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Home My WebLink About94-02440 ~ ~ 1\ .4 -' ~ p ?€. '" .... ~. r '-~ ;;) \,-, " n\ ,., ,.. -j ~j .. . r ~ ~ ~ ,- r-<: ~ It ..~ -,j - ..,0.. .. 'L '. ~ .~ ,... "'" .., "'\ .,.., ~ ~ '" ... ~ 0') ~ .. .3"'" ...:,: rj ~ - 'j -. - ~ ..... J ~t ,[" ~ III dI o<l: II: fil W l'l ...:l . en en .., en P<o<l: .... .jJ III 0 Z .... s:: Z en 0 ZZ 'M III 0 en cO Ofil 'tl ..jJ 'tl 'tl ~ ::;) " 0 ~P< s:: Cl s:: s:: s:: <( z ~ Z - ~ Illll:: 'M III Q) 0::> a .. 0 . fil III .... E-tlll Ul ~ = W M .c &&a .::J Q: m Z u>< CllQ..... >< Q) u ~ m" 0( E-t ll::ZP< [:! 0 fil~ i;: -< :t Ul )( ~ ~z filfil . P<O a.. X z .. ~ ~ 0::> lQO O...:l H o VI ~.. " 0 z>< ll::...:l UIIl JII: ~cl~ E-tU filfil U[:! ~E-t j~Z~a:~ ll:: 0 ::E:ll:: ~~ U 9 _ . ::>0 >< . . _ .J = 0 OZ fil...:l > 'o<l: P<~ == .. ~ u~ I-J~ . ;[ ~ .>< fil II: " filll:: ~:>:: fil . ::> w !!! :>::fil E-t H::E: III C) ~ N ~ E-t~ ZO Z III . :>::ll:: ZZ H ti l: z::> 00 oz ::E HU I-JO ...:lo<l: .' , '. /, JOHN F. EYDENBERG and DOROTHY L. EYDENBERG, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q'l-.1 'NO Ci.vJ -J ~ v. LONNIE J. HCROREY and ANN H. FARRELL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ISSUE WRITS OF SUMMONS TO THE PROTHONOTARY: Kindly issue Writs of Summons against the following Defendants: Lonnie J. HcRorey 115 South Washington Street Hechanicsburg, PA 17055 Ann~ M. Farrell 4821 Charles Road Hechanicsburg, PA 17055 Please have the Writs against the Defendants served by the Sheriff at the addresses indicated. METZGER, WICKERSHAM, KNAUSS & ERB By ~"./. ~ L-::' Clark DeVere, Esquire Attorneys for Plaintiffs 111 Market Street P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 I.D.' 68768 Dated: ,5'"-~ -- '1-1 Commonwealth of PelUlsylvania County of Cumberland John F. Eydenberg and Dorothy L. Eydenberg Court of Common PIe>> VI. No, _~1:_~_4.1~Lc;,;yg,_T~!!L___________ 19____ Lonnie J. McRorey 115 South Washington street Mechanicsburg, Pa. 17055 and Ann M. Farrell 4821 Charles Road Mechanicsburg, Pa. 17055 In __.civil l\,.H no:.Law_______________________ To ___.hQI}!:Ij.g_.:J._~B91J!..Y_?Jl(LoonqJ:t.__f~J.Xell You are hereby notified that ~stt.p)_f:~_~~~~_e~_~~tby_J.L_~de~---------------------------------------------- the Plaintiff has commenced an action in _.ciY.iJ....La1II..___________________________________________ against you which you are required to defend or a default judgment may be entered against you, (SEAL) .________~~~e_~~_J~~!eJ1lEtt__________________ Prothonotary I)ate __~~_~_____________________ 19_9_~ (2. '1 ' By ---,~,~-Ll~--15~~~------------------- .' H I ' ,~, .... '" .....,... No, _2.4..:.~~~.9.._~h'J.J.._!~I:.!!l__ 19__ John F. Eydenberg and Dorothy L. Eydenberg '. t,( " '. " 0" ,,' ~.~~,,~ ~ <' ."\ .: . . , ./ , .~, "-~.. " ,.~' , . " . .. '{~', w. Lonnie J. McRorey and Ann M. Farrell Summons in _____~_~tLo~~____________ Metzger. Wickershan. Knauss & Erb Clark DeVere. Esg. 111 Market Street. P. O. Box 93 Harrisburg, Pa. 17108-0093 ------------------------------------ Attorney 17l7) 238-8187 .;.. , \ \ . . . ... II -- John F. Eydenberg and Dorothy L. Eydenberg VS Lonnie J. McRorey and Ann M. Farrell In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2440 Civil Term Summons in Civil Action Law COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says that on May 16, 1994 at 8:40 o'clock P.M., E.D.S.T., he served a true copy of the within Summons in Civil Action Law, in the above entitled action, upon the within named defendant, to wit: Ann M. Farrell, by making known unto Ann M. Farrell, at 4821 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Philip Baughman, Deputy Sheriff, who being duly sworn according to law, says that on May 18, 1994 at 7:58 o'clock P.M., E.D.S.T., he served a true copy of the within Summons in Civil Action Law, in the above entitled action, upon the within named defendant, to wit: Lonnie J. McRorey, by making known unto Judy Shreve, Adult Girl Friend of Lonnie J. McRorey, at 115 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Sheriff's Docketing Service Surcharge Costs: 18.00 8.40 4.00 30.40 ,~~~i~:)'(.1~-e R. Pd. by At ty . 5-20-94 Sworn and Subscribed to Before Me This .2 ~ Day of /nAJ 1994, A.D. n II C. lJut'/,..~ ~notary JOHN F. EYDENBERG and . IN THE COURT OF COMMON PLEAS . DOROTHY L. EYDENBERG, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs : . NO. 94-2440 . v. . . . CIVIL ACTION - LAW . LONNIE J. MCROREY and . . ANN M. FARRELL, : JURY TRIAL DEMANDED Defendants . . NOTICE TO: Lonnie J. McRorey 115 South Washington street Mechanicsburg, PA 17055 Ann M. Farrell 4821 Charles Road Mechanicsburg, PA 17055 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 JOHN F. EYDENBERG and DOROTHY L. EYDENBERG, Plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 94-2440 CIVIL ACTION - LAW JURY TRIAL DEMANDED LONNIE J. MCROREY and ANN M. FARRELL, Defendants . . COMPLAINT 1. Plaintiffs John F. Eydenberg and Dorothy L. Eydenberg are adult individuals residing at 210 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Lonnie J. McRorey is an adult individual residing at 115 South Washington street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Ann M. Farrell is an adult individual residing at 4821 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about August 18, 1993, the Plaintiffs leased a 1990 Honda Accord automobile from GE capital Auto Lease, Inc., and were responsible to repair said vehicle. 5. On the aforesaid date, Defendant Farrell was the owner of a 1990 Ford Probe automobile. 6. On the aforesaid date at approximately 5:04 p.m. Plaintiff John F. Eydenberg was operating the 1990 Honda Accord westbound on the Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid date and time, Defendant McRorey was operating the 1990 Ford Probe owned by Defendant Farrell southbound across the Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. 8. On the aforesaid date, Plaintiff John F. Eydenberg had lawfully entered the center turn lane in order to turn left into Paul's Pancake House Restaurant on the Carlisle Pike in Hampden Township, Cumberland county, Pennsylvania. 9. On the aforesaid date, Defendant McRorey exited the driveway of the Red Lobster Restaurant on the Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania, and crossed over the westbound lane of the Carlisle Pike in order to turn left to go eastbound on the Carlisle Pike. 10. On the aforesaid date and time, Defendant McRorey entered the center turn lane failing to yield the right-of-way and caused his vehicle to strike the Plaintiffs' vehicle which was lawfully traveling in the center turn lane. 11. As a result of the aforesaid collision, Plaintiffs suffered damage and required repairs to the 1990 Honda Accord automobile in the amount of one thousand five hundred thirty-two dollars twenty cents ($1,532.20) and claim is made therefor. 12. As a result of the aforesaid collision, Plaintiffs suffered charges for a vehicle rental in the amount of ninety dollars ($90.00) and claim is made therefor. - 2 - COUNT I PLAINTIFFS V. LONNIE J. MCROREY 13. Paragraphs 1-12 above are incorporated herein by reference. 14. The aforesaid collision was caused directly, proximately and/or substantially by the negligence of Defendant McRorey in the following particulars: (a) Failing to yield the right-of-way to the Plaintiffs' vehicle; (b) Crossing the roadway when it was not safe to do so; (c) Entering the traffic stream when it is not safe to do so; (d) Failing to properly use the required turn signals; (e) Driving the vehicle at an unsafe speed for conditions then and there existing; (f) Driving the vehicle in careless disregard for the safety of persons and property; (g) Driving a vehicle when not licensed to do so; (h) Failing to look to the left when entering the traffic stream; (i) Failing to have the vehicle under adequate control; (j) Failing to make reasonable and prudent observation of conditions then and there existing; (k) Failing to be attentive to conditions then and there existing; - 3 - (1) Failing to operate the vehicle in a reasonable and prudent manner under the conditions and circumstances then and there existing; and (m) Otherwise failing to exercise due care under the circumstances. 15. As a result of the aforesaid negligence and carelessness of Defendant McRorey, Plaintiffs sustained damage to the 1990 Honda Accord which required repairs in the amount of one thousand five hundred thirty-two dollars twenty cents ($1,532.20) and claim is made therefor. 16. As a result of the aforesaid negligence and carelessness of Defendant McRorey, Plaintiffs suffered charges for a vehicle rental in the amount of ninety dollars ($90.00) and claim is made therefor. WHEREFORE, Plaintiffs John F. and Dorothy L. Eydenberg demand judgment against Defendant Lonnie J. McRorey, either individually or jointly and severally, for the aforesaid damages. Said damages are within the limits of compulsory arbitration in Cumberland County, Pennsylvania. COUNT II PLAINTIFFS V. ANN M. FARRELL 17. Paragraphs 1-16 above are incorporated herein by reference. 18. At the aforesaid time and place, Defendant Ann Farrell had entrusted her automobile to Defendant Lonnie J. McRorey when - 4 - she knew or should have known that Defendant McRorey was incompetent to operate said vehicle and should not operate said vehicle. 19. At the aforesaid time and place, Defendant Farrell was negligent in permitting Defendant McRorey to use her vehicle when she knew or had reason to know of his propensity to be careless and negligent in the operation of a vehicle. 20. At the aforesaid time and place, Defendant Farrell was negligent in permitting Defendant McRorey to operate her vehicle when she knew or should have known that his license was suspended. 21. The negligent acts of Defendant McRorey are imputable to Defendant Farrell for her negligent entrustment of the vehicle to Defendant McRorey. 22. At the aforesaid time and place, Defendant Farrell and Defendant McRorey were acting in a joint enterprise and therefore Defendant Farrell is responsible for the negligent acts of Defendant McRorey. 23. At the aforesaid time and place, Defendant McRorey was acting as the agent and servant of Defendant Farrell and therefore Defendant Farrell is responsible for the negligent acts of Defendant McRorey. 24. As a result of the aforesaid negligence and carelessness of Defendants McRorey and Farrell, Plaintiffs suffered damages to the 1990 Honda Accord which required repairs - 5 - VERIFICATION I, Dorothy L. Eydenberg, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.B.A. S4904 relating to unsworn falsification to authorities. d6'~:C ~/Jj'-;i' Dorothy Eyden rg Date : J'-~5"-1''I CERTIFICATE OF SERVICE AND NOW, on this /.3r" day of '~/.,,,.,,,/ , 1995, I, Clark DeVere, Esquire of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiffs hereby certify that I served the within Complaint this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Lonnie J. McRorey 115 South Washington street Mechanicsburg, PA 17055 Ann M. Farrell 4821 Charles Road Mechanicsburg, PA 17055 c.;l' -~ '/~ ~- ~ ",' -~ ~ ~ -- Clark DeVere ~ In r:: <:'01 I.. .-, I- N :..1..,. ~~~ (J.e; n w..... 11:;1, . u... -:; 1 ~o C> -' 't.) f,' D'l: C'J ."..:: , ' , ' ~~. [i:!o'-' c' I tin r-' l, ' !_;C,1. Co':) ...:: ... In ::1 0 u' U ..; .... ~~ ...l~ "'''' z~ 0"-1 !E'" o . u~ I<<Z 0::> o E-<U Z ~ 00 ~~-.:r~ O~"'E-< U NU 1< '" ... ;I:tlJO'\~ E-<~ ..... .> Z 0..... ....uz;u ., ... ... ... ... c ... III ..... '" ., .... C III 't:l C .. ... .. c:> .c:> "'Z ...l'" !::c:> l:l~ 0'" E-<::> Z "-1..... "'E-< ....z UO "'u ;;'j~ "'c:> m II: W l'l Ol .., 0 III 0 III co :J" 0 ~ 5 ~ ~ 1Il~ :! w C') ~ W .:J It 0) Z u 2: m'" 0( ~o( Ulx~ o :I: ~ t; M ~ 1Il~. .z ~II: a:oz j~z~a:.r u ~L . _ .J = '" '> .. a: '> ::E ~ . " II: In ld _ CI a: N a: ti ~ ~ ~ ...l 1 't:l . ,,~ "'''' '" ~'" "'z "-1"-1 llQC:> eli:J ~..i ~!;; E-< zo ::C'" 00 .,c:> . > 't:l " III >< '" '" . O...l "'...l U"-1 ;o:~ ...; .,1<< "-1 . ....;0: Z 3~ , " JOHN F. EYDENBERG and DOROTHY L. EYDENBERG, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-2440 v. CIVIL ACTION - LAW LONNIE J. MCROREY and ANN M. FARRELL, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB By 4_'~ /~<'"'i"'... _4 Clark De ere, Esquire Attorney 1.0. #68768 111 Market Street P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Attorneys for Plaintiffs Dated: 1,)./19/9:'-