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HomeMy WebLinkAbout06-7256William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Lam Office 57 W. Pomfret St. Carlisle, PA 17013 Telephone (717) 243-1790_ Tina K. Morrow In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06- 7.259 Civil Term Robin Meczywor 41 Dannah Drive Carlisle, PA 17013 Civil action law Defendant Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Robin Meczywor. William P. Dougl Esq. Attorney for tiff date: December 21, 2006 FYI f4i c - ; -i vi cl? Commonwealth of Pennsylvania County of Cumberland Tina K. Morrow In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06- 7.2S(. Civil Term Robin Meczywor 41 Dannah Drive Carlisle, PA 17013 Civil action law Defendant Jury Trial Demanded Writ of Summons To: Robin Meczywor 41 Dannah Drive Carlisle, PA 17013 You are hereby notified that Tina K. Morrow has brought an action against you. date: December 21, 2006 William P. Douglas, Esq. Douglas Law Office 57 W. Pomfret St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff D Pro onotary STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 Attorney for Defendant, FAX: (717) 975-8124 Robin Meczywor E-mail: sbanko(Mmargolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, NO. 06-7256 CIVIL TERM Plaintiff CIVIL ACTION - LAW V. ROBIN MECZYWOR, JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of Defendant, Robin Meczywor, in the above-captioned action. MARGOLIS EDELSTEIN Date: January 2007 By: J/P Ste L. anko, Jr. Att ney No. 41727 Counsel for Defendant, Robin Meczywor .00 f CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the woday of January, 2007 and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintiff) Angela Ij. Gayman, Secroi?ary .. .u.. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko@margolisedelstein.com Attorney for Defendant, Robin Meczywor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, NO. 06-7256 CIVIL TERM Plaintiff CIVIL ACTION - LAW V. ROBIN MECZYWOR, JURY TRIAL DEMANDED Defendant ----- ------------------------------------------------------------------- -------------------------- ------------------- PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Date: January f 2007 By: 4rrSEh-en L. Banko, Jr. ey No. 41727 Counsel for Defendant, Robin Meczywor r 1b. RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. & W 4 4) Dated: J.-1,0 I? -26cj7 /!,Ml PProthoXotary,,,,4?-- / CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of January, 2007, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintiff) i Angela Cayman, SecretArv rya ?r- rT, J L? J L 1 rtI) ` • R STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 Attorney for Defendant, FAX: (717) 975-8124 Robin Meczywor E-mail: sbankoD-maroolisedeistein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, NO. 06-7256 CIVIL TERM Plaintiff CIVIL ACTION - LAW V. : JURY TRIAL DEMANDED ROBIN MECZYWOR, Defendant --------------------------------------------------------------------------------------------------------------------- PROOF OF SERVICE The undersigned hereby certifies that a true and correct copy of Rule to File Complaint of Defendant, Robin Meczywor, was served upon the person and in the manner indicated below: Service by First Class Mail William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintiffs) MARGOLIS EDELSTEIN Date: January ? 2007 By: StepKen L/Banko, Jr., Esquire Attorney No. 41727 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the T day of January, 2007, and addressed as follows: Greer H. Anderson, Esquire 1601 Cornwall Road Lebanon, PA 17042 (Counsel for Plaintiffs) Oml.l? ?fl 4mvi Angela . Gayman, Secret ?..? ? ?? ?, ::> ?. _?? t -- t?- _?- _,,. rZ.? ? ? ?? ?? .jrr?. ?? r_,.i ;? William P. Douglas, Esq. Supreme Court LD. #37926 Douglas Lam Office 57 W. Pomfret St. Carlisle, PA 17013 Telephone (717) 243-1790_ Tina K. Morrow In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06 - 7256 Civil Term Robin Meczywor Civil action law Jury Trial Demanded Defendant 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 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. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 BY DATE: February 23, 2007 Complaint The plaintiff, Tina K. Morrow is an adult individual residing at 319 Dwelling Court, Shippensburg, Pennsylvania. 2. The defendant, Robin Meczywor, is an adult individual residing at 41 Dannah Drive, Carlisle, Cumberland County, Pennsylvania. 3. On or about, December 23, 2004, the plaintiff Tina K. Morrow, was operating her vehicle in the Borough of Carlisle on College Street. 4. At about the same time and place, the defendant was operating her vehicle on a perpendicular street and failed to stop at a stop sign and failed to yield to traffic lawfully in the intersection and proceeded to collide with the vehicle occupied by the plaintiff. 5. The impact occurred as a direct and proximate result of the defendant's negligence. 6. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to yield to traffic lawfully in the intersection; d) failing to obey traffic control devices. 7. As a direct and proximate result of the negligence of the defendant the plaintiff, Tina K. Morrow, was injured. Her injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) injury to her spine and supporting structures; b) injury to her nerves and nervous system; c) various sprains/ strains 8. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 9. As a result of her injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 10. As a result of her injuries, the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 11. As a result of the injuries the plaintiff sustained on December 23, 2004, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. 12. As a direct and proximate result of the negligence of the defendant the plaintiff was required to incur expenses not covered by automobile insurance. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully s miffed, William P. Douglas, Es February 23, 2007 Attorney for Plaintiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas Attorney for Plaintiffs Date: February 23, 2007 C'1 ' Cn ^ , "may f t l n s rt CD ?v W r.? STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&-margolisedelstein.com Attorney for Defendant, Robin Meczywor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, Plaintiff V. NO. 06-7256 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ROBIN MECZYWOR, Defendant --------------------------------------------------------------------------------------------------------------------- PRELIMINARY OBJECTION OF DEFENDANT, ROBIN MECZYWOR, TO PLAINTIFF'S COMPLAINT - P.A. R.C.P. NO. 1028(a)(2) 1. Pursuant to a Rule to File Complaint, Plaintiff filed her Complaint in the above-captioned action on or about February 26, 2007. A copy of said Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. 2. The Complaint does not include a Verification executed by Plaintiff. Rather, it contains an Affidavit from her counsel, William P. Douglas, Esquire. 3. The Affidavit by Attorney Douglas is not in compliance with the requirements of Pennsylvania law. 4. Pa. R.C.P. No. 1024 provides in relevant part: (a) Every pleading containing an averment of fact not appearing of record in the action ... shall state that the averment ... is true upon the signer's personal knowledge or information and belief and shall be verified. (c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. 5. Attorney Douglas' Affidavit does not state that Plaintiff is outside the jurisdiction of the court and a verification could not be obtained within the time allowed for filing of the Complaint. Moreover, counsel for Plaintiff never requested an extension to file a properly verified Complaint. Additionally, there is no doubt that Plaintiff would have superior knowledge as to the happening of the accident and the results thereof, to that of her lawyer. 6. Pa. R.C.P. No. 1028(a)(2) provides that: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court.... 7. The Affidavit by Attorney Douglas specifically fails to conform to Pa. R.C.P. No. 1024(c) and, therefore, the Complaint is properly stricken, pursuant to Pa. R.C.P. No. 1028(a)(2). WHEREFORE, Defendant, Robin Meczywor, prays this Honorable Court enter an Order striking Plaintiff's Complaint pursuant to Pa. R.C.P. No. 1028(a)(2) for failure to -2- comply with the requirements of Pa. R.C.P. No. 1024(c). MARGOLIS EDELSTEIN Date: March , 2007 By: 91 Ste a L. 113anko, Jr. Atto ey No. 41727 Counsel for Defendant, Robin Meczywor -3- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the day of March, 2007 and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintiff) Angelall M. Gayman, ecretary ? ? °"9 .-'? -?? s -?, (*J 1("l ?'' -? ' ' ...?. ?-3 ti 1" ? , , L.. '?? ? , , ..,--- ? -4 ; a _A9 William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 57 W. Pomfret St. Carlisle, PA 17013 Telephone (717) 243-1790 Tina K. Morrow In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06 - 7256 Civil Term Robin Meczywor Civil action law Jury Trial Demanded Defendant 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 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. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: March 6, 2007 BY 5? Amended Complaint 1. The plaintiff, Tina K. Morrow is an adult individual residing at 319 Dwelling Court, Shippensburg, Pennsylvania. 2. The defendant, Robin Meczywor, is an adult individual residing at 41 Dannah Drive, Carlisle, Cumberland County, Pennsylvania. 3. On or about, December 23, 2004, the plaintiff Tina K. Morrow, was operating her vehicle in the Borough of Carlisle on College Street. 4. At about the same time and place, the defendant was operating her vehicle on a perpendicular street and failed to stop at a stop sign and failed to yield to traffic lawfully in the intersection and proceeded to collide with the vehicle occupied by the plaintiff. 5. The impact occurred as a direct and proximate result of the defendant's negligence. 6. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to yield to traffic lawfully in the intersection; d) failing to obey traffic control devices. 7. As a direct and proximate result of the negligence of the defendant the plaintiff, Tina K. Morrow, was injured. Her injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) injury to her spine and supporting structures; b) injury to her nerves and nervous system; c) various sprains/ strains 8. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 9. As a result of her injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 10. As a result of her injuries, the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 11. As a result of the injuries the plaintiff sustained on December 23, 2004, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. 12. As a direct and proximate result of the negligence of the defendant the plaintiff was required to incur expenses not covered by automobile insurance. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully miffed, William P. Douglas, Es March 6, 2007 Attorney for Plainti VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 3- 5 0-7 Jt4-? Date Tina Morrow t-l') C7 - ;-FV 1 ? \ r i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) TINA MORROW (Plaintiff) vs. ROBIN MECZYWOR (Defendant) No. 96 , 7256 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objection fn Plaintiff's Complaint 2. Identify counsel who will argue cases: (a) for plaintiff. William P- Do ugl as l Douglas Lawn Office (Name and Address) 57 West Pomfret Street, Carlisle, PA 17013-0261 (b) for defendant: Stephen L. Banko, Tr_/Margolic Rdaletain Name apd Address) 3510 Trindle Road, amp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. See attached Certificate of Service. 4. Argument Court Date: Steft9n ] Print your name Date: March 6, 2007 Banko, Jr. Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the day of March, 2007 and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintiff) Ang la . Gayman, cretary n ' { ? ?? ? _ _ ,?; , t. ;_ "? JP "4FA. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&-margolisedelstein.com Attorney for Defendant, Robin Meczywor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, V. ROBIN MECZYWOR, NO. 06-7256 CIVIL TERM Plaintiff CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant --------------------------------------------------------------------------------------------------------------------- PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark as "withdrawn" the Preliminary Objections of Defendant, Robin Meczywor, to Plaintiff's Complaint as Plaintiff has filed n Amended Complaint. Date: March 2007 By: Step L. B nko, Jr. Attor ey No. 41727 Counsel for Defendant, Robin Meczywor .-4% A%- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- QP class postage prepaid, on the - )1 day of March, 2007, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintifo Angela M Gayman, Secre ry rz .. .. F^s 4t 4 .. 5 ' 1 _ ? F STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(d)_margolisedelstein.com Attorney for Defendant, Robin Meczywor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, Plaintiff V. ROBIN MECZYWOR, Defendant NO. 06-7256 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Tina Morrow c/o William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 Attorney for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: March 23 , 2007 MARGOLIS EDELSTEIN By: Step en L. Banko, Jr. Attorney No. 41727 Counsel for Defendant, Robin Meczywor i r STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&-margolisedelstein.com Attorney for Defendant, Robin Meczywor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW, Plaintiff V. ROBIN MECZYWOR, Defendant NO. 06-7256 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT. ROBIN MECZYWOR, TO PLAINTIFF'S AMENDED COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averment concerning the current residence address of Plaintiff and, therefore, it is denied. 2. Admitted in part and denied in part. Defendant currently resides at 135 North Hanover Street, Apt. 3, Carlisle, Carlisle, PA 17013. 3. Admitted in part and denied in part. As to the ownership of the vehicle Plaintiff was operating at the time of the motor vehicle accident which forms the basis of the instant action, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. r 4. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. To the extent a response is deemed to be necessary, Defendant stopped at a stop sign controlling her lane of traffic. However, she believed that the intersection was controlled by a four-way stop sign and after stopping, proceeded into the intersection. 5. Denied. The answer contained in paragraph four hereof is incorporated herein by reference as if set forth in its entirety. 6(a-d) Denied. The answer contained in paragraph four hereof is incorporated herein by reference as if set forth in its entirety. 7. Denied. The answer contained in paragraph four hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with regard to any allegation that Plaintiff sustained personal injury as a result of the motor vehicle accident described in Plaintiff's Complaint, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 8. Denied. After a reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 9. Denied. After a reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 10. Denied. After a reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 11. Denied. After a reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 12. Denied. After a reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. WHEREFORE, Defendant, Robin Meczywor, demands judgment in her favor and against Plaintiff. NEW MATTER 13. The answers contained in paragraphs 1-12 hereof are incorporated herein by reference as if set forth in their entirety. 14. Plaintiffs claim for non-economic damages is governed by her tort selection pursuant to 75 Pa.C.S.A. § 1705. WHEREFORE, Defendant, Robin Meczywor, demands judgment in her favor and against Plaintiff. MARGOLIS EDELSTEIN Date: March '2,3, 2007 By: S* dh L Banko, Jr. Atto ey No. 41727 Counsel for Defendant, Robin Meczywor VERIFICATION I, Robin Meczywor, have read the foregoing Answer and New Matter which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: ROBIN MECZ R CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- ekj class postage prepaid, on the I day of March, 2007 and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintifo i Ange M. Cayman ecretary r.? t M1 William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 57 W. Pomfret St. Carlisle, PA 17013 Telephone (717) 243-1790_ Tina K. Morrow In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06 - 7256 Civil Term Robin Meczywor Civil action law Jury Trial Demanded Defendant Reply to New Matter 13. The allegations contained in paragraphs 1 through 12 of the amended complaint are incorporated herein and reference is made thereto. 14. Admitted. The plaintiff has elected full tort. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant and the defendant's new matter be dismissed. Respectfully submitted, William P. Douglas, E March 28, 2007 Attorney for Plain AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. A 1 William P. Douglas Attorney for Plaintiffs Date: March 28, 2007 C O t tuo ' `'. rn WILLIAM P. DOUGLAS, ESQUIRE SUPREME COURT I.D. NO. 37926 DOUGLAS LAW OFFICE 57 WEST POMFRET STREET CARLISLE, PA. 17013 717-243-1790 TINA MORROW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 06-7256 CIVIL TERM ROBIN MECZYWOR JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, William P. Douglas, Esquire, Attorney for Plaintiff, Tina Morrow, files the following Answer to Defendant's Request for Production of Documents: 1. Any documents in plaintiff's possession have been supplied in the Answers to Interrogatories. 2. We have no statements. 3. We have no statements. 4. The plaintiff is not in possession of any expert reports as of this date. 5. CVs will be provided. 6. The plaintiff is not in possession of any expert reports as of this date. 7. The plaintiff is not in possession of any documents, other than provided in the Answers to Interrogatories. 8. Any documents in plaintiff's possession have been supplied in the Answers to Interrogatories. 9. We have enclosed a copy of the declarations page closest to the accident date that the plaintiff could find. However, no changes to the coverage were made from the time of the loss until the issuance of this declarations page. DOUGLAS LAW OFFICE VJA *A --Q. William P. Douglas, Esquir Dated: March 29, 2007 Atty. I.D. No. 37926 57 West Pomfret Street Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff CERTFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Carlisle, Pennsylvania, first class postage prepaid, on the 29`x' day of March, 2007, and addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendant) J et M. Lay, Secret C atate rarm muwal Automoone insurance company On6 State Farm Dr Concordville PA 19339 NAMED INSURED 38-6278-552E MORROW, RANDY L & TINA 528 D ST CARLISLE PA 17013-1317 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. DECLARATIONS PAGE NAIC# 25178 PAGE 1 OF 2 POLICY NUMBER 651 6809-D18-38V POLICY PERIOD DEC 27 2004 to APR 18 2005 AGENT MIKE SHOPE 812 WEST HIGH STREET CARLISLE, PA 17013-2706 PHONE: (717)241-3029 ;.YEAR AKE " :: QPY. T1?1 M_ 1 1997 CHRYSLER TOWN CNTRY VAN 1 C4GP64L1 VB208580 1B3F502 $200.28 2 2002 HYUNDAI SANTA FE SPORT WG KM8SC73D92U137520 1A3H302 $191.78 3 1994 FORD ESCORT STA WAG 1FARP15J4RW267765 11`30502 $146.45 for" § ld '' ? 4• ti? .?a7{?ts ? itot,agf41 :. ? 5 , $I Y' }rlGOV S- r ?, ? 'p MM 1997 2002 1994 See ie forcovera details. CHRYSLER HYUNDAI FORD ?A sly=i#u,..igb111ty.? ... AW $72,'37 Limits of Llabilit Coverage A-Bodily Injury ?A1e'it>K?e(s?tf, ant<,.:<._, $100,000 $300,000 . Cimds of Liablify-Coverage A-Property Ramaga Each Accident C2 Medical Payments $30.36 $31.26 $40.81 Limit of Liability--Coverage C2 a . Each Person $10QG,O D Coniforehensive $28.14 $21.61 $15.29 G5 00 ;>$500DeduobbleCol4aion:;:: _:.$56,02 % 59K47. H Emergency Road Service $1.11 $1.11 $1.11 Lll ,_.LlninsurodMotorVehida' $3.58 Limits of Liability-Coverage U Each Person; Each Aocident $15,000 $30,000 W- ?.:Undermsured,'Mot`tu.Vahtole v $8.39 'r $8'.39 - $8 39 Limits of Liability-Coverage W _ . Each Persons! Each Accident ; . . $15,000 $30,000 F_ Funeral Benef is s' $.49.:' Limits of Liability-Coverage F Each Person $2,500 Heath, QkWemberm"t, al d Loaf; of Sight.' : -$.49 $.62 $.62 Zi Loss of Income $2.71 $2.13 $3.63 Total Premium Per Vehicle $200.28 $191.78 $146.45 „WIFaii-to f. x § Your policy consists of this declarations page, the policy booklet - form 9838.7, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number 6516809-38U. New Policy Form Your total current 6 month premium for OCT 18 2004 to APR 18 2005 is $872.77. Vehicle 1 $324.60, Vehicle 2 $310.82, Vehicle 3 $237.35. CONTINUED 08109/02452 2 6-3866 PA.2 01-2Wo1j2 sc) t THIS MESSAGE APPLIES TO CAR POLICIES: IF YOU HAVE "COLLISION" COVERAGE ON THIS POLICY. YOU ALSO HAVE "COLLISION" COVERAGE ON ANY RENTED CAR WHILE IT IS DRIVEN BY OR IN THE CUSTODY OF AN INSURED. PLEASE NOTE THESE LIMITATIONS AND EXCEPTIONS: 1. THIS COVERAGE APPLIES FOR NO MORE THAN 21 CONSECUTIVE DAYS BEGINNING ON THE DAY YOU BEGIN USING THE CAR. THIS LIMIT IS MULTIPLIED BY THE NUMBER OF CARS YOU CURRENTLY HAVE INSURED WITH US. 2. THIS AUTOMATIC EXTENSION OF COVERAGE IS FOR COLLISION COVERAGE ONLY. NO OTHER CHARGES IMPOSED BY YOUR RENTAL AGREEMENT ARE COVERED. 3. THIS COVERAGE IS SECONDARY TO OTHER INSURANCE CARRIED ON A RENTED CAR AND IS SUBJECT TO ALL OTHER POLICY PROVISIONS AND APPLICABLE ENDORSEMENTS. THIS MESSAGE APPLIES TO RECREATIONAL VEHICLE POLICIES ONLY: (RECREATIONAL VEHICLE POLICIES APPLY ONLY TO STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY) ANY "PHYSICAL DAMAGE" COVERAGE THAT YOU MAY HAVE ON THIS POLICY DOES NOT APPLY TO RENTED RECREATIONAL VEHICLES. Y,.I uaaaas rann muaua? MalauOwvuo n?iul dirLe wu?pany J One State Farm Dr • Concordville PA 19339 NAMED INSURED 38-6278-552E MORROW, RANDY L & TINA 528 D ST CARLISLE PA 17013-1317 F DECLARATIONS PAGE NAIC# 25178 PAGE 2 OF 2 POLICY NUMBER 651 6809-D18-38V POLICY PERIOD DEC 27 2004 to APR 18 2005 FINANCED- CAR 1 MEMBERS 1ST FEDERAL CREDIT UNION, PO BOX 24046, FORT WORTH TX 76124-1046. FINANCED- CAR 2 MEMBERS 1ST FEDERAL CREDIT UNION, PO BOX 24046, FORT WORTH TX 76124-1046. CAR 609IG'2'3 CERTIFICATE OF GUARANTEED RENEWAL. 6102AA AMENDMENT OF LIABILITY AND PHYSICAL DAMAGE COVERAGES. THIS POLICYAPROVIDES FULLETORT OP YwTION AND PHYSICAL DAMAGE COVERAGE. CAR 1 ORIGINAL COST OF CUSTOMIZATION NONE OR UP TO $1000. 08110102452 368 o1a025igo1.025ee) (01.025-) Agent: MIKE SHOPE Telephone: (717)241-3029 Prepared DEC 29 2004 6278-382 THIS MESSAGE APPLIES TO CAR POLICIES: IF YOU HAVE "COLLISION" COVERAGE ON THIS POLICY, YOU ALSO HAVE "COLLISION" COVERAGE ON ANY RENTED CAR WHILE IT IS DRIVEN BY OR IN THE CUSTODY OF AN INSURED. PLEASE NOTE THESE LIMITATIONS AND EXCEPTIONS: 1. THIS COVERAGE APPLIES FOR NO MORE THAN 21 CONSECUTIVE DAYS BEGINNING ON THE DAY YOU BEGIN USING THE CAR. THIS LIMIT IS MULTIPLIED BY THE NUMBER OF CARS YOU CURRENTLY HAVE INSURED WITH US. 2. THIS AUTOMATIC EXTENSION OF COVERAGE IS FOR COLLISION COVERAGE ONLY. NO OTHER CHARGES IMPOSED BY YOUR RENTAL AGREEMENT ARE COVERED. 3. THIS COVERAGE IS SECONDARY TO OTHER INSURANCE CARRIED ON A RENTED CAR AND IS SUBJECT TO ALL OTHER POLICY PROVISIONS AND APPLICABLE ENDORSEMENTS. THIS MESSAGE APPLIES TO RECREATIONAL VEHICLE POLICIES ONLY: (RECREATIONAL VEHICLE POLICIES APPLY ONLY TO STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY) ANY "PHYSICAL DAMAGE" COVERAGE THAT YOU MAY HAVE ON THIS POLICY DOES NOT APPLY TO RENTED RECREATIONAL VEHICLES. k ? yVala...- r+? ((g?, L'aaaria.ll.iV ? M?. Sp (p "PRI a W LJ m C } p N m ?' y{ ;?' m IFE N ? ? ? ? to `C • ? ? ?i o ? g' ? 4 co ? o. N o ? p' o ? tz. ? o m ? C1 n: f0 a ?•'? 'm co n y o 9 Cr1 A r? 0 m '? R o. r tri p ? ?, m g N -gam n? •, N ' Cj O a r G? ?, .••, a• c, taf m o i? o. ? Cl1O m „?c 15, m O o N ?' o a ?? ?° c? mom C` i 1? Iz, ° `? G c?o Cy ? -, N ° o ? w ? ???ipy,? ? O ?N ? p- ? r.' ? , oA3 w ?•m?-. t?"'/.?' N?p? ? "? ?. L/1 t? .* ._'Y? ? "3?, '"., G1 "+{ tmC, sy m ? m r„ti °t?• • "`' in tAn ?m m ?? N rt ? ? ? F ? m h'T3 `- 1 Q •dgo F O ?? ca c°^ o A? m b 0 m m h ."' O O P °.ro a a tc co m `Iro ° co G ry ? ? G: d• ? ? wA ? Q ? ?. °' ? O' ? m ? a 'vi S•. c •G CJ O• ° ?,,.?G ro .°+, h' m n O O' m O ' 3? N N C?i •cw°o?c? m a o oc? o???C„m"m O °o.? y. ¢.`< O-`< N N G, Off, n `'G m h Ca• a' m fy C ?m A N b '0 C, b ? d ? .C .- .? P- OR" ?^ N C' r°^h C.1 tY 0 Z y m ?? ` G N ? ? ? ? •9 • C G G• .fi N A 0 ? N ?o t? c rv o• U b ? N to --Wo , ry z o a o Z tr1 ? g • OG c/? ?1 A n OO ?atri4??t?? d??t???CSo go 0 OP o VU) ?? ? ? n C: rr? O '9 ? ?f'? e•' A ?O ti O •??Ti 08111102452 ?T l N o ? ? y, ? y? y O w C? ?- NN a _ T / O s C?? y -C ? y„> U w w O 'd N i W N N a3 O A ?7 ? . O i 3 ° A P+ 1 ^ ? u r . - C C La ? C ? ? N A G ? ? O ? iC S ? N C ? O . 5 p N C U y ,? O. p C O N oN0I q ? ? .? ? ? C N a uNi N .d 'S N ^. W ? N ? N oo O O Rs N C Y` O b N a0 cro c i y i ?.?•3 0 U H C . ? N y Gf+ U O 4^+ N ? w ? > N o H .- hWr?? ' ? V W ? o G ? ? O ? -o ? d Q. > • E, W 'G A N n N ?? > U C 't7 y O ? C 3 I- N r ` ' Rs C ? N - lz ?, W o w of N C co - 0 3 ? ? ?'O r. O ? o p oc a`i Nou A' w Ol mt? o v o °" Q of ,e W O? N d C V W H V ? n.- 6 O y c G' .? N? `"^ N c 3 tW1f b oQ`?,GtL?i ?U?` rQ Ca. = o a ' 7 v, Q `cd is N d U "O N u ed 01) ?? N W W TNe",w cz fl.U c{ ri O a o C'O T 4, ? p 1 G p ? ? cCc p- .Cp ? a?i ? 'el W b ? w p. CU y ? T y a Z o w N o ?>.?o'C xv q V NCtI N .0-6 . tY N ?+ C y •- N o?.?. ? 0y 3g o o Oq p y¢ W WN ? ? U N? Cs Qp i N? ri O o 41, u O ?' ? 'c3 W N C ? () ca N 'm W ? O N .? ??, N N H o? H OO O ?AWO? ?z ow UOO?1U+ dw OHWT ??OAUQ U o ryJ? jr U !t- x w 'V w O H ? ? ao? ? o 0 a Ob c3 ABC N ^? EW N,+t 7' a ?'CS ? ENO 3?o?° w yocayE N N cTa G 5, 0 v.n t:. G+? c0 NIXING N cJ d rte; 04 U-° ° G?U O a N N N duVU ; ?C? vN Y a '? ? ? c ? a,.LNO ?. 03 H U ? o ["1 N Cv` rr.7 C=) O _ w - _ r - 3 in = , CASE NO: 2006-07256 P SHERIFF'S RETURN - REGULAR ..w COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORROW TINA K VS MECZYWOR ROBIN --? SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MV(''7VGTnD VnlztTT\T the DEFENDANT , at 1840:00 HOURS, on the 29th day of December-, 2006 at 41 DANNAH DRIVE CARLISLE, PA 17013 by handing to WALTER MECZYWOR, FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.16 Postage .39 Surcharge 10.00 i?Z 4/6 7 .00 ,/ 34.55 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/02/2006 DOUGLAS LAW OFFICE By : .. D ty eriff A. D. e ` CERTIFICATE IN THE MATTER OF: TINA K. MARROW ROBIN MECZYWOR PREREQUISITE TO SERVICE OF A SUBPOENA ORKIN441 PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-7256 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on bahalf of STEPHEN L. BANKO, JR., 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: 05/17/2007 beh 1 ? b KO, JR., Q., Attorney for DEFENDANT R1.33 133-H DE11-0688182 69070-LO1 COP•'iMOYHEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND w.: TFE FATTER OF: TINA K. MARROW -VS- ROBTN MECZYWOR COURT OF COMMON PLEAS TERM, CASE NO: 06-7256 NOTICE OF INTENT TO SBRVZ A SgK03XA T Q PRODUCE DOCUMENTS AND THINGS FOR I?ISCOVUY PURSUANT TO RULE 4009.21 WILLIAM J. PHELAN,.M.D. MEDICAL RECORDS & XRAYS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRt:YS FAHRNEY BUS COMPANY EMPLOYMENT TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one t?7ct 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: 04/27/2007 CC: STEPHEN L. BANK0,ESQ. - 63000.4-00044 Any questions regarding this matter, contact MCS on behalf of STEPHEN L. BANKO, JR., Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361727 69070-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TINA K. MARROW vs. ROBIN MECZYWOR File No. 06-7256 SUBPOENA TQ P_I=„UC> RQgUMMn OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WHIJ" J, PHE AN_ M.D (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: STEPHEN L. BANKO. JR., ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILLS PA 17011 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 17 2007 Date: Seal of the Court BY THE COURT: Prothonotary /Cl vil P ivision Deputy 69070-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. PHELAN, M.D. TWO TYLER COURT CARLISLE, PA 17013 RE: 69070 TINA K. MARROW Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 : TINA K. XARROW 319 DWELLING COURT, SHIPPBNSBURG, PA Social Security #: XXX-XX-5031 Date of Birth: 09-04-1963 R1.31S 133-H SU10-0682730 69070-LO1 IN THE MATTER OF: TINA K. MARROW ROBIN MECZYWOR CERTIFICATE 0)9161 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-7256 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., 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: 05/17/2007 behalf of X0, JES Q Attorney for DEFENDANT R1.33 133-H DE11-0688183 69070-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TINA K. MARROW -VS- ROBIN MECZYWOR COURT OF COMMON PLEAS TERM, CASE NO: 06-7256 NOTICE OF INTENT TO SERVE A, SUBPOBNA TO PRODUCE DOCUMENTS AND THINGS FOR DISCMRY PURSUANT TO RULE 4009.21 WILLIAM J. PHELAN, M.D. MEDICAL RECORDS & XRAYS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS FAHRNEY BUS COMPANY EMPLOYMENT TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 04/27/2007 CC: STEPHEN L. BANKO, JR., ESQ. - 63000.4-00044 Any questions regarding this matter, contact MCS on behalf of STEPHEN L. BANKO, JR., Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361727 69070-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TINA K. MARROW vs. ROBIN MECZYWOR File No. 06-7256 SUBEMA TO PRQDUCE?D,OCUMOTS OR THINGS FOR DISCOVER' PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA. (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 GrojW. 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: STEPHEN L. BANKO. JR.. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL- PA 17011 TELEPHONE: 1215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 1 7 207 Date: Seal of the Court BY THF, COURT: 6' ? Prot onotary/ , i ' ivision Deputy 69070-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 3399 TRINDLE RD CAMP HILL, PA 17011 RE: 69070 TINA K. MARROW Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 : TINA K. MARROW 319 DWELLING COURT, SHIPPENSBURG, PA Social Security #: XXX-XX-5031 Date of Birth: 09-04-1963 R1.31S 133-H SU10-0682732 69070-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUI4NT TO RULE 4009.22 IN THE MATTER OF: TINA K. MARROW -VS- ROBIN MECZYWOR 019161 yq1 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7256 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., 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: 05/17/2007 o beh l f ?f? .?AN??:Cr,? Attorney for DEFENDANT R1.33 133-H DE11-0688184 69070-L03 COM14ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HE T'- TTER OE . TINA K. MARROW -vs- ROBIN MECZYWOR COURT OF COMMON PLEAS TERM, CASE NO: 06-7256 NOTICE OF INTENT TO SUVA A SUHPOSM TO PRODUCE DOCUMENTS AND THINGS FOR Q19CQ'JERY PURSUANT TO RULE 4009.21 WILLIAM J. PHELAN, M.D. 14EDICAL RECORDS & XRAYS ORTHOPEDIC INSTITUTE Cr ?A. MEDICAL RECORDS & XRAYS FAHRNEY BUS COMPANY EMPLOYMENT TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BA1T110. JR., 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 i_1 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: 04/27/2007 CC: STEPHEN L. BANKO, iR., ESQ. - 63000.4-00044 Any questions regarding this matter, contact MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361727 69070-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TINA K. MARROW vs. ROBIN MECZYWOR File No. 06-7256 SUBPOENA-TO E&OBi,-TCE 1Q,QCUMMS QR IHINGS FOR DISCOVERY PURSUANT TU RULE 409.22 TO: Custodian of Records for FAHHNEY BUS COIVI,PANY (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: **** SEF. ATTACHED RIDER **** at The MCS Groups Inc 1601 Markel, S re L Suite 800 P iladelaia. 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: STEPHEN L. BAN&Q. JR.. F„SO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY ? fi 20D7 Date: 19 Seal of the Court BY THE OURT: Prothonotary/C ivi vision Deputy 69070-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAHRNEY BUS COMPANY 27 SPRING LANE ROAD DILLSBURG, PA 17019 RE: 69070 TINA K. MARROW Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, 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 : TINA K. MARROW 319 DWELLING COURT, SHIPPENSBURG, PA Social Security #: XXX-XX-5031 Date of Birth: 09-04-1963 R1.31S 133-H SU10-0682734 69070-LO3 i ? ? ?a -r ,_., .? w ;r _-, ?_. ?,,; - t? ? ?.. `? ?. i `? ?,: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) (other) TINA MORROW, (Plaintiff) VS. The trial list will be called on 1/8/08 and Trials commence on 2/4/08 ROBIN MECZYWOR, (Defendant) Pretrials will be held on 1/16/08 vs. (Briefs are due S days before pretrals No. 06-7256 Civil Term 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) ® Civil Action - Law ? Appeal from arbitration Indicate the attorney who will by case for the party who files this praecipe: Stephen L. Banko, Jr. for Defendant, Robin Meczywor Indicate trial counsel for other parties if known: a orrow William P. Douglas, Esquire for Plaintiff,nT1 1? A, This case is ready for trial. Date: October 24, 2007 Signed: I Print Name: tephen L. Banko, Jr . Attomeyfor: Defendant, Robin Meczywor - . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the day of Ca?bm _, 2007 and addressed as follows: William P. Douglas, Esquire Douglas Law Office 57 West Pomfret Street Carlisle, PA 17013-0261 (Counsel for Plaintiff) Angela . Gagman, Se tary TK SL> IN p ? ?ar?; TINA MORROW, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBIN MECZYWOR, Defendant 06-7256 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 8th day of January, 2008, upon consideration of the call of the civil trial list, and no counsel having called this case for trial, it is stricken from the trial list. William P. Douglas, Esquire 43 West South Street P.O. Box 261 Carlisle, PA 17013 For Plaintiff Stephen L. Banko, Jr., Esquire 3510 Trindle Road Camp Hill, PA 17011 For Defendant Court Administrator I'Es rn?ZtLcL !1!1108 :mae By the Court, LU u OCD _) C C7 C-4 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-6124 E-mail: sbankoP-margolisedelstein.com Attorney for Defendant, Robin Meczywor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA MORROW,. Plaintiff V. NO. 06-7256 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ROBIN MECZYWOR, Defendant --------------------------------------------------------------------------------------------------------------------- MOTION IN LIMINE OF DEFENDANT. ROBIN MECZYWOR TO PRECLUDE EVIDENCE OF WAGE LOSS AND MEDICAL EXPENSE 1. This action arises out of a motor vehicle accident which occurred in the Borough of Carlisle, Cumberland County, on December 23, 2004. 2. At the time of the motor vehicle accident, Plaintiff was insured under a private passenger automobile insurance policy issued by State Farm Mutual Automobile Insurance Company. A copy of the Certificate of Coverage dated May 9, 2007, establishing coverage for the December 23, 2004, accident is attached hereto, incorporated herein by reference and marked as Exhibit A. 3. The Certificate of Coverage provides that Plaintiff had Medical Payments Coverage in the amount of $100,000 and Wage Loss Coverage in the amount of $1,000 per month with a maximum of $5,000. 1 4. There has been no evidence presented in this case through discovery that Plaintiff has any medical expense which is not covered either by her private passenger automobile insurance policy or by health coverage. 5. Additionally, counsel for Plaintiff has provided correspondence from Plaintiff's former employer, Fahrney Bus Company, dated March 15, 2006, in which the wage loss sustained by Plaintiff is noted to have been a total of sixty-eight (68) days. A copy of said letter is attached hereto, incorporated herein by reference and marked as Exhibit B. 6. Although Defendant does not agree that any of these missed days from work were the direct and approximate result of the motor vehicle accident with Defendant, Defendant specifically denies that the thirty-two (32) days of missed work between November 1, 2005, and December 22, 2005, was in any way related to the motor vehicle accident. 7. In any event, regardless of whether any or all of the sixty-eight (68) days of wage loss are related to the motor vehicle accident, Plaintiff testified in her deposition that she was paid $47 per day by the Fahrney Bus Company. Relevant portions of Plaintiff's deposition testimony are attached hereto, incorporated herein by reference and marked as Exhibit C. 8. Even if one were to assume that Plaintiff sustained any wage loss as a result of the motor vehicle accident, the total amount for sixty-eight (68) days of wages at Fahrney Bus Company totals $3,106, well within the wage loss coverage available to Plaintiff under her private passenger automobile insurance policy with State Farm Mutual Automobile Insurance Company. 2 9. 75 Pa. C.S.A. §1722 relating to the preclusion of recovering required benefits provides in pertinent part: In any action for damages against a tortfeasor. ... arising out of the maintenance or use of a motor vehicle, a person who is eligible to receive benefits under the coverages set forth in this subchapter. . . shall be precluded from recovering the amount of benefits paid or payable under this subchapter... 10. Accordingly, as Plaintiff has not exhausted either her Medical Payments Coverage or Wage Loss Benefits, she is precluded from pleading, proving and recovering the amount of wage loss or medical expense incurred in this case. See Bryant v. Reddy, 793 A.2d 926 (Pa. Super. 2002), app. den'd. 2002 Pa. LEXIS 1421 (Pa. 2002). WHEREFORE, Defendant, Robin Meczywor, prays this Honorable Court enter an Order precluding Plaintiff from pleading, proving or recovering any item of medical expense for wage loss which has been paid or payable under her private passenger automobile insurance policy. Date: 49/ 74 O0 MARGOLi$ EDELSTEIN bTe d"L. Banko, Jr. Atto ney No. 41727 Counsel for Defendant, Robin Meczywor 3 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record via hand delivery on the 4th day of June, 2008 as follows: William P. Douglas, Esquire Douglas Law Office 43 W. South Street P.O. Box 261 Carlisle, PA 17013-0261 (Counsel for Plaintiff) IMfMlAMi? May 9, 2007 CERTIFICATE OF COVERAGE Claim Number: 38-K584-006 The undersigned is a Claim eam Manager for. State Farm County Mutual Insurance Company of Texas ? State Farm Lloyds, Inc. ? State Farm Indemnity Company E$( State Farm Mutual Automobile Insurance Company State `Farm Fire and Casualty Company This certifies that policy number 6516-809-38, covering a 1997 Chrysler Town Cntry, was issued to Randy L. Marrow and was in effect on the accident date of 12/23/2004. The coverages and Jimits of liability for this policy on that date were: A (Liability)- Bodily Injury (100,000)/person, (300,000)/acciderrt, Property Damage (100,000), C2 (Medical Payments Coverage)- (100,000), D (Comprehensive)- (0) Deductible, G (Collision)- (500) Deduc", H (Emergency Roadside Service), U (Uninsured Motorist Bodily injury- Stacking) (15.000)tperson, (30,000)1accident, W (Underinsured Motorist Bodily Injury Stacking) (15,000)Iparson, (30,000)/accident, F (Funeral) (2,500)/pamon, Y (Accidental Death and Dismemberment) (5,000), Z (Wage Loss) (1,000)/month, (5,000) maximum. This policy provides full tort option. i Claim Team Manager TERMINAL North East Place Carlisle, PA (717) 243-3858 FAHRNEY BUS March 15, 2006 Douglas Law Office William P. Douglas, Esq. 27 West High Street P.O. Box 261 Carlisle PA 17013 Dear Mr. Douglas: COMPANY MAILING ADDRESS 27 Spring Lane Rd, Diilsburg, PA 17019 (717) 432-2415 Per your request I have enclosed copies of the a the following time periods represent the bulk of the time miissreddfo m?? ? ns t'on, related to her accident: From 113105 thru 2/25/05 Tina missed 36 days of work. She returned to drive on 2/28/05. From 1111105 thru 12/22/05 Tina missed 32 days of work. December 22 was the last day of school prior to the holidays. Just before the holiday break she turned in her letter of resignation indicating that she was not going to return to work in January (January 3, 2006). Should you have any questions or require any additional informati hesitate to contact me. on please do not Sincerely, ,? %ZL Richard O. Linder President, Fahmey Bus Company ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TINA MORROW, Plaintiff, VS. ROBIN MECZYWOR, Defendant. NO. 06-7256 CIVIL ACTION LAWSUIT FRIDAY, SEPTEMBER 7, 2007 _, Oral deposition of TINA MORROW taken on behalf of the Defendant, held at the offices of Douglas Law Office, 43 West South Street, Carlisle, Pennsylvania, commencing at 9:30 a.m. the above date, before Karina L. Owen, certified court reporter and Notary Public. CAPITAL REPORTING, INC. TWO PENN CENTER - 8TH FLOOR 1500 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PENNSYLVANIA 19102 (800) 760-2626 Tina Morrow September 7, 2007 Page 2 A P P E A R A N C E S: DOUGLAS LAW OFFICE WILLIAM P. DOUGLAS, ESQ. 43 West South Street Carlisle, Pennsylvania 17013 717-243-1790 Fax 717-243-8955 Counsel for Plaintiff MARGOLIS EDELSTEIN BY: STEPHEN L. BANKO, JR. 3510 TRINDLE ROAD CAMP HILL, PENNSYLVANIA 17011 717-760-7501 FAX 717-975-8124 Counsel for defendant CAPITAL REPORTING (215) 732-0800 (215) 636-9800 Tina Morrow September 7, 2007 Page 3 I N D E X TINA MORROW EXAMINATION BY MR. BANKO E X H I B I T S MARKED DESCRIPTION (NONE WERE MARKED.) PAGE 4 PAGE CAPITAL REPORTING (215) 732-0800 (215) 636-9800 Tina Morrow September 7, 2007 Page 4 1 TINA MORROW, having been duly sworn, was 2 examined and testified as follows: 3 4 -------------- 5 PROCEEDINGS 6 -------------- 7 (It is hereby stipulated and agreed by and 8 between counsel that reading, signing, sealing, 9 filing and certification are waived.) 10 MR. BANKO: Usual stipulations, Bill? it MR. DOUGLAS: Yes. 12 - - - 13 EXAMINATION 14 - - - 15 BY MR. BANKO: 16 Q. Please tell me your full name for the 17 record. 18 A. Tina Kathleen Morrow. 19 Q. I'm sorry, your middle name? 20 A. Kathleen. 21 Q. With a R? 22 A. K-a-t-h-l-e-e-n. 23 Q. All right. Miss Morrow, my name is Steve 24 Banko. I'm a lawyer in Camp Sill, and I represent Robin CAPITAL REPORTING (215) 732-0800 (215) 636-9800 Tina Morrow September 7, 2007 Page 47 1 Q. By the run, okay. 2 A. Except field trips were paid by the hour. 3 Q. Generally -- forget field trips for the 4 moment -- how much was your gross pay during a regular 5 school week where you had five days? 6 A. I made $47 a day. 7 Q. And that would -- from the time you left 8 your house, would you take the bus home with you after 9 you were done with the morning run? 10 A. I would. 11 Q. Okay. And then go back out in the 12 afternoon? 13 A. Yes. 14 Q. And since you were doing high school, 15 there was no kindergarten in between? 16 A. No. 17 Q. How long would it take you to leave your 18 house in the morning, get the bus, get back to your 19 house for that morning run? 20 A. Okay. I left my house at 6:00, because I 21 would have to walk around do a pretrip inspection. 22 Q. Right. 23 A. I would leave the bus lot at 6:25. 24 Q. Okay. CAPITAL REPORTING (215) 732-0800 (215) 636-9800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C E R T I F I C A T I O N I, Karina L. Owen, a Registered Professional Court Reporter and Notary Public for the Commonwealth of Pennsylvania, do hereby certify the foregoing to be a true and accurate transcript of my original stenographic notes taken at the time and place hereinbefore set forth. Ka r i na L. Owen coMMOMMALTH OF ANN NA NOTARIAL SEAL KARINA L. OWEN Pu* Notary Public CafteSOM.,CE N, NoWy Cou* my Commission Expires A 8 .. i (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying shorthand reporter.) C? #13 TINA MORROW, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-7256 CIVIL TERM ROBIN MECZYWOR, Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held Wednesday, June 4, 2008, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was William P. Douglas, Esquire, and present for the Defendant was Stephen L. Banko, Jr. With Plaintiff having stipulated that the damages at issue are less than the $50,000.00 arbitration limits, this matter is referred to arbitration. We note that the Defendant has filed a motion in limine which shall be put on hold pending the arbitration of this matter. By Edward E. Guido, J. William P. Douglas, Esquire For the Plaintiff Stephen L. Banko, Jr., Esquire For the Defendant Court Administrator n 0 9. srs DOUGLAS LAW OPFICE 43 W. South St.. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 TINA MORROW WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.N 37926 IN THE COURT OF COMMON PLEAS OF PLAINTIFFS: CUMBERLAND COUNTY PENNSYLVANIA VS No-06-7256 CIVIL TERM ROBIN MECZYWOR DEFENDANTS CIVIL ACTION LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................... PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: WILLIAM P. DOUGLAS, ESQUIRE, counsel for the plaintiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $50,000 or less, plus costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Stephen L. Banko, Jr., Esquire, for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Douglas Law at JCtne 0009 William P. Douglas, 43 W. South St. Carlisle, PA 17013 717-243-1790 7V ns "IN z c t Ll A)w np?'-j Plaintiff K0 6i N mec-7' w Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 04 - 7 2-5-6 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and,Ae Constitution of this Corpnonwealth andAat we will discharge the duties of our office Signature eS V. FlaqLeS ?arQA (Chairman) Name ?J?2?iro?r?q? c? t fC, Law Firm ?sy Aley,,aer 5Ip??? Address V 14= (iA-lSk N 1 `74117 City, Zip MP Law Firm Address (-"& A4 1 706 City, zip Name Law Firm Address city, zip /;L ?l36 /bAward We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) *' AI Q- 0 -A C MC4,AI-A-Y- c.? O c! A e 40 u S-c o ! ,d Arbitrator) dissents. (Insert name if Date of Hearing: Orte4L4 2 2,00$ Date of Award: Ve'C 64 727 TV0 Notice of Entry of Award Now, the day of i , 215 ?, at q X37 , A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3S6, (Z6 By: Prothonotary Deputy x crJ r a lip, r .Y 9.- ='y 0 William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ Tina K. Morrow In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06- 7256 Civil Term Robin Meczywor 41 Dannah Drive Carlisle, PA 17013 Civil action law Defendant Jury Trial Demanded Praecipe to Satisfy and Discontinue Dear Mr. Long: Please mark the above captioned matter settled and discontinued with William P. Doug Attorney for date: February 20, 2009 CIL C 1