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HomeMy WebLinkAbout03-3200 WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0.3 - J~~ Coil T~ vs. MEGAN T. NORRIS, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Megan Norris 20 I East Orange Street Shippensburg, PA 17257 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 Plaintiffs. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 282336,1 NOTICIA USTED HA smo DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda v Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamado en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTA. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or (800) 990-9108 282336,} WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03 - 3 ~ (7,~; L c,-~ JURY TRIAL DEMANDED MEGAN T. NORRIS, Defendant CIVIL COMPLAINT 1. Plaintiffs William F. Cleary and Ann T. Cleary, husband and wife, are adult individuals residing at 49 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant Megan Norris ("Norris") is an adult individual residing at 201 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 3. On August 14,2001, at approximately 4:10 p.m., Plaintiff William F. Cleary was the driver and Plaintiff Ann T. Cleary was the owner and passenger of a 1994 Ford Escort with Pennsylvania registration plate number BJK-9723. 4. At the aforesaid date and time, Megan T. Norris was the driver and Timothy M. Norris was the owner of a 1999 Chrysler Cirrus sedan with Pennsylvania registration plate number BLV-0818. 5. At the aforesaid date and time, Plaintiff William F. Cleary was driving and Plaintiff Ann T. Cleary was a passenger in the Escort going westbound on East King Street in Shippensburg, Cumberland County, Pennsylvania and had stopped at a traffic light. 6. At the aforesaid date and time, Norris was operating the aforesaid sedan westbound on East King Street, approaching the intersection with Apple A venue, in Shippensburg, Cumberland County, Pennsylvania. 282336,1 7. At the aforesaid date and time, Norris struck another vehicle in the rear, causing the car to rear-end the Plaintiffs' vehicle which was stopped at the traffic light. COUNT I - NEGLIGENCE Plaintiff Ann T. Cleary v. Defendant Norris 8. Paragraphs I though 7 hereof are incorporated herein by reference as if fully set forth. 9. Norris owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle in such a way as to not cause harm or damage to said other persons and to Plaintiffs in particular. 10. The negligence, carelessness and recklessness of Defendant Norris consisted of the following: (a) Failing to observe the roadway for the presence of other vehicles; (b) Failing to slow or stop the vehicle she was operating so as to avoid a collision; (c) Failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with Plaintiffs' vehicle; (d) Failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; (e) Failing to give warning to Plaintiffs of her impending collision with Plaintiffs' vehicle; (f) Operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. S 3714 and applicable law; -2- 282336,1 (g) Failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (h) Failing to maintain her vehicle to ensure it properly operates; (i) Operating her vehicle at a speed greater than will permit her to bring her vehicle to a stop within the assured clear distance ahead in violation of75 Pa. C.S.A. 93361 and applicable law; G) Operating her vehicle at a speed greater than is reasonable and prudent under the conditions and with regard to the hazards existing in violation of75 Pa. C.S.A. 93361 and applicable law; (k) Following too closely in violation of 75 Pa. C.S.A. 93310 and applicable law; (I) Failing to stop for backed up traffic; (m) Striking another vehicle in the rear propelling it into Plaintiffs vehicle; (n) Failing to slow or stop and failing to obey traffic control signals in violation of75 Pa. C.S.A. 93112 and applicable law; (0) Failing to familiarize herself with the roadway, traffic lights and traffic patterns; (P) Not paying attention to her surroundings; (q) Driving her vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. 9 3736 and applicable law; and (r) Failing to obey traffic control devices in violation of 75 Pa.C.S.A. 93111 and applicable law. II. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Norris, Plaintiff Ann T. Cleary sustained and in the future may sustain -3- 282336-1 14. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Norris, Plaintiff Ann T. Cleary has suffered and may suffer a loss of earnings, permanent disability, impairment and/or loss of earning capacity, loss of ability to perform household services, and loss of productivity. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Norris, Plaintiff Ann T. Cleary has sustained incidental costs and losses to include, but not limited to, past and future medication costs. WHEREFORE, Plaintiff Ann T. Cleary demands judgment in her favor and against Defendant Megan T. Norris for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs of prosecution. Count III - LOSS OF CONSORTIUM William F. Clearv v. Norris 16. Paragraph I through 15 hereof are incorporated herein by reference as if fully set forth. 17. During all relevant times, Plaintiffs William F. and Ann T. Cleary, were husband and wife, and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of Defendant Norris and as a result of the injuries to Plaintiff Ann T. Cleary, the Plaintiff William F. Cleary has been deprived of the assistance, companionship, consortium and society of his wife and has lost her services to him all to his great loss and detriment which may continue indefinitely. - 5 - 282336-1 WHEREFORE, Plaintiff William F. Cleary, demands judgment against Defendant Norris for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. --- By: ~ U/? Francis J. La~~ I{ Esquire Attorney LD. No. 84009 Clark DeVere, Esquire Attorney LD. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: 7/ It?} -6- 282336-1 VERIFICATION I, William F. Cleary, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: 7/; ~3 fdu~ William F. Cleary 282336,1 VERIFICATION I, Ann T. Cleary, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: 7/; / tJ3 ~ r'. Ann T. Cleary C 282336.1 ~ Vi 6 ~ ~ ~ (J 1f~ - ~ ~ ~ ~ ~ ~ n -T'~:~ fYi,: ;:-~ " 6.) ,< ~~ ,...,. j~~ E --~ :,/ :d c (.,'j ~- ,'- , .....J ':'! "-",) ."'" , (.-) ,'''1 , '-'" ~ -<.:; . c...0.s~'i\("'\ ~~:O . Cer-..~\ \?=-, ~1"f'.5- of. ~Nc. '? 10.., ~ ,.(, ('~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.O;)--63d-.(X.:) , TERM \.) 5 ' ::::s6o.. N ~~'N ; ~'-"^-~: OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~~ ~ o.~~ O.:~ --Q"" ,,~.>.~~ ~~~ ~CN"'y--... '"*' \ S. C' 0\. c:; <i2--- . Arbitrator, dissents. (insert name i Date of Hearing: 7( rJ5( () 3 c \ Date of Award: 1/J5!6 3. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: ~ (N~dama~c;e~ar~.rtcry sha,Q!:: separ~ted.~ ~{ cG' (Pro {, ~ ...\o~<<;,~..Q_r u.;i, ~ \ ~~~A ON ~\- r~"= ~ ;. s:-% ~ l1\ a \ CJJ'.. cD c. cs,+..c. o-t NOTICE OF ENTRY OF AWARD Now, the ':;~y of ~'-I. \ <;t , 2~, atIL-:.t:hr, .Et::M., the above award was entered upon the docket and notice th~f give~ mail to t~e ~ie~ or t.P9" attorneys. Artibitrators'compensation to be ( ~~-b, .) 1<. _~~~ Paid upon appeal: Pmthonotary U $290.00 '-.fu: /JAn~I7P~YYL~/ ~ty '/'(0" - lJlJ)0l'{V'--. :s ('/(- 3~~ (6~ , ~~~ ~ f1~ ~ LVlcf~ - pC{J 8vOv2rwO ()(GfL '1J4~ l~ ~ 221LJ __----.--~-w--.."-"----,.-.,....-."...--...- COI~'1 'k> c.lJ, , . ,. fl1.. . fit.c..Iw''i~ " ~f. J'/)~&r ...-.._-.."......._--~ ~! ~ WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs v. MEGAN T. NORRIS, Defendant ;..' TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3200 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please reinstate the Complaint in the above matter. The Defendant should be served at the following address: Megan T. Norris 11 Newportville Road Croydon, P A 19021 METZGER, WIC~AM, KNAUSS & ERB, P.C. By: Dated: 1/1/03 J I 285639,} Fr cis J. Laf~ rty, IV, Esquire Attorney l.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs () c:. <'" -':ltT ITlfT, :z: ::c :Z:C ~~: ~C' ~(-. ~C' C~ ?~ -< o L.,,) ",. c:= c.~ c> -n :.~;~ ,:-n ij<:'-:;J 'ui6 ~~~ ;<';rn :::::::1 1:> ::0 -< w :::> ..,J SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03200 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CLEARY WILLIAM F ET AL VS NORRIS MEGAN T R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NORRIS MEGAN T but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , NORRIS MEGAN T 201 EAST ORANGE STREET SHIPPENSBURG, PA 17257 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 14.49 5.00 10.00 .00 47.49 S~~ I R. Thomas Kline Sheriff of Cumberland .--..."... .-.-..... .....-:::::~- County METZGER WICKERSHAM 07/21/2003 Sworn and subscribed to before me this (,130 day of Or ~ A.D. nQ~ p~tary , ff' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03200 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLEARY WILLIAM F ET AL VS NORRIS MEGAN T 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: NORRIS MEGAN T but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 19th , 2003 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Bucks County So ,~? 18.00 9.00 10.00 48.00 .00 85.00 08/19/2003 METZGER WICKERSHAM ~;:,/ R. . Thomas Kl ine Sheriff of Cumberland County Sworn and subscribed to before me this ,,{ l. E' day of O~ c2vv3 A.D. c. C )vu~.~~ ~rothonotary ~. ~< In The Court of Common Pleas of Cumberland County, Pennsylvania william F. Cleary et al YS. Megan T. No=is SERVE: same 03-3200 civil No. Now, Allgl1;;t 7. 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -:P"'"r?/ r/~' r "'~"","""'~/(?";'~.R 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 $ $ " ~:: : ~~:\t.('~ I:. .;~. :'"Ii, . ,.,-I,',l!,..;; . . 'nll I "" ",!I.'1 ), tit" l",,~l!!; -'1'~!I"""--!''''~ l!I''''F1ff.!!:i''"'",",~'0'''.'''~o ... I'" .! I r' . I ''''T ~, ~ \~ ....1 I! !~:I.JP;'I"'.' ~ I ~ I '1 . f, ~ I ' ~ . ~. Ii . \I~" ":'1 ... -: ' if I~ ~ "L. I ~ ....'.1 '. ~ I Jt 'f' I" , ! ',r ,\ Ii ~~i~".! :1 .....~~l, I' ,\" Jill"' :.. ',;.-!:. .'. I:'~ ' .Tln,"" '" C'", I', I 1Pll'I;:; i:, 'I ',;' "',i' ill:\,;., :: ' ... ~~:. ,:. . :',:; '<""j':ldJ'-",",: ';"-,' WILLIAM F. C I .EAR Y and Al'-<'N T. CLEARY, husband and wife, Plaintiff; IN THE COURT OF COM\lO\! JLJ!\~ or CUMBERLA~D COUNTY, PI Nh'SYL VANL\ CIVIL ACTION - LA W vs NO. 0.3 -3.260 C/');L.'I~ JURY TRIAL DEMANDED MEGAN T. NORIUS. D<efendant NOTICE TO DEFEND TO: Me:gan Norris 201 East Orange Street Sh:ippensburg, PA 17257 YOU HAVE BEEN SUED IN COURT. If you wish to defend against thco (Jaans set forth in the following pages, you must take action within Twenty (20) da,,;: aftcr this ('ompbint and Notice are served, by entering a written appearance personally or by attorney ,me tiling in writing with the Court your defenses or objections to the claims set forth against ynu. "ou are warned tha.t if you fail tn cIa so the case may proceed without you und a judgment may cc entered against you by the Court without further notice for any money claimed in the Complaint or for any other daim or relief mquested by the Plaintiffs. You may lose moncy or property (>r other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVlYER AT ONCE IF VOL! DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP! 10,,'1: Tdt: OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I lEU Lawyer Referral Service Cumberland COlmty Bar Association 2 Liberty A venue Carlisle, PA 17013 (71 7) 249-3166 or (800) 990-9108 () c -.,.: ", ~#tT; -'f :-0_ ~7 ~-~" ~~:~ L ~~f E~ -) t,) k.: .- -0 ~Jr ::"0] "" ,,,! :.,.") l'~f C.opy FROM RE(lJRD . '~u:i wilelool, Il1I/;I;a ~,,~ iTi'j iid'AI ~~i'~:~.'~ ~ '--.. ___./ -'44->-b J .- p(Y i"I~' ;:Je;wrFr: 282336,1 .B'UCKS couNTYjofL SHERIFF'S RETURN Filed 8YtP;5,l!." UIY~p..LlJN j) Bucks Case # O~i.~:18:., 9 Rec'd iLi/-P.3 Special Instructions Action CIVIL ACTTON - mMPI A TNT Plaintiff WIT T lAM F CLEARY vs Defendant MF'GAfi T Ii/DRln.~ 11 NF:WPflRTlTTT T 1<" RflAD ~OYDON, PA 19021 Address Served if Different Served under Pa.R,C.P. #402 ----lA) (i) Defendant personelly served ----lA) (2) (I) Family Member ----lA) (2) (i) Adult in Charge of Residence ----lA) (2) (ii) Manager/Clerk at Defts. Lodging ----lA) (2) (iii) Person in Charge of Business By Handing to Rv ~ting (Not Ser'- _ 30 Days Ran Out _ De/endant Not Homa _ Dafendant Moved _ Address Vacant _ Det Unknown ~. Needs Bettar Add. _ Checked Post Office \ .---JIIo Forwarlli.!1g LI\.. _ Forwarding Address.... ,s'oJ <..~ PPll\t-v... t:' -~ By Daputy ~"\ .,....'- ?~V:~ ~oIlanr- Witness ,_.I.'.~. -~ At ... \"\ o'CIOC~' n., ~ II \ / ~ The above document ...,.. ry(" ino. AArved),n the defendant as per i f rma . t bove in the County of Bucks, Com a a Ivani So answers: S of Bucks y Affirmed and subscribed ~ me on this day ~~:....~ protho:rlt-J Affirmed and subscribed befora me on this day ~ ---/- Notary Public My Com. Exp. ~...tZ_-03 I (t; b tOO( ~- rJ - 0'-:;> I Of {o ( (Lf 7 WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW v. NO. 03-3200 CIVIL TERM MEGAN T. NORRIS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. The Defendant should be served at the following address: Megan T. Norris 11 Newportville Road Croydon, PA 19021 METZGE: .7k:AUSS & ERB, P.C. By: 70 ~ Francis J. Lafferty, IV, Esquire Attorney LD. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: ~~~'? I I Attorneys for Plaintiffs 290180,1 8 <'" vtT n-lr"-r 2:"1\ 2.[ (1),,'- ~C ~>."~ >i~. ~ "~~ , <::0 W o C") --I o " -T: i'-:': j~"'n C' -:-r {C~) .- +; ;' (') -')m }~ -<.. C> -:J r:--? to WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 03-3200 Civil Term MEGAN T. NORRIS, Defendant JURY TRIAL DEMANDED PLAINTIFF'S PETITION FOR SPECIAL ORDER DIRECTING SERVICE BY PUBLICATION Plaintiffs, William F. and Ann T. Clearly, husband and wife, by their undersigned attorney and pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure, moves this Court for a Special Order permitting service by publication in this action. In support of this Petition, the Plaintiffs aver as follows: I. On July I, 2003, Plaintiffs filed a Civil Complaint against Defendant Megan T. Norris 2. Due to an inability to serve Defendant Megan T. Norris, Plaintiffs' Complaint in the above-captioned has been reinstated. 3. Since July 1,2003, Plaintiffs have made a good faith investigation to ascertain the present residence and whereabouts of Defendant Megan T. Norris, but have been unsuccessful. See Affidavit of Investigation pursuant to Pa.R.c.P. No. 430(a) attached hereto as Exhibit "A" and incorporated herein by reference. 4. It is impossible for the Plaintiffs to serve this Complaint by original service of process or by certified mail due to the inability to locate the Defendant Megan T. Norris. Document #: 2 J 20 10. J 5. Unless the Court will allow service by publication, Plaintiff will be unable to maintain this action and injustice will result. WHEREFORE, the Plaintiffs William F. and Ann T. Clearly, husband and wife, request that this Court enter a Special Order directing service on Defendant by publication. By rancis J J.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: JanuaryJo ,2004 -2- Document #: 2/2010./ WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW MEGAN T. NORRIS, Defendant NO. 03-3200 Civil Term JURY TRJAL DEMANDED AFFIDAVIT IN SUPPORT OF PLAINTlF'F'S PETITION FOR SPECIAL ORDER FOR SERVICE BY PUBLICATION I, Francis J. Lafferty, N, Esquire, being duly sworn according to law, deposes and says the following: I. I am the attorney ofrecord in this matter for the Plaintiffs William F. and Ann T. Clearly, husband and wife. 2. At my direction, an investigation was conducted into the whereabouts of the Defendant Megan T. Norris. 3. ' The efforts to locate the Defendant include the following: a. A certified letter enclosing a copy of the Complaint was sent to the Defendant Megan T. Norris at her last known address and was returned unclaimed; b. A second certified letter enclosing a copy of the Complaint was sent to the Defendant at an address provided by her automobile insurance carrier at the time of the accident. The letter was returned unclaimed and the post office indicated that there was no forwarding address; c. Attempts where made to look in the local telephone book for Defendant Megan T. Norris' name and address, but these attempts were unsuccessful; Document #: 2/2010.1 d. Phone calls to the attorney for Defendant Megan T. Norris' father, which have gone unreturned; and d. A telephone call to the local post office of Defendant Megan T. Norris' last known address indicated that there was no forwarding address for Defendant at this time. By USS & ERB, P.C. Francis J. fferty, IV, Esquire J.D. No. 84009 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs Subscribed and Sworn to before me this2o':idayof 'l;;N".tz.'<, 2004. eJ {2~ Notary Public My commission expires on: NOTAl'IIAl !lEEAL CAROL A. LYTER, Notary Public City of Harrisburg, o.uphin County My comm~ Ellpies Dec. 28, 2004 -2- Document #: 212010.1 0 "" 0 co <:; ~~ -n <- -< -,..- J'."'" -..-[1 Z rl1e -pf' . N :-uCJ ;J (c),c> -:J ~~~ ~~ ;.:"::rn <:! -:\ t';'- ~: '~I ~ 'V WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW vs. NO. 03-3200 Civil Term JAM 2 3 2004 t" MEGAN T. NORRIS, Defendant JURY TRIAL DEMANDED ORDER AND NOW, thisj~ day ocJ..J,.,v'''d' 2004, upon consideration of the Plaintiffs' Petition for Special Order Directing Service by Publication, it is hereby ordered as follows: Plaintiffs' Petition for Special Order Directing Service by Publication IS GRANTED. BY THE COURT: cQ:7J~~ cc: hrancis J. Lafferty, N, Esq. - counsel for Plaintiffs Document #: 212010.1 >- ~ s~ l?. is @B: u;l.1:I FE l;. r- o ~ 6'~ (.)~ a:::i -" ~? f.0 ..,.]7 i~;:lZ ~~b 1J.J ~a.. ::J U ..=:;. ::!l: 0.. M I a:> W w.. ..:r => = "" 105 J ILlASI TJMILLPGI \3294\ \JMFI 15000\50000 WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3200 CIVIL TERM MEGAN T. NORRIS, Defendant JURY TRJAL DEMANDED ENTRY OF APPEARANC]~ TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Megan T. Norris, with respect to the above-referenced matter. DATE: Afll.lL- Zc::'1 2w1- Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & G GIN BY: rj#l~ ~{ I.D. No. 52 8 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendant Megan T Norris WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, PENNSYLVANIA Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, v. NO, 03-3200 CIVIL TERM MEGAN T. NORRIS, Defendant JURY TRL<\L DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ::.,ff' day of April 2004, served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham PO Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 , \~~~ \\\ .~ ~ ~nne M. Parr Q -,.'.' . '" f::.:~ c..:.;l ....- C) -n ::[:! ih:::rJ r- P"i;;-n esC? :~J~? J:;:>',. :;"...' I'J -;-1 I...') N :-n ~0 -' 105_ A ILlABIDNCILLPGlI61525\JAA 118255100131 WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, PENNSYLVANIA Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, TO~~ yon A HEREBY NOTIFIED TI ~.:nT.2t:ttH E EN. C LOS E ! II. \"IITHiU IWENT ^ (20) DAYS FROM 1 He SERVICe HERE NO. 03-3.<:00 CNIL TERM OF OR A DEFAULT JUDGMENT MA BE ENTERED AGAINST YOU. MEGAN T. NORRIS, Defendant JURY TRJAL DEMANDED A1TORNEYFOR~ ANSWER WITH NEW MATTER OF DEFENDANT" MEGAN T. NORRIS TO PLAINTIFFS' COMPLAINT I. Admitted in part; denied in part. It is admitted only that plaintiffs are who they say they are. The remaining allegations of this paragraph are denied in accordance with Pa.RC.P. 1029(c). 2. Admitted in part; denied in part. It is admitted that Megan Norris is a defendant in this action. All remaining allegations of this paragraph are denied in accordance with Pa.R.C.P. I029(c). 3. Denied. After reasonable investigation and inquiry, defendant lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph in accordance with Pa.RC.p. I029(c) and proof thereof is demanded at trial. 4. Denied. After reasonable investigation and inquiry, defendant lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph in accordance with Pa.RC.P. 1029(c) and proof thereof is demanded at trial. 5. Denied. After reasonable investigation and inquiry, defendant lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph in accordance with Pa.RC.p. I029(c) and proof thereof is demanded at trial. 6. Admitted. 7. Denied. The averments set forth in paragraph 7 are conclusions ofIaw with new meaning to Pa.R.C.P. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.P. I029(c) and proof thereof is demanded at trial, if relevant. 8. Paragraphs 1-7 are incorporated herein by reference as if fully set forth at length. 9. Denied. The averments set forth in paragraph 9 are conclusions of law with new meaning to Pa.R.C.P. I029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.P. I029(c) and proof thereof is demanded at trial, if relevant. 10. Denied. The averments set forth in paragraph 10 are conclusions of law with new meaning to Pa.R.C.P. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way of fuI1her answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.P. 1029(c) and proofthereofis demanded at trial, if relevant, together with its subparts A-R, are conclusions of law, etc. 11. Denied. The averments set forth in paragraph 11 are conclusions of law with new meaning to Pa.R.C.p. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.c.P. 1029(c) and proof thereof is demanded at trial, if relevant, together with its subparts A-H. 12. Denied. The averments set forth in paragraph 12 are conclusions oflaw with new meaning to Pa.R.C.P. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way offi.rrther answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.P. I 029( c) aud proof thereof is demanded at trial, if relevant. 13. Denied. The averments set forth in paragraph 13 are conclusions oflaw with new meaning to Pa.R.C.P. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.c.P. 1029(c) and proof thereof is demanded at trial, if relevant. 14. Denied. The averments set forth in paragraph 14 are conclusions oflaw with new meaning to Pa.R.C.p. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. By way of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.p. I029(c) and proofthereofis demanded at trial, if relevant. 15. Denied. The averments set forth in paragraph 15 are conclusions of law with new meaning to Pa.R.C.P. 1029(e) to which no response is required and accordingly, these allegations are denied and proof thereof is demanded at trial. Byway of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.P. 1029(c) and proof thereof is demanded at trial, if relevant. WHEREFORE, defendant, Megan T. Norris respectfully request judgment in her favor and against plaintiffs together with such a relief as this Court shall deem appropriate. 16. Paragraphs 1-15 are incorporated herein by reference as if fully set forth at length. 17. Denied. The averments set forth in paragraph 7 are conclusions oflaw with new meaning to Pa.R.C.P. I029(e) to which no response is required and accordingly, these allegations are denied and proofthereof is demanded at trial. By way of further answer, and to the extent any further response of pleading is deemed required, then defendant denies the allegations set forth in this paragraph in accordance with Pa.R.C.P. 1029(c) and proof thereof is demanded at trial, if relevant. WHEREFORE, defendant, Megan T. Norris respectfully request judgment in her favor and against plaintiffs together with such a relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 18. Plaintiffs' Complaint fails to state cause of action against defendant Upon which relief may be granted as a matter of law. 19. Plaintiffs' claims may be barred and/or limited by applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. No act or mission in the part of defendant is substantial contributing factor in bringing about plaintiffs' injuries and/or damages, all such injures and/or damages being expressly denied. 21. Defendant breeched no duty of care owed to plaintiff under the circumstances described in Plaintiffs' Complaint as a matter oflaw. 22. Plaintiffs are barred from recovery from defendant for any injuries and/or damages, all such injuries and/or damages being expressly denied. 23. Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied, are the result of pre-existing medical and/or physical conditions and did not result from the alleged negligence of defendant and/or from the motor vehicle accident referenced in Plaintiffs' Complaint. WHEREFORE, defendant, Megan T. Norris respectfully requests judgment in her favor and against plaintiffs together with such relief as this Court shall deem appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 1/2-161 LITE, Attorney for Defendant VERIFICATION DONALD L. CARMELITE, ESQUIRE, attorney for defendant, Megan T. Norris, in the above-captioned matter, verifies that the facts set forth in the foregoing Answer and New Matter of Defendant, Megan T. Norris, to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. lfthe above statements are not true, the deponent is subject to the penalties of 18 P A. C.S. 94904 relating to unsworn falsification to authorities. D L. CARMELITE, ESQU DmD1/ ;210f WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, PENNSYLVANIA Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, v. NO. 03-3200 CIVIL TERM MEGAN T. NORRIS, Defendant JURY TFUAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehe:y, Warner, Coleman & Goggin, do ~ hereby certify that on this~ day of September 2004, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham PO Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 \\\'l ,anne M. Parr ) \\\ ,~~~ - p C.) C--', '" ':"'::-J C":;.J ~ U) ~: J o -n .-.) -, iH:!.: c :-;-1!""7"1 :,__-:i :.....).i 1',- OJ;. ) r-rl ,; f'\J W WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CNIL ACTION - LAW MEGAN T. NORRIS, NO. 03-3200 CNIL TERM Defendant JURY TRIA.L DEMANDED PLAINTIFFS' REPLY TO NEW M'\TTER OF DEFENDANT MEGAN T. NORRIS ~ 18. Conclusions ofIaw, no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.p. 1029 (e) and 1030 (note). By way of further reply, Plaintiffs have stated claims against Defendant in their Complaint upon which relief may be granted, which are incorporated herein by reference as fully set forth. 19. Conclusions of law, no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.p. I 029 (e). By way of further reply, the Plaintiffs' Complaint speaks for itself and is incorporated herein by reference. Furthermore, Defendant has failed to specifically identify the sections of the Pennsylvania Motor Vehicle Financial Responsibility Law that allegedly bar and/or limit Plaintiffs' claims and therefore, Plaintiffs Cannot properly respond. Moreover, Plaintiffs' claims ar(~ not precluded, barred, or limited in any manner pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Conclusions of law, no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.c.p. 1029 (e) and 1030 (note). By way of further reply, the Defendant's negligence was a substantial contributJing factor in bringing about Document #312815.1 , Plaintiffs' injuries and/or damages as set forth in Plaintiffs' Complaint. By way of further response, Plaintiffs incorporate herein by reference as if fully set forth the Complaint filed in this matter. 21. Conclusions of law, no reply is required. If a mply is required, the averments are specifically denied and denied pursuant to Pa.R.c.p. 1029 (e). By way of further response, the Defendant breached duties of care owed to the Plaintiffs under the circumstances described in Plaintiffs' Complaint as set forth therein. By way of further reply, Plaintiffs incorporate the Complaint filed in this matter as if fully set forth. 22. Conclusions oflaw, no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.c.p. 1029 (e). By way of further response, Defendant has failed to specify how Plaintiffs are barred from recovery from Defendant for their injuries and/or damages and therefore, Plaintiffs Cannot properly respond. Moreover, Plaintiffs' claims are not precluded, barred, or limited in any manner and Plaintiffs incorporate herein by reference as if fully set forth, the Complaint filed in this matter. 23. Conclusions of law, no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.p. 1029 ( e). By way of further response, the Plaintiffs' injuries and/or damages as averred in their Complaint were the result of Defendant's negligence. By way of further reply, Plaintiffs incorporate herein by reference as if fully set forth, the COmplaint filed in this matter. WHEREFORE, Plaintiffs, William F. and Ann T. Cleary, d,emand that Defendant, Megan T. Norris' New Matter be dismissed and jUdgment be entered in their favor and against Defendant as requested in the Complaint filed in this action. Document #3128/5.1 2 METZGER, WIC S & ERB, P.c. By: Dated: October 8, 2004 Francis J a erty, N, Esquire Attorney J.D. No. 84009 3211 NOIth Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Document #312815./ 3 CERTIFICATE OF SERVICE - I, Francis J. Lafferty, N, Esquire, of the law firm ofM~~tzger, Wickersham, Knauss & Erb, P.c., hereby certifY that I served a true and exact copy of Plaintiffs' Reply to New Matter of Defendant Megan T. NOrris with reference to the foregoing action by first class mail, postage prepaid, this 8th day of October, 2004, on the fOllowing: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B HarriSburg, PA 17112 ~ .J.." 1'-.) c.,') (,.~':.;> .....:- C:) ( ) -""\ r" -'n r:'? C) 105.A ILIAB\DNCILLPG\I92983\JMF\18255\OO 131 WILLIAM F. CLEARY and ANN T. CLEARY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3200 CNIL TERM MEGAN T. NORRIS, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END CASE TO: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED. Respectfully submitted, METZGER, W CKERSHAM ......-- DATE: !/d.'iJJ05 BY: F CIS J. AFF RTY, IV, ESQUIRE PO Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs n ~; -::-~, r" ,..., = f,'; ~ G~) IV .;:- \ ~~~~ ~ .-- ""'" ....-r" -- Q -11 -\ :r:-n n1 r:. -'o\\'" -.09 qo :..:.. -r, ,\_~n 'J-- ';~-:~ "2, 'J~ ~ '-:? -'