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Home My WebLink About97-02163 I i I i \ ~ /: ! (I I ~I ~I Q) ~ N 'i I / ; / .".- )1 11 ,// , , ( '- t~ J (Y) ~ - CO 'I I t- O- ' I . I 01 <i .aMDa& 3. .IJaLIa, Plaintiff : J. 781 coua~ 0' CONKOI .L.... CUJOlDLAIlD COUll'l'Y, .....UVUJA NO. 97 - 2163 v. CIVIL ACTION - LAW caIO.ca. C. lOCUlI, Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the ~laims set forth against you, You are warned that if you fail to do 80 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 relluf requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU ~1 NOT HAVE A LAWYER OR CMlNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se def1ende, 1a corte tomara medidas y puede entrar una ordon contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido , en la petioion de demanda. Uated puede perder dinero 0 aua /propiedad.a 0 ostroe dereohoa important.. para usted. LLEVE E5TA DEMANDA A UN ABODAGO INMEDIATAMENTE. 5I NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR A5ISTENCIA LEGAL. l' ri COURT ADMINISTRATOR 4 TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 "~I :'[ 'AWDRA ~. IIIOL.. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 2163 CIVIL ACTION - LAW JURY TRIAL DEMANDED 010.0. C. YOCUII Defendant COMPLAINT AND NOW, comes Plaintiff by her undersigned counsel and respectfully brings this Complaint setting forth in support thereof as follows: 1. Plaintiff herein is Sandra J. Zeigler, an adult individual residing at 315 Pleasant View Drive, New Cumberland, York county, Pennsylvania. 2. Defendant herein is George C. Yokum, an adult individual residing at 437 Linton Hill Road, Duncannon, Perry county, Pennsylvania. 3. On or about April 30, 1995, at approximately 9:00 am, Plaintiff was driving her vehicle in an easterly direction along the northbound route of U. S. Route 11 (Carlisle Pike), As she approached the intersection with Lambs Gap Road, she proceeded into the left turn lane. She next proceeded to make a left hand turn with the left turn traffic light, As she was nearing Lambs Gap Road, a vehicle being driven by Defendant in a southerly direction along Lambs Gap Road proceeded to come into the intersection against the red traffic light, As a result, the front end portion of Defendant's vehicle collided with the left front portion of Plaintiff's vehicle. 4. The above described accident was the lega 1 result ot Detendant'. negligence and willtul and wanton misconduct in that: A. Detendant tailed to observe trattic control devices; to wit, a red light at the intersection ot Lambs Gap Road and the carlisle pike; B. Detendant tailed to take any action to brake or to steer clear ot, or to otherwise avoid the accident; c. The Defendant tailed to pay any attention tu conditions in and there existing at a busy intersection. D. Defendant otherwise tailed to exercise due care under the circuu.stances in and there existing. 5, As a result of the accident, Plaintiff suffered a whiplash type injury to her. spine, and in particular, her cervical spine. It resulted in continued debilitating pain, particu:arly in her neck and right shoulder, and frequent headaches. She suffered, and continues to suffer from pain, when getting in and out of cars, and when riding in cars for any distance. 6. As a result of the accident, Plaintiff can be expected to incur medical bills of over $10,000.00 in an amount in excess of at least an additional $10,000,00. 7. As a result of the accident, Plaintiff has lost her earning potential as an automobile sales lady and will otherwise suffer a wage loss, above a $5,000.00 threshold, in the amount of at least $50,000.00. 8. As a result of the accident, Plaintiff has endured considerable pain and suffering, and will continue to endure pain and suffering in the future. , ~ 9. This claim is in excess ot the compulsory arbitration limits tor CUmberland County. WHEREFORE, Plaintitt respecttully requests judgement in her tavor tor actual and puni ti ve damages in excess ot $20,000., together with interest, delay damages, and cost ot suit. Respecttully submitted, Date I )/417 r , r,) // /1;;: ~diu?2r ~~:~;~:RE ID NO. 16142 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFF ;\ VnII'ICATIOIf Upon my personal knowllldge or intormation and beliet, I hereby verity that the tacts averred in the toregoing COMPLAINT are true and correct to the best ot my knowledge, intormation and beliet. I understand that talse statements or averments thsrein made will eubject me to the criminal penalties ot 18 Pa.C.S. ssction 4904 relating to unsworn talsitication to authorities. Date: I,), I- '17 " 'tlAlt4IL\c' . SANDRA J.Z ;I I . , , ,. c.a~I.ICA~IO. O. IlaVIel I hereby certify that I am this day serving a true and correct copy of the attached COMPLAINT on the following individual by First Class U.S. Mail addressed as follows: George C. Yocum 437 Linton Hill Road Ouncannon, PA 17020 / . Date: r //'J,{J 41 J / . . ,". //;'/ I, 1/1 t//k (IC KENNETH A. WISE, ESQUIRE 10 NO, 16142 126 LOCUST STREET P. 0, BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFF COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SANDRA J. ZEIGLER, Plaintiff No. 97-2163 civil v. CIVIL ACTION - LAW GEORGE C. YOCUM, Defendant JURY TRIAL DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENt To the Prothonotary of Cumberland County: Please list the within matter for the August 13, 1997, Argument Court. 1. Matter to be argued: Defendant Simmons' Motion for summary Judgment. 2, Identify counsel who will argue case (a) for Plaintiff: Kenneth A. Wise, Esquire 126 Locust Street Post Office Box 11489 Harrisburg, PA 17108-1489 (b) for Defendant: Michele J. Thorp, Esquire Reynolds & Havas 101 pine Street Harrisburg, Pennsylvania 17101 3. I will notify all parties in writing within two days that this case has been listed for argument. . 'I !. ! REYNOLDS , HAVAS A professional corporation I , ~. Date: LtI /7..:a/'17 By: Michele J. Thorp Attorney I.D.171117 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, George C. Yocum f - 2 - CERTIFICATE OF SERVICE ! i I I I i' , I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United states Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the -{"1/~- day of June, 1997, addressed as follows: I i ,",' .>'! Kenneth A. Wise, Esquire 126 Locu~t street Post Office Box 11489 HarriSburg, Pennsylvania 17108-1487 (Counsel for Plaintiff) REYNOLDS , HAVAS A Professional Corporation By: ~ .. f '~~ 'li!I,?Ab..l "'}' /, /, sKaron Dell-Ga lag ~ Secretary ',! 3663 Rln/OLDS . HAVAS A Profaaaional Corporation By, KICHAKL K. BADOWSKI. ISQDIRI Pa. Supra.a Court I.D. Ho. 32646 101 Pina Strut Poat Office Bo~ 932 Harriaburg. Pannaylvania 17108-0932 Talephona, Va", I-Kail, [7171 236-3200 [717] 236.6863 reyhaveapi".nat Attorney fo~ Dafandant, OIOROI C. YoctDC SANDRA J. ZEIGLER, Plaintiff, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVI~ ACTION -- LAW DOCKET NO. 97-2163 GEORGE C. YOCUM, Defendant. JURY TRIAL DEMANDED PRAECIPB TO ENTBR APPEARANCB TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, GBORGB C. YOCUM, in the above-captioned matter. Date: c;- h~/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the II../I!. day of vJllClA_k . f/ 1997, and address~d as follows: Kenneth A. Wise, Esquire 126 Locust Street Post Office Box 11499 Harrisburg, Pennsylvania 17108.1489 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By :';llt4lr'?JfJ1/1 {!fla/}'l-d.. ~ncy M. dams, ecretary '- l(l .. ~r ", .. 1:- .. , , u..I~ I - ; (~(" . , p . Il.~ .-:,j ~i "- , ,';:1) , 'J- C.J (.; ,.. ~~ , .' .1\IJ I .' lCl- LI .- ~ 0 Q'I V '.' SHERIFF'S RETURN CASE NO. 1997~02163 P COftftONWEALTH OF PENNSYLVANIA. COUNTY OF CUftBERLAND _ OUT OF COUNTY ZEIGLER SANDRA J I ! I 1 , ~ VS. YOCUK GEORGE C , R ~hn-.- Xli"- . Sheriff, who being duly .worn according to law, .ay., that he .ade a diligent .earch and inquiry for the within na..d defendant, to wit. YOCUft GEORGE C but wa. un.ble to locate Him in hi. bailiwick. He therefore . deputized the .heriff of PERRY COUNTY Co\mty, Penn.ylyania. r. to .erye the within WRIT OF SUftKONS r On ftaY 7th. 1997 . thi. office w.. in receipt of the .ttached return frolll PERRY COUNTY _ County, Penn.ylvani.. Sheriff'. Co.t.. Docketing Out of County surchars. PERRY C UNTY 18.00 9.00 2.00 27.80 .~6.e~ KENNETH WISE 0:5/07/1997 :t Sworn and .ubBcribed to before lIIe thiB ')~ day of ~ 19 "I, A.D. ~L..,,, ~ lli,IP'i' ~~. I ro ono ary S8Ildra J, Zeigler IN THE COURT OF COMMON PLEAS OF THE 41st JUUICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH v_ GeroQe C, Yocum No. 97-2163 SHERIFF'S RETURN And now May 5,1997: Served tne within name Gerage C, Yocum the defendant(s) named herin, personally at place of residence In Wheatfield Twp, Perry County, PA, on May 5, 1997 at 4:30 o'clock PM by handing to George C, Yocum , an adult member of family 1 true and attested copy(ies) of the within Writ of Summons and made known to him the contents thereof Sworn and 8ubscribed to before me this /, '^ day of So answers., d)? (" 7~~. b .,~'7 Sheriff of Perry County "-"1 J9n 11<,;'."" ~rAl KAllEN A, r!.~CIl.", N"ory Puhllc CIOI"Ill!ldd r: ~, r,:.:~. Ccunty, PA /,1'1 Cornrr.l,:l.., ;',', ,~!;.., II), 2COO . h ~. ...._...._ /?JAY - 1_.,/ ... SANDRA J. IIIIGLIR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff NO. q7 -J-" 3 c.(..~ -r~ ~ v. GEORGE C. YOCUH CIVIL ACTION - LAW Detendant JURY TRIAL DEMANDED PRAECIPE I'OR A WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons on the above-referenced Defendant, George C. Yocum. Said Defendnat has a principal place of business at 437 Linton Hill Road, Duncannon, Perry county, Pennsylvania. / /// J;. "'I j/I~/" "// t:,( 'If : It.... ." KE~NETH A. WISE, ESQUIRE ID NO. 16142 126 LOCUST STREET P. O. BOX 11499 HARRISBURG, PA 17108-1489 (717) 238-3838 Date: , Z,-/kR P7 ATTORNEY FOR PLAINTIFF Commonwealth of Pennsylvania County of Cumberland SANDRA J. ZEIGLER Court or Commoll Pll!lU VII. No, __?.?.=.U.6J..<<;;1'llL,X{!,F-I!L....... 19.... GEORGE C. YOCUM 437 Linton Hill Road Duncannon, PA 17020 III . _..... <;.i.yH. M_t! R.lJ.. :_J;!!:lJl..______..__ To ._q~.q~Sl~._~:..y.q~.~T_.__........_........_ You are hereby notified that ,~_~p.qr.~._~!..~~_!9L~~.~.____......._......_.__,...._.-----------......-..---..--.-.....-...____ the PlaintiCI has commenced an action in n_n..~J..YJ..1..119j;.J,.QlIn=__t.~l!nn.._...__...___nn. against you which you are required to defend or a default judgment may be entered agains: you, (SEAL) Lawrence E. Welker .-.-.---.-.----..-.p~th~~~t;~.---.---.-.----.--- Date ___.IUlr.U._',,'i......_____.__. 19__'ilJ By -~-a.~.W~t-)~' Deputy n:+_-g '" 00 j ... ~ I 00 ffi . 0 Of ~ Q) 1Il I"- r,.. .S ~ ~ ll: I ... 1 ~ ~ . Q) 'rl ..:l ~ 8 ~\ ~NQ)'" J[ > Cl lIl...kOO< 'rl H - U H~"'''''''~ U ~ 0 J 3\OlIl~ N >< ~ ~. < M 'rll . ... .t11~ '" . . ,~l < . Ull< k ~ r, U O::lO::l~ N UI i::ZUlIl.o I < ~ o Ul..j l"- ll: Cl [!;l ...:l "rl '" c:l CG I c:l OkN Z 0 Z '" k.-1 ~ < ~ I ~ .N 'lll~ 1Il Cl :.: H ~ "':C I . ~ ~ MAY 2 8 1997 ,~ * ((0 RJ:n/OLDS , HAVAS A profa.uional Corporation By: NICI\AJ:L M. BADOWSKI, ZSQUIIIIl Pa, Supr~ Court I,D, Ho. 32848 NICIIZLZ J, THORP, IliSQUIRJ: Pa, Supr~ Court I,D. Ho. 71117 101 Pine Str_t Poat Offioe Box g32 Harriabu~g, Pennaylvania 17108-0g32 Telephone: rax: iii-Mail : 17l7] 236-3200 17l7] 236-&863 ~eyhavaepix,net Attorney for Defendant: GIliORGI C. YOCUM SANDRA J. ZEIGLER, plainLiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -. LAW VS. GEORGE C. YOCUM, Defendant. DOCKET NO. 97.2163 JURY TRIAL DEMANDED BRIEP OP DEPENDANT. GEORGB C. YOCUM. IN SUPPORT OP PRELIMINARY OBJECTIONS TO PLAINTIPP' S COMPLAINT I. PACTUAL AND PROCEDURAL HISTORY. Thid case arises out of a motor vehicle accident which occurred on or about April 30, 1995, at the intersection of Lamb's Gap Road and U.S. Route 11 (Carlisle Pike) in Cumberland County, Pennsylvania. Thereafter, Plaintiff, Sandra J. Zeigler ("Plaintiff"), filed a Complaint commencing this action against Defendant, George C. Yocum ("Defendant"). A copy of Plaintiff's Complaint is attached to Defendant's Preliminary Objections as Exhibit "A." Defendant has filed Preliminary Obj ections requesting that this Honorable Court strike the general boilerplate allegation of paragraph 4(d) and Plaintiff's claim for punitive damages. This brief is offered in support thereof. II. STATEMENT OJ' THE OUBSTIONS INVOLVED. A. 1fBBTHBR A GBNBRAL BOILBRPLATB ALLBGATION OF NEGLIGENCB IS PROPBRLY STRICKEN FOR FAILURE TO STATB IN A CONCISB AllD SUMMARY FORM THB MATERIAL FACTS UPON mIlCH A CAUSB OF ACTION IS BASBD? LSuggested answer in the affirmative]. B. 1fBBTHBR A CLAIH FOR PUNITIVE DAMAGBS IS PROPBRLY STRICKEN FOR FAILURE TO ALLBGE FACTS IN SUPPORT THn~OF? [Suggested answer in the affirmative]. III. DISCUSSION. A. General boi1e~late allegations of nealiqence are nroperly stricken for failure to st8~ in a concise and snmm"xy form the material facts ~ which a cause of action is based. Pennsylvania Rule of Civil Procedure ~o. 1019(a) requires that a complaint state in concise and summary form the material facts upon which a cause of action is based. The purpose of the requirement for concise and summary allegations of fact is so that the plaintiff's proof can be confined to such actions, thus providing the defendant a reasonable opportunity to prepare his defense. Baker v, Rqngga, 229 Pa. Super. 333, 324 A.2d 499 (1974). Additionally, Pa. R. Civ. P. No. 1029(a) (3) permits a party to file preliminary objections to inoufficient specificity in a pleading. In the landmark case of Connor v, Alle9heny General Hospital, 501 Pa. 306, 461 A.2d 600 (1993), the Pennsylvania Supreme Court addressed the use of boilerplate language in the provisions of pleadings. Specifically, footnote 3 of the Connor .2. decision places the burden on ~ defendant to preliminarily object to indefinite language in order to prevent a plaintiff from introducing new theories of negligence and new causes of action decision, numerous Pennsylvania common pleas courts have stricken boilerplate allegations of negligence which were challenged at the preliminary objection stage. aee ~ Starr v, Meyers, 109 Dauphin 147 (1998); Miller v. Milton S, Hershey Medical Center, et a1., 106 Dauphin 342 (1995). In the instant case, paragraph 4(d) of Plaintiff's Complaint contains a boilerplate allegation of negligence. Paragraph 4(d) alleges as follows: Defendant otherwise failed to exercise due care under the circumstances in and there existing. This general boilerplate allegation of negligence does not provide Defendant with notice of the manner in which Defendant allegedly negligently operated his vehicle. Furthermore, if paragraph 4(d) is allowed to remain in the Complaint, Plaintiff may later amend her Complaint to introduce new theories of beyond the statute of limitations. In light of the ~ negligence after the statute of limitations has run. These concerns are precisely what Connor and its progeny sought to address. Therefore, Defendant requests that paragraph 4(d) be stricken from Plaintiff's Complaint. . 3 . B. plaintiff'. claim for punitive damagea :~:~~n~~a:~r;c:~:i:;f~:e;:n~~~v:odf::~:et~n thia n.91iaen~. .~tion. An essential fact needed to support a claim for punitive damages is that the defendant's conduct must have been outrageous. Outrageous conduct is an "act done with bad motive or with reckless indifference to the interest of others," (Citation omitted). "Reckless indifference to the interest of others," or as sometimes referred to "wanton misconduct," means that the actor has intentionally done an act of an unreasonable character in disregard of the risk known to him or so obvious that he must be taken to be aware of it, or so great as to make it highly probable that harm would follow. (Citations omitted). Brownawell v. Bryan, 40 D&C 3d 607 (Cumb. Co. 1996). Moreover, plaintiff's cumplaint must contain factual allegaticns which demonstrate outrageous conduct perpetrated with an evil motive or with reckless indifference to the well.being of others. ~ S.H,V. Coal, Inc. v. Continental Grain Co., 526 Pa. 599, 597 A.2d 702 (1991). plaintiff's Complaint fails to set forth factual allegations that support outrageous conduct or reckless indifference on the part of Defendant. It is therefore submitted that plaintiff's referenCe to "willful and wanton misconduct" in paragraph 4 should be stricken and plaintiff's request for punitive damages in the adanum clause should be stricken. - 4 - IV. CONCLUSION. In light of the foregoing analyses and case law, Defendant, George C. Yocum, rpquAsts this Honorable Court to i! grant his Preliminary Objections to Plaintiff's Complaint. Respectfully submitted, DaCe: s:/??I!l By: REYNOLD~__6'c HAVAS ~. A Pr f", "ll!t'on HAEM. BADOWSKI MICHELE J. THORP Attorneys for Defendant - 5 . - CERTIFICATE OF SER~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first. class postage prepaid, on the :2/7t1t. day of ~ 7J 1997, and addressed as follows: Kenneth A. Wise, Esquire 126 Locust Street Post Office Box 11489 Harrisburg, Pennsylvania 17108.1499 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation iI f I I , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SANDRA J. ZEIGLER, . No. 97-2163 civil . plaintiff . . : v. . CIVIL ACTION - LAW . . . GEORGE C. YOCUM, . . Defendant JURY TRIAL DEMANDED ("l C. Lo:.', (:> -.I 'II '- ',I c.: ,.;:'fJ I ;;r,; c'- ~d-:) .~ .. , :,~ 1 ~) ., , l " 11 .. I .:... :.,J ...J "' ~~ t: PRAECIPE FOR LISTING CASE FOR ARGUMENT I , To the Prothonotary of Cumberland county: Please list the within matter for the August 13, 1997, Argument Court. 1. Matter to be argued: Defendant Yocum's Motion for summary Judgment. 2. Identify counsel who will argue case (a) for Plaintiff: Kenneth A. Wise, Esquire 126 Locust street Poet Office Box 11499 Harrisburg, PA 17108-1489 (b) for Defendant: Michele J. Thorp, Esquire Reynolds , Havas 101 pine Street Harrisburg, Pennsylvania 17101 , . . I - ~ . . >. . '. I 3. I will notify all parties in writing within two days that this case has been listed for argument. REYNOLDS , HAVAS A Professional corporation Date:'" /oJ~-' By: Michele J. Thorp Attorney I.D.171117 101 pine street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, George C. Yocum - 2 - CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United states Mail at Harrisburg, pennsylvania, first-class postage prepaid, on the ,gIlL.. day of July, 1997, addressed as follows: Kenneth A. Wise, Esquire 126 Locust street Post Office Box 11489 Harrisburg, Pennsylvania 17108-1487 (Counsel for Plaintiff) REYNOLDS , HAVAS A Professional Corporation By: ~aAd ~, ~ ~aron Dell-Gallaghe Secretary 3663 . Jll:n/OLDS , HAVAS A Profa..ional Corpozation By: MICHAEL M, BADOWSKI, J:SQUIJII: Pa, supr.ma Court 1.0. No. 32646 MICHlLIl J, THORP, IISQUIJII: Pa. suprame Court 1.0. No. 71117 101 Pin.. Street po.t Offioe Box g32 Harri.burg, Pann.ylvania 17108-0g32 Telephone: ru: II-Mail : [717] 236-3200 [7171 236-6863 reyhavBep1x.net Attornay tor Dafendant: GIIORGI: C. YOCllM SANDRA J. ZEIGLER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION .. LAW DOCKET NO. 97.2163 VS. GEORGE C. YOCUM, Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this ____ day of , 1997, upon consideration of the Preliminary Objections of Defendant, George C. Yocum, IT IS HEREBY ORDERED AND DECREED that the Defendant's Preliminary Objections are granted as follows: (1) Paragraph 4(d) of Plaintiff's Complaint is stricken; and (2) Plaintiff's claim for punitive damages is dismissed. BY THE COURT: J. " Jll:n/OLDS " HAVAS A Profeaaional Corporation By: KICIlAJ:L M. JlADOHSKI, ESQUIJII: Pa, Supreme Court I,D. Ho. 32846 MICHlLJ: J, THOIU', ElQUIJII: Pa, Supreme Court I,D, No, 71117 101 pine str_t Poat Office BoX D32 Harriaburq, Pennaylvania 17108-0D32 Telephone: rD: E-Mail: [717] 236-3200 [717] 236-8863 reyhavGaph, net Attornay for Oefandant: OEORClJ: C. YOCUM VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -- LAW DOCKET NO. 97-2163 JURY TRIAL DEMANDED SANDRA J. ZEIGLER, Plaintiff, GEORGE C. YOCUM, Defendant. PRELrMINARY OBJECTIONS OP DEPENDANT. GEORGE C. YOCUM. TO PLAINTIPP'S COMPLAINT AND NOW, comes Defendant, George C. Yocum, by and through his counsel, Reynolds & Havas, a Professional Corporation, and preliminarily objects to Plaintiff's Complaint and assigns the following reasons therefor: I. PRELIMINARY PURSUANT TO NO. 1019(al OBJECTION IN THB NATURE OP A MOTION TO STRIKE PA. R. CIV. P. NO. 102Blal (31 AND PA. R. CIV. P. LACX OP PACTUAL SPECIPICITY. 1. This action arises out of a motor vehicle accident which occurred on April 30, 1995, at the intersection of Lamb's Gap Road and U.S. Route 11 in Cumberland County, Pennsylvania. 2. Plaintiff, Sandra J. Zeigler ("Plaintiff'), commenced this action by way of Complaint filed on or about May 6, 1997. A copy of Plaintiff's Complaint is attached hereto, incorporated herein by reference and marked as Exhibit "A.' 3. In her Complaint, Plaintiff alleges that the negligence of Defendant, George C. Yocum ('Defendant"), resulted in the motor vehicle accident of April 30, 1995, and Plaintiff sustained injuries therefrom. 4. In paragraph 4(d) of the Complaint, Plaintiff alleges that the negligence of Defendant consisted, inter alia, of the following: Defendant otherwise failed to exercise due care under the circumstances then and there existing. 5. The foregoing averment constitutes non-specific, general allegations of negligence that fail to comply with the factual specificity requirements of Pa. R. Civ. P. No. 1019(a) and Pa. R. Civ. P. No. l028(a) (3). 6. The general boilerplate allegation of paragraph 4(d) does not provide Defendant with notic~ of the manner in which Defendant allegedly negligently operated his motor vehicle. 7. If the allegation set forth above is allowed to remain, Plaintiff may have the opportunity to amend her Complaint to introduce new theori~s of negligence after the applicable statute of limitations has run, all to ~he prejudice of Defendant. WHEREFORE, Defendant, George C. Yocum, prays this Honorable ~ourt enter an Order striking the general boilerplate allegation contained in paragraph 4(d) of Plaintiff's Complaint - 2 - . -'-"-~ . . ." ~. , ",.,. . . ~ i'k~ ,. for failure to comply with the factual specificity requirements of Pa. R. Civ. P. No. 1019(a) and in accordance with Pa. R. Civ. P. No. 1029 (a) (3) . II. ::~=~:~ ~~:m~~Ig~ ~N ~2 ~A~: ~~ ~ MOT;~~ :R s;~nJC PURStJANT TO :~ Rn c~_ P NO (( I _ L .cQIU>LY WITH Rm.E p w. 8. The foregoing paragraphs are incorporated herein by reference as though set forth fully at length. 9. Paragraph 4 alleges that Plaintiff suffered injuries as a result of "Defendant's negligence and willful and wanton misconduct..... 10. Furthermore, Plaintiff's ad damnu~ clause requests relief in the nature of punitive damages. 11. In order to state a claim for punitive damages, Plaintiff's Complaint must allege facts that indicate in what matter the Defendant knew or had reason to know that his conduct involved a high degree of probability that subotantial harm to the Plaintiff would result. VanJn~~n v, W~ntz. 70 D&C 2d 555 (Monroe County 1975). 12. Moreover, in order to support a claim for punitive damages, the factual allegations of the Complaint must demonstrate outrageous conduct perpetrated with an evil motive or with reckless indifference to the well-being of others in order to subject a Defendant to liability for punitive damages. S.H.V. . 3 - Coal, Inc, v. Continental Grain CompanY, 526 Pa. 589, 597 A.2d 702 (1991). 13. Under the foregoing standards, Plaintiff's Complaint fails to allege facts which support a claim for punitive damages. WHEREFORE, Defendant, George C. Yocum, requests this Honorable Court to enter an Order striking the phrase .willful and wanton misconduct" from paragraph 4 of Plaintiff's Complaint and striking Plaintiff's claim for punitive damages contained within the ad damnum clause of Plaintiff's Complaint. Respectfully submitted, Date: c: /z~1t 7 By: - 4 . exhibit A n 1', . . ~ . ~ . . t , . I' .' . O~/1S/97 THU lS:13 FA! 77~ 2113 STATE FARlI CLAlll 1aI00~ " en la peticion cia demanda. Usted pueda perder dinero 0 sua /propiedadas 0 ostrol dsrlehos importantas para u.tlcl. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TUNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL 5ERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION 5E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE CONSEQUIR AsrSTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240=-6200 O~/15/g7 TBU 15:1~ FA! 77~ 2113 STATE FAR>> CLAIM ~oos SANDRA J. ZBIOLER Plaintiff IN THE COURT OF COMMON PLEA~ CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 2163 OEORGI: C. YOCtJH CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant COHPLAINT AND NOW, comes Plaintiff by her undersigned counsel and respectfully brings this Complaint setting forth in support thereot' as follows: 1. Plaintiff herein is Sandra J. Zeigler, an adult individual residing at 315 Pleasant View Drive, New Cumberland. York County, Pennsylvania. 2. Det'endant herein is George C. Yokum, an adult individual residing at 437 Linton Hill Road, Duncannon, Perry County, Pennsylvania. J. On or about April JO, 1995, at approx:'mately S:OO alii, Plaintiff was driving her vehicle in an easterly direction along the northbound route of U. S. Ro~ce 11 (Carlisle Pike). As she 3pproached the intersection with Lambs Gap Road, she proceeded into the left turn lane. She next proceeded to make a lat't hand turn with the left turn traffic light. As she was nearing Lambs Gap Road, a vehiCle being driven by Defendant in a southerly direction along Lambs Gap Road proceeded to come into the intersection against thE red traffic light. As a result. the front end portion of Defendant I s vehicle collided with the left front port:ion of Plaintit't"s vehicle. 0$/1$/91 THU 15:1~ FAX 71~ 2113 STATE FAIUI CUlll 1aJ008 ... The above described acoident we. the legal r.sult of Defendant'. negligence and willful and wanton misoonduot in that: A. Defendant failed to observe traffic control devices; to wit, a red light at the intersection of Lambs Gap Road and the Carli.h Pike; B. Defendant failed to taKe any action to brake or to ste~~ clear of, or to otherwise avoid the acoident; c. The Defendant failed to pay any attention to conditions in and there existing at a busy intorsection. ,~ D. Defendant otherwise failed to exercise due care under the circumetances in and there existing. 5. As a result of the accident, Plaintiff suffered a whiplash type injury to her spine, and in particular, her cervical spine. , It relulted in continued debilitating pain, particularly in her neck and right shoulder, and frequent headache.. She suffered, and continues to suffer from pain, when getting in and out of oars, and when riding in oars for any distance. 6. As a result of the accident, Plaintiff can be expected to inour medioal bills of over $10,000.00 in an amount in excess of at least an additional $10,000.00. 7. As a result of the accident, Plaintit't' has lost her earning potential as an automobile sales lady and will otherwi.e suffer a wage loss, above a $5,000.00 threshold, in the amount of at loast $50,000.00. B. As a result of the accidont, Plaintiff has endured considerable pain and SUffering, and ~ill continue to endure pain and suffering in the future. ;-1 II 05/15/87 rut 15:1~ FAX 77~ 2113 STATE FARlI Cl.\lll 1aJ007 9. This claim is in excess of the compulsory arbitration limits for CUmberland County. WHEREFORE, Plaintiff:es~e~tfully ~equeets judgement in her favor tor actual and, punitive aamages in excess of $20,000.. toqether with interest, delay damages, and cost at suit. Respectfully submitted, i , I' Date: )/111 .,;,' ) , ,~"1(~' (I/. ,/1;, . ,< ;tI'V' NETH A. WISE. ESQUIRE ID NO. 16142 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFF " r! Ii, C5/15/97 TBU 15:1t FAt 77t 2113 1aI008 STATE F.\RlI CUIll VZRIJ'IeATIOH Upon lilY personal knowledge or infornation and belief, I hereby verity that the tacta averrea in the foregoing COHPLAI>>T are true ana correct to the best of my knowledge, information and belief. I und~rstand that fal.e statements or averments therein made will subject me to the criminal penalties of 18 pa.C.S. Section 4904 rQlating to unsworn falsification to authoritie.. Data: , d "' ,.... .....1A/ 171 '(- 1 ' . /1"1. d, -..J.1,,~,A"-K "J:;~';~ (., SANDRA J., u;~~, ER1 ,,' I. " . C5/15/87 TBU l5:15 FAX 77~ 2113 STATE r \RlI CLAIII fib 008 ... CERTIFICATION OF SERVICE I hereby certify that I a~ this day servinq a true and correct copy 01' the attached COMPLAINT on the l'ollowinq individual by Firat Class U.S. Mail addressed as follows: Date: r),~, 41 u Georqe C. Yocum 437 Linton Hill Road Ouncannon, PA 17020 t, ) / 1;;;/I/i/iJ!i:t(~ KENNETH A/WISE, ESQUIRE ID NO. 16142 126 LOCUST STREET P. o. BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFF H ,I ~- ..:J" p~ - i I'" ( . I. I- I .~ <.." /l r-' I- , - , t " Ii .. ,. ~ . (' 1-' I U ," \.J .' . SANDRA J. ZEIGLER I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA V. I I GEORGE C. YOCUM I NO. 97-2163 CIVIL TERM I I CIVIL ACTION - LAW IN REI PRELIMINARY OBJECTIONS OF DEFENDANT BErORE SHEELY. P.J.. HorrER. J.. HESS. J. HlHQRANDUM OPINION AND ORDER or COURT This case involves an accident which occurred on April 30, 1995, in Cumberland County, allegedly at an intersection controlled by a traffic light. Two preliminary objections were filed t~ the Complaint, both motions to strike certain paragraphs. The Court heard argument on August 13, 1997. The first motion to strike concerns paragraph 4(0) of the Complaint I The above described accident was the legal result of Defendant's negligence and willful and wanton misconduct in that: Defendant otherwise failed to exercise due care under the circumstances in and there existing. This type of boiler plate allegation of negligence has been stricken since Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2nd 600 (1983). In allowing an amendment to the complaint long after the statute of limitation had expired, the court noted in footnote 3 that if appellee did not know how it "otherwise failed to use due care and caution under the circumstances", it could have filed a preliminary objection .... to strike third portion of appellant's complaint. Pursuant to Connor, the defendant has properly proceeded to . - ., '.. I FiLeD ,O::F1CE 0.. T' ,., i'''''T1'''''I)r>r>y f" r,t., I') : I'Ji\_ II'" q1 SEP 18 ['i\ 3: L.6 CU";'.t;'.' ';"r) ( c"II'rtY Itll....1 "I, ,. ,,_ .1" ?c:Ni~SYLv;.NiA ~. I I I I ~ u (,t q ,~ NO. 97-2163 CIVIL TERM eliminate paragraph 4(0) of the Complaint, and the motion to strike that paragraph is granted. The second motion involves the defendant's request to strike the claim for punitive damages. The specific allegations of negligence in the Complaint are set forth as follows I The above described accident was the legal result of Defendant's negligence and willful and wanton misconduct in thatl A. Defendant failed to observe traffic control devicesJ to wit, a red light at the intersection of Lambs Gap Road and tha Carlisle PikeJ B. Oefendant failed to take any action to brake or to steer clear of, or to otherwise avoid the accidentJ C. The Defendant failed to pay any attention to conditions in and there existing at a busy intersection. O. Defendant otherwise failed to exercise due care under the circumstances in and there existing. The Superior Court has explained the pleading requirements of punitive damages as follows I An essential fact needed to support a claim for punitive damages is that the defendant's conduct must have been outrageous. Outrageous conduct is an 'act done with a bad motive or with a reckless indifference to the interests of others.' Focht v. Rabada, 217 Pa.Super. 35, 39, 269 A.2d 157, 159 (1970) citing comment (b) to section 908 of the Restatement of Torts. Reckless indifference to the interests of others, or as it is sometimes referred to, 'wanton misconduct', means that 'the actor has intentionally done an act of an unreasonable character, in disregard of a risk known to him or so obvious that he must be taken to have been aware of it, and so great as to make it highly probable that hann would follow.' Evans v. Philadelphia Transportation Company, 419 Pa. 567, 574, 212 A.2d 440, 443 (1965). Smith v. Brown, 283 Pa. Super. 116, 120, 423 A.2d 743, 745 2 ... NO. 97-2163 CIVIL TERM (1980). Turning to the instant case, paragraph 4 (D) has already been stricken. Paragraph A, if proven, certainly would support a claim for negligence. However, merely failing to observe a traffic signal would not constitute outrageous conduct without additional conduct being present. Aclditionally, paragraphs Band C as plead do not indicate any outrageous conduct on the part of the defendant. Therefore, the facts do not support any claim for punitive damages and that claim is stricken from the Complaint. , , I l : ! , I f I i I i AND NOW, this of SEPTEMBER, after careful consideration of the parties' oral arguments and briefs, defendant's preliminary objections to the Complaint are SUSTAINED; paragraph 4(0) and the claim for punitive damages are stricken from plaintiff'S Complaint. By the Court, Kenneth A. Wise, Esquire For the Plaintiff - ~J~~'" ~~.t 9/;).:1../97, ...J.~ Michael M. Badowski, Esquire For the Defendant Isld 3 ~ " ({ , (;: ~. ... (- ~ ~ C': ~^ j."'" ~.:~ ~-~ lll~~) (:-0 ~ . ~) ::'.. t" . Co.: .L. .~ "),>! C\ji. . \ <0 . .' i/J f~}' N )ri.; U:~' (L 'tltu LtJ ,UQ.. F C/l ~-; Lt. r-. ~5 () en u III:n/OLDS , HAVAS A ~rofaaaional Corporat~on By: KICHAlL K. IIAD01fSIU, ISQOII\Ii ~a, 'upr... Court I.D. Ho. 32141 KICIlJiLl J. YHOU, I'QOIIII: Va, 'upr... Court 1.0, Ho. 71117 101 ~ine 8tr_t ~oat Office Boa 832 Harriaburg, Pannaylvania 17101-0832 Telephone : rex: I-Mail: [717] 231-3200 [7171 231-8813 rayhavSepL". net Attorney for Dftfandant: GJ:OJUJJ: C. YOCOM ANSWER AND NEW MATTER OF DEFENDANT. GEORGE C. YOCUM. TO PLAINTIFF" S COMPLAINT 1. Denied. After reasonable investigation, Defendant, George C. Yocum (hereinafter "Mr. Yocum'), is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Plaintiff's Complaint and, therefore, said averments are denied. 2. Admitted. 3. Denied as stated. By way of further answer, on Sunday, April 30, 1995, at approximately 9:00 a.m., Mr. Yocum was operating his motor vehicle along Lamb's Gap Road approaching its intersection with the Carlisle pike (U.s. Route 11). Mr. Yocum was proceeding at a slow rate of speed as he approached the intersection and applied his brakes in response to a red traffic signal light. The roadway was wet and as Mr. Yocum b~gan to brake, the wheels of his vehicle locked and he slid into the intersection colliding with the vehicle operated by Plaintiff who was in the process of turning left onto Lamb's Gap Road from the Carlisle Pike. 4. (a)-(c) Denied. The averments of this paragraph and subparagraphs of the Plaintiff's Complaint state legal conolusions to which no response is required. Mr. Yocum avers, however, that he was in no way negligent under the circumstances with which he was presented. By way of further answer, Mr. Yocum incorporates herein by reference his answer to paragraph 3 of Plaintiff's Complaint as if the same was set forth in its entirety. Subparagraph 4(d) was stricken by way of Court Order dated September 17, 1997 and, therefore, no response is required to Subparagraph 4(d). 5-9. Denied. The averments of the corresponding paragraphs of the Plaintiff's Complaint recite claims of damage after reasonable investigation of which, Mr. Yocum is without knowledge or information sufficient to form a belief as to their truth and, therefore, said averments are denied. Mr. Yocum avers, however, that he in no way negligently caused any injury or damage to the Plaintiff. WHEREFORE, Defendant, George C. Yocum, demands judgment in his favor and against Plaintiff. I I~ I ! NEW MATTER 10. To the extent currently applicable or to the extent that it may later prove to be applicable, Defendant hereby pleads the statute of limitations to preserve this affirmative defense for the record. 11. To the extent that discovery reveals, Defendant hereby pleads Plaintiff's contributory negligence and/or assumption of risk in order to preserve these affirmative defenses for the record. 12. On the date, time and location of the subject motor vehicle accident, the roadway of Lamb's Gap Road and the Carlisle pike was wet and slippery. 13. At all times and for all purposes relevant to the events of the subject motor vehicle collision, the Defendant was operating his motor vehicle in a careful, safe and prudent fashion. 14. At the time and location of the subject accident, Defendant was oporating his motor vehicle at a slow rate of speed. 15. To the extent that Plaintiff has any of the injuries she alleges in her Complaint, it is averred that, in whole or in part, any such injury or damage is not causally related to the subject motor vehicle accident. . 16. Defendant incorporates herein by reference his answer to paragraph 3 of the Plaintiff's Complaint as if the same was set forth in its entirety. Date: 1C;P~/9' REYNOLDS , HAVAS A p:;:;;::,o.., CO<po~.t'on BY'HICHAB~~ Attorney for Defendant ... VERIFICATION I, GBORGB C, YOCOM, have read the foregoing DEFENDANT'S ANSWER AND NEW MATTBR TO PLAINTIFF'S COMPLAINT which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: '\ ~ z.. '-t - ~ 1 J~ Ii ~.. ORGE C YOCUM VERIFICATION Upon my personal knowledge or information and belief I I hereby verify that the facts averred in the foregoing PLAINTIFF'S RESPONSE TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 19 Pa. C. S. section 4904 relating to unsworn falsification to authorities. Date: o(!}. .;{, Nf7 . ~'- .! CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached PLAINTIFF I S RESPONSE TO NEW MATTER on the following individual by First Class U.S. Mail addressed as follows: Michael M. Badowski, Esquire Reynolds , Havas 101 pine street P.O. Box 932 Harrisburg, PA 17108-0932 Date: '1(/(/ '4-/ /.. / /V/ //1//,.', ''1/ ., /;';'/t:.-? t',d', t,_;tC . / ~ KENNETH A. WISE, ESQUIRE ID NO. 16142 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PA 17108-1489 (717) 239-3838 ATTORNEY FOR PLAINTIFF PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the lollowlng case: (Check one) ( X) lor JURY trial at the next term 01 cl~1I court. ~;) CAPTION OF CASE (entire caption must be stated In lull) .'1 (check one) Assumpsit Trespass SANDRA J. ZEIGLER Trespass (Motor Vehicle) Civil Action-Law (other) (xx) (Plaintiff) vs. The trial list will be called on April 21, 1998 and GEXlRGE C. YOCUM Trials commence on May 18, 1998 (Delendant) Pretrials will bo held on April 29, 1999 (Brlels are due 5 days belore pretrials,) (The party listing this case lor trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214,1,) vs, No, 2163 _ Civil C 19,!)L Indicate the attorney who will try case lor the party who files this praecipe: . KlliNETH A. WISE, ESQUIRE Indicate trial counsel for other parties if known: MICHELE J. THORP, ESQUIRE (Reynolds & llavas. P.C. I --.---------- .--- --- This case Is ready lor trial. '--. =-1- -. /"7~;---'-- ---' '. '/ /. / o oj; '.' ,. ; . . (,{ .. JJ-.~ ~ Signed: Dale: 15./1 J Print Name: Kenneth A. Wise, Esquire Attorney for: ._Pli"intifJ_ SAMDRA J. ZEIGLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . v. NO. 97-2163 . . GEORGB C. YOCUM CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I hereby certify that I am this day ser.ving a true and correct copy of the attached Praecipe For Listing Case For Trial on the fOllowing individual by First Class U.S. Mail addressed as follows: Michele J. Thorp, Esquire REYNOLDS' HAVAS, P.C. 101 pine Street P.O. Box 932 Harrisburg, PA 17108-0932 Date: . I,,"" /,/' ...'. , 1"/// ,,(((" , , , - Kenn~th A. Wise, Esquire ID NO 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiff SANDRA J. ZI!IIGLER . IN THE COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff v. NO. 97-2163 GEOROI C. YOCUM CInL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR VOLUNTARY DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above cap~ioned action voluntarily discontinued by Plaintiff with prejudice. (There are no pending counterclaims or cross claims.) rr-' f Date: 1.)/,/<( fP I ~// 0~> .~. ..' "/ ,- ~////// . ../' ,""< ,... t '" ~ , ~. .:. ,,- / ,....L.- <.-- t- ," KENNETH A. WISE, ESQUIRE ID NO. 16142 126 LOCUST STREET P. O. BOX 11499 HARRISBURG, PA 17108-1499 (717) 239-3838 ATTORNEY FOR PLAINTIFF c:\""'ldoc.\pld\ulyoc.pra "'. '"', r; ~:; _I .~. .. ~:~~~ \J.lt. - - ., ;',' l I: -l <-'4 :ii; -' f'" !~ I.,. (J: .- I' '''-,1 "/1 r j' ...:J;~ oi1,. . '- lL I, o' 'JII.I '"t ;:.10... ,- =-J 25 " c: a u 0'