Loading...
HomeMy WebLinkAbout08-6845JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - pg - &3q.5 &v i I Term : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Respectfully submitted, RO GER & ASSOCIATES Date: November 19, 2008 Karl t Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 WRIT OF SUMMONS To The Above Named Defendants: John A. Bell Larelen R. Bell 219 Lurgan Avenue 219 Lurgan Avenue Shippensburg, PA 17257 Shippensburg, PA 17257 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: )1/19/0.- t-- OD a r -?* 6) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MINI UM JAMIE R VS BELL JOHN A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent se and in uir aY•ch and q y for the within named DEFENDANT to wit: BELL LARELEN R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On Apr1'1 30th 2009 this officewas&kxr-in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing So a ers: Out of County 6.00 Surcharge 00 10.00 R .00 .00 16.00 11/20/2008 ROMINGER BAILEY WHARE Sworn and subscribe to before me this day of A.D. ' masfKlCuimnbe r'ff oerland County Service unknown, Sheriff's Return from Franklin Co, not received as of this date. A letter was faxed on 1/22/0 checking on status of service to which no responsewas9 received, C7 ° -s. . n Cn o C, ) < SHERIFFS RETURN - OUT OF COUNTY CASE NO: 2008-06845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MINI_UM JAMIE R VS BELL JOHN A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BELL JOHN A to wit: but was unable to locate Him in his bailiwic deputized the k• He therefore sheriff of FRANKLIN serve the ? County, Pennsylvania, to within WRIT OF SUMMONS On Aril 30th 2009 this officewas' attached return from `fin receipt of the FRANKLIN Sheriff's costs: Docketing So a ers Out of Counr_y 18.00 Surcharge 9.00 Franklin Co., 10 00 R 100.00 mas K ine ?- 00 e iff of Cumberland County 137.00 11/20/2008 ROMINGER BAILEY WHARE Sworn and subscribe to N before me this da of a. _ Y --? rn A. D. Service unknown, Sheriff's Return from Franklin C received as of this date. checking on status of A letter was faxed 2 not received, service to which on 1/22/09 no response was !3: CT M Q ?5 I It JAMIE R. MINRTM, Plaintiff v. JOHN A. BELL and LARELEN BELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08-6845 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT TO THE PROTHONOTARY: Please reissue the attached Writ of Summons in the above captioned case. Date: June 5, 2009 Respectfully submitted, ROMINGER & ASSOCIATES Kar . Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff HLED-OFFICE OF THE PROS F?NOTARY 2009 JUN -5 PM 3= 0 7 GU S f k..: 'x ti)- .,c)uj !W PFNNSA-VANIA, r /b . 0 --t `z'46 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, CIVIL ACTION -LAW Plaintiff NO. 08-6845 V. JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: Cumberland County Prothonotary Please enter the appearance of W. Darren Powell, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, as counsel for Defendant John A. and Larelen Bell, in the above matter. Dated: j? 2009 TH , MAS & AFER, LLP By: owell, Esq I.D. No. 68953 Attorneys for Defendant 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717041.1 CERTIFICATE OF SERVICE I, Gina M. Tooth, a legal secretary at the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following person(s) at the following addresses by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Dated: Iu - V , 2009 By: '2r 't'. j Gina M. Tooth FILED-CF- 4CE OF ?Hc PRO-I-i rNOTAPY 2004 JUL 21 AM I I.2 *1 1. LA , P ? i\ c''1!! ' I n THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff : CIVIL ACTION -LAW NO. 08-6845 V. JOHN A. BELL and LARELEN BELL, Defendants. 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, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoena has been made; and 3. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMA , THOMAS 8) H FER, LLP W. Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant Date: August 20, 2009 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Boa 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff CIVIL ACTION - LAW : NO. 08-6845 V. JOHN A. BELL and LARELEN BELL, Defendants. : JURY TRIAL DEMANDED To: Progressive, 5053 Ritter Road Suite 101, Mechanicsburg, PA 17055 [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 claims file materials includin but not limited to medical records, log notes, claims information,application for benefits form, Payout information, Photographs, disabdit)? documents, declaration sheet in effect at the time of the accident, correspondence, e-mail communications,and all other documents without limitation, with respect to your insured, Jamie Minium, Date ofLoss: 11122106, Claim No. 060375075, Policy No. 148348750. at Thomas, Thomas & Hafer LLP P.O. Box 999, Harrisburg PA 17108 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: W Darren Powell Esquire Attorney's Name PA 68953 Identification Number P.O. Box 999, Harrisburx, PA 17108 Address (717) 237-7154 Telephone Number Attorney for Defendants ,/ BY THE COURT: DATE: 6 )`I aoo By: Lq? P . C.? Seal of the Court [ rothonotary] AKA CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP A. Wilhelm, Paralegal Dated: August 20, 2009 TrlLED CF HE 20G9 AUG 2 l F t 2: ' 3 cu ?,E_ THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants. CIVIL ACTION - LAW NO. 08-6845 W. Darren Powell, Esquire dpowell@tthlaw.com Attorneyl.D. 68953 717-237-7154 Attorneys for Defendants : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Date: /VVL Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP BY: 'Zi ' &WIM", br W. Darren Powell, Esquire Attorney I.D. No. 68953 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, CIVIL ACTION - LAW Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants : NO. 08-6845 JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Jamie R. Minium, Plaintiff Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 AND NOW, this day of cd&-ber , 2009, a Rule is hereby issued upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof, or suffer the entry of a Judgment of Non Pros pursuant to Pa.R.C.P. 1037(a). Lit--a 1, . ?s rothonotary Oka CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a paralegal with the aw firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record in the manner and on the date set forth below: Via First Class Mail: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Dated: 0 Ka e . Wilhelm 2009 OCT 27 PM 1: 02 CUMB-c;?l,!; `iv t:0uN+ PENNSYLVANIA THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, CIVIL ACTION - LAW Plaintiff NO. 08-6845 V. JOHN A. BELL and LARELEN BELL, Defendants. : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objections to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Date: 12009 THOMAS, THOMAS & HAFER, LLP f W. Darren Powell, Esquire I? "&Ag& I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Boa 999 Harrisburg. PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants. : CIVIL ACTION -LAW NO. 08-6845 JURY TRIAL DEMANDED R'. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attomevs for Defendants To: Springy Road Family Practice, 1921 Spring Rd., 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 documents containing vour medical file, including but not limited to medical records diagnostic studies, laboratory studies, memoranda, work notes correspondence therapy records and any and all other documents contained in your file with regard to Jamie Minium, DOB 2112179 SSN 165-60-0506. at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108 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: W. Darren Powell. Esquire Attorney's Name PA 68953 Identification Number P.O. Box 999, Harrisburg. PA 17108 Address (717) 237-7154 Telephone Number Attorney for Defendants ^ BY THE COURT: DATE: By: Seal of the Court [Prothonotary] THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW : NO. 08-6845 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants To: Appalachian Orthopaedics, One Dunwoody Dr., Carlisle, PA 17015 [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 documents containing your medical file, including but not limited to medical records diagnostic studies, laboratory studies, memoranda, work notes correspondence therapy records and any and all other documents contained in your file with regard to Jamie Minium DOB 2112179 SSN 165-60-0506. at Thomas, Thomas & Hafer LLP P.O. Box 999, Harrisburg PA 17108 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: W. Darren Powell. Esquire Attorney's Name PA 68953 Identification Number P.O. Box 999. Harrisbure, PA 17108 Address (717) 237-7154 Telephone Number Attorney for Defendants DATE: L17 BY THE COURT: By: Seal of the Court r thonotary] VLACvL(/ ! t THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Boa 999 Harrisburg; PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINNM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants. CIVIL ACTION - LAW NO. 08-6845 JURY TRIAL DEMANDED W'. Darren Powell, Esquire dpowell(a.tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants To: Hershey Medical Center, 500 University Dr., Hershey, PA 17033 [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 documents containing your medical file, including but not limited to medical records diagnostic studies, laboratory studies, memoranda, work notes, correspondence therapy records and any and all other documents contained in your file with regard to Jamie Minium DDB 2112179 SSN 165-60-0506. at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg PA 17108 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: W. Darren Powell. Esquire Attorney's Name PA 68953 Identification Number P.O. Box 999. Harrisbure. PA 17108 Address (717) 237-7154 Telephone Number Attorney for Defendants BY THE COURT: DATE: By: Seal of the Court Pr thonotary] '? l THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Boa 999 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants. CIVIL ACTION - LAW NO. 08-6845 JURY TRIAL DEMANDED W. Darren Powell, Esquire dpowell c@i tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants To: Tristan Associates, Two Jennifer Court, Carlisle, PA 17015 [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 documents containing your medical file, including but not limited to medical records, diagnostic studies, laboratory studies, memoranda, work notes, correspondence therapy records and any and all other documents contained in your file with regard to Jamie Minium, DOB 2112179, SSN 165-60-0506. at Thomas, Thomas & Hafer LLP P.O. Box 999, Harrisburg PA 17108 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: W. Darren Powell. Esquire Attorney's Name PA 68953 Identification Number P.O. Box 999. Harrisburs. PA 17108 Address (717) 237-7154 Telephone Number Attorney for Defendants D? BY THE COURT: DATE: By: Seal of the Court Pr thonotary] CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP f Kate A. Wil a m, Paralegal Dated: 2009 725111.2 209 UL - 3 F ?'t "L: C Cv?1 THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire 305 North Front Street dpowell@tthlaw.com P.O. Box 999 Attorney I.D. 68953 Harrisburg, PA 17108 717-237-7154 Attorneys for Defendants JAMIE R. MINIUM, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff JOHN A. BELL and LARELEN BELL, Defendants. CIVIL ACTION - LAW : NO. 08-6845 JURY TRIAL DEMANDED ryv I It.?C yr rKACl.Irt I U CM I CK JUL)UMr-N I Ut• NUN PRUgr TO THE PLAINTIFF: Jamie Minium C/O Karl E. Rominger, Esquire f7l Rominger & Associates W' 155 South Hanover Street 'b Carlisle, PA 17013 Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 Dated: , 2010 By: THOMAS, TRC*AS & HAFE W. , I.D. No. 68953 Attorneys for Defendant 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 CERTIFICATE OF SERVICE AND NOW, this the CA)- day of July, 2010, I, Janine Guinter, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing upon the following via U.S. mail, postage pre-paid: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER. LLP F: i 21M -9 a0lo &A&- q 'fM ?'• iY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t JAMIE R. MINIUM, : CIVIL ACTION - LAW Plaintiff : NO. 08-6845 V. JOHN A. BELL and LARELEN BELL, Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW NO. 08-6845 : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jamie R. Minium, by her attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Jamie R. Minium is an adult sui juris residing at 19 North 5t` Street, Newport, Pennsylvania 17074. 2. Defendant John A. Bell is an adult sui juris residing at 219 Lurgan Avenue, Shippensburg, Pennsylvania 17257 (hereinafter referenced as Defendant Bell). 3. Defendant Larelen Bell is an adult sui juris residing at 219 Lurgan Avenue, Shippensburg, Pennsylvania 17257. 4. On or about November 22, 2006, Plaintiff was operating her vehicle at a red light at the intersection of Clinton Avenue and Rt. 11, in Middlesex Township, Cumberland County Pennsylvania. 5. On or about the same time Defendant Bell was traveling North on Rt. 11 and was nearing the intersection with Clinton Avenue, in Middlesex Township, Cumberland County, Pennsylvania. 6. The light changed green for Plaintiff to pass through the intersection crossing Rt. 11 onto North Middlesex Road. 7. Plaintiff entered the inside lane of Rt. 11 North, and Defendant Bell struck Plaintiff's vehicle on the driver's side. 8. Defendant Bell had a duty to Plaintiff and breached that duty. 9. Plaintiff vehicle was towed from the scene. 10. Plaintiff suffers from pain in her neck and back as a result of Defendant Bell's actions, has lost wages and economic losses. Count I Neslizence Jamie Minium v. John R. Bell 11. Paragraphs 1 through 10, above, are incorporated herein by reference as if fully set forth at length. 12. Defendant was negligent in that: a. He failed to drive in a prudent manner; b. He failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. He drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. He failed to yield to on coming traffic which is a violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; e. He failed to meet his duties at a stop light in violation of Title 75 of the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Count I NeWkence Jamie Minium v. Larelen Bell 13. Paragraphs 1 through 12, above, are incorporated herein by reference as if fully set forth at length. 14. Upon Information and belief, Defendant Larelen Bell knew or should have known that Defendant John R. Bell was not a safe or prudent driver. 15. As a result of this negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 10 and the same is hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully Submitted, Rominger & Associates S Date: August 9, 2010 Kar, . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Jamie R. Minium IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Jamie R. Minium, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 Respectfully Submitted, Rominter & Associates Date: August 9, 2010 K*t. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Jamie R. Minium IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW NO. 08-6845 JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this complaint are true and correct. A substitute verification will replace this one. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: August 9, 2010 , Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date:0110 lb o20lb U ('1 C l amie R. Minium, Plaint c-:h G? S C f• C VJ RID-OFFICE THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 10 AUG 25 AM 10: 16 cuMb&.t_'t.AL' %'b AI.A''?A PE Y{ SYLV?Y'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW NO. 08-6845 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objections to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Date: '2010 THOMAS, THOMAS & HAFER, LLP J 6&L Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINI UM, Plaintiff CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants. : JURY TRIAL DEMANDED To: Proaressive, Attn: Victoria Remolde, .5165 Campus Drive, Plymouth Meeting, PA 19462 [,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 claims file materials, including but not limited to medical records, log notes, claims infornzation,application for benefits form, Pavout information, photographs, disability documents, declaration sheet in effect at the time of the accident, correspondence, a-mah' conznzunications,and all other documents without limitation, with respect to jour insured, Janzie Minium, Date of Loss: 11122166, Claim No. 0603 Policy No. 148348750. at Thomas. Thomas & Hafer. LLP, P.O. Box 999, Harrisburg. PA 17108 You may deliver or mail legible copies of the documents or produce things requested bN 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: W. Darren Powell. Esquire miorne\ 's iv am,; Identification Number P.O. Box 999. Harrishur-. PA 17108 Address (717) 237-714 Telephone Number Attorney ror Defendants Ttit CouizT: DATE: 'zc' le, By: J Seal of the Court ary] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JAMIE R. MINIUM. Plaintiff CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants. JURY TRIAL DEMANDED To: CPARC, 262 Silver Spring Road, Mechanicsburg, PA 17050 (Namc 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 documents contained in your personnel file regardink Jamie Minium, DOB 2112179; SSN. 165-60-0506, includina but not limited tomemorandums, disability slips, attendance records, doctor notes, correspondence, e-mail communications, and all other documents without limitation, at Thomas. Thomas & Hafer. LLP, P.O. Box 999, Harrisburg. PA 17108 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: N. Darren Powell. Esquire Attorne.'s Name PA 68953 Identification Number P.O. Box 999. flarrisbure.. PA 17108 Address 17)2,7-7154 'I'dephone Number Attomn for Defendants B Tt - ouaT: DATE: ti l': J Seal of the Court [CIxe? ary] CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Kate A. Wilhelm, Paralegal Dated: ?7 / Z , 2010 725111.2 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMIE R. MINIUM, N. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff JOHN A. BELL and LARELEN BELL, Defendants TO PLAINTIFF: W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants CIVIL ACTION - LAW r ' f+ NO. 08-6845 ? >, JURY TRIAL DEMANDED NOTICE TO PLEAD: You are hereby notified that you are required to file a response to the Preliminary Objections set forth below within twenty (20) days, or judgment may be entered against you. DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, John A. Bell and Larelen Bell (collectively "Bell, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and respectfully file the instant Preliminary Objections to Plaintiff's Complaint, stating and averring as follows.. 1. Plaintiff Jamie R. Minium ("Minium") commenced this action by the filing of a Writ of Summons on or about November 19, 2008. 2. On or about June 5, 2009, Minium caused the Writ of Summons to be reissued. A true and correct copy of the Praecipe to Reissue Writ is attached hereto as Exhibit B. 3. Minium filed her Complaint on or about August 9, 2010. A true and correct copy of the Complaint is attached hereto as Exhibit C. 4. Minium's claims arise from a motor vehicle accident that occurred on or about November 22, 2006. Ex. C, ¶4. 1. FIRST PRELIMINARY OBJECTION: IMPROPER SERVICE/DEMURRER / FAILURE TO CONFORM TO LAW OR RULE OF COURT 5. Paragraphs 1 to 4 above are incorporated by reference as if set forth fully at length herein. 6. Pursuant to Pa.R.C.P. 401(a), service of a Writ of Summons must be accomplished within thirty days after it is filed. 7. Minium did not serve the Bells with a copy of the Writ of Summons within the requisite thirty days. Exs. A, B. See also Exhibit D, Sheriff's Return, indicating no service of the Writ of Summons prior to its expiration. 8. Proper service is a prerequisite to a court acquiring personal jurisdiction over a defendant. Education Resources Institute, Inc. v. Cole, 827 A.2d 493, 502 (Pa. Super. 2003), appeal denied, 847 A.2d 1286 (Pa. 2004). 9. It is evident from a reading of the Complaint that Minium's claims sound in negligence. 10. The Statute of Limitations for a Negligence cause of action in Pennsylvania is two (2) years. 42 Pa.C.S. § 5524. This Statute of Limitations expired, with regards to Minium's claims, on November 22, 2008. 11. The mere filing of a writ of summon is insufficient to toll the statute of limitations where a plaintiff fails to make a good faith effort to serve the writ in compliance with other applicable rules of court. See, etc.., Devine v. Hutt, 863 A.2d 2 1160, 1167 (Pa. Super. 2004), citing Lamp. v. Heyman, 478, 366 A.2d 882, 889 (Pa. 1976). 12. Pa.R.C.P. 1028(a)(1) allows a party to file a preliminary objection where there is improper service and lack of jurisdiction. 13. Pa.R.C.P. 1028(a)(2) allows a party to file a preliminary objection where a pleading fails to conform to law or rule of court. 14. Pa.R.C.P. 1028(a)(4) allows a party to file a preliminary objection where a pleading is legally sufficient; in other words, a demurrer. 15. Minium's claims should be dismissed because she failed to serve the Bells prior to the expiration of the applicable Statute of Limitations, and this action is time- barred. 16. Minium further failed to reissue the Writ of Summons until nearly six months after the thirty day time period, and the writ became "dead" at this expiration. See, e.g_, Twp. of Lycominq v. Shannon, 780 A.2d 835, 839 (Pa. Commw. 2001). 17. Accordingly, because Minium did not serve the Bells with a valid Writ of Summons prior to the expiration of the statute of limitations, Minium's claims are time barred and should be dismissed. WHEREFORE, Defendants respectfully requests this Honorable Court sustain their Preliminary Objections, and dismiss Plaintiff's Complaint, with prejudice. It. SECOND PRELIMINARY OBJECTION: FAILURE TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO PA.R.C.P. 1028(a)(2) 18. Paragraphs 1 through 17 above are incorporated by reference as if set forth fully at length herein. 3 19. Pursuant to Pa.R.C.P. 1024(c), the Complaint is to be verified by a plaintiff. 20. Minium's Complaint is not verified by her, but rather, by her attorney. Ex. C, unnumbered page 6. 21. Minium's counsel's Verification does not allege that Minium lacks sufficient knowledge or information to provide a Verification, nor does it allege that Minium is outside the jurisdiction of the Court and that it could not be obtained within the time allowed for filing the Complaint. See Pa.R.C.P. 1024(c). 22. Accordingly, Minium's Complaint should be stricken for failure to conform to Pa.R.C.P. 1024(c), or in the alternative, Minium should be made to re-file with a Verification signed by her. WHEREFORE, Defendants respectfully requests this Honorable Court sustain their Preliminary Objections, and dismiss Plaintiff's Complaint, with prejudice. III. THIRD PRELIMINARY OBJECTION: INSUFFICIENT SPECIFICITY 23. Paragraphs 1 through 22 above are incorporated by reference as if set forth fully at length herein. 24. Minium's Complaint alleges, inter alia, that the Bells were negligent by being in violation of unspecified provisions of the Motor Vehicle Code. Ex. C, ¶T12(c-e). 25. Minium's Complaint also alleges that she suffered, inter alia, unspecified economic losses. Ex. C, ¶10. 26. These general and vague averments fail to comply with Pennsylvania law and with applicable rules of court in that they lack the requisite specificity. 4 27. Pa.R.C.P. 1019(a) provides that a complaint must not only allege all the material facts upon which a cause of action lies, but it must plead each fact in a concise and summary form. 28. Pa.R.C.P. 1019(a) has been interpreted to mean "that the complaint must not only apprise the defendant of an asserted claim, but it must also synopsize the essential facts to support the claim." Miketic v. Baron, 675 A.2d 234, 331 (Pa. Super. 1996). 29. This provision is designed to apprise the opposing party of what the pleading party intends to establish at trial. 30. A defendant may file preliminary objections and move to strike off an insufficient statement, or may obtain a rule for a more specific statement. Connor v. Allegheny Gen. Hosp., 461 A.2d 600, 603 n.3 (Pa. 1983). 31. Paragraphs 12(c-e) of Minium's Complaint are insufficiently specific because they fail to identify what provisions of the Motor Vehicle Code are alleged to have been violated. 32. Minium's averments of damages, like other allegations in a complaint, are subject to scrutiny under the specificity requirements of Rule 1019(a) of the Pennsylvania Rules of Civil Procedure. See Commonwealth, Dep't of Transp. v. Shipley Humble Oil Co., 370 A.2d 438, 441 (Pa. Commw. 1977) ("Averments of damage may also be scrutinized under the specificity requirements of Rule 1019(a)."). 33. Paragraph 10 of Minium's Complaint is insufficiently specific because it fails to state what the alleged economic losses actually are. 5 WHEREFORE, Defendants respectfully request this Honorable Court strike paragraphs 10 and 12(c-e) from Plaintiff's Complaint, or in the alternative, direct Plaintiff to re-plead the same with the requisite specificity. IV. FOURTH PRELIMINARY OBJECTION: DEMURRER 34. Paragraphs 1 through 33 above are incorporated by reference as if set forth fully at length herein. 35. In her Complaint, Minium requests attorney fees. Ex. C, "Wherefore" clauses. 36. Minium is not entitled to the recovery of its attorney's fees, because as a general rule, attorney's fees will not be rewarded unless there is an applicable statute, contractual agreement or other established exception that allows such recovery. Commonwealth, Dept. of Transp. v. Smith, 602 A.2d 499, 501 (Pa. Commw. 1992). 37. No such exception applies to Minium's claims in this negligence lawsuit. Accordingly, Minium's requests for attorneys' fees must be stricken, with prejudice. WHEREFORE, Defendants respectfully request this Honorable Court sustain their Preliminary Objections, and strike Plaintiff's requests for attorneys fees, with prejudice. Respectfully sub kS, T Dated: 2010 FER, W. D I.D. No. 68953 Corey J. Adamson, Esquire I.D. No. 204508 Attorneys for Defendant 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 6 JAMIE R. M I IUM, Plaintiff v. JOHN A. BELL and LARELEN BELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO: - pg - (08q.5 (2 ivi i Term JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Respectfully submitted, Date: November 19, 2008 RO GER& ASSOCIATES -- ? Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 WRIT OF SUMMONS To The Above Named Defendants: John A. Bell Larelen R. Belt 219 Lurgan Avenue 219 Lurgan Avenue Shippensburg, PA 17257 Shippensburg, PA 17257 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: )#l)glo8 Q r E, l b'0 -0 !-` x a 9-? Qs ?o lam' JAMIE R. MINTUM, Plaintiff v. JOHN A. BELL and LARELEN BELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08-6845 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT TO THE PROTHONOTARY: Please reissue the attached Writ of Summons in the above captioned case. Date: June 5, 2009 Respectfully submitted, ROMINGER & ASSOCIATES KarLE'Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff EXHIBIT FllED-OFFICE OF THE PROTH TARY 2089 JUN -S PM 3: 0 7 PENN;;` MAMA, ?, /? . x R ,-t Z-46 S?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants L t u ;0/0 ?vt? q ?m q'• ?Y CIVIL ACTION - LAW NO. 08-6845 : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW NO. 08-6845 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jamie R. Minium, by her attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Jamie R. Minium is an adult sui juris residing at 19 North 5t' Street, Newport, Pennsylvania 17074. 2. Defendant John A. Bell is an adult sui juris residing at 219 Lurgan Avenue, Shippensburg, Pennsylvania 17257 (hereinafter referenced as Defendant Bell). 3. Defendant Larelen Bell is an adult sui juris residing at 219 Lurgan Avenue, Shippensburg, Pennsylvania 17257. 4. On or about November 22, 2006, Plaintiff was operating her vehicle at a red light at the intersection of Clinton Avenue and Rt. 11, in Middlesex Township, Cumberland County Pennsylvania. 5. On or about the same time Defendant Bell was traveling North on Rt. 11 and was nearing the intersection with Clinton Avenue, in Middlesex Township, Cumberland County, Pennsylvania. 6. The light changed green for Plaintiff to pass through the intersection crossing Rt. 11 onto North Middlesex Road. 7. Plaintiff entered the inside lane of Rt. 11 North, and Defendant Bell struck Plaintiff s vehicle on the driver's side. 8. Defendant Bell had a duty to Plaintiff and breached that duty. 9. Plaintiff vehicle was towed from the scene. 10. Plaintiff suffers from pain in her neck and back as a result of Defendant Bell's actions, has lost wages and economic losses. Count I Neg1i¢ence Jamie N inium v. John R. Bell 11. Paragraphs 1 through 10, above, are incorporated herein by reference as if fully set forth at length. 12. Defendant was negligent in that: a. He failed to drive in a prudent manner; b. He failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. He drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. He failed to yield to on coming traffic which is a violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; e. He failed to meet his duties at a stop light in violation of Title 75 of the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Count I Nealiaence Jamie Minium v. Larelen Bell 13. Paragraphs 1 through 12, above, are incorporated herein by reference as if fully set forth at length. 14. Upon Information and belief, Defendant Larelen Bell knew or should have known that Defendant John R. Bell was not a safe or prudent driver. 15. As a result of this negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 10 and the same is hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully Submitted, Rominger & Associates Date: August 9, 2010 Kar, . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Jamie R. Minium IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Jamie R. Minium, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 Respectfully Submitted, Rominter & Associates Date: August 9, 2010 IKay K. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Jamie R. Minium IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this complaint are true and correct. A substitute verification will replace this one. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: August 9, 2010 f ? , Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. CIVIL ACTION - LAW NO. 08-6845 JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: f D a0lD 1 ? ?1' ?'7 Zd ramie -R. Minium, Plain SHERIF'F'' S RETURN - OUT OF COUNTY CASE NO: 2008-06845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIN TUM JAMIE R VS BELL JOHN A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BELL LARELEN R but was unable to locate Her in his bailiwick. He therefore deputized t-ie sheriff of FRANKLIN serve the within WRIT OF SUMMONS On April 30th , 2009 , this officewaykor-in receipt of the attached return from FRANKLIN f. ?I Sheriff's Costs: Docketing Out of Counter Surcharge So aaJpwers : 6.00 .00 10.00 R. .00 .00 16.00 11/20/2008 ROMINGER BAILEY WHARE Sworn and subscribe to before me tmas Kline ff of Cumberland County this day of ? .o a -n A. D. ,1c; ?c - rTi r?- L. .. t CJl ?,, Service unknown, Sheriff's Return from Franklin Co. not received as of this date. A letter was faxed on 1/22/09 checking on status of service to which no response was =+ o received. G, EXHIBIT County, Pennsylvania, to SHERI F'E' ' S RETURN - OUT OF CO`JN` CASE NO: 2008-06845 P COMMONWEA TI-1 OF PENNSYLVANIA: COUNTY OF CUMBERLAND MINIUM JAMIE R VS BELL JOHN A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BELL JOHN A but was unable to locate Him deputized the sheriff of FRANKLIN serve the within WRIT OF SUMMONS County, Pennsvlvania, to On April 30th , 2009 , this officewkxs( -in receipt of the attached return from FRANKLIN Sheriff's Coats: Docketing Out of County Surcharge Franklin Co. 18.00 9.00 10.00 R. 100.00 .00 137.00 11/20/2008 ROMINGER BAILEY WHARF, Sworn and subscribe to before me this day of A. D. to wit: in his bailiwick. He therefore UIIIC .1Ill J..11C ff of Cumberland County C N a d r r ma --t te ?? - c rn r -.. r cn -a ,`jamy C.} ' l t _ o ;ern ? a w -c Service unknown, Sheriff's Return from Franklin Co. not received as of this date. A letter was faxed on 1/22/09 checking on status of service to which no response was received. CERTIFICATE OF SERVICE AND NOW, this the day of J 2010, I, Janine Guinter, of the law 0 firm of Thomas, Thomas & Hafer, LLP, hereb certify that I sent a true and correct copy of the foregoing upon the following via U.S. mail, postage pre-paid: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP anine Guinte 8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FlL.FE)-t?E=~uc Sheriff ,~ ~ r t ,~„-.-~, . ~~;'~t~Y Jody S Smith Chief Deputy ~ ~ ~r? ' ~ ~+~~ ~' ~ ~ Richard W Stewart CUPri~`-~ ~~ ~~UUNTY Solicitor ~ - • ~, ~ ,ti, ~ ~ PEIV~ v~ i Ly~llA Jamie R. Minium Case Number vs. John A. Bell (et al.) 2008-6845 SHERIFF'S RETURN OF SERVICE 06/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: John A. Bell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 06/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Larelen Bell, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 06/18/2009 02:55 PM -Franklin County Return: And now June 18, 2009 at 1455 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Larelen Bell by making known unto herself personally, at 219 Lurgan Avenue, Shippensburg, PA 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/18/2009 02:55 PM -Franklin County Return: And now June 18, 2009 at 1455 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: John A. Bell by making known unto Larelen Bell, Wife of defendant at 219 Lurgan Avenue, Shippensburg, PA 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 September 02, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2008-00282 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN JAMIE R MINIUM VS JOHN A AND LARELEN BELL WILLIAM M KAUFFMAN Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS BELL LARELEN was served upon DEFENDANT the at 1455:00 Hour, on the 18th day of June 2009 at 219 LURGAN AVENUE SHIPPENSBURG, PA 17257 LARELEN BELL by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this ~ ~ day of ~ ~ ''ZA~c'A.D. _ ~ . ~~~ Notary ~_ So Answers: WILLIAM _KAUFFMAN BY G,~--~ Deputy Sherif 08/31/2010 WILLIAM M KAUFFMAN COMMONW~AI-TN OF PEA ~VA'NI~ h~TARIAL SEAL ~ RICHARD D• P:r,~`CAR i Y, Notary Public Chair~bersburc_; aoro., Franklin County h1y Commission. Ex{~ires Jan. 29, 2011 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00282 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN JAMIE R MINIUM VS JOHN A AND LARELEN BELL WILLIAM M KAUFFMAN Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS BELL JOHN A was served upon the DEFENDANT at 1455:00 Hour, on the 18th day of June 2009 at 219 LURGAN AVRNTTR SHIPPENSBURG, PA 17257 LARELEN BELL (WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this ~~~ day of C~-t,C ~ l ~ A . D . -~ ~~ Notary ,_ So Answers: WILLIAM M KI~UFFMAN ~~ By Deputy S eriff 08/31/2010 ROMINGER AND ASSOCIATES COMMONWEALTH OF PENNSYLVANIA NO'-" 1=AkIAL SEAL RICHARD D. P~1cCAi; ~ Y, Notary Public Chambersburg i3oro., Franklin County R1y Commission Exl.~ires tan. 29, 2011 ~n The Court of Common Pleas of Cumberland County, Pennsylvania Jamie R. Minium John A. & Larelen Bell 219 Lurgan Avenue Shippensburg, PA 17257 vs. Civil No. 2008-6845 Now, June 9, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin 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, ~ ~ ,~c,^~,' , 20 Q ~ , at~o'clock ~M, served the ,-,. within (~ ~ ~~ ~ ©~ _S LAP /y,/yal1NS upon G-~~1 l2.~ ~N ~l , ~ Z~ ~ lC~/,' ~ 17~? ~f~11 ~ ~,c' / : ~ . by handing to / q n;~` ~~~_~ ~ ~' , a ~-ti~~~~"~ ~~i ~~ copy of the original and made known to ~~ So answers, Shfriff of COSTS SERVICE_ MILEAGE_ AFFIDAVIT ~~ R i` .7/ D l~ S~, ~ et~/i the contents thereof. County, Lr~' Notarial'Seal " $ Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County '. ~n The Court of Common Pleas of Cumberland County, Pennsylvania Jamie R. Minium John A. & Larelen Bell 219 Lurgan Avenue Shippensburg, PA 17257 vs. Civil No. 2008-6845 Now, June 9, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~s~~ Sheriff of Cumberland County, PA Affidavit of Service Now l ~ ~~ ti , 20~, at~o'clock ~M, served the within G~ ~ i` ~ ~ ~ S~ ruin ~ ,NS' upon ~ ~-~'.E' ~,~.,til at ~~.) ~ ~ G1 is by handing to . ~- i4- a~ ~~ ~ ~~ ~/ I~ copy of the original Gv ~ ~~ 7~ G~ ~ -S G~ n~ /h ~w' .5 and made known to /-l ~~ the contents thereof. So answers, ~~ S riff of Sworn an b ribed e ore his~a f ,2p~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL. # RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires tan. Z9, 2011 COSTS SERVICE_ MILEAGE_ AFFIDAVIT ~L~ ,PA SHERIFF'S RETURN - NOT SERVED - CASE NO: 2008-00282 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN JAMIE R MINIUM VS JOHN A AND LARELEN BELL DANE M ANTHONY Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: BELL JOHN A but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT SERVED as to the within named DEFENDANT BELL JOHN A 219 LURGAN AVENUE SHIPPENSBURG, PA 17257 ACCORDING TO 911 CENTER- ADDRESS IN CUMBERLAND COUNTY Sheriff's Costs: So answers: Docketing . p0 ~'~ Service .00 Affidavit .00 DANE M^ANTH Y, Sh iff Surcharge .00 .00 .00 CUMBERLAND COUNTY SHERIFF 06/05/2009 Sworn and subscribed to before me this ~~~ day of ~t-taJE C~ ~1,/D COMMON~~ PENNSYL~l;,?:!A NOTARIAL SEAL ~~~~ RICHARD D. McCARTY, Notary Pubii~ Chambersburg Baro., Franklin County N!y Commission Expires Jan. 29, 2U1 !~ SHERIFF'S RETURN - NOT SERVED • CASE NO: 2008-00282 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN JAMIE R MINIUM VS JOHN A AND LARELEN BELL DANE M ANTHONY Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: BELL LARELEN but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT SERVED as to the within named DEFENDANT BELL LARELEN 219 LURGAN AVENUE SHIPPENSBURG, PA 17257 ACCORDING TO 911 CENTER- ADDRESS IN CUMBERLAND COUNTY Sheriff's Costs: So answers: Docketing .00 S e rv i c e . 0 0 ,~.~ ~,v` Affidavit .00 DANE M ANTH NY, S riff Surcharge .00 .00 .00 CUMBERLAND COUNTY SHERIFF 06/05/2009 Sworn and subscribed to before me this ~ _ day of ~'c-l~rt~~ .D a COil1MONWEALI~~q I~tNVSYLVANIA NOTARIAL SEAL.""" RICHARD D. McCARTY, Notary publir_ ~hambersburg Boro., Franklin County h`y~'vnm+?ssion Expires tan. 29, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff IV. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW NO. 08-6845 JURY TRIAL DEMANDED ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Jamie Minium by and through her counsel Karl E. Rominger, Esquire and in support of Plaintiff's Answer to Defendant's Preliminary Objections, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. FIRST PRELIMINARY OBJECTION - IMPROPER SERVICE/DEMURRER/FAILURE TO CONFORM TO LAW OR RULE OF COURT 5. Requires no answer. 6. Conclusion of law and requires no answer. 7. Conclusion of law and requires no answer. To the extent an answer is required, it is denied. 8. Conclusion of law and requires no answer. 9. Admitted. 10. Conclusion of law and requires no answer. 11. Conclusion of law and requires no answer. 12. Conclusion. of law and requires no answer. 13. Conclusion of law and requires no answer. 14. Conclusion of law and requires no answer. c? ; _, i j 15. Conclusion of law and requires no answer. To the extent an answer is required, it is denied. 16. Conclusion of law and requires no answer. To the extent an answer is required, it is denied. 17. Conclusion of law and requires no answer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's first preliminary objection. SECOND PRELIMINARY OBJECTION - COUNT I LEGAL INSUFFICIENCY OF PLEADING PURSUANT TO Pa.R.Civ.P. 1028(a)(4). 18. Requires no answer. 19. Conclusion of law and requires no answer. 20. Admitted in part, denied in part. By way of further answer, a substitute verification was filed one day after the Complaint, which was signed and verified by Plaintiff. 21. Conclusion of law and requires no answer. By way of further answer, Counsel's verification stated that a substitute verification would replace Counsel's verification, and the substitute verification, signed and verified by Plaintiff, was filed the very next day. 22. Conclusion of law and requires no answer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's second preliminary objection. THIRD PRELIMINARY OBJECTION - INSUFFICIENT SPECIFICITY 23. Requires no answer. 24. Denied. 25. Denied. 26. Conclusion of law and requires no answer. 27. Conclusion of law and requires no answer. 28. Conclusion of law and requires no answer. 29. Conclusion of law and requires no answer. 30. Conclusion of law and requires no answer. 31. Conclusion of law and requires no answer. To the extent an answer is required, it is denied. 32. Conclusion of law and requires no answer. To the extent an answer is required, it is denied. 33. Conclusion of law and requires no answer. To the extent an answer is required, it is denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's third preliminary objection. FOURTH PRELIMINARY OBJETION - DEMURRER 34. Requires no answer. 3 5. Admitted. 36. Admitted 37. Admitted WHEREFORE, Plaintiff respectfully withdraws her request for attorney's fees. Respectfully Submitted, Rominger & Associates Date: September 16, 2010 K Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID4 81924 Attorney for Plaintiff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM., Plaintiff v. JOHN A. BELL and LARELEN BELL, Defendants CIVIL ACTION - LAW NO. 08-6845 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I served a copy of the within Answer to Defendants' Preliminary Objections to Plaintiff's Complaint, upon the following by depositing the same in the United State Mail, postage pre-paid, first class, addressed as follows: W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, Pennsylvania 17108 Date: September 16, 2010 Respectfully Submitted, Rominger & Associates Kar Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT I L (Must be typewritten and submitted in triplicate) (r I TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) JAMIE R. MINIUM vs. JOHN A. BELL and LARELEN BELL, (List the within matter for the next o !I -v z = ---i Co r-n rn > N < ? i ? o ?. 08 6845 " No. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 2. Identify all counsel who will argue cases: (a) for plaintiffs: KARL E. ROMINGER, ESQUIRE (Name and Address) ROMINGER & ASSOCIATES, 155 S. HANOVER ST., CARLISLE, PA 17013 (b) for defendants: W. DARREN POWELL, ESQUIRE (Name and Address) THOMAS, THOMAS & HAFER, P. O. BOX 999, HARRISBURG, PA 17108-0999 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: JULY 15, 2011 Sig "RGliF- W. DARREN POWELL, Date: JUNE 15, 2011 Print your name DEFENDANTS Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. f - 0 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, CIVIL ACTION - LAW Plaintiff V. NO. 08-6845 JOHN A. BELL and LARELEN BELL, JURY TRIAL DEMANDED Defendants. CERTIFICATE OF SERVICE AND NOW, this 16 day of June, I, Linda Malone, hereby certify that I sent a true and correct copy of the foregoing Praecipe for Listing Case for Argument by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Date: n Malone THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, CIVIL ACTION - LAW Plaintiff V. : NO. 08-6845 JOHN A. BELL and LARELEN BELL, JURY TRIAL DEMANDED Defendants. DEFENDANTS' MOTION TO COMPEL C) c N C= C) z rn C = ? Z Na - _U M 3, r - r -,^? z? o o-n zC- D..c ? ) a r7ry ? _..{ C-n y m --c co AND NOW, comes Defendants John A. Bell and Larelen Bell, by and through their attorneys, W. Darren Powell, Esquire and Thomas, Thomas & Hafer, LLP, and moves this Court for an Order to Compel and, in support thereof, avers and states as follows: 1. Plaintiff Jamie R. Minium initiated this matter by the filing of a Writ of Summons on or about November 19, 2008. 2. Plaintiff filed her Complaint on or about August 9, 2010. 3. This case stems from a motor vehicle accident that occurred on November 22, 2006. 4. Based upon communication and agreement with Plaintiff's counsel, Plaintiff's deposition was scheduled for November 8, 2010. A Notice of Deposition was then forwarded to Attorney Rominger on September 1, 2010, in compliance with Pa. R.C.P. 4007.1. 5. Shortly before her scheduled deposition, Defendant's counsel was advised that Plaintiff would not attend and that the deposition was off. 6. Defendant, again working with Plaintiff's counsel for available dates, eventually rescheduled Plaintiff's deposition for May 6, 2011. The Notice of Deposition was forwarded to Attorney Rominger on March 21, 2011, in compliance with Pa. R.C.P. 4007.1. 7. Without any notice, Plaintiff failed to appear for her scheduled deposition on May 6, 2011, causing Defendants to incur unnecessary expenses. 8. Plaintiff has frustrated Defendants' attempts to take her deposition in this case. 9. Defendants are entitled to take the deposition of Plaintiff. Pa.R.C.P. 4007.1. 10. Given the above-outlined history, Defendants request an Order of Court directing Plaintiff to attend a deposition. 11. Defendants request sanctions in the form of a Order to compel Plaintiff to attend a deposition or other alternative sanctions as the Court sees fit pursuant to Pa.R.C.P. 4019. 12. No judge has ruled on any other matters in this case. 13. Counsel for Defendants wrote to counsel for Plaintiff under faxed correspondence of June 13, 2011 seeking the concurrence or non-concurrence of the within Motion by June 15, 2011. To date, Plaintiff's counsel has not responded and, as such, it is assumed that Plaintiff does not concur in the motion. WHEREFORE, Defendants, John A. Bell and Larelen Bell, respectfully requests that this Honorable Court enter an order granting the within Motion and directing Plaintiff, Jamie Minium, to appear for her deposition within 30 days of the date hereof or suffer sanctions, which may include dismissal of the case. Respectfully submitted, Date: W. Da en P squire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 CERTIFICATE OF SERVICE AND NOW, this the W day of June, 2011, I, Linda Malone, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing upon the following via U.S. mail, postage pre-paid: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP da Malone IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE R. MINIUM, Plaintiff V. JOHN A. BELL and LARELEN BELL, CIVIL ACTION - LAW : NO. 08-6845 JURY TRIAL DEMANDED c 4 ` r r C25 --4c:) vx CO °r 4 CD Defendants. AND NOW, this ORDER day of 2011, upon careful consideration of Defendants' Motion to Compel Plaintiff's Deposition, and any and all responses thereto, said Motion is hereby GRANTED. Plaintiff is directed to appear for her deposition upon a date convenient to counsel, within 30 days of the date hereof. Plaintiff's failure to attend the deposition within this time frame will subject the Plaintiff to sanctions, including dismissal of the suit upon application by Defendants. By the Court: ??G 1?vt upa, / "U J. 21- FILED-OFt li IN THE COURT OF COMMON PLEAS OF 1'= E?' PRI 0T!Ir?.i? CUMBERLAND COUNTY, PENNSYLVANIA 2011 AUG 12 PM 3: 28 JAMIE R. MINIUM, CIVIL ACTION - LAW OIJMBERLAI°all %OUNI I PENNSYLVANIA Plaintiff NO. 08-6845 V. JOHN A. BELL and LARELEN BELL, Defendants. JURY TRIAL DEMANDED PRAECIPE TO `SETTLE, !DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above case settled and discontinued with prejudice. Respectfully submitted, Dated: g (? yd 1/ Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 G JAMIE R. MINIUM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-6845 CIVIL JOHN A. BELL and LARELEN BELL, Defendants JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HESS, P.J. AND EBERT, J. ORDER AND NOW, this 7'4 day of September, 2011, following argument, the Court being satisfied that the writ in this case was filed prior to the expiration of the statute of limitations and that delay in service was through no fault of the plaintiff, the rule in Lamp v. Heyman, 366 A.2d 992 (Pa. 1976), as further explained in McCreesh v. City of Philadelphia, 888 A.2d 664 (Pa. 2005), has not been violated. The Court concludes, also, that the remaining preliminary objections are without merit, and notes that the plaintiffs request for attorney's fees has been withdrawn. Accordingly, the preliminary objections of the defendant are DENIED. BY THE COURT, Kevin ess, P. J. ? Karl E. Rominger, Esquire For the Plaintiff c? c Darren Powell, Esquire Mca -- -? rri- For the Defendants : ? C,O r- - N dIP :rlm tom -r = -nn ? E.,4 rn? t lScl., D 9/-V