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Home My WebLink About01-3059 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOUTHIAN, CARLA DONOVAN 19 Kim Acres Drive Mechanicsburg, PA 17055 and Plaintiff Defendant NO. OI-3OS CIVIL ACTION- LAW KOREY MITCHELL LIGHTNER 19 Kim Acres Drive Mechanicsburg, PA 17055 Defendant WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Kindly issue a Summons in Civil Action in the above captioned case against the above named Defendants. The Writ of Summons shall be served upon the Defendants. Dated: 'Snawn 19. McLanghlin, Esquire Sup. Crt. I.D. No. 62737 145 East Market Street York, PA 17401 Telephone No. 717-843-8046 Attorney for Plaintiff SUMMONS IN CIVIL ACTION TO: CARLA DONOVAN and KOREY MITCHELL LIGHTNER: You are hereby notified that the above captioned Plaintiff as commenced a civil action against you. SEAL OF THE COURT PROTHONOTARY DEPUTY PROTHONOTfARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants CiVIL ACTION - LAW ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Carla Donovan and Korey Mitchell Lighmer and certify that I am authorized to do so. URANCE Authorized Age~ P.O. Box 3880 Harrisburg, PA 17105-3880 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOUTHIAN, CARLA DONOVAN 19 Klm Acres Drive Mechanicsburg, PA 17055 and Plaintiff Defendant CIVIL ACTION - LAW KOREY MITCHELl. L1GHTNER 19 Klm Acres Drive Mechanicsburg, PA 17055 Defendant WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Kit~dly issue a Summons in Civil Action in the above captioned case against the above nmi.ed Defendants. The Writ of Summons shall be served upon the Defendants. Dated: "Snawn I~. ~cLaughlin, Esquire Sup. Crt. I.D. No. 62737 145 East Market Street York, PA 17401 Telephone No. 717-843-8046 Attorney for Plaintiff SUMMONS IN CIVIL ACTION TO: notified that the above captioned Plaintiff as SEAL OF THE COURT CARLA DONOVAN and KOREY MITCHELL LIGHTNER: You are herel~ commenced a civil ' ' action agmnst you. PROTHONOTA?' DEPUTY PROTHONOTARY MICHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3059 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendants Cada Donovan and Korey Mitchell Lightner in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE AND NOW, this o'~l '~ day of August, 200t, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Shawn McLaughlin, Esquire Menges, Gent & McLaughlin, LLP 145 East Market Street York, PA 17401 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire MICHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3059 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE CF PREREQUISITE TO SERVE SUBPOENAS PURSUANT TO RULE 4009.22 As a Prerequisite to service of Subpoenas for Documents and Things pursuant to Rule 4009.22, Defendants certify that: 1. A copy of the Notice of Intent including the proposed Subpoenas are attached to this Certificate. 2. Counsel was contacted via correspondence and has waived the 20 day requisite notice of intent to serve. 3. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANTS MICHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3059 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendants intend to serve Subpoenas identical to the ones attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 A'FI'ORNEYS FOR DEFENDANTS DATE: October 31, 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants NO. 01-3059 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York County Children and Youth Services (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: Complete copies of the personnel and employment files for Michelle Louthian, S.S. #196-48-6734. includino but not limited to employment applications, payroll records, disciplinary records, vacation/sick leave/attendance records, performance evaluations, medical records, Workers' Compensation records, complaints and correspondence. at: Thomas, Thomas & Hafer, LLP. 305 N. Front Street, Harrisbura, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together w~th 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 par~y serving this subpoena may seek s court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7632 SUPREME COURT ID#: 06776 ATTORNEY FOR: Defendants DATE: (~r~ ~q/ .~rY~l Seal of the Cdurt BY THE COURT: PrOthonotary/Clerk, Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MiCHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants NO. 01-3059 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Memorial Hospital (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: All records, including but not limited to, in-patient, emerqency room, clinic, physical therapy, Industrial Resource Center and same-day surclery records for Michelle Louthian, S.S.# 196-48-6734. at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harrisburc~, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7632 SUPREME COURT ID#: 06776 ATTORNEY FOR: Defendants DATE: ('~ ~ ,,2_Cot Seal of the C~ur[ BY THE COURT: ,/~ Prothonotary/CleriC, Civil D' ' n Deputy ( (4/97) CERTIFICATE OF SERVICE AND NOW, this 31st day of October, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Shawn McLaughlin, Esquire Menges, Gent & McLaughlin, LLP 145 East Market Street York, PA 17401 THOMAS, THOMAS & HAFER, LLP C. Kent Pdce, Esquire CERTIFICATE OF SERVICE AND NOW, this 8th day of November, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Certificate of Prerequisite to Serve Subpoenas Pursuant to Rule 4009.22 by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Shawn McLaughlin, Esquire Menges, Gent & McLaughlin, LLP 145 East Market Street York, PA 17401 THOMAS, THOMAS & HAFER, LLP C. Kent Pdce, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOUTHIAN, V. Plaintiff CARLA DONOVAN KOREY MITCHELL LIGHTNER, Defendants NO. Ol-,9a-% t CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgrnent 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 Defendant. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 2 Liberty Avenue Carlisle, PA 17013 Tel. No. (800) 990-9108 (717) 249-3166 NOTICIA Le han demandado a usted a la torte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha aviasado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER D1NERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LAT OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Tel. No. (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOUTHIAN, V. Plaintiff CARLA DONOVAN KOREY MITCHELL LIGHTNER, Defendants NO. 01-3059 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Michelle Louthian is an adult individual residing at 32 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Karla Donovan is an adult individual residing at 19 Kim Acres Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Korey Mitchell Lightner is an adult individual and the son of Defendant Karla Donovan, and resides with Defendant Karla Donovan at 19 Kim Acres Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about June 2, 1999, Plaintiff was the owner of a 1990 Plymouth Voyager automobile which was involved in the collision described herein. 5. On or about June 2, 1999, Defendants Karla Donovan and Korey Mitchell Lightner were the owners ora 1995 Volkswagon Jetta automobile which was involved in the collision described herein. 6. On or about June 2, 1999 at approximately 4:52 p.m., Plaintiff, Michelle Louthian, was operating her motor vehicle in a westerly direction on South Market Street in Upper Allen Township, Cumberland County, Pennsylvania, just west of Gettysburg Pike, when her vehicle was struck in the rear by the Defendants' motor vehicle which was being operated by Defendant, Korey Mitchell Lightner in a westerly direction on South Market Street.just behind and in the same lane as Plaintiff, Michelle Louthian's vehicle. 7. At the time of the collision herein described, Plaintiff Michelle Louthian was lawfully stopped in traffic while waiting for a vehicle to make a left turn. 8. The accident was directly and proximately caused by the negligence and carelessness of Defendant, Korey Mitchell Lightner, which consisted, among other things, of the following: operating his motor vehicle in a careless, reckless, and negligent manner; operating his motor vehicle at a high and excessive rate of speed under the circumstances; failing to keep a proper lookout for the vehicle being operated by Plaintiffwhich was legally stopped; operating his motor vehicle with no warning of approach or intended direction; not having his motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead (75 Pa. Cons. Stat. § 3361); operating his motor vehicle without due regard to the rights, safety, and position of the Plaintiff; failing to have the motor vehicle under the proper control so as to prevent his vehicle from striking the Plaintiff's motor vehicle; failing to keep a proper lookout; failing to use due care under the circumstances; failing to notice the motor vehicle of the Plaintiff', upon noticing the motor vehicle of the Plaintiff, failing to yield the right-of-way to the Plaintiff's vehicle; failing to take evasive action in order to avoid impact with the Plaintiff's vehicle; m. failing to apply his brakes in sufficient time to avoid hitting Plaintiff's stationary car; n. operating his motor vehicle in disregard of the rules of the road, the ordinances of Upper Allen Township, and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. Cons. Stat. § § 3361 and 3362, which conduct constitutes negligence as a matter of law; and o. such other acts of negligence, carelessness and recklessness as may be determined through the process of discovery and/or at trial. 9. At all times material hereto, Plaintiff, Michelle Louthian acted with due care and was not contributorily negligent. 10. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff sustained severe injuries to, inter alia, her neck, shoulders, back, legs, and head. Some or all of the foregoing injures may be permanent. 11. The injuries sustained by PlaintiffMichelle Louthian set forth herein are serious injuries which resulted in a serious impairment of certain bodily fimctions. 12. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff has suffered, and will suffer in the future, great pain, agony, and inconvenience. 13. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff was unable to return to fulltime work until on or about June 19, 2000, over one year after the collision. As a result, Plaintiff lost wages in excess of $24,000.00. 14. As a direct and proximate result of the collision and minor Defendant's negligence and reckless conduct, Plaintiff has sustained serious and permanent injuries and treatment for which she has incurred medical bills and expenses in excess of $49,000.00, and may require additional surgery to her neck and shoulder in the future. 15. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiffhas suffered an interruption of her daily habits and pursuits to her great and permanent detriment and loss. 16. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff's motor vehicle sustained property damage in excess of $3,000.00. 17. As a direct and proximate result of the collision and Defendant's negligent and reckless conduct, Plaintiff has incurred and, in the future will incur expenses for medical treatment and physical therapy in an amount not yet ascertained. 18. Plaintiff has made demand for compensation of the aforesaid injuries and losses, which Defendant has failed and refused and still refuses to pay. WHEREFORE, Plaintiff, Michelle Louthian, demands judgment against Defendants in an amount in excess of the amount required for reference to arbitration in Cumberland County, Pennsylvania, exclusive of interest and costs. ~'-aa~ P. McLaughlin, Esquire MENGES, GENT & MCLAUGHLIN, LLP 145 East Market Street York, PA 17401 Telephone No. 717-843-8046 Attorney for Plaintiff, Michelle Louthian IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOUTHIAN, V. Plaintiff CARLA DONOVAN KOREY MITCHELL LIGHTNER, Defendants NO. 01-3059 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Shawn P. McLaughlin, Esquire, do hereby certify that a true and correct copy of the foregoing Complaint was served upon the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 MENGES, GENT & MCLAUGHLIN, LLP ~hlin, Esquire Sup. Ct. I.D. No. 62737 145 East Market Street York, PA 17401 (717) 843-8046 Attorney for Plaintiff, Michelle Louthian VERIFICATION I, Michelle Louthian, verify that the statements made in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to author/ties. RECEIVED MICHELLE LOUTHIAN, Plaintiff CARLA DONOVAN and KOREY MITCHELL LIGHTNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3059 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above matter as settled, ended and discontinued with prejudice. MENGES, GENT & MCLAUGHLIN, LLP ~n P. McLaughlin, Esquire 145 East Market Street York, PA. 17401 ATTORNEYS FOR PLAINTIFF