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HomeMy WebLinkAbout14-6004 Supreme Court of Pennsylvania Court-of Cominor, Pleas Civil Cover Siieet For Prothonotary Use Only: C01111ty Docket No: '1770 iqffirnlofioll collecled on lh(,, fi)1-111 Lt)plelnel7l 01- 117et,tr-uttsel, rrrP'"T"".'s. ThiS.A)"111 does not OS re(wired by/au,or/-1y/(,.8-()fC0711,1. Commencement of Actio : m Ix Complaint Writ of Summons 0 Tr nsf er f X�v n Petition 0 Notice of Appeal S rl Transfer from Another Jurisdiction rl Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T -TVt-EjQ �.'-Wpa ik Name of Plaintiff/Appellant's Attornev: N Are money damages requested? CD No Dollar Amount Requested: 0 I — within arbitration Iimits A — (Check one) outside arbitration limits Is this a Coss Action Suit? ❑ Yes 9—No Nature ofthe Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If You are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRA CT(do Intentional ,rot include judgments) C] CIVIL APPEALS ❑ C) l3u�,er Plaintiff MaAdministrative Agencies ❑ licious Prosecution Debt Co I I ection:Credit Card 0 Board of Assessment ❑ Motor Vehicle Debt Collection:Other Nuisance F1 Board of Elections ❑ Premises Liability 0 Dept.of Transportation S ❑ Product Liability(does not include F1 Zoning Board E mass tort) Employment Dispute: El Statutory Appeal:Other 0 Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T Judicial Appeals I ---- MDJ-Landlord/Tenant 0 MASS TORT ❑ Other: ❑ MDJ-Money Judgment ED Asbestos ❑ Other: N ❑ Tobacco ❑ Toxic Tort-DES n Toxic Tort-Implant nToxic Waste REAL PROPERTY MISCELLANEOUS I- Y' Other: ❑ Ejectment ❑ le Common Law/Statutory Arbitration 13 L—ht�, P0150M,#jG [I Eminent Domain/Condemnation ❑ Declaratory Judgment Q F1 Ground Rent ❑ Mandamus Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLIT Partition r[I Dental Quo Warranto 07 Legal 0 Quiet Title Legal Replevin n Medical 00 P f E3 Other: 0 Other: Other Professional: Pa.R.C.P.205.5 212010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his CIVIL ACTION -LAW natural parent and guardian, Barbara Kaylor NO, � -- 6DID4 CIVI�Ter k" 555 Bentzel Road H �� Lewisberry, PA 17339 crn CO Plaintiff, rn r' rTi V. ra aCD --�, CD Zn Thomas M. Kinney, Sr. and c +v C Paula L. Kinney M 211 Beaver Drive - Mechanicsburg, PA 17050 JURY TRIAL DEMANDED and, Walter C. Daniels and Janet E. Daniels 11 Great White Drive , Sebring, FL 33875-9764 , Defendants. PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the above named Defendants and forward it to the Sheriff of Cumberland County to serve it upon the Defendants Kinney. Defendants Daniels will be served by Certified Mail per Pa.R.C.P. 403-404. (This action is based on the lead poisoning of Tyler Kaylor in 1996 and 1997 while residing at 9 W. Main Street, Apt. 2E, Mechanicsburg, PA 17055). DIVEG YLOR, Date: to/ 8'//c/- By. -IL 0 Archie . Diveglia, E quire Attorney 1.D. #17140 Two Lincoln Way West 0 New Oxford, PA 17350 ��� , Pp ATTY (717) 624-2500 OF COUNSEL: G. Rick DiGiorgio, Esquire Birmingham, Alabama IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his CIVIL ACTION - LAW natural parent and guardian, ,f Barbara Kaylor NO, - (000' l:f v �ef N 555 Bentzel Road Lewisberry, PA 17339 zM o �� -4 -ern Plaintiff, <> r-= mss a <CJ -'Q ; )> V. C) C3 Thomas M. Kinney, Sr. and ; •-- '' Paula L. Kinney , 211 Beaver Drive Mechanicsburg, PA 17050 JURY TRIAL DEMANDED and, Walter C. Daniels and Janet E. Daniels , 11 Great White Drive Sebring,FL 33875-9764 Defendants. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT THOMAS M. KINNEY, SR.: You are notified that the above named Plaintiff has commenced an action against you. Date: Prothono ary Clerk By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his CIVIL ACTION - LAW natural parent and guardian, , Barbara Kaylor NO. (nook (2-Ivil (I?flh 555 Bentzel Road Lewisberry,PA 17339 C CU CD =r--n Plaintiff, • -<> . V. Cz Thomas M. Kinney, Sr. and 57c rar*j Paula L. Kinney 211 Beaver Drive Mechanicsburg, PA 17050 JURY TRIAL DEMANDED and, Walter C. Daniels and , Janet E. Daniels , 11 Great White Drive , Sebring, FL 33875-9764 , Defendants. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT PAULA L. KINNEY: You are notified that the above named Plaintiff has commenced a action against you. Date: �-47 Prothonotary'/Cle,k By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his CIVIL ACTION -LAW natural parent and guardian, _ Barbara Kaylor NO. )� - (pQp �►Ui� jEl'yt� 555 Bentzel Road , Lewisberry, PA 17339 , Plaintiff, c t zrno V. =70 --i mfr, ,,r- CD i Thomas M. Kinney, Sr. and �E3 -n Paula L. Kinney ' -- 211 Beaver Drive 5;c-- �M Mechanicsburg, PA 17050 JURY TRIAL DEMANDED and, Walter C. Daniels and Janet E. Daniels , 11 Great White Drive Sebring, FL 33875-9764 Defendants. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT WALTER C. DANIELS: You are notified that the above named Plaintiff has commenced an action against you. Date: e.�311"ly Proth ary/Cle k By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his CIVIL ACTION -LAW natural parent and guardian, Barbara Kaylor NO, Iq _ UjODq ✓1�Teri 555 Bentzel Road Lewisberry, PA 17339 , Plaintiff, c, C � `� V. r-i cm (3 _'-n r*f c-i r�r Thomas M. Kinney, Sr. and1.0 3. Paula L. Kinney r-a 211 Beaver Drive Mechanicsburg, PA 17050 JURY TRIAL DEMANDED �- `.`.� and, .1 Walter C. Daniels and Janet E. Daniels 11 Great White Drive , Sebring, FL 33875-9764 , Defendants. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT JANET E. DANIELS: You are notified that the above named Plaintiff has com ced an ac on against you. Date: Prothonotary Clerk By: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF G OF THE SHERIFF 1:iLED-01ThE THE PRATHUNOTM Y' 2014 OCT 2 I Phi 2 59 CUMBERLAND COUNTY PENNSYLVANIA Tyler Kaylor vs. Thomas M. Kinney, Sr. (et al.) Case Number 2014-6004 SHERIFF'S RETURN OF SERVICE 10/13/2014 05:41 PM - Deputy Shawn Harrison, being duly sworn according to law, s Summons by "personally" handing a true copy to a person representing to wit: Thomas M. Kinney, Sr. at 211 Beaver Drive, Hampden Township L SH ed the requested Writ of selve to be the Defendant, -ni , : rg, PA 17055. , DEPUTY 10/13/2014 05:41 PM - Deputy Shawn Harrison, being duly sworn according to law, served the re•uested Writ of Summons by handing a true copy to a person representing themselves to be ThoKinney Sr., husband, who accepted as "Adult Person in Charge" for Paula L Kinney a��,B=: I- Drive, Hampden Township, Mechanicsburg, PA 17050. SH N HARRI ON, DEPUTY SHERIFF COST: $55.79 SO ANSWERS, October 15, 2014 RONR ANDERSON, SHERIFF (c)CountySW:o Sheriff, Teleosoft, Inc. L �Cjt r, I +r fryl+��tJl:�i�i�i ~Pini ,, 1014 OCT 24 AM 11: 47 CUMBERLAND cooUiT Y PENNSYLVANIA TYLER KAYLOR, Minor, by and through IN THE COURT OF COMMON PLEAS his natural parent and guardian CUMBERLAND COUNTY, BARBARA KAYLOR, : PENNSYLVANIA Plaintiff, V. No. 14-6004 THOMAS M. KINNEY, SR. and PAULA L. KINNEY And, WALTER C. DANIELS and JANET E. DANIELS Defendants. ENTRY OF APPEARANCE Please enter the appearance of Michael R. Kelley, Esquire and Rachel R. Hadrick, Esquire as attorneys for Thomas M. Kinney, Sr. and Paula L. Kinney, in the above-captioned matter. McNEES ALLACE &NURICK LLC Date: October 23, 2014 Michael R. Kelley Attorney I.D. No. 58854 Rachel R. Hadrick Attorney I.D.No. 316383 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) E-mail: mkelley mwn.com CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 23rd day of October 2014, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Archie V. Diveglia, Esquire Diveglia& Kaylor, P.C. Two Lincoln Way West New Oxford, PA 17350 Walter C. Daniels Janet E. Daniels 11 Great White Drive Sebring, FL 33875-9764 5 (�"' A, el R. Hadrick Attorneys for Defendants Thomas M. Kinney, Sr. and Paula L. Kinney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his natural parent and guardian, Barbara Kaylor 555 Bentzel Road Lewisberry, PA 17339 Plaintiff, v. Thomas M. Kinney, Sr. and Paula L. Kinney 211 Beaver Drive Mechanicsburg, PA 17050 and, Walter C. Daniels and Janet E. Daniels 11 Great White Drive Sebring, FL 33875-9764 Defendants. Archie V. Diveglia, Esquire Attorney I.D. #17140 Diveglia & Kaylor, P.C. Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Fax: (717) 624-3851 CIVIL ACTION - LAW No. rt W C) JURY TRIAL DEMANDED VERIFIED MOTION FOR ADMISSION PRO HAC VICE FOR GEORGE RICHARD DIGIORGIO Submitted By: Archie V. Diveglia, Esquire TO THE HONORABLE, THE JUDGE OF SAID COURT: Pursuant to Rule 1012.1 of the Pennsylvania Rules of Civil Procedure, Archie V. Diveglia, a member of the Pennsylvania bar, moves for the special admission of George Richard DiGiorgio, a member of the Alabama bar, to appear Pro Hac Vice in the above captioned proceeding as counsel for the Plaintiff and avers in support as follows: Candidate, George Richard DiGiorgio, respectfully provides pursuant to Pa. R. C. P. 1012.1, the attached Verified Statement conforming to the requirements in that Rule. (Exhibit 1) 2. The Sponsor, Archie V. Diveglia, respectfully provides pursuant to Pa. R. C. P. 1012.1, the attached Verified Statement conforming to the requirements in that rule. (Exhibit 2) 3. The Candidate has paid his fee to the PA Interest on Lawyers Trust Account Board and is confirmed by their letter of PF6'14,3E2 /0 , 2014. (Exhibit 3) 4. The defendants Walter C. Daniels and Paula L. Daniels have not been served and are not yet represented by counsel. The defendants Thomas M. Kinney, Sr. and Paula L. Kinney are represented by Michael R. Kelley and Rachel R. Hadrick of McNees, Wallace & Nurick, LLC, located at 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166. 5. The candidate has submitted to the PA Interest on Lawyers Trust Account Board all information requested by that Board pursuant to 204 Pa. Code § 81.503. WHEREFORE, Plaintiff moves this Honorable Court to admit George Richard DiGiorgio as counsel Pro Hac Vice. Date: /2 '10 —41' Respectfully Submitted, DIVEGLIA KKAYLOR, P.C. Archie V. Diveglia, E.quir Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff EXHIBIT 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tyler Kaylor, Minor, by and through his natural parent and guardian, Barbara Kaylor 555 Bentzel Road Lewisberry, PA 17339 Plaintiff, v. Thomas M. Kinney, Sr. and Paula L. Kinney 211 Beaver Drive Mechanicsburg, PA 17050 and, Walter C. Daniels and Janet E. Daniels 11 Great White Drive Sebring, FL 33875-9764 CIVIL ACTION - LAW No. Defendants. JURY TRIAL DEMANDED VERIFIED STATEMENT OF GEORGE RICHARD DIGIORGIO I, George Richard DiGiorgio, hereby verify as follows: a. The Proposed Candidate is a member in good standing of the bar of the State of Alabama since 1981, ASB-0289-R72G, and the United States District Court for the North District of Alabama since 1981, ASB-0289-R72G. Candidate uses a variation of his name as G. Rick DiGiorgio. b. The proposed candidate has never been disbarred, suspended, or otherwise disciplined, or denied admission to practice, for any reason, in any state or federal court or its disciplinary authority or bar association, except: Candidate was the subject of a disciplinary action by the Alabama State Bar in 2002 for violation of Rule 1.7(a) for which a private reprimand was issued for choosing to represent an injured husband in a personal injury claim and refusing to continue the representation of the estranged wife for loss of consortium once they divorced. Candidate has had no other such disciplinary action. c. The proposed candidate is not presently seeking and, therefore does not have pending any other applications for Pro Hac Vice admission in Cumberland County. d. The proposed candidate is familiar with and agrees to comply with and be bound by the applicable statutes, case law and procedural rules of the Commonwealth of Pennsylvania, including the Pennsylvania Rules of Professional Conduct. e. The proposed candidate shall submit to the jurisdiction of the Pennsylvania Courts and Pennsylvania Disciplinary Board with respect to acts and omissions occurring during the appearance in the above -captioned matter. f. The proposed candidate has consented to the appointment of Archie V. Diveglia, an attorney of this State, in good standing, as the agent upon whom service of process shall be made for all actions including disciplinary actions that may arise out of the practice of law in the above captioned matter. g. The proposed candidate understands that admission Pro Hac Vice is for this one particular case and does not constitute formal admission to the bar. This statement and verification are made subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. George Richard DiGiorgio Cory, Watson, Crowder & DeGaris, P.C. 2131 Magnolia Avenue Suite 200 Birmingham, AL 35205 Proposed Candidate for Plaintiff EXHIBIT 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TYLER KAYLOR, Minor, by and : through his natural parent and • guardian, Barbara Kaylor • 555 Bentzel Road • Lewisberry, PA 17339, • Plaintiff : v. • THOMAS M. KINNEY, SR. and • PAULA L. KINNEY • 211 Beaver Drive : Mechanicsburg, PA 17050 • and, • WALTER C. DANIELS and JANET E. DANIELS 11 Great White Drive Sebring, FL 33875-9764, Defendants CIVIL ACTION - LAW No. 14-6004 CIVIL JURY TRIAL DEMANDED VERIFIED STATEMENT OF ARCHIE V. DIVEGLIA I, Archie V. Diveglia, a Pennsylvania attorney, and counsel of record in the above action, hereby verify as follows: 1. After reasonable investigation, I believe that G. Rick Digiorgio is a reputable and competent attorney and from my involvement with him in this case, I am in a position to recommend his admission pro hac vice in this matter. 2. Any proceeds from the settlement or verdict of the above matter, in which G. Rick Digiorgio is granted admission pro hac vice, shall be received, held, distributed, and accounted for in accordance to Rule 1.15 of the Pennsylvania Rules of Professional Conduct; including the IOLTA provision. 3. I have not sponsored G. Rick Digiorgio as a candidate on any other occasion. In my forty-two years of practice, I have sponsored only one other person as a candidate pro hac vice. This statement and verification are made subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: 0 -17 By: Archie V. Diveglia, Es Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350. (717) 624-2500 Attorney for Plaintiff EXHIBIT 3 2014/12/10 14:20:11 2 /2 :SUP ...E COURT OF PE INS LV; N k PENNSYLVANIA INTEREST: ON LAWYERS TRUST ACCOUNT BOARD December 10, 2014 George Richard DiGiorgio, Esq. Cory, Watson, Crowder, & DeGaris, PC 2131 Magnolia Ave. Birmingham, AL 35205 SENT TO G. Rick DiGiorgio VIA Email: rdigiorgioCa cwcd.com Dear Attorney DiGiorgio: This letter serves as the fee payment certification referenced in 204 Pa Code §81.503 and acknowledges receipt of the $200.00 fee paid by Check on this date related to your pursuit for admission pro hac vice in the case identified as Tyler Kaylor v. Thomas M. Kinney, Sr.,(et al), no. 2014-6004, filed in Court of Common Pleas of Cumberland County. You should refer to Pa Rule of Civil Procedure 1012.1, local court rules, and other regulations of 204 Pa Code §81.501 et. seq. concerning additional requirements related to seeking pro hac vice admission. Sincerely, Stephanie S. Libhart Executive Director cc: Archie V. Diveglia, Esq. (717)624-3851 ('r_nns.vi; ni;3 Judicial. t_' 33t:'.r 60t CD3`22"i3oil\ CH1:i3:','iii.., Si.'. 2:100 P(3 Box 624 i • t-tfii' i5i?l1 _ f'.( 1'7106-2..1-45 717i238-2001 - 5?ZS%1• ti-I°'i: t;l q2-4-652,', FAX t3cio[ ili? Aiac,.m .s.us • tivww.p:i:lo1.ta.r3i'g dtn2 flis:As.v ng .t eor,sy1. ;inia S .tf}l(a'4:..t 0:7 I:avkl,c.:1.s Trus:; .Account 001..T.AJ Pt.ogfam IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TYLER KAYLOR, Minor, by and through his natural parent and guardian, Barbara Kaylor 555 Bentzel Road Lewisberry, PA 17339, Plaintiff V. THOMAS M. KINNEY, SR. and PAULA L. KINNEY 211 Beaver Drive Mechanicsburg, PA 17050 and, WALTER C. DANIELS and : JANET E. DANIELS • . 11 Great White Drive • Sebring, FL 33875-9764, • Defendants • . CIVIL ACTION - LAW No. 14-6004 CIVIL JURY TRIAL DEMANDED ERTIFICATE OF SERVICE AND NOW, this y of December, 2014, I, Archie V. Diveglia, for DIVEGLIA 86 KAYLOR, P.C., hereby certify that a copy of the foregoing MOTION FOR ADMISSION PRO HAC VICE was served via first class mail, postage pre- paid, and addressed to the following: Michael R. Kelly, Esq. McNees Wallace and Nevich, LLC P.O. Box 1166 Harrisburg, PA 17108-1166 DIV KAYL P.C. Date: 12--IIBy: Arc V. Diveg a, Esr ire Attorney I.D. #17140 Two Lincoln Way We New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff TYLER KAYLOR, MINOR By and through his natural parent and guardian, Barbara Kaylor, Plaintiff v. THOMAS M. KINNEY, SR.,PAULA L. KINNEY WALTER C. DANIELS, and JANET E. DANIELS Couatp of Cunrberiattb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-6004 CIVIL TERM JURY TRIAL DEMANDED IN RE: VERIFIED MOTION FOR ADMISSION PRO HAC VICE FOR GEORGE RICHARD DIGIORGIO ORDER OF COURT AND NOW, this 29th day of December 2014, upon consideration of the Verified Motion For Admission Pro Hac Vice for George Richard Digiorgio, the Motion is GRANTED. BY Distribution: ✓ ie V. Diveglia, Esq. ✓G rge Richard Digiorgio, Esq. ichael R. Kelly, Esq. riz;1 LI) LaitaR/1. Tho s A. Placey C.P.J.