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Home My WebLink About02-3165IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n ( No. n2-- 2/&,T Ct Ut l? -y?-1 Civil Action - ( x) Law ( ) Equity JURY TRIAL DEMANDED JAMES J. GREEN, SR. JACOB BRAUN, JR. 2832 FAIRVIEW ROAD Versus 7627 PATTERSON DRIVE CAMP HILL, PA 17011 HARRISBURG, PA 17112 Plaintiff(s) & Defendant(s) & Addresses Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X )Sheriff Karl J. Januzzi Shollenberger & Januzzi. LLP 1820 Linglestown Road Harrisburg, PA 17110 (717) 234-3700 Names/Address/Telephone No of Attorney WA4 S gna a of Attorney Supreme Court ID No. 65575 Date: June Q 7 . 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. f Prothonotary ?- C,.?,?,," Dater Lc,IV ?dd7? by L//JO?,. Q?jz? Deputy ( ) Check here if reverse is issued for additional information PROTHON.-55 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN JAMES J SR VS BRAUN JACOB JR 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: BRAUN JACOB JR but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On July 22nd , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Cc .00 67.50 07/22/2002 SHOLLENBERGER JANUZZI in his bailiwick. He therefore so ansser--- 18.00.. 9.00 10.00 R Thomas Kline 30.50 Sheriff of Cumberland County Sworn and subscribed to before me this l w( day of o/0 0?2 A. D / -AZL, Prothonota y' In The Court of Common Pleas of Cumberland County, Pennsylvania James J. Green Sr. vs. Jacob Braun Jr. SERVE: same No. 02 3165 civil Now, July 3, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this _ day of 20 20_, at o'clock M. served the COSTS SERVICE MILEAGE _ AFFIDAVIT N z t C the content e `r®f. N CD 0 County, PA J (Di tre Of t4e Shrri ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin GREEN JAMES J SR vs BRAUN JACOB JR Sheriff's Return J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 1674-T - - -2002 OTHER COUNTY NO. 02-3165 AND NOW:July 15, 2002 at 1:20PM served the within SUMMONS upon BRAUN JACOB JR by personally handing to HIM 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at 7627 PATTERSON DR HBG, PA 17112-0000 Sworn and subscribed to before me this 15TH day of JULY, 2002 PROTHONOTARY So Answers, y klll; ? of Dauphin Count], Pa. By /P*V'= < 1 Deputy Sher ff Sheriff's Costs: $30.50 PD 07/10/2002 RCPT NO 166496 MLYNEK ? c y V 4, n C -v [ n-i - C t;: :?Il iv c. Lr N '?TJ W .c- _J -n O m -mac 101,13 JAMES J. GREEN, SR., Plaintiff V. JACOB BRAUN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3165 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: . Knauss, N, Esquire, on behalf of Defendant, Jacob Enter the appearance of Edward E Braun, Jr. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: S ? 295603-I CERTIFICATE OF SERVICE AND NOW, this ,S day of January, 2004, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17106-0545 Edward E. Knauss, IV 295603-1 r ? CG= N O (J P ? 777'+TrJ ? rom v, .a L7 J ? Jrn .. r O ?r v7 < JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW JACOB BRAUN, JR., NO. 02-3165 Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule on Plaintiff to file a Complaint within twenty (20) days of service or suffer judgment of non pros. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ,J By7 Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: /' 5-- z?rvfL 295604-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham P.C., hereby certify that I served a true and exact co Knauss & Erb, With reference to the foregoing action by first class mail, the PraeciPe for Rule to File Complaint Postage prepaid, this r? day of January, 2004, on the following; Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17106-0545 Adward. Knauss, IV 295604-1 JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW JACOB BRAUN, JR., N0.02-3165 Defendant JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: James J. Green, Sr., Plaintiff c/o Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17106-0545 You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days of service or judgment non pros will be entered against you. Date: U Prothonotary 195604-/ N p Q =r i? i lr T_ O? ILI -F- N -i -?-i p rJ (JS SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attornevs for Plaintiff JAMES J. GREEN, SR., Plaintiff V. JACOB BRAUN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-:3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES J. GREEN, SR., Plaintiff V. JACOB BRAUN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al 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 tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referrall Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attornevs for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB BRAUN, JR., Defendant NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, JAMES J. GREEN, SR., by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, JAMES J. GREEN, SR., is an adult individual who currently resides at 2832 Fairview Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, JACOB BRAUN, JR., is an adult individual whose last known address is 7627 Patterson Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 3. The facts and circumstances hereinafter set forth took place on July 7, 2000, at approximately 1:00 p.m., at or near the intersection of Route 114 and the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, the Plaintiff, JAMES J. GREEN, SR., was the operator of a 1999 Cadillac Deville. 1111111111111 F 1111111, lld 111111111011111111. P1. all 101 • IIIIIIIIII, It 11101-1101 11111111-3100 • Fit (1111110-011 5. At the aforesaid time and place, the Defendant, JACOB BRAUN, JR., was the owner and operator of a Lexus sport utility vehicle. 6. At the aforesaid time and place, the Plaintiff was stopped at a traffic signal in the southbound lane of Route 114 at its intersection with the Carlisle Pike in Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant was; traveling south on Route 114 when he failed to notice the Plaintiff stopped in front of him and struck him from the rear, pushing the Plaintiffs vehicle into the car immediately in front of him. 8. As a result of the aforesaid collision, the Plaintiff has suffered serious and permanent injuries, including but not limited to the following: (a) Acceleration injury to the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (c) Shock to the nerves and nervous system; and (d) Mental and physical anguish. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant in operating the Lexus sport utility vehicle in a careless and reckless manner, as follows: (a) In failing to properly observe traffic signals controlling Defendant's direction of travel; (b) In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; I 110111111111111111111, UP 1111111111111111111 .1111111101 . 1111111111,11 11111-1111 11111110.1111 .;1111111111.1111 (c) In failing to exercise the high degree of care required of a motorist entering an intersection; (d) In failing to have his vehicle under proper and adequate control; (e) In failing to apply the brakes in time to avoid the collision; (f) In failing to observe Plaintiff's vehicle on the highway; (g) In failing to keep a reasonable look-out for other vehicles lawfully on the road; (h) In otherwise operating said vehicle in careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. As a direct and proximate result of the aforesaid injuries, the Plaintiff has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, the Plaintiff has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, the Plaintiff has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, the Plaintiff has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of the aforesaid injuries, the Plaintiff has incurred or may hereafter incur financial expenses and losses which exceed sums recoverable 8 6111111161111 11111111. llr 1111116u611®a r11r . r.r.III 11s6s. 1111111116, re 1111F1166 11111116-111 .11111111114-1111 under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 15. As a further result of this collision, the Plaintiff has and/or may in incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. Plaintiff was issued a policy of insurance covering the vehicle he was operating at the time of the collision by United States Fire Insurance Company. This policy was a commercial policy with the named insured listed as "Allied Products & Services, Inc.", and as such, the policy was not issued to a "natural person" and therefore Plaintiff was not required to elect a tort option. Therefore, Plaintiff remains eligible to claim compensation for non-economic loss and compensation for non- economic loss and economic loss sustained in this collision pursuant to applicable tort law. 1 111111®111111 i 111111. 111 11111111111I1111111 . PA 11111141 . 1111111111, 01 11111-11.01 (1111114-1111 .11111111114-1111 WHEREFORE, Plaintiff, JAMES J. GREEN, SR., demands judgment against the Defendant, JACOB BRAUN, JR., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: /Z. /)k K9 J. Januzzi, Esquire Attorney I.D. No. 65575 1820 Linglestown Road Harrisburg, PA 17110 717-234-3700 Dated: April Za-2004 11111011111111111111. 11t II11111t11t111111:1 . 1.1.01111111 . 1111111111.11 11111-1111 11111110-1111 .1110111111-1111 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB BRAUN, JR., Defendant AND NOW this ??L day of _ NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED 2004 1 hereby certify that I have served a true and correct copy of the Corfiplaint by United States mail, postage prepaid, addressed to: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 N. Front Street P. O. Box 5300 Harrisburg, PA 17110 wlir?? Karl J. anuzzi, Esquire ? ;wn r a ?ySf -c5 W -n F't? 7K N C ?t W Q? IN THE COURT OF COMMON PLS? OF PENN ' CUMBERLAND COUNTY, JAMES J. GREEN, SR., Plaintiff CIVIL ACTION -LAW v. NO. 02-3165 JURY TRIAL- DEMANDED JACOB BRAUN, JR., Defendant I Admitted. 2 Admitted. 3 Admitted. q Admitted. 5 Admitted. 6 Admitted. averments are denied 7 Admitted that Defendant struck the Plaintiff. The remaining after reasonable investigation, Defendant is without knowledge of ?alnnation sufficient to since form a belief as to the truth of the averments, and proof is demanded a 8. Denied. 9 Denied. 10 Denied. 11 Denied. 12 Denied. 13 Denied. 14. Denied. 15. Denied. 303548 16. Denied, since after reasonable investigation, Defendant is without knowledge or is emanded at information sufficient to form a belief as to the truth of the averments, and Proof trial. be WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in his favor with costs NEW_MAT 1 The claims of the Plaintiff are or may be limited pursuant to the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands judgment in his favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY uire Edward E. Knauss, N, Esq Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, pA 17110-0300 (717) 238-8187 Attorneys for Defendant ?3 °? Dated: -2- 303548 VERI I, Jacob Braun, Jr., do hereby verify that the facts set forth in the foregoing W edge, Defendant to Complaint with New Matter are true and correct to the best of my knowledge, ect to the information, and belief. penalties of 18 Pa.C.S I understand that false statements herein are made su J §4904, relating to unworn falsification to authorities. Date: X C)41 _y? i Jacob aun,Jr. 303548 CERTIFICATE OF SERVICE AND NOW, this 3?day of ?, 2004, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Answer of Defendant to Complaint with New Matter this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17106-0545 ?. Knauss, IV Edward E 303548 ?_ p O T ? ?, ?,. ,... r ? v ? - ? ? ? ;. ?? ? ? rn 'C? N ? ?y ? O " < SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attornevs for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB BRAUN, JR., Defendant NO. 02-3166 CIVIL ACTION - LAW JURY TRIAL. DEMANDED AND NOW comes the Plaintiff, JAMES J. GREEN, SR., by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and files the following Answer to Defendant's New Matter: 1. The averments set forth in paragraph 1 of the Defendant's New Matter are conclusions of law which require no responsive pleading. By way of further answer, the averments set forth in paragraph 1 of the Defendant's New Matter are hereby denied. WHEREFORE, Plaintiff JAMES J. GREEN, SR. respectfully requests your Honorable Court strike Defendant's New Matter, and enter judgment in Plaintiffs favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: %Januzzi, Esq. ey I.D. #65575 Date: AU 41 1a) tool SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attornevs for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB BRAUN, JR., Defendant NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this I ?- day of May, 2004 1 hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Edward E. Knauss, IV, Esq. Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 Respectfully submitted, SH JANUZZI, LLP By: // 6W _ Karl J Ja zzi, Esq. Attorney A. #65575 Dated: )vIAr„ I k 2004 N n n o T •` -- ' -gym ??7 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB BRAUN, JR., Defendant NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS OF COUNSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JiANUZZI, LLP a By: Karl J. Januzzi, Esq. I.D. # 65575 Date: November 24, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR., Plaintiff V. JACOB BRAUN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 24 day of November, 2004 1 hereby certify that I have served the Praecipe for Change of Address of Counsel for Plaintiff to the following by depositing a true and correct copy of same in the United :)tates mail, postage prepaid, addressed to: Edward E. Knauss, IV, Esq. Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 Respectfully submitted, SHOLLENBERGER & J'ANUZZI, LLP s w -, By: Karl J. Januzz, Esq. Attorney I.D. #65575 Dated: November 24, 2004 (7) v 0 1 7 C5 -n r•n JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 02-3165 JACOB BRAUN, JR., Defendant JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Edward E. Knauss, N, Esquire, on behalf of the Defendant Jacob Braun, Jr., and enter the appearance of Andrew W. Norfleet, Esquire on behalf of Defendant Jacob Braun, Jr. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By (Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238- ey for the fendant Andrew V-Norfleet, EsgLe Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for the Defendant Dated: ! 320924-/ CERTIFICATE OF SERVICE AND NOW, this Y'/day of 2005, I, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorney for Defendant, Jacob Braun, Jr., hereby certify that I served the foregoing Defendant, Jacob Braun, Jr.'s Praecipe for Withdrawal and Entry of Appearance this day by postage paid United States mail, addressed to: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17106-0545 Andrew orfleet, Es 320914-1 ?" c w .? _a r,. 1 ..., -}z - `=s s -c __ v? e ,.K 05/338089.v1 JAMES J. GREEN, SR., Plaintiff V. JACOB BRAUN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE / ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Andrew W. Norfleet, Esquire on behalf of Defendant Jacob Braun, Jr. and enter the appearance of Geoffrey S. McInroy, Esquire on behalf of Defendant Jacob Braun, Jr. DATE: *1411011 BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN GEOFFREY S. Mc OY ES' I.D. No. 87876 4200 Crums Mill Roa , Suite B Harrisburg, PA 17112 (717) 651-3510 Attorney for Defendant, Jacob Braun, Jr. f' p.. JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3165 JACOB BRAUN, JR., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, 1 t' ??` Zip ct , an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of August 2007, served a copy of the foregoing Praecipe to Withdraw Appearance/Enter Appearance via First Class United States mail, postage prepaid as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Andrew Norfleet, Esquire 3211 North Front Street Harrisburg, PA 17110 C) ' 0 -n rn co C:)6 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB BRAUN, JR., Defendant NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO SUBSTITUTE PERSONAL REPRESENTATIVE AS A PARTY AND NOW, this day of ; 2008, the parties hereby agree as follows: 1. This action was instituted with the filing of a Writ of Summons in the Cumberland County Court of Common Pleas on July 2, 2002. 2. The Writ was properly served upon the Defendant by the Dauphin County Sheriff on July 15, 2002, via personal service. 3. Since that time, the parties have been engaged in litigation. 4. The Defendant died on May 24, 2007, a resident of Dauphin County, Pennsylvania. 5. The Defendant's Will was probated on May 29, 2007, and Letters Testamentary were issued to David A. Braun as Personal Representative of the Estate. A copy of the Letters Testamentary are attached hereto as Exhibit "A." 6. Pursuant to Pa.R.C.P. 2352, the parties desire that the Defendant's Personal Representative, David A. Braun, be substituted in place of Defendant Jacob Braun, Jr. 7. A Notice of Death in accordance with Pa.R.C.P. 2355 is being filed contemporaneously with this Stipulation. 8. The parties request that the caption of this case be amended to reflect the defendant as "David A. Braun, Personal Representative of the Estate of Jacob Braun, Jr., Deceased." 9. The parties desire that this Stipulation be made an Order of Court. KARL J. J ZZI, ESQUIRE GEOFFREY S. McINRO , ES RE ATTORNE FOR PLAINTIFF ATTORNEY FOR DEF Register Of Wills Of Dauphin County, Pennsylvania Certificate of Grant of Letters Testamentary No. 2207-0481 ESTATE OF JACOB BRAUN, JR. Social Security No: 199-07-1072 WHEREAS, on the May 29, 2007 instrument(s) dated May 15, 2005 was (were) admitted to probate as the last will of JACOB BRAUN, JR. late of WEST HANOVER TOWNSHIP died on the 24th day of May, 2007 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, Sandra C. Snyder, Register of Wills in and for the County of Dauphin, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters Testamentary to DAVID A. BRAUN who has duly qualified as Personal Representative(s) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at Dauphin County Courthouse, Harrisburg, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal . of my office on May 29, 2007. l 111t1dzu Register of Wills SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR., Plaintiff V. JACOB BRAUN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3165 CIVIL ACTION - LAW JURY TRIAL DEMANDED CAT°E OF SERVICE AND NOW this day of March, 2008 1 hereby certify that I have served the Stipulation to Substitute Personal Representative as a Party to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Geoffrey Mclnroy, Esq Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road - Suite B Harrisburg, PA 17112 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Januzzi, Esq. :v I.D. #65575 r? `? ? - n e.,! ? a rJ L./ J 4•- ?rA y{ ??L w I x j ? y . * ` . MAR as ao080v SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JAMES J. GREEN, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3165 JACOB BRAUN, JR., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER S? AND NOW, this 31 day of Pao-' Ar.. , 200$, upon Stipulation of the parties dated hwr c?% ?? Zoe it is hereby Ordered that David A. Braun, as the duly appointed Personal Representative of the Defendant's Estate, shall be substituted as the Defendant in this matter, and the captioned shall be amended as follows: James Green, Sr., vs. David A. Braun, as Personal Representative of the Estate of Jacob Braun, Jr., Deceased. BY THE COURT: Distribution Legend: Karl J. Januzzi, Esq./5 Millennium Way, Enola, PA 17025 717-728-3200; 717-728-3400 (fax); kiiCcDshollianlaw.com Aeoffrey S. Mclnroy, Esq., 4200 Crums Mill Rd., Suite B, Harrisburg, PA 17112 717-651-3500; 717-651-9630 (fax); gsmcinroy -mdwcq.com s Jyt ( ? .: JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3165 JACOB BRAUN, JR., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR WTHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Stephen J. Barcavage, Esquire on behalf of Defendant Jacob Braun, Jr. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: STEPHEN J. LAVA E, ES UIRE i AP JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3165 JACOB BRAUN, JR., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lauren M. Burnette, Esquire on behalf of Defendant Jacob Braun, Jr. DATE: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, C MA GOGGIN BY. REN M. BURNETTE, ESQUIRE I.D. No. 92412 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3703 Attorney for Defendant, Jacob Braun, Jr. I" JAMES J. GREEN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3165 JACOB BRAUN, JR., : CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Misty Hine, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 9th day of February 2009, served a copy of the foregoing Praecipe to Withdraw Appearance/Enter Appearance via First Class United States mail, postage prepaid as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 N ce ? _ ? -r_ . , ,. ..- - ! i --? ?°?' , N ,.c; C?