HomeMy WebLinkAbout04-4464
LAW OFFICES OF EDWARD J. MIMNAGH
EDWARD J. MIMNAGH, ESQUIRE
Attorney /.D. No. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone (717) 534-2600
Facsimile (717) 534-1344
Emai/: mimnagh.law@verizon.net
Attorney for Plaintiff
Jeffrey P. Pegula
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 '{ - l/LJ l. 'f C.wu "I J.<-
JEFFREY P. PEGULA,
Plaintiff
SCOTT C. MOORE, ALICIA M. MOORE:
STATE FARM INSURANCE COMPANY
Defendants
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF SUMMONS
To the Prothonotary:
Please issue a writ of summons in the above-captioned civil action.
Respectfully Submitted:
LA ICES OFE
Date: August 31, 2004
By:
MN H, ESQUIRE
Attorney 1.0 0.878 0
203 West aracas Avenue
Hershey, PA 17033
Telephone No. (717) 534-2600
Attorney for Plaintiff
Jeffrey P. Pegula
OJ. MIMNAGH
LAW OFFICES OF EDWARD J. MIMNAGH
EDWARD J. MIMNAGH. ESQUIRE
Attorney 1.0. No. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone (717) 534,2600
Facsimile (717) 534,1344
Email: mimnagh.laW@verizon.net
Attorney for Plaintiff
Jeffrey P. Pegula
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Di-4~~~ ~ ~
JEFFREY P. PEGULA,
Plaintiff
SCOTT C. MOORE, ALICIA M. MOORE:
STATE FARM INSURANCE COMPANY:
Defendants : CIVIL ACTION - LAW
WRIT OF SUMMONS
TO: Scott C. Moore
30 Gary Player Drive
Etters, Pennsylvania 17319
Alicia M. Moore
30 Gary Player Drive
Etters, Pennsylvania 17319
State Farm Insurance
340 Montage Mountain Road
Post Office Box 5500
Scranton, PA 18505-5500
You are hereby notified that JEFFREY P. PEGULA has commenced an action
against you.
Date: .~;}/ ;Jov'f
(I.lJ4A 12. f'l' r-
Prothonotary
By:{t.A' (2 ~
Deput;p,.;;honotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
Plaintiffs,
CIVIL DIVISION
No.: 04 -4464
vs.
PRAECIPE FOR APPEARANCE
(Jury Trial Demanded)
SCOTT C. MOORE,
MOORE and STATE
COMPANY,
ALICIA M.
FARM INSURANCE
Defendants.
Filed on Behalf of the
Defendants.
Counsel of Record for
This pa.rty:
Kevin D. Rauch, Esquire
PA LD. #83058
SUMMERS, McDONNELL, HUDOCK, GUTHRIE
& SKEEL, L.L.P.
Firm #911
The Gulf Tower, Suite 2400
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
Plaintiffs,
)
)
)
)
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)
)
)
)
)
)
No.: 04-4464
CIVIL DIVISION
vs.
PRAECIPE FOR APPEARANCE
(,Jury Trial Demanded)
SCOTT C. MOORE, ALICIA M. MOORE,
and STATE FARM INSURANCE COMPANY,
Defendants.
PRAECIPE FOR APP~~E
TO: THE PROTHONOTARY
Kindly enter the Appearance of the undersigned, Kevin D.
Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P., on behalf of the Defendants, Scott C.
Moore, Alicia M. Moore and State Farm Insurance Company, in the
above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, MCDONNELL,
SKEEL L. L. P.
By:
GUTHRIE &
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
C~~yr::ord
or Appearance has been mailed by U.S. Mail to
class mail, postage pre-paid, this
2004 :
Edward J. Mimnagh, Esquire
203 West Caracas Avenue
Hershey, PA 17033
GUTHRIE ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAMJ COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
Plaintiffs,
CIVIL DIVISION
No.: 04-4464
vs.
PRAECIP1~ FOR RULE TO FILE
COMPLAINT
(Jury Trial Demanded)
SCOTT C. MOORE,
MOORE and STATE
COMPANY,
ALICIA M.
FARM INSURANCE
Defendants.
Filed on Behalf of the
Defendants.
Counsel of Record for
This Party:
Kevin D. Rauch, Esquire
PA I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE
& SKEEL, L.L.P.
Firm #911
The Gulf Tower, Suite 2400
707 Grant Street
Pittsbursrh, PA 15219
(412) 261-3232
IN THE COURT OF COMMON PLEAS OF CUMBERLM,D COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
Plaintiffs,
vs.
SCOTT C. MOORE, ALICIA M.
MOORE and STATE FARM INSURANCE
COMPANY,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No.: 04-4464
PRAECIPE FOR RULE TO FILE
COMPLAINT
(,Jury Trial Demanded)
PRAECIPE FOR RULE TO FILE COMPLAINT
TO: THE PROTHONOTARY
in Civil Action within twenty (20) days.
Kindly rule the Plaintiff, Jeffrey P. pegula, to file a Complaint
Respectfully submitted,
SUMMERS,
L.L.P.
By
September 29, 2004,
Rule Issued.
& SKEEL,
~~/)l.d.--J ~r
Curtis R. Long, Prothonot
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
File Complaint has been mailed by
foregoing Praecipe for Rule
U.S. Mail to ~~Ult1l of
paid, this ~~ day
, 2004.
class mail, postage pre-
Edward J. Mimnagh, Esquire
203 West Caracas Avenue
Hershey, PA 17033
SUMMERS, McDONNELL,
L.L.P.
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LAW OFFICES OF EDWARD J. MIMNAGH
EDWARD J. MIMNAGH, ESQUIRE
Pennsylvania Supreme Court 1.0. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone (717) 534-2600
Facsimile (717) 534-1344
E-mail: mimnagh.law@verizon.net
Attorney for Plaintiff
Jeffrey P. Pegula
JEFFREY P. PEGULA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-4464
SCOTT C. MOORE, ALICIA M. MOORE
AND STATE FARM INSURANCE CO.
Defendants
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 aJler this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. .You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff.. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland Law Journal
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone No. (800) 990-9108
LAW OFFICES OF EDWARD J. MIMNAGH
EDWARD J. MIMNAGH, ESQUIRE
Pennsylvania Supreme Court LD. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone (717) 534-2600
Facsimile (717) 534-1344
E-mail: mimnagh. law @ verizon. net
Attorney for Plaintiff
Jeffrey P. Pegula
JEFFREY P. PEGULA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-4464
SCOTT C. MOORE, ALICIA M. MOORE
AND STATE FARM INSURANCE CO.
Defendants
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW, cornes the Plaintiff, Jeffrey P. Pegula, by and through his attorney,
Edward J. Mirnnagh, Esquire, and hereby files his complaint against the Defendants
above-captioned and in support thereof avers as follows:
1. Plaintiff, Jeffrey P. Pegula, is and adult individual who, at all times
mentioned in this complaint was, a resident of 149 Basalyga Street, Jessup, Lackawanna
County, Pennsylvania.
2. Defendant, Scott C. Moore, is now, and at all times mentioned in
this complaint was, a resident of 30 Gary Player Drive, Etters, York County, Pennsylvania.
3. Defendant, Alicia M. Moore, is now,. and at all times mentioned in
this complaint was, a resident of 30 Gary Player Drive, Etters, York County, Pennsylvania.
4. Defendant, State Farm Insurance Company, is now, and at all times
mentioned in this complaint was, Defendant, Scott Moore's, rnotor vehicle insurance carrier
with offices located at 340 Montage Mountain Road, P.O. Box 5500, Scranton, Lackawanna
County, Pennsylvania.
5. At all times mentioned, Plaintiff was the owner of a 1996 Jeep Grand
Cherokee.
6. On September 4, 2002, at approxiimately 8:00 a.rn., Individual
Defendant Alicia M. Moore was the owner of a 1994 Ford Taurus bearing the registration
plate ESY0871.
7. On September 4, 2002, at approximately 8:00 a.m., Individual
Defendant, Scott C. Moore, was operating the 1994 Ford Taurus with the express or
implied permission of Individual Defendant, Alicia M. Moore.
8. On Septernber 4, 2002, at approximately 8:00 a.m., Plaintiff was
operating his 1996 Jeep Grand Cherokee traveling East on Route 581 near Exit 4
located in Cumberland County, Pennsylvania.
9. On September 4,2002, at approximately 8:00 a.m., Defendant, Scott C.
Moore, was operating the 1994 Ford Taurus traveling East on Route 581 near Exit 4 in
Cumberland County, Pennsylvania and to the rear of Plaintiff.
10. On September 4, 2002, at approxirnately 8:00 a.m., Defendant Scott C.
Moore, while operating the 1994 Ford Taurus caused his automobile to crash into the rear
of the automobile that Plaintiff was operating.
11. On September 4, 2002, at approximately 8:00 a.rn., Defendant Scott C.
Moore, operated the 1994 Ford Taurus i n such a negligent, careless and/or reckless
manner so as to cause the same to crash into the rear of Plaintiff's 1996 Jeep Grand
Cherokee, on Route 581 near Exit 4 in Curnberland County, Pennsylvania
12. The negligence, carelessness and/ or recklessness of the Defendant
Scott C. Moore, consisted of, but is not limited to, the following:
a) Failing to have his motor vehicle under proper and
reasonable control;
b) Operating his motor vehicle in such a rnanner as to
cause it to collide into and against Plaintiff's vehicle;
c)
of his approach;
Failing to give prornpt, proper and adequate warning
d) Operating his rnotor vehicle without due regard to
the presence and safety of the Plaintiff;
e) Failing to bring his rnotor vehicle to a stop in time to
avoid the collision;
f) Failing to operate his motor vehicle in a safe and
proper manner;
g) Operating his motor vehicle at a high and excessive
rate of speed under the circumstances.
h) In then and there failing to maintain proper and
adequate control of his motor vehicle so as to avoid impacting the vehicle
driven by the Plaintiff, Jeffrey Pegula ;
i) In failing to apply his brakes earlier to avoid striking
the vehicle driven by the Plaintiff, Jeffrey Pegula ;
j) In failing to properly observe the vehicle being driven
by Plaintiff, Jeffrey Pegula;
k) In failing to operate his vehicle at a careful and
prudent speed under the circumstances;
I) In failing to keep a proper necessary look out for
vehicles on the roadway;
m) In failing to take proper precautions in the operation
of his rnotor vehicle so as to avoid the collision that occurred with the
vehicle being operated by the Plaintiff, Jeffrey Pegula;
n) In then and there operating his rnotor vehicle in a
negligent and careless manner without due regard for the rights and
safety of the Plaintiff;
0) In operating his rnotor vehicle at an excessive rate of
speed;
p) In failing to yield the right-of-way to the vehicle
driven by the Plaintiff, Jeffrey Pegula ;
q) In failing to have his rnotor vehicle under such
control that it could be readily stopped, turned aside, or the speed
thereof slackened upon the appearance of danger;
r) In violating the laws of the Commonwealth of
Pennsylvania regarding the operation of motor vehicles and! or
cornpliance with (traffic signals);
s) In failing to exercise due care and caution under all of
the existing circumstances.
13. At all tirnes relevant hereto, Plaintiff acted in a safe, careful,
prudent, and reasonable manner and, in no way, caused or contributed to his injuries
and! or damages.
14. Solely as a result of the negligence, recklessness, and carelessness
of the Defendant, Plaintiff was violently shaken and suffered severe and serious,
painful and disabling injuries including, but not limited to, the following:
a) Acute cervical strain;
b) Acute neck and back strain;
c) Tenderness, pain and restricted rnotion in the right
and left shoulders;
of activities.
d) Persistent pain, limitation of motion, and restriction
e) Injuries to the bones, cartilages, Iigarnents, muscles,
nerves and tissues of the body. Cerebral concussion;
the body;
f) Multiple strains, sprains, bruises and contusions of
g) Anxiety, mental distress, nervousness, irritability
and depression;
h) Shoulder pain and discomfort;
i) Persistent pain, limitation of rnotion and restriction
of activities.
15. As a further result of the Defendant's negligence, carelessness
and/ or recklessness, Plaintiff was rendered sick, sore and disabled and sustained
severe physical, emotional, and mental pain, discornfort and distress, all of which
have required medical care and treatment.
16. As a result of the Defendant's negligence, carelessness, and/ or
recklessness, Plaintiff suffered physical and mental pain, discomfort, and
inconvenience. The Plaintiff is informed, and believes, and therefore avers that his
injuries are of a continuing and permanent nature and that he will, therefore, continue
to suffer in the future and require additional rnedical care and treatment.
17. As a further result of the Defendant's negligence, carelessness
and/ or recklessness, Plaintiff, has been obliged to receive and undergo rnedical
attention and care and to expend and incur various medical expenses and will be
obliged to continue to expend such surns or incur such expenses for an indefinite tirne
in the future.
18. As a further result of the Defendant's negligence, carelessness,
and/ or recklessness, Plaintiff has suffered a severe loss of earnings and impairment of
earning capacity and power.
19. As a further result of the Defendant's negligence, carelessness,
and/ or recklessness, Plaintiff has sustained and is continuing to sustain a loss of the
everyday pleasures and enjoyrnents of life and will continue to lose such everyday
pleasures and enjoyments of life for an indefinite period of time in the future.
WHEREFORE, Plaintiff hereby claims clarnages from the Defendants,
in an arnount in excess of Thirty Thousand Dollars, together with interest and costs.
Respectfully Subrnitted:
Date: October 22, 2004
LAW 96icBs OF
ED~RD J. ~IMNAGH
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By:
--,
, ESQUIRE
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
Attorney for Plaiintiff, Jeffrey P. Pegula
VERIFICATION
I, JEFFREY P. PEGULA, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my inforrnation, knowledge and
belief. I understand that false staternents herein are rnade subject to the penalties of 18
Pa. C.S.A. S4904 relating to unsworn verification to authorities.
DATE:
/()~/oi
JEFF
PLA
i ff4
'Po PEGULA
CERTIFICATE OF SERVICE
I, EDWARD J. MIMNAGH, ESQUIRE, Attorney for Plaintiff herein, do hereby certify
that on this date I served the foregoing Complaint by depositing a true and exact copy thereof in
the United States mail, first class, postage prepaid, addressed as follows:
Kevin D. Rauch, Esquire
SUMMER, MCDONNELL, HUDOCK GUTHRIE & SKEEL
1017 Mumma Road
Lemoyne, P A 17043
Date: October 22, 2004
LAW OFFICES OF
EDWrtMIM !
. J '
L.I-\-
By:
I
EDW ARD J.~I[MNAGH, ESQUIRE
Attorney J.D. o. 87860
203 West Caracas Avenue
Hershey, P A 17033
Telephone No. (717) 534-2600
Attorney for Plaintiff, Jeffrey P. Pegula
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-04464 P
C9MMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PEGULA JEFFREY P
VS
MOORE SCOTT C ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MOORE SCOTT C
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On November 1st, 2004 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
18.00
9.00
10.00
52.00
.00
89.00
11/01/2004
EDWARD MIMNAGH
so~~~
R. ~s Kline .
Sheriff of Cumberland County
Sworn and subscribed to before me
this
I'>
/0 -
day of~
:2O(;J'( A.D.
C')~U" Q "rMA/J", (r"Lf
f Prothonotary .
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-04464 P
CQMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PEGULA JEFFREY P
VS
MOORE SCOTT C ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MOORE ALICIA M
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On November 1st, 2004 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16,00
11/01/2004
EDWARD MIMNAGH
so~~///..
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this
;c-
/O '--
day of ~
d-tX:>'{ A . D .
~, Cl "h.-<pp", ~.
rothonotary ,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-04464 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PEGULA JEFFREY P
VS
MOORE SCOTT C ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
STATE FARM INSURANCE COMPANY
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of LACKAWANNA
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On November 1st, 2004 , this office was in receipt of the
attached return from LACKAWANNA
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lackawanna Co
Notary
6.00
9.00
10.00
26.20
2.00
53.20
11/01/2004
EDWARD MIMNAGH
So answe~
R.~ine
Sheriff of Cumberland County
Sworn and subscribed to before me
this /1 f:;
day of ~
:wtJ'f A. D .
C;'11,' . 0 'mdP,,, ~
Prothonotary ,
SHERIFF'S RETURN - REGULAR
C ' ''-..~,,~'C'.
<.JlY\~~'3-'v.-""'-"
CASE NO: 2004-00485 T
q; Oc{, 'Hc'j
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF LACKAWANNA
PEGULA JEFFREY P.
VS
MOORE SCOTT C. ET AL
GLENN CAPMAN
, Deputy Sheriff of Lackawanna County
County, pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
STATE FARM INSURANCE CO.
the
DEFENDANT
, at 0003:45 Hour, on the 20th day of September, 2004
at 340 MONTAGE MOUNTAIN RD.
SCRANTON, PA 18505
BONNIE OSMAN/SECRETARY
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing .~
Service \JJ' ~ V;
Affidavit ~ 0
Surcharge ~
.00
.00
.00
.00
.00
.00
So Answers:
;~rc~teri~f
Depu@heriff
00/00/0000
Sworn and Subscribed to before
In The Court of Common Pleas of Cumberland County, Pennsylvania
Jeffr~j P. Pegula
vs.
Scott C. Moore et al
SERVE: State Fa:rm Insurance
No. 04-4464 civil
Now,
September 8, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lackawanna
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
:?",:~~/ff:;R
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
copy ofthe original
a
and made known to
the contents thereof.
So answers,
.'
Sheriff of
County, PA
Sworn and subscribed before
me this_day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
COUNTY OF YORK
OFFICE OF THE SHERIFF
10')-
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
Scott C. Moore et al
"~1IONS
PI.J!.~TVI'E-.~ LINE 1.Tt4RU 12
O(JN.CJT'PEl'~"AHY COPES
2 C~URT NUMBER
"4-4464 civil
-~ .. TYPE OF V\lRll OR COMPLAINT
Writ of Sumnons
~;ica
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
t PLAINTIFF/SJ
3 DEFENDANT/51
Jeffrey P. PeguIa
+E {
AT
7 INDICATE SERVICE'
5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETe. TO SERVE OR DESCRIPTION OF PROPERlY TO BE lEVIED, ATTACHED. OR SOLO
Scott C. Moore
6 ADDRESS {STREET OR RFO IMTH BOX NUMBER. APT, NO" CITY, BORC. NJP,
30 PIa er Drive Et ers, PA 17319
Q PERSONAL 0 PERSON IN CHARGE DEPUTIZE U C RT
S1 ATE AND ZIP CODE)
IL tl , S1 CLASS MAil
U POSTED
U OTHER
NOW Septanber 8 , 20~ I. SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this
to law. This deputization being made at the request and risk of the plaintiff. -
;":"~berland County Sheriff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMA liON THAT \IVIlL ASSIST IN EXPEDITING SERVICE
Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - AnV deputy shertff levying upon or attaching an)' property under within wnt may leave same
wilhout a watdunan, in custOdy of whomever is fauna in possession, after notifying perSOn 01 levy or attachment without liability on the part 01 such deputy or ttle sheriff to any plainliff
herein tor any Joss. destruction. or removal Of any property befOle sheriffs sale thereof '
9. T'fPE NAME and ADDRESS or ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER " DATE F!LED
EDWARD MIMNAGH 203 U. CARACAS AVE. HERSHEY FA 17033 534-2600
12 SEND NOTICE OF SERVICE COPY TO NAME ANDADORESS BELOW (This area must be compleled if notice is to be mailed)
CUMBERLAND CO SHERIFF
9-7.-0!,
$PAce..8El.OW FORt/SE OF 1'HE$fEAlPF - DONOTiWRnE8ELOWTHIS tIE
13. 'adlnowledgerece;plollhew,' R. ,\HRENS 14. DATE RECEIVED
Of c:ompIa", as "'di<:aled _ve 9 - 9 - 0 4
16. HOW SERVED
RESIDENCE ( )
POSTED ( I
POEI I
OTHER I
see REMARKS BELOW
22. REMARKS:
J?VU
,
IOjk}otl
23_ Advance Costs
100.00
.... . natureol
Oep. Sherift
46. Signature of YOf"k
County SheriW
lHLLlM1 t1.
~
4'. AFFIRMED and subscribed fo before me th.is_ ()
42 day,of~~T '__ . :~~i'4~~~ARY
i J.srnes V. \/angrc<2-" 0:oLa,y)".)'
'.. ,;:':'ltyofYOrk_ YDrk,I:-'[,niy to;
, ,u,j ,--,cm!T'_!S~3iOf", '.,~,~, , 48_ Signature of Foreign
--- --- Counly Sheriff
50.1 ACKNOVVlEOGE RECEIPT QF THE SHERifF'S RETURN SIGNATURE
OF AUTI1O~tZED ISSUING AUTHOAITY AND TITLE
10-(,-01,
49 DATE
51 DATE RECEIVED
,. lMilTE -IS$Ulng Authority 2. PINK - ArtOln8>' 3. CANARY - Sheritrs Office 4. BLUE - Shenff's Office
COUNTY OF YORK
2cQ ~
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
..--..
. . JNIi.~~..~
PLIJlSl;t~_VI.INE1THRU 12
DO N01'o&TACMANY COPES
Jeffrey P. Pegu1a
3 DEFENDANT/S!
Scott C. Moore et
sica
SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLO
..... Alicia M. Moore
..".. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO" CITY. BORO. lVIIP" STATE AND ZIP CODE)
AT 30 Gary Player Drive Etters, PA 17319
7. INDICATE SERVICE: CJ PERSONAL 0 PERSON IN CHARGE I( DEPUTIZE U CERT. MAil 0 1ST CLASS MAIL U POSTED U OTHER
NOW September 8 , 20...Qi. I, SHERIFF OF~t'CI.U ~".lTY.I.Y.:.1" ....PAA:Jl.P, d here. by~epu. Ii e the sheriff of
York COUNTY to execute ~~~ke re).l'rn ccording
to law. This deputization being made at the request and risk of the plaintiff. -r ,.:/~4-:;'?JCd'~ -,
SHERIFF OF_COUNTY
cumoer l.ana
al
2 eQURl NUMBER
04-4464 civil
~_ 4. TYPE OF WRIT OR COMPLAINT
Writ of Sumnons
1 PLAINTIFF/Sf
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VV1lLASSIST IN EXPEDITING SERVICE
~'."""""..
' ^ ' ~ . '. . . ". .
"- ~
, .' ""(.,
,_ilffiberland County Sheriff. Thank you.
NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon Of attaching any property under within wnt may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or anachment, without liability on the part of such deputy or lhe sheriff to any plaintiff
herein for any toss, destrudion, or removal of any property before sheriff's sale thereof. '
9 TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FilED
ED,IARD t1UINAGH
12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BelOW: (This area musl be completed if notice is to be mailed)
CUMBERlAND CO SHEF ~'I:'
$PACE lil$.OW FOR \IE OF TIE SHERF'F ~ IlO MOT.WRI1'E BELOW tfIS Lf\E
13 I acknowtedge receipt of the writ 14. DATE RECEIVED
or complaint as indated above. l{, A B R E N
16 HOW SERVED: RESIDENCE )
POSTED ( )
POEt )
9-9-04
SHERIFF'S OFFICE ( ) OTHER (
Int
23. Advance Costs
33 Costs Due or Refund Check Nc
040. Costs Due Of Refund
41. AFFIRMED and subscribed to "0
42.dayof OCT. .2\,)6-43' r~
_~/~ARY
Notari I Seal
.-2::2.S ".; V"H~O'8en, Notary :-"
-:,- ': 0:''' County Fi'.
"l\I'l::>c.?1 .
,).( 1,
. HOS:':
10 6-01,
48. Signature of Foreign
County Shenrf
50. I ACKNOV\ILEOGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
--')n,L,:c.:_
49 DATE
51 DATE RECEIVED
1. WillE -lssuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE. Shenff'sOffice
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA
JEFFREY P. PEGULA,
CIVIL DIVISION
Plaintiff,
NO. 04-4464
v.
(Jury Trial Demanded)
SCOTT C. MOORE, ALLlCIA M.
MOORE and STATE FARM
INSURANCE COMPANY,
Defendants.
ORDER
AND NOW, TO WIT, this
day of
,2005, is hereby
ORDERED, ADJUDGED, AND DECREED that the Preliminary Ob ctions of
Defendants, Scott C. Moore and Allicia M. Moore, are hereby granted. ccordingly,
State Farm Insurance Company is dismissed from this action, with prejudice.
BY THE COURT:
J.
"
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA
,
I
,
JEFFREY P. PEGULA,
CIVIL DIVISION
Plaintiff,
NO. 04-4464
v.
PRELIMINARY OBJECTIONS
SCOTT C. MOORE, ALLlCIA M.
MOORE and STATE FARM
INSURANCE COMPANY,
I
II
I
Filed on Behalf of the Defenda s
(Jury Trial Demanded)
Defendants.
Counsel of Record for This Pa
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HU OCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#13079
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNI!SYLVANIA
Ii
JEFFREY P. PEGULA, CIVIL DIVISION Ii
;1
Plaintiff,
NO. 04-4464
j
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v.
(Jury Trial Demanded)
SCOTT C. MOORE, ALLlCIA M.
MOORE and STATE FARM
INSURANCE COMPANY,
Defendants.
PRELIMINARY OBJECTIONS
AND NOW, come the Defendants, Scott C. Moore, Allicia M. Moore and State
Farm Insurance Company, by and through their counsel, Summers, cDonnell,
Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and file t following
Preliminary Objections to the Plaintiff's Complaint: i
I. STATEMENT OF FACTS I
1 . This case arises out of an automobile accident that occurred onl
September 4, 2002. On that date, the Defendant, Scott C. Moore, was opera ing a
vehicle when he struck the vehicle being driven by the Plaintiff, Jeffrey C. Pe ula.
i!
Asa
result of the impact, the Plaintiff alleges injuries.
2. The Plaintiff filed a Complaint against the Defendants, Scott C. oore,
,I
Allicia M. Moore and their insurance carrier, State Farm Insurance Company. I
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II. PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 102E a
3. State Farm Insurance Company has been incorrectly named inlthis lawsuit
as a party as there is no direct right of recovery against an insurer in Pennsllvania. An
insurer who is not directly involved in the accident giving rise to a claim canl ot be sued
in an action by the injured party against the insured driver. Stokes v. L01f' Order of
Moose Lodae No. 696, 502 Pa. 460, 466 A.2d 1341 (Pa. 1983). II
i!
4. State Farm Insurance Company was not involved in the acci91 nt outside
of being the insurance company for the Defendants. State Farm Insuranc Company
1
was improperly named as a Defendant in this matter. Ii
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5. An improperly named Defendant may be dismissed from a 111 suit upon
II
the filing of Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(5). Ii
6. Based on the foregoing, the Defendants respectfully reques I that State
Farm Insurance Company be dismissed from this lawsuit, with prejudice. I!
WHEREFORE, the Defendants, Scott C. Moore and Allicia
. Moore,
respectfully request that this Honorable Court dismiss State Farm Insuranc Company
from this action, with prejudice.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
}
By:
K vin D. Rauch, Esquire
Counsel for Defendants
.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of thEj foregoing
PRELIMINARY OBJECTIONS has been mailed by U.S. Mail to 90unsel 0
first class mail, postage pre-paid, thid~ day of ~/~~,
Edward Mimnagh, Esquire
203 West Caracas Avenue
Hershey, PA 17033
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
ev D. Rauch, Esquire
Counsel for Defendants
record via
,2005.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA
JEFFREY P. PEGULA,
CIVIL DIVISION
Plaintiff,
NO, 04-4464
v.
SCOTT C. MOORE, ALLlCIA M.
MOORE and STATE FARM
INSURANCE COMPANY,
(Jury Trial Demanded)
Defendants.
ORDER
AND NOW, TO WIT, this
day of
, 2005, i is hereby
ORDERED, ADJUDGED, AND DECREED that the Preliminary Obj ctions of
Defendants, Scott C, Moore and Allicia M. Moore, are hereby granted. cordingly,
State Farm Insurance Company is dismissed from this action, with prejudice.
BY THE COURT:
J,
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritteu and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
JEFFREY P. PEGULA
(P laintifl)
vs.
SCOTT C. MOORE, ALLICIA
M. MOORE and STATE FARM
INSURANCE COMPANY
(Defendant)
No.
04-4464
Term
i. State matter to be argued (i.e., plaintiffs motion for new trial. defendant's demurrer to
compiaint, etc.):
Defendant's Preliminary Objections
2. IdentitY counsel who will argue cases:
(a) for plaintiff:
(Name and Address)
(b) for defendant:
Kevin D. Rauch, Esquire
(Name and Address)
1017 MUmma Road, Lemoyne,
PA
17043
3, I will notitY all parties in writing within two days that this case has been listed tor argument.
4. Argument Court Date:
/'~
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Sig ature
Kevin D. Rauch
Print your name
Counsel for Defendant
Date Y -I). - oS-
Attorney for
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
CIVIL DIVISION
Plaintiff,
NO. 04-4464
v.
PRAECIPE FOR VOLUNTARY
DISCONTINUANCE OF STATE FARM
INSURANCE COMPANY
SCOTT C. MOORE, ALLlCIA M.
MOORE and STATE FARM
INSURANCE COMPANY,
(Jury Trial Demanded)
Defendants.
Filed on Behalf of the Defendants
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#13079
'.
-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY P PEGULA,
CIVIL DIVISION
Plaintiff,
NO. 04-4464
v.
SCOTT C. MOORE, ALLlCIA M.
MOORE and STATE FARM
INSURANCE COMPANY,
(Jury Trial Demanded)
Defendants.
PRAECIPE FOR VOLUNTARY DISCONTINUANCE
OF STATE FARM INSURANCE COMPANY
TO: Prothonotary
The undersigned parties hereby agree to voluntarily dismiss Defendant, State
Farm Insurance Company, from the above-captioned case with prejudice.
,
Ke in D. auch, Esquire
Counsel for Defendants
. .
~
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE
FOR VOLUNTARY DISCONTINUANCE has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this /0
(hI ' 2005.
day of
Edward Mimnagh, Esquire
203 West Caracas Avenue
Hershey, PA 17033
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
CIVIL DIVISION
Plaintiff,
NO. 04-4464
v.
ANSWER AND NEW MATTER
SCOTT C. MOORE and
ALLlCIA M. MOORE,
(Jury Trial Demanded)
Defendants.
Filed on Behalf of the Defendants
TO: Plaintiff
Counsel of Record for This Party:
You are hereby notified to file a written
response to the enclosed Answer and
New Matter within twenty (20) days
from service hereof or a judgment
may b enter d ain you.
Kevin D. Rauch, Esquire
Pa.I.D.#83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
Sum ers, cOon nell, Hudock,
Guthrie & Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#13079
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY P. PEGULA,
CIVIL DIVISION
Plaintiff,
NO. 04-4464
v.
(Jury Trial Demanded)
SCOTT C. MOORE and
ALLlCIA M. MOORE,
Defendants.
ANSWER AND NEW MATTER
AND NOW, comes the Defendants, Scott C. Moore and Allicia M. Moore, by and
through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, LLP., and
Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support
thereof avers as follows:
1. After reasonable investigation, the Defendants have insufficient information
as to the truth or falsity of said averments, therefore said averments are denied and strict
proof thereof is demanded at the time of trial.
2. Admitted.
3. Admitted.
4. State Farm Insurance Company was removed from this matter, therefore no
response is required.
5. Admitted.
6. Admitted.
7. Admitted.
8. After reasonable investigation, the Defendants have insufficient information
as to the truth or falsity of said averments, therefore said averments are denied and strict
proof thereof is demanded at the time of trial.
9. Admitted in part, denied in part. It is admitted that the Defendant, Scott C.
Moore, was operating the 1994 Ford Taurus on Route 581 on the date in question. The
remaining averments are denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at time of trial.
10. Admitted in part, denied in part. It is admitted that an impact occurred
between Plaintiff's vehicle and Defendants' vehicle on the date in question. The remaining
averments are denied pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
11. Paragraph 11 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
12. Paragraph 12 and all of its subparts state a legal conclusion to which no
response is required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
13. Paragraph 13 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
14. Paragraph 14 and all of its subparts state a legal conclusion to which no
response is required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
15. Paragraph 15 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
16. Paragraph 16 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
17. Paragraph 17 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
18. Paragraph 18 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
19. Paragraph 19 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
WHEREFORE, Defendants, Scott C. Moore and Allicia M. Moore, respectfully
request this Honorable Court enter judgment in their favor and against the Plaintiff with
costs and prejudice imposed.
NEW MATTER
20. The motor vehicle accident in controversy is subject to the Pennsylvania
Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative
defenses, all rights, privileges and/or immunities accruing pursuant to said statute.
21. Some and/or all of Plaintiff's claims for damages are items of economic
detriment which are or could be compensable pursuant to either the Pennsylvania Motor
Vehicle Financial Responsibility law and/or other collateral sources and same may not be
duplicated in the present lawsuit.
22. To the extent that the Plaintiff has selected the limited tort option or is
deemed to have selected the limited tort option then these Defendants set forth the
relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a
bar to the Plaintiff's ability to recover non-economic damages.
23. These Defendants plead any and all applicable statutes of limitation under
Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action.
WHEREFORE, Defendants, Scott C. Moore and AJlicia M. Moore, respectfully
request this Honorable Court enter judgment in their favor and against the Plaintiff with
costs and prejudice imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEE L.L.P.
vin D. Rauch, Esquire
Counsel for Defendants
By:
VERIFICATION
Defendant verifies that she is the Defendant in the foregoing action; that the
foregoing ANSWER AND NEW MATTER is based upon information which she has
fumished to her counsel and information which has been gathered by her counsel
in the preparation of the lawsuit. The language of the ANSWER AND NEW
MATTER is that of counsel and not of the Defendant. Defendant has read the
ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW
MATTER is based upon information which she has given to her counsel, it is true
and correct to the best of her knowledge, information and belief. To the extent that
the content of the ANSWER AND NEW MATTER is that of counsel, she has relied
upon counsel in making this Affidavit. Defendant understands that false statements
herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn
falsification to authorities.
#13079
VERIFICATION
Defendant verifies that he is the Defendant in the foregoing action; that the
foregoing ANSWER AND NEW MATTER is based upon information which he has
fumished to his counsel and information which has been gathered by his counsel in
the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER
is that of counsel and not of the Defendant. Defendant has read the ANSWER
AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is
based upon information which he has given to his counsel, it is true and correct to
the best of his knowledge, information and belief. To the extent that the content of
the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel
in making this Affidavit. Defendant understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification
to authorities.
Date: {/ ~.-,(
s~~
#13079
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER
AND NEW MATTER has been mailed by u.s~o counsel of record via first class
mail, postage pre-paid, this ~ day of Lhp , 2005.
Edward Mimnagh, Esquire
203 West Caracas Avenue
Hershey, PA 17033
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
vin D. Rauch, Esquire
Counsel for Defendants
By:
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JEFFREY P. PEGULA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SCOTT C. MOORE,
ALLICIA M. MOORE,
And STATE FARM
INSURANCE COMPANY:
Defendants
NO. 04-4464 CIVIL TERM
ORDER OF COURT
AND NOW, this 27th day of June, 2005, upon consideration of Defendant Scott C.
Moore and Allicia M. Moore's Motion To Compel Discovery Answers and Responses, a
Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Edward Mimnagh, Esq.
203 West Caracas Avenue
Hershey, P A 17033
Attorney for Plaintiff
Kevin D. Rauch, Esq.
Joshua G. Ferguson
Surnmers, McDonnell,
Hudock, Guthrie & Skeel
1017 Mumrna Road
Lernoyne, P A 17043
Attorneys for Defendants
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LAW OFFICES OF EDWARD J. MIMNAGH
EDWARD J. MIMNAGH, ESQUIRE
Attorney J.D. No. 87860
203 West Caracas Avenue
Hershey, P A 17033
Telephone No. (717) 534-2600
Email: mimnagh.law@verizon.net
Attorney for Jeffrey P. Pegula
JEFFREY P. PEGULA,
Plaintiff
v.
SCOTI C. MOORE and
ALLICIA M. MOORE,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-4464
CIVIL ACTION - LAW
PRAECIPE FOR WITHDRAWAL OF' ACTION
TO THE PROTHONOTARY:
Per the request of JEFFREY P. PEGULA, kindly withdraw the action No. 04-4464 filed
with this Honorable Court, in the above-captioned matter.
Date: July 7,2005
By:
..-/
EDWARD J. GH, ESQUIRE
Attorney J.D. o. 878
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
Attorney for Jeffrey F'. Pegula
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