way careless the subject accident or their resulting injuries and of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 31. Denied. It is denied that the mechanism of Plaintiffs' alleged injuries was under the care, custody, and control of persons or entities other than Defendants. On the contrary as set forth in Plaintiffs' Complaint, the subject accident and Plaintiffs' resulting injuries and damages were caused solely by the negligence and carelessness of Defendant(s) and were not caused by any other persons or entities other than Defendants. The pertinent allegations of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 32. Denied. Plaintiffs incorporate herein by reference thereto their Answers to paragraph numbers 30 and 31 above. Strict proof of Defendants' allegation is demanded at trial. 4 33. Denied. It is denied that Plaintiffs' causes of action or alleged damages were created and/or caused by individuals under circumstances over whom or which Defendants had no control or right to control. On the contrary as set forth in Plaintiffs' Complaint, the subject accident and Plaintiffs' resulting injuries and damages were caused solely by the negligence a d carelessness of Defendant(s) and were not caused in any manner by individuals or ci cumstances over whom Answering Defendants had no control or right to control. In further answer Plaintiffs incorporate herein by reference thereto their Answers to paragraph numbers 30, 31, and 32 above and the pertinent allegations of Plaintiffs' Complaint in this regard. Strict proof of Defendants' allegation is demanded at trial. 34. Denied. It is denied that sudden and unexpected conditions at the time of the subject accident created a sudden emergency under the law for Defendants. On the contrary as set forth in Plaintiffs' Complaint, Plaintiff Michael Shillott, Sr. was stopped in his vehicle at the endl of the exit ramp waiting to safely proceed onto southbound 1-83 when Defendant S sylvan R. Gehman negligently and carelessly allowed his vehicle to strike the rear of FUntiffs lawfully stopped vehicle while Defendant Gehman was in the course and scope of his employment for Defendant Landis C. Martin resulting in the subject accident and Plaintiffs' resulting injuries and damages. Therefore, the sudden emergency doctrine does not apply to the facts of the subject action. The pertinent allegations of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 5 WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss and deny Defendants' New Matter and enter judgment against Defendants and in favor of Plaintiffs as requested in Plaintiffs' Complaint. Date: Respectfully submitted, Gary D. 96 th George Street, Suite 430 Ark, PA 17401 (717) 852-8379 Supreme Court ID Number: 35554 6 IN THE COURT OF MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. SYLVAN R. GEHMAN and MARTIN, Defendants I, Gary D. Martz, Esquire, the pleading party herein, and that NON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 05-04707 Civil Term C. Jury Trial Demanded VERIFICATION hereby verify that I am the Attorney of Record for e facts set forth in the foregoing Plaintiffs' Reply to New Matter are true and correct t the best of my', knowledge, information and belief, upon information supplied and that laintiffs' signatures could not be obtained within the time required for the filing of this herein are made subject to the unsworn falsification to authorities. Date: // /&V I understand that false statements made of 18 Pa.C.S.A. Section 4904, relating to By: Gary D. Ma , squire Martz & tley LLP Coun for Plaintiffs 96 outh George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 35554 IN THE COURT OF MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. SYLVAN R. GEHMAN and MARTIN, Defendants I hereby certify that 1 have this correct copy of the foregoing Pla United States First Class Mail, di MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 05-04707 Civil Term C. Jury Trial Demanded I A GDwI 4--1 lay of 2006, served a true and Reply Ne after by placing a copy in the to the office address of the following: Jo n A. Statler, Esquire Counsel for De endants Sylvan R. Gehman and Landis C. Martin Johnson, Duffle, Stewart & Weidner 301 M rket Street, PO Box 109 Lem yne, PA 17043-0109 Gary D. Ma squire MRGeorge alley LLP Co for Plaintiffs 9 Street, Suite 430 rk, PA 17401 (717) 852-8379 I.D. No. 35554 7 ! • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs VS. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification signed by Plaintiffs Michael Shillott, Sr. and Diane Shillott for the Verification of Gary D. Martz, Esquire, regarding Plaintiffs' Reply to New Matter in the above-captioned case. Respectfully submitted, e2lz /00? Date: By: Gary D. Martz ' quire Martz & ey, LLP Cou for Plaintiffs 9 outh George Street Suite 430 York, PA 17401 717-852-8379 ID# 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded We verify that the foregoing facts in the Plaintiffs' Reply to New Matter are true, upon our personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: -A1zc1O?0 1711'CA ad 7k Michael Shillott, Sr. A:?M? z . & k.? Diane Shillott a IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that I have thisaa "ay of correct copy of the foregoing Praecipe to United States First Class Mail, directed to the 2006, served a true and by placing a copy in the address of the following: John A. Statler, Esquire Counsel for Defendants Sylvan R. Gehman and Landis C. Martin Johnson, Duffle, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: Gary D. artz, Esquire Ma Galley LLP nsel for Plaintiffs s 6 S. George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. CIVIL DIVISION No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that I have this Ilf' day of October, 2006, served a true and correct copy of the foregoing Response to Defendants' Request for Production of Documents by placing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: Gary D. Martz, Esquir Martz & Gailey LLP Counsel for Plaintiffs 96 S. George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 35554 3 rn ? t„ cT?sT. co -n :Z t7 G r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded CERTIFICATE OF SERVICE hereby certify that I have this eday of October, 2006, served a true and correct copy of the foregoing Answers to Defendants' Interrogatories by placing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: Gary D. Martz, Es e Martz & Gail P Counsel fo Plaintiffs 96 S. George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 35554 13 ?. ? -?r? i:? ? c'? <? ? ?' U? :._ `L3 C'? r ?. Y ? G '; ?+ . --- C ? ? - Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are ' I to the subp enas attached to the Notice of Intent. By: John A. 81r, Esq ire Attorney I.D. No- *W2 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 285338 DATE: 11 h y Job Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants Attorneys for Defendants Sylvan R. Gehman and Landis C. Martin IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs c/o GARY D. MARTZ, ESQUIRE Martz & Gailey 96 South George Street; Suite 430 York, PA 17401 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JO SON, DUFFIE, STEWART &WEIDNER A\----- By: John A. Sta 're Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: `© /23/04 Attorneys for Defendants 285338 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs CIVIL ACTION -LAW V. NO. 05-4707 CIVIL TERM SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Ho_pital• 1001 South George Street York PA 17403 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler, Esquire; Johnson Duffle Stewart & Weidner 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: John A Statler Esquire; Johnson Duffle Stewart & Weidner, P.C. ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 301 Market Street Lemoyne PA 17043 (717) 761-4540 Defendants. Sylvan R. Gehman By the Court: and Landis C. Martin Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GERMAN and LANDIS C. MARTIN Defendants : CIVIL ACTION -LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO. Stony Brook Family Medicine; 4222 Lincoln Highway York PA 17406 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler Esquire, Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 285344 John A. Statler. Esquire, Johnson Duffle Stewart & Weidner P.C. 301 Market Street Lemoyne. PA 17043 (717) 761-4540 Defendants, Sylvan R. Gehman By the Court: and Landis C. Martin Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs CIVIL ACTION -LAW V. John A. Statler Esquire; Johnson Duffle Stewart & Weidner P.C. 301 Market Street Lemoyne, PA 17043 (717) 761-4540 SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic & Spine Specialists: 1855 Powder Mill Road; York PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler, Esquire; Johnson Duffe Stewart & Weidner 301 Market Street, Lemovne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 285344 Defendants, Sylvan R. Gehman By the Court: and Landis C. Martin Seal of the Court NO. 05-4707 CIVIL TERM Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GERMAN and LANDIS C. MARTIN Defendants CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Center for Spine & Sports Rehabilitation, 1855 Powder Mill Road, York, PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler, Esquire; Johnson, Duffie Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: John A. Statler. Esquire; Johnson Duffie Stewart & Weidner P.C. 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Defendants. Sylvan R. Gehman By the Court: and Landis C. Martin Sea] of the Court Prothonotary 285344 Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Eckerd Pharmacy; 3615 East Market Street York PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler, Esquire, Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 285344 John A. Statler. Esquire; Johnson Duffle Stewart & Weidner P.C. 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Defendants, Sylvan R. Gehman By the Court: and Landis C. Martin Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR_ and DIANE SHILLOTT, His Wife, CIVIL ACTION - LAW SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants : NO. 054707 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: White Rose Family Practice; 80 Wyntre Brook Drive, York, PA 17403 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray films, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A Statler Esquire; Johnson Duff e Stewart & Weidner-, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: John A Statler Esquire, Johnson, Duffie Stewart & Weidner P.C. ADDRESS TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 285344 301 Market Street Lemoyne PA 17043 (717) 761-4540 Defendants Sylvan R. Gehman By the Court: and Landis C. Martin Plaintiffs Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR, and DIANE SHILLOTT, His Wife, Plaintiffs CIVIL ACTION -LAW V. John A. Statler, Esquire; Johnson Duffle Stewart & Weidner P.C. 301 Market Street Lemoyne, PA 17043 (717) 761-4540 SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance Company; Attn: Beverly Maloney 1000 Nationwide Drive• Harrisburg-, PA 17110 (Name of Person or Entity) - Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents concerning first-party benefits provided by Nationwide Insurance Company to Michael Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986; Date of Loss: 12-23-2003; and Nationwide Claim No. 5837B9892821223200301, including all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports and tort election form. at John A. Statler, Esquire, Johnson, Duffle Stewart & Weidner, 301 Market Street Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: ADDRESS: TELEPHONE: SUPREME COURT ID 4 ATTORNEY FOR: DATE: _Defendants, Sylvan R. Gehman By the Court: and Landis C. Martin NO. 05-4707 CIVIL TERM Seal of the Court 285419 Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GERMAN and LANDIS C. MARTIN Defendants CIVIL ACTION - LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Universal Protective Packaging, Inc.: 61 Texaco Road, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler, Esquire; Johnson, Duffle. Stewart & Weidner 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: John A. Statler, Esquire; Johnson Duffle, Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendants, Sylvan R. Gehman By the Court: and Landis C. Martin DATE: Seal of the Court Prothonotary 285347 Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL SHILLOTT, SR, and DIANE SHILLOTT, His Wife, Plaintiffs V. SYLVAN R. GEHMAN and LANDIS C. MARTIN Defendants CIVIL ACT10N - LAW NO. 05-4707 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THIlVGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sweethart Cup Company, Inc.; 10100 Reisterstown Road; Owings Mill MD 21117-3815 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Michael W. Shillott, Sr.; Date of Birth: 09-28-1950; Social Security No. 205-42-2986. at John A. Statler, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 its 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. NAME: John A. Statler. Esquire: Johnson, Duffle Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants, Sylvan R. Gehman By the Court: and Landis C. Martin DATE: Sea] of the Court Prothonotary Deputy 285347 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 15, 2006: Gary D. Martz, Esquire Martz & Gailey 96 South George Street Suite 430 York, PA 17401 JOHNSON, DUFFIE, STEWART & WEIDNER Je ifer M.Arfiith, Paralegal to John R. Ninosky, Esquire c? Y - r LL`j 1 ? ? T F7' Gr) , Fri ?J .. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day of December, 2006, served a true and correct copy of Plaintiffs' Request for Production of Documents Addressed to Defendants, by placing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: Gary D. Mart , squire Martz & i ey, LLP Cou for Plaintiffs 9§Z. eorge Street, Suite 430 ork, PA 17401 (717) 852-8379 I.D. No. 35554 a C"3 .r. f 2 ? ? ?, y,`-' ? ?? --r_`. ? ,.????t _,?_ • i_:. :? Q ..G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and ; DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded CERTIFICATE OF SERVICE 1A I HEREBY CERTIFY that I have this 12 day of December 2006, served a true and correct copy of Plaintiffs' Interrogatories to Defendants, Set #1, by placing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: Gary D. Martz, E ire Martz & Gai , LLP Counsel r Plaintiff 96-S eorge Street, Suite 430 Yo , PA 17401 (7 7) 852-8379 I.D. No. 35554 C d W C7, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs : vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, : Defendants Jury Trial Demanded CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this & flay of December, 2006, served a true and correct copy of Plaintiffs' Interrogatories to Defendants Set #2, by placing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 By: Gary D. Martz, quire Martz & Gai , LLP Counsel r Plaintiffs 96S eorge Street, Suite 430 ( Y , PA 17401 ( 17) 852-8379 I.D. No. 35554 ? ? c C7 -rt ' - .? -ors Tj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiffs, Michael Shillott, Sr. and Diane Shillott, in the above-captioned matter. Respectfully submitted, By:_ ?? 0 Date: Q In 0* Herman A. Gailey, "III, Esquire Martz & Gailey LLP Counsel for Plaintiffs 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 31097 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL SHILLOTT, SR. and DIANE SHILLOTT, his wife, Plaintiffs vs. No. 05-04707 Civil Term SYLVAN R. GEHMAN and LANDIS C. MARTIN, Defendants Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that I have this JL? day of October 2008, served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing a copy in the United States First Class Mail, directed to the office address of the following: John A. Statler, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Herman A. Gailey, III, Esquire Martz & Gailey LLP Counsel for Plaintiff 96 S. George Street, Suite 430 York, PA 17401 (717) 852-8379 I. D. No. 31097 (°? c?. ? -?, <- _t, ?. ? ? ? i ? r:-? --? ° ? t_.?. -? =?', ?.-? r-,-, f? .} . w7 _ ?? ??