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HomeMy WebLinkAbout10-7425 MARY M. LYNN 267 Redwood Lane Carlisle, PA 17015 versus IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~ U .. (`t ~ J Civil Action - (x) Law ( )Equity James D. Schaffer, Jr, and ~ -a3 o 0 `` --~ Nancy Schaffer, husband and ~ r ~4 5812 Marsh Road ~~ , ~ i -vim Waynesboro, PA 17268 ~~ N ~~? z ---~~ " Tara L. Mattern ~a ~ ? 800 Wertzville Road ;~ c ~ ~ ~rn Enola, PA 17025 - -~ .~- :x -t; cs~ ~, -~; Nicholaus E. Kettoman c/o State Correctional Institution Coal Township 1 Kelley Drive Coal Township, PA 17866 Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Defendants} & Address(es) '~Q a'~ a~~ ~q~ tw ~ asp g~'1 X Writ of Summons shall be issued and forwarded to () Attorney ~ Sheriff along with attached Interrogatories. See attached Instructions for Service. Bradford Dorrance 210 Walnut Street ignature of Attorney P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Supreme Court ID No. 32147 Names/Address/Telephone No. of Attorney Date: / ~'3a ~ l b WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Pr onotary Date: I a.- `al. /U By Deputy ( ) Check here if reverse is issued for additional information IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action - (x) Law ( )Equity MARY M. LYNN James D. Schaffer, Jr. and 267 Redwood Lane Nancy Schaffer, husband and wife Carlisle, PA 17015 5812 Marsh Road Waynesboro, PA 17268 versus Tara L. Mattern 800 Wertzville Road Enola, PA 17025 Nicholaus E. Kettoman c/o State Correctional Institution Coal Township 1 Kelley Drive Coal Township, PA 17866 Plaintiff(s) & Defendant(s) & Address(es) Address(es) INSTRUCTIONS FOR SERVICE Plaintiff requests that the Cumberland County Sheriff deputize the Franklin County Sheriff for the purpose of serving the attached writ of summons and interrogatories on defendants, James D. Schaffer, Jr. and Nancy Schaffer, husband and wife, residing at 5812 Marsh Road, Waynesboro, PA 17268. Plaintiff further directs the Cumberland County Sheriff to serve Tara L. Mattern at her residence located at 800 Wertzville Road, Enola, PA 17025. Plaintiff further directs that the Cumberland County Sheriff deputize the Northumberland County Sheriff for the purpose of serving defendant, Nicholaus E. Kettoman, at the State Correctional Institution -Coal Township at 1 Kelley Drive, Coal Township, PA 17866. If possible, plaintiff requests that all service be attempted on or before December 8, 2010. Date: ~ ~ ~ 3 ~ ~ ~ b adford Dorrance I.D. No. 32147 KEEPER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) MARY M. LYNN, ~T . Plaintiff JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, . husband and wife; . TARA L. MATTERN; and NICHOLAUS E. KETTOMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f) N ~r ~ ~~ ~ ~~ ~~ Z'~ M ~ ~` ~ r ~~', ~ ~ ~~' r ~ ---~o ~ a ~~ ca D `:~ ~ ~ ~ v No.1U-~0~~ PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS T0: Defendants, James D. Schaffer, Jr. and Nancy Schaffer; Tara L. Mattern; and Nicholaus E. Kettoman PRELIMINARY STATEMENT OF CAUSES OF ACTION Pursuant to Pa. R.C.P. Nos. 4003.8, 4005(a), and related provisions, these interrogatories seek material and necessary information which will be used in preparing a complaint against the named defendants (and any other subsequently identified, responsible individuals or entities). Upon completion of pre-complaint discovery, plaintiff may allege various causes of action including intentional torts, negligence, and negligent entrustment claims against the named defendants and other currently unknown parties. PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R.C.P. Nos. 4005, 4006, and related provisions, to serve upon the undersigned your answers and objections, if any, in writing and under oath to the following interrogatories within 30 days after service upon you or your counsel. INTERROGATORIES 1. In December 2008, were you the owner or permitted driver of the blue/gray Ford F-150 Truck, regular cab, long bed, with a gray stripe down the side (the "Truck"), as depicted in the attached Exhibit "A"? ANSWER: 2. Identify any individual (the "Owner") who gave Nicholaus E. Kettoman and/or Tara L. Mattern permission to drive the Truck in December 2008? ANSWER: 2 3. If the answer to preceding interrogatory identifies an Owner, please provide the following: the make, model, and VIN of the Truck; the name of the permitted driver(s); the period of permitted use of the Truck; and any restrictions on its use. ANSWER: 4. In December 2008, were you aware of any criminal record of Nicholaus E. Kettoman and/or Tara L. Mattern or were you aware of either individual's driving record or history of motor vehicle code violations including any suspended driver's license? ANSWER: 3 5. If your answer to the preceding interrogatory is in the affirmative, please state the nature and extent of your knowledge concerning Ms. Mattern's and Mr. Kettoman's criminal records (if any), driving records, and history of motor vehicle violations. ANSWER: 6. Were you aware of any accident involving the Truck in December of 2008? ANSWER: 7. If your answer to the preceding interrogatory is in the affirmative, please state the nature and extent of your knowledge of any such accident including the individuals and vehicles involved in such accidents, the date of such accident; when and 4 how you became aware of the accident; and any damage to the Truck and any other vehicle(s). ANSWER: Date : ~ ~, ~ ~~ lLC~ Bradford Dorrance I.D. No. 32147 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) 5 :.. --_. ~~ -- _1 --- w __ -~-~__ n _ - ~, p _ ae~ c£,1 .e+.,-~wYy 'yam'' Exhibit "A" LAW OFFICES OF HUSSSH14AN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer 51898 MARY M. LYNN Plaintiff VS. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants FILED-OFFICE OF THE PROTHONOTARY 2011 .'15 ClJ ? 1 .`? 'QTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, James D. Schaffer, Jr. and Nancy Schaffer, in the above-captioned matter. HUBSHMAN, CAREY & FLOOD By: 1..? Ja es M. Flood, Esquire Attorney for Defendants, James & Nancy Schaffer LAW OFFICES OF HUSSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer S1898 MARY M. LYNN Plaintiff . vs. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants FILED-OFFICE OF THE PROTHONOTARY' 2011 - 15 CU TY _,A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 TO THE PROTHONOTARY: Defendants, James D. Schaffer, Jr. and Nancy Schaffer, hereby demand trial by twelve (12) jurors. HUBSHMAN, CAREY & FLOOD By: James M. Flood, Esquire Attorney for Defendants, James & Nancy Schaffer LAW OFFICES OF HUBSHMM. CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer MARY M. LYNN Plaintiff VS. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants ,FILED-OFFICE OF THE FROTI?ONOTARY iy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 I, JAMES M. FLOOD, ESQUIRE, do hereby certify that Defendants, James and Nancy Schaffer's, Interrogatories Addressed to Plaintiff and First Request for Production of Documents Addressed to Plaintiff were served upon all parties this date via United States first class mail at the following addresses: Attorney for P/aintiff Co-Defendant Co-Defendant Bradford Dorrance, Esquire Tara L. Mattern Nicholaus E. Kettoman - #FH8385 210 Walnut Street 800 Wertzville Road c/o State Correctional Institution PO Box 11963 Enola, PA 1702 1 Kelley Drive Harrisburg, PA 17108-1963 Coal Township, PA 17866 HUBSHMAN, CAREY & FLOOD Date: ' /,///f 7 By: JAME M. FLOOD, ESQUIRE Attorney for Defendants, James & Nancy Schaffer LAW OFFICES OF HUSSHMM. CAREY A FLOOD By: JAMES M. FLOOD Attorney I.D. #70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer MARY M. LYNN Plaintiff VS. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants FILED-OFFICE OF THE PROTHONOTARY 2011 °TY C0? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 I, JAMES M. FLOOD, ESQUIRE, do hereby certify that Defendants, James and Nancy Schaffer's, Answers to Plaintiff's Interrogatories were served upon all parties this date via United States first class mail at the following addresses: Attorney for Plaintiff Co Defendant Co-D?efendant Bradford Dorrance, Esquire Tara L. Mattern Nicholaus E. Kettoman - #FH8385 210 Walnut Street 800 Wertzville Road c/o State Correctional Institution PO Box 11963 Enola, PA 1702 1 Kelley Drive Harrisburg, PA 17108-1963 Coal Township, PA 17866 HUBSHMAN, CAREY & FLOOD Date: l fi// 1 Y JAM S M. FLOOD, ESQUIRE Attorney for Defendants, James & Nancy Schaffer LAW OFFICES OF HURSHMAN, GREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer MARY M. LYNN Plaintiff VS. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants FILED-OFFICE OF THE PPOTNONOTARY 2011 _°. '. 17 TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that a true and correct copy of a Praecipe for Entry of Appearance, Demand for Jury Trial and Praecipe to File Complaint were served upon all parties this date via United States first class mail at the following address: Attorney for Plaintiff Co ?fendant Co Orefendant Bradford Dorrance, Esquire Tara L. Mattern Nicholaus E. Kettoman - #FH8385 210 Walnut Street 800 Wertzville Road c/o State Correctional Institution PO Box 11963 Enola, PA 1702 1 Kelley Drive Harrisburg, PA 17108-1963 Coal Township, PA 17866 HUBSHMAN, CAREY & FLOOD Date: Z(A By: JAMES A. FLOOD, ESQUIRE Attorney for Defendants, James & Nancy Schaffer LAW OFFICES OF HUBSHMMN CAREY I FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer 51898 MARY M. LYNN Plaintiff vs. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants FILED-OFFICE OF THE FROTHONOTAR'Y 2011 I6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment Non Pros. HUBSHMAN, CAREY & FLOOD l 11 ?? Date. By• JAM M. FLOOD, ESQUIRE Attorney for Defendants RULE TO FILE COMPLAINT AND NOW, , (J . I, X11 a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the Entry of Judgment of Non Pros. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 01001, 01 k?111r40jyl'?44 ?Q ! JAN 14 AM 8: 17 "U E L-,,.a 1-1-1 .` r CIA Richard W Stewart Solicitor Mary M. Lynn vs. James D. Schaffer, Jr. (et al.) Case Number 2010-7425 SHERIFF'S RETURN OF SERVICE 12/07/2010 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: James D. Schaffer, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Writ of Summons according to law. 12/07/2010 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: Nancy Schaffer, 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 according to law. 12/07/2010 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: Nicholaus E. Kettoman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Northumberland County, Pennsylvania to serve the within Writ of Summons according to law. 12/13/2010 09:47 AM - Franklin County Return: And now December 13, 2010 at 0947 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: Nancy Schafffer by making known unto herself .i personally, at 5812 Marsh Road, Waynesboro, Pennnsylvania 17268 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/13/2010 09:47 AM - Franklin County Return: And now December 13, 2010 at 0947 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: James D. Schaffer Jr. by making known unto himself personally, at 5812 Marsh Road, Waynesboro, Pennnsylvania 17268 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/28/2010 10:20 AM - Northumberland County Return: And now December 28, 2010 at 1020 hours I, Chad A. Reiner, Sheriff of Northumberland 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: Nicholaus E. Kettoman by making known unto himself personally, at SCI Coal Township, One Kelley Drive, Coal Township, Pennsylvania 17866 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/28/2010 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: Tara Lynn Mattern, but was unable to locate her in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Tara Lynn Mattern. Request for service at 800 Wertzville Road, Enola, Pennsylvania 17025 the defendant was not found. Deputies were advised, Tara Lynn Mattern has not resided at 800 Wertzville Road, Enola, Pennsylvania 17025 in some time. However, The Enola Postmaster is delivering Tara Lynn Mattern's mail to 800 Wertzville Road, Enola, Pennsylvania 17025. SHERIFF COST: $112.94 January 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 1] Ccuit?, S.?ite S?er;rr Tee^S't. i...,. SHERIFF'S RETURN - REGULAR CASE NO: 2010-00299 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARY M LYNN VS JAMES D JR AND NANCY SCHAFFER ANGEL L LAVIENA , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT TO QUIET TITLE was served upon SCHAFFER JAMES D the DEFENDANT , at 0947:00 Hour, on the 13th day of December-, 2010 at 5812 MARSH ROAD WAYNESBORO, PA 17268 TTMLIC+ n CVTP.PVV by handing to a true and attested copy of COMPLAINT TO QUIET TITLE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 ANGEL L V N .00 .00 By .00 D djmy e r i f f .00 01/06/2011 KEEFER WOOD ALLEN AND RAHAL LL Sworn and Subscribed to before me this day of Q/ 0(1 A.D. Q GVf_ A Notary ,. COMMONW =Chambersbur EA OF PENNSYLVANIA SEAL RTY, Notary Public ro., Franklin County xpires Jan. 29, 2011 SHERIFF'S RETURN - REGULAR CASE NO: 2010-00299 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARY M LYNN VS JAMES D JR AND NANCY SCHAFFER ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS/PLAINTIFF was served upon SCHAFFER NANCY the DEFENDANT at 0947:00 Hour, on the 13th day of December-, 2010 at 5812 MARSH ROAD WAYNESBORO, PA 17268 ATTTTrv COT721T;'WWD by handing to a true and attested copy of WRIT OF SUMMONS/PLAINTIFF together with RST SET OF INTERROGATORIES and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 ANGE L .00 .00 B .00 41eppu&tySheriff .00 01/06/2011 KEEFER WOOD RAHAL ALLEN AND RA Sworn and Subscribed to before me this day of c210// A.D. I Notary COMMONW=Chambersburg AA OF PENNSYLVANIA KTY, Notary Public ro., Franklin County xpires Jan. 24, 2011 SHERIFF'S OFFICE OF NORTHUMBERLAND COUNTY Chad A Reiner Tony Matulewicz, Esq Sheriff '' Solicitor . Randy Coe .' Chief Deputy gYA MARY M LYNN vs. JAMES D SCHAFFER, JR (et al.) Case Number 10 CV 07425 SHERIFF'S RETURN OF SERVICE 12/28/2010 10:20 AM - DEPUTY NICOLE BAKER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED PRAECIPE AND WRIT OF SUMMONS (WOSM) / PLAINTIFF'S FIRST SET OF INTERROGATORIES BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: NICHOLAUS E KETTOMAN INMATE# AT SCI-COAL TOWNSHIP, ONE KELLEY DRIVE, COAL TOWNSHIP, PA 17866. SHERIFF COST: $71.20 SO ANSWERS, December 30, 2010 CHAD A REINER, SHERIFF Sworn to and subscribed before me'this 30 day-of brC A.D. 2010 ROTHONOTARY My Comm, Exp. 1st Mon. Jan. 2014 LAW OFFICES OF HUBSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer S1898 MARY M. LYNN Plaintiff n ." -OFF 2011 Fun PVj 1.0 CUPI6E.RL 010 CoUtil Y PENKSYI.vpNl A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW JURY TRIAL DEMANDED JAMES D. SCHAFFER, JR. and NANCY . SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants NO. 10-7425 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that Defendants' Answers to Plaintiff's Second Set of Interrogatories were served upon all parties this date via United States first class mail at the following address: Attorney for Plaintiff Co Defendant Co-Defendant Bradford Dorrance, Esquire Tara L. Mattern Nicholaus E. Kettoman - #FH8385 210 Walnut Street 800 Wertzville Road c/o State Correctional Institution PO Box 11963 Enola, PA 1702 1 Kelley Drive Harrisburg, PA 17108-1963 Coal Township, PA 17866 HUBSHMAN, CAREY & FLOOD Date: 212 By: DAME M. FLOOD, ESQUIRE Attorney for Defendants, James & Nancy Schaffer LAW OFFICES OF HUSSHMAN, CARAY? & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nanc{ Schaffer MARY M. LYNN VS. intiff G° ?'??.?"oar iLk- FFi 0 IoHOTAR4 TH, X911 MAR -9 Pr, 2: 08 , PENN YLVAN N TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN De endants I, JAMES M. FLOOD, was served upon all parties address: Aftorney for Plaintiff Bradford Dorrance, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 Date: NO. 10-7425 do hereby certify that a Notice of Oral Deposition s date via United States first class mail at the following Co-Defendant Co-Defendant Tara L. Mattern Nicholaus E. Kettoman - #FH8385 800 Wertzville Road c/o State Correctional Institution Enola, PA 1702 1 Kelley Drive Coal Township, PA 17866 HUBSHMAN, CAREY & FLOOD BY: ?("'/ JAMES M. FLOOD, ESQUIRE Attorney for Defendants, James & Nancy Schaffer By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants, James & Nancy Schaffer MARY M. LYNN Plaintiff VS. JAMES D. SCHAFFER, JR. and NANCY SCHAFFER, husband and wife; TARA L. MATTERN; and, NICHOLAUS E. KETTOMAN Defendants OF THE PROTHONGTA 2011 MAY 26 AM 10: 4 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-7425 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that an Amended Notice of Oral Deposition was served upon all parties this date via United States first class mail at the following address: Attorney for Plaintiff Bradford Dorrance, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 Date: J HUBSHMAN & FLOOD JAMES M. FLOOD, ESQUIRE Attorney for Defendants, James & Nancy Schaffer .i _. . LAW OFFICES OF HUBSHMAN & FLOOD BY: JAMES M FLOOD, ESQUIRE j flood 1 @progressive.com Attorney Identification No. 70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505-3690 570-961-7580 HC FILE 015D2-S1898 MARY M. LYNN tiff: THE PROTHCNOTAR', 2011 JUL IS AM 10: 59 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendants, James D Schaffer, Jr. and Nancy Schaffer COURT OF COMMON PLEAS CUMBERLAND COUNTY V. JAMES D SCHAFFER, JR., NANCY SCHAFFER, I-ARA MATTERN and NICHOLAS KETTOMAN NO. 10-7425 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. LA F ICES OF HU AN & FLOOD B, S M FL OD, QUIRE -- Attorney for Def ants, James D Schaf er, Jr. and Nancy Schaffer DATE: July 13 2011 File No. 0151)2-51898 LAW OFFICES OF HUBSHMAN & FLOOD BY: JAMES M FLOOD, ESQUIRE jflood l @progressive.com Attorney Identification No. 70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505-3690 570-961-7580 HC FILE 015132-S 1898 MARY M. LYNN V. JAMES D SCHAFFER, JR., NANCY SCHAFFER, TARA MATTERN and NICHOLAS KETTOMAN Attorney for Defendants, James D Schaffer, Jr. and Nancy Schaffer COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7425 r 11,4 1 i,iv I I U NERVE SUBPOENA TO PRODUCE DOCUAl THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MARY M. LYNN: PMA Management Group Insurance Records TO: Bradford Dorrance, Esquire James M Flood, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Rhonda J. Ferrance. Date of Issue: June 15, 2011 James M Flood, Esquire, Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND i,?NN Court of Common Pleas ', ?Vll ? `?_'?;t I [At-, -.' R, JR_._et al No. 10-742 f )YlClltdG(RI ?? - -'-' Subpoena to Produce Documcnts or Things for Discovery Pursuant to Rule 4009.22 l { ): ('MFG Man d anent t roue (T?`pnte of I'?rson or h:ndrttil """""°-°-° ?,<Llrir? tvvcidt ("20) days after the service of this subpoena, you are ordered by the Court to produce the following; of thims: Copies of any testimony notes ertainin to Claim #W8807-38013 em to Yer is Count ""''tr ?+tai'fcatcf hAvenue 4_uite 500 Scranton PA 18505-3690 `, rstr na,z? dej«Er or mail legible copies of the documents or, produce things requested bv, this subpoena together evrtil ?.?^rtitrcai of compli2ncc to the party making this request at the address Fisted above. > ou t??zt? t.(?e ra ??t to seek ?? adt ancc tlre reasonable; cost of preparing the copies or producing the things sought. Jf you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the; h:r0 v ser vfn1?-' th is subpoena may seek a court order compelling you to comply with it. ?, his subpoena was issued at the request of the following person: Name: Jaynes f5v1 Floo a _ _d f;sctu.re ilddres : pQ Jizrfl0rE3.14c trueSuite 500 Scranton 1' 1505-369t1 'T'elephone. 570-961-75$0 Supreme Court ID#: 70257 Attorncv for: I cfett(fants 13Y 'rJ1E ("01,"R T: llaviti [). Buell, Prothonotary PIZO ? i t ; ?` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA,,,,,,,,,,,, CIVIL DIVISION 3:1, Discover Bank, Through Its Servicing Agent, r'-=+xi CJU, DB Servicing Corporation Plaintiff vs. Civil Action No. 11-7425 CIVIL TERM JODY RHODY TIMOTHY RHODY PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendants JODY RHODY , TIMOTHY RHODY above named, in the default of an Answer, in the amount of $5304.77 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa from July 31, 2011 to November 09, @ the interest rate of 18.9900 Attorney's fees TOTAL $5893.28 $978.00 1 balance 2011 per annum $264.49 $125.00 $5304.77 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. BY : \ ?? James C. a rodt;42524 09329171/ C1 A Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg A 15219 And that the last known address of the e ndants are JODY RHODY 80 ALTERS RD CARLISLE, PA 17015 Q%14.00 pa a' J Ck.? a (? t s? 8 3 V? 1n ? re VVtOw TIMOTHY RHODY 80 ALTERS RD CARLISLE, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JODY RHODY TIMOTHY RHODY Defendant Case No. 11-7425 CIVIL TERM IMPORTANT NOTICE TO: TIMOTHY RHODY 80 ALTERS RD CARLISLE, PA 17015 Date of Notice: .1 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A By: / _. Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO,, L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9329171 A PIT H4td IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 11-7425 CIVIL TERM VS. JODY RHODY TIMOTHY RHODY Defendant IMPORTANT NOTICE TO: JODY RHODY 80 ALTERS RD CARLISLE, PA 17015 11 Date of Notice: ' t YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 248-3166 WELTMAN, WEINBERG & REIS CO., L.P,A. -By: .?" Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9329171 A PIT H4N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No. 11-7425 CIVIL TERM NON-MILITARY AFFIDAVIT JODY RHODY TIMOTHY RHODY The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendants , JODY RHODY , TIMOTHY RHODY , are not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: JODY RHODY 80 ALTERS RD CARLISLE, PA 17015 TIMOTHY RHODY 80 ALTERS RD CARLISLE, PA 17015 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-11-2011 04:42:48 -< Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Name Based on the information you have furnished, the DMDC does not possess RHODY JODY any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). A&Y 14. &?C? 4*4 - , Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA;) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http:/h,,-ww.defensel.in.k.m.il/fag/pis/PC09SI..;D.R.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https-://www.dmdc.osd.mil/appj/scra/popreport.do 11/11/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:DFBTILVPVF https://www.dmdc.osd.mil/appj/'scra/popreport.do 11/11/2011 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act low Page 1 of 2 Nov-11-2011 04:42:56 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Name Based on the information you have furnished, the DMDC does not possess RHODY TIMOTHY any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 44ut 14. 4A4 A?? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http• /tiNtivw defense]ink.m.iI/fag/pis/PC09SI..,DR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/11/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:NA51 QN42TJ https://www.dmde.osd.mil/appj,lscra/popreport.do 11/11/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No. 11-7425 CIVIL TERM JODY RHODY TIMOTHY RHODY NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following order of Judgment was entered against you on ? 113111 (xx) Assumpsit Judgment in the amount of $5304.77 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Prothonotary By: JODY RHODY 80 ALTERS RD CARLISLE, PA 17015 TIMOTHY RHODY 80 ALTERS RD CARLISLE, PA 17015 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955