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Home My WebLink About05-5564 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 0S - SSG V 2005 Civil Action - (X) Law ( ) Equity JEAN MARIE VARGAS FOSCHI, 2195 Brunswick Avenue Mechanicsburg, PA 17055, Plaintiff JUDITH A. SEROSKI, as personal representative for the Estate of KENNETH A. SEROSKI, V. R.R. 2, Box 742 Shamokin, PA 17872-9639, and MARILYN SUE PUCEK, 432 S. York Road Dillsburg, PA 17019-9148 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COUNTY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( ) Sheriff. JOHN F. YANINEK, ESQUIRE Sup. Ct. I.D. No. 55741 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 717-232-5000 ature of A o mey Date: October 27, 2005 ,_ :. ;. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA C,?4 -7;._ NO. 2005 Civil Action - (X) Law ( ) Equity JEAN MARIE VARGAS FOSCHI, JUDITH A. SEROSKI, as personal 2195 Brunswick Avenue representative for the Estate of Mechanicsburg, PA 17055, KENNETH A. SEROSKI, Plaintiff V. R.R. 2, Box 742 Shamokin, PA 17872-9639, and MARILYN SUE PUCEK, 432 S. York Road Dillsburg, PA 17019-9148 Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Cul'f Ps ?? hoieJY Prothonotary Date: aet' Ix115' BY?s fC ? ? YY?.t?Pt ?. Deputy ( ) Check here if reverse is issued for additional information. 435868v1 .,y lr. O j++ ?' F-+ V? ..y c ?_> ? , ,r 4:_' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOSCHI JEAN MARIE VARGAS VS SEROSKI JUDITH A ET AL R. Thomas , 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: SEROCKI JUDITH A AS REP OF ESTATE OF KENNETH A SEROCKI but was unable to locate Her in his bailiwick deputized the sheriff of NORTHUMBERLAND serve the within WRIT OF SUMMONS He therefore County, Pennsylvania, to On December 1st , 2005 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Northumberland 116.25 Postage 1.11 154.36 12/01/2005 JEAN VARGAS Sworn and subscribed to before me this q? day of &«? So answers;, R. Thomas Kline -- Sheriff of Cumberland County .2UDJ . D . Prot "tar ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05564 P YOMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOSCHI JEAN MARIE VARGAS VS SEROSKI JUDITH A 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: PUCEK MARILYN SUE but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 1st , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 65.68 .00 90.68 12/01/2005 JEAN VARGAS So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this - V.!-7 day of k&4x ? 1OV J? A D . Protho ary In The Covert of Common Fleas of Cumberland County, Pennsylvania , Jean Marie Vargas Foschi vs. Judith A. Seroski et al SERVE: Judith A. Seroski as per rep for No 05-5564 civil estate of Kenneth A. Seroski Now, October 27, 2005 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Northumberland COSTS SERVICE MILEAGE AFFIDAVIT deputation being made at the request and risk of the Plaintiff. PIV Sheriff of Cumberland County, PA Affidavit of Service Now, 20, at o'clock M. served the within upon at ° by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 20 County, PA County to execute this Writ, this S PLAINTIFF: FOSCHI VARGAS, JEAN MARIE P: VS: DEFENDANT: SEROSKI, JUDITH A., as personal D: representative for the Estate of KENNETH G D: SEROSKI D: POSSIBLE NEW ADDRESS 208 THIRD ST. D: RANSHAW, PA 17866 CASE #: 05 CV 5564 CTY FILED: CUMBERLAND FILE DATE: 05/10/27 DATE RECEIVED: 05/10/31 ASSIGNED TO: 1 DEF LAW FIRM: CUMBERLAND EXPIRES: 05/11/26 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: JUDITH A. SEROSKI as personal representative for the Estate of KENNETH G. SEROSKI BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PRAECIPE AND WRIT OF SUMMONS PERSON SERVED: JUDITH A. SEROSKI DATE SERVED: 2005/11/21 CAPACITY: PERSONALLY TIME: 10:35 AM PLACE SERVED: NORTHUMBERLAND CCUNTY SHERIFFS OFFICE SUNBURY PA 17801 COUNTY OF NORTHUMBERLAND AND STATE OF PENNA „ MAKING KNOWN UNTO : HER THE CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, SHERIFF BY DEPUTY : Chc d 0 Oman BY: KALETA, DEBORAH I HEREBY CERTIFY AND RETURN THAT I SERVED: BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PERSON SERVED: DATE SERVED: CAPACITY TIME: PLACE SERVED: COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO THE CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, SHERIFF BY DEPUTY: BY: DOCKET PAGE #: 05 CV 0716 SHERIFF'S COSTS: $ 116.25 REC #: 26348 NO. OF ATTEMPTS: 4 Sworn to and subscribed before me this a? d-: :; '/%/lr s r)_ My Comm. & Jan. 2006 LLi -l97 COUNTY OF YORK CE CA, OFFICE OF THE SHERIFF S(";;77 196011 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES I PLAINTIFF/SI 2 COURT NUMBE® 5- 5 5 6 4 JEAN' MARIE VARGAS FiiSCH 7 DEFENDANT/S/ d TYPE OF WRIT OR COMPLAINT . [,;A <ILYN SUE PUCEK UOS SERVE a nnme -v'- urviuunL, uumrnnT, wnru wi iun c-'- iu xrvr Vr ura nir i inn ur rr r¢ni , u tie cvicv. ni i ncv. ?n ov P'IARILYiy SUE PUCc: 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. TWP STATE AND ZIP CODE) AT 432 S YO RI: D DILLSBURG PA 17019 1. INDICATE SERVICE- U PERSONAL U PERSON IN CHARGE U DEPUTIZE UCERT AIL U 1ST CLASS MAIL U POSTED U OTHER NOW 10/27 20 05 I, SHERIFr-O'F'-V-@--W- COUNTY, PA, d hereby deputlz sheriff of York COUNTY to execute this ake retL}rn t= , Ing to law. This deputization being made at the request and risk of the plaintiff r? SHERIFF OF VMWCOUNTY _ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C CUMBERLAND ADVANCE BY SHERIFF 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 Nnd WI 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 property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER t t DATE FILED JOHN YAivFiEz: SQ PO bUk 5950 HARRISBURG 17110 717-232-5000 10/27/05 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. Mss area must be completed it notice is to be mailed) CU 4BE <LAND CO SHERIFF ONE COURTHOUSE SQUARE CARLISLE: PA 17,013 13 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date «complaint as indicated above Lb R AHR E N S 1012 /05 r 11/26/05 16. HOW SERVED PERSONAL ) RESIDENCE ( POSTED ( ) POE ( ) SHERIFF'S OFFICE I; ) OTHER ( ) SEE REMARKS BELOW 17. U 1 hereby certify and return a NOT UND case I am unable to locate the individual, company, etc named above. (See remarks below.) 1A^?Kki TITLE OF INDIVIDVJ!k 5€ RVE / LIS DDRIE-qS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19, Qlite gf)ierv 2d Tinge of Service Date I Time I Mlles I Inl I Dale o(2S F 23. Advance Costs 24 Service Costs 25 N/F 26 Mneage 27 Postage 28 Sub Total 29 Pound 30 Notary 31. Co Is 33 Costs Due elund tick />?o 100.00 FS ?? (00. ,Svc 34. Foreign County Cosh 35 Advance Costs 36 Service Costs 37 Notary Cert. 38 Mileage/Postage/Not Found 0 Costs Due or Refund 41 42 LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 ? /?O te r44 SignatureB L? of lea 45 D/IJ 1S? . Sheri 46. CS¢ignat re Of 47 DATE ',1ILi.IAM N1 HObE, SHERIFF /21/05 48 Signature of Foreign 49 DATE County Sheriff JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio quo es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEAN MARIE VARGAS FOSCHI, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 05-5564 : CIVIL ACTION - LAW MARILYN SUE PUCEK, Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiff, Jean Marie Vargas Foschi, by and through her attorneys, Mette, Evans & Woodside, hereby files this Complaint and in support thereof, avers as follows: Plaintiff Jean Marie Vargas Foschi is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 2195 Brunswick Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Marilyn Sue Pucek is an adult individual and a citizen of the Commonwealth of Pennsylvania who resides at 432 S. York Road, Dillsburg, Cumberland County, Pennsylvania 17019-9148. 3. The facts and occurrences hereinafter related took place on or about November 7, 2003 as Plaintiff was traveling North on SR 15 and approaching the ramps to SR 581 in Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff was traveling North on SR 15. 5. At that time and place, Defendant Marilyn Sue Pucek was traveling North on SR 15 behind Plaintiff, Jean Vargas Foschi. 6. At that time and place, as Plaintiff was approaching the ramps to SR 581, a silver vehicle operated by Kenneth Seroski of Shamokin, Pennsylvania, had started to enter SR 15 and was hugging the bridge to the right while trying to merge onto SR 15, a non-merging area. At that time and place, Plaintiff had to slow her vehicle for the vehicle operated by Mr. Seroski and Plaintiff's vehicle was violently rear-ended by the vehicle driven by Defendant Marilyn Sue Pucek. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Jean Marie Vargas Foschi are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Marilyn Sue Pucek operated her vehicle as follows: a. failing to keep alert and maintain a safe distance behind other vehicles on the roadway; b. following too closely to Plaintiff s vehicle; C. failing to apply her brakes in sufficient time so as to avoid striking vehicles directly ahead of her; d. failing to keep a proper watch for traffic on the roadway so as to allow her to take reasonable evasion action to avoid the accident; e. failing to drive her vehicle with due regard for the roadway and traffic conditions which were existing at that time and place and of which she was or should have been aware; failing to drive within the assured clear distance ahead; g. failing to maintain proper and adequate control over her vehicle; and h. driving her vehicle upon the roadway in a manner endangering persons and property in a reckless manner with careless disregard for the rights and safety of others in violation of the Motor Vehicle Code. 9. As a result of the aforementioned accident, Plaintiff Jean Mane Vargas Foschi sustained severe and painful injuries that include, but are not limited to, a head injury, neck pain and back pain. 10. As a result of the injuries sustained, Plaintiff was forced to incur medical treatment, medications, physical therapy and other miscellaneous expense in an effort to restore herself to health, and claim is made therefore. 2 11. Because of the nature of Plaintiff s injures, Plaintiff Jean Marie Vargas Foschi has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefore. 12. As a result of the aforementioned collision and resulting injuries, Plaintiff Jean Marie Vargas Foschi has undergone and will continue into the future to undergo great physical and mental suffering, great inconvenience in carrying our her daily activities, and a loss of life's pleasures and enjoyment, and claim is made therefore. 13. As a result of the aforementioned collision and resulting injuries, Plaintiff Jean Marie Vargas Foschi has sustained work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and claim is made therefore. WHEREFORE, Plaintiff Jean Marie Vargas Foschi demands judgment against Defendant Marilyn Sue Pucek in an amount in excess of $25,000, an amount which is above the monetary jurisdictional limit for reference to compulsory arbitration. Respectfully submitted, METTE, EVANS & WOODSIDE By: S t. I.D. No. 55 41 3#61 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Jean Marie Vargas Foschi Date: May 19, 2006 3 VERIFICATION I, JEAN VARGAS FOSCHI, hereby verify and state that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn verification to authorities. Date: May 19, 2006 CERTIFICATE OF SERVICE I, John F. Yaninek, Esquire, hereby certify that I am this day serving a copy of the foregoing Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of same via First Class Mail, postage prepaid as follows: Marilyn Sue Pucek 432 S. York Road Dillsburg, PA 17019-9148 Respectfully submitted, METTE, EVANS & WOODSIDE By: P Ct. I.D. No. U et 1 North Front et P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Jean Marie Vargas Foschi Date: May 19, 2006 445974v1 C7 o C> R 7 Cl` . "P (I ?C T (ltd - -C-j 1'fi ? 7Ci W ;-_? ? T! ' ' ?Q ??7 . ? ? ? t"?'t - 1 - `S7 1; ?' ?? JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendant, Marilyn Sue Pucek with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: Date: P e enley Allen, Esquire I D. #: 84311 2 1 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this I day of June, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John F. Yaninek, Esquire Mette Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-09q Allen, Esquire JEAN MARIE VARGAS FOSCHI, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5564 CIVIL ACTION - LAW MARILYN SUE PUCEK, Defendant AND KENNETH GEORGE SEROSKI, Additional Defendant JURY TRIAL DEMANDED JOINDER COMPLAINT OF ADDITIONAL DEFENDANT. KENNETH GEORGE SEROSKI 1. This action was commenced by Plaintiff, by a Complaint filed on May 19, 2006. A true and correct copy of said Complaint is attached hereto as Exhibit "A.". Without admission or adoption, and for purposes of this Joinder Complaint only, the averments of Plaintiffs Complaint are incorporate herein by reference, as is set forth at length. 2. Defendant, Marilyn Pucek, filed her Answer With New Matter on or about June 15, 2006. A true and correct copy of said Answer and New Matter is attached hereto as Exhibit "B." 3. Plaintiffs civil complaint seeks recovery from original Defendant for all injuries and damages sustained by Jean Marie Vargas Foschi, as results of an accident that occurred on November 7, 2003. Additional Defendant, Kenneth George Seroski, is an adult individual who currently resides at R.D. 2, Box 742, Shamokin, PA 17872. 4. Additional Defendant, on November 7, 2003, was the operator of a 2001 Ford bearing Pennsylvania registration DMH-3257. 5. As additional defendant was operating the 2001 Ford on State Route 15 in Camp Hill, Cumberland County, Pennsylvania, additional defendant was coming off the ramp trying to enter State Route 15 North. Additional Defendant was hugging the bridge to the right, trying to merge into traffic. 6. While Additional Defendant was hugging the bridge and attempting to merge into traffic, the Plaintiff had to apply the brakes to avoid being hit by the vehicle coming out. 7. As Plaintiff was applying the brakes, Defendant Marilyn Pucek was driving a 2000 Toyota northbound on State Route 15, approaching the ramps to State Route 581. 8. Additional Defendant started to enter State Route 15, however the Plaintiff suddenly slowed her vehicle to stop for Additional Defendant. 9. Defendant Marilyn Pucek was unable to stop, and or otherwise avoid colliding with Plaintiffs vehicle. 10. Plaintiff is seeking damages from Defendant Marilyn Pucek as averred in paragraphs 8-13 of Plaintiffs Complaint Exhibit "A." 11. The injuries sustained by Plaintiff, if any, were caused solely or in part by the negligent acts or omissions of Additional Defendant in the operation of the 2001 Ford, in one or more of the following particulars: a. Failure to yield to oncoming traffic; b. Failure to drive on roadways laned for traffic; C. Failing to keep appropriate look out or pay sufficient attention to the approaching traffic; and d. Failure to meet minimum speed requirements. 12. In the event that Plaintiff is entitled to recover for damages set forth in the Complaint, Additional Defendant is liable to Plaintiff, jointly and severably liable to Plaintiff, or liable over to Defendant on the causes of actions asserted in Plaintiff's Complaint. WHEREFORE, original Defendant, Marilyn Pucek respectfully request that a judgment be entered in her favor and against Additional Defendant for damages claimed in Plaintiff's complaint. Respectfully submitted, N By: Date & PERRY n7Henley Allen, Esquire #: 84311 2 11 North Front Street arrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this C? day of June, 2006, 1 hereby certify that I have served the foregoing JOINDER OF ADDITIONAL DEFENDANT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John F. Yaninek, Esquire Mette Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 f a rl.? C71 : J.7 JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant V. KENNETH GEORGE SEROSKI, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 14. Paragraphs 1-13 of Plaintiff's Complaint are hereby incorporated as it fully set forth at length. 15. Denied. This paragraph states legal conclusions to which no response is required. WHEREFORE, Plaintiff respectfully requests judgment in her favor with costs. Respectfully submitted, METTE, EVANS & WOODSIDE By: Jo *,t. Yanine squire SW. Ct. I.D. No. 5741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: ? ? b?? VERIFICATION I, JEAN MARIE VARGAS FOSCHI, have read the foregoing Reply to New Matter and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: J MA VAR S FO HI CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document 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 at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jenni Henley Allen, Esquire Seroski Nealon, Gover & Perry R.D. 2, Box 741 2411 N. Front St. Shamokin, PA 17872 Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE By: F. Yanin squire up. Ct. I.D. No?A5741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: 452129v1 ?? JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant AND KENNETH GEORGE SEROSKI, Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Jean Marie Vargas Foschi and her attorney John F. Yaninek, Esquire Mete Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, NEALON GOVER & PERRY By: _ J n Henley Allen, Esquire A or ey I.D. No. 84311 24 1 North Front Street Harrisburg, PA 17110 Date: _7 Q (717) 232-9900 JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant AND KENNETH GEORGE SEROSKI, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1-6. Admitted based upon information and belief. 7-13. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant respectfully request that the Complaint filed against her be dismissed with the cost of this action. NEW MATTER 14. The answers contained in paragraphs 1 through 13 are incorporated herein by reference. 15. The Plaintiff's claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant respectfully requests that the Complaint filed against her be dismissed with the costs of this action. Respectfully submitted, By: Date: NEALON GOVER & PERRY Jenn' He ey Allen, Esquire Attor ey I. . No. 84311 2411 orth Front Street Harrisbu , PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 60 day ofv , 2006, 1 hereby certify that I have served the y foregoing ANSWER TO COMPLAINT WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John F. Yaninek, Esquire Mette Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-09q Jepni H- nley Allen, Esquire VERIFICATION I, Jenni Henley Allen, verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: r,4 OS- ssGy VERIFICATION ?ru ?-? l?izr?Z: I, Marilyn Sue Pucek, verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Maril Sue uce < n - `;, ?,' - • 4 JEAN MARIE VARGAS FOSCHI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN SUE PUCEK, Defendant V. KENNETH GEORGE SEROSKI, Additional Defendant NO.: 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Plaintiff, Jean Marie Vargas Foschi, by her undersigned counsel, METTE, EVANS & WOODSIDE, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $25,000.00 for personal injuries. 3. The following attorneys have an interest in this case as counsel or are otherwise disqualified to sit as arbitrators: METTE, EVANS & WOODSIDE John F. Yaninek, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 N. Front St. Harrisburg, PA 17110 A. WHEREFORE, Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, METTE, EVANS & WOODSIDE By: ?ql'in Y. Yanine)?quire u Ct. I.D. No.,-95741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: 8/29/06 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, via first-call mail as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 N. Front St. Harrisburg, PA 17110 Seroski R.D. 2, Box 741 Shamokin, PA 17872 Respectfully submitted, METTE, EVANS & WOODSIDE Date: 8/29/06 By: "FF.YaAef, Esquire 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff 454916v1 + V IL .v 0 f"l C. N i n.? S ? ;a7 JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant AND KENNETH GEORGE SEROSKI, Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO AMEND JOINDER COMPLAINT 1. On October 27, 2005, the Plaintiff filed a Writ of Summons against Marilyn Pucek and Judith Seroski, as Personal Representative for the estate of Kenneth Seroski. 2. On May 19, 2006, the Plaintiff filed a Complaint naming Marilyn Pucek as the only Defendant. 3. On June 23, 2006 and July 10, 2006, the Defendant filed a Joinder Complaint against Kenneth Seroski and an Answer to Complaint, respectively. 4. After filing the Complaint and Joinder Complaint, it came to the Defendant's attention that Mr. Seroski has passed away. 5. The Defendant moves for the Joinder Complaint to be amended so that the additional Defendant would read Judith Seroski, as Personal Representative for the Estate of Kenneth Seroski, instead of Kenneth Seroski, Additional Defendant. 6. Rule 1033 of the Pennsylvania Rules of Civil Procedure allows for a party to move for an amendment to the pleadings at any time by leave of Court. 7. On August 31, 2006, this Honorable Court appointed arbitrators for this case. However, a date for arbitration has not been served on the Defendant. WHEREFORE, the Defendant respectfully requests this Honorable Court amend the Joinder Complaint naming Judith Seroski Personal Representative for the Estate of Kenneth Seroski as Additional Defendant. Respectfully submitted, NEALON GOVER & PERRY By: Jen i enley Allen, Esquire I . D #: 4311 24 1 North Front Street I Ha isb rg, PA 17110 Date: 717 -9900 CERTIFICATE OF SERVICE AND NOW, this ?46z day of September 2006, 1 hereby certify that I have served the foregoing MOTION TO AMEND JOINDER COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Yaninick, Esquire Mette Evans and Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Judith Seroski, Personal Representative for Estate of Kenneth Seroski R.D. 2, Box 742 Shamokin, PA 17872 r? ?. ,,.? -J ?? r? ' ?"? !u :. •.. l ?? "'? t • IRR-c -FT SEP 1 9. 2006 BY: JEAN MARIE VARGAS FOSCHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 V. « CIVIL ACTION - LAW MARILYN SUE PUCEK, Defendant AND KENNETH GEORGE SEROSKI, Additional Defendant JURY TRIAL DEMANDED ORDER AND NOW, this IT41 day of Pv-?- - 2006, upon conside a A-4 &; hv' %Vw" .-Q ? o? SMotion e4owA mer?d Jolnse, r Cocnplai t, 4t 10 ck, r V.41^1co. HE COURT: J. Distribution: ,d'ohn F. Yaninek, Esquire, Mette Evans & Woodside, P.O. Box 5950 Harrisburg, PA 17110-0950 ,/enni Henley Allen, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Adith Seroski R.D. 2, Box 742 Shamokin, PA 17872 1 0p ? -.- ., .'?-, ?' ? i?, .1Y-_' JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant V. KENNETH GEORGE SEROSKI, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-5564 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO AMEND JOINDER COMPLAINT AND NOW, comes the Plaintiff, Jean Marie Vargas Foschi, through her attorneys, Mette, Evans & Woodside, and files this Response to Defendant's Motion to Amend Joinder Complaint, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is specifically denied that the Moving Defendant became aware of Kenneth George Seroski's death subsequent to the filing of the Complaint and Joinder Complaint. The Writ of Summons dated October 27, 2005, clearly enumerated Judith Seroski as Personal Representative for the Estate of Kenneth Seroski and was served on the Moving Defendant. Therefore, Moving Defendant had sufficient knowledge and information to know that Kenneth Seroski was deceased. Nevertheless, Moving Defendant attempted to join a deceased person as an additional defendant to this law suit. 5. Denied. This paragraph states legal conclusions to which no response is required. 6. Denied. Rule 1033 allows the correction of a party's name. Defendant is seeking to change the additional defendant in which was sued. This is not a correction of a name, but a changing of a party who has not been served with the Joinder Complaint. 7. Denied. The Arbitration in this case is set for October 24, 2006, beginning at 9:30 a.m. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny the Moving Defendant from adding a party to the case to the prejudice of the Plaintiff. Respectfully submitted, METTE, EVANS & WOODSIDE By: J Y e Esquire . Ct. I.D. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: 9/20/06 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, via first-call mail as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 N. Front St. Harrisburg, PA 17110 By: Date: 9/20/06 Seroski R.D. 2, Box 741 Shamokin, PA 17872 Respectfully submitted, METTE, EVANS & WOODSIDE JYaninek, s ire I.D. No. 55 41 North Front eet P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff 456632vt -r;;•n? fl7 ? ; -. . cis rri .. -n ttt , ?. r:. ? r.. tv -T i > Tc W IN THE MATTER OF: JEAN MARIE FOSCHI MARILYN S. PUCEK CERTIFICATE ORIGINAL PRERE4UISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 05-5564 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/13/2006 M S o behalf / ? Sa, JE N 1ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0659520 40113-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JEAN MARIE ROSCHI -VS- MARILYN S. PUCEK COURT OF COMMON PLEAS TERM, CASE NO: 05-5564 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HEALTHSOUTH MEDICAL RECORDS & XRAYS THOMAS KUNKLE, D.O. MEDICAL RECORDS & XRAYS DAILEY EYE ASSOCIATES MEDICAL RECORDS & XRAYS QUANTUM IMAGING & THERA. ASSOC MEDICAL RECORDS & XRAYS TO: JOHN F. YANINEK, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2006 CC: JENNI ALLEN, ESQ. - 06-488 PATTY HOFFMAN - 554750842 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0345086 40113-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEAN MARIE FOSCHI VS. MARILYN S. PUCEK File No. 05-5564 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (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: **** R ATTA D RIDER **** at The MCS irouo_ Inc-- 1601 Market Street Snit 800Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONTSTREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: C t? Jn Seal of the Court 40113-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL. PA 17011 RE: 40113 JEAN MARIE V. FOSCHI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JEAN MARIE V. FOSCHI 2195 BRUNSWICK AVENUE, MECHANICSBURG, PA 17055 Social Security #: 193-64-3883 Date of Birth: 09-14-1969 R1.16S 133-H SU10-0650056 40113-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEAN MARIE FOSCHI -vS- MARILYN S. PUCEK Fl.. NAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-5564 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/13/2006 1?o behalf oi?/?/ / L I ALLEN, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0659521 40113 -L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JEAN MARIE ROSCHI -vS- MARILYN S. PUCEK COURT OF COMMON PLEAS TERM, CASE NO: 05-5564 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HEALTHSOUTH MEDICAL RECORDS & XRAYS THOMAS KUNKLE, D.O. MEDICAL RECORDS & XRAYS DAILEY EYE ASSOCIATES MEDICAL RECORDS & XRAYS QUANTUM IMAGING & THERA. ASSOC MEDICAL RECORDS & XRAYS TO: JOHN F. YANINEK, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2006 CC: JENNI ALLEN, ESQ. - 06-488 PATTY HOFFMAN - 554750842 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1 . 16S 133-H DE02-0345086 4 0113 -C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEAN MARIE FOSCHI VS. MARILYN S. PUCEK File No. 05-5564 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street cite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: _toeq &21 not, Seal of the Court 40113-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 40113 JEAN MARIE V. FOSCHI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JEAN MARIE V. FOSCHI 2195 BRUNSWICK AVENUE, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-3883 Date of Birth: 09-14-1969 R1.16S 133-H SU10-0650058 40113-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEAN MARIE FOSCHI -vS- MARILYN S. PUCEK ?f MIA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-5564 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/13/2006 MC o behalf _ I N ? E s I ALLEN, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0659522 4 0113 -L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JEAN MARIE ROSCHI -VS- MARILYN S. PUCEK COURT OF COMMON PLEAS TERM, CASE NO: 05-5564 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HEALTHSOUTH MEDICAL RECORDS & XRAYS THOMAS KUNKLE, D.O. MEDICAL RECORDS & XRAYS DAILEY EYE ASSOCIATES MEDICAL RECORDS & XRAYS QUANTUM IMAGING & THERA. ASSOC MEDICAL RECORDS & XRAYS TO: JOHN F. YANINEK, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2006 CC: JENNI ALLEN, ESQ. - 06-488 PATTY HOFFMAN - 554750842 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 I R1.16S 133-H DE02-0345086 40113-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEAN MARIE FOSCHI vs. MARILYN S. PUCEK File No. 05-5564 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHSOUTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS C==. n .. 1601 Market treeet Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: JENNI ALLEN. ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBL1RG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ()=4 Jo .3eviL Seal of the Court BY RIE COURT: Prothonotary/Clerk, 40113-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH 840 NORTH FRONT STREET WORMLEYSBURG, PA 17043 RE: 40113 JEAN MARIE V. FOSCHI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JEAN MARIE v. FOSCHI 2195 BRUNSWICK AVENUE, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-3883 Date of Birth: 09-14-1969 R1.16S 133-H SU10-0650060 40113-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEAN MARIE FOSCHI -vS- MARILYN S. PUCEK ORICzAAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-5564 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/13/2006 MQ1, o behalf p ?j JE I ALLEN, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0659523 40113-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JEAN MARIE ROSCHI -vS- MARILYN S. PUCEK COURT OF COMMON PLEAS TERM, CASE NO: 05-5564 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HEALTHSOUTH MEDICAL RECORDS & XRAYS THOMAS KUNKLE, D.O. MEDICAL RECORDS & XRAYS DAILEY EYE ASSOCIATES MEDICAL RECORDS & XRAYS QUANTUM IMAGING & THERA. ASSOC MEDICAL RECORDS & XRAYS TO: JOHN F. YANINEK, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2006 CC: JENNI ALLEN, ESQ. - 06-488 PATTY HOFFMAN - 554750842 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0345086 40113-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEAN MARIE FOSCHI vs. MARILYN S. PUCEK File No. 05-5564 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for THOMAS KUNKLE. D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. nc.. 1601 Market Street Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry 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: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court 40113-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THOMAS KUNKLE, D.O. 500 BRANDT AVENUE NEW CUMBERLAND, PA 17070 RE: 40113 JEAN MARIE V. FOSCHI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JEAN MARIE V. FOSCHI 2195 BRUNSWICK AVENUE, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-3883 Date of Birth: 09-14-1969 R1.16S 133-H SU10-0650062 40113-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JEAN MARIE FOSCHI -vS- MARILYN S. PUCEK O,1 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-5564 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/13/2006 MCjo behal.f JE I ALLEN, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0659524 40113-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JEAN MARIE ROSCHI -vS- MARILYN S. PUCEK COURT OF COMMON PLEAS TERM, CASE NO: 05-5564 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HEALTHSOUTH MEDICAL RECORDS & XRAYS THOMAS KUNKLE, D.O. MEDICAL RECORDS & XRAYS DAILEY EYE ASSOCIATES MEDICAL RECORDS & XRAYS QUANTUM IMAGING & THERA. ASSOC MEDICAL RECORDS & XRAYS TO: JOHN F. YANINEK, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2006 CC: JENNI ALLEN, ESQ. - 06-488 PATTY HOFFMAN - 554750842 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0345086 40113-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEAN MARIE FOSCHI vs. MARILYN S. PUCEK File No. 05-5564 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DAILEY EYE ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: JENNI ALLEN. ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court - -r -v 40113-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAILEY EYE ASSOCIATES 1857 CENTER STREET CAMP HILL, PA 17011 RE: 40113 JEAN MARIE V. FOSCHI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JEAN MARIE V. FOSCHI 2195 BRUNSWICK AVENUE, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-3883 Date of Birth: 09-14-1969 R1.16S 133-H SU10-0650064 40113-LO5 CERTIFICATE ORGZAASWI PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JEAN MARIE FOSCHI TERM, CUMBERLAND -VS- CASE NO: 05-5564 MARILYN S. PUCEK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/13/2006 f Z M??obehalf JE' I ALLEN, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0659525 40113-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JEAN MARIE ROSCHI -VS- MARILYN S. PUCEK COURT OF COMMON PLEAS TERM, CASE NO: 05-5564 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HEALTHSOUTH MEDICAL RECORDS & XRAYS THOMAS KUNKLE, D.O. MEDICAL RECORDS & XRAYS DAILEY EYE ASSOCIATES MEDICAL RECORDS & XRAYS QUANTUM IMAGING & THERA. ASSOC MEDICAL RECORDS & XRAYS TO: JOHN F. YANINEK, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2006 CC: JENNI ALLEN, ESQ. - 06-488 PATTY HOFFMAN - 554750842 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 IR1.16S 133-H DE02-0345086 40113-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JEAN MARIE FOSCHI vs. MARILYN S. PUCEK File No. 05-5564 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for QUANTi T_M IMAGING & THERA. ASSOC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Ca=. Inc-- 1601 Market Street, Suite 804, P ilade1phia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Date: t_.t jno 'D Cy)? Seal of the Court 40113-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING & THERA. ASSOC 405 ST. JOHN CHURCH RD. CAMP HILL, PA 17011 RE: 40113 JEAN MARIE V. FOSCHI Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : WEAN MARIE V. FOSCHI 2195 BRUNSWICK AVENUE, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-3883 Date of Birth: 09-14-1969 R1.16S 133-H SU10-0650066 40113-LO6 . 5 .l " t1 `'' _- .,} _ -- -n ? ?.t t?..7 ?? '. , , JEAN MARIE VARGAS FOSCHI, Plaintiff VS. MARILYN SUE PUCEK, Defendant and KENNETH GEORGE SEROSKI, Addt'I Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED TO THE HONORABLE EDWARD E. GUIDO: MOTION TO AMEND JOINDER COMPLAINT 1. On September 11, 2006 the Defendant filed a Motion to Amend Joinder Complaint. 2. On September 15, 2006 this Honorable Court issued a Rule upon all parties to show cause why the motion should not be granted. 3. The Plaintiff filed a response to the Rule to Show Cause on September 22, 2006. 4. No response on behalf of Additional Defendant has been filed. 5. This matter is scheduled for arbitration on March 26, 2007 at 10:00 a.m. 6. The Defendant believes and therefore avers that this matter needs to be resolved prior to the scheduled arbitration. WHEREFORE, the Defendant respectfully requests this Honorable Court schedule a hearing prior to the March 26, 2007 arbitration on the issue of the Motion to Amend the Joinder Complaint and the joining of the Additional Defendant. Respectfully submitted, NEALON GQVER & PERRY By Date: J ni enley Allen, Esquire A torn y I.D. No. 84311 2 11 orth Front Street Ha is urg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this day of 007, 1 hereby certify that I have served the foregoing MOTION TO AMEND JOINDER COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Yaninek, Esquire Mette Evans and Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Judith Seroski, Personal Representative for Estate of Kenneth Seroski R.R. 2, Box 742 Shamokin, PA 17872-9639 -n CO - -2-; aN? r J JAN 19 2007 ? JEAN MARIE VARGAS FOSCHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 05-5564 MARILYN SUE PUCEK, Defendant and KENNETH GEORGE SEROSKI, : CIVIL ACTION -LAW Addt'I Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this 4? day of , 2007, upon consideration of the Motion to Amend Joinder Complaint, IT IS HEREBY ORDERED that a hearing is 1;4.,wk / *, scheduled on the 5?day of 2007, at 0' clock in Courtroom No. Y ourthouse. ? of the Cumberland Count THE COURT J. Distribution: Jenni Henley Allen, Esquire, 2411 North Front Street, Harrisburg, PA 17110 John Yaninek, Esquire, 3401 North Front Street, P.O. Box 5950, Harrisburg, PA 17110-0950 Judith Seroski, R.R. 2, Box 742, Shamokin, PA 17872-9639``° L?_ f J 1: ;01 J'1`1 97 f LC37 --7il-li 33 ?Rj JEAN MARIE VARGAS FOSCHI, Plaintiff v. MARILYN SUE PUCEK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL TERM and KENNETH GEORGE SEROSKI, Additional Defendant CIVIL ACTION - LAW IN RE: MOTION TO AMEND JOINDER COMPLAINT ORDER OF COURT AND NOW, this 9th day of March, 2007, the parties are given to close of business on Wednesday, March 21, 2007, to file legal authority in support of their respective positions. ohn Yaninek, Esquire For the Plaintiff ,,.,;Pdnni Henley Allen, Esquire For the Defendant .,,/Shaun J. Mumford, Esquire srs J Edward E. Guido, J. ,j 1. f ',I ? : 6 It tC I ? L 0 0 Z JEAN MARIE VARGAS FOSCHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN SUE PUCEK NO. 2005 - 5564 CIVIL TERM V. KENNETH GEORGE SEROSKI CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 22ND day of MARCH, 2007, after having heard argument on the matter, and having reviewed the memoranda filed by the parties in support of their respective positions, the Defendant's Motion to Amend her Joinder Complaint is GRANTED. She may substitute "Judith Seroski as personal representative of the ESTATE OF KENNETH SEROSKI" for "Kenneth Seroski" as the add ianal Defendant. the Court, Edward E. Guido, J. /ohn Yaninek, Esquire For the Plaintiff /hni Henley Allen, Esquire For the Defendant /aun J. Mumford, Esquire tco? c C .-G! Wd CZ NVW LDDZ AdAQN&HiC,U 3N1 ?O 3OU10--03113 F TILES\Miseellaneous\Miscellaneous. arbitration.order-dltdl/ajt Created: 02/03100 1030 I I AM Revised: 06/18/07 09 25.19 AM JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant V. KENNETH GEORGE SEROSKI, Additional Defendant TO: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL ACTION - LAW Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Judith A. Seroski 208 3rd Street Ranshaw, PA 17866 ORDER AND NOW, thi sday of June 2007, due to a conflict involving Daniel K. Deardorff, ? Esquire, it is hereby ordered that George B. Faller, Jr., Esquire, be appointed to replace Attorney Deardorff as Chairman of the Arbitration Board in the above-captioned case. ,*V ,? 6n F. yanineh, E"_ BY THE CO Jenni Henley Allen, Est T Judi+h A . SeroS6 ,Pro ?e Geo? B. Wler+Jr, Esc n p? &rba,-"S` u.* &Ali?, 64_ Edgar B. Bayley, resident J (• e'I iza,6eth 6.8+one, Es_ i ?M w :- co ?.s C"1 Jean Marie Vargas Foschi Plaintiff Marilyn Sue Pucek Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 05 - 5564 Civil Action - Law. Kenneth George Seroski, Additional Defendant. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonweal d e will discharge the duties ur office with fidelity. Si tore ignature George B. Faller, Jr. Barbara Sumple-Sullivan ?EliSzeth B. Stone Name (Chairman) Name N wMartson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, zip Law Firm 549 Bridge Street Address New Cumberland, PA 17070 City, zip Stone, LaFaver & Shekletski Law Firm 414 Bridge Street Address New Cumberland. PA 17070 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: Date of Award: Now, the _ day of _ entered upon the docket and notice 20J)PIl, at , A M., the above award was f given by mail to the parties or their attorneys. R k<+ ofnrc?' rn-?ttlanc?fi?t? in 11e 1?IC i?Csr1a?rieal: 3Q. 00 - t--A?L v: Prothonotary Notice of Entry Deputy r-a n ?. . rnn OD F P., 3t opt DF? roo ? F ` 4 1 JEAN MARIE VARGAS FOSCHI, Plaintiff VS. MARILYN SUE PUCEK, Defendant and KENNETH GEORGE SEROSKI, Addt'I Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED MOTION TO AMEND CAPTION VIA STIPULATION AND NOW, comes Marilyn Sue Pucek, by her attorneys NEALON GOVER & PERRY, and files the following Motion: 1. On March 22, 2007, this Honorable Court granted Defendant's Motion to Amend Joinder Complaint and indicated that she may substitute "Judith Seroski as personal representative of the Estate of Kenneth Seroski" for "Kenneth Seroski" as the Additional Defendant. 2. The Additional Defendant Complaint was previously filed in this matter. 3. The Defendant seeks via Stipulation to substitute and direct the Prothonotary to amend the docket to reflect that the Additional Defendant should be named as "Judith Seroski as personal representative of the Estate of Kenneth Seroski". 4. The amendment is agreed to by the parties and has been directed by this Honorable Court. 5. It is acknowledged that the Additional Defendant has twenty days from the execution of this Order to answer the Additional Defendant Complaint in this matter. WHEREFORE, the parties herein respectfully request this Honorable Court to amend the caption as set forth in this Petition and allow the Additional Defendant twenty days to respond to the Complaint. Respectfully submitted, Date: 6 , ZX tO --) Date: ( o f n7 By Matt w R. Gover, Esquire NEALON GOVER & PERRY Attorney I.D. No. 47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 By, Shaun JPf1A ford, Esquire MARGOLI DELSTEIN Attorney I. . No. tqW? 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 -- CERTIFICATE OF SERVICE AND NOW, this (day of 2007, 1 hereby certify that I have served the foregoing MOTION TO AMEND CAPTION VIA STIPULATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Yaninek, Esquire Mette Evans and Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Shaun Mumford, Esquire 3510 Trindle Road Camp Hill, PA 17011 Ma hew R. Gover, Esquire N ;1 1 ?. 2 NEALON GOVER & PERRY MAHMG ADDRESS: ? 2411 N. FROMr Sr. NG&P 7 HARRiSMG, PA 17110 L __ PH: 717.232.9900 ATTORNEYS AT LAW FAx: 717.236.9119 June 29, 2007 Curt Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Foshi v. Pucek Docket No.: 05-5564 Dear Mr. Long: 101 S. DUKE STIM YORK, PA 17403 PH: 717.852.7888 FAx: 717.852.8087 MATTHEW R. GOVER mattgover@ngplawfirm.com Enclosed please find an original and one copy of a Motion to Amend Caption Via Stipulation in the above-captioned matter. Please file the original and return the time- stamped copy to me in the enclosed self-addressed envelope. Additionally enclosed are an original and three copies of a proposed Order and addressed stamped envelopes for mailing the Order to all parties involved. If you need anything further, please don't hesitate to contact me. Thank you for your attention to this matter. :Ve r ly yours, Matth R. Gover NEALON GOVER & PERRY M RG/Iss Enclosures cc: John Yaninek, Esquire w/enc. Shaun J. Mumford, Esquire w/enc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?106t . t1 Plaintiff Vs mat;),, u? t? efendant File No, fly - 55L"h Civil Term ? e-r Yt 1as ? I NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that SAP appeals from the award of the board of arbitrators entered in this case on _ J"e., 28 _XU0 A jury trial is demandedX- _. (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) 11 or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. Jean Marie Vargas Foschi Plaintiff Marilyn Sue Pucek Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 05 - 5564 Civil Action - Law. Kenneth George Seroski, Additional Defendant. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonweal d e will discharge the duties ur office with fidelity. Si tore ipa=e George B. Faller, Jr. Barbara Sump -su livan Eliz eth B. Stone Name (Chairman) Name / N Martson Law Offices Law Firm 10 East High Street Address Stone, LaFaver & Shekle'rski Law Firm Law Firm 549 Bridge Street 414 Bridge Street Address Address Carlisle, PA 17013 New Cumberland, PA 17070 New Cumberland, PA 17070 City, zip City, zip city, zip st 11783 # ITN 16(O79' Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages fo; delay are awarded, they shall be separately stated.) Date of Hearing: June 25, 2007 Date of Award: June 25, 2007 r ro. . Arbitrator, dissents. (Insert name if applicable (Chairman) All Not-ace of Entry _ ?7"'wr Now, the day of , 2001at a 38 A .M., the above 4\? entered upon the docket and notice thereof given by mail to the parties or their attorneys. A ;trat ?S' rL,mnPnc`f _1 I?J ?t u inrt in he, paid upon a -meal: 1 Q. QQ V _ a - B `7' I tO Prothonotary Deputy r-a T - . --- n FT? tV 00 3 C rri ??. -< co Mai Jer ? ?$ p? i V .V- a CERTIFICATE OF SERVICE AND NOW, this day of J 2007, 1 hereby certify that I have lz?s served the foregoing NOTICE OF APPEAL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Yaninek, Esquire Mette Evans and Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Shaun Mumford, Esquire 3510 Trindle Road Camp Hill, PA 17011 ase G. Shore, Esquire w ..? "`' c. ? ? Q __.., c-': ? ? -ry :-?? ?, v ? [' ^ ? Tom` V ?vv - { . w C...? __ .-t `Ts _ ^ V ? ....? f'^? _t ?? ?.?_J ? \\ \? BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkrontbal@margolisedelstein.com Attorneys for Additional Defendant File#34025.4-00014 JEAN MARIE VARGAS FOSCHI Plaintiff V. MARILYN SUE PUCEK Defendant V. KENNETH GEORGE SEROSKI Additional Defendant To: Jean Marie Vargas Foschi c/o Mr. John Yaninek, Esquire 3401 N. Front Street Harrisburg, PA 17110 Marilyn Sue Pucek c/o Matthew Gover, Esquire 2411 N. Front Street Harrisburg, PA 17110 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF ADDITIONAL DEFENDANT, Kenneth George Seroski, within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, MARGOLIS EDELSTEIN Date: 7 By: ID No. r67 Shaun J. Mord ID No. 841R'6 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Additional Defendant BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com JEAN MARIE VARGAS FOSCHI Plaintiff V. MARILYN SUE PUCEK Defendant V. KENNETH GEORGE SEROSKI Additional Defendant Attorneys for Additional Defendant File#34025.4-00014 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5564 CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER OF ADDITIONAL DEFENDANT TO JOINDER COMPLAINT AND NOW, comes Additional Defendant, Judith Seroski ("Additional Defendant"), representative for the Estate of Kenneth Seroski ("Decendent"), by and through her counsel, Margolis Edelstein, to answer the Joinder Complaint of Defendant, Marilyn Sue Pucek ("Defendant"), and avers the following in support thereof: 1. Admitted in part and denied in part. It is admitted that the above-captioned matter was commenced by Plaintiff, Jean Marie Vargas Foschi ("Plaintiff'), by way of a Complaint filed on May 19, 2006, and that a true and correct copy of said Complaint is attached to the Joinder Complaint as Exhibit "A." The averments of said Complaint are denied generally pursuant to Pa.R.C.P. No. 1029(e). 2. Admitted. 3. Denied. Plaintiff's Complaint is a document which speaks for itself and Defendant's interpretation thereof is, therefore, denied. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Decedent was operating a 2001 Ford on State Route 15 in Camp Hill, Cumberland County, Pennsylvania, and entering State Route 15 north from an on ramp. Defendant's suggestion that Decedent was "hugging a bridge to the right, trying to merge into traffic" is denied pursuant to Pa.R.C.P. No. 1029(e). 6. Denied. The averments in this paragraph are denied generally pursuant to Pa.R.C.P. No. 1029(e). 7. Denied. The averments in this paragraph are denied generally pursuant to Pa.R.C.P. No. 1029(e). 8. Denied. The averments in this paragraph are denied generally pursuant to Pa.R.C.P. No. 1029(e). 9. Denied. The averments in this paragraph are denied generally pursuant to Pa.R.C.P. No. 1029(e). 10. Admitted. 11. Denied. The averments in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. Further, it is specifically denied that Decedent failed to: (a) Yield to oncoming traffic; (b) Drive on roadway's laned for traffic; (c) Keep appropriate lookout or pay special attention to the approaching traffic; and (d) Meet minimum speed requirements. 12. Denied. The averments in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. WHEREFORE, Additional Defendant, Judith Seroski, seeks judgment in her favor and against Plaintiff and Defendant, with costs assessed to Plaintiff and Defendant. NEW MATTER 13. The foregoing paragraphs are incorporated herein by reference as if set forth at length. 14. Additional Defendant entered into a Joint Tortfeasor Release with Plaintiff prior to the filing of the Joinder Complaint by Defendant. A copy of the Joint Tortfeasor Release is attached hereto as Exhibit "A." 15. Additional Defendant pleads all defenses available under the attached Joint Tortfeasor Release. 16. Specifically, pursuant to the Joint Tortfeasor Release, Plaintiff agreed to indemnity and hold harmless Additional Defendant against any claims which may be brought relating to the subject motor vehicle accident. MARGOLIS EDELS Date: Barry AC? ID# 55672 Shaun J. MuniFord ID# 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 M:\mdir\l Kemper\34025.4-00014\Pleading\Answer to Joinder.6-5-07.wpd ??????? JUN-i-35 2007 10:01RM HP LFISERJET 3200 p.2 r ..01 vu, IJvc IV 10 rAA I IIarod IZ4 MARGOLIS EDELSTEIN 16002/005 04/2842006 10:22 FAX 1179738124 NAR00LIS EDELSTEIN G110021005 UQg-BATA JOINITOR'r'Rp S12R R, l-F SE QF011E 14RTFLA9ait FOR AND IN CONSIDERATION of the sure of Four Thousand Dollars ($4,000.00) paid to the undwsiped, J tan Marie Vargas Foschl and other good and valuable consideration, receipt and sufficiency of which is hereby aclarowledged, undersigned agtem to fury Iclease, discharge and hold harmless and indemnify Kenae* A. Seroski, the Estate of Keane* A. Seroski, Judith A. Seroski, individually and as the personal repmentatvc of the Estate of Ksoneth A. Seroski, and American Protectlon Iusuracce Company, their heirs, executors, administrators, agents, servants sad attorneys and/or successors, from any or all causes of action, claims and demands of whatsoever )dad on account of all known and anknown injuries, tosses anti damages allegedly sustained by the undersigned on or about November 7, 2003, at or near SR 0015, East Peansbore Twusblp, Cumberland County, Pennsylvania, and on account of wbieb s Iegai action was commenced in the Court d Common I% u of Cumberland County, ]PenasYlvalula, at Docket Number 204S-05564 P and, speaifloally, $orn any claims, or joinders, for sole liability, eonvibutiaa, inderaaity or otherwise as a result of, arisiAg from, or in anyway connected with injuries and/or damages sustained by underrigad ad the handling thereof $om the inooption of the claim until the due of this full said final Release, Ile undersigned wdetat.AaU and agreos that the aeaeptanoe of said sum is not an admission of liability by any party named berein. It is expressly understood and agreed that this Release and settlement is intended to cover and does cover not only all now known iWuuios, losses mW damages, but any further injuries, losses and damages which arise from or an related to the accident noted above arA the baadiing - I - i JUN.05 2007 10:01RM HP LRSERJET 3200 /b9/FOb6 14 19 FAX 7179758124 MARGOLIS EDELSTEIN 1&0031005 P? 3 o4/28/2006 10:22 FAX 1179750124 NAA80LIS EDELSTEIN 20031008 and defense thcroof. Relcasec does not export raitabursement of attorn4ye' fees or costs related to its defenses. It is further understood end agrccd that the undersigned s=c von the right to pursue my claim she may have against every other person and rcoe[vos the right to tribe claim that they, and not this settling party herein, are solely liable to cite undersigned for her injuries, losses and damages. The liability of any and all other tortfcarors other than this smlatg party is not extinguished by this Release and the undenigned specifically reserves all claims or causes of action arising out ofthe above mentioned incident against arty and all other tortfearors. In the event that any other person or persons, firm or amity not WAS reloAsed by the terms of this Release, or not heretathre having been released by me ftct ali claims with respect to this accident, is or are judged to be liable to me jointly with this settling party for cry alleged lrtjwios, losses and damages as s rosult of the aeoidmt described above, i agrcc that any claim, Judgment or ultimate recovery I may obtain against any and every other person or pemons, firm or entity shxtl be reduced to the extent of the pm-rata or pencmtage share of causal negligaaoc, or pro-rata or perceatagc share of conVarativo causation. or fault of this sct ttg party to that there cannot be say right of contribution or idemaificetion by ruch other non-.oeti ling peasons, firms or anti dea against this settling party under any conoeivable theory. It is the specific intention of the parties to this Rcloaso Oat this Joint Tortfewam Release shall operate as a Releaao of the settling perry only, and &hall conform to, and be governed by, the provisions of the Uniform ContnUtion Among Joint Tort-fcasors Act as enacted by the Commonwealth of Partrtsylvads, 42 Pa. C.S.A. Section 6321. arsaq., and as modified by the -2- JUN IDS 2007 10:01RM HP LASERJET 3200 p.4 •05/09/2006 14.19 FAX 7179758124 MARGOLIS EDELSTEIN IA 004/005 04/28/2006 10:23 FAX 7179759124 MARGOLIS EDELSTEIN 20041005 provisions of the pa msylvaaia Comparative Negligence Act, 42 Pa. C.S.A. Section 7102, ri seq., and as further modified by the specific agreement of the parties hMto and that this Joint Tortfeasors Raleaso shall, in addition, extinguish all liability of this settling putt' for indemnity and/or contribution to me or to any other person or persons, &ma and/or entities. If it should appear, or be adjudicated in any suit, action or proceeding, that this settling party corn=itted any tort jointly with any otbier person or pwons, firm at entities, which mead my alleged Wuries, losses or dam 4m. tben, as further mosidesation for the payment nude under this Joint Tortfoasors Rcleme, I hereby agree to index Wy and forever save harmless this settling patty, its insurers, executors, adm{nisvWz", heirs, saccessors and assigns of and from any 103, claim, or liability growing out of any claims, dmAWs, actions or suits tZairust this Settling party for contribution arWor indemnity by any other person or persons, films or entities on account of, or in any u=nar relating to or resulting flotn, the aeoide nt deac ibed above. I agree that I will reduce my claim or satisfy any verdict or judgtmeat to the extent necessary io oHminatc any hrdw liability of this settling party either to Y or to say party claiming contribution and/or indemnity. It is fitter understood and agreed that thin is the complete Release agreement, and that there are no writWu or oral understandings of agreements, directly or indirectly connected with tbu RAlesse and same mcat that are not Incorporated herein. This agreement shall be binding upon and mwe to the successar:, assips, heirs, executors, administrators, and. legal represaatstivcs of the respected parties hasto. •3- JUN 135 2007 10:01AM HP LASERJET 3200 -05/09/2006 1420 FAX 7179756124 MARGOLIS EDELSTEIN 04/2612006 10:23 FAX T179T56124 NARPOLIS EOELSTEIN A,J?TN w1TNUS wx 01r, I have harmto act my hand And sal ibis day of 10 aw. witness p.5 ® 005/005 Q005/005 -4- VERIFICATION I, Judith Seroski, state that I have read the foregoing Answer with 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.A. § 4904, relating to unsworn falsification to authorities. Date: J - (?2 14 ??: - J ith Seroski Foschi v. Seroski CERTIFICATE OF SERVICE , I, the undersigned, do hereby certify that I have this A day of It, A 2007, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Mr. John Yaninek, Esquire 3401 N. Front Street Harrisburg, PA 17110 Matthew Gover, Esquire 2411 N. Front Street Harrisburg, PA 17110 MARGOLIS EDELSTEIN By: Carol Moose M:\mdir\l Kemper\34025.4-00014\Pleading\Answer to Joinder.6-5-07.wpd f + PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO TIE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ? for trial without a jury. - -------------------- - - - - -------- - -------- - -- - ------ - ----------------------- - ------ CAPTION OF CASE (entire caption must be stated in full) (check one) Jean Marie Vargas Foschi (Plaintiffl VS. Marilyn Sue Pacek (Defendant) VS. Kenneth George Seroski (Additional Defendant) ? Civil Action - Law ® Appeal from arbitration (other) The trial list will be called on March 17. 2009 and Trials commence on April 13, 2009 Pretrials will be held on March 25, 2009 (Briefs are due 5 days before pretriah No. 05-5564 Term Indicate the attorney who will try case for the party who files this praecipe: John F. Yaninek, Esquire Indicate trial counsel for other parties if known: Casey G. Shore, Esquire; Shaun J. Munford, This case is ready for trial. Signed: Print NamY John ". aninek, Esquire Date: 1^ (" 9 Attorney for: Plaintiff f- CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document 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 at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 and Shaun J. Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Respectfully submitted, METTE, EVANS & WOODSIDE By: J F. Yani , Esquire p. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: 509892v1 CIS Zs a h ,? Y R W C - ; N r JEAN MARIE VARGAS FOSCHI, Plaintiff v MARILYN SUE PACEK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v KENNETH GEORGE SEROSKI, Additional Defendant 05-5564 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 17th day of March, 2009, upon consideration of the call of the civil trial list, and no party having called the above-captioned case for trial, it is stricken from the trial list. Ahn F. Yaninek, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 /Casey G. Shore, Esquire ??2411 North Front Street Harrisburg, PA 17110 Xhaun J. Mumford, Esquire 3510 Trindle Road Camp Hill, PA 17011 Court Administrator :mae J By the Court, 0-t; ? ?-' C-I tT ;cry N U PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. -- - - - ------- - ----- - ---- - - - ---------- - - ------ - - ---- CAPTION OF CASE (entire caption must be stated in full) (check one) Jean Marie Vargas Foschi (other) VS. Marilyn Sue Pucek The trial list will be called on June 2, 2009 and Trials commence on June 29, 2009 VS. (Plaintiff) (Defendant) Pretrials will be held on June 10, 2009 (Briefs are due S days before pretrials Kenneth George Seroski, No. 05-5564 Term (Additional Defendant) Indicate the attorney who will try case for the party who files this praecipe: John F. Yaninek, Esquire - Mette, Evans & Woodside Indicate trial counsel for other parties if known: Casey G. Shore, Esquire, Counsel for Defendant Pucek Shaun J. Mumford, Esquire, Counsel for Additional Defendant Seroski This case is ready for trial. Date: Q Signed: Print Nan John F. Attorney for: Plaintiff ? Civil Action - Law ® Appeal from arbitration k, Esquire 0 4 4 FILED--!l5'F iCE 2009 APR 16 PH 2: 17 ,.),5. 00 pd . (A 9 I J 63 4, d Ivar9 I JEAN MARIE VARGAS FOSCHI, Plaintiff V. MARILYN SUE PUCEK, Defendant v. #12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5564 CIVIL TERM JUDITH SEROSKI, As CIVIL ACTION - LAW Personal Representative of the Estate of Kenneth Seroski, Additional Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE C7 ? .v r? ?-' xsf __,_ z C ca A pretrial conference was held on Wednesday, June 10, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was John F. Yaninek, Esquire. Present for the Defendant was Casey G. Shore, Esquire. Present for the Additional Defendant was Barry A. Kronthal, Esquire. This is a uncomplicated motor vehicle accident. The Defendants admit joint liability. The only issue at trial will be the nature and extent of the Plaintiff's injuriles caused by the accident. Additional Defendant Kenneth Seroski has since died. His wife, Judith Seroski, is acting as his personal representative. They have settled their portion of theycase with a joint tortfeasor release. While Mr. Kronthal will be appearing at trial, Mrs. Seroski will not. The parties estimate that the case will take one half day to try. None of the parties have any conflicts. Ms. Pucek is insured by Allstate. Therefore, settlement will not occur. I Page 2 - Pretrial Conference No. 2005-5564 Civil Term John F. Yaninek, Esquire Attorney for Plaintiff Casey G. Shore, Esquire Attorney for Defendant Barry A. Kronthal, Esquire Attorney for Additional Defendant Court Administrator srs J III UL l.f�� P��h!SYL.WA�i�1 CO"" Heather Z. Kelly, Esquire Sup. Ct. I.D.No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 (717) 232-5000—Phone (717) 236-1816—Facsimile hzkelly @mette.com JEAN MARIE VARGAS FOSCHI, IN THE COURT OF COMMON PLEAS OF Plaintiff MtstCOUNTY, PENNSYLVANIA Ci,�.r+tila�✓land V. OCKET NO. 2005-5564—Civil Term MARILYN SUE PUCEK, : Defendant V. JUDITH SEROSKI, As Personal Representative of Kenneth Seroski, Additional Defendant PRAECIPE FOR SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: WITHDRAWAL OF COUNSEL Please withdraw the appearance of John F. Yaninek, Esquire and the law firm of Thomas, Thomas and Hafer as counsel for Plaintiff, Jean Marie Vargas Foschi. Respectfully submitted, THOMAS, THOMAS & HAFER By: J F. Yanin Es ire S Ct. ID No. 55741 P.O. Box 999 Harrisburg, PA 17108 Date: July 11, 2013 ENTRY OF APPEARANCE Please enter the appearance of Heather Z. Kelly, Esquire, Mette, Evans & Woodside. Papers may be served on the Plaintiff at the address below. Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly,Ysquire Sup. Ct. I.D. No. 86291 3401 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Date: July 11, 2013 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document 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 at Harrisburg, Pennsylvania, with first-class postage,prepaid, as follows: Casey G. Shore,Esquire Barry A.Kronthal,Esquire 2411 North Front Street Margolis Edelstein Harrisburg,PA 17110 3510 Trindle Road Attorney for Defendant Camp Hill, PA 17011 Attorney for Additional Defendant John F.Yaninek,Esquire Thomas,Thomas&Hafer P.O.Box 999 Harrisburg,PA 17108 Respectfully submitted, METTE, EVANS & WOODSIDE By: eather Z. Kell squire Sup. Ct. I.D. No. 86291 3401 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Date: July 11, 2013 608578v1 r Pr',�S r L"I'D Ca YL VA N44,N r METTE,EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 (phone) (717) 236-1816 (fax) hzkelly @mette.com Attorneys for Plaintiff JEAN MARIE VARGAS FOSCHI IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2005-5564—Civil Term MARILYN SUE PUCEK, Defendant V. JUDITH SEROSKI, As personal Representative of Kenneth Seroski, Additional Defendant PRAECIPE TO SETTLE, END AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended and discontinued with prejudice. y' v Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 Date: July 9, 2013 Attorneys for Plaintiff r CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document 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 at Harrisburg, Pennsylvania,with first-class postage,prepaid, as follows: Casey G. Shore, Esquire 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant Barry A. Kronthal,Esquire Margolis Edelstein 351 O Trindle Road Camp Hill, PA 17011 Attorney for Additional Defendant Respectfully submitted, METTE, EVANS &WOODSIDE By: Heather Z. Kell squire Sup. Ct. I.D.No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: July 9, 2013 Attorneys for Plaintiff