HomeMy WebLinkAbout00-01200
ROYDEN A, MERCADO and
NANCY T. MERCADO, his wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-119~ CIVIL TERM
v.
CIVIL ACTION - LAW
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR A WRIT OF SUMMONS
TO CURTIS R. LONG, PROTHONOTARY:
Please enter my appearance on behalf of the plaintiffs and issue a Writ of Summons against the defeudants,
Steven D. Grasley, Sr. and Terry Jary Rosenberry. Please direct the Sheriff to serve the defendants as follows:
Steven D. Grasley, Sr.
1595 Lindsey Lot Road
Shippensburg, P A 17257
Terry Jay Rosenberry
P. O. Box 197
Newburg, PA 17240
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Marcns
By:
Date: March 2, 2000
To: Steven D. Grasley, Sr. and Terry Jay Rosenberry
You are hereby notified that Royden A. Mercado and Nancy T. Mercado, the plaintiffs, have commenced
an action against you which you are required to defend or a default judgment may be entered against you.
By:
Date:;? 1114.1{1:d-
DEPUTY
.2000
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2000-01199 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MERCADO ROYDEN A ET AL
VS
GRAS LEY STEVEN D SR ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
GRAS LEY STEVEN D SR
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On March
29th , 2000 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Franklin CO
18.00
9.00
10.00
41. 28
.00
78.28
03/29/2000
IRWIN, MCKNIGHT
Se~~
R. 'Thomas Kline
Sheriff of Cumberland County
& HUGHES
Sworn and subscribed to before me
this (, ~ day of ~J 'I
,;2IJ1r0 A . D .
~a.~/~'
Prothonotary
SHERIFF'S RETURN - REGULAR
;
CASE NO: 2000-01199 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MERCADO ROYDEN A ET AL
VS
GRAS LEY STEVEN D SR ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
ROSENBERRY TERRY JAY
the
DEFENDANT
at 0018:14 HOURS, on the 23rd day of March
, 2000
at 1010 THREE SQUARE HOLLOW ROAD
NEWBURG, PA 17240
by handing to
TERRY J. ROSENBERRY
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
Service
Affidavit
Surcharge
So Answers:
6.00
13.02
.00
10.00
.00
29.02
~~nA~~,t
R. homas Kline
me this t" rt:'
day of
03/29/2000
>RWIN, ~,KNIGHT &,~~
By: . 0
/
~/,
Deputy eriff
Sworn and Subscribed to before
~ oUviJ A.D.
~ tZ 7n., P#,. ,~
Prothonotary
,-
/
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01199 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
MERCADO ROYDEN A ET AL
VS
GRAS LEY STEVEN D ET AL
THEODORE L KONCSOL
, Deputy Sheriff of FRANKLIN
being duly sworn according to law,
was served upon
County, Pensylvania, who
says, the within SUMMONS
GRAS LEY STEVEN D SR
the
DEFENDANT
at 1027:00 Hour, on the 14th day of March
2000
at 1595 LINDSEY LOT ROAD
SHIPPENSBURG, PA 17257
SAME
by handing to
SAME
a true and attested copy of SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Mileage
So Answers:
9.00
9.00
4.00
10.00
9.28
'LL..<tj
By
03/17/~~8~CY bherlcc
CUMBERLAND COUNTY SHERIFF
Sworn and
Subscribed to before
of~~
me ph~s It:;' day
~~~
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A.D.
NOTARIAL SEAL
PATR1G\A A STAINE. Notary Public
ChC\\',~~.lr'sburg, Franklin County
Mil Commission E""lres NOli. 4. 2000
-""- I -~
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Royden A.'
Steven D.
Serve: Steven
Mercado, et. al.
VS.
Gras ley, Sr. , et.
D. Grasley, Sr.
al.
NQ 20-1199 Civil
Now,
3/6/00
, 200 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to exe,cute this Writ, this
deputation being made at the request and risk of the Plaintiff. , d', ,
, ,~n'.d.f~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20-, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
..
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRAS LEY , SR., and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
PRAECIPE
Sir:
Please enter our appearance for Defendant Terry Jay
Rosenberry in the above captioned matter and issue a rule on the
plaintiffs to file a complaint within twenty (20) days or suffer
judgment of non pros.
TO: Curtis R. Long, Prothonotary
DATE: May 23, 2000
ADDAMS & RUNDLE
BY:~~
William A. Addams
Supreme Court I.D. No. 06265
28 South pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
RULE
AND NOW,
issued on the
this 2-?/U-Lnay of -F'Nt
plaintiffs in accordance w'th
the
, ~lOOO, Rule is
above Praecipe.
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ROYDEN A. MERCADO and : IN THE COURT OF COMMON PLEAS OF
NANCY T. MERCADO, his wife,
PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
STEVEN D. GRASLEY, SR. and 2000-1199 CIVIL TERM
TERRY JAY ROSENBERRY,
DEFENDANTS JURY TRIAL DEMANDED
NOTICE TO DEFEND
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, order 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 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 Bar Association
2 Liberty Avenue
Carlige, Pennsylvania 17013
717-249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Dauphin County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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ROYDEN A. MERCADO and : IN THE COURT OF COMMON PLEAS OF
NANCY T. MERCADO, his wife,
PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
STEVEN D. GRASLEY, SR. and 2000-1199 CIVIL TERM
TERRY JAY ROSENBERRY,
DEFENDANTS JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this IOth day of July 2000, comes the plaintiffs, Royden A. Mercado and
Nancy T. Mercado, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the
following Complaint against the defendants, Steven D. Grasley, Sr. and Terry Jay Rosenberry, as
follows:
1.
The plaintiffs are Royden A. Mercado and Nancy T. Mercado, his wife, adult individuals
residing at 212 Garland Drive, Carlisle, Pennsylvania 17013.
2.
The defendant is Steven D. Grasley, Sr., an adult individual residing at 1595 Lindsey Lot
Road, Shippensburg, Pennsylvania 17257.
3.
The defendant is Terry Jay Rosenberry, an adult individual residing at P. O. Box 197,
Newburg, Pennsylvania 17240.
2
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4.
The plaintiff, Royden A. Mercado, was operating a 1995 Blazer automobile eastbound on
Walnut Bottom Road in Shippensburg Township, Cumberland County, on March 5, 1998, at
3:18 p.m.
5.
As the plaintiff, Royden A. Mercado, neared the entrance of the Kmart shopping center, a
vehicle operated by defendant, Terry Jay Rosenberry, entered his lane of travel and a collision
occurred.
COUNT I
ROYDEN A. MERCADO AND NANCY T. MERCADO
v.
TERRY JAY ROSENBERRY
6.
The averments offact contained in paragraphs one (1) through five (5) of this Complaint
are hereby incorporated by reference and made a part of this Count.
7.
The cause of the collision was the negligence of the defendant, Terry Jay Rosenberry,
which consisted of the following:
a. Failure to keep his automobile under proper control;
b. Failure to yield the right of way to the plaintiff;
c. Failure to warn the plaintiff of the collision;
d. Traveling in excess of the speed limit;
e. Traveling in excess of a safe speed for the traffic and for the
conditions of the highway; and
f. Operating in a careless and reckless manner.
3
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8.
The negligence of the defendant as specified above was the proximate cause of the
collision. He is jointly and severally liable for the collision and the damages sustained by the
plaintiff, Royden A. Mercado.
9.
Another vehicle was involved in the accident which driver was operating his vehicle
while under the influence of alcohol. Limited tort does not apply in this case.
10.
The plaintiff, Royden A. Mercado, also sustained serious personal injuries to his face and
head. The plaintiff still suffers from headaches and neck pain due to the injuries.
11.
The plaintiff, Royden A. Mercado, seeks payment of his damages for pain and suffering
as well as his unpaid lost wages and future damages for pain and suffering.
12.
The plaintiff, Nancy T. Mercado, was married to Royden A. Mercado at the time of the
collision. She suffered the loss of comfort and society of her husband as a direct consequence of
the actions of the defendant, Terry Jay Rosenberry.
WHEREFORE, the plaintiffs, Royden A. Mercado and Nancy T. Mercado, his wife,
request damages less than Twenty-Five Thousand and no/lOO ($25,000.00) against the defendant,
Terry Jay Rosenberry, plus costs and interest as provided by law.
4
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COUNT II
ROYDEN A. MERCADO AND NANCY T. MERCADO
Y:
STEVEN D. GRASLEY. SR.
13.
The averments of fact contained in paragraphs one (1) through twelve (12) of this
Complaint are hereby incorporated by reference and made a part ofthis Count.
14.
At the time of the collision, the defendant, Steven D. Grasley, Sf., was operating a 1987
Chevrolet Astro Van while under the influence of alcohol.
15.
The defendant, Steven D. Grasley, Sr., did strike the rear of the vehicle operated by Terry
Jay Rosenberry which forced him into the lane of travel of the plaintiff, Royden A. Mercado.
16.
The cause of the collision was the negligence of the defendant, Steven D. Grasley, Sr.,
which consisted of the following:
a. Failure to keep his automobile under proper control;
b. Failure to pay proper attention to the traffic ahead;
c. Failure to warn the plaintiff of the collision;
d. Traveling in excess of the speed limit;
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e. Traveling in excess of a safe speed for the traffic and for the
conditions of the highway;
f. Operating in a careless and reckless manner; and
g. Operating his vehicle while under the influence of alcohol.
17.
The negligence of the defendant as specified above was the proximate cause of the
collision. He is jointly and severally liable for the collision and damages sustained by the
plaintiff, Royden A. Mercado.
18.
The plaintiff also sustained serious personal injuries to his face and head. The plaintiff
still suffers from headaches and neck pain due to the injuries.
19.
The plaintiff, Royden A. Mercado, seeks payment of his damages for pain and suffering
as well as payment of his lost wages and future damages for pain and suffering.
20.
The plaintiff, Nancy T. Mercado, was married to Royden A. Mercado at the time of the
collision. She suffered the loss of comfort and society of her husband as a direct consequence of
the actions of the defendant, Terry Jay Rosenberry.
6
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WHEREFORE, the plaintiffs, Royden A. Mercado and Nancy T. Mercado, his wife,
request damages less than Twenty Five Thousand and noli 00 ($25,000.00) against the defendant,
Steven D. Grasley, Sf., plus costs and interest as provided by law.
Respectfully submitted,
IRWIN, MCKNIGHT & HUGHES
A.Mc i ,
60 W t Pomfret Street
Carlisle,
(717) 249-2353
Supreme Court LD. No. 25476
Attorney for plaintiffs,
Royden A. Mercado and
Nancy T. Mercado, his wife
By:
Date: July 10, 2000
7
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by
counsel and us in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
J;:3.~
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NAN T. MERCADO
Date: July 10 .2000
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ROYDEN A. MERCADO and : IN THE COURT OF COMMON PLEAS OF
NANCY T. MERCADO, his wife,
PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
STEVEN D. GRASLEY, SR. and NO. 2000-1199 CIVIL TERM
TERRY JAY ROSENBERRY,
DEFENDANTS JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, Ill, Esquire, hereby certifY that a copy of attached
Complaint was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
William A. Addams, Esquire
ADDAMS & RUNDLE
28 South Pitt Street
P. O. Box 208
Carlisle, PA 17013
Attorney for Defendant
Terry Jay Rosenberry
Steven D. Grasley, Sr.
1595 Lindsey Lot Road
Shippensburg, P A 17257
IRWIN, McKNIGHT & HUGHES
By:
Date: July 11, 2000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
Civil Action - Law
vs.
No. 2000-1199
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please enter a Rule upon ROYDEN A. MERCADO and NANCY T. MERCADO, Plaintiffs, to file
a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros.
BY:
~'-:J
Dated: ,July
/3 . ;;JC)O(J
.
Robert A. Lerman,
Superior Court ID No.: 0749
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant, Steven D. Grasley, Sr.
NOW, ~)(.L L y /..1
, 2000, RULE ISSUED AS ABOVE.
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1> THONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
Civil Action - Law
vs.
No. 2000-1199
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
PRAECIPE AND ENTRY OF APPEARANCE PURSUANT TO PaRC.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Lerman, Esquire and Thomas B. Sponaugle,
Esquire of Griffith, Strickler, Lerman, Solymos & Calkins as attorneys for the Defendant ,Steven D.
Grasley, Sr., in the above-captioned matter and mark the docket accordingly.
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Dated:
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110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant, Steven D. Grasley, Sr.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
Civil Action - Law
vs.
No. 2000-1199
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, ilij, }l'tl;;y of ~ ,2000, I, Rnbort A Lo._, "m~"'"
of the firm of GRIFFITH, STRICKLER, LE N, SOL YMOS & CALKINS, hereby certIfy that
I have this date served a copy of Praecipe for Entry of Appearance by United States Mail, addressed
to the party or attorney of record as follows:
Marcus A. McKnight, III, Esquire
60 W. Pomfret Street
Carlisle, P A 17013
(counsel for Plaintiffs)
BY:
William A. Addams, Esquire
Addams & Rundle
28 S. Pitt Street
Carlisle, PA 17013
(c sel for Defendant, Terry Jay Rosenberry)
Robert A. Lerman
Superior Court ID 0.: 0 490
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant, Steven D. Grasley, Sr.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
Civil Action - Law
vs.
No. 2000-1199
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Robert A. Lerman, Esquire and Thomas B. Sponaugle,
Esquire, as attorneys for Defendant, Steven D. Grasley, Sr., in the above-captioned matter and mark
the docket accordingly.
BY:
~J
_ obert A. Lerman, Esquire
Superior Court ID No. 07490
BY~
Thomas B. S gle, Esquire
Supreme Court LD. No. 64584
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for Defendant, Steven D. Grasley, Sr.
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PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of C. Kent Price, Esquire of Thomas, Thomas & Hafer as
attorney for the Defendant, Steven D. Grasley, Sr., in the above-captioned matter and mark the
docket accordingly.
THOMAS, THOMAS & HAFER, LLP
Dated: '1 lab 100
BY: (1 ~~.;b ~
C. Kent Price, Esquire
Superior Court ID No.:
305 North Front Street
Harrisburg, PA 17101
Telephone: (717) 255-7632
Attorney for the Defendant, Steven D. Grasley, Sf.
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ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRAS LEY , SR., and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
NOTICE
To the Plaintiff:
You are hereby notified to plead to the enclosed Preliminary
Objection within twenty (20) days from service thereof or a
default judgment may be entered against you.
ADDAMS & RUNDLE
By:
~~
Willi m A. Addams
Supreme Court I.D. No. 06265
28 South pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
Terry Jay Rosenberry
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ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRASLEY, SR., and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
PRELIMINARY OBJECTION
AND NOW, comes the Defendant, Terry Jay Rosenberry, by his
attorneys, Addams & Rundle, and in accordance with Pa. R.C.P.
1028 files a preliminary objection in the nature of a motion to
strike, and in support thereof asserts the following:
1. In this action arising out of an automobile accident,
the Plaintiffs allege that Defendant Rosenberry's negligence
consisted of his:
a. Failure to keep his automobile under proper control;
b. Failure to yield the right of way to the plaintiff;
c. Failure to warn the plaintiff of the collision;
d. Traveling in excess of the speed limit;
e. Traveling in excess of a safe speed for the traffic and
for the conditions of the highway; and
f. operating in a careless and reckless manner.
2. The complaint in Paragraph 7f, "Operating in a careless
and reckless manner," does not put the defendant on notice of the
material facts on which the cause of action is based and is in
violation of Pa. R.C.P. 1019(a).
3. In accordance with Connor v. Alleqhenv General Hospital,
501 Pa. 306, 461 A.2d 600 (1983), this vague, ambiguous and
general allegation of negligence should be stricken.
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WHEREFORE, Defendant Terry Jay Rosenberry requests your
Honorable Court to strike Paragraph 7f of the complaint.
ADDAMS & RUNDLE
By:
William A. Addams
Supreme Court I.D. No. 06265
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
Terry Jay Rosenberry
1,-- ,--,-
CERTIFICATE OF SERVICE
AND NOW, this 31st day of July, 2000 I, Mary M. Price,
hereby certify that I have served a copy of the Preliminary
Objection by mailing a copy of the same by United States mail,
postage prepaid, addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
C. Kent Price,
Thomas, Thomas
P.O. Box 999
Harrisburg, PA
Esquire
& Hafer
17108
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter far the next Argunent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
ROYDEN A. MERCADO and
NANCY T. MERCADO,
(Plaintiff)
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vs.
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY
( Defendant)
No.
1199
Civil
lHi 2000
1. State matter to be argued (Le., plaintiff's lII:ltion for new trial. defendant's
demurrer to canplaint. etc.):
Preliminary Objection of Defendant Terry Jay Rosenberry
2. Identify =unse1 who will argue case:
(al far plaintiff: Marcus A.McKnight,III, Esq.
~s: 60 West Pomfret Street, Carlisle, PA 17013
(bl for defendant: William A. Addams, Esquire
~s: 28 South Pitt Street, Carlisle, PA 17013
(c) for Defendant Grasley, Sr., - C. Kent Price, Esq. P.O. Box 999
Harrisburg, PA 17108
3. I will notify all parties in writing within hie days that this case has
been listed for argurent.
4. ArgI.r1Ent Court Date: August 30, 2000
Dated: August 8, 2000
BY:~~
Atto far Def~ndant Rosenberry
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ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRAS LEY , SR., and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
ANSWER
AND NOW, comes the Defendant, Terry Jay Rosenberry, by his
attorneys, Addams & Rundle, and makes the following answer to the
Plaintiffs' complaint:
1-5. Admitted.
COUNT I
PLAINTIFFS v. TERRY JAY ROSENBERRY
6. The answers to Paragraphs 1-5 are incorporated herein
by reference.
7. The allegations in Paragraph 7a-e are denied in
accordance Pa. R.C.P. 1029(e). Paragraph 7f has been withdrawn
by stipulation of counsel.
8. The conclusion of law is denied.
9. After reasonable investigation, the Defendant is
without knowledge sufficient to form a belief as to the truth of
the averment. The same is therefore denied.
10. After reasonable investigation, the Defendant is
without knowledge sufficient to form a belief as to the truth of
the averments regarding the Plaintiff's injuries and damages.
The same are therefore denied.
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11. The answer to Paragraph 10 is incorporated herein by
reference.
12. The answer to Paragraph 10 is incorporated herein by
reference.
WHEREFORE, the Defendant requests Count I be dismissed.
COUNT II
PLAINTIFFS v. STEVE D. GRASLEY, SR.
13-20. The allegations of Paragraphs 13-20 are not applicable
to Defendant Rosenberry.
WHEREFORE, the Defendant requests the complaint be
dismissed.
ADDAMS & RUNDLE
By:
~~
Willi' . Addams
Supreme Court I.D. No. 06265
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
Terry Jay Rosenberry
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VERIFICATION
Terry Jay Rosenberry hereby verifies that the facts set
forth in the foregoing Answer are true and correct to the best of
his knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa.
C.S. !;4904 relating to unsworn falsifications.
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DATE: 8/Sq/tTO
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ROYDEN A. MERCADO and : IN THE COURT OF COMMON PLEAS OF
NANCY T. MERCADO, his wife,
PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
STEVEN D. GRASLEY, SR. and 2000-1199 CIVIL TERM
TERRY JAY ROSENBERRY,
DEFENDANTS JURY TRIAL DEMANDED
NOTICE TO DEFEND
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, order 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 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Dauphin County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
1
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ROYDEN A. MERCADO and : INTHE COURT OF COMMON PLEAS OF
NANCYT.MERCADO,mswU~
PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
STEVEN D. GRASLEY, SR. and 2000-1199 CIVIL TERM
TERRY JAY ROSENBERRY,
DEFENDANTS JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW, this 18th day of September 2000, comes the plaintiffs, Royden A. Mercado
and Nancy T. Mercado, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the
following Complaint against the defendants, Steven D. Grasley, Sr. and Terry Jay Rosenberry, as
follows:
1.
The plaintiffs are Royden A. Mercado and Nancy T. Mercado, his wife, adult individuals
residing at 212 Garland Drive, Carlisle, Pennsylvania 17013.
2.
The defendant is Steven D. Grasley, Sr., an adult individual residing at 1595 Lindsey Lot
Road, Shippensburg, Pennsylvania 17257.
3.
The defendant is Terry Jay Rosenberry, an adult individual residing at P. O. Box 197,
Newburg, Pennsylvania 17240.
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4.
The plaintiff, Royden A. Mercado, was operating a 1995 Blazer automobile eastbound on
Walnut Bottom Road in Shippensburg Township, Cumberland County, on March 5, 1998, at
3:18 p.m.
5.
As the plaintiff, Royden A. Mercado, neared the entrance of the Kmart shopping center, a
vehicle operated by defendant, Terry Jay Rosenberry, entered his lane of travel and a collision
occurred.
COUNT I
ROYDEN A. MERCADO AND NANCY T. MERCADO
v.
TERRY JAY ROSENBERRY
6.
The averments off act contained in paragraphs one (1) through five (5) of this Complaint
are hereby incorporated by reference and made a part of this Count.
7.
The cause of the collision was the negligence of the defendant, Terry Jay Rosenberry,
which consisted of the following:
a. Failure to keep his automobile under proper control;
b. Failure to yield the right of way to the plaintiff;
c. Failure to warn the plaintiff of the collision;
d. Traveling in excess of the speed limit; and
e. Traveling in excess of a safe speed for the traffic and for the
conditions of the highway.
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8.
The negligence of the defendant as specified above was the proximate cause of the
collision. He is jointly and severally liable for the collision and the damages sustained by the
plaintiff, Royden A. Mercado.
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9.
Another vehicle was involved in the accident which driver was operating his vehicle
while under the influence of alcohol. Limited tort does not apply in this case.
10.
The plaintiff, Royden A. Mercado, also sustained serious personal injuries to his face and
head. The plaintiff still suffers from headaches and neck pain due to the injuries.
II.
The plaintiff, Royden A. Mercado, seeks payment of his damages for pain and suffering
as well as his unpaid lost wages and future damages for pain and suffering.
12.
The plaintiff, Nancy T. Mercado, was married to Royden A. Mercado at the time of the
collision. She suffered the loss of comfort and society of her husband as a direct consequence of
the actions of the defendant, Terry Jay Rosenberry.
WHEREFORE, the plaintiffs, Royden A. Mercado and Nancy T. Mercado, his wife,
request damages less than Twenty-Five Thollsand and no/lOO ($25,000.00) against the
defendant, Terry Jay Rosenberry, plus costs and interest as provided by law.
4
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COUNT II
ROYDEN A. MERCADO AND NANCY T. MERCADO
v.
STEVEN D. GRASLEY. SR.
13.
The averments of fact contained in paragraphs one (1) through twelve (12) of this
Complaint are hereby incorporated by reference and made a part of this Count.
14.
At the time of the collision, the defendant, Steven D. Grasley, Sr., was operating a 1987
Chevrolet Astro Van while under the influence of alcohol.
15.
The defendant, Steven D. Grasley, Sr., did strike the rear of the vehicle operated by Terry
Jay Rosenberry which forced him into the lane of travel of the plaintiff, Royden A. Mercado.
16.
The cause of the collision was the negligence of the defendant, Steven D. Grasley, Sr.,
which consisted of the following:
a. Failute to keep his automobile under proper control;
b. Failute to pay proper attention to the traffic ahead;
c. Failute to warn the plaintiff of the collision;
d. Traveling in excess of the speed limit;
e. Traveling in excess of a safe speed for the traffic and for the
conditions of the highway; and
f. Operating his vehicle while under the influence of alcohol.
5
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17.
The negligence of the defendant as specified above was the proximate cause of the
collision. He is jointly and severally liable for the collision and damages sustained by the
plaintiff, Royden A. Mercado.
18.
The plaintiff also sustained serious personal injuries to his face and head. The plaintiff
still suffers from headaches and neck pain due to the injuries.
19.
The plaintiff, Royden A. Mercado, seeks payment of his damages for pain and suffering
as well as payment of his lost wages and future damages for pain and suffering.
20.
The plaintiff, Nancy T. Mercado, was married to Royden A. Mercado at the time of the
collision. She suffered the loss of comfort and society of her husband as a direct consequence of
the actions of the defendant, Terry Jay Rosenberry.
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WHEREFORE, the plaintiffs, Royden A. Mercado and Nancy T. Mercado, his wife,
request damages less than Twenty Five Thousand and no/IOO ($25,000.00) against the defendant,
Steven D. Grasley, Sr., plus costs and interest as provided by law.
Respectfully submitted,
IRWIN, MCKNIGHT & HUGHES
Marc A.
60 West Po
Carlisle, P
(717) 249-2
Supreme Court I. .
Attorney for plaintiffs,
Royden A. Mercado and
Nancy T. Mercado, his wife
By:
Date: September 18, 2000
7
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VERIFICATION
The foregoing Amended Complaint is based upon information which has been gathered
by counsel and us in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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NANC T. MERCADO
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Date:
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ROYDEN A. MERCADO and : IN THE COURT OF COMMON PLEAS OF
NANCY T. MERCADO, his wife,
PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
STEVEN D. GRASLEY, SR. and 2000-1199 CIVIL TERM
TERRY JAY ROSENBERRY,
DEFENDANTS JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Amended
Complaint was served upon the following by depositing a true and correct copy of the same in
the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
William A. Addams, Esquire
ADDAMS & RUNDLE
28 South Pitt Street
P. O. Box 208
Carlisle, PA 17013
Attorney for defendant,
Terry Jay Rosenberry
C. Kent Price, Esquire
Thomas, Thomas & Hafer LLP
305 North Front Street, Sixth Floor
P. O. Box 999
Harrisburg, PA 17108
Attorney for defendant,
Steven D. Grasley, Sr.
By: Marc A.
60 West Po t Street
Carlisle, P A 17013
(717) 249-2353
Supreme Court J.D. No. 25476
Date: September 19.2000
8
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ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRAS LEY , SR., and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
ANSWER TO AMENDED COMPLAINT
AND NOW, comes the Defendant, Terry Jay Rosenberry, by his
attorneys, Addams & Rundle, and makes the following answer to the
Plaintiffs' amended complaint:
1-5. Admitted.
COUNT I
PLAINTIFFS v. TERRY JAY ROSENBERRY
6. The answers to Paragraphs 1-5 are incorporated herein
by reference.
7. The allegations in Paragraph 7a-e are denied in
accordance Pa. R.C.P. 1029(e).
8. The conclusion of law is denied.
9. After reasonable investigation, the Defendant is
without knowledge sufficient to form a belief as to the truth of
the averment. The same is therefore denied.
10. After reasonable investigation, the Defendant is
without knowledge sufficient to form a belief as to the truth of
the averments regarding the Plaintiff's injuries and damages.
The same are therefore denied.
11. The answer to Paragraph 10 is incorporated herein by
reference.
_~4'lIh"':""" .
12. The answer to Paragraph 10 is incorporated herein by
reference.
WHEREFORE, the Defendant requests Count I be dismissed.
COUNT II
PLAINTIFFS v. STEVE D. GRAS LEY , SR.
13-20. The allegations of Paragraphs 13-20 are not applicable
to Defendant Rosenberry.
WHEREFORE, the Defendant requests the amended complaint be
dismissed.
ADDAMS & RUNDLE
By:
.~~~
William A. Addams
Supreme Court I.D. No. 06265
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
Terry Jay Rosenberry
;;,....-.,....,....
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CERTIFICATE OF SERVICE
AND NOW, this 20th day of September, 2000 I, Mary M. Price,
hereby certify that I have served a copy of the Answer to Amended
Complaint by mailing a copy of the same by United States mail,
postage prepaid, addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
C. Kent Price,
Thomas, Thomas
P.O. Box 999
Harrisburg, PA
Esquire
& Hafer
17108
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CUrvIBUiLN~D COUN1Y
PENNSYLv'llNIA
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-1199 CIVIL TERM
JURY TRIAL DEMANDED
ROYDEN A. MERCADO and
NANCY T. MERCADO, his wife,
Plaintiffs
STEVEN D. GRASLEY,SR. and :
TERRY JAY ROSENBERRY,
Defendants
CERTIFICATE OF PREREQUISITE TO SERVE
A SUBPOENA PURSUANT TO RULE 4009.22
As a Prerequisite to service of a Subpoena for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena
attached thereto was mailed to each party at least twenty (20) 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.
4. The Subpoena which will be served is identical to the Subpoena which is
attached to the Notice of Intent
THOMAS, THOMAS & HAFER, LLP
C-~~
C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
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ROYDEN A. MERCADO and
NANCY T. MERCADO, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
2000-1199 CIVIL TERM
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
TO: Counsel of Record
Defendant intends to serve a Subpoena identical to the one 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 no objection is made,
the Subpoena may be served.
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
1.0. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
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DATE: January 2,2001
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CIVIL ACTION - LAW
v.
NO. 2000-1199
STEVEN D. GRAS LEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: State Farm Insurance Company
(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:
A complete COpy of the first-party claim file for your insured, Rov A. Mercado. Policv No.
6072-833-38F. Claim No. 38-1662-290. arisina out of an accident on March 5 or 6,
1998, includina but not limited to applications for benefits. waae loss verifications,
summaries of benefits paid. medical records and reports, bills submitted. independent
medical examination reports, peer reviews, peer review reconsiderations.
correspondence, and policv declaration paae showina coveraaes and tort option
election.
at: Thomas. Thomas & Hafer. LLP, 305 N. Front Street. Harrisbura. PA 17101
(Addressl
You may deliver CJr 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: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant
DA TE: f).!/' cJ9 c7CCeJ
Seal of the Court
BY THE COURT:
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Prothonotary/Clerk. Ci
De~'cL k.):;!k 9-7
(4/97)
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CERTIFICATE OF SERVICE
AND NOW, this 2nd day of January, 2001, I, C. KENT PRICE, ESQUIRE, for the
firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Steven D. Grasley,
Sr., hereby certify that I have this day served the within Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by
depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
William A. Addams, Esquire
ADDAMS & RUNDLE
28 South Pitt Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
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CERTIFICATE OF SERVICE
AND NOW, this Z S~ay of January, 2001, I, C. KENT PRICE, ESQUIRE, for the
firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Steven D. Grasley,
Sr., hereby certify that I have this day served the within Certificate of Prerequisite to Serve
a Subpoena Pursuant to Rule 4009.22 by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
William A. Addams, Esquire
ADDAMS & RUNDLE
28 South Pitt Street
Carlisle, PA 17013
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ROYDEN A. MERCADO and
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Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
2000-1199 CIVIL TERM
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF PREREQUISITE TO SERVE
SUBPOENAS PURSUANT TO RULE 4009.22
As a Prerequisite to service of Subpoenas for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas
attached thereto was mailed to each party at least twenty (20) days prior to the date on
which the Subpoenas are sought to be served.
2. A copy of the Notice of Intent including the proposed Subpoenas are
attached to this Certificate.
3. No objection to the Subpoenas has been received.
4. The Subpoenas which will be served are identical to the Subpoenas which
are attached to the Notice of Intent
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C. Kent Price, Esquire
305 North Front Street
P.O, Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
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ROYDEN A. MERCADO and
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Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-1199 CIVIL TERM
v.
STEVEN D. GRASLEY, SR. and :
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
TO: Counsel of Record
Defendant intends to serve Subpoenas identical to the ones 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 Subpoenas. If no objection is
made, the Subpoenas may be served.
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
DATE: June 4,2001
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
v.
IN THE COURT OF COMMON PLEAS
CIVIL ACTION - LAW
NO. 2000-1199
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Inaersoll-Rand Co.
(Name of Person or Entityl
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
A comolete COOy of the emoloyment/oersonnel file for RoYden A. Mercado. includina but
not limited to emoloyment evaluations. oerformance records. attendance records.
medical records. oayroll records and Worker's Comoensation records for the oeriod
from Januarv 1. 1998 to the oresent date.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisbura. PA 17101
(Addressl
You ma~ deliver or mall 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 addressnsted above. You have the right to seek In advance, the reasonable
cost of preparing the copies or producing the things sought .
If you fall to produce the documents Dr 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: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT ID#: 06776
ATTORNEY FOR: Defendant
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DATE: m:::J;(. )0 .:lr.,..."
Seal of the Court '
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
v.
IN THE COURT OF COMMON PLEAS
CIVIL ACTION - LAW
NO. 2000-1199
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURsuANT TO RULE 4009.22
TO: Jav A. Townsend. M.D.
(Name of Person or Enlityl
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Within twenly (20) days after service of this subpoena, you are ordered by Ihe court to produce Ihe following documents or things:
A comolete coov of all records oertainina to Rovden A. Mercado. includina but not
limited to notes of office visits. records of other health care oroviders. hosoital records.
reoorts of diaanostic studies and bills, for the oeriod from March 1. 1998 to the present
date.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisbura. PA 17101
(Addressl
You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, 10 Ihe party making this requesl althe address listed above. You have the righllo sael< In advance,the reasonable
cosl of preparing the copies or producing the things soughl
If you fall 10 produce the documents or things required by this subpoena, within twenly (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with It
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THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant
............
DA TE:fi a*, J 0 .::l ^'" ,
Seal of e Cou'rt
CERTIFICATE OF SERVICE
AND NOW, this 4- ~ day of June, 2001, I, C. KENT PRICE, ESQUIRE, for the firm
of THOMAS, THOMAS & HAFER, LLP, attomeys for Defendant Steven D. Grasley, Sr.,
hereby certify that I have this day served the within Notice of Intent to Serve a Subpoena
to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by depositing
a copy of the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
THOMAS, THOMAS & HAFER, LLP
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CERTIFICATE OF SERVICE
AND NOW, this 31st day of July, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of
THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Steven D. Grasley, Sr.,
hereby certify that I have this day served the within Certificate of Prerequisite to Serve
Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
THOMAS, THOMAS & HAFER, LLP
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ROYDEN A. MERCADO and
NANCY T. MERCADO, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
2000-1199 CIVIL TERM
STEVEN D. GRASLEY, SR. and :
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF PREREQUISITE TO SERVE
SUBPOENAS PURSUANT TO RULE 4009.22
As a Prerequisite to serVice of Subpoenas for Documents and Things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas
attached thereto was mailed to each party at least twenty (20) days prior to the date on
which the Subpoenas are sought to be served.
2. A copy of the Notice of Intent including the proposed Subpoenas are
attached to this Certificate.
3. No objection to the Subpoenas has been received.
4. The Subpoenas which will be served are identical to the Subpoenas which
are attached to the Notice of Intent
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
I.D. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-1199 CIVIL TERM
JURY TRIAL DEMANDED
ROYDEN A. MERCADO and
NANCY T. MERCADO, his wife,
Plaintiffs
STEVEN D. GRASLEY, SR. and :
TERRY JAY ROSENBERRY,
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
TO: Counsel of Record
Defendant intends to serve Subpoenas identical to the ones 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 Subpoenas. If no objection is
made, the Subpoenas may be served.
THOMAS, THOMAS & HAFER, LLP
C. Kent Price, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7632
LD. No. 06776
ATTORNEYS FOR DEFENDANT
STEVEN D. GRASLEY, SR.
DATE: March 14,2002
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CIVIL ACTION - LAW
v.
NO. 2000-1199
STEVEN D. GRASLEY, SR. and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: State Farm Insurance Company
(Name of Person or Entityl
Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things:
A complete copy of the first-party claim file forvour insured, Roy A. Mercado, Policv No.
6072-833-38F. Claim No. 38-1662-290. arisino out of an accident on March 5 or 6.
1998. includino but not limited to applications for benefits. waoe loss verifications,
summaries of benefits paid. medical records and reports, bills submitted. independent
medical examination reports. peer reviews. peer review reconsiderations,
correspondence. and policv declaration oao.e showino coveraoes and tort option
election from January 25. 2001 to the present.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisburo. PA 17101
(Address)
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 01 preparing the copies or producing the things sought.
If you fail to produca the documents or things required by this subpoena, within twenty (20) days after fis service, the perty 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: C. Kent Price, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant
DATE: (Y(-::llJrL I:> ;:;uY>"-.
Seal of the Court '
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Prothonotary/Clerk, Civil sion
7?rflA'A'''n' J
(4/97)
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Deputy
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROYDEN A. MERCADO and
NANCY T. MERCADO,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CIVIL ACTION - LAW
v.
NO. 2000-1199
STEVEN D. GRASLEY, SR and
TERRY JAY ROSENBERRY,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THING~
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Herman Chiropractic
(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:
A complete copy of all records pertainino to ROYden A. Mercado. includino but not
limited to notes of office visits, records of other health care providers. hospital records,
reports of diaonostic studies and bills. for the period from March 1. 1998 to the present
date.
at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburo. PA 17101
(Addressl
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. Vou 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: C. Kent Price, Esquire
ADDRESS: _P.D. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7632
SUPREME COURT 10#: 06776
ATTORNEY FOR: Defendant
DATE: fl7J)/Lrl... t:) ~rY,~
Seal of the Court'
Prothonotary/Clerk, CiVil Oi n
'- D~Q,J -P ~l1hAtc-1
(4/97)
CERTIFICATE OF SERVICE
AND NOW, this Il.f~ay of March, 2002, I, C. KENT PRICE, ESQUIRE, for the
firm of THOMAS, THOMAS & HAFER, LLP, attomeys for Defendant Steven D. Grasley,
Sr., hereby certify that I have this day served the within Notice of Intent to Serve
Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by
depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
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CERTIFICATE OF SERVICE
AND NOW, this J B~ay of April, 2002, I, C. KENT PRICE, ESQUIRE, for the firm
of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant Steven D. Grasley, Sr.,
hereby certify that I have this day served the within Certificate of Prerequisite to Serve
Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
THOMAS, THOMAS & HAFER, LLP
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C. Kent Price, Esquire
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ROYDEN A. MERCADO and
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Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRASLEY, SR., and
TERRY JAY ROSENBERRY,
Defendants
CIVIL ACTION - LAW
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Certificate to Marcus A. McKnight, ill, Esquire, at 60 West Pomfret Street, Carlisle,
Pennsylvania 17013.
Respectfully submitted,
Date: July 17, 2002
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ROYDEN A. MERCADO and
NANCY T. MERCADO, his wife
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1199 CIVIL TERM
STEVEN D. GRASLEY, SR., and
TERRY JAY ROSENBERRY,
Defendants
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
C. Kent Price, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street, Sixth Floor
P. O. Box 999
Harrisburg, PA 17108
By:
Date: July 17, 2002
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