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HomeMy WebLinkAbout10-6521IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GEORGE W. LESH and PHYLLIS LESH as his wife and in her own right 111 Fertig Lane Dauphin, PA 17018 Plaintiffs VS. Case No. 16 - f'o5? Civil Term Civil Action - LAW MAUREEN MANDAGIE [-v 111 May Drive, Apt. 1 Camp Hill, PA 17011 Defendant PRAECIPE FOR WRIT OF SUMMONS y U1, TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case. Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle choice) Date : October 8.2010 Signature of Attorn Print Name: Christopher J. Marzzacco. Esq. Address: 130 West Church Street. Suite 100 Dillsbura,. PA 17019 Telephone #: (717) 502-5000 Supreme Court ID Number: 78262 • • • • • WRIT OF SUMMONS TO: MAUREEN MANDAGIE 4 IA YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ro honotary/Clerk, Civil Division ` Date: _ jj J/ Deputy 42.0o i? rrr7 e KA Ajoq f SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff?rxtp nttl,n?f? f Jody S Smith Chief Deputy -` ` Richard W Stewart Solicitor OFFiC E OF THE `-ERIFF George W. Lesh vs. Maureen Mandagie Case Number 2010-6521 SHERIFF'S RETURN OF SERVICE 11/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November 5, 2010 at 0955 hours, he was unable to serve a true copy of the within Writ of Summons, upon the within named defendant, to wit: Maureen Mandagie. After several attempts the Writ of Summons has expired. SHERIFF COST: $41.50 SO ANSWERS, November 05, 2010 RON R ANDERSON, SHERIFF ...? W ?? MU - < ni s" J ^ni Cj CountySuite Sheriff. Teleosoft. Inc. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GEORGE W. LESH and PHYLLIS LESH as his wife and in her own right 111 Fertig Lane Dauphin, PA 17018 Plaintiffs Case No. 140 5 Civil Term VS. Civil Action - LAW MAUREEN MANDAGIE 111 May Drive, Apt.1 'o Camp Hill, PA 17011 Defendant PRAECIPE FOR WRIT OF SUMMONS -, TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case. Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle choice) Date : October 8. 2010 Signature of Attorn Print Name: Chris Rher J. Marzzacco. Esa. Address: 130 West Church Street. Suite 100 Dillsburg, PA 17019 Telephone #: (717) 502-5000 Supreme Court ID Number: 78262 ••••• WRIT OF SUMMONS TO: MAUREEN MANDAGIE zr?? YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: 6 '-TRUE G0 FROM RECORD r ? a (tiro urog am my harm aj??,d I&. Pa. T1Na ?7 *'-?+? 20 Deputy t FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 18 PM 2: 46 COLGAN MARZZACCO, LLC. By: ChristopherT Marzzacco, Esquire CUMBERLAND COUNTY I.D. No.: 78262 PENNSYLVANIA P.O. Box 60157 Harrisburg, PA 17106 (717) 635-9648 Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GEORGE W. LESH and PHYLLIS LESH as his wife and in her own right 111 Fertig Lane Dauphin, PA 17018 Plaintiffs VS. MAUREEN MANDAGIE 111 May Drive, Apt.1 Camp Hill, PA 17011 Defendant : Case No. 2010-6521 Civil Term : Civil Action - LAW PRAECIPE TO REINSTATE/REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reinstate/reissue the Writ of Summons in the above-captioned action. Reinstated Writ of Summons will be issued and forwarded to Attorney. Sheriff. Respectfully submitted, COLGAN MARZZACCO, LLC i Date: By: Christopher J. Marzzacco, Esquire Supreme Court ID No. 78262 P.O. Box 60167 Harrisburg, PA 17106 ff???p a (717) 635-9648 a, 61 96, g.* OT G7NCc3}if tvk AJimca IN THE COURT OF COMMON PLEAS OF CUMBE CIVIL DIVISION fiQ GEORGE W. LESH and PHYLLIS LESH as his wife and in her own right Ill Fertig Lane Dauphin, PA 17018 Plaintiffs VS. MAUREEN MANDAGIE 111 May Drive, Apt. l Camp Hill, PA 17011 Defendant Case No. 10 L 5x21 Civil Term Civil Action - LAW PRAECIPE FOR WRIT OF SUMMONS c W rv TO THE PROTHONOTARY/CLERK OF SAID COURT: ci Issue summons in the above case. Writ of Summons shall be issued and forwarded to Attornev/Sherifl: (Please Circle choice) 4& rjr- Date : October 8. 2010 Signature of Attorn Print Name: Christopher J. Matzzacco, Esa. Address: 130 West Church Streat. Suite 100 Diilsb" PA 17019 Telephone #: (717) 502-5000 Supreme Court ID Number: 78262 • • • • • WRIT OF SUMMONS TO: MAUREEN MANDAGIE r YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Pr thonotary/Clerk, Civil Division Date: C.• 1.4 o 1U `b 6'? jC-r 1.r1 /'- Deputy TRUE CO#+Y FROM RECORD M Testtmo?yo*Iwr mYhTT ehat Pa. 7hs _ ..EG..1? honota Prot Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?• iLEC-Or ri 'E THE F' C?!}sue 'OT' ?Y 201.0 DEC 20 PH '2- u" "UMBERLAFi! j0 j 1`s '1' PCr?jCy \'/y?-jI , George W. Lesh vs. Maureen Mandagie Case Number 2010-6521 SHERIFF'S RETURN OF SERVICE 12/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Maureen Mandagie, but was unable to locate her in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Maureen Mandagie. Request for service at 111 May Drive, Apartment 1, Camp Hill, Pennsylvania 17011 the defendant was not found. The Camp Hill Postmaster has advised, Maureen Mandagie currently resides ai 1307 Cranebell Court, Apartment 304, Bellcamp, Maryland 21017. SHERIFF COST: $46.94 SO ANSWERS, December 13, 2010 RONW R ANDERSON, SHERIFF 10-023147 LAW OFFICE OF SNYDER & D R 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS FPlE??3\k \?:r PM 35 ` UMBERUAjiD C of f \, 110ENNSY! y'A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Maureen Mandagie. Date: June 15. 2011 Respectfully submitted, LAW By: & DORER Attorney for Defendant Court I.D. No. 39126 10-023147 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plainfiff Date: June 15, 2011 Attorney for Defendant 10-023147 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS VS. MAUREEN MANDAGIE, DEFENDANT fir ? L. ?1, ,oF,j •, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiffs to file a Complaint wit in Wenty (20) days hereof or suffer the entry of a Judgment of Non Pr,4s,,,,7- I Date: June 15. 2011 e'0h4dld R. Dorer, Esquire Attorney for Defendant Court I.D. 39126 RULE TO FILE COMPLAINT AND NOW, this day of L-VIC , 2011 a RULE is hereby entered upon the Plaintiffs to file a Comp int herein within twenty (2 ) days after service hereof or suffer the entry of a Judgment of No Pros. PROTH 10-023147 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS VS. MAUREEN MANDAGIE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plain r Date: June 15. 2011 Donald R. Dorer, Esquire Attorney for Defendant FILED-OFFICE ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY, PC r? 1. T H E P R O T Kj 0 TA R `{ BY: Christopher J. Marzzacco, Esquire Supreme Court ID #78262 1.011 JUL 18 AM 10: ? 2 252 Boas Street Harrisburg, PA 17102 CUMBERLAND COUNT` Phone: (717) 901-3500 PENNSYLVI%NIA Fax: (717) 909-0300 cm arzzaccoganapo Ischwartz. com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE W. LESH, individually and as husband of PHYLLIS P. LESH, and PHYLLIS P. LESH, individually and as wife of GEORGE W. LESH Plaintiffs V. MAUREEN MANDAGIE Defendant NO. 2010-6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 THE TELEPHONE OR 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 1-800-990-9108 717-249-3166 ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY, PC BY: Christopher J. Marzzacco, Esquire Supreme Court ID #78262 252 Boas Street Harrisburg, PA 17102 Phone: (717) 901-3500 Fax: (717) 909-0300 cmarzzaccona,anapolschwartz corn Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE W. LESH, individually and as husband of PHYLLIS P. LESH, and PHYLLIS P. LESH, individually and as wife of GEORGE W. LESH Plaintiffs V. MAUREEN MANDAGIE Defendant NO. 2010-6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come Plaintiffs, GEORGE W. LESH and PHYLLIS P. LESH, by and through their counsel, Christopher J. Marzzacco, and respectfully aver the following: 1. Plaintiffs George W. Lesh and Phyllis P. Lesh are adult individuals currently residing at 111 Fertig Drive, Dauphin, Pennsylvania 17018. 2. Defendant Maureen Mandagie is believed to be an adult individual currently residing at 1307 Cranbell Court, Apartment 304, Bellcamp, Maryland 21017. The facts and occurrences herein took place on or about October 31, 2008, at approximately 10:20 am, at the intersection of North 21s' and Walnut Streets in Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, George W. Lesh, owned and operated a 2003 Chevy Silverado bearing Pennsylvania registration plate number YPS2834. At that time and place, Plaintiff, Phyllis P. Lesh, was a front seat passenger in the vehicle being driven by Plaintiff, George W. Lesh. 6. At that time and place, Defendant, Maureen Mandagie, owned and operated a 2008 Honda Accord bearing Pennsylvania registration plate number SSSST. 7. While Plaintiff was lawfully traveling southbound on North 21St Street, Defendant, Maureen Mandagie, proceeded from a stop sign, through the intersection with Walnut Street, directly into the path of travel of Plaintiffs, causing a collision. 8. At all times material to this action, the weather and road conditions were normal. COUNT I: NEGLIGENCE George W. Lesh v. Maureen Mandagie Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by reference as if full set forth at length below. 10. The aforementioned incident and all of the injuries and damages set forth hereinafter sustained by Plaintiff, George W. Lesh, are the direct and proximate result of the negligent and careless manner in which Defendant, Maureen Mandagie, operated her motor vehicle as follows: a. in failing to yield the right of way at a stop sign in violation of 75 Pa.C.S.A. §3323(b); b. in failing to have her vehicle under proper and adequate control; in failing to exercise the high degree of care required of a motorist when entering an intersection; d. in attempting to enter an intersection when such movement could not be safely accomplished; in failing to yield the right-of-way to traffic lawfully proceeding on the roadway; f. in failing to operate her vehicle in accordance with then-existing traffic conditions and traffic controls. 11. As a result of Defendant, Maureen Mandagie's aforementioned behavior, Plaintiff George W. Lesh, sustained painful and severe injuries, which included, but are not limited to, left shoulder, left wrist and cervical spine strains, as well as right rib and left knee contusions. 12. As a result of said injuries, Plaintiff, George W. Lesh, has suffered and/or may suffer physical and mental anguish, pain, suffering and inconvenience. 13. As a direct and proximate result of the negligence of Defendant, the Plaintiff, George W. Lesh, has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his detriment and loss. 14. As a result of said injuries, Plaintiff, George W. Lesh, has been and/or may be deprived of the ordinary pleasures of life. WHEREFORE, Plaintiffs, George W. Lesh and Phyllis P. Lesh, demand judgment against Defendant, Maureen Mandagie, in an amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II: NEGLIGENCE Phyllis P. Lesh v. Maureen Mandnie 15. Paragraphs 1 through 14 of Plaintiffs' Complaint are incorporated herein by reference as if full set forth at length below. 16. The aforementioned incident and all of the injuries and damages set forth hereinafter sustained by Plaintiff, Phyllis P. Lesh, are the direct and proximate result of the negligent and careless manner in which Defendant, Maureen Mandagie, operated her motor vehicle as follows: a. in failing to yield the right of way at a stop sign in violation of 75 Pa.C.S.A. §3323(b); b. in failing to have her vehicle under proper and adequate control; C. in failing to exercise the high degree of care required of a motorist when entering an intersection; d. in attempting to enter an intersection when such movement could not be safely accomplished; e. in failing to yield the right-of-way to traffic lawfully proceeding on the roadway; f. in failing to operate her vehicle in accordance with then-existing traffic conditions and traffic controls. 17. As a result of Defendant, Maureen Mandagie's aforementioned behavior, Plaintiff Phyllis P. Lesh, sustained painful and severe injuries, which included, but are not limited to, chest wall and right elbow contusions. 18. As a result of said injuries, Plaintiff, Phyllis P. Lesh, has suffered and/or may suffer physical and mental anguish, pain, suffering and inconvenience. 19. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Phyllis P. Lesh, has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 20. As a result of said injuries, Plaintiff, Phyllis P. Lesh, has been and/or may be deprived of the ordinary pleasures of life. WHEREFORE, Plaintiffs, George W. Lesh and Phyllis P. Lesh, demand judgment against Defendant, Maureen Mandagie, in an amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III: LOSS OF CONSORTIUM George W. Lesh v. Maureen Mandagie 21. Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated herein by reference as if full set forth at length below. 22. As a result of the aforementioned injuries sustained by his wife, Plaintiff, George W. Lesh, has been, and may in the future be, deprived of the care, companionship, consortium and affection of his wife, all of which will be to his great detriment and loss. WHEREFORE, Plaintiffs, George W. Lesh and Phyllis P. Lesh, demand judgment against Defendant, Maureen Mandagie, in an amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV: LOSS OF CONSORTIUM Phyllis P. Lesh v. Maureen Mandagie 23. Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein by reference as if full set forth at length below. 24. As a result of the aforementioned injuries sustained by her husband, Plaintiff, Phyllis P. Lesh, has been, and may in the future be, deprived of the care, companionship, consortium and affection of her husband, all of which will be to her great detriment and loss. WHEREFORE, Plaintiffs, George W. Lesh and Phyllis P. Lesh, demand judgment against Defendant, Maureen Mandagie, in an amount in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANAPOL SCHWARTZ By: C sto her J. arzzacco, Esquire I.D. No.: 78262 VERIFICATION I, Christopher J. Marzzacco, Esquire, hereby state: I am the attorney representing the Plaintiffs in this action. 2. I verify that George W. Lesh and Phyllis P. Lesh do hereby state that the averments of fact in the foregoing COMPLAINT are true and correct to the best of their knowledge, information, and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3. An original Verification for George W. Lesh and Phyllis P. Lesh will be filed with this Court in the near future. CHRISTOPHE J. MARZZACCO, ESQUIRE Attorney for Plaintiffs Dated: y ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY, PC BY: Christopher J. Marzzacco, Esquire Supreme Court ID #78262 252 Boas Street Harrisburg, PA 17102 Phone: (717) 901-3500 Fax: (717) 909-0300 cmarzzaccoP_anapo 1schwartz.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE W. LESH, individually and as husband of PHYLLIS P. LESH, and PHYLLIS P. LESH, individually and as NO. 2010-6521 wife of GEORGE W. LESH Plaintiffs V. MAUREEN MANDAGIE CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Christopher J. Marzzacco, Esquire, hereby certify that I am this / y day of 2011, serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first-class US mail delivery, to: Donald R. Dorer, Esquire SNYDER & DORER 214 Senate Avenue Suite 600 Camp Hill, PA 17011 Respectfully submitted, ANAPOL SCHWARTZ Dated: 7 - /Y- lI By: ?C hristopher J. Marzzacco, Esquire 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS r' TF, n,1 ri { I ht"1 I I 1 U, ., PENN5YLYAN{A TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Maureen Mandagie, by and through her attorney, Donald R. Dorer, Esquire, Law Office of Snyder & Dorer and sets forth the following Answer to Complaint with New Matter: 1. Admitted. 2. Admitted. 3. Paragraph 3 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 4. Admitted in part, denied in part. It is admitted only that Plaintiff, George W. Lesh, operated a 2003 Chevy Silverado, bearing Pennsylvania registration plate number YPS2834. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 5. Admitted in part, denied in part. It is admitted only that Plaintiff, Phyllis P. Lesh, was a passenger in the vehicle driven by Plaintiff, George W. Lesh. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 6. Admitted. 7. The allegations in paragraph 7 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 8. Paragraph 8 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Maureen Mandagie, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNTI George W. Lesh v. Maureen Mandagie 9. Paragraphs 1 through 8 are incorporated herein by reference, and made a part hereof as if set forth in full. 10.-11. The allegations in paragraphs 10 and 11 of the Complaint, including subparagraphs 10(a) through 10(f), are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 12. Paragraph 12 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 13. The allegations in paragraph 13 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 14. Paragraph 14 of Plaintiffs' Complaint is generally denied pursuant to Pa. R. C. P. § 1029(e). WHEREFORE, Defendant, Maureen Mandagie, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT II Phyllis P. Lesh v. Maureen Mandagie 15. Paragraphs 1 through 14 are incorporated herein by reference, and made a part hereof as if set forth in full. 16.-17. The allegations in paragraphs 16 and 17 of the Complaint, including subparagraphs 16(a) through 16(f), are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 18. Paragraph 18 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 19. The allegations in paragraph 19 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 20. Paragraph 20 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Maureen Mandagie, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT III Loss of Consortium George W. Lesh v. Maureen Mandagie 21. Paragraphs 1 through 20 are incorporated herein by reference, and made a part hereof as if set forth in full. 22. Paragraph 22 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Maureen Mandagie, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT IV Loss of Consortium Phyllis P. Lesh v. Maureen Mandagie 23. Paragraphs 1 through 22 are incorporated herein by reference, and made a part hereof as if set forth in full. 24. Paragraph 24 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Maureen Mandagie, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 25. Paragraphs 1 through 24 are incorporated herein by reference, and made a part hereof as if set forth in full. 26. The Plaintiffs' claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 27. The Plaintiffs' claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Maureen Mandagie, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, LAW,OfFICE OF SNYDER & DORER Date: August 10, 2011 By:? [A,/V D Wald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 It ? of, P )1 UhNNIR LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Maureen Mandagie verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: -g Z/1 Maureen Mandagie 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 vs. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plaintiff Date: August 10, 2011 l./ V D Doer, Esquire Attornev for Defendant 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS ?p11 `,? -- ? gyp: a? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION OF DEFENDANT, MAUREEN MANDAGIE, TO COMPEL PLAINTIFFS' DISCOVERY 1. The present action arises from a motor vehicle accident occurring at the intersection of 22nd and Walnut Streets in Camp Hill, Cumberland County, Pennsylvania on October 31, 2008. 2. The present action was commenced by the filing of a Writ of Summons on or about October 13, 2010, with the Praecipe to Reinstate/Reissue Writ of Summons being filed on or about November 18, 2010. 3. Following the filing of an Entry of Appearance by counsel for the Defendant, and the Rule to File Complaint on or about June 16, 2011, Plaintiffs' Complaint was filed with this Court on or about July 18, 2011. 4. Answer to Complaint with New Matter was filed by counsel for Defendant on or about August 11, 2011, with Plaintiffs' Answer to the New Matter of Defendant being filed on or about August 19, 2011. Pleadings in this matter were thereby closed. 5. By letter dated June 16, 2011, counsel for Defendant served Defendant's Interrogatories Addressed to Plaintiffs and Defendant's Request for Production of Documents Addressed to Plaintiffs upon counsel for Plaintiffs. The letter dated June 16, 2011, together with the aforementioned enclosed discovery requests are collectively attached hereto as Exhibit "A" and incorporated by reference as if more fully set forth herein. 6. By electronic mail exchange dated July 14, 2011, counsel for Plaintiffs advised he needed an additional thirty (30) days to answer discovery and that discovery responses would be forthcoming. This electronic mail note is attached hereto as Exhibit "B". 7. To date, defense counsel has received no response to the requested discovery. 8. It has now been over two (2) months since the Plaintiffs received Defendant's Interrogatories and Request for Production of Documents. 9. Pursuant to the Pennsylvania Rules of Civil Procedure, the Plaintiffs' answers to Interrogatories and response to Request for Production of Documents are overdue. 10. It is respectfully requested that your Honorable Court issue an Order directing the Plaintiffs to file answers to Defendant's Interrogatories and a response to Defendant's Request for Production of Documents or imposing appropriate sanctions against the Plaintiffs. WHEREFORE, Defendant respectfully requests that your Honorable Court issue an Order directing Plaintiffs to file answers to Defendant's Interrogatories and a Request for Production of Documents or imposing appropriate sanctions against the Plaintiffs. Respectfully submitted, LAW OFFICE OF SNYDER & DORER Date: September 7, 2011 By: Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 E LAW OFFICE OF SNYDER & DORER LAW OFFICE OF JILL R. SNYDER Bethlehem, PA 18017 SNYDER & BARRETT Philadelphia, PA 19103 SNYDER & VERBEKE CONSHOHOCKEN, PA 19428 214 SENATE AVENUE, SUITE 600 CAMP HILL, PENNSYLVANIA 17011 (717) 731-0988 (FAX) (717) 731-0987 SNYDER & ANDREWS Wexford, PA 15090 SNYDER & ASSOCIATES Plains, PA 18705 SNYDER & SHAFFER DOYLESTOWN, PA 18901 REPLY TO: CAMP HILL DONALD R. DORER PARALEGALS JOANNE E. KINZEL LISA S. KEYTON Refer to: 11-011271 June 16, 2011 Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Re: George W. Lesh and Phyllis Lesh and his wife and in her own right v. Maureen Mandagie Cumberland County: No. 2010-6521 Dear Chris, In follow up to my Entry of Appearance filed on behalf of Defendant, Maureen Mandagie, in the above matter on or about June 15, 2011, 1 enclose Defendant's Interrogatories Addressed to Plaintiffs and Defendant's Request for Production of Documents Addressed to Plaintiffs. Kindly provide responses to these discovery requests pursuant to the applicable Rules of Civil Procedure. Your attention to this matter is most appreciated. Gerel y urs, I o aid R. Dorer Employees of Nationwide Mutual Insurance Company© Not a Partnership DRD:Isk Enclosures 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES ADDRESSED TO PLAINTIFFS ADDRESSED TO: Plaintiffs, George W. Leah and Phyllis Leah c/o Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plaintiffs The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff(s) within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. 1. PERSONAL INFORMATION: PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH PLAINTIFF INVOLVED IN THIS ACTION: (A) FULL NAME AND ANY PRIOR NAMES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (B) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (C) DATE OF BIRTH. (D) SOCIAL SECURITY NUMBER. ?. CURRENT EMPLOYMENT: FOR EACH PLAINTIFF PLEASE STATE: (A) CURRENT PLACE OF EMPLOYMENT, POSITION AND LENGTH OF CURRENT EMPLOYMENT; AND (B) THE PLACE OF EMPLOYMENT AND POSITION AT THE TIME OF THE INCIDENT, IF DIFFERENT. 3. INJURIES: DESCRIBE SEPARATELY EACH INJURY EACH PLAINTIFF SUSTAINED IN THE INCIDENT AND THE APPROXIMATE DATE ON WHICH EACH PLAINTIFF RECOVERED FROM EACH SUCH INJURY. 4. HEALTHCARE PROVIDERS: IDENTIFY EACH HEALTH CARE PROVIDER WHO HAS EXAMINED, TREATED OR RENDERED SERVICES TO EACH PLAINTIFF BECAUSE OF THIS INCIDENT, INCLUDING THE DATES OF SUCH SERVICES AND THE CHARGES FOR SAME. 5. MEDICAL EXPENSES AND INSURANCE PAYMENTS: STATE THE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRED BY EACH PLAINTIFF THAT RELATES TO THIS INCIDENT, THE AMOUNT COMPENSATED BY FIRST PARTY BENEFITS, THE AMOUNT, IF ANY, SUBJECT TO A LIEN OF ANY SORT, THE IDENTITY (INCLUDING THE NAME, ADDRESS, AND POLICY NUMBER) OF ANY LIENHOLDER, AND THE AMOUNT CLAIMED TO BE RECOVERABLE AT TRIAL. 6. TERMINATION OF MEDICAL SERVICES: WHEN AND BY WHOM WAS EACH PLAINTIFF LAST EXAMINED OR GIVEN MEDICAL ATTENTION FOR THE INJURIES RECEIVED IN THIS INCIDENT? 7. CONTINUATION OF MEDICAL SERVICES: IF THE PLAINTIFF IS STILL BEING TREATED FOR THE INJURIES RECEIVED IN THIS INCIDENT, IDENTIFY BY WHOM AND STATE HOW FREQUENTLY SUCH TREATMENTS ARE BEING GIVEN NOW, THE NATURE OF THE TREATMENT BEING ADMINISTERED, AND THE EXTENT TO WHICH TREATMENT WILL BE REQUIRED IN THE FUTURE. 8. PRIOR CONDITIONS: EXPLAIN ALL PRIOR HEALTH PROBLEMS OR INJURIES AND IDENTIFY THE HEALTH CARE PROVIDERS WHO TREATED EACH PLAINTIFF FOR THOSE INJURIES IN THE LAST SIX (6) YEARS. 9. FAMILY PHYSICIAN: PLEASE STATE THE NAME AND ADDRESS OF YOUR FAMILY PHYSICIAN FOR THE LAST FIVE (S) YEARS. 10. PRIOR OR SUBSEQUENT ACCIDENTS: IF BEFORE OR AFTER THE INCIDENT WHICH IS THE SUBJECT OF THIS LAWSUIT, ANY PLAINTIFF WAS INVOLVED IN ANY OTHER INCIDENT INVOLVING INJURIES TO ANY PART OF THE BODY, PLEASE STATE THE TYPE OF INCIDENT INVOLVED AND THE HEALTH CARE PROVIDERS WHO RENDERED TREATMENT FOR THOSE INJURIES. 11. DISABILITY: DOES ANY PLAINTIFF CONTEND THAT HE OR SHE HAS BEEN PERMANENTLY INJURED AS A RESULT OF THIS INCIDENT? IF SO, PLEASE DESCRIBE THE EXACT NATURE OF THE ALLEGED INJURY AND THE IDENTITY OF ANY HEALTH CARE PROVIDER WHO HAS INFORMED ANY PLAINTIFF THAT THE INJURY IS PERMANENT. 12. LOSS OF EARNINGS: IS ANY PLAINTIFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIRMENT OF EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF SO, THEN PLEASE PROVIDE THE FOLLOWING INFORMATION OF EACH: (A) EACH EMPLOYER, JOB TITLE AND DESCRIPTION OF DUTIES AS WELL AS MONTHLY OR WEEKLY RATE OF PAY AT THE TIME OF THIS INCIDENT; (B) THE INCLUSIVE DATES DURING WHICH ANY PLAINTIFF ALLEGES HE OR SHE WAS UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF EARNINGS AND PLAINTIFF LOST BECAUSE OF THIS ABSENCE; (C) THE SOURCE AND AMOUNT OF ANY WAGES OR SALARY RECEIVED SINCE THIS INCIDENT; AND (D) THE DATE ON WHICH ANY PLAINTIFF FIRST RETURNED TO WORK FOLLOWING THE INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINTIFF HAS WORKED SINCE THE INCIDENT WITH INCLUSIVE DATES OF EtiIPLOYMENT, EACH JOB TITLE ANY PLAINTIFF HAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WHICH ANY PLAINTIFF HAS RECEIVED FROM THE DATE OF STARTING WORK AGAIN AFTER THIS INCIDENT UNTIL THE PRESENT TIME. 13. IMPAIRED EARNING CAPACITY: IS ANY PLAINTIFF MAKING A CLAIM FOR IMPAIRED EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF YES, PLEASE STATE THE ACTUAL VALUE OF ANY PLAINTIFFS IMPAIRED EARNING CAPACITY, SETTING OUT THE MANNER IN WHICH SAID VALUE WAS CALCULATED, AND BY WHOM. 14. STATEMENTS: HAS ANY PLAINTIFF OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF OBTAINED ANY STATEMENTS, REPORTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON RELATING TO THIS INCIDENT. IF SO, PLEASE IDENTIFY FROM WHOM THE STATEMENT WAS TAKEN, THE DATE OF THE STATEMENT AND PROVIDE A COPY IN ANSWER TO THIS INTERROGATORY. 15. WITNESSES: IDENTIFY ANY WITNESS WHO HAS ANY KNOWLEDGE OF OR INFORMATION AS TO THE FACTS PERTAINING TO THIS INCIDENT. ALSO PROVIDE A SUMMARY OF THE INFORMATION WHICH EACH WITNESS HAS CONCERNING THIS INCIDENT. 16. EXPERT WITNESSES: IDENTIFY ALL EXPERTS WHO ANY PLAINTIFF EXPECTS TO CALL AT THE TRIAL OF THIS CASE, AND PURSUANT TO PA R.C.P. 4003.5(A)(1)(B), STATE THE SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH ANY PLAINTIFFS EXPERT WILL TESTIFY AND THE SUMMARY OF THE GROUNDS FOR EACH OPINION. THE FACTS, OPINIONS AND GROUNDS OF THE EXPERT MAY BE CONTAINED IN AN EXPERT REPORT WHICH MAY BE ATTACHED. SUCH REPORT OR ANSWER TO THIS INTERROGATORY SHOULD BE SIGNED BY ANY PLAINTIFFS EXPERT. 17. PHOTOGRAPHS, DOCUMENTS AND THINGS: IF ANY PLAINTIFF, OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF, HAS OR KNOWS OF ANY PHOTOGRAPHS, DIAGRAMS, MEASUREMENTS, SURVEYS OR OTHER DESCRIPTIONS REGARDING OR RELATING IN ANY WAY TO THIS INCIDENT, PLEASE IDENTIFY THOSE ITEMS. IN LIEU OF ANSWERING THE FOREGOING INTERROGATORY, COPIES OF ANY SUCH ITEMS MAY BE PROVIDED AS ATTACHMENT TO THESE ANSWERS. 18. RELATED LAWSUITS: PLEASE IDENTIFY BY CAPTION, DOCKET NUMBER AND COURT ANY OTHER LAWSUITS ARISING FROM THIS INCIDENT OR RELATING TO THE INJURIES CLAIMED BY THE PLAINTIFF IN THIS SUIT, OR IN WHICH ANY PLAINTIFF HAS BEEN INVOLVED. 19. PLEASE IDENTIFY ANY OTHER CLAIMS FILED OR DEMANDS MADE BY ANY PLAINTIFF AGAINST ANYONE OTHER THAN DEFENDANTS IN THIS ACTION FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELATED TO THIS INCIDENT. 20. PRIOR CONVICTIONS: HAVE YOU BEEN CONVICTED OR PLED GUILTY TO ANY CRIME WITHIN THE PAST TEN (10) YEARS. IF SO, PLEASE STATE FOR EACH CONVICTION OR PLEA, THE OFFENSE CHARGED, THE COURT CAPTION AND DOCKET, AND THE DISPOSITION AND SENTENCE. 21. LIENS: WOULD ANY SETTLEiv1ENT OR VERDICT SECURED BY YOU IN THIS MATTER BE SUBJECT TO ANY FEDERAL LIEN, STATE LIEN, FELA LIEN, WORKNIEN'S COMPENSATION LIEN, OR ANY SIMILAR OR OTHER LIEN? IF SO, IDENTIFY THE HOLDER OF THE LIEN, THE AMOUNT OF THE LIEN, THE COSTS OF EXPENSES COVERED BY THE LIEN, AND THE CIRCUMSTANCE UNDER WHICH YOU ARE OR MIGHT BE OBLIGATED TO SATISFY THE LIEN. 22. VEHICLE INFORMATION: WITH RESPECT TO ANY POLICY OF MOTOR VEHICLE INSURANCE OF WHICH YOU WERE EITHER A NAMED INSURED OR INSURED AS OF THE DATE OF THE ACCIDENT REFERRED TO IN THE PLAINTIFFS' COMPLAINT, STATE: (A) THE NAME AND ADDRESS OF THE INSURANCE COMPANY ISSUING THE POLICY; (B) THE POLICY NUMBER: (C) EFFECTIVE DATES OF THE POLICY PERIOD; (D) YOUR TORT SELECTION PURSUANT TO 75 PA.C.S.A. §1705; (E) WHETHER YOU WERE A NAMED INSURED OR INSURED UNDER THE POLICY; FOR EACH REGISTERED VEHICLE THAT YOU OWNED AT THE TIME OF THE ACCIDENT, STATE: (A) THE YEAR, MAKE AND LICENSE PLATE NUMBER(S) OF ALL SUCH VEHICLES; (B) WHETHER SUCH VEHICLE(S) WERE INSURED; AND (C) THE NAME, ADDRESS AND POLICY NUMBER OF THE COMPANY INSURING ALL SUCH VEHICLE(S). Respectfully submitted, LAW FFICE OF SNY & DORER Date: June 16, 2011 By: Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS VS. MAUREEN MANDAGIE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Interrogatories Addressed to Plaintiffs to be served by regular first class mail upon: Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plai ti Date: June 16, 2011 Donald R. Dorer, Esquire Attorney for Defendant 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS vs. MAUREEN MANDAGIE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFFS ADDRESSED TO: Plaintiffs, George W. Lesh and Phyllis Lesh c/o Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plaintiffs You are directed to produce the following documents pertaining to the incident, occurrence, or accident described in Plaintiffs' Complaint for inspection and copying at the Law Office of Snyder & Dorer, 214 Senate Avenue, Suite 600, Camp Hill, PA, 17011, pursuant to Pennsylvania Rule of Civil Procedure 4009: 1. The entire contents of any and all claims and investigation files prepared in this matter, however labeled, excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense, or respecting strategies or tactics in privileged communications from counsel. 2. All statements, memoranda, or writings, whether signed or unsigned, of any and all witnesses, including any and all statements, memoranda, and writings of Plaintiff. 3. All photographs, recordings, films, charts, sketches, graphs and diagrams taken and/or prepared. 4. Reports of, or from, any and all experts who will testify at trial, or whom you expect will testify at trial. 5. All statements concerning this action or its subject matter previously made by any parry or witness pursuant to Pa. R.C.P. 4003.4. 6. All bills, receipts, reports, diagnosis (including x-ray and like diagnostic reports) or prognosis and records of any and all medical, physical, psychiatric and/or psychological treatment by any doctor, hospital, psychologist, and psychiatrist, pharmacy or medical facility for any injury, treatment or damage received by Plaintiff for any of the alleged incidents referred to in Plaintiff's Complaint. 7. All bills of any kind incurred by Plaintiff as a result of the alleged incident, occurrence, or accident. 8. All medical records, employer statements, IRS W-2 Forms, and Income Tax Returns (for the preceding five (5) years), lost wages and/or employment records and all other writings, including expert reports, establishing any claim Plaintiff may assert for lost earnings and lost earning capacity and for any other financial losses. 9. All documents, exhibits, or other tangible physical objects, and/or reports, of Respectfully submitted, any kind whatsoever that will be presented or introduced into evidence at time of trial. RER Date: June 16, 2011 By: Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS vs. MAUREEN MANDAGIE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Request for Production of Documents Addressed to Plaintiffs to be served by regular first class mail upon: Date: June 16, 2011 Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, PA 17106 Attorney for Plaintiff DWd R. Dorer, Esquire Attorney for Defendant 1 r ?X?I??IT '. J RE: Davis v Ardison /Grace 11-007685 Lesh v Mandagie / 11-011271 0 ?J Donald R Dorer to: Marzzacco, Christopher 07/15/2011 04:33 PM fa.. Cc: "Zougmore, Jennipher" Bcc: Marion Phillips, Andres M Susi 1. Your proposal as to Lesh is acceptable 2. As to Davis, can you forward available records pending receipt of the completed and verified Interrogatory answers? Additionally, please forward prospective available deposition dates to get this moving. Please note that we have filed a motion to compel of record but have not sought a Business Court date as yet. Donald R Dorer Managing Attorney Trial Division (Harrisburg, PA) Snyder and Dorer 214 Senate Avenue-Suite 600 Camp Hill, PA 17011 (Work) (717)731-0988 (Fax) (717)731-0987 "Marzzacco, Christopher" Thanks, Don. From: "Marzzacco, Christopher" <cmarzzacco@anapolschwartz.com> To: <DORERD@nationwide.com> Cc: "Zougmore, Jennipher" <jougmore@anapolschwartz.com> Date: 07/15/201109:15 AM Subject: RE: Davis v Ardison/Grace 11-007685 Lesh v Mandagie/ 11-011271 07/15/2011 09:15:07 AM Thanks, Don. I filed the Lesh complaint today. I will need 30 days to get discovery back to you. Davis: having trouble hooking up w/ client to get her interrogatory answers. Could maybe use 20 more days. I am trying to get on her. If this is ok, please let me know. Chris From: DORERD@nationwide.com [mailto:DORERD@nationwide.com] Sent: Thursday, July 14, 20116:27 PM To: Marzzacco, Christopher Cc: Zougmore, Jennipher; KEYTONL@nationwide.com; BINNERT@nationwide.com Subject: RE: Davis v Ardison/Grace 11-007685 Lesh v Mandagie/ 11-011271 jp w 44 11-011271 LAIN OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS vs. MAUREEN MANDAGIE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Motion of Defendant, Maureen Mandagie to Compel Plaintiffs' Discovery to be served by regular first class mail upon: Christopher J. Marzzacco, Esquire Colgan Marzzacco, LLC P.O. Box 60157 Harrisburg, P. Attorney for Date: September 7. 2011 Donald R. Dorer, Esquire Attorney for Defendant 11-011271 GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS rri ri .r ._r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of S e- ?Gwlbfrr 2011, upon consideration of the Motion of Defendant, Maureen Mandagie, to Compel Plaintiffs' Discovery, a RULE is hereby issued upon the Plaintiffs to show cause why the Motion of Defendant, Maureen Mandagie, to Compel Plaintiffs' Discovery should not be granted. RULE RETURNABLE within 20 , days after service. P.borm.&q. Nris-6pher J . Wt zzA,wo, ? 00 BY THE COURT: -,IA Distribution List Christopher J. Marzzacco, Esquire Anapol Schwartz 252 Boas Street Harrisburg, PA 17102 Attorney for Plaintiffs J Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 Attorney for Defendant 4". 1 Vu6d 11,41 P 11-011271 4 Tl i' OCT 27 AM 11: ,UMBEkLAND 1r 'EN!P4SY! GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 vs. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. ANAPOL SCHWARTZ Date: f? (? I - 1{ Christopher J. Marzzacco, Esquire 252 Boas Street Harrisburg, PA 17102 Telephone No. (717) 901-3500 Attorney for Plaintiffs Court I.D. No. 78262 11-011271 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Maureen Mandagie GEORGE W. LESH AND PHYLLIS LESH AS HIS WIFE AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 6521 VS. MAUREEN MANDAGIE, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecige to Settle. Discontinue and End to be served by regular first class mail upon: Christopher J. Marzzacco, Esquire Anapol Schwartz 252 Boas Street Harrisburg, PA 17102 Attorney for Plaintiff Date: October 26, 2011 " " Do d R. Dorer, Esquire Attorney for Defendant