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HomeMy WebLinkAbout13-3830 Supreme Coti' Pennsylvania COUr Coinm leas For Prothonotary Use Only: owl T C>I�.il`C er Suet � Docket No: `Sr i tin �UNIBERL/�I`7rd' County � 3 0 "t ,� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint xi Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T EMILY MINAHAN, ET AL. ERIC SELVEY, O.D. Dollar Amount Requested: within arbitration limits I Are money damages requested? ER Yes 0 No (check one) Doutside arbitration limits O N Is this a Class Action Suit? 0 Yes No Is this an MDJAppeal? Yes Xm No A Name of Plaintiff /Appellant's Attorney: DARYL E. CHRISTOPHER, ESQUIRE OF ANGINO & ROVNER, P.C. Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Q Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) � Employment Dispute: Slander/Libel /Defamation Discrimination 0 C 0 Other: Employment Dispute: Other 0 Zoning Board T Other: I Q Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: El Ejectment M Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute 0 Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY g g Quo Warranto Mort a e Foreclosure: Commercial 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: Q Medical 0 Other: 0 Other Professional: Updated 1/1/2011 I' C �l - 0 L tL ANGINO & ROVNER, P.C. i vi PROTHONOTARY Daryl E. Christopher, Esquire Attorne ID# : 91895 20 JUL — All 1 1: 2 4503 North Front Street Harrisburg, PA 17110 -1708 CUMBERLAND COUNTY Phone: (717) 238-6791. �(1_A �a A Fax: (717) 238 -5610 Attorneys for Plaintiffs: E-mail: dchristopher angino- rovner com Emily Minahan and Michael Minahan EMILY AND MICHAEL MINAHAN, Husband IN THE COURT OF COMMON PLEAS and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — MEDICAL PROFESSIONAL V. LIABILITY ACTION .D. and EMPIRE VISION NO. - 0 OA .ERIC S ELVEY , O � vll CENTER, INC. d/b /a TOTAL VISION CARE, Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO: PROTHONOTARY Please issue a Writ of Summons against the above named Defendants. Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. ANGINO & ROVNER, P.C. r Daryl E. Christopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717 238 -6791 dchristophe�r@angino-rovner.com Counsel for Plaintiffs Date: July 2, 2013 a�► o 507787 �'tf p "1 alD v �0 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): a Eric W. Selvey, O.D. 1510 Penn Street Harrisburg, PA 17102 Empire Vision Center, Inc. d/b /a Total Vision Care 213 Market Street, 3` Floor Harrisburg, PA 17101 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: / - �J Deputy O Check:.hereif reverse is issued for additional information 520410 1 . Z 13 JfI:— 29 P;j 1: :{ r,UMBERLAND COUi T`s'" PEA#NSYLV'1NIA ANGINO&ROVNER,P.C. Daryl E.Christopher,Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 Attorneys for Plaintiffs: E-mail:dchristopher a angino-rovner.com Emily Minahan and Michael Minahan EMILY AND MICHAEL MINAHAN, Husband IN THE COURT OF COMMON PLEAS and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—MEDICAL PROFESSIONAL v. LIABILITY ACTION ERIC SELVEY, O.D., and EMPIRE VISION NO. 13-3830 CIVIL TERM CENTER, INC. d/b/a TOTAL VISION CARE, Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, satisfied and discontinued with prejudice. ANGINO & ROVNER, P.C. 411t►'� l E. hrlstopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 dchristopher@angino-rovner.com Counsel for Plaintiffs Date: July 26, 2013 531306 r Y CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE upon all counsel of record via United States first class mail, addressed as follows: Mary M. Labaree, Esquire Mark Merlini, Esquire Marks, O'Neill, et al. Suite 1900 1800 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorneys for Defendants M e A. Manno Date: July 26, 2013 531306 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson [ U Sheriff Jody S Smith �at�rx�v � a';ur,,�4 ,, Chief Deputy � 2013 I �� C� 10: Richard W Stewart `" = ► } i Solicitor O-sk.,=.�r°��ys���t�� CE���S3Ef�l�Ar�D C�1.�;bi�'t fi�ENN55Y .VAN1A Emily Minahan (et al.) Case Number vs. Eric Selvey, O.D. (et al.) 2013-3830 SHERIFF'S RETURN OF SERVICE 07/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric Selvey, O.D., but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 07/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Vision Center d/b/a Total Vision Care, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 07/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Empire Vision Center, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 07/24/2013 11:20 AM- Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Lindsay Kauffman, General Manager, who accepted as"Adult Person in Charge"for Vision Center d/b/a Total Vision Care at 3401 Hartzdale Drive, Lower Allen, Camp Hill, PA 17011. A Mhd a Cut- ,tn IV`�'�J n , AMANDA COBAUGH, DEPUTE 07/24/2013 11:20 AM- Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Lindsay Kauffman, General Manager,who accepted as"Adult Person in Charge"for Empire Vision Center Inc. at 3401 Hartzdale Drive, Lower Allen, Camp Hil, LA 17011. A nd C�.1-Cl4t, X)Q\.-j AMA DA COBAUGH, DEPUTY 07/31/2013 07:58 AM -The requested Writ of Summons served by the Sheriff of Dauphin County upon Eric Selvey, O.D., who accepted for Empire Vision Center Inc., at 1510 Penn Street, Harrisburg, PA 17102. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 07/31/2013 07:58 AM-The requested Writ of Summons served by the Sheriff of Dauphin County upon Eric Selvey, O.D.,who accepted for Vision Center d/b/a Total Vision Care, at 1510 Penn Street, Harrisburg, PA 17102. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 07/31/2013 07:58 AM-The requested Writ of Summons served by the Sheriff of Dauphin County upon Eric Selvey, O.D., personally, at 1510 Penn Street, Harrisburg, PA 17102. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. tC)CourtySuite Sheritt..Toleosott inC. SHERIFF COST: $106.41 SO ANSWERS, August 13, 2013 RoNIV R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoff.Inc. "Tf Shelle Ruhl Ja ckiDD Pg�nan Real Esta e Deputy ?^= Matthew L. Owens ® Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EMILY AND MICHAEL MINAHAN, H/W VS County of Dauphin ERIC SELVEY, O.D. Sheriff s Return No. 2013-T-2027 OTHER COUNTY NO. 2013-3830 And now: JULY 31, 2013 at 7:58:00 AM served the within WRIT OF SUMMONS upon ERIC SELVEY, O.D. by personally handing to ERIC SELVEY, O.D. 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1510 PENN STREET HARRISBURG PA 17102 DEFENDANT IS NOT LOCATED AT ADDRESS 213 MARKET STREET, 3RD FLOOR, HARRISBURG, PA 17101. PER ATTORNEY, ATTEMPTED AT C/O BUCHANAN, INGERSOLL & ROONEY AT ADDRESS 409 N. 2ND STERET, HARRISBURG,PA, HOWEVER SERVICE WAS REFUSED BECAUSE THEY NO LONGER REPRESENT THE DEFENDANT. DEFENDANT WAS SERVED AT HIS HOME ADDRESS LISTED ABOVE. Sworn and subscribed to So Answers, before me this 1ST day of August, 2013. Sheriff of D h' Co By COMMONWEALTH OF PENNSYLVANIA De uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $79.75 7/10/2013 My Commission Expires August 17,2014 tit 191 Shelley Ruhl Jack Duignan Real Estate Deputy Chief Depu y Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph (717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EMILY AND MICHAEL MINAHAN, H/W VS County of Dauphin ERIC SELVEY, O.D. Sheriff s Return No. 2013-T-2027 OTHER COUNTY NO. 2013-3830 And now: JULY 31, 2013 at 7:58:00 AM served the within WRIT OF SUMMONS upon VISION CENTER D/B/A TOTAL VISION CARE by personally handing to ERIC SELVEY, O.D. 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at C/O ERIC SELVEY, O.D., 1510 PENN STREET HARRISBURG PA 17102 DEFENDANT IS NOT LOCATED AT ADDRESS 213 MARKET STREET, 3RD FLOOR, HARRISBURG, PA 17101. PER ATTORNEY, ATTEMPTED AT C/O BUCHANAN, INGERSOLL & ROONEY AT ADDRESS 409 N. 2ND STERET, HARRISBURG, PA, HOWEVER SERVICE WAS REFUSED BECAUSE THEY NO LONGER REPRESENT THE DEFENDANT. Sworn and subscribed to So Answers, before me this 1 ST day of August, 2013 Ql;� Sheriff of p in C a. B � Y COMMONWEALTH OF PENNSYLVANIA D uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $79.75 7/10/2013 My Commission Expires Au ust 17,2014 &. . -f � Shelley Ruhl Jack Duignan Real Esta e Deputy ? Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EMILY AND MICHAEL MINAHAN, H/W VS County of Dauphin ERIC SELVEY, O.D. Sheriff s Return No. 2013-T-2027 OTHER COUNTY NO. 2013-3830 And now: JULY 31, 2013 at 7:58:00 AM served the within WRIT OF SUMMONS upon EMPIRE VISION CENTER by personally handing to ERIC SELVEY, O.D. 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at C/O ERIC SELVEY, O.D., 1510 PENN STREET HARRISBURG PA 17102 DEFENDANT IS NOT LOCATED AT ADDRESS 213 MARKET STREET, 3RD FLOOR, HARRISBURG, PA 17101. PER ATTORNEY, ATTEMPTED AT C/O BUCHANAN, INGERSOLL & ROONEY AT ADDRESS 409 N. 2ND STERET, HARRISBURG, PA, HOWEVER SERVICE WAS REFUSED BECAUSE THEY NO LONGER REPRESENT THE DEFENDANT. Sworn and subscribed to So Answers, before,me this 1 ST day of August, 2013 IeAlc . Sheriff of D h' Co By COMMONWEALTH OF PENNSYLVANIA D putt' Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $79.75 7/10/2013 My Commission Expires August 17,2014