HomeMy WebLinkAbout96-01034
,
~
I..
01
-s
j
.
.n
7
I t
! C
i
1~
I
i
<?l
JI
T
N)
o
-
IJ J
.~
Schmidt and Ronca PC
Au....)'. ... COlIn...... .. ....
...--
....b6-.. r-,tw.... U 1"
,., I JU.-JOG
JAMES L. JONES and KAREN
J. JONES, Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 1996-01034 P
FREDERICK SULLENBERGER
and KRISTIE MULLIKIN,
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
NOT I C B
YOU HAV. BBBN 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. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCB. II' YOU DO NOT HAVE A LAWYER OR CANNOT
AFYORD ONB, GO TO OR TELBPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL
HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse, 4th Ploor
1 Courthouse square
Carlisle, PA 17013-3387
(717) 240-11200
Road) in Eaet Pennsboro Township, Cumberland County,
Penneylvanla.
5. At the aforementioned time and place, the Plaintiff,
JAMES L. JONES, was the owner and operator of a 19S5 Pontiac LE
6000, which was proceeding in the center turn lane on S.R. 11
with hl. left turn signal activated preparing to make a left
turn.
6. At the aforementioned time and place, the Defendant,
FREDERICK L. SULLENBERGER, was operating a 19S9 Chevrolet 1500,
owned by Defendant, KRISTIE L. MULLIKIN, and traveling directly
behind the motor vehicle being operated by James L. Jones.
7. At the aforementioned time and place, the Plaintiff,
KAREN J. JONES, was a passenger in the motor vehicle being
operated by her husband, James L. Jones.
S. At the aforementioned time and place, the vehicle
being operated by Defendant, SULLENBERGER, suddenly, and without
warning, .truck the Jone's vehicle from the rear, causing severe
and permanent injuries to the Plaintiff, KAREN J. JONES.
9. At the aforementioned time and place, the Defendant,
FREDERICK L. SULLENBERGER, was operating the motor vehicle with a
blood alcohol content at or near .17%.
10. At the aforementioned time and place, it was dark,
there were no adverse weather conditions and the road surface was
dry.
3
COUNT I
KAREN J. JONES v. FREDERICK L. SULLENBERGER
NEGLIGENCE
11. Paragraphs 1 through 10 of the Plaintiffs'
complaint are incorporated herein by reference and made a part
thereof as if set forth in full.
12. The accident was caused solely by the negligence of
the Defendant, FREDERICK L. SULLENBERGER, and was in no way the
fault of the Plaintiffs, KAREN J. JONES or JAMES L. JONES.
13. The negligence of the Defendant, FREDERICK L.
SULLENBERGER, consisted of:
(a) Inattentiveness;
(b) FOllowing too closely;
(c) Driving too fast for conditions;
(d) Op~rating his vehicle on an excessive rate of speed
under the circumstances;
(e) Failing to have his vehicle under proper and
adequate control;
(f) Failing to apply the brakes in time to avoid the
collision;
(g) Negligently applying the brake;
(h) Failing to observe the Plaintiffs vehicle on the
highway;
(i) Failing to operate his vehicle in accordance with
existing traffic conditions and traffic controls;
4
(i) Failing to drive his vehicle at a speed in a manner
that would allow him to stop within the short clear
distance ahead;
(k) Failing to keep a reasonable look out for other
vehicles lawfully on the road;
(1) operating his vehicle so as to create a dangerous
situation for the vehicles on the roadway;
(m) Operating a motor vehicle while under the influence
of alcohol;
(n) Operating a motor vehicle in violation of the
Pennsylvania Motor Vehicle Code S 3731 (a) (1), S
3713 (a) (4), and S 31Jl (a) (5) (i), which is
negligence per se; and
(0) Operating a motor vehicle in violation of the
Pennsylvania Motor Vehicle Code S 3114, which is
negligence per se.
14. As a direct and proximate result of the accident,
the plaintiff, KAREN J. JONES, suffered serious injuries which
include the following:
(a) Neck pain;
(b) Tenderness in the left sternocleidomastoid muscle;
(c) Pain upon cervical compression on the left side of
her body;
(d) Cervical pain into the upper left trapezius;
(e) Cervical pain into the upper right trapezius; and
(f) Narrowing at L5-S1 disk.
15. As a direct and proximate result of the accident,
the Plaintiff, KAREN J. JONES, has incurred the following medical
expenses to date:
Karkuff, Lennington, Hilboalt P.T.
(3/21/94 - 5/10/94)
$3,292.00
5
incur various expenses for the injuries that she has suffered and
may continue to incur the same in the future.
20. As a direct and proximate result of the injuries
sustained in the motor vehicle accident, the plaintiff, KAREN J.
JONES, has suffered a permanent diminution of her ability to
enjoy life and life's pleasures.
21. As a direct and proximate result of the injuries
sustained in the motor vehicle accident, the Plaintiff, KAREN J.
JONES, has suftered a loss of earnings and impairment of her
earning power and capacity.
WHEREFORE, the Plaintiff, KAREN J. JONES, demands
judgement of the Defendant, FREDERICK L. SULLENBERGER, in an
amount in excess of the amount requiring Compulsory Arbitration.
COtnrl' II
JAMES L. JONES v. ~RBDERICK L. SULLENBERGER
LOSS OJ' CONSORTIUM
22. Paragraphs 1 through 21 of the Plaintiffs'
Complaint are incorporated herein by reference and made a part
thereof as if set forth in full.
23. As a direct and proximate result of the Defendant,
FREDERICK L. SULLENBERGER'S, negligence, the Plaintiff, JAMES L.
JONES, has been forced to incur the loss of society,
companionship, and services of his wife, KAREN J. JONES.
7
<D
'"
w "
.., "
,ry
Ul ,)
Ul " Q
::J "'
< "' ~
Z < "
'" ., . U ~
" ,"
. 0 1
,0 ,
1: ., n " ,
<( " ,
J . "
1: 0
Ul , D 1
a: , "
'" e " (] .
'" " ~
~
U :;, L 0
~ ,
'" J
. '" .
a: "'
'" [
" "
N ~
I-
'" '\
::<:
Schmidt and Ronca PC
101 IIMII __
.......... .--we.... 1/10'
JIJ'I)1"1OO
.
All"". .... C........,. .t LA_
JAMES L. JONES and KAREN
J. JONES, Husband and Wire,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTV, PENNSYLVANIA
Pla1ntitrs
v.
NO. 1996-01034
FREDERICK SULLENBERGER
and KRISTIE MULLIKIN,
CIVIL ACTION - LAW
Derendants
JURY TRIAL DEMANDED
CERTIrICATE or SERVICE
I, Scott B. cooper, Esquire, of the law firm of Schmidt and
Ronca, P.C., hereby certify that I served a true and correct copy
of Plaintiffs' Objections to Defendants' First Request for
Production of DOcuments, by depositing a copy of the same in the
United States Mail, first class, postage prepaid, addressed to:
Karl R. Hildabrand, Esquire
METZGER, WICKERSHAM, KNAUSS & ERB
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 1711~-0300
SCHMIDT AND RONCA, P.C.
By:
1
.. l,-C L
,/ / /<--'
Scott B. Cooper
Attorney at Law
209 State Street
Harrisburg, PA 17101
Attorney I.D. 170242
(717) 232-6300
Date:
~.JX')9~
I I
Attorney for the Plaintiffs
.'
~. ,.j
".
j!.' -"
Ull (~~ .'(
Q- /.
(t... ~T .>
". "
ll... I ~
~( ~'.I "
.
-', ;.'J
tc " !" :: ~~)
,:' ... 1i..1.o
,,;,
U_. ";') '5
0 c. U
-.
>-
c:.;
t
~J~
f'. .'
~'.C
'1
"Ir
~L.
I
I"
CJ
'J.
L,
d'
L)
; :~
.'
,"j
'-
"i.1')
. ~~',-;
'!":J
...
"J
...
(;.:
:'-.J
to
""
\()
(,ll
;"
'._1
..,." --
....... ,r,.
...... ~
"
.~
'.
I"
(
I
,
(,
"
il
I" I I
I
11I
[J:
W
'"
111
111 ,.
:i .
.
Z , ,
" . "
, U!
.
:!: ., I
.. "
.t "
.,
It .
w
.. ~ "
U oj
;: . L
. ,"
[J: ,'I
W
"
'"
>-
W
::;:
o
o
"
o
9
~
tJ .t
I] .l
1'1.(
" ,
. >
o '.
Jl j
U l.l
J. it
.,
"
)
.
101
"
"
.,
r
the vehicle operated by Plaintiff Jones. Defendant is without
knowledge or information sufficient to form a belief as to the
truth of the averments regarding the nature and extent of any
injuries to the Plaintiff and said averments are therefore denied.
The remaining averments of paragraph 8 are specifically denied and
proof thereof is demanded at trial.
9. Admitted.
10. Admitted.
11. The averments of paragraphs 1-10 hereof are incorporated
herein by reference.
12. Admitted.
13. Admitted in part and denied in part. It is admitted that
Defendant Frederick L. Sullenberger failed to see the Jones vehicle
in sufficient time to avoid striking it. Due to the topography of
the roadway and traffic conditions existing thereon, Defendant
failed to observe Plaintiffs' vehicle in sufficient time to avoid
collision. Negligence is admitted. Specific allegations of
paragraph 13 and paragraphs 13(a)-(0) are specifically denied to
the extent they are inconsistent with the foregoing answer. It is
admitted that the Defendant was operating his vehicle under the
influence of alcohol at the time of the accident.
14. Denied. Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments set
forth in paragraph 14 and the averments are therefore denied.
-2-
15. Denied. Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments set
forth in paragraph 15 and the averments are therefore denied.
16. Denied. The averments of paragraph 16 are specifically
denied and proof thereof is demanded at trial.
17. Denied. The averments of paragraph 17 are specifically
denied and proof thereof is demanded at trial.
18. Denied. The averments of paragraph 18 are specifically
denied and proof thereof is demanded at trial.
19. Denied. The averments of paragraph 19 are specifically
denied and proof thereof is demanded at trial.
20. Denied. The averments of paragraph 20 are specifically
denied and proof thereof is demanded at trial.
21. Denied. The averments of paragraph 21 are specifically
denied and proof thereof is demanded at trial.
22. The averments of paragraphs 1-21 hereof are incorporated
herein by reference.
23. Denied. The averments of paragraph 23 are specifically
denied and proof thereof is demanded at trial.
24. Denied. The averments of paragraph 24 are specifically
denied and proof thereof is demanded at trial.
!
i
i
! .
t
!
!
,
25. The averments of paragraphs 1-24 hereof are incorporated
herein by reference.
26. Denied. The averments of paragraph 26 are specifically
denied and proof thereof is demanded at trial.
-3-
27. Denied. The averments of paragraph 27 are specifically
denied and proof thereof is demanded at trial.
28. Denied. The avermen~s of paragraph 28 are specifically
denied and proof thereof is demanded at trial.
29. The averments of paragraphs 1-28 hereof are incorporated
herein by reference.
30. Denied. The averments of paragraph 30 and sUb-paragraphs
30(a)-(h) are specifically denied and proof thereof is demanded at
trial.
31. Denied. The averments of paragraph 31 are specifically
denied and proof thereof is demanded at trial.
32. The averments of paragraphs 14-21 hereof are incorporated
herein by reference.
33. The averments of paragraphs 1-32 hereof are incorporated
herein by reference.
34. Denied. The averments of paragraph 34 are specifically
denied and proof thereof is demanded at trial.
35. Denied. The averments of paragraph 35 are specifically
denied and proof thereof is demanded at trial.
36. The averments of paragraphs 1-35 hereof are incorporated
herein by reference.
37. Denied. The averments of paragraph 37 are specifically
denied and proof thereof is demanded at trial.
38. Denied. The averments of paragraph 38 are specifically
denied and proof thereof is demanded at trial.
-4-
Schmidt and Ronca PC
---
....~.....,..__ 1"0'
"'1111-.100
"n.....'. ..... Cou."la.a at Llw
----~.--_......._-~".-.~,"^'._-
JAMES L. JONES and KAREN
J. JONES, Husband and Wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO. 1996-01034 P
FREDERICK SULLENBERGER
and KRISTIE MULLIKIN,
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
VLAINTlrr's RBVLY TO NBW MATTER
40. Paragraph 40 of Defendnat's New Matter is a conclusion
of law to which no responsive pleading is required. By way of
further answer, if a responsive pleading is deemed required, the
averments of Paragraph 40 are denied and proof is demanded prior
to the time of trial.
41. Paragraph 41 of Defendnat's New Matter is a conclusion
of law to which no responsive pleading is required. By way of
further answer, if a responsive pleading is deemed required, the
averments of Paragraph 41 are denied and proof is demanded prior
to the time of trial.
42. Paragraph 42 of Defendnat's New Matter is a conclusion
of law to which no responsive pleading is required. By way of
further answer, if a responsive pleading is deemed required, the
", j
0",.; ,
!': .
, -' I
\,L;l i::
tl" f
r.' '~,... j I
4
(Y ,.-)
\..1" " -.:0
G:~ l' "1
.. . t
. .
" -, J ,
~- '-" 'J ,
t
f
i
~ c- '.-
.;J
r:: N J.,r
,~ ,4
or ..:~
fJ', 0.: ...3
" ;.-
r.> co '''~
~f .!;..
I ~ . .... ;'-~(i)
" w 1"-
~ c;:::
~ ~ :3
"... L>
4. The subpoena ordered Mr. Le.her t~ supply "any and all
memoranda, reports, record., documentation notes and/or results of
investigations, surveillance reports and/or notes/documentation,
and/or 1098 relating to any and all workers' compensation clai.s
sade by Karen J. Jone., SS 118~-46-~718.
5. By letter of August ll, 1996, Jonathan L. Lister, senior
Labor Relations Specialist of the United States Postal Rervice,
acknowledged receipt of the subpoena and informed Defendant' s
attorney that th. postal service is unable to release the requested
records without court order.
6. Mr. Lister cited 5 U.S.C. S55~a(b) (11), which states that
records may only be disclosed pursuant to a release signed by the
employee whose records are sought or "the order of a court ot
competent juriSdiction." A true and correct copy of the letter is
attached hereto as Exhibit C. The letter went on to state that
since the letter bears only the signature of the Clerk of Court
[Prothonotary], the postal service will not comply with the
subpoena.
7. Additionally, the letter stated that some of the
requested records may pertain to a jOb-related injury and would
therefore be under the "exclusive jurisdiction" of the United
States Department of Labor.
8. A request for these records has been sent to the Bureau
of Employees' Compensation.
-2-
.
....
0 III
~ . 4J
.. ....
~ .. .
III ~ III
:.2 ~ Itl 4J
en 8. 0 '"
'" ~ ....84oJ "'4oJ
... ] C ....
.. C ~ cn~
E .... '0 l! .S .8
- cn~.w..,.w...,
III 18 .... lQ to;:]
C CQJJ-lOl"""'ilQ
.... ~~IIl"~O
0 .c~
t:l ...,CU4oJ 4001 ~
.., en u ~
a :l III <04J'iil4JOC
III ...., ~ 'nO\ 0
.... cnlQ.....'Oqo.M ..
.... 010 :l .. Itl
0 .~] 0,Jl1)4oJVj(l)fO g,
.c u Itl u
~ .... "r-I .c!1J ...... ....
~"''O4;'''' III
41.. .. ~.....
H ~ ~4J'O Vllll
- .B "'"~4Jr..inJ
JJ~ .... .. ~ .....
1! co~ ~6
al ... ~ .... ~ <1J S
.c ~ ... 'tl. co ~
... ~ ::;..3~""1Il ~
8 4J .:: 8 4J <1J.... S 0::
... III :l- ~~-.co_ Cl
.
.
Exhibit 8
: ,..
o
, i,
, ,
, }"
\
I
,
;
"
f
I
".- -' !
~: , C'-
,-- :': [
~ \: i
(,
u.
, i
'-- -....1
,
Cl , I
c .'
-
,~
~-
'.-
I
I
~
"
,
Jt
t
I
!
I
I
I
~ co ~
~. c-.. %
r (~ 5;oJ
Q . 11.,
:f. 0- -.: ?i
. )-.
CO " r;;2
,p%
lEI;' ,-, L'11'J
~ L.! .!~
C :-!;
\..l.. 0.0 ::l
U '" (J
JAMES L. JONES and KAREN J.
JONES, Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 1996-010l4
FREDERICK SULLENBERGER and
KRISTIE MULLIKIN,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
thio~ OR D B R
AND NOW I day of J}u, 1996,
Defendants having filed a Motion to Compel COl1'pliance with
Subpoena, and a Rule Returnable having been issued by this Court,
and Plaintiffs and the United States Postal service having failed
to respond to said Motion, IT IS HEREBY ORDER EO that Defendants'
Motion is granted, and Ed Lesher, Human Resources Specialist, at
the United States Post Office in Harrisburg, Pennsylvania, is
hereby directed to comply with the subpoena served upon him
August 9, 1996 within thirty (30) days of the date of this Order,
and to provide any and all information to Defendants in accordance
thereto.
BY
/
I
J.
Distribution:
Ramona C. Cataldi, ESqUire) ,
Scott B. Cooper, Esquire ~f~
Ed Lesher
Jonathan L. Lister
...."\.-f...4-CU.L
/J..U ~(.
roo'
4. The subpoena ordered Mr. Lesher to supply "any and all
memoranda, reports, records, documentation notes and/or results of
investigations, surveillance reports and/or notes/documentation,
and/or logs relating to any and all workers' compensation claims
made by Karen J. Jones, SS 118~-46-2718.
5. By letter of August ll, 1996, Jonathan L. Lister, Senior
Labor Relations Specialist of the United states Postal Service,
acknowledged receipt of the subpoena and informed Defendant's
attorney that the postal service is unable to release the requested
records without court order.
6. Mr. Lister cited 5 U.S.C. S552a(b) (11), which states that
,
records may only be disclosed pursuant to a release signed by the
employee whose records are sought or "the order of a court of
competent juriSdiction." A true and correct copy of the letter is
attached hereto as Exhibit C. The letter went on to state that
since the letter bears only the signature of the Clerk of Court
[Prothonotary], the postal service will not comply with the
subpoena.
7. Additionally, the letter stated that some of the
requested records may pertain to a jOb-related injury and would
therefore be under the "exclusive jurisdiction" of the United
states Department of Labor.
8. A request for these records has been sent to the Bureau
of Employees' Compensation.
-2-
COffJrMEALnl OF pmlSYLVANIA
COJUl'Y OF ct..t-1BERU.ND
JAI'lES I.. JONES and KAREN J _ JOt;E~,
Husband and WIfe,
Plolnrlffr,
File In, 199(,-010111
FREDERICK
MULLiKIN,
V~.
SIII.I.ENBr.Rr;ER
Defendant.
.,nd KRISTIE
t
SUBPOEtI~
'101 Ed Lesher, Human Resources Spedal1at, U,S, PORt OffIce, 11,25 Crooked 11111 Rd.
Harrisburg, PA 17107-9422
1. You are orde~ed by the court to care to the Law Offices of Metzger, WlcksrshaM, Knauas & Er
3211 N, Front St.. lIarrisburR, PA 17110-0300
(Specify courtroom or other place)
at Harrisburg Dauphin County, Pennsylvania, onHonday, 8/26/96
at
10:00
o'clock,
,
A-M., to testify on behalf of
Defendants Frederick Sullenberger and Krist Ie Hu lllk In
in the above case, and to relT'd.in until excused.
2. And bring with you the following. Any and all memoranda, reports, recorda, documentation
notas and/or renults of Investlgatlon, surveillance reports and/or notas/documentatlOn,
snd/nt Ini9 relatln2 to'anv and all workers' compensation claims made by Karen J. Jones,
55 '182-46-2718. .
If you fail to attend or to produce the doc:urents S'r thin913 required by this subpoena,
you may be subject to the sanctions authorized by Rule 234.5 of the PeMsy1vania' Rules
of Civil Procedure, including but not l.irni.ted to costs, attorney fees and inprisorurent.
ISSUED BY ^ PARrY/COUNSEL IN CCHPLIJ\t!CE WI'rn Pa.R.C.P. t-b. 234.2(a)
NAME: Ksrl R, Hildabrand, Eaquire
Metzger, Wickersh!lm, Knauss & Erb
ADDRESS. 3211 N. Front St., P,O, Box 5300
lIarrlaburg, PA 17110-0300
TELEPOONE. (717) 2l8-B187
SUPREME COURl' IO~
30102
DATE.
U1J.1r b. /"990
Seal, the Court
B~ COURT.
w>>~
Prothonotary,
....,
L,--.,r~ I~
" Division
OITIC~ NO~..,,'tt:it'.f9.lW:-Qf, subpoena shall be used wh'!never a subpoena is issuable,
incl':"'i"g hearings in connection with delXlsitions and before arbitrators, rrasters,
COImI1ssioners, etc. in conpliance with Pa,R.C.P, ~b. 234.1. If a subpoena for production
of docurents, records or. things is des il'l!d , CCllTp1ete paragraph 2.
(Rev _ 1/90)
EXHIBIT "A"
.
.... J
0 III
~ . 4J
... ....
~ .. .
:a 1Il'iil 0]
'" . ~ .... 8" 8. OJ...
1'1 ] C 'C
. ~ ~]!5E~
. -
III <0 8 .... Itl ~:l
~Q)"o III
c: l~ a""~o
0
[ ""Q,)4J o6oJ ~
..., V) 0 ~
:l III co 41 'iil 41 0 C
Ill.... ... M 'nOl 0
en l.&.t.oqo.1""I ..
.... 010 :l .. Itl
0 '~] 1!~"""'~ g,
~ ....ri~ d) "I"'i '...
~..'tl.o:"" III
4J.. ... ~.....
c: ~~ ~4J'O Vllll
- ... III ~ 4J u';tl
~~ .... .. ~ .....
>'0 III III
Q) 'g .... k p., 6
... ... .,-4 ~ 4J~
.c:: U \.< 'tl co~ ..
.... ~ .clll 41 3 ~... ~
.:: 8 > .. III
I 8 41 4J .... 3
H III :l~ H ....H.cO Cl
>, .....
':;... ,,-.
t.. N S
Ul~ ,~
t ):
C'
L
9:.' J
J
f" c. ,
7,.J .
., n+, .. u
u' lu
,. l.-
I', ,... ---'
c~ U' c.)
',- ......
I~.. u'
~ ..."';
L.
,
r'- ~
,- ,.. , -j
j' '
() '~ .', c
(:.'
l:!'-
~\ : .' , I
.,
,-- ~.
l'. ...... ,
u cr '.J
Schmidt and Ronca PC
JOO__
......... '-th..... l'IOt
u, , UJ.....
AU....'. .... (............ AI a...
JAMBS L. JONlS and KARlH
J. JONlS, Bus~and and Wife,
plaintiU.
IH TBB COURT or COMMON PLBAS
COMBBRLAND COUNTY, PB"SYLVANIA
v.
HO. 19911-01034
rRBDBRICK SULLBNlBRGBR
and KRISTIB HULLIKIN,
CIVIL ACTION - LAW
D.tendants
JURY TRIAL DBKANDBD
NOTICB or INTBIl'l' TO SIlRVB A SUBPOBNA TO
PRODUCB DOCUXBNTS AND THINGS rOR
DISCOVERY PURSUANT TO RULB 4009.21
TO: Rarl R. Hildabrand, Esquire
METZGER, WICY.ERSHAM, KNAUSS & ERB
l211 North Front street
P.O. Box 5300
Harrisburg, PA 17110-0l00
scott B. Cooper, Esquire, intends to serve a subpoena
identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of
records and serve upon the undersigned an objection to the
subpoena. If no objection is made, the subpoena may be served.
SCHMIDT AND RONCA, P.C.
BY:~'
Scott B. Cooper
Attorney at Law
I. D. No. 70242
209 State Street
Harrisburg, PA 17101
(717) 2l2-6300
Attorney for Plaintiffs
Schmidt and Ronca ~
AttorH). M4 CCMhItM'" .. ....
1"_-
......b&._. '-".... .'IOe
f I' I Ul......
JAMES L. JONES and KAREN
J. JONES, Husband and Wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO. 1996-01034 P
FREDERICK SULLENBERGER
and KRISTIE MULLIKIN,
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE ON BEHALF
or THE PLAINTIFFS. JAMES L. JONES
and KAREN J. JONES
TO THE PROTHONOTARY:
Please discontinue the above captioned action with
prejudice on behalf of the Plaintiffs, JAMES L. JONES and KAREN
J. JONES. Thank you.
I, SCOTT B. COOPER, am the attorney for the Plaintiff
in the above-captioned matter. I have prepared the above
document for filing in this matter. I certify that I have read
the document, and that there are good grounds to support, and
that it is submitted in good faith.
Respectfully SUbmitted,
SCHMIDT AND RONCA, P.C.
By:
/
Scott B. Cooper
Attorney I.D. '70242
Attorney at Law
209 State Street
HarriSburg, PA 17101
(717) 232-6300
Stipulations Against Liens
Michael D, Horst
in the Court or Common Pleas, County of
OWller
Numher
'f~' - /I.)
. Pennsylvania
f'tferm. IlJlJtl
V~',
('lIlt/h.'rlllllll
Thomas H, Muller! and Timothy Sagle
d/b/a TNT Construction
'c-
, J
COlllrllctor
D1btUdll. the Owner is about to execute contemporaneously herewith, a contract. with said contracwr, a
partnership organized and existing under the, laws of the State of Pennsylvania. for the General
Construction work h~ated within all that certain condominium dwelling unit sitwlted in Westfields
Condominium in the Township of Silver Spring, O,unty of Cumherland and Commonwealth of
Pennsylvania, Being designated and known as Unit No, 44 in the Declaration of Condominium and
Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deed~ in and for
Cumberland County, Pennsylvania, in Miscellaneous Record Book Volume 371, Page 12, (as amended by
a First Amendment th(;reto daielJ April 6, I ')l)O, and recorded on the same date in said Recorder's Office
in Miscellaneous Record Book Volume 37M, Page 940) as required and in accordance with the provisions
of the Pennsylvania Uniform Condominium Act (Act of July 2, 19HO, P,L. 2H6, No, M2; 6R Pa. C.S,A. II et
seq" as amended), Being part of that certain larger premises which Oscar F. Shufer und Puuline W.
Shufer, husband and wife, by their deed dated November 2M, 19MH, and recorded in the Recorder's Office
aforesaid in Deed Book "R", Volume 33, Page 757, granted and conveyed unto Max D, Marbain and
Graydon F. Lombard, Co-partners, and most recently having been conveyed to Michael D, Horst by deed
dated August 17, 1990 and recorded in the Recorder's Office in Deed Bool' "T", Volumn 34, Page 583.
J1ow. l!:btrt(ou. on February Q. ':l. ,1996, at the lime of and immediately before the execution or the
principal contract, and before any authority has been given by the said owner to the said contractor to
commence work on the said projeet, or purchase materials for the same in consideration of the making
llY Ihe said contract with the said contructor and the further consideration of One Dollar paid to the said
cllnlruelllrhy Ihe s',',,' ' , .1 h h " I' h I' h I b" .
, . " u owner, It IS agreeu t at no mec amc s c alms or ot er lens s a I e hied agalllst the
bUlldmg and/or ground "1'1'ut'le ' '
, n,"". Iherelo hy the contractor, or any sub-contractor, nor by any of the
matenal men or workmen or any other persoll 1'0' , '
, ' ,lilY lahor, or matenals purchased, or extra lubor or
malenals purchased or furnished in connection with the <:''''''nll''',' , ,
, , .. . , I '" of .h., "lIll project or any part
thereof, the nghtto hie such hens bemg expressly waived and n:linquished here"ilh_
D1itntllll. our hands and seals the duv and war afon:said
'" '" ..
h),.{t~~_d... y__#"l '
Witlless
n\r/<',~,I\;"i, : .
Mie";td f), /-forsl
I
I !
,-
,.' ;, .
\ \..; ,I
..
"
11-.-...
\1
"
" I
,
OWller
TNT Com/rue/ioll
loll/r/lcttJr
Lv' ,J_L~, J. i L,......: -
..t
Wi/IIl',\'.I'
~<~ J! r1iL
I Si!(ll/lture
Tholt/IIS I/. Mill/I'll, "tlrl1la
Prill/I'd Nllme IIIllI Title
r '.,
#//', C'c:) /"/ ' 0./:1:..1.<:(.:,
t..1/-;#
,LrtI"
'r .. C;
~. ,,~
]) 3SV
'l'f' -.
-. "'4......
'...
..
,',
i
l
!'
i
l
'l
;
f
1
;
f.
t
,
,
~
,
!
. ,
\
, i f
rJ')
, " ,
, I
l ~
.
'Ii
.
,
,
i I
,
}"
I
I