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HomeMy WebLinkAbout01-05258HIT WINTER MOSS, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW JANIE RENEE ANDERSON, Defendant :JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-9108 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus pro- piedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUEN7RA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-9108 2 KIT WINTER MOSS, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. Off- S"~S~ l.~v~\,~"_ v. JANIE RENEE ANDERSON, CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Kit Winter Moss, by and through her attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant, Janie Renee Anderson, and avers as follows. Plaintiff, Kit Winter Moss, is an adult individual who resides at 201 Valley Street, P.O. Box 475, Summerdale, Cumberland County, Pennsylvania 17093. 2. Defendant, Janie Renee Anderson, is an adult individual who resides at 106 Summer Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Kenneth E. Anderson, Jr., is an adult individual who resides at 40 E. Cardott Street, Ridgway, Elk County, Pennsylvania 15853. This Court has jurisdiction over this matter on the grounds that the facts and circumstances surrounding the automobile accident in question and which give rise to this action occurred on February 14, 2000, at the intersection of Summer Lane and College Hill Road, East Pennsboro Township, Cumberland County, Pennsylvania. FACTS At approximately 2:55 p.m. on February 14, 2000, Plaintiff was operating a 1988 Plymouth Reliant, which she owned, and was traveling east on College Hill Road, which is a two (2) lane roadway separated by double yellow lines with one lane traveling east and the other traveling west. 6 On the aforesaid date and time, Defendant, Janie Anderson was operating a 1995 Hyundai Accent, which was owed by Kenneth Anderson, Jr. and was traveling north on Summer Lane, which is a two (2) lane roadway, with one lane traveling north and the other traveling south. 7. On the aforesaid date and time, Defendant pulled forward from the stop sign on Summer Lane and into the path of Plaintiff who was traveling with the oncoming traffic on College Hill Road and caused a severe collision to occur with Plaintiffs vehicle. After the impact, Plaintiff s vehicle came to rest in an easterly direction on the double yellow lines of College Hill Road and Defendant's vehicle came to rest in a southerly direction after going over the curb and striking a sign for the Summerdale Apartments. 9 As a result of the aforesaid accident, Plaintiff sustained serious, permanent injuries and disfigurement as set forth below. 10. At the time of the aforesaid accident, Plaintiff was the named insured on an auto policy through Allstate Insurance Company, Policy No. 69872240 and said policy provided for full tort coverage. 2 DAMAGES 11. Paragraphs 1 through 10 are incorporated herein by reference and made a part hereof. 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe and permanent injuries that include, but are not limited to, the following: (a) Closed fracture of the third metacarpal; (b) Closed fracture of the fourth metacarpal; and (c) Joint stiffness; and (d) Various other contusions and abrasions. 13. As a result of the aforesaid accident and related injuries, Plaintiff has suffered and will in the future continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, disfigurement; embarrassment and loss of life's pleasures. 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in her normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer great physical nervous, mental and emotional distress. 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer impairment to her great health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medical care beyond that which she might otherwise recover. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss of income and earning capacity beyond that which she may be otherwise entitled to recover. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which she may otherwise be entitled to recover. COUNTI-NEGLIGENCE Kit Winter Moss v. Janie Renee Anderson 20. Paragraphs 1 through 19 are incorporated herein by reference and made a part thereof. 21. The aforesaid accident was caused by the negligence, carelessness, recklessness, and outrageous conduct of Defendant. 22. At the time and place aforesaid, the motor vehicle operated by Defendant traveled through an intersection and struck Plaintiff s vehicle. 23. At the time and place aforesaid, Defendant, Janie Anderson, failed to exercise ordinary care for the safety of the Plaintiff, and was negligent, careless, and/or reckless in the following manner: (a) Defendant failed to properly and safely operate her vehicle under the conditions that existed at the time; 4 (b). Defendant was operating her vehicle in an unsafe manner while approaching and/or proceeding through the stop sign under the conditions that existed at the time; (c) Defendant failed to maintain a proper lookout before proceeding into Plaintiff s lane of travel; (d) Defendant failed to obey the stop sign while operating her vehicle; (e). Defendant failed to yield to oncoming traffic while operating her vehicle; (f) Defendant failed to operate her vehicle in the proper lanes of travel on the roadway; (g) Defendant failed to have her vehicle under control at all times; and (h) Defendant failed to take any evasive actions so as not to strike Plaintiffs vehicle. 24. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendant, and was not due to any act or failure to act on the part of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY: Susan M. Seighman Attorney I.D. #70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717)234-4121 Dated: ~ ~ ~ ~ G1~ / Attorney for Plaintiff azi6s.t VERIFICATION I, the undersigned, Kit Winter Moss, do hereby certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: /a _ $'~ o?OU / IS~W ~~~ Kit Winter Moss, Plaintiff <v N w ~ '~ /,. 0 I v~ c c.~ :`J __-'~ %r_~ T C3C> {J ~n --t ~~ ~' ZZ o?~ A ~ C'i cm r ~G.? ~~; 71_ ~ ~ ~~ -~<- G~ ~ 3'i .r~. _ ~ .. ~ _._ ~_ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05258 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOSS KIT WINTER VS ANDERSON JANIE RENEE RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANDERSON JANIE RENEE DEFENDANT the at 1655:00 HOURS, on the 25th day of September, 2001 at 313 O SHADY LANE ENOLA, PA 17025 by handing to LOLLY BENTCH, BABYSITTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before meDthis dP'~ day of w~r~~~~.w .~d+~/ A.D. -T /) c Prothonotary So~ ~ ,r~ R. Thomas Kline 09/26/2001 TUCKER ARENSBER BY : ~_. De uty S eriff ..__ ~. , . ..., K' KIT WINTER MOSS, Plaintiff v. JANIE RENEE ANDERSON, Defendant .. ~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5258 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned action. Very truly yours, TUCKER ARENSBERG & SWARTZ ~~ GI.,U+ Susan M. Seighman ,~ 4 ~, __ A ~ - ~~~ - S i '~ _ ~L~ fV ,-~ .yl r ..- ,'i <C '~; ,-G C? _.» , - .~ ~ ~C h L~ T}r ~ '-`~ 4 l0 " -< \~ SHERIFF'S RETURN - REGULAR CASE Nc7: 20'01-05258 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOSS KIT WINTER VS ANDERSON JANIE RENEE RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ANDERSON JANIE RENEE was served upon the DEFENDANT at 1655:00 HOURS, on the 25th day of September, 2001 at DEFENDANT'S ADDRESS: 313 Q SHADY LANE PA 17025 by handing to LOLLY BENTCH, BABYSITTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 So Answers: ~~ R. Thomas Kline 11/08/2001 TUCKER Sworn and Subscribed to before By me this ~ day of ~p,~y~~, o26y/ A . D . ~Proth~ota ~~ HIT WINTER MOSS, Plaintiff v. JANIE RENEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. `UI- S~~ ~lU~~,j~ ~=` ~, CIVIL ACTION -LAW '~?~ cn mrn ~ ~. Z'? i ' -'' i ~' ~- u. ~ ° es 4 3, JURY TRIAL DEMANDED c ~' -cr z `' ~t5 ~c~ ;.,> ~ ; n NOTICE TO DEFEND AND CLAII~!I R[GHTS ~ w ~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the.,claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. 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. TRUE COPY FROM RECORD Cumberland County Bar Association fn Testilnolry whefeof, I.hefe un4o Set my hand 2 Liberty Avenue and the Seal of Said Cou at CafKsle, Pa. Carlisle, PA 17013 T day ~ ele ,hone: (717) 249-3166 or 1-800-9108 ~~ thon9taty NOT{CIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus pro- piedades o otros derechos imporiantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-9108 2 HIT WINTER MOSS, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. v. JANIE RENEE ANDERSON, CIVIL ACTION -LAW Defendant :JURY TRIAL DEMANDED COMPI:AINT AND NOW, comes the Plaintiff, Kit Winter Moss, by and through her attorneys,' TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant, Janie Renee Anderson, and avers as follows. Plaintiff, Kit Winter Moss, is an adult individual who resides at 201 Valley Street, P.O. Box 475, Summerdale, Cumberland County, Pennsylvania 17093. Defendant, Janie Renee Anderson, is an adult individual who resides at I06 Summer Lane, Enola, Cumberland County, Pennsylvania 17025. Kenneth E. Anderson, Jr., is an adult individual who resides at 40 E. Cardott Street, Ridgway, Elk County, Pennsylvania 15853. This Court has jurisdiction over this matter on the grounds that the facts and circumstances surrounding the automobile accident in question and which give rise to this action occurred on February 14, 2000, at the intersection of Summer Lane and College Hill Road, East Pennsboro Township, Cumberland County, Pennsylvania. FACTS At approximately 2:55 p.m. on February 14, 2000, Plaintiff was operating a 1988 Plymouth Reliant, which she owned, and was traveling east on College Hill Road, which is a two (2) lane roadway separated by double yellow lines with one lane traveling east and the other traveling west. On the aforesaid date and time, Defendant, Janie Anderson was operating a 1995 Hyundai Accent, which was owed by Kenneth Anderson, Jr. and was traveling north on Summer Lane, which is a two (2) lane roadway, with one lane traveling north and the other traveling south. 7. On the aforesaid date and time, Defendant pulled forward from the stop sign on Summer Lane and into the path of Plaintiff who was traveling with the oncoming traffic on College Hill Road and caused a severe collision to occur with Plaintiff s vehicle. 8. After the impact, Plaintiff s vehicle came to rest in an easterly direction on the double yellow lines of College Hill Road and Defendant's vehicle came to rest in a southerly direction after going over the curb and striking a sign for the Summerdale Apartments. As a result of the aforesaid accident, Plaintiff sustained serious, permanent injuries and disfigurement as set forth below. 10. At the time of the aforesaid accident, Plaintiff was the named insured on an auto policy through Allstate Insurance Company, Policy No. 69872240 and said policy provided for full tort coverage. DAMAGES 11. Paragraphs 1 through 10 are incorporated herein by reference and made a part hereof. 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe and permanent injuries that include, but are not limited to, the following: (a) Closed fracture of the third metacarpal; (b) Closed fracture of the fourth metacarpal; and (c) Joint stiffness; and (d) Vazious other contusions and abrasions. 13. As a result of the aforesaid accident and related injuries, Plaintiff has suffered and will in the future continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, disfigurement, emban•assment and loss of life's pleasures. 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in her normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer great physical nervous, mental and emotional distress. 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer impairment to her great health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medical care beyond that which she might otherwise recover. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss of income and earning capacity beyond that which she may be otherwise entitled to recover. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which she may otherwise be entitled to recover. COUNT I -NEGLIGENCE Kit Winter Moss v. Janie Renee Anderson 20. Paragraphs 1 through 19 are incorporated herein by reference and made a part thereof. 21. The aforesaid accident was caused by the negligence, carelessness, recklessness, and outrageous conduct of Defendant. 22. At the time and place aforesaid, the motor vehicle operated by Defendant traveled through an intersection and struck Plaintiff s vehicle. 23. At the time and place aforesaid, Defendant, Janie Anderson, failed to exercise ordinary care for the safety of the Plaintiff, and was negligent, careless, and/or reckless in the following manner: (a) Defendant failed to properly and safely operate her vehicle under the conditions that existed at the time; (b). Defendant was operating her vehicle in an unsafe manner while approaching and/or proceeding through the stop sign under the conditions that existed at the time; (c) Defendant failed to maintain a proper lookout before proceeding into Plaintiffs lane of travel; (d) Defendant failed to obey the stop sign while operating her vehicle; (e). Defendant failed to yield to oncoming traffic while operating her vehicle; (f) Defendant failed to operate her vehicle in the proper lanes of travel on the roadway; (g) Defendant failed to have her vehicle under control at all times; and (h) Defendant failed to take any evasive actions so as not to strike Plaintiff s vehicle. 24. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendant, and was not due to any act or failure to act on the part of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully submitted, TiJCKER ARENSSERG Bc S~VARTZ By: Susan M. Seighman Attorney LD. #70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: - ~ I ~ ~1~ I Attorney for Plaintiff 42165.1 VERIFICATION I, the undersigned, Kit Winter Moss, do hereby certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ _ $'~ a0U i - = (N~/~lb~ Kit Winter Moss, Plaintiff ,.V3ffi*Yab3znSs~e~am ,r .+S1s.xu~u~3. n _ .,, ~.~'v. ,.., ..e.~i. a ra ws < ..,-ae+aw£~~Nmw~~' rtirx.-c - '~~4u Y~~`t t . - - _1 f. J d: --- ..-.::. ~,:~u S ~ ~:~ .~ ~~ ,Q•f*~yT~ n ~: D ~~ J~ •~ 1 Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant KIT WINTER MOSS, Plaintiff v. JANIE RENEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-5258 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED APPEARANCE AND NOW, this /~~day of November, 2001, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530 on behalf of Defendant Janie Renee Anderson in the above captioned suit. JOHNSON, DUFFIE, STEWART &WEIDNER oy Weidner, Jr. :151904 5774362 CERT/F/GATE OF SERV/CE AND NOW, this ~Jr~ay of November, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Susan M. Seighman, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 JOHNSON, DUFFIE, STEWART & WEIDNER Michelle Hagy ~~ ~. ,., ,, +Johnson, Duffie, Stewart & Weidner By: C.•Itoy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant KIT WINTER MOSS, Plaintiff v. JANIE RENEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5258 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER TO PLA/NT/FF'S COMPLA/NT AND NOW, this Q :~%`day of January, 2002, comes Defendant, through her undersigned attorneys, and answers your complaint as follows: 1. Admitted. 2. Admitted in Part. Denied in Part. The Defendant's identity is admitted. Her address is denied. 3. - 9. Admitted. DAMAGES 11. Admitted in Part. Denied in Part. Paragraphs 1 - 10 hereof are incorporated by reference 10. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. herein. r~ _ ... ..Hi' 12. - 19. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. COUNT 1-NEGLIGENCE Kit Winter Moss v. Janie Renee Anderson 20. Admitted in Part. Denied in Part. Paragraphs 1 - 19 hereof are incorporated by reference herein. 21. - 24. Denied. WHEREFORE, Defendant demands that Plaintiff's complaint against her be dismissed. NEW MATTER - MVFRL 25. Defendant is entitled to the restrictions on Plaintiffs ability to recover damages provided in the Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands that Plaintiff's complaint against her be dismissed. JOHNSON, DUFFIE, STEWART & WEIDNER s,~~ ~_.. By: . Ro eidner, Jr. :152328 5774-362 i VER/F/CATION The undersigned says that the facts set forth in the foregoing answer are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Janie Renee Anderson Dated{~I ~ ~ 1(~,~ ~i~~ ~~ CERTOF/GATE OF SERVICE AND NOW, this 0 day of January, 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Susan M. Seighman, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 JOHNSON, DUFFIE, STEWART & WEIDNER B : 1 ~~ Y w ~~ Ile Hagy :152328 5774-362 4 46.4-i"s4sll4a%ffi~''fYFxlbGk.s*Ck}Y.BM ..4 Eyr+S -•»~ aro~_ .~vs42eE'~it~HI'~`S%iPatu'MS~MUaann."JeaseiA3':Yya~v6'u~' 1 ~5~" (~, ._ M ~1~~~~ "~ !r ~t ~_'< i l L~ 11 r- ~~; ii ~'-. n __' - : ._._ . ~. ~ r C~ r: ~~ -~ ,. ~ is ~ .: "_ -- C:~ __. -- {_ i ` C:: j J1 "< tC rS ~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. NO. 015258 ANDERSON CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the Subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the Subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The Subpoena(s) which will be served is identical to the Subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/22/02 C 1 File #: M282350 C ROY WEIDNER, ESQUIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ATTORNEY FOR DEFENDANT INQIIIRIHS SHOIILD BH ADDRHSSHD TO: MEDICAL LEGAL REPRODUCTIONS, INC. _4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. ANDERSON TO: SUSAN SEIGHMAN No. 015258 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TliIleiGS FOR DLSCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 12/27/01 C ROY WEIDNER, ESQIIIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQIIIRISS S80IILD BS ADDRSSSSD T0: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M282350 MOSS Vs, ANDERSON COH4DNWEALTA OF PfS49SYLVANIA (bUNPY OF Q1FiBF~AtID File No. 015258 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ALLSTATE INS CO, 6345 FLANK DR STE 1000, HARRISBURG PA 17112 T0: (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docxrnents or things: _ SEE A at ~ ___ __ MEDICAL LBGAL RSPRODIICTIONS(A~~,SS~940 DISSTON ST., PHILA., PA You. may deliver or mail legible copies of the documents or produce things requested h•: this subpoena, together wit!1 the certificate of carpliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within tuent~ (20) days after its service, the party serving 'thin subpoena may seek a court orde•~ crnpel l ing you to ar,Ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWlNG PERSON: NAME:_ C ROY WEIDNERI ESQ ADDRESS: TELEPHONE: LEMOYN ,~I7043-0109 SUPREPE OOlA2T ID ,'# 215-335-3212 ` ATTORNEY FOR: 19530 _ DEFENDANT M282350-01 . 12/al,/01 . DATE: . Seal of the Court By.7}~ OOURTC _ _ _ r, i Q. ~ .. .. ~.. Prothonotary Clerk, Civil Division Deputy (Eff. 7/97) MOSS Vs. ANDERSON ADDENDUM TO SUBPOENA No. 015258 CUSTODIAN OF RECORDS FOR: ALLSTATE INS CO ALL POLICY INFORMATION WITH REGARD TO THE 2/14/00 ACCIDENT, INVOLVING DEC PAGE, 1ST PARY BENEFIT FILE AND PROPERTY DAMAGE FILE, INCLUDING ESTIMATES AND DUPLICATE ORIGINAL PHOTOS OF THE VEHICLES, INSD: KIT MOSS; DOL: 2/14/00; CLAIM #155371195001 PERTAINING TO: NAME: KIT W MOSS ADDRESS: 201 VALLEY ST BOX 475 SUMMERDALE PA DATE OF BIRTH: 03/08/58 SSAN: 180546035 CERTIFIEED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ l RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ 3 NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or ALLSTATE INS CO M282350-01 * * * SIGN AND RETURN THIS PAGE wcwe.>rm.;..~m'rs,~e x:..._..izrw ~ ., -n~ :_.-n rr".u_.,,xi v ,A~xu_ - ~~p~ffi~M1'kif9llhi~ N - ~bdfl" ®~^i. ~3 -i} -~ r„rs . ~'- 2?: N ~`>` ..~,, -~~ '"} TPG .-- csti IJ' / 4 IN THE d''OURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. NO. 015258 ANDERSON CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/15/02 r~ C ROY WEIDNER, ESQUIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ATTORNEY FOR DEFENDANT INQIIIRIES SBOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M284171 By: Jacqueline Ciarrocchi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. ANDERSON I No. 015258 T0: SUSAN SEIGHMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THIlVGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 02/22/02 C ROY WEIDNER, ESQUIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQIIIRISS SHOIILD BS ADDRBSSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M284171 ~ ' MOSS Vs. ANAER.SON NATHP:NS CA TO: AT'F7.7. PF.RR File No. 015258 SUBPOENA TO PRODUCE GCCt~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 201 N ENOLA RD, ENOLA PA 17025-2414 TFT. TIFDARTMFNT ~` - - - -- _ 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 AT1 ADD ADDEND -~ at M$DICAL LS(3AL RBPgODIICTIONS(A~ss~940 DISSTON ST., PBILA., PA You may deliver or mail legible copies of the documents or produce things requested ~} this subpoena, together with the certificate of crnpliance,• to the patty making thi: request at the address listed above. You have the right to seek in advance the reas~nabla 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 'thi:, subpoena may seek a court orde•- crnpelling you to certply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOVIING PERSON: NAME: r' RrIP WF:TT)NF.R, ESQ ADDRESS: TELEPHONE: LEMOYNE, PA 17043-0109 SUPREhE COURT ID ATTORNEY FOR: M284171-01 03/e j /02 DATE: 215-335-3212 DEFENDANT Seal of the Court COZgpNWFALTH OE' PENNSYLVANIA OOUbT1R OF (I1NI13II2LA1!ID BY THE COURT: ~ , eP ~ ~,;,.- Prothor~ot / erk, Civil Division ~12 c.L2~-~ Deputy (Eff. 7/97) ADDENDUM MOSS Vs. ANDERSON TO SUBPOENA No. 015258 CUSTODIAN OF RECORDS FOR: 1VATHANS CAFE ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME-CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-.EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS: MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: KIT W MOSS ADDRESS: 201 VALLEY ST BOX 475 SUMMERDALE PA DATE OF BIRTH: 03/08/58 SSAN: 180546035 CERTIFIED PHOTOCOPIES. WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( `) X-RAYS Date CUMBERLAND M284171-01 ( ) PATIENT BILLING ( } RECORDS. / XRAYS have been destroyed Aut orized signature or NATHANS CAFE *** SIGN AND RETURN THIS PAGE *** Yil3~,awa-.9~mss bxre:.~.~~f ,eu y. a_-. .._..x.. .._.~s~mak~a~i,+u6fYBl6a _- ~ ...•.~••. ~k ~. r1 C~? ` C Fi ~~ ~: - -- n~~p~' v:~ -r 07,: hi _ r: C r' :. -C._~ ti_5 -~~~ i ,_ .f~ J ~}+ "[. /~ ~(v~/(V(/y// ~" / ttohnson, I)uffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 170x3-0109 (717) 761-4540 KIT WINTER MOSS, Plaintiff v. JANIE RENEE ANDERSON, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5258 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAEC/PE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. TUCKER, ARE~NSBERG & 5WARTZ JOHNSON, DUFFIE, STEWART & WEIDNER Dennis . Sheaffer .Roy Weidner, Jr. DISCONTINUANCE CERTIFICATE AND NOW, .. UOf suit has been marked as above directed. PROTHONOTARY :233533 5774-362 1 .,, CERTIFICATE OF SERVICE AND NOW, this 27~h day of September, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne; Pennsylvania, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 JOHNSON, DUFFIE, STEWART & WEIDNER ' helle H. Spa gler~- :233533 5774-362 ~~J r.> c`~ ~- _,;n .°i.` N ~T .r.. Cp It ~' ~~: ~ %:~ {-~ y. r"' W n 3 [rt r ~C~y { ^~,r .r-n ~;~rn _~