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HomeMy WebLinkAbout06-0875 SHOLLENBERGER & JAN UZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiffs WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Dlo - P'lS CluiU8<.kvL EUGENE R. LONGENECKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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 after 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiffs WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. EUGENE R. LONGENECKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA y. NO. 01.. -prs Ctc.)~CT~ EUGENE R. LONGENECKER, Defendant CIVIL ACTION - LAW JURY TRIAL COMPLAINT AND NOW, comes the Plaintiffs, WANITA PERSHING and KEVIN PERSHING, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, WAN ITA PERSHING, is an adult individual who currently resides at 3050 OLD TRAIL # 32, YORK HAVEN, York County, Pennsylvania. 2. Plaintiff, KEVIN PERSHING, is an adult individual who currently resides at 3050 OLD TRAIL #32, YORK HAVEN, York County, Pennsylvania. 3. Plaintiffs, WANITA and KEVIN PERSHING, have been married since May 18,1991. 4. Defendant, EUGENE R. LONGENECKER, aka, Eugene R. Longenecker, Jr., is an adult individual whose last known address is 201 HORSESHOE DRIVE, ANNVILLE, Lebanon County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on AUGUST 21,2004, at or about 10:40 p.m. at about 463 NORTH ENOLA ROAD, Enola, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, WANITA PERSHING, was the front seat passenger in a 1998 CHEVROLET K1500 PICKUP owned and driven by Kevin Pershing. 7. At the aforesaid time and place, Defendant, EUGENE R. LONGENECKER, was the operator of a 2001 CHEVROLET TAHOE. 8. At the aforesaid time and place, Plaintiff, KEVIN PERSHING, was operating the CHEVROLET K1500 PICKUP South on North Enola Road, Enola, Cumberland County, Pennsylvania. 9. At the aforesaid time and place, Defendant, EUGENE R. LONGENECKER, was operating the 2001 CHEVROLET TAHOE South on North Enola Road and struck the rear of the Plaintiffs' vehicle while stopped at a red traffic signal. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant EUGENE R. LONGENECKER, in operating the 2001 CHEVROLET TAHOE in a careless, reckless and negligent manner: a. In failing to have his vehicle under proper and adequate control; b. In failing to apply the brakes in the time to avoid the collision; c. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the plaintiff. d. In failing to observe the Plaintiffs vehicle on the highway; e. In failing to keep a reasonable look-out for other vehicles lawfully on the road; and f. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code. 11. As a result of the aforesaid collision, Plaintiff, WANITA PERSHING, has suffered serious injuries, including but not limited to the following: a. Cervical strain b. Trapezius strain c. Lumbar strain d. Cervical segmental dysfunction. [739.1] e. Thoracic segmental dysfunction. [739.2] f. Pelvic segmental dysfunction. [739.5] g. Rib cage costochondral region [739.8] 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, WANITA PERSHING, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, WAN ITA PERSHING, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, WAN ITA PERSHING, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, WAN ITA PERSHING, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, WAN ITA PERSHING, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17. As a further result of this collision, Plaintiff, WANITA PERSHING, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, WANITA PERSHING, has incurred or may hereinafter incur financial expenses and losses, which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Plaintiff, WANITA PERSHING, was insured on a policy of insurance issued to her husband by State Farm Indemnity Company bearing policy number 7128- 773-38G, which was in effect on the accident date of August 21,2004. Plaintiff selected the full tort option regarding that policy. Therefore, Plaintiff, WANITA PERSHING remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, WANITA PERSHING, demands judgment against Defendant, EUGENE R. LONGENECKER, aka, EUGENE R. LONGENECKER, JR., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II KEVIN PERSHING v. EUGENE R. LONGENECKER 20. Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. As a further result of injuries sustained by his wife, Plaintiff, KEVIN PERSHING, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, KEVIN PERSHING, demands judgment against Defendant, EUGENE R. LONGENECKER, aka, EUGENE R. LONGENECKER, JR., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, Do:kd ~ /q /oto . . VERIFICATION I, W'8.(/ ;-fa Pel5h;^!!1, hereby acknowledge that I am a Plaintiff in this action and that I have read the CompJ;JltJt- and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 2-9-06 .., G:\GLOBAL\WPDATAIDOCS\INITIAL CONSULT DOCS (SET-UPS)lVerificaUon.wpd mUIlUIUI 5 mUll. ur 1111 unlOn'.IIU_ I.l nil"" _IIIUII111. n 11111-111I nUl nl-utl _III nUl m..tIll -p (:) ~ ~ ~ (J( 1-..) \1=- lrt ,.'.'" (:) c_ ..-:~ -0 ~1 --;1 frt r~\ j:ll ~ CJ .-,.., - Q - ~ W ,-, \) -J -.~7 t., rr- ~ . <f- ,- , , r) ~ t r< .-<. --l SHOLLENBERGER & JAN UZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiffs WAN ITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-875 EUGENE R. LONGENECKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint against the Defendant Eugene R. Longenecker. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Ti By: Dated: March 3, 2006 \ !-', \- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs, CIVIL DIVISION NO. 06-875 Civil Term v. PRAECIPE FOR APPEARANCE EUGENE R. LONGENECKER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, LL.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs, CIVIL DIVISION NO. 06-875 Civil Term v. (Jury Trial Demanded) EUGENE R. LONGENECKER, Defendant. PRAECIPE FOR APPEARANCE 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 Defendant, Eugene R. Longenecker, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L. .P. evin D. auch, Esquire Counsel for Defendant By: . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this~-3'..\-Lday Of~'-....c- ~.'---" ,2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evin D. Rauch, Esquire Counsel for Defendant r<1 .'-' , ~, .;..,--. (-., .~11 ..J ~,--' ill -..J :..) -,.--, (-" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs, CIVIL DIVISION NO. 06-875 Civil Term v. ANSWER AND NEW MATTER EUGENE R. LONGENECKER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from seN' e her for 'udgment m n gai you. 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 #14501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs, CIVIL DIVISION NO. 06-875 Civil Term v. (Jury Trial Demanded) EUGENE R. LONGENECKER, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Eugene R. Longenecker, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., 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 Defendant has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict proof thereof is demanded at the time of trial. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict proof thereof is demanded at the time of trial. 4. Denied as stated. The Defendant's current address is 200 Townsend Drive, Apt. 6, Hummelstown, Pennsylvania 17036. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Ad mitted in part, denied in part. It is admitted that the Defendant negligently operated his vehicle on the time, date, and place of the subject accident. The remaining allegations in Paragraph 10 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. 11. Paragraph 11 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. 12. Paragraph 12 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. 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 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. 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, Defendant, Eugene R. Longenecker, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT II KEVIN PERSHING V. EUGENE R. LONGENECKER 20. In response to Paragraph 20, the Defendant reiterates and repeats all of his responses in Paragraphs 1 through 19 as if fully set forth at length herein. 21. Paragraph 21 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, Defendant, Eugene R. Longenecker, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 22. 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, 23. Some and/or all of Plaintiffs 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. 24. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 25. This Defendant pleads 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, Defendant, Eugene R. Longenecker, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendant 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 furnished 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. 94904, relating to unsworn falsification to authorities. Date: 1- ')~-~~ #14501 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. Mail to counsel of record via first class mail, postage pre-paid, this ~ day of t1l~ ' 2006. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ,.,., <:::::> <:.:::> 0""\ ::rt :t... -< o .." ~:n :oFn _n? .r-' ':--'c :Ti./ (),~:d .:~C) oni 1;! :u -< o -0 ::i: w N (.)1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND . PERSHING WANITA ET AL VS LONGENECKER EUGENE R 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: LONGENECKER EUGENE R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within COMPT,NOTC, INTERR, REQ P On March 1st , 2006 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Dep Lebanon County Postage 18.00 9.00 10.00 31.50 3.27 71.77 03/01/2006 SHOLLENBERGER ~o._~:~:: ~ R. 'Thomas Kline Sheriff of Cumberland County & JANUZZI Sworn and subscribed to before me this .:;/_ day of~ """ AD~ (J/JA ( Prot y In The Court of Common Pleas of Cumberland County, Pennsylvania Wan ita Pershing et al ", VS. Eugene R.. Longenec:ker No. 06-875 civil N February 15. 2006. ow, , I, SHERIFF OF CUMBERLAND COUNTY, PA. do hereby deputize the Sheriff of Lebanon. County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~t'<:~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20-, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , COSTS SERVICE MILEAGE AFFIDAVIT $ ,20_ $ AFFIDAVIT OF SERVICE , CML COMPLAINT. No. 06-875 Lebanon, PA February 23, 2006 Cumberland County Sheriff's Office One Courthouse Square Carlisle, PA 17013 WANITA PERSHING and KEVIN PERSHING Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millenium Way Enola, PA 17025 (717) 728-3200 vs. Docket Page 23269 EUGENE R. LONGENECKER COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) Deborah A. Miller, Chief Deputy Sheriff, being duly sworn according to law, deposes and says that she attempted to serve the within CML COMPLAINT upon EUGENE R. LONGENECKER, the within named Defendant, and who says that after due and diligent search by her having been made in this bailiwick, and having exhausted all known facets to locate defendant, as stipulated under Rules of Civil Procedure, Rule 430, "good faith effort," she was unable to find EUGENE R. LONGENECKER, the within named DEFENDANT, and she therefore returns "NOT FOUND" as to the said Defendant. NOTE: Defendant now resides at 200 Townsend Drive, Apartment 6, Hummelstown, Dauphin County, PA 17036, Phone: 717-566-5062. ~n '1fakiw.r NOTAlUAI. SSAL IfaryaDIIIIIIcDW,Notary Public aEy of LebaDoD, LebaDon County W'I' Collllllission!!%pires july 23, 2006 Notary Public SO ANSWERS, ;e;~,f. h;~ mar DEPUTY SHERIFF *L.P 3. fdJL~ ~~ c--U mar Sworn to and subscribed before me this 23rd day of February, A.D., 2006 SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advance Costs Costs Incurred Refund Check #9807, Receipt #57578 Check #18362 Amount Amount Amount $100.00 31.50 $ 68.50 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L. 1072 "" SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2006-00875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERSHING WANITA ET AL VS LONGENECKER EUGENE R 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: LONGENECKER EUGENE R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 3rd , 2006 , this office was in receipt of the attached return from DAUPHIN as Kline ff of Cumberland County sheriff's Costs: Docketing 18,00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 Postage 4.32 78.57 04/03/2006 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this It -tt day of d..O () ~ JAil If y ... :../ In The Court of Common Pleas of Cumberland County, Pennsylvania Wanita Pershing et a1 VS. Eugene R. Longenecker 06-875 civil No. Now, March 15. 2006 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. " ..r~ .,<~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA , COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of ,20_ $ . . @ffitt of tlt~ ~4~riff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PERSHING WANITA vs County of Dauphin LONGENECKER EUGENE R Sheriff's Return No. 0437-T - -2006 OTHER COUNTY NO. NO. 06-875 AND NOW:March 27, 2006 at 12:40PMserved the within NOTICE & COMPLAINT, REINSTATED upon LONGENECKER EUGENE R by personally handing to EUGENE R LONGENECKER 1 true attested copy(ies) of the original NOTICE & COMPLAINT, REINSTATED and making known to him/her the contents thereof at 200 TOWNSEND DRIVE HUMMELSTOWN, PA 17036-0000 Sworn and subscribed to before me this 27TH day of MARCH, 2006 So Answers, Jfc#L Sheriff of ~in Co~~, Pa. , ,_ , 1c.I~ ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Deputy Sheriff Sheriff's Costs: $37.25 PD 03/17/2006 RCPT NO 215815 TW .. 1.. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-875 EUGENE R. LONGENECKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Please mark the above-captioned matter as discontinued, settled, and satisfied. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Date: November 15, 2006 .. ... SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff WANITA PERSHING and KEVIN PERSHING, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-875 EUGENE R. LONGENECKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 15th day of November, 2006, I hereby certified I have served the foregoing document on the following by forwarding a true and correct copy of same via United States mail, postage pre-paid, addressed to: Jason P. Wrona, Esquire Summers McDonnell Hudock Gothrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Respectfully submitted, SHOLLE ERGER & JANUZZI, LLP G:\TIM CASE FILES- OPEN\Pershing. Wanita\Pleadings\111506 praecipe to settle [ah].doc 2 Shollenberger & Januzzi, 2225 Millennium Way, Eno/a, PA 17025 717-728-3200 t"'---) ':.~? C) C..5 -n (,f" c::.) ~.:: -- <.....! r---.:; 1 '::1 ~1~ r~0 ';1:J u' -;::.