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Home My WebLink About00-00912 -" IN THE COURT OF COMMON PLEAS ~ COUNTY, PENNSYLVANIA CUMBERLAND No. ,:;)I'}(~t")- C,IL C i v i I Act i on ~ (Xli) Law ( ) Equ i ty RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife 109 Tall Oak Drive New Cumberland, PA 17070 G ~l' ('T'iAfiJ DONALD N. CHARLES and DEBORAHJ. CHARLES, husband and wife 74 Ashford Drive Enola, PA 17025 JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife 221 Bridge Street versusNew;Cumherland, PA 17070 LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF 207 Fourth Street New Cumberland, PA 17070 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAEC I Pi: FOR WR IT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. x Writ of Summons sha! I be issued and forwarded to ( )Attorney (x]OSheriff Please ask the Sheriff to serve all defendants at the above addresses. TO THE WRIT OF SUMMONS ABOVE NAMED DEFENDANT(S): ./\, j;r(-S2~- ~gna re of Attorney . Supreme Court 10 No. 32147 Date: "2 1I.s- )nl) / t 't..fC:, Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut St., P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Names/Address/ Telephon No. of Attorney YOU ARE NOTIFIED THAT THE.ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~ ';ta~tuL) f!. {7 Date: );<~ /(../ ~rY'c.'\ <ttY 412.-.. ~ ,2ry~-,'L~ Deputy ) Check here if reverse is issued for additional information PROTHON. - 55 !ilddii_ilriii;twD...........-~~..-~~~~:ilimu~.~ - ~=~. -- .........ili:iBi. f?h ~ ~ ~ 6' ~ ~ -l::' (j'- ~ ~ o \ ~~ ~t ~ ~ he) . , ge I -;:)i'~-'i jf" i~ '-.. 2: =< (') C' ,:::)- (:) :=::: ", :.0 8 c-) ;--r:J .oCJ ~ ~~~~ rd ~~? FJ ~!TJ i' :'0 -< ;~ ~ S5 T\) ,-.----...,-,.- C- 0 _.n - - _ ,;,,~_~ ',,', '~ ",- Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg. Pennsylvania 17108 (717) 237-7100 E-Mail: sea@tthlaw.CDm Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "NO STUFF, Defendants PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP ) }((C(OD :89525.11 ( By: STEPHEN E. GEDULDIG ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendants, RICHARD WOODRUFF and BARBARA WOODRUFF RULE NOW, m~ ABOVE. :J() , 2000, RULE IS ISSUED AS A~ (l~--I,A ~/)~ P othonotary . ~ ~.~ 7l;~bpv--- ."i!:lI.iIIi w ," ,Ii '~,-.;;.~ ~., - "-~-, >>. ~ > ~~. : illl.....-~ ~. ~ "-' "-~-'-;.;:>;..;' , ~.. , 0 0 0 ~~ C. 11 :Ji: :::1 -0 ,. );;;>- , -" nl ~"J Sts ~ N /. 0 en ~~~) -< .' r: CC' '--' -0 Q~q d;; ,- ~ , C' ;~-'ll ;;.... ~;.;;: '-' ~:::j ~ -< ()'1 -< . ^ ~ "-- ,,--. ..,-, '-;:"'-'~'-'''- ~ -- .".""; ,'.-. ",'- -,"_"';_, __ v_', .-',,- , ( ..., Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front street Post Office Box ggg Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Richard Woodruff and Barbara Woodruff, in the above- captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: :89044.1 STEPHEN E. GEDU G, ESQUIRE Attorney 1.0. No. 43530 Attorneys for Defendants, RICHARD WOODRUFF and BARBARA WOODRUFF ~ .--, .'-",.- --0';.:.:;-;'- ,'--'-".'.-'.'-' . ..... CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~day of March, 2000, on all counsel of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP ~_'.d .. cr.._ ;,,' ... -"j"", , C-; _<__ ~. 0'_." .~ '^' ,,~ ,. . 0 Cl 0 C ,,-, --n <- =r.:: --1 ~f~~ ~.. fFiZ1 ;;D Z , 1'0 r.....' 21 -::-; .', (j) C '~~ -'< ~~ -0 8~;J, -';>' .^. -..-.- ~ '. ~._- r:- ;9 s: ~ .,." ::0 -< {.f1 -'< , ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00912 P . ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHARLES DONALD N ET AL VS WOODRUFF RICHARD ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOPF LOUIS R the DEFENDANT , at 0017:12 HOURS, on the 23rd day of February, 2000 at 207 FOURTH ST NEW CUMBERLAND, PA 17070 by handing to LOUIS HOPF a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ;::~A~~~ 6.00 10.54 .00 10.00 .00 26.54 R. Thomas Kline Sworn and Subscribed to before 03/07/2000 KEEFER, WOOD, ALLEN By: j( ~ C&.Ju Deputy Sheriff me this ;( J.d day of ~ ;Lir/H.) A" D. ~() ~,~' r thonotary "~". ~~~ ~ - ~ 1- __ ~!' SHERIFF'S RETURN - REGULAR CASE NO: 2000-00912 P ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHARLES DONALD N ET AL VS WOODRUFF RICHARD ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PIKULIN JOHN N the DEFENDANT , at 0017:22 HOURS, on the 23rd day of February, 2000 at 221 BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to JOHN PIKULIN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So Answers: 1t'~IV'<~t R. Thomas Kline 03/07/2000 KEEFER, WOOD, ALLEN Sworn and Subscribed to before By: /,,~ {P.PAh De y Sheriff me this .z g,~ day of ~ J....u-v-V A. D. ~fl' (J Jv, diP'A.) ~ Prothonotary , ~ " " ~ .., ""' SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-00912 P COMMONWEALTH OF PENNSYLVANIA ,COUNTY OF CUMBERLAND CHARLES DONALD N ET AL VS WOODRUFF RICHARD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PIKULIN EDNA L but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , PIKULIN EDNA L DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT. NO FWDG, RETURN NOT FOUND AS PER ATTY 2/23. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 ~ R. Thomas Kline Sheriff of Cumberland County KEEFER, WOOD & ALLEN 03/07/2000 Sworn and subscribed to before me day of~ this J 3~ ;;L..o--u-U A.D. Q ~ a >>1..u.-O'-<'<--', ~ Pr tlionotary . ~ 'w, " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00912 P COMMONWEALTH OF PENNSYLVANIA: ,COUNTY OF CUMBERLAND CHARLES DONALD N ET AL VS WOODRUFF RICHARD ET AL 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: WOODRUFF RICHARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 7th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co 6.00 9.00 10.00 40.35 .00 65.35 03/07/2000 KEEFER, WOOD, s~ R. . l'iomas Kl ine Sheriff of Cumberland County ALLEN Sworn and subscribed to before me this 1'fM! day of ~ ;Lt'OrO A. D . n. ". (J ~/Jd~' ~ Prothonotary ~~~_. 'i_~. - ~'\ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00912 P ~OMMONWEALTH OF PENNSYLVANIA: . COUNTY OF CUMBERLAND CHARLES DONALD N ET AL VS WOODRUFF RICHARD ET AL 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: WOODRUFF BARBARA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 7th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/07/2000 KEEFER, WOOD, ~ R. Thomas Klin Sheriff of Cumberland County ALLEN Sworn and subscribed to before me this .~3/lAt day of ~ o2.A-zrO A.D. ~~e.~~- ~ p~othonota'ry --"-,i IN THE COURT OF COMMON PLEAS &AYRKtH.CQUNTY. PENNSYLVANIA CUMBERLAND DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife 74 Ashford Drive Enola, PA 17025 TRUE COpy FROM RECORD In Testimony whereof. I here unto i,tmy hand and the ~ of said ~ carlisle. Pl. __Tills Jt~ ~/ '7!lrYM:J;,~~ PI ulboootary . ~ Plaintiff(s) & Address(es) e'H{ '7-~ No. ~~("'- '1/;J Civil Action - aao Law ( ) Equ i ty RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife 109 Tall Oak Drive New Cumberland, PA 17070 JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife 221 Bridge Street versusNew~Cumherland, PA 17070 LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF 207 Fourth Street New Cumberland, PA 17070 Defendant(s) & Address(es) PRAEC I PE FOR WR IT OF SUIM>NS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shal I be issued and forwarded to ( )Attorney OQUSheriff Please ask the Sheriff to serve all defendants at the above addresses. Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut St.. P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Names/Address/ Telephon No. of Attorney Ag:;(d;~, Supreme Court 10 No. 32147 Date: '2 /is- /nT) / , WR I T OF SUIM>NS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~ 4' Irq (~4-h J 7! ~ rothonotary ~ Date:):~ If- dn6?'J ~,a~ P _'Q2/J/'L r . Deputy-- ( ) Check here if reverse is issued for additional information PROTHON. - 55 ~ @S ~ @;V J ',' " I" Ii" ft;, ' ~,j<()~:: (>:J~h I ' I __ ~~ ,.~ <",'.. - ~, OFf\t:E OF Tl\f: ~)~1E,~,~FF - CUF;c:",' . , '" '{ .7 FEll 11 1.\ 02 PM '00 iv,-' ," ,. ~" ." 'I ~"I' f" E I'" ,j "~~. i 1 .. ;c., ,.\ , I , '- ~ , u,:,,' " .. .~~~ ~ 23:i @S ~ @:V I'Bfn~~'ti~iWa~llI~llijJ!m1_ IlM!8 ~_ _ r.r~h.--.._~_.",1lE, r~!ilU. ~- r- ~..~.~' ~ ~ '~. 'ULJ '>~-"""''III 1;" COUNTY OF YORK (1 of 2) OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN ,. PLAINTIFF/Sf 2. COURT NUMBER L Donald N. Charles, et. al. 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/Sf W r it 0 f Richard Woodruff, et. al. Summons 5. NAME OF INDIVIOUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD. Richard Woodruff 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY. BORO. TWP.. STATE AND ZIP CODE SERVE . AT { ]09 Tall Oak Drive. N~w Cumberland. PA 17070 7~ INDICATE SERVICE: IJ PERSONAL IJ PERSON IN CHARGE :l!l DEPUTlZE'CU~'RTJ..iwild IJ 1 ST CLASS MAIL NOW 2! 2 2 / 00 19 _I, SHERIFF OF V~cOUNn: A, do hereby d Ynrk COUNTY to ex tand ake to law. ThIs deputation being made at the request and risk ot the plainti ~ . B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: [J POSTEI;l [J OTHER the sheriff ot ereot according -'j -;, [-r'1 CJ OUT OF COUNTY CUMBERLAND \V _C c: 'J:.' :: ~;r ; -:;:-<;;:. >> ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF -0 -~, ~:..J ."tJ ~;, ~"',.. .,>~ ,v 1-;: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.EI. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property ~r within Wi1i:may'leave same without a watchman, in custody of whomever is found in ,p_ossession, after notifying person of levy or attachment, without liability on the part of sJc't?deputy or1f.le sheriff to any plaintiff herein for any loss; destruction, or removal of 'any. prpperty before sheriff's sale thereof. _C " ,'"\ 9~ TY'5l~~!'!l:li~~I'I~RM~~RIGINATOR and SIGNATURE 10. TELEPHONE NUmER 11 ~ DATE FILED 210 Walnut St., PO Box 11963, Harrisburg, PA 17108-1963 717) 255-8014 2/16/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). Cumberland County Sheriff OTHER ( ) SEE REMARKS (See remarks below.) 19. Date of Service 20. Time of Service 22. REMARKS: -- ..... V ~~3. Advance Costs 75.00 efun 40. Cost Due or Refund SO ANSWER. 44. Signature of De . Sheriff 00 45. Signature of York County Sheriff William M. Hose 46. Signature of Foreign Sheriff 3/3/00 49. Date 51. Date Received 4. BLUE - Sheriff's Office ~ & . , '. -~ (1 of 2) COUNTY OF YORK OrFICEOF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 2. COURT NUMBER U - ~ 4. TYPE OF WRIT OR COMPLAINT 1. PLAINTIFF/SI Donald N~ Chaz'last' at. al. 3. DEFENDANT/51 :'v r it of Hjcha~crl Vvoodruff, et.. a1.. Summons SERVE {" 5~AM., E O. F IND:~IDU~L;.~.G. ~M~;NY, CORPOR.ATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. . i'lL.lard wood:i?uf^~ :' 6. ABD-BESS'(STREjET OR,_RFD WITH BOX NUMBER, APT NO., CITY, BORD, lWP., STATE AND ZIP CODE AT 10c '1' ., 1 0' k' 'D' . Neb 1 . d P" '0'" - j 'a,L...~ a __ rJ,v~ ew ~um er~an, 'h 1. ( l{J 7. INDICATE SERVICE, IJ PERSONALIJ PERSON IN CHARGE )(0 DEPUTJ ~_ .~ ,jiiA!t;l IJ 1ST CLASS MAil IJ POSTED IJ OTHER NOW ~ -.i-I J . "~ 19~ I~HERIFF,'OE .COV,.,T.)'; PA..l'I!>h~reby.cje~llti~!!th<;sheriffof Yo r k . . ~ COUNTY t!>9xecute this Writ and make return thereof according t!>law. ThIs dep. utali!>n being made at the request and risk !>f the plaintiff. . SHERIFF OF X~XCOUNTY 8. SPECIAL INSTBUCTlON,S_ OR. OTHER INFORrTlON THAT WILL'~SSIST -IN EXPEDITING SERVICE: C urn b e r }~ a,fl. d OUTOFcoum.y CUMBERVIND ADVh'<CE FEE PAID BY ClJIIlBEPLAND COUNTY SUER IFF NOTE ONLY APPLICABLE ON WRIT OF EXEClIT!ON: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wilJ'!out"a watchman; In,custody of whomever is found. in-possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein tetany loss~ destruction; or removal.of any property before sheriff's sale, thereof. 9 TY:8y.11$:,1I.f~O~J?RI.GINATOIj~ndSIGNA"Ij/lE, . 10 T~LEPHONE NUMBER 11: DATE lOlLED 2.10 Walnu.t St., PO ~ 1196.3, Harrisburg, FA 17108-1963 717\ 255-8014 2r,6100 12. SEND'''NO'tICE-OF SERVICE COPY TO NAME AND AI.)DRESS BELOW: (This _area must be completed If notice is to be mailed). CUIlll:i~;*land County Sheriff 16. HOW SERVED, PERSONAL ( ) SEE REMARKS 22. REMARKS, ~i - ~- 41. AFFIRMED and sUb~q~tle,d.: to ,I;lefore'm~ -t~iS, ,-, 3-rd 44. Signature of /.... De . Sheriff ~_.?".~' u~ V"r.h, 45. Signature of York 42. day of ly.<<;.U.'........ - -' ' County Sheriff. !)J l ,;-' I 43. /P;: '/'i' ',,-~", WUUam M. Hose I . \ "li"rOthOnotary/No~~~U~ ,.- 46. Signature of Foreign MY COMMISSION EXPIRES' " .,' 'd!"",;;;.r ~/ 1/.::2... Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF T"ESHERiFF.'~ RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE -Issuing Authority 2. PINK. Attonley' .-3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office ~~~l~a~) O;~ 48. Date oj ,'~~'23. Advance Costs ~- 75.00 34. Foreign County Costs ',.4. .' /';~"J.. """if ~':;q {j -r V "y,4v€..~r vf?""P'~_._ 3/3/00 49. Date 51. Date Received ~.. - .",_.. - J7~ ~"""--""'- ~~ "~ "'" -,-. "'_ .L. - "\OJlliIIi'lN_ ~ COUNTY OF YORK (2 of 2) OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/Sf 2. COURT NUMBER 20 - 912 C i v i I Donald N. Charles, et. al. 4. TYPE OFWRITORCDMPLAINT 3. DEFENDANTISI W r i t 0 f Richard Woodruff, et. al. Summons 5~ NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC~ TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. Barbara Woodruff 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE { o POSTED lJ OTHER eriff of ing Cumberland OUT OF COUNTY CUMBERLAND NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN * Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loSS, destruction, or removal of any property before sheriff's sale thereof. 9. l"IPE'tIAME-AN&<APDRESS,of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Bradford Dorrance, Esq. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). Cumberland County Sheriff , fy~~~\", ..$1l'15111~~ SIGNATURE DF AUTHORIZED CLERK 13. I acknowledge receipt of the writ or complaint as indicated above~ J. Ludwig 2/24/00 16.HOW SERVED: P.RSONAL)>( RESIDENC9>< POSTED ( POE ( ) SHERIFF'S OFF ( ) OTHER ( I SEE REMARKS 17.0 I hereby certify al1d return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 18. NAM NDTlTLE OF INDIVIDUAL S RVEDI LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 22. REMARKS: 41.AFFIRMED an SO ANSWER. 42. day of 4. Signature of De . Sheriff . Signature of York County Sheriff William M. Hose 3/3/00 43~ ry/tpp.;j PUbli 46. Signature of Foreign MY COMMIS ION EXPIRES r;:LtI --0. Coun Sheriff 50.1 ACKNOWLEDGE ~ECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 49. Date 51. Date Received I: . -- " {2 of 21 ,~^. .- COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/Sf Dn~~ld No C~arles, et. a1 3. DEFENDANT/S/ Richa~(<l frvriL c::... l.~.'~)a~.:rt.lfc, p.,. p,.'., -- ~;1>-... - (~l~m"." ~~. ,. .".J !l!'- 'L'> SERVE { 5. NAME OF INDIVIDUAL. ,cOMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. . Barbara viood 5:uf f AT . 6t~~RE~~~~T~EE(~~:,RF~;I~:,:OX NU^::~;,AP~~I~I~;:V~ ~:~.::P, ::TEJA~~)Z;;~ODE 7. INDICATE SERVICE: Q-PERSONAL QPERSON IN CHARGE ""'-. EPUTIZ "umC'tft?E :J?Wi Q1STCLASSMAIl QPQSTED o OTHER NOW' . yU t 2 ! Oi0 Y 19'~I.lSHERIFli';O~. 'C.O~NTY,PA. dohllrebY'il~P\lt!?:1' thllJlheriffof . .~. COUNTY to execute th'$ Writ and make return thereof according to Jaw. This deputation being made at the request find risk Of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHE~-INFOAMATION THAT Will. ASSIST IN EXPEDITING SERVICE: . ~i: SHERIFF OF Y't)Q'Ilf[1l'- COUNTY Curnb(~ r:; ;:1 nd OOT Of' CD&'NTY CUMBERLAND NOTe ONLY AP~L1CABLE ON WAIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody ofwhorilever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destn,iction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDR~SS of ATTORN~Y/ORIGINATORand SIGNATijRE fO. TELEPHONE ~UMBER 11. DATE FILEO Bradford Dorrance, Esq.. 12. SEND NOTICE- OF- SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). Cumberl<l.lld(~ounty Sheriff . "f~'- \ "~If",t;l\lJa:~I:1J!~~]tf.'S!f(l}\l!);"illQ'T:;:wiitlrtili~~~:l't{lS';ti , SIGN"ATUREOF AUTHORIZED CLERK J. Ludwig 14. Date Received 2/24iOD 13. I acknowledge receipt of the writ or complaint as indicated above. 16.HOWSERVED, PERSONAi)(. RESIDENC~<l POSTED ( POEt ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS (See remarks below.) 19. Dale of Service 20. Time of Service 22. REMARKS, "" . SO ANSWER. 44. Signature of ./: ___ Oe . Sheriff ~,cp;?7"-~/" _"c',;~'Z-/ 45. Signature of York /' County Sh,eriff William Jv}., H()s~ , / protho.lnola~lfl"lPtS!Y. Pl!.~', -., 46. Signature of .Foreign MY COMMISSION EXPIRES, ' 1/;::6Y/f,/ {J........:' Goun Shenff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATU.RE OF AUTHORIZEO ISSUING AUTHORITY ANDTJTLE 1. WHITE. Issuing Authority 2. PINK - Attorney 3. CANARY ~ Speriffs Office 4. BLUE - Sheriff's Office 3rd 4J.,Date.-c... ;^IF ~' '''~O {.", 48. Date 41. AFFIRMED and sUbscrib.El~ to_before j'Tle'thls-\ ,.' ~f""'''-"",<.-" ,~~ _ ~,t'':-.,'.,'.:~~.:. _' '? ,;J__,'; ,4'l,.,~,\",-- .___' t.~. ~;f'.q~ lo" '". 3/3/00 49. Date 42. day of 43. 51. Date Received ,~~ , , ~-, ,"_M_~""~_'_ .'~ ",,-,,- .~'., _'_~"_"'="'<.'''__ ,__,,-,, --",,'~V.-,,- ""","' ".,~" "-"".-,- .'-"""" ~-,~,~',,- :----~',-"~-<: , ... Stephen 10. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box ggg Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants PRAECIPE TO TH~ PROTHONOTARY OF SAID COURT: Please file of record the attached Certificate of Service which served the Rule to File a Complaint upon Plaintiffs issued by the Prothonotary of Cumberland County on March 20, 2000, with regard to the above-captioned matter. 'Sl'1...-~ (~r..l :90473.1 THOMAS, THOMAS & HAFER, LLP By: ~ STEPHEN E. GEDULDIG, ES:UIRE Attorney 1.0. No. 43530 Attorneys for Defendants, RICHARD WOODRUFF and BARBARA WOODRUFF = ~ , .- ... Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants 0 0 0 ;: 0 " t ~u 'e_ - ~,,' " , i"') ~:l / ~_. c~ 0 E=: c) - ." -:-: --:; ~" ~ - (') , r.- ei ;-:-1 ~ ,-=. L: >: ~: U1 :;J -'< PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP J/lt/oo :89525.11 I By: STEPHEN E. GEDULDIG ESQUIRE Attorney 1.0. No. 43530 Attorneys for Defendants, RICHARD WOODRUFF and BARBARA WOODRUFF RULE NOW, {Il.';) /) c 1. .::to ABOVE. , 2000, RULE IS ISSUED AS (,:/ e~':ib) K f~ rothonotary -d0J '," " t' '" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the Pennsylvania, Mail, postage prepaid, at Harrisburg, on the ~day of March, 2000, on all counsel United States of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ~ Rosa B. Kul , .. ,', .,',,' .~"_ - "",'-,~.\ "w"'''",-~ "~_'<";"_~_ c,-, "'..'~"',-,_- ~_ 0.,=, _" "..:; II' , CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE SERVING THE EXECUTED RULE TO FILE A COMPLAINT EXECUTED BY THE CUMBERLAND COUNTY PROTHONOTARY ON MARCH 20, 2000, was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ay of March, 2000, on all counsel of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP .1lIIiiiI" _Will , " (") 0 0 c: 0 -'I <" ::;r -oci."! ~:...... :;:1 ,~' :00 :-;1,11 f'\) ;38 0:> ')6 c::: t:; --, .,.;; .~--.- "~D f,~3j "";;Il_" ~J;,;: €SF;? !J;,"J ~ c :?? -~j p: --I ::u --.:; .... -< ,d.,_, . C ~_ >"1 0>',,, '., - . ~ _. .. -'.-j", ,"-, ,~- 0__;.<-'_;'"_ ~'. _ -'~Ci-~ , DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JURY TRIAL DEMANDED RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; AND LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants No. 2000-912-Civil Term NOT ICE 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 ~o 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. 0;, " ,. - ., ~ -"">~"-'" ~,'"'" .~ >.', "-' ,~,." ~", -.;.. , ,. =~-,- ,'~ . ".;., .-" "0" 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: ~/f~/OO By: hi-. ~Q~-A-". 1_ ~ad rd Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) 2 - ~"- - ': ' ,c. -"" - , . < ~"'" -" <";;- ,.:..:' ':':-_:,,~ ',. , or. 'c_' ~ - _.- _~,,___,-,-, ',.-.,-,--, - 0 '- " ''!J' DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JURY TRIAL DEMANDED RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; AND LOUIS R. HOPF, i/t/d/b/a LAMPS UN" STUFF, Defendants No. 2000-912-civil Term COMPLAINT 1. Plaintiffs, Donald N. Charles and Deborah J. Charles, husband and wife, are adult individuals residing at 74 Ashford Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendants, Richard Woodruff and Barbara Woodruff, husband and wife, are adult individuals residing at 109 Tall Oak Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendants, John N. Pikulin and Edna L. Pikulin, husband and wife, are adult individuals residing at 221 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. '_J.', ,,_ ~0C ---:~'- - -,~- ,,-- ,,,,,- ,-,C,-- '.1-,'-" ,'_ _, __ '~ _",'n_ _n ,'"' ~ ~' 4. Defendant, Louis R. Hopf, is an adult individual residing at 207 Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070. At all relevant times, defendant traded and did business as Lamps "N" Stuff. 5. Defendants, and each of them, are owners, landlords, property managers, and/or tenants of certain real estate and a building located at 210 Bridge Street, New Cumberland, Cumberland County, Pennsylvania (the "Property"). 6. At all relevant times, defendants (and their respective agents, employees, and independent contractors) were in exclusive possession, management, and control of the Property. All acts and omissions alleged below were attributable to defendants and their respective agents, employees, and independent contractors, all of whom were acting under defendants' supervision and control and in furtherance of their business. 7. At all relevant times, including on February 18, 1998, Mr. Charles was a licensee, invitee, or visitor to the business premises located on the Property, which business was known as Lamps "N" Stuff and was owned and operated by Louis R. Hopf. 2 '_ 0 '-"', _,",' -~ ..__c._"," '-';:_"_,_ . 8. On or about February 18, 1998, at approximately 6:00 p.m., Mr. Charles visited the Property for the purpose (or with the intent) of conducting business with defendant, Lou Hopf, including purchasing, selling, and/or consigning an antique and other personal property. 9. On the stated date and at the stated time and location, Mr. Charles encountered certain dangerous conditions on the front porch of the Property, including, without limitation, the following: Mr. Charles tripped on and/or fell through a rotted and/or protruding floor board on the porch; lost his balance; fell against the porch railing; and landed on his side in the grass in front of the Property, sustaining damages, as alleged below. 10. Defendants, and each of them, owed Mr. Charles certain duties including without limitation: (a) the duty to warn Mr. Charles of certain dangerous conditions which created a foreseeable risk of harm to him; (b) the duty to use reasonable care in keeping the Property reasonably safe for Mr. Charles's benefit, including repairing floor boards which were weak, rotted, and protruding; 3 ,<;.c,", ',,-- -"'"'_~""'" ~_Oo~, ".'~'~' '.^'~- b ," ,',',_, ";"_~_'___ " ",,, .";E"c,.,-- ' ~"- (c) the duty to warn Mr. Charles of concealed and obvious dangerous conditions known to defendants; (d) the duty to remove personal property and other unsafe debris from the front porch of the Property; and (e) the duty to make reasonable inspections to discover dangerous conditions on the porch, to make those conditions safe, and to take safety precautions to prevent injury, including the posting of notices. 11. Defendants, and each of them, were negligent, careless, and reckless in that: (a) they breached certain duties owed to Mr. Charles, as averred above; (b) they created an unreasonable risk of harm to Mr. Charles by their acts and omissions; (c) alternatively, if Mr. Charles is deemed to be a trespasser, defendants acted willfully and wantonly in creating an unreasonable risk of harm; and (d) they failed to exercise reasonable care and were otherwise negligent per se and as a matter of law as a result of violating certain laws and ordinances relating to the Property. 4 , '.-'C- ,"-'"L~-_\ '.0' _ 12. On or about August 11, 1998, at approximately 7:30 a.m., Mr. Charles was standing on a ladder, roughly 30 feet off the ground, fixing the fascia flashing on a building located at 520 Reno Avenue, New Cumberland, Pennsylvania. 13. At the stated time and location, Mr. Charles felt tightening, numbness, weakness, and muscle spasms in his lower back and other parts of his body (which he had injured as a result of defendants' negligence on February 18, 1998). As a direct and proximate result of his February 18, 1998 injuries, Mr. Charles lost control of the ladder and fell to the ground, causing further injuries, as alleged below. 14. As a direct and proximate result of defendants' acts and omissions, plaintiff, Donald N. Charles, has incurred severe and permanent damages including, without limitation: (a) pain and suffering and inconvenience, scarring, and other disfigurement; (b) past and ongoing medical expenses, including surgery bills, prescriptions, medical appliances, physical therapy, and medical care and treatment; (c) loss or diminution of earnings, and impairment of earning power and capacity; 5 <.' - .4."'__, _"'" _"._" _'_. ,,-_-_' .\,,,c<,,_-.,.',_," _,"_0," ~__ - ~ ,,- --'-," - ~_", - ~:. I ~-,,- , '. ,-.." -' ,;-.,." ,- _,,'~'L;;":- --' - ~:;-! (d) physical and mental anguish, emotional distress, and embarrassment; (e) loss of life's pleasures, including walking, coaching youth sports, and hunting; and (f) certain physical injuries, including without limitation: (i) injuries to his neck and lower back, which result in periodic and sudden weakness, tenderness, and spasms, as well as exacerbations and flare-ups with physical activity; and (ii) severe and permanent injuries to his spine, including his L-l compression fracture and related conditions, complications, and disabilities. 15. As a direct and proximate result of defendants' acts and omissions, plaintiff, Deborah J. Charles, has sustained a loss of her husband's consortium, companionship, and services. 16. Alternatively, defendants' alleged acts and omissions were substantial factors in creating an increased risk of harm of the damages sustained by Mr. and Mrs. Charles, as alleged above. 6 '-,-"' ,,-- ,_ .'._0'_ -",-'-", '_0"'_" - '_, _ - <, 'f-< 'q_,;,- -~ ,,~' - ~~,~+"'-" - Y " ""-'--'"! WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, in an amount not to exceed $35,000.00 (exclusive of interest and costs), thus requiring referral to arbitration under local rule. Plaintiffs request such other relief as the court may deem appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: L/! '1/oU BY'~ .Q~ ..~ . adf d Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 . -- (Attorneys for Plaintiffs) 7 <' "- _._l,'.'~_ _' -__~ ~ ,,-J; '~-" ' -~ _,-~ '-.'_:__o""v;,,~_,,~,:__,:,.,__ '~-'c'~ _, ., ,,__,'.'_' ."",0-' VERIFICATION I, Donald N. Charles, hereby verify and state that: 1. I am one of the plaintiffs in the foregoing complaint and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: ~ ~C) ~n ~ 10. r]cu ~D.aJ Donald N. Charles ---- '., ,"".'" . ,,-".,'~--~,,-.,. :~ <'C ,~,_ ,'~' ,- , - o. " ",.~ '__ '';'.,;.'< '. - -, '"".~, , '<0-' -;..--,' . , . CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postage Prepaid Addressed as Follows: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 Dated: <-t!L <; !()~ ~~L~/~~ .. B dford Dorrance ....,. '-I-.lii~ - -, ,.- '..d- HoI ~,~, ,-", ." , .~- ."~ "" ,'-J ." C2 c:. '-- n ~""", ~, - -- ., C:.' -c-i ,~ , 5-> , j\<" ~';;. "- ---. --, '"< ("..:" -< ""'.",'" , .~ '" <-:,,'-, -,~-. "~ ...._"c,,'_,.,,_ "-',-'_' -c ,- iu" ,'- ^,~ ~'"","._'.,~- _, . ._'~ "_,, . ;'._~--i"'::"d'i.''-''''',;_';;>,i,,: .-, ;,;~>,,';;-B T . . DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JURY TRIAL DEMANDED RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; AND LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants No. 2000-912-Civil Term PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the original verification of plaintiff, Deborah J. Charles, to the complaint filed April 20, 2000. KEEFER WOOD ALLEN & RAHAL, LLP By: ~d;o;d~e~ _ft. ~ LD. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) ',--",",; ~ ~ ,',., ".' - . h -,' -.c.'b, _- - '" -- -~."':,.;}.,"~- ,;",,',,0, "'-,'"n',' ~""-~'/~';"'11 I , ;0 VERIFICATION I, Deborah J. Charles, hereby verify and state that: 1. I am one of the plaintiffs in the foregoing complaint and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: L//7...0 Jou .' ',',;,,',t.,,-"":'<'-~ -',',-""',. __," ,,';;--'-"- ,- :.c-;;", ;,<_~c,,'; ".-"c",'""" - ;;1 CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postage Prepaid Addressed as Follows: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Sixth Floor P. O.Box 999 Harrisburg, PA 17108 Dated: 'i/~{!O'6 hL ~~~ ~ ~ ~~ford Dorrance _~ J ~ illiIlliili.JJ .,," ~~ '"' ~ -"~ ',';,.1 ~":.- - < ,~. ',-- e', -" ,k""""h'",,)~~,~ ~,' ~--- , '.-, """""" . "" ,", "I (") c-:--- " C c_~, ...-,. -;-.J - E] C ,.c::. l.~ .. f' .j ("r', , (-,- - r=: -- ., ~~ ~~~ > ~:: ,,}.') , ~j 1:- :t< --, -.-, -<. J " -< I" DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 2QOO-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, i/t1d/b/a LAMPS "N" STUFF, Defendants ,.>--_._,~,- --- ..._".~.-.,---'-_....-.- '--","~'--~'- . '. CERTlFICA IE . . . . PRERE~UISlTEro SI:'-NICE OF StJ.~POE~~S I'URSUANT TQ RULE 4009.22 i-'- As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the day on the subpoenas were sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, llP -6 H ! 00 STEPHEN E. GEDULDIG, ESQUIRE 305 NORTH FRONT STREET - 6TH flOOR HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANTS H~ ~ . 1iIlJ.IIlad. ti.dL"".~ , . THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW JOSEPH P. HAFER JAMES K. THOMAS. II ROBERTSON B. TAYLOR JEFFREY B. RETTIG PETERJ.CURRY R. BURKE McLEMORE. JR. EDWARD H. JORDAN. JR. C. KENT PRICE RANDALL G. GALE' DAVID 1.. SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAUL J. DELLASEGA 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG. PA 17108 ROBERT A. TAYLOR SARAH W. AROSELL EUGENE N. McHUGH STEPHEN E. GEDULDlG KAREN S. COATES GARY T. LATHROP TODD B. NARVOL JAMES J. 0000-0 KENNETH A. RAPP KEVIN C. McNAMARA BROOKS R. FOLAND JOHN FLOUNLACKER JOHN M. POPILOCK MICHELE J. THORP DRUMMOND B. TAYLOR (717) 237~7100 FAX (717) 237~7105 WRITER'S DIRECT DIAL NUMBER OF COUNSEL JAMES K. THOMAS (717) 237-7119 April 11 ,2000 Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylania 17108-1063 Re: Charles v. Woodruff, et al Cumberland County No. 2000-912 Civil Dear Attorney Dorrance: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009.21 and copies of said subpoenas, regarding the above-referenced matter. Very truly yours, THOMAS, THOMAS & HAFER, UP Stephen E. Geduldig SEG:kak:92019.1 Enclosures . . LEHIGH VALLEY OFFICE: 12 E~ MARKET STREET. P.O. BOX 1172. BETHLEHEM, PA 18016 (610) 868-1675 FAX (610) 868^1702 , ~ -. --, , . THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 (717) 237-7105 (Fax) DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants TO: Counsel and Parties of Record Defendants intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, I.LP ~ STEPHEN E. GEDULDIG, ESQUIRE 305 NORTH FRONT STREET - 6TH FLOOR HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANTS Date: ~ ( r 1100 ...... ." .~ ~ L '. DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, iltld/b/a LAMPS "N" STUFF , Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records J. Stephen Snoke, M.D. Snoke Family Practice 1800 Carlisle Road Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports. correspondence. notes. memoranda and diaonostic studies reoardino Donald N. Charles. SSN: 168-36-6452. DOB: 4/20/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburo, PA 17108-0999. (Address) You may deliver or mail legible copies of the docurnents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you faii to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) " -....- DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, iltld/b/a LAMPS "N" STUFF , Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Gary Leidy, D.C. 433 North Enola Road East Pennsboro, PA 17025 . (Narne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports, correspondence, notes, memoranda and diaGnostic studies reGardinG Donald N. Charles, SSN: 168-36-6452. DOB: 4/20/46 at: Thomas. Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. HarrisburG, PA 17108-0999. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docurnents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court ProthonotarylClerk, Civil Division Deputy (4/97) DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, i/tJdlb/a LAMPS "N" STUFF, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records William W. DeMuth, M.D. Orthopedic Institute 3916 Trindle Road Camp Hill, PA 17011 (Narne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records, reports, correspondence, notes. memoranda and diaonostic studies reaardino Donald N. Charles. SSN: 168-36-6452. DOB: 4/20/46 at: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisbura. PA 17108-0999. (Address) You may deliver or maille9ible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above~ You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, within twenty (20) days after ~s service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATIORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) .u. ~ c DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, i/tJdlb/a LAMPS "N" STUFF , Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Healthsouth Rehab of Mechanicsburg 175 Lancaster Blvd. Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports, correspondence, notes. memoranda and diaqnostic studies reqardinq Donald N. Charles, SSN: 168-36-6452, DOB: 4/20/46 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburq, PA 17108-0999. (Address) You may deliver or rnaillegible copies ofthe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT ID#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) . ,. DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, i/tJdlb/a LAMPS "N" STUFF , Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Physicians of Rehab Medicine 175 Lancaster Blvd. Mechanicsburg, PA 17055 (Name of Person or Entity) Wittlin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports, correspondence. notes. memoranda and diaqnostic studies reqardinq Donald N. Charles. SSN: 168-36-6452. DOB: 4/20/46 at: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisburq, PA 17108-0999. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena rnay seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig. Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATIORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) . , "'.... .' DONALD N. CHARLES and DEBORAH J, CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No, 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN and LOUIS R. HOPF, i/tJdlb/a LAMPS uN" STUFF, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Borough of New Cumberland 1120 Market Street New Cumberland, PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all records, includinG anv police and zoninG records reqardinq anv complaints reqardinq the condition of the property located at 210 Bridge Street. New Cumberland, Pennsvlvania _ at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, HarrisburG, PA 17108-0999. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) r, l . " DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA P1KULlN and LOUIS R. HOPF, iltJdlb/a LAMPS "N" STUFF, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Realty Services Group, Inc. Donald A. Klaiber 1509 Cedar Cliff Drive Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. includinQ but not limited to maintenance and repair records, reQardina the propertv located at 210 Bridae Street. New Cumberland. Pennsvlvania _ at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. HarrisburQ, PA 17108-0999. (Address) You may deliver or mail legible copies of the docurnents or produce things requested by this subpoena, together with the certificate of compliance, to ,the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or thin9s required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) '"~~- ", " I, STEPHEN E. CEDULDIC, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, llP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Bradford Dorrance, Esquire KEEFER, WOOD, AllEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, llP 4ft/(eo STEPHEN E. CEDULDIC, ESQUIRE -~, _ "".' ."""". "--,~ -.-."'-, "."- ,",:, n I !j Ji I, STEPHEN E. GEDULDIG, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP 6)-}lod ~~-:J Stephen E. Geduldig, Esquire .'~:';" .; -; ::"III!l'I ~ " ~" -" " -oX >> ~ -'~ ^~- '~-.; ,""""""..: ' 0""""- (') C -c~~.. S2~S ~i~: s;G :;; C;?i."';) ~(:> PC::: -z :.t ~" L-:) (.5 :~ }:;iIO ~-<. 1 O~~ -> , ,-- .u :;It 1'.,) .' o -n .-' i~~1 ;Id :~"."\? ()(~ -~;::,:;.. :;::-Il 00 iSm .'4 ~ :..n .17 rt! --~- -'-,,,..,,--; .> -'0 -,,-, ..--' "'c-,"- ,-,,-'. .~., ,,, < " "" lii' ... Stephen E. Geduldig, Esquire Attorney I.D~ No. 43530 THOMAS, THOMAS & HAFER, LLP 30S North Front Street Post Office Box 999 Harri$burg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants NOTICE TO PLEAD TO: P1aintiffs and their counse1 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. , Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 1/l ([7D By: :93782.2 STEPHEN E. GEDULDIG, SQUIRE Attorney 1.0. No. 43530 Attorneys for Defendants, RICHARD WOODRUFF and BARBAlU\. WOODRUFF "'''-'"'-..::' """';~-"'o" . ~"-I" _,' -~,",-,'_" .; "" _" ,_c,"" -"'~, ;,,,,,~.,, ~o--,--_,_~,.:-;,~ ,~H ,-'.;>,., ;r'O ." -j , Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER. LLP 305 North Front Street Post Office Box ggg Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants ANSWER AND NEW MATTER OF DEFENDANTS, RICHARD WOODRUFF and BARBARA WOODRUFF, TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Richard Woodruff and Barbara Woodruff ("Answering Defendants"), by and through their undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Admitted. 3. No response is required as this paragraph is directed to other than Answering Defendants. C-.' ,;. ,-'.. "o,-_;~,; ,~'''_ ,;., __J., ",-.c.-o ;-_,,-Ci--:i'C _" 4. No response is required as this paragraph is directed to other than Answering Defendants. 5. Denied. Answering Defendants do not now own, possess or control the building located at 210 Bridge Street, New Cumberland, PA. By way of further response, at the time of the alleged incident on February 18, 1998, Mr. and Mrs. Woodruff did own the property. To the extent that paragraph 5 of Plaintiffs' Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 6. Denied as a legal conclusion. By way of further response, as noted above, it is admitted that Defendants, Richard and Barbara Woodruff did own the subject property on the date of the alleged incident. 7. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 8. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 9. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 10(a)-(e) Denied as legal conclusions and pursuant to Pa. R.C.P.I029(e) 11(a)-(d) Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 12. Denied pursuant to Pa. R.C.P. 1029(e). 2 ~ 13. Denied pursuant to Pa. R.C.P. 1029(e). 14(a)-(f). Denied as legal conclusion and pursuant to Pa. R.C.P. 1029(e). 15. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 16. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . WHEREFORE, Defendants, Richard Woodruff and Barbara Woodruff, respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 17. Paragraphs 1 through 16, above, are incorporated herein by reference as if fully set forth at length. 18. No act or omission on the part of Defendants, Richard Woodruff and Barbara Woodruff, caused or contributed to Plaintiff's alleged injuries and damages. 19. Plaintiffs may have been comparatively negligent and/or assumed the risk of their alleged harm. 20. Defendants, Richard Woodruff and Barbara Woodruff, may not have owed any duty to these Plaintiffs in general, and in particular because any condition, denied as aforesaid, which was 3 , --" /--. ,~...- ~ ~,^,- "',c" . .i-; , allegedly involved in this accident was open and obvious to the Plaintiffs or to any reasonable person similarly situated. 21. Plaintiffs may have failed to mitigate their injuries and/or damages. 22. Defendants, Richard Woodruff and Barbara Woodruff, plead a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiffs. 23. Alternatively, Defendants, Richard Woodruff and Barbara Woodruff, may have owed a duty only as out-of-possession landlords. WHEREFORE, Defendants, Richard Woodruff and Barbara Woodruff, respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. Respectfully submitted, rom, {' (ul"" By: THOMAS, THOMAS & HAFER, LLP 'TE~SQ~'RE Attorney 1.0. No. 43530 Attorneys for Defendants, RICHARD WOODRUFF and BARBARA WOODRUFF 4 -~ ,',',"'0" " '" ''',', 0. -~".-_,~_,.' ..,,", .. _',., ".; ,';",.,,-,.,_ ,''''-~.' ...~;,..-,,",,-,;;.,-:",.., ""0." _ _ ^ ,_._ VERIFICATION I, Richard Woodruff, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S.A. 4904 relating to unsworn falsification to authorities. s /4"1 f1<O " ~. ~ ---;/y Woodruff Richard (oJ .J. t~ 6/J~4- /;;."" U*j (}..,) )/.h.eJ /11-(, c;t..r: t' ,., .e,h/ .,,- )..{ 0 (l;e., dG-(' SI. (9 - ~'.-,L -_". ,-~_~,_,.:i,__,~ ., ,-' -,~,'-.'.c.<'-, ",_-;,,~ ,- ~-~~"'~"-""'",1>, - . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, posta~epaid, at Harrisburg, Pennsylvania, on the ~ day of May, 2000, on all counsel of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP jjjW:" '~.' --.., ," .-< '1 '., o r; -ntb rilrTi ~7 --.- ~~ ~.~~~ ~~C) -:;:::=fJ >'>r;;~ :Z ~ , c:> C) ::J:: ~~ o -n ~~1~ :II .. --...,ITI '''JCl b~r ~""l'-. -',... , ~~??~ (jn'1 'j;i ;:0 -< N .'J :=.-;: r;" '0 E "-,,-,,,,,,",,,",,- " ~, - .,-, , .,",',-----", .-~,~ ;, j,] ,- . DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JURY TRIAL DEMANDED RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; AND LOUIS R. HOPF, i/t/d/b/a LAMPS UN" STUFF, Defendants No. 2000-912-Civil Term REPLY TO DEFENDANTS' NEW MATTER 17. Paragraph 17 is an averment to which no responsive pleading is required. Plaintiffs incorporate by reference herein paragraphs 1 through 16 of their complaint. 18-23. Paragraphs 18 through 23 are conclusions of law to which no responsive pleading is required. To the extent a ""c>' '"-c' ,;~ ,', ,'-, ~~. c,\ ".~__ i<_"",_;_,,",_,,-,_.,.,,- <'''' -, ~,~ . 0' ,~ I responsive pleading is deemed necessary, plaintiffs specifically deny the stated allegation and demand proof thereof, if relevant. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: S/-U"'{Ob BY:~~ ~ radfor Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) 2 "c~' ~ "0 "', ',-'-"- ,.-,-'.,:;- -'_"_'-"0_ ".C --,~-:,;--,__ '-'-~._,' ;".. -, -.-, -,- . '''''-",'f VERIFICATION We, Donald N. Charles and Deborah J. Charles, hereby verify and state that: 1. We are the plaintiffs in the foregoing matter and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing pleading are true and correct to the best of our knowledge, information and belief. 3. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: 5/26/00 Ci}~i ;Y. dlo...Q,.,.- Donald N. Charles Dated: 5/26/00 ~#.dMk De rah J. Charles ,---.'-.~ - " ':,A.- " ." _.J CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows. Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 (Attorney for Defendants, Richard Woodruff and Barbara Woodruff) Mr. Louis R. Hopf 207 Fourth Street New Cumberland, PA 17070 Mr. John N. Pikulin Ms. Edna L. pikulin 221 Bridge Street New Cumberland, PA 17070 Dated, s: /"-b! Db ~d~~ 0- ~ "'O.m mrn z~ ~K ~6 .~ - a o :x ~ w ~;; *~~,--' -,:., ' "', ._);; . ~nb ~~~ ".:;", (5')'1 b! .~ "'" :x 9? ~ 0::> t'j ~..'~ " "" - ~- "i . Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box ggg Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULlN and EDNA PIKULlN DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v_ CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, John R. Pikulin and Edna Pikulin, in the above- captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP J~Jv , By: ~~l' STEPHEN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 43530 :89044.2 Attorneys for Defendants, RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN .. ~. ", ^ ". 'c~ " '.. '._ ".,.,.J n.,> o~ -c-~".' I .' " ,=-. J ,; y I . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ay of May, 2000, on all counsel of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for Plaintiff Mr. Louis R. Hopf 207 Fourth Street New Cumberland, Pennsylvania 17070 Defendant THOMAS, THOMAS & HAFER, LLP :89521.1 .- ~--:,- .- I ~ '''.' . '.""" -~ ~- - ", '-> = ~ c 0 <;'~ "- ~:::l - ;gm ,-- ~::'J ;11 rn Z Z:n I uiTt Z~ ~.;o (.f) _; N ;;]t::) ~e --, -,-' -("; '- () ;1] ~O -". -7'1.) >8 ~ 01:-1 ~ ~ "" ;q r" '< ~"~ . DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : JURY TRIAL DEMANDED RICHARD WOODRUFF and BARBARA WOODRUFF, husband : and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; and LOUIS R. HOPF, i/t/d/b/a Lamps "N" Stuff, Defendants : No. 2000-912-Civil Term DEFENDANT LOUIS R. HOPF'S ANSWER TO COMPLAINT AND NOW, comes the Defendant, Louis R. Hopf, i/t/d/b/a Lamps "N" Stuff, and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. L.._,'. - - ~"- ~;... - 5. Admitted. 6. Denied. It is denied that Defendant was in exclusive possession, and/or had management of the subject property. It is further denied that any acts or omissions alleged were attributable to him or his agent. 7. Denied. It is denied that at all times, including February 18, 1998, Mr. Charles was a licensee, invitee, or visitor to the business premises located on the property. Strict proof thereof is demanded at time of trial. 8. Denied. It is denied that Mr. Charles visited the property in question for purposes of conducting business with the Defendant. To the contrary, Plaintiff told Defendant's partner, James Shade, that he was there killing time. It is further set forth that Plaintiff has never bought anything from the Defendant, or sold anything to the Defendant, and therefore, it is denied that he was on the property on the day in question for the purpose of conducting business. It should further be noted that no business was conducted on the day in question, and that no "business" has been conducted either before or since then. Indeed, there were no questions to Mr. Shade about lamps, and there was no discussion about lamps. Instead, they just engaged in basically meaningless conversation. ".. , 'I I 9. Denied. To the extent that Defendant and/or his partner, James Shade are without any knowledge of the fall in question, it is therefore denied that the Plaintiff ever fell. It is further set forth that while Plaintiff spent at least 15 to 20 minutes with the Defendant and/or James Shade, he never mentioned that he had fallen, and he never mentioned that there was a hole in the porch. Further, he moved around very easily, and at one point he hid behind a counter and then jumped up, pretending to scare the Defendant. Furthermore, Defendant is without any knowledge regarding a rotting and/or protruding floorboard. Indeed, numerous individuals enter and exit the premises on a daily basis, and there has never been a problem or any notification. Furthermore, Plaintiff was the maintenance man for the property, so he should have known about this, if it existed. ID(a). Denied. It is denied that the Defendant Louis R. Hopfhad any duty to wam Mr. Hopf of any dangerous conditions, given the fact that he was a tenant, and Mr. Charles was the maintenance man assigned to maintain the property. 1 O(b). Denied. It is denied that Defendant had any duty to keep the property reasonably safe for Mr. Charles' benefit, including repairing floorboards which were weak, rotted, and protruding, particularly given the fact that as aforestated, Defendant was a tenant, and Plaintiff was the maintenance man. - -~ ,~ "h_' ,i ] "1 ij ! , I D( c). Denied. It is denied that Defendant had any duty to warn il 11 [1 :4 Mr. Charles of concealed and obvious dangerous conditions, given the fact that .) I' 1-' Defendant was a tenant and Plaintiff was the maintenance man. , :'1 " I D( d). Denied. It is denied that Defendant had any duty to remove Ii " ii rl L, Ii personal property and other unsafe debris from the front porch ofthe property, given the fact that Defendant was a tenant and Plaintiff was the maintenance man. I D( e). Denied. It is denied that Defendant has any duty to make iI ::1 J 11 , ~1 I" I; f} inspections ofthe porch, to make the conditions safe, and to take precautions to prevent injury, including the posting of notices, given the fact that the Defendant J was a tenant and the Plaintiff was the maintenance man for the property. ,; ,.' Ii I,: i" I I (a). Denied. It is denied that the Defendant was negligent, careless and reckless. It is further denied that he in any way breached certain duties owed to Mr. Charles. I I (b). Denied. It is denied that Defendant created any sort of unreasonable risk of harm to Mr. Charles, by his acts or omission, and as aforestated, it is respectfully submitted that Mr. Charles was supposed to be aware of the condition of the porch, not the Defendant. ll(c). Denied. It is denied that Mr. Charles was a trespasser, or that the Defendant acted willfully or wantonly or created an unreasonable risk of harm. 11 (d). Denied. It is denied that Defendant Louis Hopf failed to exercise reasonable care or was otherwise negligent per se, to the extent that Louis Hopf was a tenant and Plaintiff was the maintenance man. 12. Denied. Defendant is without sufficient knowledge to allow him to respond to this allegation and therefore it is denied. Strict proof thereof is demanded at time of trial. 13. Denied. It is denied that Plaintiff is feeling any sort pf physical symptoms as a result of any incident that occurred on February 18, 1998, because it is denied that any incident ever occurred on February 18, 1998. It is further set forth that whatever did or did not occur on February 18, 1998 was not a result of Defendant's negligence. l4(a-f). Denied. It is denied that Defendant committed any acts or omissions, which caused Plaintiff to incur injuries. c, "" ~"^ . _'~:Ij II I 'I il I Date: 15. Denied. This allegation is denied to the extent that it is denied that Defendant committed any acts or omissions, or was in any way negligent. 16. Denied. This allegation is denied to the extent that it is denied that Defendant committed any acts or omissions, or was in any way negligent. WHEREFORE, Defendant Louis R. Hopf, i/t/d!b/a Lamps "N" Stuff, respectfully requests this Honorable Court dismiss the claim of the Plaintiffs for damages. [/7/0' {I ; Respectfully submitted, Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 LD. No. 33671 Attorney for Defendant Louis R. Hopf 1. . ~ ~" ~, , '_, ' H IJ :.-; i~ i-~ I', 11 '1 !; I-r, I .~ " " t ~ t', r, " " i ~ i1 Ij ;,1 , " i~ I 'l l\ i: >- <") ~ a; N ~ .. 3;5; l)..}Q - ~{t} .- 02 ...o:TO <:( l~5i~~> 0._ O;;J , : 0::) :: if) ~. "-:Z {":-'1 -- . ~~ - ~, ccz 04"'- U,Ju.! LL_" ~ :::} CGD- '1"-" , ~~ ,-'-- Co':;) :::J C} C) <.) SILUKER & REINHOLD AITORNjlYS AT LAlN 5922 L1NGLESTOWN ROAD HARRISBURG. PENNSYLVANIA 17112 TELEPHONE (117) 671-1500 N - Q ~ ...l ~-<:g 0'>0-<<> .. z- :J:: joG,( ~ Z z~(O ~\i:~i;;E: =: ~,gZr-- ""'>-<IlZ~ ~[.Lj~[.Ljt.lJ ~Z5o.Z ~~zc:ig ,",!:;-oGo. ~ <t"~~~ ~ O\(IlLLl .. V);:~ "" 0.: ~ '. . - -~, " "-"", ~ ' ,,', -,'"-,'- ,- - ,~, -, .'" ~,- _ "--"-,~ . -j; ~ "--)-''^''-~-""''''-'""'i.<' -'~"'-~"'-"~'-'"b."",,-C," ~_ ""., - DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE '-';, It is agreed that Defendants, John R. Pikulin and Edna Pikulin, are granted an extension of time through June 30, 2000, in which to file an answer or preliminary objections. After the above date, a judgment of non pros or by default, as may be appropriate, may be entered upon praecipe without further notice. (of 10 D /;D te ~M~~!)~u:;e .. Attorney for Plaintiffs S ephen E. Geduld'g, Esquire Attorney for Def dants, RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN R. PIKULIN and EDNA PIKULIN ,~ -- "' -<--,'" -.--=-~-" ,,,,--,,-,,-- " ; ,_,,_J..__"_i.~_"r '->~'>O'^ _~__""~'''"~''',",'W: '__" ~~"~-,,,,".----,~-'",,= --~',;,,;__,_"_',_~__ "0 ~."" 1 - CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, pennsylvania, on the ~ay of June, 2000, on all counsel of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Attorneys for P1aintiff Mark T. Silliker, Esquire SILLlKER & REINHOLD 5922 Linglestown Road Harrisburg, Pennsylania 17112 Attorneys for Defendant, i/t/d/b/a LAMPS "N" STUFF THOMAS, THOMAS & HAFER, LLP :89521.1 ~--' _'c_' _~"~..cL.->> -~'~;","-"'",-v,.- ,-. , v -.- ,~ "~~ - \ 0 .c-; t/ C 0 $:: L.. "U r.C: c; -( ~ rilfTi Z~'J ZC~. (.,) !",":; S~~ C) <Cl ~.'(l -,"! J>-~, ~.--' . C:J zt~ .':.,,"', :PC 5f" z ,'>,) :;t U1 :<. m ~i-"- -'. " '-.' -_.,,'" _ ~ ,;;"r_' ,- ~"dC ','_"." ~.,~ " "__~a" "" ~" ~~; . ~ ~ i THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box ggg Harrisburg, Pennsylvania 17108 I t- ~~, f: Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: JOHN N. PIKULlN AND EDNA L. PIKULlN ! , rJl ! r ! " f: i rj t r r DONALD N. CHARLES and DEBORAH J. CHARLES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW No. 2000-912 Civil RICHARD WOODRUFF and BARBARA WOODRUFF and JOHN N. PIKULIN and EDNA PIKULIN and LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants I' i , [:: t:' I': i" ANSWER AND NEW MATTER OF DEFENDANTS, JOHN N. PIKULIN AND EDNA PIKULIN, TO PLAINTIFFS' COMPLAINT ~i ~f '" ili " AND NOW, come Defendants, John N. Pikulin and Edna Pikulin ("Answering Defendants"), by and through their undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. No response is required as this paragraph is directed to other than Answering Defendants. 3. Admitted. ...;" , - ,'-;.-' ,,'0,.'_","- " - -. ,,' - "' - ,~ ~'- - '. "'''! l e i' '. 4. No response is required as this paragraph is directed to other than Answering Defendants. 6. Denied as a legal conclusion. By way of further " t.' ,. t r Ii] 1': Gi t H I: tJ I: I; I f I f r t I: t I; r I i~ ~i 5. Denied. Answering Defendants do not now own, possess or control the building located at 210 Bridge Street, New Cumberland, PA. By way of further response, at the time of the alleged incident on February 18, 1998, Dr. and Mrs. Pikulin were only the mortgagors of the property. To the extent that paragraph 5 of Plaintiffs' Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). response, as noted above, Defendants, Dr. and Mrs. Pikulin were only mortgagors of the subject property on the date of the alleged incident. 7. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 8. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 9. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 10(a)-(e). Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 11(a)-(d). Denied as legal conclusions and pursuant to Pa. R.C. P. 1029 (e) . 12. Denied pursuant to Pa. R.C.P. 1029(e). 2 >- "~. '~ "-,, - . , '-, ~" .-'"'" ,.. "'~-~-" --<~~~"-',,_.' - '..,---. 13. Denied pursuant to Pa. R.C.P. 1029(e). 14(a)-(f). Denied as legal conclusion and pursuant to Pa. R.C.P. 1029(e) 15. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 16. Denied as legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . WHEREFORE, Defendants, John N. Pikulin and Edna L. Pikulin, respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 17. Paragraphs 1 through 16, above, are incorporated herein by reference as if fully set forth at length. 18. No act or omission on the part of Defendants, John N. Pikulin and Edna L. Pikulin, caused or contributed to Plaintiff's alleged injuries and damages. 19. Plaintiffs may have been comparatively negligent and/or assumed the risk of their alleged harm. 20. Defendants, John N. Pikulin and Edna L. Pikulin, may not have owed any duty to these Plaintiffs in general, and in particular because any condition, denied as aforesaid, which was 3 '-_-'.c ---, q"-,-, I ii; I I' I I h: r: r I, I I I' I I' ,., ti Ii f " I r i;: k I": {i I~:' !i-, i, I' I" iii '" I' I.:' I:' I. " [I! 1\ "'.'-- ,- -...- - ~". - -~ " ~ allegedly involved in this accident was open and obvious to the Plaintiffs or to any reasonable person similarly situated. 21. Plaintiffs may have failed to mitigate their injuries and/or damages. 22. Defendants, John N. Pikulin and Edna L. Pikulin, plead a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiffs. 23. Alternatively, Defendants, John N. Pikulin and Edna L. Pikulin, did not owe a duty to the Plaintiff as mortgagors of the subject property. WHEREFORE, Defendants, John N. Pikulin and Edna L. Pikulin, respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP t:tulo() ~L~I ST HEN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 43530 By: :93782.1 Attorneys for Defendants, JOHN N. PIKULIN and EDNA L. PIKULIN 4 ."'="," Rp), ~ f.j ~i' -,-i I I ~l I' ~} I; :, ~ f~ ~} I' n ii i 1-' ri W:. i:i' rl " tf, & I: ~, 11 Ii p ~: r: I^' li. ~ ~ ,~ f !i ! ~; I: ! f v I, I I: Ii I, ~ F Ii :! \i " , - - ~ ,,~. _ _Co '" " --,-, -,-- ~ \~-" ~ i~i 1'0' I' Il, I;' ~~ I!~ I': Ii; I" !t; VERIFICATION !;\ I, JOHN N. PIKULIN, hereby verify that the averments made Ii i' I: !': .; " !J in the foregoing document are true and correct. I understand ~,. [I I' ,1 i.',.' fl );' ~ Ie !, that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. (; ~I ht700 . I ~~ ii".... t ~ .-<-'- ., 'C , '" " -- ,- ~~ - - - - -~=,~~ . "~-Iii' !r~ ~, ~:; I~j Ii,: ~l ~~ i~i i' l ~,~: Ll i~ 1;1 i1 i; Ii ti Ii iii I; r Ii I; , CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~~ day of June, 2000, on all counsel of record as follows: Bradford Dorrance, Esquire KEEFER, WOOD, ALLEN & RAHAL Post Office Box 11963 Harrisburg, Pennsylvania 17108-1063 Mark T. Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, Pennsylania 17112 , I' " ~. ~' , i I) ~ ~ ~ ~ ~ b (!' I, ~: Attorneys for Plaintiff Attorneys for Defendant, i/t/d/b/a LAMPS "N" STUFF THOMAS, THOMAS & HAFER, LLP S'"~i'" ~n. " -L-.;,;;. " ~,)(QJJl~l!jiit,~ ~. ~""..". .,-~~r.-e,<"" v_. q, " '<'-,--- Q c;J 0 L c.., -n ~;- ~ ~-l vGJ. c: ':T: --;-f rllrcl Z r-;~ip Z:;.:.:J f',> -08- Z~~ ...J ::;J , ~:2: 00 c;:o -0 =J!-C O::i.i :<>.., :;]t ..-..-0 :z:\~ Om "-0 r.a ,;::o-c: .=-0 ~ N .~ ~ ,,-- Jl ".~'. ,",'~'~,,_ ,~...' - '-""""':":"~ <," ,'C'..." J ,'.::\ ,,:' ~, ,.;~ -'~,,"' ~' '>:- .~_: '':';'(~~:';~';'';';~<''''~:;';':'~~_' ' ,}" I II' ID l !~ ! ~ ~: .. . DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JURY TRIAL DEMANDED I' Ii ! I I'...,......,. . i ~, Plaintiffs RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; AND LOUIS R. HOPF, i/t/d/b/a LAMPS "N" STUFF, Defendants No. 2000-912-Civil Term REPLY TO NEW MATTER OF DEFENDANTS, JOHN N. PIKULIN AND EDNA PIKULIN 17. Paragraph 17 is an averment to which no responsive pleading is required. Plaintiffs incorporate by reference herein paragraphs 1 through 16 of their complaint. 18-23. Paragraphs 18 through 23 are conclusions of law to which no responsive pleading is required. To the extent a Date: =t / J '-I. { 0 "" BY:~J adfo Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 2~- e'. .-i ~ ~J " ' , ,~ ~ ~ I~ ,~ 'I :1 ;j ,I "~ :! 1"1 'I 1'1 ~l II j 'I ~ I ~l' , I r~1 I I I ~ - ,- .._.cl ,~-.,,, '-< ,'C-., .__.~ ~ ,;' ,." , ,-. ,_ "" ",,- . -.,; , '" 1 responsive pleading is deemed necessary, plaintiffs specifically deny the stated allegation and demand proof thereof, if relevant. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP (Attorneys for Plaintiffs) 2 '= ~ -:;~.<_- _ n" <r.' . . - _~_,-, " '.:,,: ----~:,-L\~ ~ I~ ~': ;i il; ill ~~ ~." i~ I~! '.;;. ,'1 ij ~l "I ,d ~I' 1'1 II i! M " :1, _I' ::J ~ ~ ~ I II ,! I ~ I I I I I' l .. VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for plaintiffs, Donald N. Charles and Deborah J. Charles, in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing reply are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: 1-/lt-LC90 g ~:EDr:nc: ~ ,. ,~ '._:,~_.~ ;'--~: Do", ~;",' ,~, -__ ,._ ,; .,_ ' 0' .' , ," ~,." -,',,;;.,;,~ -- ,,', _'e ," ",'-' ,-',;,..; <'.-' "- CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaoe Prepaid Addressed as Follows: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 (Attorney for Defendants, Woodruff and pikul in) Mark T. Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 (Attorney for Defendant, Hopf) Dated: Tjl Lfje:JO ~QD~. ~ B adford Dorrance . .,' ,,~ --" - , ' "e< "~I:: ~.~.' \U <, ~i .;:i ~; 'j li1 ~f'."...' €~ fj ',' -~1 ~ ~ ~ " i I" I.,'..:.. I ~ ~ ~'I ~ ~ l'~ ,,, I' ,<I ~ ~ , ~. I i cil.....,~~.......1 .-, .. , " ~, " , cA ;..(;=" " " ." ~ 0 <.,./ C CJ ~-, c d:; c~. -.. 7~ r=-'--: /:- )~;: Cl:; c:c -, ,. r:: c-~; :r:c'> )::-: ,- 2:': ",' C' C; ....,. .> c "~ --7 , ~'::l , <':' ~..- ~..., -< I ..J ~: ~ . I~,''''''"", ",-, -,,,-v,;;.' ,- __ __ ._ _, ~-_"~. _" '--~'-~-.-r'- f .. DONALD N. CHARLES and DEBORAH J. CHARLES, husband and wife Plaintiffs v. RICHARD WOODRUFF and BARBARA WOODRUFF, husband and wife; JOHN N. PIKULIN and EDNA L. PIKULIN, husband and wife; AND LOUIS R. HOPF, i/t/d/b/a LAMPS UN" STUFF, Defendants - - ". ,,~';.,-~.,;,~'i, """-,, ^ ~.~.~,~___._ ,_ - ',~ " -,,'- ;,,_.. -'-"-' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED No. 2000-912-Civil Term PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: You are authorized and requested to discontinue the above action with prejudice. Da te: ) \ -.{ [Ii> \. ~~- I.D. No. 32147 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) -. , - -. -- " --. --. - ~ ,., - , ,_ r ,. -;,-_"',-_~"_'.""..<k_h: '-:--_<;'7 ~_, __O___"~., _,,'___,. ~ ."-- :I~, I ~, ~: ~ , , ~ , ... II i'f CERTIFICATE OF SIERVICE I I hereby certify that I hav~ this day served a copy of I I the foregoing document upon the perso*(s) and in the manner indicated below: ~' i ~. ~ [ ~, , First-Class Mail, Postaoe Pieoaid Addressed as Follows: ~ 1,1.1:.. !I &1 1\;j It. I. 11 II ~ ,J " ~ Stephen E. Geduldig, Esquir$ THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 (Attorney for Defendants, Woodruff and pikul in) Mark T. Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 (Attorney for Defendant, HoPf) Dated: tl~/e( ~ rkdford ! ~. -#-_- . -- Dorrance ....""" ","",",~,~",,,,~ . ". ~.,.;,- ,"" r , "~.,' ",,- o s; ~,- "1:'J f.~ rill-' ~~j ~f; ~E ...--~ :.::( , "', , ,~ :",:>,-, ',,' \.0 -r) ~, '.~ 0"',