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HomeMy WebLinkAbout03-5487JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW /7 NO. W 9%P7 l , l U ? ?£R l-?j JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the following Defendant: Donna Ann Mearna 44 Eastwood Avenue Lewistown, PA 17044 Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 290568-/ ?A a JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ??}} NO. 03 - 5qpp L:tc?i(,?£Ar??l JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Donna Ann Mearna 44 Eastwood Avenue Lewistown, PA 17044 You are hereby notified that Plaintiff has commenced an action against you. Prothonotary ` T/Y1 /T Dated: Cam- i r_ ? ??a 290568-1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOONEY JANIS M ET AL VS MEARNA DONNA ANN 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: MEARNA DONNA ANN but was unable to locate Her in his bailiwick He therefore deputized the sheriff of MIFFLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 7th , 2003 , this office was in receipt of the attached return from MIFFLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Mifflin Co 27.00 .00 64.00 11/07/2003 METZGER WICKERSHAM So answers, 2 Thomas line Sheriff of Cumberland County Sworn and subscribed to before me this y 1? day of -)Z?-C , ? e%ltD, 3 A. D. Pro£honotary' / Robert D. Bowersox, Sheriff Baron K. Lewis , Chief Deputy Laurie J. Kozak, Deputy Joseph A. Bradley, Deputy Christoher S. Shade, Deputy SHERIFF'S OFFICE MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 " (717) 242-1808 Fax: (717) 248-2907 Plaintiff: Janis M. Mooney and Terry R. Mooney, husband and wife Defendant: Donna Ann Meama Serve At Name: Donna A. Meama Name: David W. Molek, Solicitor (717) 248-9656 Court Number: 03-5487 Civil Term Type of Writ or Complaint: W Writ Writ of Summons ? Complaint County: Cumberland County Address: 44 Eastwood Ave. Lewistown, Pa. 17044 Address: Indicate Unusual Service: ? Comm. of Pa. ? Deputization ? Other Now 20 , 1, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff Of Mifflin Co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: Telephone No: Date Filed: Francis J. Lafferty, IV, Esquire (717) 238-8187 10/16/03 I acknowle e. ipt of the or Complaint as indicated above: Date Received: Exp. Date: X ?? 10/22/03 11/15/03 I hereby C TIFY a ET URN that 1 ? have personally served. ? have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", 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, handing a TRUE and ATTESTED copy thereof. ©1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: ? A person of suitable age and discretion No Service Made DEFENDANT NOT FOUND. Def. is believed to have moved to then residing at the defendenfs usual 2151 N. SR 343, Lebanon, Pa. 17046 or 27 Tiffany Ln, Lebanon place of abode. Address where served (complete only if different than shown above) Date of Service: I Time: Atte2 pts I 1 Date I Miles I D pCSS . Int. I 10 toe I Miles I Dep.. Int. Date I Miles I Dep. Int. Advance 0 Costs I Service $14.0 Costs I $Mileage 10.0 I Posge I Surcharge I $Notary Total Refund 2.00 I $27.00 I $48.0 Remarks: (See other side) ?,?,? ? Sworn to and subscribed before me this 3j r(Qd i X ? d (?/ So Answers: pher hade 10/31/03 p Notary v Pc Notarial Seal De p Margaret L. Bowersox, Notary Public Lewistown Boro, Mifflin County X My Commission Expires Feb. 4, 2006 Sheriff ron K. Lewis ng Sheriff 10/31/03 Notarial Sea/ X JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n NO. Q3 - S11(fi? l: i u1l 1 JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the following Defendant: Donna Ann Meama 44 Eastwood Avenue Lewistown, PA 17044 Dated: 4911-0-3 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Francis J. Lafferty, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 290568-1 JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - X%PI (3,, ?C- 1 JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Donna Ann Mearna 44 Eastwood Avenue Lewistown, PA 17044 Dated: You are hereby notified that Plaintiff has commenced an action against you. ?- 1 l _ t aool3 Prothonotary TM.1E COPY FROM RECORD 13 I .. n ."sr1_? Cgn..7a? 290568-1 JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR SPECIAL ORDER DIRECTING SERVICE BY PUBLICATION Plaintiffs, Janis M. Mooney and Terry R. Mooney, 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: 1. On October 15, 2003, Plaintiffs filed a Writ of Summons against Defendant Donna Ann Mearna 2. Due to an inability to serve Defendant Donna Ann Meama, Plaintiffs' Writ in the above-captioned has been reissued. 3. Since November 7, 2003, Plaintiffs have made a good faith investigation to ascertain the present residence and whereabouts of Defendant Donna Ann Meama, 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 Writ by original service of process or by certified mail due to the inability to locate the Defendant Donna Ann Mearna. 5. Unless the Court will allow service by publication, Plaintiffs will be unable to maintain this action and injustice will result. WHEREFORE, the Plaintiffs Janis M. Mooney and Terry R. Mooney, husband and wife, request that this Court enter a Special Order directing service on Defendant by publication. METZGER, W R & ERB, P.C. l By Francis JZ f erty, IV, Esquire I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: January /e' , 2006 Attorney for Plaintiffs I X ? ?j c JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED AFFIDAVIT IN SUPPORT OF PLAINTIFFS' PETITION FOR SPECIAL ORDER FOR SERVICE BY PUBLICATION I, Francis J. Lafferty, IV, Esquire, being duly sworn according to law, deposes and says the following: 1. 1 am the attorney of record in this matter for the Plaintiffs Janis M. Mooney and Terry R. Mooney, husband and wife. 2. At my direction, an investigation was conducted into the whereabouts of the Defendant Donna Ann Meama. 3. The efforts to locate the Defendant include the following: a. Attempted Sheriff Service at the Defendant Donna Ann Mearna's last known address. The Sheriff of Mifflin County deemed the Defendant unable to locate (See Sheriff's Return attached hereto as Exhibit `B"); b. Attempts were made to look via internet for Defendant Donna Ann Meama's name and address, but these attempts were unsuccessful; c. Attempts were made to look in the local telephone book for Defendant Donna Ann Meama name and address, but these attempts were unsuccessful; d. Phone calls to the American Independent Insurance Company for the location of Defendant Donna Ann Meama, which were unsuccessful as they could not locate her; and e. A telephone call to the local post office of Defendant Donna Ann Mearan's last known address indicated that there was no forwarding address for Defendant at this time. METZGER, I AUSS & ERB, P.C. By l Francis J. Lafferty, IV, Esquire I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Subscribed and Sworn to before me this Lrday of la,.,,asj , 2006. Public a 4i- 40t'-7 My commission expires on: C MM NOTARIAL SEAL CAROL A. LYTER, Nota C?niy City of HaMsburg Dec 2008 My Commisabr! F? ___ ???% b j 6 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05487 P 6 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOONEY JANIS M ET AL VS MEARNA DONNA ANN 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: MEARNA DONNA ANN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of MIFFLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 7th , 2003 , this office was in receipt of the attached return from MIFFLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Mifflin Cc 18.00 9.00 10.00 27.00 no 11/07/2003 METZGER WICKERSHAM Sworn and subscribed to before me this day of A. D. So answerer Thomas Kline Sheriff of Cumberland County Prothonotary Robert.D. Bowersox, Sheriff Baron K. Lewis, Chief Deputy Laurie J. Kozak, Deputy Joseph A. Bradley , Deputy Christoher S. Shade, Deputy A%, SHERIFF'S OFFICE MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 ° (717) 242-1808 Fax: (717) 248-2907 Mooney and Terry R. Mooney, husband and wife Ann Meama David W. Molek, Solicitor (717) 248-9656 03-5487 Civil Tenn County: Cumberland County Type of Writ or Complaint: C Writ Writ of Summons ? Complaint Name: Donna A. Meama Address: 44 Eastwood Ave. Serve Lewistown, Pa. 17044 At Name: Address: Indicate Unusual Service: ? Comm. of Pa. ? Deputization ? Other Now 20 I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of county to execute this writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mfi in Co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: Telephone No: Date Filed: Francis J. Lafferty, IV, Esquire (717) 238-8187 10/16/03 1 acknowledge receipt of the rit or Complaint as indicated above: Date Received: Exp. Date: r X _51?" ?" 10/22103 11/15103 l? I hereby CERTIFY and?2ETURN that I ? have personally served. ? have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks', 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, handing a TRUE and ATTESTED copy thereof. _ © I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: ? A person of suitable age and discretion No Service Made DEFENDANT NOT FOUND. Def is believed to have moved to then residing at the defendent's usual 2151 N. SR 343, Lebanon, Pa.. 17046 or 27 Tiffany Ln, Lebanon place of abode. Address where served (complete only if different than shown above) Date of Service: Time: Attempts Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. 2 10/22/03 6 CSS 10124103 6 CSS Advance Costs Service Costs Mileage Postage Surcharge Notary Total Refund $75.00 $14.00 $10.00 $1.00 $0.00 $2.00 $27.00 $48.00 Remarks: See other side) Sworn to and subscribed before me this Rn Answer, Notary Notarial Seal Notarial Seal Margaret L. Bowersox, Notary Public Lewistown Boro, Mifflin County My Commission Expires Feb. 4, 2006 -ChristopherSShade riff Depu 10/31/03 / ? Xjn!! dl ? f?i/'/ X Sheriff lVaron K. Lewis Ailing Sheriff 10/31/03 X v •/ 1 JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n / ?2yr? NO. 63 - SVP7 l lull l JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the following Defendant: Donna Ann Mearna 44 Eastwood Avenue Lewistown, PA 17044 METZGER, WICKERSHAM, KNAUSS & ERB, P.C.. By: Francis J. Lafferty, I\KEsquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: C O? Attorneys for Plaintiff 290568-1 (l ?'? ::,1 { l..? .. '. . l f`...: r , JANIS M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the writ of summons filed by Plaintiff Janis M. Mooney and Terry R. Mooney, husband and wife against Defendant Donna Ann Meama in the above captioned matter. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By. Francis J. La ferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 30.5589-1 .. .. ; ? ,_ ;_.: .._, __ ..n -- ?;;; A r\2 0 200006, JANIS M. MOONEY and TERRY IN THE COURT OF COMMON PLEAS OF R. MOONEY, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM DONNA ANN MEARNA, Defendants JURY TRIAL DEMANDED ORDER 1ti AND NOW, this 11 day of " wmll j ar j , 2006, 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: cc: Francis J. Lafferty, IV, Esq. - counsel for Plaintiffs ,C) 7 riUlttr i7,; ;i -r7,4 ORIGINAL JANIS M. MOONEY and TERRY MOONEY, husband and wife, Plaintiffs v. DONNA ANN MEARNA, Defendant IN THE COURT OF COMMON PLEAS OF R. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Spinello, Quinn & Stengel as attorney of record on behalf of Defendant in the above captioned action. EAGER, SPINELLO, QUINN & STENGEL DATE: a 03- G BY: /?? George H. Eager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Francis J. Lafferty, IV, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL DATE: BY: George H. Eager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 i ^1 - T1 ( { jtI rJ S i t { C3 1 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R MOONEY, husband and wife Plaintiffs V. DONNA ANN MEARNA, Defendant NO.: 02-5487 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, SPINELLO, QUINN & STENGEL DATE: 0a0 a-a-) ou BY: George H. Eager, E uire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, thisZ day of?) , 2006, a Rule has been entered upon the Plaintiff as above directed. 1 _ Prothonotary ?M ? l 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL DATE: 'd2 CA?' BY: Attorney fo/Def ar I.D. No. 2 74 1347 Fruitv e Pike Lancaster, PA 17601 (717) 290-7971 ( '. ? . ?^ ? .) Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Donna Ann Meama c/o George Eager, Esquire EAGER, SPINELLO, QUINN & STENGEL 1347 Frutville Pike Lancaster, Pa 17601 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bradford Street Carlisle, Pa 17013 1-800-990-9108 348862-1 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y per cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bradford Street Carlisle, Pa 17013 1-800-990-9108 348862-1 Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED CIVIL COMPLAINT 1. Plaintiffs, Janice and Terry Mooney are adult individuals, and husband and wife, who currently reside at 26 Brian Drive, Cumberland County, Carlisle, Pennsylvania. 2. Defendant, Donna Ann Mearna is an adult individual who was last known to reside at 44 Eastwood Avenue, Lewistown, Pennsylvania. 3. On October 19, 2001, Janice Mooney was operating a 1996 Chevrolet Blazer automobile with VIN # 1GNDT13W2T2259331 traveling West on Walnut Bottom Road, South Hampton Township, Cumberland County, Pennsylvania. 4. On October 19, 2001, Defendant, Donna Ann Mearna was the operator of a 1994 automobile with VIN 91G2NE1537RM551410, traveling on Strohm Road, South Hampton Township, Cumberland County, Pennsylvania. 348862-1 5. As Plaintiff Janice Mooney was traveling West on Walnut Bottom Road, Defendant Donna Ann Mearna suddenly and without warning ran through a stop sign at a high rate of speed, violently striking the vehicle operated by Plaintiff, forcing the vehicle off of the roadway. 6. As a result of the aforesaid accident and collision, Plaintiff, Janice Mooney, sustained various personal injures including, but not limited to, chest contusion, hip sprain, leg pain, shoulder pain, and right hand and wrist injury(deQuervain's tendonitis) among other injuries. 7. As a result of the aforesaid accident and collision, Plaintiff, Janice Mooney, has incurred various medical expenses for physicians, medical supplies, medication, therapy, and other medical treatment, and she will in the future continue to incur such medical expenses. 8. As a result of the aforesaid accident and injuries, Plaintiff, Janice Mooney, has sustained a loss of income and may, in the future, continue to suffer a loss of income. 9. As a result of the aforesaid accident and injuries, Plaintiff, Janice Mooney has undergone emotional and mental distress and anguish, embarrassment, and humiliation, and will in the future continue to undergo such mental distress, anguish, embarrassment, and humiliation. 10. As a result of the aforesaid accident and injuries, Plaintiff, Janice Mooney, has undergone much pain, suffering, inconvenience, loss of enjoyment of life, and loss of life's pleasures, and will in the future continue to suffer such losses. 11. As a result of the aforesaid accident and injuries, Plaintiff, Janice Mooney continues to suffer from residual problems from all of her injuries. COUNTI Janice M. Mooney vs. Donna Ann Mearna 12. Proceeding paragraphs 1 through 11 are incorporated herein by reference and made a part hereof. 13. The aforesaid accident and injuries suffered by the Plaintiff were the direct and proximate result of the negligence and carelessness of the Defendant, Donna Ann Meama as follows: 348862-1 (a) She failed to operate her vehicle at a safe and appropriate speed; (b) She failed to keep a proper lookout for other vehicles ahead of her on the highway; (c) She failed to obey the rules of the road relating to stop signs; (d) She failed to yield the right-of-way to Plaintiff's vehicle. (e) She failed to keep her vehicle under control; (f) She operated her vehicle at an excessive rate of speed; (g) She failed to steer or stop her vehicle so as to avoid a collision with the vehicle driven by Plaintiff, Janice Mooney; and (h) She failed to observe the vehicle approaching the intersection driven by Janice Mooney. 14. Defendant is liable for all of those damages sustained by Plaintiff, as set forth in the preceding paragraphs. WHEREFORE, Plaintiff, Janice Mooney, demands judgment against Defendant, Donna Ann Mearna, in an amount exceeding that requiring submission to compulsory arbitration, plus costs. COUNT II Terry R. Mooney vs. Donna Ann Mearna 15. Preceding paragraphs 1 through 14 are incorporated herein by reference and made a part hereof. 16. By reason of the accident and injuries to his wife, Plaintiff Terry Mooney has suffered a loss of companionship, loss of services, loss of society, and loss of consortium, and he will in the future continue to suffer such losses. 17. Defendant Donna Ann Mearna is liable for Plaintiff's losses. 348862-1 WHEREFORE, Plaintiff, Terry Mooney, demands judgment against Defendant, Donna Ann Meama, in an amount exceeding the requiring submission to compulsory arbitration plus costs. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Francis J. Laf y, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 51 f/, 6 Attorneys for Plaintiffs 348862-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiffs, Janice and Terry Mooney, and that the facts in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiffs, Janice and Terry Mooney are as known to the undersigned as to the client, Plaintiffs, Janice and Terry Mooney, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: l s Francis J. Lafferty, IV, Esquire 349830-/ CERTIFICATE OF SERVICE I, Angela Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Donna Ann Meama c/o George Eager, Esquire EAGER, SPINELLO, QUINN & STENGEL 1347 Frutville Pike Lancaster, Pa 17601 Dated: /h Q?Q By ccJ Angel Lentz 348862-1 ? n? ?- ''`' -n ?. Ti ''? R. m : ? ? ?? s' _ -o py '. ?, "J 4> ? .. ? ?( ?C -?. Cti - '::. . .. , _, G> :.O ?,_ K ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R. MOONEY, husband and wife 3 NO.: 1-5487 Civil Term Plaintiffs V, DONNA ANN MEARNA, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 3. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 4. Admitted. 5.-11. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNTI JANICE MOONEY vs. DONNA ANN MEARNA 12. Paragraphs 1 through 11 of Defendant's Answer are incorporated herein by reference as though fully set forth. 13-14 Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II TERRY R. MOONEY vs. DONNA ANN MEARNA 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference as though fully set forth. 16-17. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 18. Paragraphs 1 through 17 inclusive above are incorporated herein by reference and made a part hereof. 19. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby asserts all of the rights and defenses available to her under the aforementioned act. 20. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 21. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 22. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. EAGER, SPINELLO, QUINN & STENGEL DATE: OZ) a Otr BY: George H. ger, E e Attorney for Defen t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 I, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendant, DONNA ANN MEARNA, in the herein lawsuit, that I am authorized by the Defendant to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Dated: C) l ?o?o CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL DATE: (_"3! 6 )f>? BY: George H. Eag r, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ??? ; , . _, ?.,, ?: :? _ ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R MOONEY, husband and wife Plaintiffs V. DONNA ANN MEARNA, Defendant 3 NO.: 07-5487 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL DATE: o3) 0 O BY: xz?l Z;,_? - Geo ge H. Eg r, Esquire Attorney for Defendant I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 f4,i f? iJ? Y .'. ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R. MOONEY, husband and wife NO.: J-5487 Civil Term Plaintiffs V. DONNA ANN MEARNA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid- Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL DATE: 3 a i BY: xl? Ge rge H. Eage , squire Attorney for Defendant I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 18-22. These averments are all denied. The averments are further denied as incorrect legal conclusions. WHEREFORE, Plaintiffs Janice M. Mooney and Terry R. Mooney demand that the New Matter be dismissed and that judgment be entered in her favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: rancis J. r y, ,Esquire Attorney No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: ?1jp,1K f I, Angela Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Donna Ann Mearna c/o George Eager, Esquire EAGER, SPINELLO, QUINN & STENGEL 1347 Frutville Pike Lancaster, Pa 17601 Dated: _ (O BY: C? - gel Lentz VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiffs, Janice and Terry Mooney, and that the facts in the foregoing Plaintiff's Reply to Defendant's New Matter are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiffs, Janice and Terry Mooney are as known to the undersigned as to the client, Plaintiffs, Janice and Terry Mooney, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. a??g 1 Francis J. Lafferty, N, Esquire Dated: ? 352452-[ i 1 Metzger, Wickersham, Knauss & Erb, P.C. By: Francis L Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for the Verification of counsel on Plaintiffs' Complaint. Dated: l 0`0104 METZGER, WI, KNAUSS & ERB, P.C By: Fr cis J. Lafl fty, Esquire ttorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 352460-1 .1 VERIFICATION We, Janice and Terry Mooney do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of our personal knowledge or information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ? Date: ` - / / - 'o 6 348862-1 (' fm&k? ? &-- - Jame Mooney Terry M ne}y % CERTIFICATE OF SERVICE I, Angela Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Donna Ann Mearna c/o George Eager, Esquire EAGER, SPINELLO, QUINN & STENGEL 1347 Frutville Pike Lancaster, Pa 17601 Dated: `? -2t "C)(D Angela Lentz 352460-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R. MOONEY, husband and wife 63 NO.: -e2-5487 Civil Term Plaintiffs V. DONNA ANN MEARNA, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Donna Ann Mearna certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto 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 subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12 Of? Georg -H. Eager, E wire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R MOONEY, husband and wife Plaintiffs V. NO.: 02-5487 Civil Term DONNA ANN MEARNA, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT DONNA ANN MEARNA intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: I I D GEORGE H. ER, ESQUIRE ATTORNEY R DEFENDANT I . D. NO. 27740 1347 FRUITVILLE PIKE LANCASTER, PA 17601 (717) 290-7971 rri*4 NWFALTH OF PERbG LVANIA COON y OF C>iJKaER JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaint if f s vs. DONNA ANN MEARNA, Defendant File No. 03-5487 JURY TRIAL DEMANDED , SUBPOENA TO PROOIJCE DOCtJhENTS OR TH I NGIS FOR DISOOVERY PURSUANT TO RULE 4009.22 r0• Carlisle Regional Medical Center, 419 Stonehedge Drive, Carlisle, PA 17013 (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 first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurses notes and doctors' orders a r"art=s- cotlca-Ino2iiantiff Janice M. Mooney (DOB: 10/24/59) (SSN: 214-82-9114) at image S1 inelln. Quinn & Stengel, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deriver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carp 1 i ance , to the party making th i s request at the address 1 i:.ted 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 woduca the documents or things required by this subpo-an a within twenty (20) days - of ter its sere i re . the party serving this subpoena may seek a court order- curpe I i i ng you to carp l y with it. TNiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George R. Eager, Esquire, Eager, Spinello, Quinn & Stengel AOORESS : _ 1347 Fruitville Pike _j,ancactp_, 'PA 17601 TELEPHONE: 717-290-7971 -:UPREME COURT 10 $ 27740 a TTORNEY FOR: Defendant Donna Ann Mearna BY THE COURT : Prothonotary/Clerk, Civil Di is±on )A TE : Seal of the Court -- Deputy (Eff. 1/97) rrP44 MOkLTH OF Pisa cLV n OXIM r OF JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs vs. DONNA ANN MEARNA, Defendant File No. 03-5487 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO. Baxter Drew Wellmon, II, D.O., Family Practice, 127 Walnut Bottom Road, ippens urg, PA 1/257 (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 first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurses otes and octors orders along r,ePert?&_r "6=Jng.-PliamUff .Tariica M. Mooney (DOB: 10/24/59) '(SSN: 214-82-9114) - at _Eagpr, Spine11e, Quinn & Stengel, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) - - You may deriver or mail legible copies of the documents or produce things requested by this subpoena, together with the cart i f i cate of carp 1 i ance , to the party making th i s request at the address Ii5ted above. You have the right. to seek in advances the reasonable cost of preparing the copies or producing the things sought. if you fait to produce the docuT ants or things requ i red by this subpoena within twenty (20) days after its sere i :.e , the party serving this subpoena may seek a court order- ccnix 11 i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSLIED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: George H. Eager, Esquire, Eager, Spinello, Quinn & Stengel k"ESS: 134 rui ille Pike __Lgna cwt PA 1 / bUl rELEPHONE: 717-290-7971 :L,PREI•E COURT ID 0 27740 rTORNEY FOR: Defendant Donna Ann Mearna BY THE COURT : Prothonotary/C 1 ark , Civil Division )ATE: Sea I of the Court __ .--• :3eputy (Eff. 1/97) OOMrDNwEALTH OF PE*4SYLVANIA COUNTY OF CUMBERLAND JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs VS. DONNA ANN MEARNA, _ Defendant File No. 03-5487 JURY TRIAL DEMANDED + SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 r0• Shippensburg Health Services, 46 Walnut Bottom Road, Shippensburg, PA 17257 (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 first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurses otesand octors or ers a reper coacg*n{*+Q pliaritiff Janice M. Mooney (DOB: 10/24/59) '(SSN: 214-82-9114) _ at Rninplln- iinn & Stengel, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cent i f i cate of carrp 1 i ance , to the party making th i s request at the address Ii4;ted above. You have the right. to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fai l to *x-oduca the documents or things required by this subpsan3 within twenty (20) days after its serv i r-e, the party serving this subpoer to may seek a court crder- cc rpe I l i r:g you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: George H. Eager, Esquire, Eager, Spinello, Quinn & Stengel ADDRESS : 1347 -Fruitville Pike _ Lan r a cter.,_4A 17601 TELEPHONE: 717-290-7971 -;LFRErE COURT ID # 27740 rTORNEY FOR : Defendant Donna Ann Mearna BY THE 000RT: ------------- Prothonotary/C 1 ark , Civil Division SATE: _ Seal of the Court Deputy (Eff. 7/97) OOmWXaiEAjUTH OF PENNSYLVANIA JANICE M. MOO NEY and TERRY R. MOONEY, husband and wife, Plaintif f s vs. DONNA ANN MEARNA, Defendant File No. 03-5487 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TH I NOS FOR DIS06VERY PURSUANT TO RULE 4009.22 ro. Greater Chesapeake Hand Specialists, P.A., 1400'Front Avenue, Suite 100 . Lut erv e, MD 21093 (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 first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurses otes and doctors' orders along V14n„tiff Innire M_ Mnnnev (DOB: 10/24/59) '(SSN: 214-82-9114) at=,?riL?,, np? Quinn _& Stengel. 1347 Fruitville Pike, Lancaster, Pennsylvania, (Address) You may deliver or mail legible copies of the documents or produce }Things requested by this subpoena. together with the certificate of om p 1 i ance . to the party making th i s request at the address 14.ted above. You have the right. to seek in advance the reasonable :ost of preparing the copies or producing the things sought. if you fail to *xroduc a the documents or things required by this subpoana within twenty (20) days after i Es serv i re, the party serving this subpoena fay seek a court crder- cunpe l l i ng you to comp l y w i Vh it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TI$ FOLLOWING PERSON: NAhE: George S. Eager, Esquire, Eager, Spinello, Quinn & Stengel AIWESS : 1347 Fruitville Pike --LSnrastar, -PA 17 bU1 TELEPHONE: 717-290-7971 ;LPRE1•E COURT ID $ 2 7 7 4 0 rrORNEY FOR : Defendant Donna Ann Mearn.a. BY THE OOLART : Prothonotary/Clerk, C i v i l D i., i s ion )ATE: Seal of the Court Deputy 17601. (Eff. 7/97) rnwnM&'MLTH OF PIIWSCLVANTA COUN W OF JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs - VS. - DONNA ANN MEARNA, - Defendant File No. 03-5487 JURY TRIAL DEMANDED SU6POM TO PROOUCE DOCUMENTS OR TH I N3S FOR QISOOVERY PURSUANT TO RULE 4009.22 ro• Land 0 Lakes, Inc., 406 Park Drive, Carlisle, PA 17013 (Name of Person or Entity) within twenty (20) days after- service of this subpoena, you are ordered by the court to produce the following docu tints or thing?• • Application for - - employment, preemployment physical, date employment began, wore s ll d ensatlon c aims an m Z ffp f f d h e r c o l e t ' 1a cQpi?y year E D aval.a r en a r recor s or 21c o em y a oym n , ii D sIa itf aaniceslsl. looneyr B (D : 1 5 (SSN: 2 -82- 4j at _Eae, S=inplIn. mlinn_& S tengel. 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deriver or mail legible copies of the documents or produce things requested by this subpoena, together- with the certificate of ccm1iance, to the Party making this request at the address 1 i 5ted above. You have the right, to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. If you fai 1 to ;x'oduca the documents or things rewired by this subpoena within twenty (20) days after its serv is e, the party serving this subpoena may seek a court arder- ecmpe 11 i r.•g you to ca. l y with it. rH (S SUSPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOW I M PERSON : NAME: George H. Ewer, Esquire, Eager, Spinello, Quinn & Stengel ADDRESS: 1347.Fruitville Pike -Lan[_a.st an, PA 17 bU1 TELEP OW: 717-290-7971 27740 • :UPREhE COURT ID # a i-I ORNEY FOR : Defendant Donna Ann Mearna BY TI-E OOURT : ProthOnOtary/C 1 erk . Civil Division )ATE: Sea 1 of the Court -- Deputy (Eff. 1/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 DATE:I iita? EAGER, SPINELLO, QUINN & STENGEL BY: George i j!E r, Esquire Attorney f efendant I.D. No. 2 740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL BY: George H. ger, E ire Attorney for Defe nt I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Dated: .911 ? 4 `7j F n :? cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANIS M. MOONEY and TERRY R. MOONEY, husband and wife 03- 548'1 NO.: -02-5497 Civil Term Plaintiffs V. DONNA ANN MEARNA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendants' Loss of Consortium Interrogatories Addressed to Plaintiff Terry R. Mooney upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Francis J. Lafferty, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110-0300 EAGER, SPINELLO, QUINN & STENGEL DATE: I U BY: Gedrge H. EagerA'squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 RLED-OTICE CAF THE PPOTH.. TARP 2009 APR -2 PM 12* 59 CUVII, 1 Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiffs (717) 238-8187 JANICE M. MOONEY and TERRY : IN THE COURT OF COMMON PLEAS OF R. MOONEY, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW NO. 03-5487 CIVIL TERM DONNA ANN MEARNA, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance as co-counsel, along with Francis J. Lafferty, IV, Esquire, for Plaintiffs in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: G!J _I el Andrew W. Norfleet, E e Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: 418837-1 ./ w CERTIFICATE OF SERVICE 9_ AND NOW, this l.? day of May, 2009, I, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, Janice M. Mooney and Terry Mooney, hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Defendant, Donna Ann Meama c/o George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Andrew W. orfleet 418837-1 AM %. - I'D E 2009 MAY 14 Fl 3, 07 ° CU - Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify that: (1) A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto were mailed to or delivered to Defendant on October 15, 2009. (2) A copy of the letter to the Defendant and the Notice of Intent, including the proposed subpoena, are attached to this certificate as Exhibit "A", (3) In correspondence from Defendant's counsel, George H. Eager, Esquire, on October 19, 2009, he indicated that he has no objection to the Subpoena being served and will waive the 20 day time period; and 429908-1 (4) The Subpoena, which will be served, are identical to the subpoena which is attached to the notice of intent to serve the subpoena. METZGER, Dated oe- By: ? 4 Andrew W. rfleet, Esquio Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 October 2.2009 Attorney for Plaintiffs .USS & ERB, P.C. 429908-1 ?b;? (? ?? SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices October 15, 2009 George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Re: Mooney vs. Mearna O Cumberland County Civil Action Number: 03-5487 Your Me Number: 14-052 Dear Mr. Eager: Lancaster Shippensburg 717-431-0138 717-530-7515 Wilkes-Barre York 570-825-7500 717-843-0502 Enclosed is a Notice of Intent to Serve Subpoena to Produce Documents and Things for IJ Discovery pursuant to Rule 4009.21 upon Nationwide Insurance. Please let me know if you will agree to waive the twenty day period and I will go ahead and serve the subpoenas. Thank you for your anticipated cooperation in this matter. If you have any questions, please feel free to contact me. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB Andrew W. Norfleet AWN/mlk Enclosures 429291-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty IV Andrew W. Norfleet Michael J. Boone Robert P. Grubb Of Counsel `Board Certified in civil trial law and advocacy by the National Board Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve a subpoena, identical to the one attached to this notice, upon Nationwide Insurance. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Dated: October/j, 2009 METZGER, By: 6., K/, Andrew W Norfleet, Esquir Attorney XD- . No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs USS & ERB, P. 429287-1 JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs V. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5487 CIVIL TERM : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance 1000 Nationwide Drive P.O. Box 2655, Harrisburg, PA 17105 (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: Your complete file pertaining to your investigation of an accident which occurred on October 19, 2001 to Janice M. Mooney, including but not limited to all statements, investigation reports notes summaries photographs medical records, medical reports, correspondence and any and all documents or things of any nature whatsoever. at Metzqer, Wickersham Attention: Melanie P.O. Box 5300, Harrisburg, Pa 17110 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 of produce 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: Andrew W. Norfleet, Esquire Address: 3211 North Front Street Harrisburg Pennsylvania 17112 Telephone Number: 717-238-8187 Supreme Court ID # 83894 Attorney for: Plaintiff BY THE COURT: L4? P. otary/Clerk, Date: LQbq o9 al of the Court Deputy 429002-1 CERTIFICATE OF SERVICE I, Andrew W. Norfleet, of Metzger, Wickersham, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: Defendant, Donna Ann Mearna c/o George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Dated: October/ 2009 429287-1 CERTIFICATE OF SERVICE I, Melanie L. Kirk, an employee of Metzger, Wickersham, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: FIRST CLASS MAIL Defendant, Donna Ann Mearna c/o George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Melanie L. Kirk Dated: October 26, 2009 429908-1 R B)-OF a OF the PPOTPdNOTARY 2084 OCT 27 PM 1: {O CUP, a ; --, UN'Y PCB NSYL' AIIJ11A Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 (~~! _~ V ~"ri V~ ` ~ ~Fll.~ r.~,-- :~~tr,i~Y Y ~ 2010 J`St~ 2~ ~'~ ~• r2 ~~+± ~ ,~.JUi~~ Attorneys for Plaintiff~'~~'~ ~ , ' {~ r~r; a~ ~`i~~4~?~~b JANICE M. MOONEY and TERRY R. MOONEY, husband and wife, Plaintiffs v. DONNA ANN MEARNA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-5487 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WIC~~HAM,~NAUSSB, P By: ~D Date: ~ L3 Andrew W orfleet, Esqu~ Attorney I. . No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 446439-1 CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this Z~ day of June, 2010, on the following: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 446439-1