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Home My WebLink About99-05666?.1 R? l 11 g' - 4Y ra 4:v w 4yf^ }l rt(? `?t1 v Y , rj +a at. r ? S.. r..r 1 r; w y;. rt luR ?m ",1199 SHOLLEN13ERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Kimberly McGlaughlin and Margaret McGlaughlin, Plaintiffs V. Oliver L. Seguin, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q2-_?_l L, CL'iC _ l CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a Writ of Summons against the above-listed Defendant at the following address: Oliver L. Seguin 3290 Baltimore Pike Littlestown, PA 17340 Respectfully submitted, SHOLLENBERGER & JANUZZI. LI P By: Dated: I Commonwealth of Pennsylvania County of Cumberland Kimberly McGlaughlin and Margaret McGlaughlin Court of Common Pleas V _ No. -----99- __5666 Ci_v_il --- Term lg Oliver L. Seguin In ____ Civil _Action _=_Law_ ----------------- 3290 Baltimore Pike Littlestown, PA 17340 To __ Oliver L._ Sequin----------------------- You are hereby notified that ------ JSLmbesly_MrGlaughlin-and margaret-MaGlaughLin------------------------------------ the Plaintiff has commenced an action in ____ Ci____.yi- l -- Action ---------- -- Law ---------------------------------- against you which you are required to defend or a default judgment may be entered against you. `" (BERG) . 999 Date ----September-l5........... 1999- ------- •---- Curtis R.-Lonv------------------------- Prothonotary `gy .ll?n e r epn(ry ['l7ILC ?t i a Fi FIf! U? b? ?Lnj J O A ?d C C by of d o c ' ' ? CWF ? i i U) C ?I a ; I Q ) V] Q i ; r '?? S OrN ? Vi i a Ln a?A Ln Z!Niy °i aa'7I a qm ?o r-?a inW y Win O c ? ?N Gbit?O ?rl?'f fV+1 41 ?4 ? E U1 co .?-1M xr H I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCGLAUGHLIN KIMBERLY ET AL VS. SEGUIN OLIVER L R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: SEGUIN OLIVER L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS _ County, Pennsylvania. to serve the within WRIT OF SUMMONS On September 29th 1999 , this office was in receipt of the attached return from ADAMS County, Pennsylvania. Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 ?yll Surcharge 8.00 in i Dep. Adams Cc 20.80 S3S. t$II SHOLL NBERGER & JANUZZI 09/291999 Sworn and subscribed 4o before me this ?2 9 w day of 19?? A.D. DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 ---- SHERIFF SERVICE NSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No 5) copy of the form. Please , PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies Do not detach any copim ACSD ENV.e I PUINTIFF/SI -- - ---- -..___ -- KIMBERLY MCGLAUGHLIN and MARGARLI' hICGLAUCHLIN 2 COURT NUMBER 7 DEFENDANT/S/ -- '---"------._---_-._.._-__- 99-5666 Civil 'hero) OLIVER L. SEQUIN A TYPE OF WRIT OR COMPLAINT i4rit of SunnonS in Civil Action SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORA iION. ETC TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLO y Oliver L. Seguin (FADDRESS (Street or RFD, Apartment NO . Cory Boro. Two Stale and ZIP CODE) AT 3290 Baltimore Pike, L1Ctlcstowm, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL PERSON IN CHARGE DEPUTIZE -: CERT. MAIL 11 REGISTERED MAIL L) POSTED . OTHER Now, __ 19 _, i, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION'. N B WAIVER OF WATCHMAN-Any deputy ShenN levying upon a, attaching any property under within wnl may leave same without a watchman, in custody of whomever is found in possession, alloy notifying Person of levy Or attachment, without liability on the part of such deputy or the Sharon to any plaintiff herein for any loss. destruction Or removal of any such WOp9ny before sheriffs sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on beh$It of 10 TELEPHONE NUMBER I t DATE Timothy A. Shollenberger, Esq. 11PLAINTIFF :DEFENDANT (717) 234-3700 12. I acknowledge recelpl of the WTI- __ - x x V nL - u SIONATU _? ?r TUflE of Authorised ACSDnrr-r- T ' Deputy or Clerk and Title or complain) as indicated above. la Expiration/ 15. 1 hereby CERTIFY end RETURN Ihal I X have personally served, " 1 have served person in charge, f i have legal evidence of service as shown in "Remarks" Ion reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc.. at the address shown above or on the individual, company, corporation, etc., at the address Inserted below by handingfdr Posting a TRUE and ATTESTED COPY Bul 1. and return a NOT FOUND because I am unable to Name and title of lodmidual served Oliver L. Seguin Address of where nerved (complete to and ZIP CODE) only if different than shown above) mupa.. y. wrporauon, are., named above. (See remarks below) Ie. A prbn of fu,leble ape and daint, dl Read Order an rerldinp on Inc defendant'. usuit ol6e d abode ? or PFD, Apanmem NO.. City. Boro. TWO. 20. Date Of Service 21. Time 9/23/99 1 10:50AM 22. ATTEMPTS Date MIIH Oap.lnt. Date TMlles Gap.lnl. Dais Mllaa Dsp.lnt. Data I T -Mllaa Dep.lnl. Oats Mllae Dep.InL Cost$ 75? 23. 00 YFhI Sheri f2 #25906 25 26 27 Total Co- als 7 M REFUND o 20.80 Pd. 9/27/99 4 0 Ck. #2559 AFFIRMED and subscribed to before me min N/A -?` , BY 16tWOf/DeD Sheuxl lPlew Pn Or1Y 1 Data day of Kenneth U. Kuntz c Signature of Sheriff Date MY COMMISSION EXPIRES SHERIFF OF ADAMS COUNTY I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE D9. Dale Receive0 OF AUTHORIZED ISSUING AUTHORTIY AND TITLE. nn ^TU,'n AN'YT A D V DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 .____----------- !-INSTRUCTIONS: SHERIFF SERVICE See INSTRUCTIONS FOR SERVICE OF PROCESS BY PROCESS RECEIPT, and AFFIDAVIT OF RETURN p " RMEfntFF on fin inserting reverse dthe Idol (No 5) copy of INS form Please PROCESS t al Ix any copies pies A A r 01 all ell noplos Ott not ot dnlach any CSD ED EN ENV. a I PLAINTIFFISI 1 COURT NUMBER !DEFENDANT/Sl a TYPE OF WRIT OR COMPLAINT' SERVE 5 NAME OF INDIVIDUAL COMPANY. CORPORATION ETC TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD ------------ ------- -- -- ----- - - 6 ADDRESS (Street Or PFD, 4panmant No . Cey. Boro Txp Stale and ZIP CODE) AT 7 INDICATE. UNUSUAL SERVICE' PERSONAL PERSON IN CHARGE DEPUTIZE CERT. MAIL . REGISTERED MAIL. . POSTED . OTHER Now, __- 19 __ ., [,SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of _.-_______ County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 3 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE VOTE ONLY APPLICABLE ON WRIT OF EXECUTION N e WAIVER OF WATCHMAN-Any deputy sheriff levying upon or anaeh ng any property under within writ may ±.t+e Tame without a watchman, m custody of wnomnrer is found in possessor after notifying person of levy or attachment. without bawily on the part of such deputy or de, sn.,n In any plaintiff herein for any toss, destruction or remu+al of any such property before Sheriff'S sale therept a. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of tG TELEPHONE NUMBER I t DATE I PLAINTIFF - :DEFENDANT - j SPACE BELOW FOR USE OF SHERIFF ONLY- DO NOT WRITE BELOW TH IS LINE 12. 1 acknowledge receipt of the writ _ SIGNATURE of Authorized ACSD Deputy or Clerk and Tills - 13 Date Received la E.p rat on Nov ng der or complaint as indicated above -' 15 1 hereby CERTIFY and RETURN that I Z have personally served, . nave served person in charge, have legal evidence of service as shown in "Remarks" (on reversal have pasted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handinglof Posting a TRUE and ATTESTED COPY therof 16. C 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc . named above. (See remarks belowl 17. Name and title of individual served Ta A Dean. of swuele " ed Uemeuan Read Order men raking ,n the defendant's usual piece-offelede I. l.1 19. Address of where served (complete only II different Nan shown above) (Street or RFD, Apartment No. City, Soro. Twp . 20 Date of Service 21 Time State and ZIP CODE) 22. ATTEMPTS Date Mlles Dep-lne Dale Mlles Uep Int. I Data Milea Dep Int. Date ] Miles Dep.lnt. Date Mlles Dep.inl. L IL 23. Advance Costs 24 25 26 2t. Total Costs 26 COST'DUE. QR REFUND u;FIRMEO and subscribed to before me Inv By i hi lff )Dep SnenM) (Plis. part of Tiam Data 13Y ol ------. tB Signature of Sheriff i Dale PromonolaryNapurymolary Public SHERIFF OF ADAMS COUNTY tY COMMISSION EXPIRES - I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39; Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. . ev) A In The Court of Common Pleas of Cumberland County, Pennsylvania Kimberly McGlaVghlin, et. al. Oliver L. Sequin No. 99-5666 Civil Now,9/16/99 , 19_ 1 SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to 19_, at o'clock M. served the copy of the original So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this _ day of , 19_ MILEAGE AFFIDAVIT the contents thereof. 5 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET GLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Oliver L. Seguin. CIVIL ACTION - LAW NO. 99-5666 JURY TRIAL DEMANDED Respectfully submitted, NESTICO, KORPQW & DRUBY, LLP By: hard B. Dtuby, quire Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendant /? e Dated: /a11 7 9 = a CERTIFICATE OF SERVICE 1, Richard B. Druby, of the law firm of Nestico, Korposh & Druby, L.L. P., hereby certify that on the ? day of October, 1999, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND CIVIL ACTION - LAW MARGARET GLAUGHLIN, Plaintiffs V. NO. 99-5666 OLIVER L. SEGUIN, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A notice of intent to serve subpoenas with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, 3. No objection to the subpoena has been received. In fact, Plaintiffs counsel has waived the 20 day notice period as evidenced by the attached waiver form and, 4. The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. Respectfully submitted, Date: NESTICO, KGRPOSI-1 a? L1BY, L.L.P. By: _ "chard B. Druby, EsWuirt?l Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylva: iq 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET GLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant NOTICE TO: Penn.Dot, Driver Record Service PO Box 68695 Harrisburg, PA 17106-8695 CIVIL ACTION - LAW NO. 99-5666 JURY TRIAL DEMANDED The enclosed subpoena is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(3). Complete the acknowledgement part of this form and return the copy of the completed form to the sender in the enclosed self-addressed envelope. Sign and date the acknowledgement. If you are served on behalf of a partnership, unincorporated association, corporation or similar entity, indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority. Date: 5 7 !!b Respectfully submitted, NEs'rlcG, By: & DRUBY, LLP Ij4ard B. Druby, Es ire 'Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY MCGLAUGHLIN AND MARGARET MCGLAUGHLIN, Plaintiffs CIVIL ACPION - LAW V. File No. 99-5666 OLIVER L. SEGUIN, Defendant JURY TRIAL DE24ANDED SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PennOot, Driver Record Service PO Box 68695, Harrisburg, PA 17106-8695 (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: any and all driver information including but not limited to citations judgments accidents suspensions, revocations licen e to us deortmental actions from 1995 through the present for Kimberly MQGlaughlin Dos 8/16/6 and S N 166-4A-99C)2 at Nestico, Korposh & Drubv 475 West Governor Road Hershey, PA 17033 (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 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 REOUEST OF THE FOLLOWING PERSON Name Rinhard R nn,hv Fcrn,•r. Address: 475 w,acr r. ..e Telephone: 2j2-533-5406 Supreme Court ID 4 _ 61904 Attorney For: Defendant Seal of BY THE C URT: Date: 7"ff Prot --- notarp//Clerr Civi ision/? Deputy (Eff. 7/97) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET GLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant NOTICE TO: Gettysburg Hospital, Human Relations 117 Getty Road Gettysburg, PA 17325-0786 CIVIL ACTION - LAW NO. 99-5666 JURY TRIAL DEMANDED The enclosed subpoena is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(3). Complete the acknowledgement part of this form and return the copy of the completed form to the sender in the enclosed self-addressed envelope. Sign and date the acknowledgement. If you are served on behalf of a partnership, unincorporated association, corporation or similar entity, indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority. Respectfully submitted, Date: S 0? NESTICO, KORPQ&jiI & DRUBY, LLP By: r R and B. Druby,Esqu? ttorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY MLGLAUGHLIN AND MARGARET MCGLAUGUIN, Plaintiffs CIVIL ACTION - LAW V. File No. --9-4-5666 OLIVER L. SEGUIN, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gettvsb_ ura Hosp,tal. LM 'an Rolah' ° 117 mot,.} no-rd,?rtyshur _pA j7.325-0786 (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: any and all o lp nt records includ'na hit not 1'mita to nlrcat nnc atalratinnc}- wage and salary information disciplinary records and Job description for Kimberly McGlaughlin (DOB 8/16163) from the beginning of her ernplovrnent to the present at Nesticro Ko sh & Drub 475 West Governor Road Hershey, PA 17033 (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 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 Richard B. Dzubv Esquire Address: 475 West Governor Road Hershey PA 17033 Telephone: 717-533-5406 Supreme Court ID ff - 61904 Attorney For: Defendant BY THE Date: Seal of the Court Deputy (Eff.7/97) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGFILIN AND CIVIL AC'T'ION - LAW MARGARET GLAUGHLIN, Plaintiffs V. NO. 99-5666 OLIVER L. SEGUIN, Defendant JURY TRIAL DEMANDED WAIVER OF 20 DAY NOTICE UNDER Pa R C P 4009.21 I, Timothy Shollenberger, Esquire, counsel for Plaintiffs hereby waive the 20-day notice under Pa.R.C.P. 4009.21 and have no objection to the subpoenas being served. CERTIFICATE OF SFRVICE 1, Richard B. Druby, of the law firm of Nestico, Korposh & Druby, L.L.P., hereby certify that on the e day of May, 2000, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg. P' 17106-0545 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNfY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND CIVIL ACTION - LAW MARGARET GLAUGHLIN, Plaintiffs V. NO. 99-5666 OLIVER L. SEGUIN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Enter Rule on the Plaintiffs to file a Complaint within twenty (20) days of service or suffer judgment of non pros. Respectfully submitted, NESTICO, KORPOSIJ,Bc DRUBY, L.L.P. By: (,v i 42 ichard B. Druby, re Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533.4483 Date: `f / Attorney for Defendant r CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Korposh & Druby, L.L.P., hereby certify that on the 7 day of July, 2000, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger, Esquire Shollenberger& Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 hard B. Druby IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET MCGLAUGHLIN, Plaintiffs CIVIL ACTION - LAW v. OLIVER L. SEGUIN, Defendant NO. 99-5666 JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT To: Kimberly and Margaret McGlaughlin c/o Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 You are hereby directed to file a Complaint in the above matter within twenty (20) days of service or non pros will be entered against you. Date: I. I v , q app Prothonotary ?? SHOLLENBEGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234.6212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER L. SEGUIN, Defendant NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrators Office Cumberland County Courthouse One Courthouse Square Carlisle, Pa. 17013 (717) 240-6200 SHOLLENBERGER 8 JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN Plaintiffs V. OLIVER L. SEGUIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo at partir de la fecha de la demands y la notificacion. Listed debe presentar una apariencia escrita o an persona o por abogado y archivar en la corte an forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido an la peticion de demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court Administrators Office Cumberland County Courthouse One Courthouse Square Carlisle, Pa. 17013 (717) 240-6200 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KIMBERLY McGLAUGHLIN and MARGARET MCGLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET MCGLAUGHLIN by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1 2. 3. 4. The Plaintiff, KIMBERLY MCGLAUGHLIN, is an adult individual who currently resides at 123 Ridge Road, Gettysburg, Adams County, Pennsylvania 17325. The Plaintiff, MARGARET McGLAUGHLIN, is an adult individual who currently resides at 380 Blacksmith Shop Road, Gettysburg, Adams County, Pennsylvania 17325. The Defendant, OLIVER L. SEGUIN, is an adult individual whose last known address is 3290 Baltimore Pike, Littlestown, Adams County, Pennsylvania 17340. The facts and circumstances hereinafter set forth took place on November 25, 1997 at or about 5:58 p.m., at the intersection of Baltimore Pike and McAllister Mill Road, Cumberland Township, Adams County, Pennylvania. 5. At the aforesaid time and place, the Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, were passengers in a 1992 Ford Taurus, bearing Pennsylvania registration plate # NXG074, owned and operated by ROBERT L. McGLAUGHLIN. 6. At the aforesaid time and place, the Defendant, OLIVER L. SEGUIN, was the owner and operator of a 1993 Ford Econoline, bearing Pennsylvania registration plate # OLLIES. 7. At the aforesaid time and place, the aforesaid Ford Taurus in which the Plaintiffs were passengers was stopped in the northbound lane of Baltimore Pike, displaying a left turn signal prior to turning left on to McAllister Road. 8. At the aforesaid time and place, Defendant, OLIVER L. SEGUIN was traveling north on Baltimore Pike in the aforesaid Ford Econoline and collided into the rear of the Plaintiffs' vehicle. 9. As a direct and proximate result of the aforesaid collision, Plaintiff, KIMBERLY McGLAUGHLIN, has suffered serious and permanent injuries, including but not limited to the following: a. severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the cervical spine; b. ulnar neuropathy; C. upper extremity paresthesia; d. strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the thoracic spine; e. severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the lumbo-sacral spine; f. lumbosacral, sacroiliac somatic dysfunction; g. lumbar subluxation at 1-3/1-5; h. disc bulging at 1-4-5 and 1-5/S 1; i. myofascial pain syndrome; J. closed head injury; k, post traumatic cephalgia; 1. severe contusion to the anteromedial aspect of the left knee; M. Internal derangement of the left anterior compartment of the left knee; n. possible anterior cruciate ligament strain; o. patellar tendonitis of the left knee; P. contusion of the right knee; q. shock to the nerves and nervous system; and r. mental and physical anguish. 11. As a direct and proximate result of the aforesaid collision, Plaintiff, MARGARET McGLAUGHLIN, has suffered serious and permanent injuries, including but not limited to the following: a. severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the cervical spine; b. severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the thoracic spine; C. severe strain and sprain of the muscles, tendons, ligaments and other soft tissue at or about the lumbar spine; d. strain and sprain of the muscles, tendons, ligaments and other soft tissue at or about the left rib area; e. contusion of the left chest wall; f. shock to the nerves and nervous system; and g. mental and physical anguish. COUNTI KIMBERLY McGLAUGHLIN V. OLIVER L. SEGUIN 12. Paragraphs land 3 through 9 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 13. The aforesaid collision and resulting injuries were the direct and proximate result of the negligence of Defendant, OLIVER L. SEGUIN, in operating his vehicle in a careless, reckless and negligent manner as follows: a. in failing to have his vehicle under proper and adequate control; b, in failing to apply his brakes in time to avoid a collision; C. in permitting or allowing his vehicle to strike and collide with the rear of the vehicle in which Plaintiffs were passengers; d. in failing to operate his vehicle at a speed and in such manner so as to be able to stop within the assured clear distance ahead; a. in be able toostooperate p within l the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; f. in operating the vehicle while under the influence of alcohol; g, in operating his vehicle while under the influence of alcohol, in violation of 75 Pa. C.S.A. § 3731(a)(1)(4)&(5). 14. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, OLIVER L SEGUIN, as set forth above and was due in no manner whatsoever to any act or failure to act on the s part of the Plaintiff, KIMBERLY McGLAUGHLIN. 1? h 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, KIMBERLY McGLAUGHLIN, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, KIMBERLY McGLAUGHLIN, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, KIMBERLY McGLAUGHLIN, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, KIMBERLY McGLAUGHLIN, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, KIMBERLY McGLAUGHLIN, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, KIMBERLY McGLAUGHLIN, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 21. As a further result of this collision, Plaintiff, KIMBERLY McGLAUGHLIN, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. § 1719. 22. Plaintiff, KIMBERLY McGLAUGHLIN, is deemed to have the full tort option under her motor vehicle insurance policy since the Defendant was convicted of driving under the influence of alcohol or controlled substance in the collision as codified in 75 Pa. C.S.A. § 1705(d)(1)(i). 23. Defendant, OLIVER L. SEGUIN , was operating his vehicle while intoxicated. 24. Defendant's intoxication rendered him incapable of safely operating his vehicle. 25. Defendant operated his vehicle knowing that he was intoxicated to the degree that he could not safely operate that motor vehicle. 26. Defendant's knowing operation of a motor vehicle while under the influence of alcohol to a degree that rendered him incapable of safely operating that vehicle is an act which was malicious, wanton, intentional and in reckless disregard of the safety of the Plaintiff, KIMBERLY McGLAUGHLIN. 27. Notwithstanding the facts as set forth in paragraph 22 of Plaintiffs' Complaint, Plaintiff, KIMBERLY McGLAUGHLIN, is deemed to have full tort insurance coverage because she selected the full tort option under her motor vehicle insurance policy with Nationwide Insurance. A copy of the declaration page is attached hereto as Exhibit "A". WHEREFORE, Plaintiff, KIMBERLY McGLAUGHLIN, demands judgment against the Defendant, OLIVER L. SEGUIN, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration and for punitive damages. COUNT 11 MARGARET McGLAUGHLIN V. OLIVER L. SEGUIN 28. Paragraphs 2 through 8, 11 and 13 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 29. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, OLIVER L SEGUIN, as averred in paragraph 13 above, and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, MARGARET McGLAUGHLIN. 30. As a direct and proximate result of the aforesaid collision and injuries, Plaintiff, MARGARET McGLAUGHLIN, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 31. As a further result of the aforesaid injuries, Plaintiff, MARGARET McGLAUGHLIN, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 32. As a further result of the aforesaid injuries, Plaintiff, MARGARET McGLAUGHLIN, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 33. As a further result of the aforesaid injuries, Plaintiff, MARGARET McGLAUGHLIN, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 34. As a further result of the aforesaid injuries, Plaintiff, MARGARET McGLAUGHLIN, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 35. 36. 37 38 39. 40. 41 42 As a further result of the aforesaid injuries, Plaintiff, MARGARET MCGLAUGHLIN, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. As a further result of the aforesaid injuries, Plaintiff, MARGARET MCGLAUGHLIN, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. § 1719. Plaintiff, MARGARET McGLAUGHLIN, is deemed to have the full tort option under her motor vehicle insurance policy since the Defendant was convicted of driving under the influence of alcohol or controlled substance in the collision as codified in 75 Pa. C.S.A. § 1705(d)(1)(1). Defendant, OLIVER L. SEGUIN , was operating his vehicle while intoxicated. Defendant's intoxication rendered him incapable of safely operating his vehicle. Defendant operated his vehicle knowing that he was intoxicated to the degree that he could not safely operate that motor vehicle. Defendant's knowing operation of a motor vehicle while under the influence of alcohol to a degree that rendered him incapable of safely operating that vehicle is an act which was malicious, wanton, intentional and in reckless disregard of the safety of the Plaintiff, MARGARET MCGLAUGHLIN. Notwithstanding the facts as set forth in paragraph 36 of Plaintiffs' Complaint, , Plaintiff, MARGARET McGLAUGHLIN, is deemed to have full tort insurance coverage because she selected the full tort option under her motor vehicle insurance policy with Erie Insurance Group. A copy of the declaration page is attached hereto as Exhibit "B". WHEREFORE, Plaintiff, MARGARET McGLAUGHLIN, demands judgment against the Defendant, OLIVER L. SEGUIN, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration and for punitive damages. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Attorney No. 34343 Dated: December 9, 2000 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORNEY AFFIDAV (,Timothy A. Shollenberger, Esq., being duly sworn according to law, deposes and says that he is the attorney for the within Plaintiffs, Kimberly McGlaughlin and Margafet McGlaughlin, that he is authorized by Plaintiffs to make this Affidavit on their behalf, and that based on information supplied by the Plaintiffs, he believes that the facts set forth in the foregoing Complaint in the above captioned matter are true and correct. Sworn and subscribed before me this 9th day of December, 2000 Not Public Shollenberger & Januzzi, LLP SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED ATTORNEY AFFIDAVIT (,Timothy A. Shollenberger, Esq., being duly sworn according to law, deposes and says that he is the attorney for the within Plaintiffs, Kimberly McGlaughlin and Margafet McGlaughlin, that he is authorized by Plaintiffs to make this Affidavit on their behalf, and that based on information supplied by the Plaintiffs, he believes that the facts set forth in the foregoing Complaint in the above captioned matter are true and correct. By Sworn and subscribed before me this Bth day of December, 2000 Not Public Shollenberger& Januzzi, LLP IN TIIE COURTOP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND CIVIL ACTION- LAW MARGARET MCGLAUGHLIN, Plaintiffs V. NO. 99-5666 OLIVER L. SEGUIN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default of judgment may be entered against you. NESTICO & Dated: 1 tfa By: [?fchard B. Druby, E tr Attorney I.D. No. 6 4 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717)533-5406 (717)53 1-5717 Attorney for Defendant IN THE COURT Of, COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MC'GLAUGI ILIN AND MARGARETMCGLAUGI-H.IN, ("'V11- ACTION - LAW Plaintiffs V. NO. 99-5666 OLIVER L. SEGUIN, Defendant JURY TRIAL DEMANDED ORDER the AND now this day of 2000, it is hereby Ordered that Preliminary Objections of Defendant, Oliver L. Se sustained and Plaintiffs' Complaint is dismissed, Seguin to Plaintiffs' Complaint are BY THE COURT n. i"j5 TI IF." COIJR'I' ()I" COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET MCGLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant CIVIL ACTION - LAW NO. 99-5666 JURY TRIAL DEMANDED ORDER AND now this day of_ -- -__, 2000, it is hereby Ordered that the Preliminary Objections of Defendant, Oliver L. Seguin to Plaintiffs' Complaint are sustained and the Prothonotary is hereby directed to transfer this matter to Adams County. Costs of transfer are to be paid by the Plaintiffs pursuant to Pa.R.C.P. 1006. BYTHECOURT 1. IN TIIB COl1R'i UP COMMON I'LI?AS CUMBERLAND COl1NTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET MCGLAUGHLIN, Plaintiffs CIVIL. ACTION - LAW V. OLIVER L. SEGUIN, Defendant NO. 99-5666 JURYTRIAL DEMANDED ORDER AND now this day of_ - -__, ?000, it is hereby Ordered that the Preliminary Objections of Defendant, Oliver L. Seguin to Plaintiffs' Complaint are sustained and Paragraph 13 (a) is stricken from Plaintiffs' Complaint. BY THE COURT: J. IN 11 Th coUR'f OP C'Op-IN,ION PITAS CUMBERLAND COUNTY. PENNSYLVANIA KIMBERLY MC'GLAIIGNLIN AND MARGARE"1' MCGLAUGI ILIN, Plaintiff's V. OLIVER L. SEGI TIN, Defendant CIVIL AC'T'ION -- LAW NO. 99-5666 .ILIRY TRIAL DEMANDED DEFENDANT'S PRELIMINARY 013JECTIONS TO PLAINTIFFS' COMPLAINT AND now, comes Defendant, Oliver L. Seguin. by and through his attorneys, Nestico R Drolly, L.L.P. and files these Preliminary Objections to Plaintiffs' Complaint as follows: I . This action allegedly arises out of an accident on November 25,1997 on Baltimore Pike and McAllister Mill Road in Adams County, Pennsylvania. 2. All parties to this action reside in Adams County IMPROPER VENUE 3. Paragraphs I and 2 above are incorporated herein by reference. iJ ti'.p 4. Under Pa. R.C. P. 1006 (a), "an action against an individual may be ry brought in and only in it anmly in which he may be served or in which the cause of action arose or where it transaction or occurrence look place oil[ ol'which the cause of k4i action arose or in any other county authorized by law." k, 5. In (lie present nutler. the cause of action allegedly arose in Cumberland Township, Adams County. 6. Both Plaintiff's and Defendant Seguin reside in Adams County. 7. Defendant Seguin was served in Adams County on September 23, 1999 with the Writ of Summons in this natter. At the time 0I'service, Defendant Seguin was retired. 8. Consequently, venue does not lie in Cumberland County. 9. Therefore, Plaintiffs' Complaint must be dismissed or, in the alternative, be transferred to Adams County where venue properly lies. WHEREFORE, Defendant demands that Plaintiffs' Complaint he dismissed or, in the alternative, be transferred to Adams County. DEMURRER 10. Paragraphs I and 2 are incorporated herein by reference. 11. In addition to Plaintiffs' choosing an improper venue, Paragraph 13 of the Complaint allegedly sets forth the negligent conduct of Defendant Seguin for which Plaintiffs seek to hold him liable. Plaintiffs allege, in part, that Mr. Seguin was negligent: (a) in failing to have his vehicle under proper and adequate control;... See Complaint, paragraph 13. 12. The allegations in paragraph 13 as cited above do not sufficiently plead any causeofaclion against Mr. Seguin. 13. Furthermore, the above allegations state conclusions without detailing the factual conduct than Defendant Seguin allegedly engaged in which would render him negligent. 14. Moreover, the above allegations arc broad hoilerplate allegations which arc an permissible and contrary to law. 15. The allegations above are too broad to allow Deletulaut Seguin to formulate a proper response and prepare it defense. 16. If the shove subparagraph of paragraph 13 is permitted to remain, Defendant Seguin will he severely pre1udiced in as much as the Plaintiffs may rely on that subparagraph in an attempt to introduce new theories of liability once the statute of limitations has run and Defendant Seguin may be otherwise severely prejudiced because of Plaintiffs' clearly impermissible allegations as has been held in Conner v Alleehenv General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and other applicable law. WHEREFORE, Defendant demurs to paragraph 13(a) of Plaintiffs' Complaint. MOTION TO STRIKE 17. Paragraphs I through 16 are incorporated herein by reference. 18. Paragraph 13(a) of Plaintiffs' Complaint is impertinent and otherwise impermissible under the rules of pleading. WHEREFORE, in the alternative, Defendant Seguin respectfully requests this Honorable Court to strike paragraph 13(a) of Plaintiffs' Complaint. MOTION FOR MORE SPECIFIC PLFADINC 19. Paragraphs I through 18 arc incorporated herein by reference. 20. paragraph 13(a) of Plaintil'ts' ('ontplaint states mere conclusions without alleging how the Defendant was negligent. WHEREFORE, in the alternative, Defendant Seguin request that the Plaintiffs be required to file a more specific complaint to set forth facts which Support theirconcIusory allegations. Date: Z N Respectfully submitted, NESTICO & DRUB / By: v A /4ichard 13. Drub , P Lire Attorney I.D. No. 61904 840 East Chocolate Avenue I lershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant VERIFICATION I Richard B. Druby, Esquire, counsel Im Defendant hereby certify that, upon information and belief, the statements made in the foregoing document are true and correct based upon the information contained in the documents filed with the court and based upon other information available to me. I also certil'y that I have been authorized to make this verification on behalf of my client, Oliver Seguin. I understand that f.?rlse statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: lY Y r f? j CERTIFICATE OF SERVICE f, Richard B. Druby, of the law firm of Nestico & Druby, L.L.P., hereby certify that on the _;j-clay of January, 2001, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: 'rimothy A. Shotlenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 MAR ?` SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER L. SEGUIN, Defendant NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER And Now this day of O"ZK , 2001, the Petition for Transfer of Venue to Adams County filed by the Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, is hereby GRANTED. The Prothonotary of Cumberland County is hereby directed to forward to the Prothonotary of Adams County certified copies of the docket entries, process, pleadings, and all other papers filed in this action. Costs and fees for transfer and removal of the record are to be paid for by the Plaintiffs. BY THE CO J. C V?? ( 31) SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs V. OLIVER L. SEGUIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION OF PLAINTIFFS, KIMBERLY McGLAUGHLIN & MARGARET McGLAUGHLIN, FOR TRANSFER OF VENUE PURSUANT TO Pa. R.C.P. 1006 AND NOW come the Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and files the within Petition for Transfer of Venue based upon the following: 1 2. 3. On November 25, 1997, Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, were involved in a motor vehicle collision at the intersection of Baltimore Pike and McAllister Mill Road, Cumberland Township, Adams County, Pennsylvania. (See Exhibit "A," Plaintiffs' Complaint, Paragraph 4). Plaintiffs filed a Complaint in the instant matter on December 11, 2000, in the Court of Common Pleas of Cumberland County. Defendant, OLIVER L. SEGUIN, filed Preliminary Objections to Plaintiffs Complaint based upon the fact that the accident occurred in Adams County, and all parities to this action reside in Adams County. (See Exhibit "B," Preliminary Objections of Defendant, OLIVER L. SEGUIN, Paragraphs 1 & 2.) 4. Under Pa. R.C.P 1006 (a),.. an action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law." (See Exhibit "B," Preliminary Objections of Defendant, OLIVER L. SEGUIN, Paragraphs 4.) 5. Pursuant to Pa. R.C.P. 1006 (e), Improper venue shall be raised by a Preliminary Objection. Further, if a Preliminary Objection to venue is sustained and there is a county of proper venue within the State, the action shall not be dismissed but but shall be transferred to the appropriate court of that county. The costs and fees for transfer and removal of the record shall be paid by the Plaintiffs. 6. All counsel of record have signed a Stipulation agreeing that the instant matter should be transferred to the Adams County Court of Common Pleas. (See Exhibit "C".) 7. In light of the attached Stipulation, it is unnecessary to have argument on the Preliminary Objections of Defendant, OLIVER L. SEGUIN. 8. In the interest of convenience, efficiency, expense, and the Pennsylvania Rules of Civil Procedure, this case should be transferred at this time to the Adams County Court of Common Pleas, with costs and expenses of the transfer to be paid by the Plaintiffs. WHEREFORE, Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET MCGLAUGHLIN, respectfully request this Honorable Court to exercise its discretionary power and find Adams county to be the appropriate forum and, accordingly, transfer this case to the Adams County Court of Common Pleas. By: Date: Janaar7--,7Qpt FeOlwwa 27, 2oo i Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorney for Plaintiffs F SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER L. SEGUIN, Defendant NO, 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET MCGLAUGHLIN by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: The Plaintiff, KIMBERLY McGLAUGHLIN, is an adult individual who currently resides at 123 Ridge Road, Gettysburg, Adams County, Pennsylvania 17325. 2. The Plaintiff, MARGARET McGLAUGHLIN, is an adult individual who currently resides at 380 Blacksmith Shop Road, Gettysburg, Adams County, Pennsylvania 17325. 3. The Defendant, OLIVER L. SEGUIN, is an adult individual whose last known address is 3290 Baltimore Pike, Littlestown, Adams County, Pennsylvania 17340. 4. The facts and circumstances hereinafter set forth took place on November 25, 1997 at or about 5:58 p.m., at the intersection of Baltimore Pike and McAllister Mill Road, Cumberland Township, Adams County, Pennylvania. INTHECOUR'1'01- COMMON M.1-AS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY MCGLAUGHLIN AND MARGARET MCGLAUGHLIN. Plaintiffs V. OLIVER L. SEGUIN, Defendant CIVIL ACTION - LAW NO. 99-5666 JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND now, comes Defendant. Oliver L. Seguin, by and through his attorneys. Nestico & Druby. L.L.P. and tiles these Preliminary Objections to Plaintiff's' Complaint as follows: This action allegedly arises out of an accident on November 25, 1997 oft Baltimore Pike and McAllister Mill Road in Adams County. Pennsylvania. 2• All parties to this action reside in Adams Countv IMPROPER VENUE Paragraphs I and 2 above are incorporated herein by reference. 4. Under Pa. R.C. P. 1006 (a), "an action against an individual may be brought in and Only in a county in which he may be served or in which the cause of action arose or where a transaction or occurrence took place out of'which the cause of action arose or in any other county authorized by law." EXHIBIT SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER L. SEGUIN, Defendant NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL Timothy A. Shollenberger, Esquire, counsel for the Plaintiffs, and Richard B. Druby, Esquire, counsel for the Defendant, hereby agree that the within case should be transferred from Cumberland County to Adams County based on the reasons set forth in the Petition of Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN. WHEREFORE, Plaintiffs respectfully request this Honorable Court to transfer this matter from Cumberland County to Adams County. Shollent?e?er & Jaruuzzi, LLP Nestico & D0416. LLP 'pw7cwq• Richard B. Druby,--?sq. Attorney I D4 3434 Attorney ID # 61904 Attorney for the Plaintiffs Attorney fqr the Defendant Date: Date: Zlwla I EXHIBIT SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5666 V. OLIVER L. SEGUIN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW THISRII'day of February, 2001,1 hereby certify that I served a true and correct copy of the foregoing Petition of Plaintiffs for Transfer of Venue pursuant to Pa.R.C.P. 1006, by forwarding the same by First Class United States Mail, postage prepaid, addressed as follows: Richard B. Druby, Esq. Nestico & Druby, LLP 840 East Chocolate Avenue Hershey, PA 17033 By &?4 d& Ri hard Mitchell Paralegal to Timothy A. Shollenberger, Esq. U SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER L. SEGUIN, Defendant NO. 99-5666 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL Timothy A. Shollenberger, Esquire, counsel for the Plaintiffs, and Richard B. Druby, Esquire, counsel for the Defendant, hereby agree that the within case should be transferred from Cumberland County to Adams County based on the reasons set forth in the Petition of Plaintiffs, KIMBERLY McGLAUGHLIN and MARGARET McGLAUGHLIN. WHEREFORE, Plaintiffs respectfully request this Honorable Court to transfer this matter from Cumberland County to Adams County. & Januzzi, LLP Nestico & qfidby, LLP Attorney IDL# 34341 - Attorney for the Plaintiffs Date: 'Richard B. Druby';-r:sq. Attorney ID # 61904 Attorney f r the Defendant Date: z?/fb ( OFFICE OF PROTHONOTARY COURT HOUSE Phl ? A - CARLISLE. PA.? "I i '(lI 19_ aJtn.J^_.. K e'L4 1'.('?. 4J?? le(?`J CIS '1 c(rr.51v II10.6 S(/5 _ pp To The County of Cumberland DR I yy McG Ln v_urn - MAKE CHECK PAYABLE- TO PROTHONOTARY. COMMON PLEAS COURT I-- I - -j -_ T" SQI1C Yo N O c"5 / i"n( V- 5 V-'0/ /09838" S ,14 y- 5 0 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 Case Number 2001-99999 Receipt Date 4/05/2001 Receipt Time 14:23:50 Receipt No. 109838 PD COPIES (VS) Received of PD SHOLLENBERGER & JANUZZI LLP BB Total Check... + 29.44 Check No. 3258 Total Cash.... + .00 Change........ - .00 Receipt total. = 29.44 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount COPIES 29.44 CUMBERLAND CO GENERAL FUND 29.44 KIMBERLY MCGLAUGHLIN AND MARGARET MCGLAUGHLIN PlaintiffB VS OLIVER L. SEGUIN Defendants ADX4S COUNTY COURT OF OCW0N PLEAS IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 1999-5666 Civil Term Civil Action Law PLEASE ACKNOWLEDGE RECEIPT OF THIS CASE BY SIGNING AND DATING THIS DOCUMENT. RECORD RECEIVED: DATE (Signature & Title) 10lq ll .°? _/- 01