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Home My WebLink About00-02684 _,I- - '~,. ' < 0 iHj ~~ F:\FILES\DATAFlLE\Gendoc.cur\9917com.l/nlm Created: 03128/0008:14A4AM Revised: 04/07/00 12:21:12PM 9917.1 PATRICKE. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, J.o--v-o ~ o(~ fit- ~ CNILACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written ~ppearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDONOT 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, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO ~.~ By / ~orge B. Faller, Jr., I.D. Number 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 e Attorneys for Plaintiffs Date: (Y)~ J, lat> .], ~. "', ~ ( PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. th>- J.l..N C:rJT~ CNILACTION,LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. Plaintiffs Patrick E. Clifford and Florence Clifford, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 140 Fineview Road, Camp Hill; Pennsylvania 17011. 2. Defendant Virginia L. Racek is an adult individual who resides at 3744 Fisherville Road, Downingtown, Pennsylvania 19335, 3. The facts and occurrences hereinafter related took place on or about May 11, 1998, at Danny's Sporting Goods, 7851 Paxton Street, Harrisburg, Pennsylvania 17111. 4. At that time and place, Mr. Clifford was operating a 1990 Honda sedan and had slowed down to make a right into Danny's Sporting Good Store. 5. Thereafter, Defendant Virginia L. Racek was operating a 1991 Ford station wagon and was traveling behind Mr. Clifford. 6. Thereafter, the Defendant, operating a 1991 Ford station wagon, traveling behind Mr. Clifford on Paxton Street, collided into the rear of Mr. Clifford's Honda sedan causing an accident. 7. The foregoing collision and all of the injuries and damages set forth hereinafter sustained by the Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which the Defendant operated her motor vehicle as follows: a. failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to brake in sufficient time to avoid causing a collision rear-end motor vehicle accident; ,8 ~. .~ c. driving her vehicle upon the highway in a manner endangering persons, property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Patrick E. Clifford v. Virginia L. Racek 8. Paragraphs 1 through 7 ofthe Complaint are incorporated herein by reference. 9. Plaintiff Patrick E. Clifford sustained painful andsevere injuries which include but are not limited to an aggravation of a previous underlying cervical disc disease, necessitating extensive medical treatment, hospitalization and one cervical surgical procedure. 10, By reason ofthe aforesaid injuries sustained by Patrick E. Clifford, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefore. 11. Because of the nature of his injuries, Mr, Clifford has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefore. 12. As a result of the aforementioned injuries, Mr. Clifford has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefore, 13. Mr, Clifford continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore, WHEREFORE, Plaintiffs Patrick and Florence Clifford demand judgment against Defendant Virginia L. Racek in excess of$25,000. COUNT II Florence Clifford v. Virginia L. Racek 14. Paragraphs 1 through 13 of the Complaint are incorporated herein by reference. 15, As a result of the aforementioned injuries sustained by her husband, Plaintiff Patrick E. Clifford, Plaintiff Florence Clifford has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment, and claim is made therefore. "~~~ ^""mL. '" i~' WHEREFORE, Plaintiffs Patrick and Florence Clifford demand judgment against Defendant Virginia L. Racek in excess of$25,000. MARTSON DEARDORFF WILLIAMS & OTTO By Ge: e B. Faller, Jr., Esqu. e LD, Number 49813 Ten East High Street Carlisle, PA 17013,3093 (717) 243-3341 Attorneys for Plaintiffs Date~rbj j, 2tJoo .d}f~: -'..4"7 I""" ',- -~,:~i 04/25/2000 13:15 7172431807 MDV,IiJ PAGE 05/05 . . .:vERlFICATION The foregoing Complaint is based upon information which has been gathered by my COlffisel 111 t.he preparatioJJ of the lawsuit. The language of the dOCtffi1ent is that of co\U)sel and not my O,V1'L I have read the document and to the extent that it is based upon information which I have given to my counsel, it IS true and correct to the best of my knowledge, [!lfonnation and belief. To the extent \hel: the content of the document is that of counsel, I have relied upon counsel in making this vmifieotion, This statement and verification are made subject to thepenalti,es of18 Pa. C.S, Section 4904 relating to unswor:n falsification to authorities, which provides that if I make knowingly false aVdcnenl" I m~v be subject to eriminalpellaltJes, '"~ "~, . nf -"-,~ ~_..- Patrick E, Chfford F:\f1Lr\:;"D, \'!):',trLE\G~lldCl,:,c'Jr'.9917 \'0m, J " ~ ,. " , -'" , " ,-.- ,., . iliilH"'''' , ~."' "'"1 . ',' j......o;""'-~ Ii:Ii ,.' ~,~ - ~~~o__.., ""<<,~_~ ,~.~.~__=" .~". ",.""~",,;~,,, __,..- ",~ ';' c, "I...~-', 'JW--'- lIlf~ ~~~ ;-9 \-" Cj r ~ ......... ' ~ -..j \:;;1 ~ ....:....\ ~ cJ ~)~~ ~ a.~ r:~'~ , -< U; ~<' ~ -;~- ': . .:. _< C) ~ :::,; :1 .- ~ ~:-;) , ,'_! '~:(") ;;!:\'i'l @ I Ln ~ j ~ _0; ~ ~~ (Ye . " 1ilII1.iiIIiIriti- -;';- F:\FILESIDATAFILE\Gendoc.cur\9917-pra.lInlm Created: 06/13/00 02:45:45 PM Revised:'061l3/00 02:46:16 PM 9917.1 PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2000-2684 CIVIL CIVIL ACTION-LAW VIRGINIA 1. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint and forward same to the Sheriff for service upon Defendant Virginia 1. Racek at 3749 East Fisherville Road, Downingtown, Pennsylvania 19335. MARTSON DEARDORFF WILLIAMS & OTTO By George B, Faller, Jr., Esquire LD, Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: June 13,2000 '~~i!!!J~,.;,i..L"""mlJIlilM~i~ _"",".'T~~ _,,~'"_~,~, ,_."_,_"_ '-Ll~~1 ,,~ ,~_ ..L .,. iiIiiIili " .<. ',;;.-" ]I "~ " " ,"" 0 C:J 0 C C::l .-.'" s: ,- - -0 OJ c:: " fT1rr ';;~ -!-~ 2::0 ;l~9 ZC' r.n :~'.: <-" ~./.:- >3C') kCJ -0 -r-' "Tl ?2:0 ::J!: ;~1 ;;; =0 1':"! Orn ;PC '''; ~ r:- ~ (,.) -< . 1,,_ L 1_,. ,I i SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2000-02684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLIFFORD PATRICK E ET AL VS RACEK VIRGINIA L 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: RACEK VIRGINIA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 9th , 2000 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge DEP. CHESTER CO 18.00 9.00 10.00 32.98 .00 69.98 06/09/2000 MART SON , DEARDORFF, S?2~~~ R. homas Kline Sheriff of Cumberland County WILLIAMS Sworn and subscribed to before me ,~ n this .Jo ' day of '!U(' c2uvo A.D. ~ C JnJ##~. / ~ Prothonot$ - I. . ~_lbi'<f ) ~ /~ \\'\:'2 of ([.Umb~l"l "'o~ , ' C\. <tqq 'lllf,\ ' " "" '(",,11; ,~ p;;;.,,,,,-! ~ " " R, THOMAS KLINE Sheriff RONNY R. ANDERSON Chiet Deputy E:COWARD L. SCHORPP Solicitor SHERIFF'S COSTS Date f,f. n $ ./. {;) JIO Paid Receipt No. IftJ';/ last day t~,ff'!S Office ~ One Courthouse Square Carlisle, Pennsylvania 17013 PATRICiA A. SHATTO Real Estate Deputy ~'" C-_:.~ c:~, ___0 c:::,;, ~. .,' OFFICE OF THE SHERIFF I Co :':". ---".-, UJ UJ 25 ~~), ~ "?~ ~I TO: Hon. Carolyn Welsh Sherrif of Chester Co RE: Patrick E. Clifford, et. al. vs Virginia L. Racek 20-2684 Civil/Notice & Complaint -:# fff'/.J Dear Sir: Enclosed please find Complaint & Notice tObeserveduponQVirqinia L.lRacPkl 3744 F:~~rville Road, Downingtown PA 19335 % in your County. Enclosures: ~..5 - Il. -Gc I). '.IS -t~:J<>~CC j. S -.JJ-O() fl) ~ f'hlc/ /'>'I - ~ ~f'M - vt'\ k""l/,"" j.", Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. _ 1')0 a.. nS ~/"" /':;:\ !'I'i\) \. ,/ Cc.l.cv,,< - Ci'JcI,^,,~ d.4t-m/~"1"L ~ "-r \~~ \'a/ .,,+ " ul i Y) "".\. ~~ - I.", ~ " " ~ , ~4! ,j . In The Court of Common Pleas of Cumberland County, Pennsylvania Patrick E. Clifford VB. Virginia L. Racek N~ 20-2684 Civil Now, 5/3/00 , 20 0 t) , I, SHERIFF OF CUJ'vIBERLAND COUNTY, P A, do hereby deputize the Sheriff of Chester County to execute this Writ, this "---.) deputation being made at the request and risk of the Plaintiff. .. //:.d!t !! . r~rrA"<~' ~< Sheriff of Cumberland County, pJIP :':~~\~ ~-- -,' ;:;~~~l ,~ !~ ;;'~)'" ~" --.~ .-..... ., "_--::: ;-, Affidavit of Service f2 <.n <.n Now , ,20_, at o'clock M. served the within upon at . by handing to . . copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA 20 '- COSTS SERVICE :MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $ = ~ ~ ~~ ~ . , t " , ~ ~,,' F: \FILES\DA TAFILE\Gendoc.cun9917com.1Inhn Created: 03f2810008:14:44AM ReYised: 04107100 12:21:12 PM 9911.1 PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. cl.U1HJ~~' '('I,- ~ CIVIL ACTION-LAW v. VIRGINIA L. RACEK, Defendant , JURY TRIAL OF TWELVE DE~ED NOTICE You have been sued in court. If you wish todefend 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 tllat 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 Complainfor for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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: ii~ -t'.::., ::-:~ ,>.~. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvariia 17013 ~,"".. Telephone (717) 249-3166 C:; '. (,,/ V) MARTSON DEARDORFF WILLIAMS & OTTO By ~~~~ TRUE G;OPY FROM AIIJOAO (s=?) lit T~Whf!f:;Q!, I l:')flll.lntO ..Il.!.,,~ ~.. , r of. Sill., (:111';' i'lt r~ P&. 9 $ " ;y ;} ,..,.~ _117m '=@ ~ George B. Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~ Date: (Y)~ I,ZtXf) Attorneys for Plaintiffs 1= , ~ -"",^ 1i;Il!\',,",':' , PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. Plaintiffs Patrick E. Clifford and Florence Clifford, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 140 Fineview Road, Camp Hill, Pennsylvania 170 II. 2. Defendant Virginia L. Racek is an adult individual who resides at 3744 Fisherville Road, Downingtown, Pennsylvania 19335. 3. The facts and occurrences hereinafter related took place on or about May 11, 1998, at Danny's Sporting Goods, 7851 Paxton Street, Harrisburg, Pennsylvania 17111. 4. At that time and place, Mr. Clifford was operating a 1990 Honda sedan and had slowed down to make a right into Danny's Sporting Good Store. 5. Thereafter, Defendant Virginia L. Racek was operating a 1991 Ford station wagon and was traveling behind Mr. Clifford. 6. Thereafter, the Defendant, operating a 1991 Ford station wagon, traveling behind Mr. Clifford on Paxton Street, collided into the rear of Mr. Clifford's Honda sedan causing an accident. 7. The foregoing collision and all of the injuries and damages set forth hereinafter sustained by the Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which the Defendant operated her motor vehicle as follows: a. failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to brake in sufficient time to avoid causing a collision rear-end motor vehicle accident; " c. driving her vehicle upon the highway in a manner endangering persons, property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Patrick E. Clifford v. Virginia L. Racek 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 9. Plaintiff Patrick E. Clifford sustained painful and severe injuries which include but are not limited to an aggravation of a previous underlying cervical disc disease, necessitating extensive medical treatment, hospitalization and one cervical surgical procedure. 10. By reason of the aforesaid injuries sustained by Patrick E. Clifford, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefore. 11. Because of the nature of his injuries, Mr. Clifford has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefore. 12. As a result of the aforementioned injuries, Mr. Clifford has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefore. 13. Mr. Clifford continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. WHEREFORE, Plaintiffs Patrick and Florence Clifford demandjudgment against Defendant Virginia L. Racek in excess of $25,000. COUNT II Florence Clifford v. Virginia L. Racek 14. Paragraphs 1 through 13 of the Complaint are incorporated herein by reference. 15. As a result of the aforementioned injuries sustained by her husband, Plaintiff Patrick E. Clifford, Plaintiff Florence Clifford has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment, and claim is made therefore. . ., ~ ~"' - 't WHEREFORE, Plaintiffs Patrick and Florence Clifford demand judgment against Defendant Virginia L. Racek in excess of $25,000. MAR~~~~L~&OTIO By George B. Faller, Jr., Esquire I.D. Number 49S13 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiffs DatelitbJ I, ZtJDO .~.~, - ". .... I!lliI..H"c'; I,; 04/25/2000 13:15 71 72431807 MDWO PAGE 05/05 ., VERIFICA nON The foregoing Complaint is based upon information which has been gathered by my counsel in th" preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the documemt is that of counsel, I have relied upon counsel in making this verification. TIns statement and verification are made subject to the penalties oft 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~M"I Patrick E. Clifford ~ ' (; ~ ./ F. rence Clifford ~ Fl'flLES\OATAf!Ui\Cll!Jldoc.l!1l~917CClm.1 " ,1 "" ~ ~ (e3 ~ @'.f) . - ., ~~ .'",' - -,~~ .0"": Q' C ,'.' C', \~ c,.,.-.~lIl ~--'f' _? \ ~ r. \[ II';,' ,- _ ,\ ::y~\~t_ A ; ,. !) "\ -:\ ( ,- ,\1'- ~ ""~ """'""~' ~) !,",_llf]'J!!l.~~~~miWMi':'f;Ij~\I'1l!I!iJ , ,.,_,_ ~ n<'___~'~'.",.",,,,,,._. ~~>""~ ~ ~ @"'" ---:l r","-,:! ~ 'I"~"1~1W.. m_ "'l"!"''':r,',o,_","~~JI ~ ,,-.- ~I' =. - - -,--- _'C,';"';.-- ,~ ", '-' -,' - ~ ~ ~> ~ , POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. LD. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717)731-1970 ATTORNEYS FOR DEFENDANT VIRGINIA L. RACEK PATRICKE. CLIFFORD and FLORENCE CLIFFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW v. NO.: 2000-2684 VIRGINIA L. RACEK JURY TRIAL DEMANDED Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Virginia L. Racek, in connection with the above-captioned matter. Respectfully submitted, POST & SCHELL, P.C. DATE: 7/5 /00 (1" 'i ~ AMY L. CORYE , ESQUIRE ,,,,,1'-- .'--'"' "' "~." " ,.. CERTIFICATE OF SERVICE I, Jenny L. Colledge, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: George B. Faller, Jr., Esquire MARTS ON, DEARORFF, WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013-3093 DATE: 7-()-(J() a~'~fi~ ",.. -", "^. "'"..-' ~ --~ ~-. .... ... ("') C> \;:-) " C 0 -r'l $: '- -" -OeD .- 'iE nll'T'! r= ., I'~-~ Z:'::l:J I ~,., ,;j zr;: ~~i6 en." en -<~, !;::C:; ....u ,-'-T! :;;>0 ~ ~~25 ~o :!"",ITI Pc ~ -7 ?D ~ r" -< ",. -" F:\FILES\DATAFILE\Gendoc.cur\9917-pra.2fnhn Created: 06113/00 02:45:45 PM Revised: 07/18/0003:43:26 PM 9917.1 PATRICKE. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2684 CNIL CNIL ACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint for service. MARTSON DEARDORFF WILLIAMS & OTTO By ~~~~ George B. Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: July 18, 2000 i!lJd~4.~~~W"_.""-"~,"-,W~'~-~~iW,4",,'r';'>B--l1i~'lr >, c.. ~~;. c". r-j;~ ;',-L ~i-' (~--': ' (/~~ ".. \ ~.,,~~ I~_~ .__, ,~ , ,.,. =, , ~= ^ '-1- " '---,' !.,J:) l'" ;- ,..- .~5~ f )_~ (")2 -~ ..'~\-~ -f;fi _---1.:::::. r!--;< .-;';J'W '~Q ':3 U t,T) :;c u_ (f, "") (7:'; 'i--.::J '-"--<- .-= \~, ~\ r-' \}j :\":, """",".I,. , u .,' _, '" ',-_"e~" -11IiiII1~ .--~ >. ". ~~,,- d ~ :"~' '''-'''' ~-"';;';~l Q SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLIFFORD PATRICK E ET AL VS RACEK VIRGINIA L 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: RACEK VIRGINIA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of CHESTER County, pennsylvania, to serve the within COMPLAINT & NOTICE On July 25th , 2000 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge DEP. CHESTER CO 18.00 9.00 10.00 28.82 .00 65.82 07/25/2000 MART SON , DEARDORFF, So answers: ..~~'- R. Thomas Kline Sheriff of Cumberland County WILLIAMS Sworn and subscribed to before me this .31.M- day of ~ <-1><n7 A. D . ~t2~ ~ Prothonotary ". Cf A. THOMAS KliNE ~Sheriff - EDWARD L. SCHORPP Solicitor I,;..,. ~ li\dIIiIllI "-~, -- >~~, ~\\'\:'2 ot ([.Umb~l"l "'\) '" ~/l <tqq 0 eo ,(~fc;~ ~ /;hr RONNY R. ANDERSON Chlet Deputy "-.' / OFFICE OF THE SHERIFF en PATRICIA A. SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 SHERIFF'S COSTS Date 6 /9 t?2J $ /.?IJ ,<<J Paid Receipt No. /?9 7& ?" last day 10 ~G8 ~~..~ Office I..Z: /.3'. /} j RE: Patrick E. Clifford, et. al. vs Virginia L. Racek Reinstated Notice & Complaint 20-2&84 Civil/Notice & Complaint TO: Hon. Carolyn Welsh Sheriff of Chester Co Dear Sir: Enclosed please Not ice & Complain t tobeservedupon J.. Virginia 3749 East F' h !:?~ ~1~j Downingtown, PA 19335 in your County. Road' ~o 9 .s:- C""I ~rq J"~' Sworn and Subscribed to before me this /9.M day O~20lk:? Jjt'Ih7P Jl~ Very~s, / '~I> "'01; , , ~. '. . ~9:r . 8Q4f~-9~( fr ',. If!lC _~~ "'~f$'8..~()o",.sS-.qJ . 10,,~"'D. ''''0 ~ R. Thomas Kline, S eriff'll>.(",~e"f$~lJbltO Cumberland County, Pennsylvania ~ / ~r 1? 4!../ Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. #= 1/11'/.1 . Enclosures: f- '"".UrOD ,~ 7-/0-CC I :as f;., - /: /Sfr. 711 YJ)t , * 7-/7-00 B-r I r-~I II (L;'fC I /?n tVi.j.{., +Lf/c.- ,'" ~~ '1n The Court of Common Pleas of Cumberland County, Pennsylvania Patrick E. Clifford, et. al. VS. VirginiaL. Racek NQ 20-2684 Civil Now, 6/14/00 , 20 to I[j , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Ches ter County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,." ,./'J./ A/ ;~" ',' 'r~"W'<A-'C~r":-.t1 f~ Sheriff of Cumberland County, ~ ;~~;~:~ '-0 Affidavit of Service :::t:!.'~ :-'li: <;? .,... Now, , 20_, at o'clock M. served the within upon at byhandillg to a copy ofthe original and made lmown to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ .....""'~""-~"""""" . ~ ;:'~ -.1 .. P:\Pii.ssIDATMIw\Geudoc.cur\9917com.lInlm '. Created: 031281OO 08:14:44 AM Revised; 04107100 12:21:12 PM 9917.1 PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA NO. JJrH> r ,)jQt4-~ CNIL ACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writihgwith the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. , ,.YOUSHOULDTAKETmSPAPERTOYOURLAWYERATONCE. IFY0U~NQT HA VEALAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~FFI€E S~T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ,,"1; . :":: L.._.;/ lj>. ~~ J'''; (~~. ~t8 , ..'() Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 ~-,'-; !:;-~ ~":;~ "l:-< '-'-,." ::< -'7 _:\ c::. -<. Telephone (717) 249-3166 Date: (Y)~ Ii lax> C',~ ^~;i:/ ~;::~~;~:" <~,,<<::::;'>~., i3:", ,,) 'II'.' ~ c~!v:i''j'',' ...., .,"-, " ".,. "c'c;.,~- ~ ...../!)0; ~ ~'\"'~., (::)' ...... .):,};?, ."'"'1 ,,';.., ~:. ,s:", x: ~ ~ J .~ .,",-" :" ~i ~ - - PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. Plaintiffs Patrick E. Clifford and Florence Clifford, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 140 Fineview Road, Camp Hill, Pennsylvania 17011. 2. Defendant Virginia L. Racek is an adult individual who resides at 3744 Fisherville Road, Downingtown, Pennsylvania 19335. 3. The facts and occurrences hereinafter related took place on or about May 11, 1998, at Danny~s Sporting Goods, 7851 Paxton Street, Harrisburg, Pennsylvania 17111. 4. At that time and place, Mr. Clifford was operating a 1990 Honda sedan and had slowed down to make a right into Danny's Sporting Good Store. 5. Thereafter, Defendant Virginia L. Racek was operating a 1991 Ford station wagon and was traveling behind Mr. Clifford. 6. Thereafter, the Defendant, operating a 1991 Ford station wagon, traveling behind Mr. Clifford on Paxton Street, collided into the rear of Mr. Clifford's Honda sedan causing an accident. 7. The foregoing collision and all of the injuries and damages set forth hereinafter sustained by the Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which the Defendant operated her motor vehicle as follows: a. failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to brake in sufficient time to avoid causing a collision rear-end motor vehicle accident; o~" " " - c. driving her vehicle upon the highway in a manner endangering persons, property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania CLAIM I Patrick E. Clifford v. Virginia L. Racek 8. Paragraphs 1 through? of the Complaint are incorporated herein by reference. 9. Plaintiff Patrick E. Clifford sustained painful and, severe injuries which include but are not limited to an aggravation of a previous underlying cervical disc disease, necessitating extensive medi~~l treatment, hospitalization and one cervical s~gical procedure. 10. By reason of the aforesaid injuries sustained by Batrick E. Clifford, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expf(llSes in an effort to restore himself to health, and claim is made therefore. 11. Because of the nature of his injuries, Mr. Clifford has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefore. 12. As a result of the aforementioned injuries, Mr. Clifford has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefore. 13. Mr. Clifford continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. WHEREFORE, Plaintiffs Patrick and Florence Clifford demandjudgment against Defendant Virginia L. Racek in excess of$25,000. COUNT IT Florence Clifford v. Virginia L. Racek 14. Paragraphs I through 13 of the Complaint are incorporated herein by reference. 15. As a result of the aforementioned injuries sustained by her husband, Plaintiff Patrick E. Clifford, Plaintiff Florence Clifford has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment, and claim is made therefore. - "H_ . 4_j "l'~i WHEREFORE, Plaintiffs Patrick and Florence Clifford demandjudgment against Defendant Virginia L. Racek in excess of $25,000. MAR~&~nLIAMS & OTTO By ltq George B. Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiffs DaterilOJ I, Zooo -J, , . ~"'~ ~', "-,"';'L'-':2!,! 04/,25/2000 13: 16 71 72431807 MDCJD PAGE 06/06 . "" VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the docUIllent is that of counsel, I have relied upon cOllI1$el in making this verification. This statement and verification are made subject to the penalties ofI 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false aVemJents, I may be subject to criminalpeo.a1ties. ~M~I Patrick E. Clifford ~ . (; J ./ F. rance Clifford ~ Ff\F1LIiSlDATAf1U'lGIl!adDc.eu~917com,J ('<' ~811d'~.i -..J~';""'"'"~~kmill~~~~~~~&l<J -'-'~Ii!iillilllilIIld.J...Illf_.II.IIiiifI- ;: r',..'.... [,] I .~ C~:::,." c.::.. GSf ~ @fj ""j.i" . ;:J , " ,.:.i;,'_i ." , __ ~>_" - , 0," V~ ~~ 'n""- . -J1t"1> 1 " l'''~~ ~ '1 -" ill: . cr h~ [\) ~~ ~ ~g~ <YC (~"" ''''t; L:,_J cj~ . ~ .. --"', "',-1 ,-'--- " ~ ,_ __ ; <'- -.,,-,.,-. )-'", , , -; -''-' ,.' -~^^,. " POST & SCHELL, P.c. BY: AMY L. CORYER, ESQ. !.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT VIRGINIA L. RACEK PATRICK E. CLIFFORD and FLORENCE CLIFFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CNIL ACTION - LAW v. NO.: 2000-2684 VIRGINIA L. RACEK JURY TRIAL DEMANDED Defendant. ANSWER AND NEW MATTER NOW INTO COURT, through undersigned counsel, comes the Defendant, who, in answer to the Complaint of the Plaintiffs, respectfully represents that: 1. Defendant, pursuant to Pennsylvania Rule of Civil Procedure 1029(e), hereby generally denies the allegations of the Complaint. NEW MATTER The Defendant hereby raises the following New Matter. 2. granted. 3. action. 4. The Plaintiffs may have failed to state a cause of action upon which relief can be The applicable Statute of Limitations may have expired prior to the institution of this Defendant was not negligent. ~. , ,.."^ " '.'", ' '." .. ",,-,' ,".,:, ~-', " .- '" ~-",~.;.;-:'",^""-j~:,,,: , ,~:, J 5. Any acts or omissions of the Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 6. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiffs. 7. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 8. The Plaintiffs may have assumed the risk. 9. The Plaintiffs may have been contributorily negligent. 10. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Defendant. 11. Plaintiffs may not have properly mitigated their damages. 12. Plaintiffs may be bound by the limited tort option, and, as their injuries may not be considered "serious," non-economic damages would not be recoverable. WHEREFORE, Defendant prays that the Complaint be dismissed, at the cost of the Plaintiffs. Respectfully Submitted, POST & SCHELL, P. C. By ~'It~ AMY L. COR , ESQ. Date: JlJj~ 3) ,2000 -2- , ~-"',' ;-..1 .;; " ,. -(,'"", '_,;';." ;"'M-')-:' ,-''',;'~,'^'-. ",r, VERIFICATION I, Virginia L. Racek, do hereby swear and affIrm that the facts and matters set forth in the Answer and New Matter Pursuant to 2252(d) are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: 7 - 17- .:JCQ) p4Y"''''' r ,&v.eL -3- CERTIFICATE OF SERVICE I, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address( es) by sending same in the United States mail, first-class, postage prepaid: George B. Faller, Jr., Esquire MARTS ON, DEARORFF, WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013-3093 DATE: :J - ~I-oo l~"~~on Kelley Span ler !~~~~ :..rr, ~ ".-,~ ",^"',~,,. ,,,- ~"'JIIl' iliIi , ,__0,_ ~;~"F<,'_ .'" ~ ,'~O, ,,' "'. -,~ =" ," "","'-~ , " ~"'..,,. N'C' ,"" 0 Q ~:J C co '1 < ,.,. ... "T] , rn L: ~"") :::"T:::: :;; r+-- L I , r";"1 (n " () -< ) c=-, c;: l.j .-0 -~ j ~"1 ~~ c' -----"'"" :i C) '.J ):~ C (.) ~ en :?..:: =~ (..:> ::J -< ~~ " "'I I I I F:\FIiES\PATAFILE\Gendoc.cur\9917-res.l/nlm Created: OS/08!0004:47:0IPM Revised: 08!09/0002:28:42PM 9917.1 PATRICK E. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2684 CIVIL CIVIL ACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER 2. Denied. To the contrary, see the averments stated in Plaintiffs' Complaint. 3. Denied. To the contrary, Plaintiffs' cause of action was initiated within two years and Plaintiffs attempted to serve the Defendant through the Chester County Sheriff s Department at the address indicated on the police report. 4-11. Denied. To the contrary, see the averments stated in Plaintiffs' Complaint. 12. Denied. To the contrary, Plaintiffs were covered by the full tort option. By Geo LD. umber49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: August 9, 2000 I~ ~ , ~> '" CERTIFICATE OF SERVICE I, Nichole 1. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Plaintiffs' Response to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Amy 1. Coryer, Esquire POST & SCHELL, P.C. 240 Grandview Avenue Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO BY~~y~ ~J;j Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: August 9, 2000 :"-' - " ; ; - -' ,'-,. _"~""'~"".'~""IM_~~i___~~~;m'~~'"""'-"(,"~"tiilill ~-~--.. ~ ~ .- ".. ,.,- "" --', .n> ,- ~~ 1iiiIIiIIi~...wa " - C'J Cl 0 C 0 'n s:: ". ....1 '"OW c:: ~~~ ifJ mrn <7> Zd,) zS;: I '-~J'\.'l' (f) - \D ',:t19 ~ti :~C) -0 ",,- :"-ri (:;:;:-n ~8 :Jr. ;j.C) r- ('..::::.rn ;PC ~ ~ N N -< - ", , ,0 .oN,_, ..,. 1-- -'y' ,-' " < ",~-. , ,> ~~'" . '0."" ..-~"",,:... .,",'"_,_~ ";''t; > , I ~ POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. J.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT VIRGINIA L. RACEK PATRICK E. CLIFFORD and FLORENCE CLIFFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVA}ITA Plaintiff, CNIL ACTION - LAW v. NO.: 2000-2684 VIRGINIA L. RACEK JURY TRIAL DEMANDED Defendant. RULE TO SHOW CAUSE ANDNOW,~s~d~of ~~~~ , 2000, a Rule is issued upon Plaintiffs to show cause why Defendant Virginia L. Racek's Motion to Compel Plaintiffs' Responses to Interrogatories and Request for Production of Documents should not be granted. Rille returnable 2-0 days after service. J. ~~ /,) _ 11-fJ1) 0, F\;}I)"-()fFtCE '-'.T,-,-n )^~ II\TARY :,1"i,:;r,UJ\;0t DO DEe I i AH Ii: 47 CUMBt:hlh!O COUNlY PENNSYLV,ANIA \. ... O','~.' .".' , < ,. '- ~"",,:,..,r , o~''''"''"~,,, -,,' ~,' , ~'<r '. , , - ".~" '''0, "" ,~ .-:' --, - . , . J POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. LD. # 82718 240 GRANDVIEW AVENUE CAMPHILL,PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT VIRGINIA L. RACEK PATRICKE. CLIFFORD and FLORENCE CLIFFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CNIL ACTION ' LAW v. NO.: 2000-2684 VIRGIN1A L. RACEK JURY TRIAL DEMANDED Defendant. ORDER AND NOW, TO WIT, this day of , 2000, upon consideration of the Motion of Defendant, Virginia L. Racek, IT IS HEREBY ORDERED that Defendant's Motion is GRANTED. Plaintiffs are to provide full and complete responses to the outstanding Interrogatories and Request for Production of Documents or be precluded from introducing testimony, including expert witness testimony, at trial regarding same. Plaintiffs are to produce said discovery responses within twenty (20) days of the date of this order or suffer the possibility of sanctions, upon further motion by Defendant. BY THE COURT, J. " " ''''~I-~'"'" " ",','~' . " wO. . .,.";-",'.' ';'"'~';",~ ,. O~'". '., e-,. ','..., i POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. LD. # 82718 240 GRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT VIRGINIA L. RACEK PATRICK E. CLIFFORD and FLORENCE CLIFFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVA}ITA Plaintiff, CIVIL ACTION - LAW v. NO.: 2000-2684 VIRGINIA L. RACEK JURY TRIAL DEMANDED Defendant. DEFENDANT VIRGINIA L. RACEK'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS AND NOW, comes Defendant, Virginia L. Racek, by and through her attorney, POST & SCHELL, P.C., and for her Motion to Compel Plaintiffs to file responses to Interrogatories and Request for Production of Documents, states as follows: 1. Plaintiffs filed the instant negligence action on or about May 1,2000. 2. On August 11,2000, Defendant served Plaintiffs with Interrogatories and a Request for Production of Documents in accordance with Pa. R.C.P. 4005 and Pa. R.c.P. 4009.11. (See Exhibit "A"). 3. Plaintiffs failed to respond in any fashion to Defendant's discovery requests within thirty (30) days. 4. On or about September 13, 2000, Defendant forwarded a letter to Plaintiffs' counsel requesting responses to Interrogatories and Request for Production of Documents. (See Exhibit "B"). .. ,. , 01 .. ..', ""v~" , ,,~ .. .. ,,'0 , ',' h " ", .' .. '';1 , 5. On or about October 18, 2000, Defendant forwarded a letter requesting responses to Interrogatories and Request for Production of Documents within ten (10) days. (See Exhibit "C"). 6. On October 23, 2000, Plaintiffs' counsel, Attorney Faller, contacted Defendant's counsel, Attorney Coryer, requesting an extension through November 14, 2000, to provide Plaintiffs' responses to Interrogatories and Request for Production of Documents. Attorney Coryer advised Attorney Faller that she would have no choice but to proceed with a Motion to Compel the responses ifthey were not received by November 14, 2000. (See Exhibit "D"). 7. Plaintiffs did not provide their responses to Interrogatories and Request for Production of Documents by November 14, 2000. 8. To date, the Plaintiffs still have not provided their responses to Interrogatories and Request for Production of Documents. 9. Pursuant to Pa. R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days after the service of the interrogatories in question. 10. As Plaintiffs have failed to respond in accordance with the civil procedure rules, it is respectfully requested that this Court issue an order directing the Plaintiffs to provide full and complete answers to outstanding discovery or be precluded from introducing testimony, including expert testimony, at trial regarding the same. 11. Defendant is prejudiced by Plaintiffs' refusal to provide discovery information as she has been precluded from ascertaining the nature of the Plaintiffs' claims and/or injuries or gaining the necessary investigative materials to further the course of the instant litigation. WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiffs to file answers to outstanding discovery or be precluded from offering testimony, including expert witness testimony, regarding the same. Dated: p_H/oo '" ;..-,'"~ = 'e,,"" ~" ':'''~<'''''~' .' 'n ",'",,'--,<'-"]""~< " ",,~: ,'0",; - ..", j _,<,i,',,' , "'li Respectfully submitted, POST & SCHELL, P.C. (~ -cJ. (let.' AMY L. ORYER, SQUIRE Attorney for Defendant I" " 'C""'''-~'. . ,'.c~,<__~'. c,., ~ - - ~''', ,"-" ,,",.-,...' , , '~ ~ -- ~ '. . , < " '-",~ '" ~ ! ~(j II VERIFICATION AMY 1. CORYER, ESQUIRE, states that she is the attorney for the party serving the foregoing document; that she makes this affidavit as an attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; that time is of the essence in the filing of this document; and that this statement is made subject to the penalties of Pa. C.S. 94904, relating to unsworn falsification to authorities. (1" rL ~o. AMY 1.COR , ESQUIRE DATE: la/...,IOD 'I' ~ II i1 :;1 .^.~.. ~ ~ ,~ V>',H ,c,. "" C " .. .. ,- .\ " ;",0 POST & SCHELL, P.C. ATTORNEYS AT LAw 240 GRANDVIEW AVENUE CAMP HILL, PA I 70 I I (717)73]-1970 FACSIMILE: (717) 731- [985 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103-7480 {215> 587-1000 FAX: (2 J 5) 587-1444 ADAMS PLACE - SUITE 3 70 I WHITE HORSE ROAD VOORHEES, NJ 08043 (856) 627-8900 FAX: (856) 627-445 I I 245 s. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18 I 03 (6 I 0> 433-0 I 93 FAX: (6101433-3972 1857 WILLIAM PENN WAY P.O. BOX J 0248 LANCASTER, PA ) 7605-0248 (717129)-4532 FAX: (7171 291-1609 THE BERKSHIRE - SUITE 205 50 I WASHINGTON STREET READING, PA 19603 (610J 375-2258 FAX: (6101375-2263 August 11, 2000 SHARRY SEMANS (717) 612-6011 SSEMANS@POSTSCHELL,COM George B. Faller, Jr., Esquire Martzon, Dearorff, Williams & Otto Ten East High Street Carlisle,PA 17013 RE: Clifford v. Racek Dear Mr. Faller: Enclosed please find Interrogatories and Request for Production of Documents Propounded upon Plaintiffs by Defendant. Kindly respond in the time allowed pursuant to the Pennsylvania Rules of Civil Procedure. Very truly yours, Sharry Semans Paralegal SDS/mys Enclosure ;1. :;:.;" ] , '0' 0"" " ", ~ ".' ',,:,,', .';;'~'.....J . POST & SCHELL, P.C. ATTORNEYS AT LAw 240 GRANDVIEW AVENUE CAMP HILL, PA I 70 I I (717) 731- J 970 FACSIMILE; (7 I 7) 731-1985 1800 ,JOHN F, KENNEOY BLVD. PHILADELPHIA, PA 19103-7460 (215) 567-1000 FAX: (215) 587-1444 ADAMS PLACE - SUITE 3 70 I WHITE HORSE ROAD VOORHEES, N,J 06043 (856) 627-6900 FAX: (656) 627-4451 I 245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA I 6 I 03 (6 I 0) 433-0 I 93 FAX; (61 OJ 433-3972 1657 WILLIAM PENN WAY P.O. BOX 10246 LANCASTER, PA I 7605--0248 (7 I 7) 291-4532 FAX: (717) 291-1609 THE BERKSHIRE - SUITE 205 50 I WASHINGTON STREET READING, PA 19603 (610) 375-2258 FAX: (61 0) 375~2263 September 13, 2000 AMY L CORYER (7 I 7) 6 J 2-6038 ACoRYER@POSTSCHELL..coM FILE NO. 53 J /85856 George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PA 17013 RE: Clifford v. Racek Your File No.: 9917.1 Dear Mr. Faller: This letter is to confirm our telephone conversation on today' s date during which I asked you to speak with your client about a demand. My client is interested in knowing what you are looking for so we can decide how we would like to proceed. Also, as you will recall, interrogatories and a request for production to be answered and verified by your client were sent to you on August 11, 2000. Please forward the responses as soon as possible. Please feel free to call me if you have any questions. Thank you for your anticipated cooperation. Very truly yours, Amy L. Coryer ALe/ <".',j . ,~ II I I I I il l tl I I I i ! , i " I " " ~ " ~ I I i 11 I I ! f.! ~ Il ,J , H il i I I I -. ~~ "' . . POST & SCHELL, P.C. ATTORNEYS AT LAw 240 GRANDVIEW AVENUE CAMP HILL, PA I 70 I I (17) 731-1970 FACSIMILE: (717) 731-1985 1800 ,JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103-7480 (215) 587-1000 FAX: (215) 567-1444 I 245 S. CEDAR CREST BOUU~VARD SUITE 300 ALLENTOWN, PA 16 I 03 . (6 I 0) 433-0 I 93 FAX: (61 OJ 433-3,=H2 1657 W1WAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0246 (717) 291-4532 FAX: (717) 291-1609 THE BERKSHIRE - SUITE 205 50 f WASHINGTON STREET READING, PA 19603 (6101 375-2256 FAX: (610) 375-2263 ADAMS PLACE - SUITE 3 70 I WHITE HORSE ROAO VOORHEES, N,J 06043 (8561 627-S900 FAX: (856) 627-4451 October 18, 2000 AMY L. CORYER (717) 612-6038 ACoRYE:R.@PosTScHELl..COM FILE NO. 531/85856 George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, P A 17013 RE: Clifford v. Racek Your File No.: 9917.1 COpy Dear Mr. Faller: Please forward answers to Interrogatories and Request for Production within ten (10) days in order to obviate the filing of a Motion to Compel. The answers should be provided no later than October 30,2000. Please contact me if you will require an extension. If you should have any questions, please feel free to contact me at the above number. Very truly yours, Amy L. Coryer AID .~li1 . ~I~_ -,< ;i ,', f~ 1\ ~'I 1'; ,~, t.: i.: i'~ , "i A " ]'i " ! n I' 1'; "' " POST & SCHELL, P.C. ATTORNEYS AT LAW 240 GRANDVIEW AVENUE CAMP HILL, PA I 70 I I (717) 731-1970 FACSIMILE: (717) 731-1985 J 800 .JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103-7480 (215) 587-1000 FAX: (ZIS) 587-J 444 ADAMS PLACE - SUITE 3 70 I WHITE HORSE ROAD VOORHEES, NJ 08043 (856) 627-8900 FAX: (856) 627-445 I 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA I e I 03 (6 1 0) 433-0 I 93 FAX: (610) 433-3972 1857 WIWAM PENN WAY P.O. BOX 10248 lANCASTER. PA 17605-0246 (717) 291-4532 FAX: (717) 291-1609 THE BERKSHIRE' SUITE 205 50 I WASHINGTON STREET READING, PA I 9603 (610) 375-2256 FAX: (61 OJ 375-2263 October 23, 2000 AMY L. CORYER (7 I 7) 6 I 2-6038 ACORl'ER@PosTScHELL.COM FILE NO. 53 1/85856 George B. Faller, Ir., Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, P A 17013 RE: Clifford v. Racek Your File No.: 9917.1 CO..' n"",,"3jY"\' )''''''- "liO Dear Mr. Faller: This letter is to confirm our telephone conversation on today's date wherein you requested an extension through November 14, 2000, to provide your client's responses to Interrogatories and Request for Production of Documents. You certainly may have such an extension. My client wishes me to be very proactive on this case so I will be forced to file a Motion to Compel if the responses are not received by November 14, 2000. However, if you should require an additional extension, please do not hesitate to call me. If you should have any questions, please feel free to contact me at the above number. Very truly yours, Amy L. Coryer ALC/ ~ ~~ - ""-' ,~ ~~""''''''''IIilIlIIlIlilIi' ~ '~i " ,j ,I ,<~ . ,:1 "" " """":",, ,', ,1 'MMARf~ONl)EARPbR~~'W~ILL~~S~b1io' '::""IJ":'~< :"..' "'.'().."'..'..'. ','. 'i, :'~", ".' :::",'-,,;',: ",: ,,>: ,', <'''' ..,-,'..t":". ,:' ::,"~:' , .',.' "'U6~1)o~.~"cr;:~voa~;:'::.':i":/; ,..,..., ... ..., <19'3$l.P16'51. SS ~ '-" \. , . :Art6RN~YS ~& COUNSELWRS AT LAw .WILUAMF. MARTSON , JOHN Bc FOWcI;R ItI ':EOWARD L S.GHORl'P DAi-m'LK.,DEARi:>ORFF . THoMAs r Wrr_uAMs:*' 'Iyov.oTio.nl' . C;EORGE.B.fALtE~JR.' . ,': CAJu;C.RISCH , , . B'J;:NJAMIN T~ W~ER:: M.w< A:. DENI,-INciER ,~: *BoARn ~nElED Cryn;t~.SPE6AusT '" .'" ,"', . " ",.:" ,"-..:'.', e." ","". TEN.EAs'Ti,J)GH$TREET '., '".". '<;:~LE;PENN~rc~ANlA 17013 . TELEPHC;iNk'(717)243-~j:,I' .FACSIMiui(717)243,1850 '", iNtiIiNET ", ; ~.ri1dwp;'&ini ,")",,,, ,: " . '. ,;" Qcthber25)QOO . ,,': ,^ . ,,- . ,:,' , ,p_" .' , ,,~' . , . .. ,', . . .....AIDyL Cory6t;J;lsquire, .: 'POST&SCHE.tL,l'.C: ,.' 240d~dVie'YA.Y~~iie c',", ClUrip'Hill; PA;17PU': " " , ~ ',' RE:, 'Patrickg.Gl!ffon:l~4Flbr~nceci!ffotdv;\,TirginiaL:Racek .,," " : . N(J.7000~h~8,4CCtimPer~li11dCoW1ty C.C;P, .' " . Our:File:.N~>9911;L; , ' <.; "" ",' : :" ',' \ ~e~~' ' ' ,-". ' '. ,,". . .~, ,'..., 'Dear Afuy(,', ..'. '. . ... .... '.., " ..' i:PIIt&wfut.tO{)l\t teleph9neGQllV~!,sation On 0CtolJet23;2000,:youh~yegiven AS anextimsion '. ' 'untiFN~v~~ber:i L(~6Mt\lrei?Pona to)'oUfcljent's 'discoveryillt1le above)'~ferenGe<imattet. '. . ,'. . i TJ:rankyo\lfuriQ1!tPr.Qfes&ibira~ ~oin:t~sy;. .' '. ." , " , . , . ~ > . " ,. Very~lyyoJl1"s, . ,/,- . ' QRFFV\7ILLIA.M8.&OTTO' .,:", .' ;"f ".; ".' .. ' 'dBF/rilalyi" . ',' .' '-' ' ) ~,,,' ',': , ";CG:.Mr.,;andMr&:Patrick:E.C;liffotd' , ' ,~: .. /, . "' . '-'.:".:',,' " ;,F':flWS~A~~~l.:;~!t';, ' ,'I';' ."," ,,'.,.:. '. , ," . , .,...,..'..'.'.~~rf)6> .,.,.... '. \\),1.; ," ...".., .~." . "~ '.' . '. . . . " .". . ~ ,'. ' , , ,. " . " .' t NF ORMATI'qN' .A'PVIC.ilo. Any O-CACySM -,-""" ,,'j ,I , " '. ,,; ~- ,',.:, ',",' ".':' ',~:_' '... ~,' ., . . . .. CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: George B. Faller, Jr., Esquire MARTSON, DEARORFF, WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013-3093 DATE: I ~-L1.-a:J Jifup2;,H-[l _ "'c'C ~ ." ^.~ ., ~ . . .. . (') <:) 0 C C1 'S: r:;, "DOC' ,.." mill c) lil Z::;J I -r--. t5s J:: U1 C-:',-J -<.oc. _"-j ~ i ~C) " _.0 '-1", :Pc' ,.-.,-----' ZC< ;,.~., C) )> ~ r:-? ~,- <'1'1 C (y .....1 Z :." );.- =< :J:J ()"I -< !;: " ~ ~" J ,~, -It ~ F:\FILES\DA T AFILE\Gendoc,cur\9917 - PRA.2/mah Created: 05l17/0110:55:36AM Revised: 05/17/01 10:58:41 AM 9917.1 , PATRlCKE. CLIFFORD and FLORENCE CLIFFORD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-2684 CIVIL CIVIL ACTION-LAW VIRGINIA L. RACEK, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTS ON DEARDORFF WILLIAMS & OTTO By Georg . aller, r., E LD. Number 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Patrick and Florence Clifford Date: L9-S-o I .. " ,""",,'~ " '- . -',,,".,. '1 "I " . CRRTTFICA TR OF SRRVICR I, Kelley A. Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certifY that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: George B. Faller, Jr., Esquire MARTS ON, DEARORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 DATE: (0-'5-01 l4Ju,~ 0, Cfom~ Kelley A. S angler II II Ii ;;.,,~." 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