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Home My WebLink About06-2023 Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, P A 1711 0-0950 (717) 232-5000 - phone (717) 236-1816 - fax ahdowling@mette.com Attorneys for Plaintiff; HALINA D. MONCZYN and LEONARD LEMIEUX, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. ()~ - 202 3 BARBARA J. EUBANKS, Defendant CIVIL TERM 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 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (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 demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 445798v1 Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - phone (717) 236-1816 - fax ahdow1ing@mette.com Attorneys for Plaintiffs HALINA D. MONCZYN and LEONARD LEMIEUX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL TERM BARBARA J. EUBANKS, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Halina D. Monczyn and Leonard Lemieux, by their attorneys, Mette, Evans & Woodside, and file this Complaint and aver as follows: 1. Plaintiff Halina D. Monczyn is an adult individual residing at 32 Summer Drive, Dillsburg, York County, Pennsylvania, 17019. 2. Plaintiff Leonard Lemieux is an adult individual residing at 32 Summer Drive, Dillsburg, York County, Pennsylvania, 17019. 3. Plaintiffs Leonard Lemieux and Halina D. Monczyn are husband and wife. 4. Defendant Barbara J. Eubanks is an adult individual residing at 112 Spring Road, Dillsburg, Yark County, Pennsylvania, 17019. 5. The accident hereinafter related occurred on September 23, 2004 at approximately 9:00 p.m. at the intersection of South Market Street and East Lisburn Road, Upper Allen Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff Halina D. Monczyn was operating a 1997 Honda Civic traveling southbound on South Market Street. 7. At the aforesaid time and place, Plaintiff Leonard Lemieux was a front-seat passenger in the vehicle driven by Plaintiff Halina D. Monczyn. 8. At the aforesaid time and place, Defendant Barbara J. Eubanks was operating a 1999 Oldsmobile van that was stopped at a stop sign on East Lisburn Road at the intersection of South Market Street. 9. At the aforesaid time and place, Plaintiffs had the right of way. 10. At the aforesaid time and place, Defendant Barbara J. Eubanks pulled out from a stopped position and violently crashed into the vehicle driven by Plaintiff Halina D. Monczyn with Plaintiff Leonard Lemieux as a front-seat passenger, causing Plaintiffs vehicle to leave the roadway and strike a telephone pole. II. As a direct result of the aforementioned accident, the Plaintiffs suffered serious and permanent injuries as hereinafter related. 2 12. The negligence, carelessness and/or recklessness of Defendant Barbara J. Eubanks consisted of the following: a) pulling out from a stopped position without first ascertaining a clear view of oncoming traffic; b) pulling out into right of way traffic; c) operating her vehicle in violation of Sec. 3323(b) of the Vehicle code; and, d) operating her vehicle in careless disregard for the safety of others. 13. As a direct result of the Defendant's negligence, carelessness and/or recklessness, Plaintiffs suffered the following injuries and damages as hereinafter described. COUNT I HALINA D. MONCZYN V. BARBARA J. EUBANKS 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. As a direct result of the Defendant's negligence, carelessness and/or recklessness, Plaintiff Halina D. Monczyn suffered the following injuries and damages: a) clavicle fracture; b) second degree chemical bums on her arms and hands; c) sternal contusion; d) muscle strain/sprain to her thoracic back, shoulders and neck; e) chronic pain in the left shoulder region; e) pain and weakness of the left upper extremity; f) pain and tingling in the neck into left hand; g) painful physical therapy; 3 h) past lost wages, including civilian and military; i) restrictive military duty resulting in inability to report for military deployment; j) loss of future wages and earning capacity; and k) past medical bills 16. As a direct result of the negligence, carelessness and/or recklessness, Plaintiff Halina D. Monczyn suffered serious and permanent injuries and damages as set forth above. WHEREFORE, Plaintiff Halina D. Monczyn, demands judgment in her favor and against Defendant Barbara J. Eubanks in an amount in excess of $35,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. COUNT II LEONARD LEMIEUX V. BARBARA J. EUBANKS 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. As a direct result of the Defendant's negligence, Plaintiff Leonard Lemieux suffered losses of companionship, comfort, society, services and other forms of consortium of his wife, Plaintiff Halina D. Monczyn. WHEREFORE, Plaintiff Leonard Lemieux, demands judgment in his favor and against Defendant Barbara J. Eubanks in an amount in excess of $35,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. COUNT III LEONARD LEMIEUX V. BARBARA J. EUBANKS 19. Paragraphs 1 through 13 are incorporated herein by reference. 4 20. As a direct result of the Defendant's negligence, carelessness and/or recklessness, Plaintiff Leonard Lemieux suffered the following injuries and damages: a) rib fracture; b) chest pain; c) abdominal scar due to seat belt; d) lacerated and swollen knees; e) chronic pain and stiffness in his knees; t) past lost wages, including civilian and military; and g) past medical bills 21. As a direct result of the negligence, carelessness and/or recklessness, Plaintiff Leonard Lemieux suffered serious and permanent injuries and damages as set forth above. WHEREFORE, Plaintiff Leonard Lemieux, demands judgment in his favor and against Defendant Barbara J. Eubanks in an amount in excess of $35,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. COUNT IV HALINA D. MONCZYN V. BARBARA J. EUBANKS 22. Paragraphs 1 through 13 and 19 through 21 are incorporated herein by reference. 23. As a direct result of the Defendant's negligence, Plaintiff Halina Monczyn suffered losses of companionship, comfort, society, services and other forms of consortium of her husband, Plaintiff Leonard Lemieux. 5 WHEREFORE, Plaintiff Halina D. Monczyn, demands judgment in her favor and against Defendant Barbara J. Eubanks in an amount in excess of $35,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. Respectfully submitted, METTE, EVANS & WOODSIDE ~ By: Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Halina D. Monczyn and Leonard Lemieux Date: 6 VERlFICA T.ION I, Leonard Lemieux, have read the foregoing Complaint and verify that the facts s1t ., forth herein are true and correct to the best of my knowledge, information and belief. To the i , ex.tent that the foregoing document 8nd/ol' its language is that of counsel, I have relied upon counsel in malting rllis Verifica1l.on. I I I understand rllat any false statem.ell.ts made herein are subject to the penalties of 18 I i Pa. C.S.A. g4904 relating to unsworn falsification to authorities. DATED: ~ "3 i "l..Ub (., ~ Pd . ARD LEMIEU r... , 1 i , 1 VERIFICATION I. HaUna D. Monezyn, have read the foregoing Complaint and verify tl:W the facts sdt i forth herein are true and correct to the best of my knowledge, information an.d belief. To tht extent that the foregoing document and/or its language is that of counsel, I ho.ve relied UPo* counsel in making 1his Verificatlon. i II , I understand that any false statements made herein are subject to the penalties of 1.$ Pa. C.S.A. ~904 relating to unsworn falsification. to authorities. DATED: :3 if r (/;6 \.J "fJC;-~-:> ~ ~'i+ ,~. ~ \J' . c:JO~ D \.5\ S -- ..-- . ~ ~ c-. ~ ::> ~ ,..-', -"1 .~.-\ - '-'~ CJ ~<:' ~ " -.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. ISSUE: PRAECIPE FOR ENTRY OF APPEARANCE Filed on behalf of Defendant: BARBARAJ.EUBANKS Counsel of Record: Louis C. Schmitt, Jr., Esquire PA. I.D. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify that of the with' counselofrecor: April, 6. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARAJ.EUBANKS, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE Enter my Appearance on behalf of Barbara J. Eubanks. TO: PROTHONOTARY Papers may be served at the address set forth below. MciNTYRE, HARTYE & SCHMITT Louis C. Schmitt, Jr., Esquire PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 PH: (814) 696-3581 FAX: (814) 696-9399 Date: April 24, 2006 r'-",,) C~:::J c-_-;) (.-:>'~ ...., \..-.....- -11 --I ~~ fTI =-s~:: '..1 :;~:). t"'-' _J (') i"\"1 G~) (:E.... @OOD@Jn~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. ISSUE: ANSWER AND NEW MATTER Filed on behalf of Defendant: BARBARAJ.EUBANKS Counsel of Record: Louis C. Schmitt, Jr., Esquire PA. I.D. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes defendant Barbara J. Eubanks, by and through her attorneys, Mcintyre, Hartye & Schmitt, and files the following Answer and New Matter in response to plaintiffs' Complaint, saying as follows: 1. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 1 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 2. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 2 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 3. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 3 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Admitted. 6. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 6 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 7. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 7 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. The allegations contained in Paragraph 9 of plaintiffs' Complaint constitute conclusions of law to which no response is required. 10. The allegations contained in Paragraph 10 of plaintiffs' Complaint are admitted in part and denied part. It is admitted only that at the time and place referenced in plaintiffs' Complaint, defendant Barbara J. Eubanks pulled out from a stopped position at which time her motor vehicle was involved in a collision with another motor vehicle. The remaining allegations contained in Paragraph 10 of plaintiffs' Complaint constitute conclusions of fact and/or law to which no response is required. In the event a response may be required, those allegations are denied, and strict proof thereof is demanded at the time of trial. 11. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 11 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 12. Denied. a) through d) denied. 13. Denied. COUNT I 14. By way of response to the allegations contained in Paragraph 14 of plaintiffs' Complaint, defendant hereby incorporates by reference her responses to Paragraphs 1 through 13 thereof, as if fully set forth herein. 15. Denied. a) through k) denied. 16. Denied. WHEREFORE, defendant Barbara J. Eubanks denies any and all liability to the plaintiffs upon Count I of their Complaint, and respectfully requests that this Honorable Court enter judgment in her favor, with prejudice. COUNT II 17. By way of response to the allegations contained in Paragraph 17 of plaintiffs' Complaint, defendant hereby incorporates by reference her responses to Paragraphs 1 through 16 thereof, as if fully set forth herein. 18. Denied. WHEREFORE, defendant Barbara J. Eubanks denies any and all liability to the plaintiffs upon Count II of their Complaint, and respectfully requests that this Honorable Court enter judgment in her favor, with prejudice. COUNT III 19. By way of response to the allegations contained in Paragraph 19 of plaintiffs' Complaint, defendant hereby incorporates by reference her responses to Paragraphs 1 through 18 thereof, as iffully setforth herein. 20. Denied. 21. Denied. WHEREFORE, defendant Barbara J. Eubanks denies any and all liability to the plaintiffs upon Count 1/1 of their Complaint, and respectfully requests that this Honorable Court enter judgment in her favor, with prejudice. COUNT IV 22. By way of response to the allegations contained in Paragraph 22 of plaintiffs' Complaint, defendant hereby incorporates by reference her responses to Paragraphs 1 through 21 thereof, as if fully set forth herein. 23. Denied. WHEREFORE, defendant Barbara J. Eubanks denies any and all liability to the plaintiffs upon Count IV of their Complaint, and respectfully request that this Honorable Court enter judgment in her favor, with prejudice. NEW MATTER By way of further answer to the allegations contained in plaintiffs' Complaint, and in support of her defenses against those allegations, defendant Barbara J. Eubanks sets forth the following statements in New Matter. 24. Defendant hereby raises and asserts the rights, privileges, defenses, and immunities provided to her within Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A.~1701, et seq. WHEREFORE, defendant Barbara J. Eubanks denies any and all liability to the plaintiffs upon their Compliant, and respectfully requests that this Honorab espectfully submitt , MclN ~. E & SCHMITT judgment in her favor, with prejudice. LOUI C CHMITT, JR., ESQUIRE PA I . 0.52459 P. O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (814) 696-9399 - FAX Notice to Plead To: Plaintiffs You are hereby notified to e a written response to the closed NEW MATTER within twenty (2 a from or a. dgment may ain you. ~ . . . File No. PG 254 NH VERIFICATION I, Barbara J. Eubanks, do hereby verify that I have read the foregoing Answer and New Matter. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn fabrication to authorities, which provides that if I make knowingly false averments I may be subject to criminal penalties. ~0Jt1~ ~ Barbara J. Eubanks Date: 5A;Jo (16 o C ::~v I' r--;> .-::~ ::.:..;::']- cr' o -n ~ :1:.." rn- -r:J Fn :':Jv ,. ~." I ....._..~C) ~J::r; c::> -- ~~M .......'""> :;0 -< ~ .."~,,,jf1 -" 0...0 -0 -". __i",. ~-- (.;) ....-.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. ISSUE: NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS, HALlNA D. MONCZVN AND LEONARD LEMIEUZ Filed on behalf of Defendant: BARBARAJ.EUBANKS Counsel of Record: Louis C. Schmitt, Jr., Esquire PA. I.D. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify that a true correct copy of the within w ailed to all counsel of r t . 31 ST day of Ma v:-- Attorney for Defendant ../' , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. JURY TRIAL DEMANDED NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS, HALlNA D. MONCZVN AND LEONARD LEMIEUX - DATED MAY 31.2006 TO: PROTHONOTARY You are hereby notified that on the 31sT day of May,2006 , Defendant, Barbara Eubanks served Interrogatories and Request for Production of Documents Directed to Plaintiff Halina D. Monczyn and Interrogatories and Request for Production of Documents Directed to Plaintiff Leonard Lemieux, by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant, Barbara Eubanks Louis C. Schmitt, Jr., Esquire PA I.D. No.: 52459 P. O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 1 o s:.~ r-:l c:-...> (".::~~) t,:"-" C) -n :I! "'""Ii I'll r= ~~~S1i , i:~ ~~_~-.~ \ ~.~.~ ~~~> ~_ J c"-:;fC ~" , -~'1 r~_-", ":0 :-< c_ c:: ......~"',. -..,.... I VI 2: ~.. C5 ., c:: c'O . .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, ISSUE: NOTICE OF DEPOSITIONS VS. BARBARA J. EUBANKS, Defendant. Filed on behalf of Defendant: BARBARAJ.EUBANKS Counsel of Record: Louis C. Schmitt, Jr., Esquire PA. 1.0. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. JURY TRIAL DEMANDED NOTICE OF DEPOSITIONS TO: HALlNA D. MONCZYN and LEONARD LEMIEUX, Plaintiffs c/o Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Please take notice that the depositions of Plaintiffs, HALlNA D. MONCZVN and LEONARD LEMIEUX, shall be taken upon oral examination by an official Court Reporter at the offices of METTE. EVANS & WOODSIDE, 3401 North Front Street, Harrisburg, PA on the 28th day of JUNE. 2006, commencing at 11:00 A.M. The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. . You are invited to attend and participate. Attorney for Defendant Louis C. Schmitt, Jr., Esquire PA 1.0. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 ..- C' .~ .0<'. (-:~ ....- o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs, No. 06-2023 ISSUE: AMENDED NOTICE OF DEPOSITIONS HALlNA D. MONCZYN and LEONARD LEMIEUX, vs. BARBARA J. EUBANKS, Defendant. Filed on behalf of Defendant: BARBARAJ.EUBANKS Counsel of Record: Louis C. Schmitt, Jr., Esquire PA. 1.0. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify that a true and correct copy of the within was mailed to all counsel of record this 30th day of June, 2006. d/;;-rtLC ~~ .- Attorney for efendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HAlINA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. JURY TRIAL DEMANDED AMENDED NOTICE OF DEPOSITIONS TO: HALlNA D. MONCZVN and LEONARD LEMIEUX, Plaintiffs c/o Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Please take notice that the depositions of Plaintiffs, HALINA D. MONCZVN and LEONARD LEMIEUX, shall be taken upon oral examination by an official Court Reporter at the offices of METTE, EVANS & WOODSIDE, 3401 North Front Street, Harrisburg, PA on the 25th day of JULY, 2006, commencing at 11:00 A.M. The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. You are invited to attend and participate. MciNTYRE, HARTYE & SCHMITT d~~7fA L4^I~~... 'A orney for Defen nt Louis C. Schmitt, Jr., Esquire PA 1.0. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 ,-\ c_- -c i" ~-'I'\ \ U" --' ~" " ........ r:'? ~.- ...;:- , SHERIFF'S RETURN - OUT OF COUNTY ~ CASE NO: 2006-02023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONCZYN HALINA D ET AL VS EUBANKS BARBARA J 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: EUBANKS BARBARA J but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 5th , 2006 , this office was in receipt of the attached return from YORK Sworn and 18.00 9.00 10.00 103.10 2.15 142.25 05/05/2006 METTE EVANS ~ODSIDE tl3 ;tJotJ C~ subscribed to before me ~ . Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage this day of A.D. Prothonotary . . COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN ..,r.... !l~.lu~1j ',., ~..". """". ".' . 1 PLAINTIFF/Sf Ha1ina D. Moncz n and Leonard Lemieux , DEFENDANT/51 C I C A Barbara J. Eubanks Civil Complaint SERVE { 5 NAME OF INDIVIOUAl. COMPANY, CORPORATION. ErG TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED. OR SOLD .. Barbara J. Eubanks 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORD. TVIIP. STATE AND liP CODE) AT 112 Spring Road, Di11sburg, PA 17019 1 INDICATE SERVICE- .& PERSONAL lJ PERSON IN CHARGE )f>>EPUTIZE 1.11ST CLASS MAil U POSTED U OTHER NOW "rr; 1 11 , 20~ I, SHERIFF COUNTY, PA, do hereby deputize the sheriff of Vnrk COUNTY to execute this to law. This deputization being made at the request and risk of the plaintiff., 2 COURT NUMBER .. TYPE OF VVRIT OR COMPLAINT .. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ffflI'f'Cf{) F CO U N T Y ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or 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 attachment. wrthout liabclity on the part of such deputy Of the sheritf 10 any plaintiff herein for any lou, deslfUdion. or removal of any property belore sheri"'s sale thereof 8. TYPE NAME and ADDRESS of ATTORNEY I ORIGINA ::':;'d;;'A T~~. Andrew H. Dowling, Esquire ~ 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADORES 16 HOW SERVED 10 TELEPHONE NUMBER - 32-5000 11 DATE FILED ~/; tie Mette, Evans & Woodside, Front St., P.O. Box 5950, SHERIFF sPACE 13. I acknowledge receipt of the writ or_,as_ledo"" MJ MCGILL YCSO 15 EXpirabOnlHearing Date 5-10-2006 RESIDENC POSTED ( POE( ) SEE REMARKS BELOW 22. REMARKS' 23. Advance Costs $100.00 'l'!IIIeHi~ RI. Chk.4f<glf~ Check No 4'. AFFIRMED 42. day-at 4S 48 Signalule of FOfeign County Shenff 50. I ACKNO'A\.EOGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUT~IZED ISSUING AUTHORITY AND TITLE NOTAR I NOTARY LISA L BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG, 12,2009 HOSE ~ 47 /2/06 49 DATE 51 DATE RECEIVED ,. WiITE -ls5umgAuthofity 2. PINK. AltOIney 3. CANARY. Sheri".s Office 4. BlUE -Shenlrs Office .....>.;;;~:.:..' ....,"'l~,. ~ " ~t':':: i ZE:J c:I Z I UdV qOOl 'Jd '\itjO,~ ..;j.:llli3HS3HJ ,jrl:;:U.lO 03lN383u' " '\ ~ ,- COUNTY OF YORK OFFICE OF~THE SHERIFF 45 N. GEO~ST"YORK;PA 17401 ..... SERVICE CALL (717) 771-%01 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT Of RETURN , " '="..~ ,', . ~,'~.~'.1Y _Y'l.lNl~1~'12 , , 1 '.........."" ~ _v .. ~.:'~:~t~~~~l~~"""~~:~", ..,: 2 COURT NUMBER _'0'1 ~i"i 1 .. TYPE OF WRIT OR COMPLAINT 1 PLAINTIFffS/ Halina D. Moncz n and Leonard Lemieux , DEfENDANT/S! C I C A Barbara J. Eubanks Civil Complaint SERVE { 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATIACHED, OR SOLO ... Barbara J. Eubanks ,A'T '~~', "r~~D~;~~~~EE~:;;O ;;~;Z~:::ER~;::l;~';TY ~ORO ~ STATE,A~D ZIP CODE} , L 7. INDICATE SERVICE ltI PERSONAL 0 PERSON IN CHARGE ~EPUTIZE U CERT LJ ,ST CLASS MAll U POSTED '..J OTHER NOW IIpri 1 11 . 20~ I, SHERIFF C UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this W ' . . ording to law. This depulization being made at the request anI!: risk of the plaintiff, . a. I. SPEClAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIHG~trrCI() F ADVANCE FEE PAID BY ATTY. COUNTY SHERifF 0_ , Please mail return of service to Cunbfrrland County Sheriff. 'Thank you. 11 OATE FILED '51.1", cl€ ~.4 t:l. , feceipt of the writ or c:ompIaint 8$ indicated a~ M,} SEE REMARKS BELOW " 22. REMARKS. L3!!l"} ij!J'b ru ChK.H~3T(6I.D 23. Advance Cos,ts $100.00 34. f_" County C..... 42 ~",or Mil Y .~ '",""!;. j 1 1. WinE -lsaumgAuthofity 2. PINK -AtloInev 3. CANARY - Stlefifr's Office 4. BLUE - ~sOffice , -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX. Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. I hereby certify tha e and correct copy of the wit' as mailed to all counsel 0 a this 31sT day of ~~om No. 06-2023 ISSUE: NOTICE OF SERVICE OF : ANSWERS TO PLAINTIFFS' : INTERROGATORIES AND RESPONSES : TO PLAINTIFFS' REQUEST FOR : PRODUCTION OF DOCUMENTS Filed on behalf of Defendant: BARBARA J. EUBANKS Counsel of Record: Louis C. Schmitt. Jr.. Esquire PA. 1.0. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED J -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. JURY TRIAL DEMANDED NOTICE OF SERVICE OF ANSWERS TO PLAINTIFFS' INTERROGATORIES AND RESPONSE TO PlAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT. BARBARA J. EUBANKS TO: PROTHONOTARY You are hereby notified that on the 31sT day of July, 2006 ,Defendant, Barbara Eubanks served Answers to plaintiffs' Interrogatories and Response to plaintiffs' Request for Production of Documents Directed to Defendant, Barbara J. Eubanks, dated May 31, 2006, by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant, Barbara Eubanks Louis C. Schmitt, Jr., Esquire PA 1.0. No.: 52459 P. O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 t~i (. \.-~, . .. PRAECIPE FOR LISTING CASE FOR TRIAL ~ ORIGINAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: i:8J for JURY trial at the next term of civil court. o for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be staled in full) (check one) i:8J Civil Action - Law o Appeal from arbitration o (other) HALINA D. MONCZYN AND LEONARD LEMIEUX. Plaintiffs vs. The trial list will be called on October 10. 2006 BARBARA J. EUBANKS, Trials commence on November 6. 2006 Defendant Pretrials will be held on October 19. 2006 (Briefs are due 5 days before pretrials No. 06-2023 2006 Term Indicate the attorney who will try case for the party who files this praecipe: Andrew H. Dowlimz. Esauire Indicate trial counsel for other parties if known: Louis C. Schmitt. Ir.. Esauire This case is ready for trial. ~' .,,_..,~- ..... Signed: Print Name: Andrew H. Dowlinl!. Esauire Date: August 30, 2006 Attorney for: Plaintiffs .. -." CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Louis C. Schmitt, Jr., Esquire McIntyre, Hartye & Schmitt P. O. Box 533 Hollidaysburg, P A 16648 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~_f~ Andrew H. Dowling, Esquire Sup. Ct. tD. No. 39692 --- 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Halina D. Monczyn and Leonard Lemieux Date: August 30, 2006 455331vl (") s; ~~ -.JL'- rl".l'" .-7.-' ~;p \~ (:9 . r~t", 7-:;(_ !f;::C) ':PC ~ .- , . <;;:g c:.:;> CT" (/) r"'1 -0 \ 0' " ~ Q, -' :r:-n rn r:: .."m ":P't '~~ '.J '::::"..- ;e; !i - - - ...0 HALINA D. MONCZYN and LEONARD LEMIEUX, Plaintiffs v BARBARA J. EUBANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-2023 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 10th day of October, 2006, upon consideration of the call of the civil trial list, and the stricken from the trial list. above-captioned case not having been called for trial, it is ~ew H. Dowling, Esquire 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 For Plaintiff ~iS C. Schmitt, Jr., Esquire P.O. Box 553 Hollidaysburg, PA 16648-0533 For Defendant ~ Court Administrator :mae By the Court, ...... 6:.: :<'( b UJ-;- ~~~ ~l".__.. (1_ . D_ u.:UJ F ~ 1.0 tn >. N ":C 0- M N \- e..;;. o ...a (= = """ v @OOD@U_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HALlNA D. MONCZYN and LEONARD LEMIEUX, No. 06-2023 Plaintiffs, vs. BARBARA J. EUBANKS, Defendant. ISSUE: Praecipe to Discontinue Filed on behalf of Defendant: BARBARAJ.EUBANKS Counsel of Record: Louis C. Schmitt, Jr., Esquire PA. I.D. No.: 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED , HALINA MONCZ\'N LEONARD LEMIEUX, Plaintiffs v. BARBARA J. EUBANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 06-2023 JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the docket in the above-captioned action settled, satisfied and discontinued. Date: December 18, 2006 461916vl Respectfully submitted, METTE, EVANS & WOODSIDE ~-- By: Andrew H. Dowling, Esquire Sup. Ct. 1.0. No. 39692 3401 North Front Street, P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiffs, Leonard Lemieux and Halina Monczyn <2 ~ ~C:Q {", -J;' 'mlI; :...c.";'- t;.2C "%(') ._V yc:: -:z:. :2 ~ ~ ~ i.~ \ 1sh '" A-"('\ ~ 6~ ~ ~f\"'\ s::- A ... 'Z. _ !t s:-