HomeMy WebLinkAbout02-6097
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: CIVIL ACTION - LAW Il ~
: NO. ~-(,091 L:;u~[ /~
ST. PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE,
Defendant
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following Complaint, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone: (717) 249-3166
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: CIVIL ACTION - LAW C _ . c
: NO. C::>~ - &.D97 I C-;>l L
I -
~
ST. PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE,
Defendant
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Judith A. Jones, by her attorney, Karl E. Rominger, Esquire,
and in support of her Complaint avers as follows:
1. Plaintiff, Judith A. Jones, is an adult individual who resides at 1004 Holly Pike,
Carlisle, PA 17013.
2. Defendant. St. Pauls Evangelical Lutheran Church, is located at 201 West Louther
Street, Carlisle, PA 17013.
3. On or about January 2,2001, plaintiff was a visitor at the church and as she was
walking to avoid ice patches on the sidewalk, she tripped, slipped, or fell due to a raised portion
on the sidewalk that was recently repaired.
4. Defendant set up cones to warn visitors of an ice patch or other hazard(s) on the
sidewalk and had reason to know that visitors would use the recently repaired portion of the
sidewalk to gain entrance to the church.
5. As a result of the fall, the plaintiff suffered ~uries which resulted in the necessity of
medical treatment.
6. Said ~uries, which were a result of the fall, caused plaintiff severe physical ~uries and
mental anguish including but not limited to pain and suffering, physical trauma, medical damages
and emotional distress.
COUNT I
NEGLIGENCE
7. Previous paragraphs incorporated by reference.
8. Defendant had a duty to plaintiff to keep the sidewalk in a reasonably safe condition.
9. Defendant breached its duty in that:
(a) defendant failed to give adequate warning of the dangerous condition posed by
the elevated portion of the sidewalk.
(b) defendant failed to make the sidewalk even while pouring new concrete to
repair the sidewalk.
(c) defendant failed to give adequate lighting to allow visitors an oPportunity to
see the dangerous condition posed by the elevated portion of the sidewalk.
(d) defendant performed such other acts or missions as may be revealed in the
course of discovery or trial in this case.
10. Plaintiff sustained injuries which resulted in medical costs, physical, mental and
emotional ~uries, including pain, suffering, nervousness and the like.
11. Defendant's actions are the direct and proximate cause of plaintiff's ~uries.
WHEREFORE, plaintiff respectfully requests that this Honorable Court enter an award in
her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs
of this suit and attorney's fees.
Respectfully submitted,
~
"
'Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
VERIFICATION
I verifY that I am the petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
Date: /~- (3-o?.
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JOHN GERARD DEVLIN & ASSOCIATES, P. C.
By: John Gerard Devlin, Esquire
I. D. No: 32858
100 Pine Street, Suite 260
Harrisburg, PA 17101
717-720-0700
Our File No.068-19373-JGD/h
JUDITH A. JONES
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
ST. PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE
JURY TRIAL DEMANDED
NO. 02-6097 - civil
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance as counsel for St. Pauls Evangelical Lutheran Church of
Carlisle in the above captioned matter.
BY:
RD DEVLIN & ASSOCIATES, P.C.
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JOHN GERARD DEVLIN & ASSOCIATES, P. C.
By: John Gerard Devlin, Esquire
1. D. No: 32858
100 Pine Street, Suite 260
Harrisburg, PAl 71 01
717 -720-0700
Our File No.068-19373-JGD/h
JUDITH A. JONES
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
ST. PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE
JURY TRIAL DEMANDED
NO. 02-6097 - civil
DEMAND AND PERFECTION OF DEMAND FOR JURY TRIAL
TO THE PROTHONOTARY:
Answering defendant, St. Pauls Evangelical Lutheran Church of Carlisle, hereby demands
a trial by jury by 12 individual men and women, and hereby perfects its demand for jury trial by
the payment of the jury trial fee.
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06097 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JONES JUDITH A
VS
ST PAULS EVANGELICAL LUTHERN
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ST PAULS EVANGELICAL LUTHERAN CHURCH OF CARLISLE
the
DEFENDANT
, at 1404:00 HOURS, on the 30th day of December, 2002
at 201 WEST LOUTHER ST.
CARLISLE, PA 17013
by handing to
PATTI SCHUETTLER,
ADMINISTRATIVE ASSISTANT
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.45
.00
10.00
.00
31.45
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0" ,.".,;...<'~t.'~.n::'.'l,,,;iC'...'i!'- ~
R. Thomas Kline '
12/31/2002
ROMINGER & BAYLEY
Sworn and Subscribed to before
By: 7~ b
Deputy S~f
me this 3M.- day of
C)1~ ~ ,.. 'J rJ. O'D. 3 A . D .
~A~ Q ~ Arlf!-
Prothonotary
To Parties:
You are hereby notified to plead to the
enclosed New Matter within twenty (20)
days om t service hereof or a default
jud ent be entered a inst you.
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
By: John Gerard Devlin, Esquire
I. D. No: 32858
100 Pine Street, Suite 260
Harrisburg, PA 17101
717-720-0700
Our File No.068-19373-JGD/h
JUDITH A. JONES
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
ST. P AULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE
JURY TRIAL DEMANDED
NO. 02-6097 - CIVIL
ANSWER AND NEW MATTER OF DEFENDANT,
ST. PAULS EVANGELICAL LUTHERAN CHURCH OF CARLISLE
Defendant, St. Paul's Evangelical Lutheran Church of Carlisle, by way of answer to the
Complaint avers as follows:
1. Denied. After reasonable investigation, answering defendant is without sufficient
knowledge or information with which to form a belief as to the truth of the allegations contained in
this paragraph. Strict proof of same is demanded at time of trial.
2. Admitted.
3. Denied. After reasonable investigation, answering defendant is without sufficient
knowledge or information with which to form a belief as to the truth of the allegations contained in
this paragraph. Strict proof of same is demanded at time of trial.
4. Admitted. It is admitted that the defendant set up cones to warn visitors of an ice
patch or other hazards on the sidewalk. It is specifically denied that the defendant knew or should
have known that the plaintiff would use the recently repaired portion of the sidewalk to gain entrance
to the church. In this regard, defendant believes and therefore avers that the plaintiff was a member
of a group known as TOP # P A 698. The group had rented "Stock Hall" from the St. Paul's
Evangelical Lutheran Church for meetings to occur on Monday evenings from 5:30 p.m. to 7:30 p.m.
The plaintiff reportedly was attending such a meeting on Tuesday, January 2,2001, which was not
authorized, and which was not a date for which the church had contracted for use of the building by
TOP. Strict proof of same is demanded at time of trial.
5. Denied. All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied. By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of
same is demanded at time of trial.
6. Denied. All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied. By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of
same is demanded at time of trial.
WHEREFORE, answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
demands that judgment be entered in its favor.
COUNT I
7. Answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
incorporates by reference its response to the allegations contained in paragraphs 1-6 of the Complaint
as if same were fully set forth herein at length.
8. Denied. The allegations contained in this paragraph contain disputable issues and/or
conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil
Procedure. Strict proof of same is demanded at time of trial.
9. Denied. All allegations regarding negligence or carelessness on the part of answering
defendant, St. Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied.
Strict proof of same is demanded at time of trial.
10. Denied. All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied. By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of
same is demanded at time of trial.
11. Denied. All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied. By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of
same is demanded at time of trial.
WHEREFORE, answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
demands that judgment be entered in its favor.
NEW MATTER
12. The claims of the plaintiff are barred and/or limited by the provisions of the
Pennsylvania Comparative Negligence Act, 42 Pa. C.S. Section 7102.
13. If there be a judicial determination that Pa. R.C.P. 238 is Constitutional, said
Constitutionality being expressly challenged as in violation of the Due Process and Equal Protection
Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. Section 1983;
Article I, Sections I, 6, 11, 26; and Article V, Section IO( c) of the Pennsylvania Constitution, then
liability for any interest imposed by the Rule should be suspended during the period of time that
plaintiff:
a) fails to convey to the defendant a settlement demand figure;
b) delays in responding to Interrogatories;
c) delays in responding to Request to Produce;
d) delays in producing plaintiff for a deposition;
e) delays in producing plaintiff for a physical examination;
f) delays in any other discovery request made by the defendant, and, as a result of any delay,
the plaintiff should be estopped from obtaining interest because of any violation of the Discovery
Rules.
14. Any damages or injuries which may have been sustained by the plaintiff were the
result of an unavoidable accident insofar as the answering defendant is concerned.
15. Any injuries or damages allegedly sustained by plaintiff were caused through the sole
negligence of the plaintiff.
16. There was no willfulness involved in any of the events involving the factual basis
upon which this suit has been instituted.
17. The claims of the plaintiff are barred and/or limited by reason of the statute of
limitations, inasmuch as suit was not instituted and service of process was not made within the
applicable limitations period.
18. Negligence, ifany, on the part of the answering defendant, was not the proximate
cause of any damages or injuries which may have been sustained by the plaintiff.
19. The Complaint fails to state a claim upon which relief can be granted as against the
answering defendant.
20. The answering defendant was free of any and all negligence.
21. Any damages or injuries which may have been sustained by the plaintiff were caused
through the sole negligence of a third party or parties over whom the answering defendant exercised
no control.
WHEREFORE, answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
demands that judgment be entered in its favor.
Respectfully submitted,
BY: '
1f)EVLIN & ASSbCIATES, P.C.
/
vlin, Esquire
,/
V
VERIFICATION
I, John Gerard Devlin, Esquire, being duIy sworn according to law, hereby deposes and says
that he is the attorney for defendant, St. Paul's Evangelical Lutheran Church of Carlisle, in the above-
captioned matter, that insufficient time exists to secure signature of defendant to an affidavit, and
that the facts contained in the attached Answer and New Matter are true and correct to the best of my
knowledge, information and belief.
Ii
CERTIFICATION OF SERVICE
I, John Gerard Devlin, Esquire, counsel for defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, hereby certifies that on March 18, 2003 he mailed by First Class Mail, postage
prepaid a true and correct copy of Answer and New Matter to all interested parties as listed below:
JOHN G RARD DEVLIN & ~S-SC;~IATES, P.C.
//
BY:
hn Gerard Devlin, Esquire
ounsel for Defendant
St. Paul's Evangelical Lutheran Church of
Carlisle
Dated: March 18, 2003
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
lD. #32858
Howard D. Kauffinan, Esquire
lD. #38963
Our File No.: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: WRY TRIAL DEMANDED
DEFENDANT. ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE MOTION FOR LEAVE
TO JOIN
1. After institution of suit, defendant filed its Answer.
2. Plaintiff alleges personal injuries as a result of a trip, slip or a fall on or about January 2,
2001 at St. Pauls Evangelical Lutheran Church, 201 West Louther Street, Carlisle, and Pennsyvlania.
3. It is believed and therefore averred that the actions of James Neidigh t/d/b/a Jim Neidigh
Concrete and Backhoe Services may have been a direct and proximate cause of the plaintiff's injuries.
4. It is alleged that James Neidigh t/d/b/a Jim Neidigh Concrete and Backhoe Services laid
the concrete and sidewalk identified in plaintiff's complaint and if there were any defects in the
sidewalk, they resulted from and were the proximate cause of James Neidigh t/d/b/a Jim Neidigh
Concrete and Backhoe Services actions.
WHEREFORE, defendant respectfully requests this Honorable Court grant its Motion for Leave
to Join James Neidigh t/d/b/a Jim Neidigh Concrete and Backhoe Services as an additional defendant.
Respectfully submitted,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
BY:
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
I.D. #32858
Howard D. Kauffinan, Esquire
I.D. #38963
Our File No.: 068-19374-JGD/h
mDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRlAL DEMANDED
CERTIFICATE OF SERVICE
V"-
AND NOW, this 2.C( day of AP'l'1 I , 2003, I, Howard D. Kauffinan, Esquire
of the Law Offices of John Gerard Devlin & Associates, P. C., counsel for Defendant, St. Pauls
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Motion for Leave to Join
by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
I.D. #32858
Howard D. Kauffinan, Esquire
LD. #38963
Our File No.: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this ~ day of ~
,
, 2003, it is hereby ORDERED that Plaintiff,
Judith A. Jones show cause as to why Defendant's Motion for Leave to Join James Neidigh tJd/b/a Jim
C{ ~A!.+W~ ':>"'~J~
. Neid~gh Concrete and Backhoe Services should not be grant'1 wdL;., ll~ (Wll lIeys-eftbe date of service
; ofthis Order.
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD. #32858
Howard D. Kauffinan, Esquire
I.D. #38963
Our File No.: 068-19374-JGD/h
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
mDITH A. JONES,
Plaintiff
: NO. 02-6097-Civil
v.
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 9th day of May, 2003, I, Howard D. Kauffman, Esquire of the Law Offices of
John Gerard Devlin & Associates, P. C., counsel for Defendant, St. Pauls Evangelical Lutheran Church
of Carlisle, affirm that I served the foregoing Executed Rule to Show Rule by depositing same in the
United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
~~~
HO D. KAUFFMAN, ESQUIRE
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17 IO 1
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LO. #32858
Howard O. Kauffinan, Esquire
LO. #38963
Our File No.: 068-19374-JGO/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this ~ day of
2003, it is hereby ORDERED that Plaintiff,
Judith A. Jones show cause as to why Defendant Motion for Leave to Join James N~idigh t/dIb/a Jim r:.._
a.~ ru.l-e. rt.-\-L\,rno..b\e Jdd~ ~
t:~ Neidigh Concrete and Backhoe Services should not be granted .. ,. J r "'he date of service
of this Order.
By the Court:
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
J.D. #32858
Howard D. Kauffinan, Esquire
J.D. #38963
Our File No.: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-CiviI
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
DEFENDANTS. ST. PAULS EVANGELICAL LUTHERAN CHURCH OF CARLISLE'S
MOTION TO MAKE RULE ABSOLUTE
1. Movants, St. Paul Evangelical Lutheran Church filed their Motion for Leave to Join
James Neidigh t/d/b/a Jim Neidigh Concrete and Backhoe Services on or about May 3, 2003. A Rule to
Show Cause was signed by the Honorable Edgar B. Bailey on May 8, 2003 and served on May 9, 2003.
2. The Rule to Show Cause granted fifteen (15) days from the date of service to show cause
as to why defendant's Motion for Leave to Join should not be granted.
3. To date, no response as been made to the Motion for Leave to Join.
4. The time in which to show cause as to why the Motion for Leave to Join should be
granted, having expired, it is respectfully requested that the Rule to Show Cause be made absolute and
that defendants be permitted to join James Neidigh t/d/b/a Jim Neidigh Concrete and Backhoe Services
as an additional defendant.
WHEREFORE, defendant respectfully requests this Honorable Court grant its Motion for Leave to Join
James Neidigh t/d/b/a Jim Neidigh Concrete and Backhoe Services within thirty (30) days from the date
of the service of the Order making the Rule absolute.
Respectfully submitted,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
BY:
-----------
DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
J.D. #32858
Howard D. Kauffinan, Esquire
I.D. #38963
Our File No.: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-CiviI
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
~
AND NOW, this ~q day of ~ ' 2003, !, Howard D. Kauffinan, Esquire
of the Law Offices of John Gerard Devlin & Associates, P. C., counsel for Defendant, St. Pauls
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Defendants St. Pauls
Evangelical Lutheran Church of Carlisle's Motion to Make Rule Absolute by depositing same in
the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
DEVLIN ASSOCIATES, P.C.
~
HOWARD. UFFMAN, ESQUIRE
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JUDITH A. JONES,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ST. PAUL'S EVANGELICAL
LUTHERAN CHURCH OF CARLISLE,
DEFENDANT 02-6097 CIVIL TERM
ORDER OF COURT
AND NOW, this
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day of June, 2003, the Rule entered on May 8,
2003, IS MADE ABSOLUTE. The motion of defendant for leave to join James Neidigh
tld/b/a Jim Neidigh Concrete and Backhoe Service as a defendant, IS GRANTED.
....--'-
By tps.-e6urt,
,.,/
Karl E. Rominger, Esquire
For Plaintiff
Howard D. Kauffman, Esquire
For Defendant
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DEVLIN & ASSOCIATES, P.c.
100 Pine Street, Suite 260
Harrisburg, P A 1710 1
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
!.D, #32858
Howard D. Kauffinan, Esquire
!.D, #38963
Our File No,: 068-t9374-JGDIh
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v,
: NO, 02-6097-Civil
ST, PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v,
JAMES NEIDIGH tld/bla JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
PRAECIPE TO ISSBFl \\q;y:;r 0'" ~1rlU'UWlS -lo jo I ~ {}Jd Il
TO THE PROTHONOTARY: Ue..~
Kindly issue a Writ ofSurnmons against Additional Defendant James Neidigh tldllb/a Jim
Neidigh Concrete and Backhoe Services, 616 Bloserville Road, Newville, Pennsylvania 17241.
Respectfully submitted,
DEVLIN ASSOCIATES, p, C,
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DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 1710 1
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
10, #32858
Howard D. Kauffinan, Esquire
10, #38963
Our File No,: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v,
: NO, 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TR1AL DEMANDED
v.
JAMES NEIDIGH t1d/b/a TIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
CERTIFICATE OF SERVICE
AND NOW, this CD V'- day of 'TI..U'\.JL. , 2003, I, Howard D, Kauffman, Esquire
of the Law Offices of John Gerard Devlin & Associates, P. C" counsel for Defendant, St, Pauls
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Praecipe to Issue Writ of
Summons against Additional Defendant, James Neidigh tJdlb/a Jim Neidigh Concrete and
Backhoe Services by depositing same in the United States Mail, postage prepaid in Harrisburg,
Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
DEVLIN ASSOCIATES, P,C.
HOWARD ,KAUFFMAN, ESQUIRE
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Cumberland County, SS:
The Commonwealth of Pennsylvania to
JAMES NEIDIGH t/d/b/a JIM NEIDIGH
(N,,,,,e of Additional Defendant\
CXlNCREI'E AND BACKHOE SERVICES
You are notified that sr. PAULS EVANGELICAL LlJrHERAN CHURCl:! OF rJl.RLIST.E
(Name (5) of Defendant (sJ )
has (have) joined you as an additional defendant in this action, which you are re-
quired to defend,
Date
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CURrIS R. LONe
lIrod1<>notary
_Ry :' fi ,,- II - Q ~C'A~
, Deputy
(SEAL)
JAMES NEIDIGH t/d/b/a
JIM NEIDIGH CXlNCREI'E AND BACKHOE SERVICES
616 BLOSERVILLE roAD
NEWVILLA, PA 17241
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06097 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JONES JUDITH A
VS
ST PAULS EVANGELICAL LUTHERN
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT TO ADD'L DEFEN,
was served upon
NEIDIGH JAMES T/D/B/A JIM NEIDIGH CONCRETE & BACKHOE SER
the
ADD'L DEFENDANT, at 2053:00 HOURS, on the 25th day of June
at 616 BLOSERVILLE ROAD
, 2003
NEWILLE, PA 17241
by handing to
JAMES NEIDIGH
a true and attested copy of WRIT TO ADD'L DEFEN.
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18,00
5,52
,00
10,00
.00
33.52
r'"~~~~
R, Thomas Kline
Sworn and Subscribed to before
06/30/2003
JOHN GERARD DEVLIN
-----_.~
By: j-
me this 3.<.J.... day of
~),va3 A,D.
'---hr~l2~1~y "~'
DEVLIN ASSOCIATES. P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17l 0 I
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD, #32858
Howard D. Kauffinan, Esquire
[,0, #38963
Our File No,: 068-19374-JGD/h
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
JUDITH A. JONES,
Plaintiff
v,
: NO, 02-6097-Civil
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v.
JAMES NEIDIGH t/d/b/a JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
DEFENDANT'S MOTION TO COMPEL
1. After institution of suit, defendant St. Paul's Evangelical Lutheran Church of Carlisle
(hereinafter referred as "defendant") served interrogatories and request for production of documents
upon plaintiff, Judith A. Jones on March 18, 2003 to be answered within thirty (30) days. A true and
correct copy of said interrogatories and request for production of documents is attached hereto and
incorporated herein and marked Exhibit A.
2, As ofthis date, neither objections nor answers to the said interrogatories have been filed,
nor replies to the request for production of documents which is in violation of the Pennsylvania Rules of
Civil Procedure, Interrogatories and requests for production of documents are relevant, material and
necessary and defendant will be prejudiced if full and complete answers to interrogatories and requests
and replies to request for production of documents are not filed.
3. COWlSel for defendant requested answers to intenogatories and replies to request for
production of documents by letters of June 2, 2003 and July 1, 2003, A true and correct copy of said
letters are attached hereto and are incorporated herein and mark,:d Exhibit B.
4. Counsel for plaintiff has not complied with the aforementioned discovery requests
despite the filct that all the discovery inquires are clearly discoverable pursuant to the Pennsylvania
Rules of Civil Procedure,
WHEREFORE, this Honorable Court is respectful1y requested to enter an order directing
plaintiff to file full, complete and specific answers to defendant's interrogatories and replies to requests
for production of documents requested by the defendant.
Respectfully submitted,
DEVLIN ASSOCIATES, p, C,
BY:
------
EXHIBIT A
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JOHN GERARD DEVLIN & ASSOCIATES, P. C.
By: John Gerard Devlin, Esquire
1. D, No: 32858
100 Pine Street, Suite 260
Harrisburg, PA 17101
717-720-0700
Our File No.068-19373-JGD/h
JUDITH A. JONES
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v,
ST. PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE
JURY TRIAL DEMANDED
NO, 02-6097 - CIVIL
REQUEST FOR PRODUCTION OF DOCUMENTS
ADDRESSED TO PLAINTIFF
You are directed to produce, for inspection and/or copying at the offices of JOHN GERARD
DEVLIN AND ASSOCIATES, 100 Pine Street, Suite 260, Harrisburg, Pennsylvania on the date and
at the time set forth below, the following, if applicable to the within litigation:
1, Any and all written statements (signed or unsigned), descriptions of statements and
records and accounts of investigation, photographs and diagranls relating to the incident described in
Plaintiff's Complaint, resumes, curriculum vitae, and reports of all experts,
2. Any and all writings, bills, reports and records, describing property loss, medical care and
earnings relating directly or indirectly to those damages described by the Plaintiff in his Complaint.
3, Any and all photographs and/or diagrams of any person, place or thing which is directly
or indirectly related to the incident set forth in the Plaintiff's Complaint.
4. Any and all other writings, memoranda, data and/or tangible things which relate directly
or indirectly to the incident set forth in the Plaintiffs Complaint except those things restricted by the
Pennsylvania Rules of Civil Procedure, 1/
DEVLIN &'ASSOCIATES, P.C,
BY: '
Dated: March 18,2003
DATE: April 18, 2003
TIME: 10:00 a,m.
1\. ,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
By: John Gerard Devlin, Esquire
I. D, No: 32858
100 Pine Street, Suite 260
Harrisburg, P A 17101
717-720-0700
Our File No.068-19373-JGD/h
JUDITH A, JONES
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v,
ST. PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE
JURY TRlAL DEMANDED
NO. 02-6097 - civil
INTERROGATORIES ADDRESSED TO PLAINTIFF, JUDITH JONES
Pursuant to Rule 4005 of the Pennsylvania Rules of Civil Procedure, defendant in this action,
serve(s) the within Interrogatories on Plaintiff and makes demand on Plaintiff to answer same under
oath within thirty (30) days from service hereof,
These Interrogatories are continuing to the extent required by Rule 4007.4 of the
Pennsylvania Rules of Civil Procedure, and, accordingly, any information obtained subsequent to the
filing of your Answers, which, pursuant to said RuIe, would require you to supplement your
response, is to be supplied by Supplemental Answers,
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Where the term" accident" is used in these Interrogatories, it shall refer to the incident
described in Plaintiffs Complaint. Whenever the word "you" appears, it shall be construed to mean
not only the party or parties in his or her own right, but also his, her or its own agents, servants,
workmen, employees or attorneys, For the purpose of these Interrogatories, the use of the masculine,
feminine or neuter pronoun shall not exclude any of the other genders,
11
Pursuant to Rule 4005 of the Pennsylvania RuIes of Civil Procedure, the following
Interrogatories are to be answered fully and completely unless objected to, in which event the reasons
for the objection shall be stated in lieu of an Answer. The Answers shall be signed by the person
making them, The statement of an objection shall not excuse the answering party from answering
any or all of the remaining Interrogatories to which no objection is made, The answering party shall
file and serve a copy of the Answers and/or objections, if any, within thirty (30) days after the service
hereof of these Interrogatories,
Where the Answer to an Interrogatory may be derived or ascertained from the records of the
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party upon whom the Interrogatories have been served or from an examination, audit or inspection of
that party's record or from a compilation, abstract, or summmybasedthereon, and the burden of
deriving or ascertaining the Answer would be substantially the same for the party serving the
Interrogatory as for the party served, a sufficient Answer to such an Interrogatory shall be to specify
the records from which the Answer may be derived or ascertained and to afford the party serving the
Interrogatories a reasonable opportunity to examine, audit or inspect those records, and to make
copies, compilations, abstracts or summaries, provided that a copy of any compilations, abstracts or
summaries so made shall forthwith be furnished to the party producing the records.
BY:
J7SS0CIATES, P,C,
John Gerard Devlin, Esquire
Dated: March 18, 2003
SLIP AND FALL
INTERROGATORIES
1. Identify yourself, giving your full name, age, address, sodal security number, occupation,
business address, and any other names by which you have ever been known, If you are married,
also give the name of your spouse,
1 a, If you have ever been married, please state:
(a) The name of each spouse;
(b) The date and place of each marriage;
(c) The date of termination of each marriage;
(d) The names, addresses and ages of any children born of each marriage;
(e) The names and addresses of any Courts in which any marriage was
terminated;
(f) The last known address of any former spouse still living,
1 b. Prior to the alleged accident, had you resided at any address other than the one
stated above? If so, state for each other residence:
(a) The complete address:
(b) The dates of residence;
(c) The residence at the time of the alleged accident in
question,
2, Describe any ailment, injury, ache, pain, or other form of discomfort (mental, physical, or
emotional), which you claim to have suffered as a result of the alleged accident/incident. In
reference to each specify:
(a) The part or parts of your body affected;
(b) The nature of the injury;
(c) The severity of the injury;
(d) The duration of the injury;
( e) Whether the injury is alleged to be permanent in the nature.
3, List the name and address of each doctor, hospital, technician, clinic, or institution which
was treated you for the injury. For each one specify:
(a) The nature and extent of the examination, treatment, or care;
(b) The inclusive dates of your treatment, care, or confinement;
(c) The amount of charges incurred by you, or by any other person or firm on
your account.
4, Attach a photocopy of each report and/or bill identified in Answer to Interrogatory No, 3,
if not already supplied in response to Interrogatory No, 3,
5, Have any x-rays been taken of you subsequent to the alleged accident? If so, state:
(a) The name, address and job title or capaciity of each person taking the x-
rays;
(b) The name, address and job title or capacity of each person requesting that
the x-rays be taken,
6, Attach photocopies of all x-ray reports if not already produced in response to
Interrogatory No.5,
7, Do you have a family physician? If so, what is his/her name and address,
8, To the best of your knowledge or that of your attorney, has any doctor advised you or
your attorney as to the diagnosis and/or prognosis of any of your injuries? If so, state:
(a) The diagnosis and/or prognosis made of each injury;
(b) The name and address of the doctor making the diagnosis and/or
prognosis,
9, If you are claiming disability as a result of the injury, describe:
(a) Whether the disability is total or partial;
(b) The nature of the disability;
(c) What activities, if any, you are precluded from performing;
(d) Whether you have been judged disabled by any govemmental
agency;
(e) Whether you have ever been determined to be partially or totally disabled
by any physician, doctor, practitioner, or hospital;
(f) Whether you are claiming any loss of earning capacity as a result of the
disability, and, if so, what percentage loss of earning capacity you claim,
10. Give an itemized account of all losses, expenses, or other costs (e,g" hospital and
doctor bills, medical appliance costs, home, health care expense:s, and loss of earning capacity
claims), which you allege were incurred by you as a result of the accident/incident.
11. If you are claiming loss or earning capacity, specify:
(a) The dates or periods of time you were unable to work as a result ofthe
accident;
(b) The total amount of earnings you were making for a three year period prior
to the accident;
( c) The total amount of earnings you were making for a three year period
subsequent to the accident;
(d) The nature of your employment immediately prior to the accident,
including your job title, duties, and tenure;
(e) The name and address of your employer at the time of the accident;
(f) Your average earnings on a weekly, monthly, or annual basis from that
employer.
12, Are you collecting any monies from any insurance carrier, workers compensation carrier,
or other agency as a result of the disability?
13, If your answer to the preceding interrogatory is in the affirmative, list:
(a) The name of the party making payment;
(b) The amount of payment;
(c) The duration of payment;
(d) Any limitations on payment.
14, Are you engaged in any form of gainful employment at the present time? If so, describe
the nature of the employment, the exact amount of compensation, the job duties, the hours
worked, and the name and address of the employer,
15. During the five year period prior to, or any time subsequent to the date of the accident,
did you sustain and injury, illness, or other form of disability other than that alleged to have
occurred as a result of this accident? If so give:
(a) A description of each injury, illness, or disability;
(b) The nature of the injury, illness or disability;
(c) Where, when, and how the injury, illness, or disability was sustained;
(d) The duration of the injury, illness, or disability, listing exact dates if
possible;
(e) The name and address of any doctor, hospital, technician, or clinic which
treated you for the injury, illness, or disability;
(f) The party whom you claim was responsible for the injury, illness, or
disability,
16, Do you claim any aggravation of a pre-existing condition as a result of the alleged
accident? If so, state:
(a) The nature of the pre-existing condition;
(b) How long it had existed prior to the alleged accident;
(c) The names and addresses of all persons and institutions treating you for
the pre-existing condition prior to the time of the alleged accident.
17, Since the date of the alleged accident, have you ever worn any brace, support, or other
form of orthopedic device? If so, state:
(a) The nature ofthe appliance;
(b) The part or parts of your body which you are wearing or wore the
appliance;
(c) The period oftime you wore or will wear the appliance.
18, Prior to the alleged accident, have you ever been rejected or exempted from military
service and/or been injured during any period of military service? If so, state the dates and
causes for the rejection, exemption or injury.
19, In reference to the alleged accident, do you contend that you were legally on the
premises?
20. If your answer to the preceding interrogatory is in the affirmative, do you contend you
were:
(a) An invitee;
(b) A social guest;
(c) A business guest;
(d) Other.
21, Have you ever been on the premises before? If so, describe:
(a) When you had been on the premises;
(b) For what purpose you were on the premises;
(c) Your status (invitee, social guest, business guest, other) when you were on
the premises;
(d) Whether at any time any warnings were given to you concerning the
premises;
(e) By whom the warnings were given;
(f) The duration of your stay on the premist:s;
(g) Your familiarity with the premises as a result of the prior visits,
22, Do you contend that your injury was in any way caused by any defect, defective
condition, foreign substance, foreign material, or other objects on any (stair, stairway, ramp, step,
or stairwell) on the premises?
23, If your answer to the preceding interrogatory is in the affirmative, specify:
(a) All details as to how, or in what manner, the premises were in a defective
condition or were maintained in a defective condition;
(b) All details as to how or in what manner the premises contained a foreign
substance, foreign material, or other object;
(c) The location of each place which contained any defect, defective
condition, foreign substance, foreign material, or other object;
(d) A complete description of any defect, defective condition, foreign
substance, foreign material, or foreign object;
(e) The part or parts of your body which came into contact with the defect,
defective condition, foreign substance, foreign material, or other object,
24, Describe in as much detail as possible, in chronologica'l sequence, everything that
happened to you:
(a) From the time you arrived at the premis'~s up to and including the time of
the alleged occurrence;
(b) From the time of the alleged occurrence until you were treated for your
injuries,
25, Were you carrying or holding any objects at the time of the accident/incident? If so,
describe in as much detail as possible the kind of object it was, its weight and color, and how you
were holding it.
26, Did you make use of any railing or handrail either as you were approaching or were on
the premises? If so, explain exactly how you used the railing or handrail.
27, Do you allege that there were any defects or problems with the handrail or railing? If so,
give as much detail as possible about the alleged defect or defective condition of the railing or
handrail.
28, Describe in as much detail as possible the kind of shoes you were wearing at the time of
the alleged accident/incident. Be precise as to the type, size, style (slip-on or tie), type of heel,
and type of sole.
29, Did you have any knowledge of the existence of the deff:ct, defective condition, foreign
substance, foreign material, or other object prior to the alleged accident/incident? If so, describe
how you acquired the knowledge, how long a period oftime YOlJ had the knowledge, and what, if
anything, you did as a result ofthat knowledge.
30, State the name, last known address, name of employer and present whereabouts, if
known, of each person whom you or anyone acting on your behalf knows or believes to have
been a witness to the incident on which this suit is based,
31, State the name, last known address, name of employer and present whereabouts, if
known, of each person whom you or anyone acting on your behalf knows or believes to have any
knowledge of the conditions at the scene of the incident existing prior to same, at, or immediately
after its occurrence and/or any facts relating to this lawsuit.
32, Do you contend that the defendant, or his agents or employees, were in control of the
premises?
33, Do you contend that the defendant, or his agents or employees, knew or should have
known of the alleged defect, defective condition, foreign substance, foreign material, or other
object prior to the alleged accident? If so, in as much detail as possible, specify every fact upon
which you base that contention,
34, Were there any obstructions to your view as you approached the scene of the
accident/incident?
35, Were there any obstructions to your view as you descended the (stair, step, stairway,
stairwell, or ramp)?
36, Were you in any way distracted as you approached the scene of the alleged
accident/incident?
37, Were you in any way distracted while you were on the stair, step, stairway, ramp, or
stairwell?
38, Describe in as much detail as possible the lighting conditions at the time and place of the
accident/incident. Include in your answer the amount of light, the nature of the light, the
source of the light, any change in lighting, and the reason for such change,
39, Did you in any way feel that the lighting was inadequat(:? If so, explain in detail?
40, Did you see anyone on the premises at the time of the alleged accident/incident? If so,
list:
(a) The name and address of the person;
(b) Any relationship to you;
41. Describe in as much detail as possible the nature and substance of all conversations,
communications, or statements made by you to any person on the premises,
42, Have any persons (including yourself and all parties to this lawsuit) made any statements,
written or otherwise, while being interviewed or questioned by you or on your behalf, or on
behalf of any other parties? (For purposes of these interrogatories, a "statement" is that which is
described in the Pennsylvania Rule of Civil Procedure 4003.3), If so, for each statement,
indicate:
(a) The name, address, occupation, and relationship to you, if any, ofthe
make;
(b) Date of making;
(c) Place of making;
(d) Whether said "statement" is signed or unsigned;
( e) The names and addresses of all persons present at the making of the
signing;
(f) The name and address of the person having present custody and control
thereof.
43, Attach a photocopy of all statements made by any parties to this lawsuit, including
yourself, witnesses, and/or other persons, in your possession or in the possession of your attorney
or representatives.
44, List each and every fact upon which you base your contention that the defendant was
negligent in his care and control of the premises,
45, List each and every fact upon which you base your contlmtion that the defendant owed
you a special duty of care while you were on the premises,
46, Were any investigations, examinations, inspections, tests, experiments, reports and/or
studies made, prepared, or submitted by you or on your behalf in the regular course of business
or in preparation for litigation arising out of this accident. (These Interrogatories may be
answered without revealing the mental impressions, conclusions, opinions, memoranda, notes of
summaries, legal research or legal theories of your attorney or those of your representatives
ONLY in regard to the value, merit, strategy or tactics of this lawsuit). If so, for each of the
above, explain in detail.
47, Identify each person that you expect to call as an expert witness at the trial in this matter
and with regard to each person state the following:
(a) The subject matter upon which the exp~:rt is expected to testify;
(b) The substance of facts and opinions to which the expert is expected to
testify and a summary of the grounds for each such opinion;
(c) The qualifications upon which each sm:h person intends to relate in order
to qualify as an expert at trial,
48, In addition to those persons identified in Interrogatory No, 43 above, identify all other
persons who were retained and/or consulted and/or employed by you in anticipation of this
litigation or in preparation for trial, and in this regard state the following:
(a) The area of expertise of each such person;
(b) The date or dates each such person was contacted,
49, Report whether you have been convicted of any crime, either a felony or a misdemeanor,
within the past five years, If the answer is in the affirmative, specify:
(a) The nature of the crime;
(b) The sentence received;
(c) The sentencing court,
50, Attach copies of any and all photographs taken by you or on your behalf to this lawsuit.
JOHN GERARD DEVLIN & ASSOCIATES, P,C,
BY:
John Gerard Devlin, Esquire
EXHIBIT B
June 2, 2003
RE: Jones, Judith v. St. Paul Evangelical Lutheran Church of Carlisle
Our File No.: 068-19374-JGDIh
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Dear Mr. Rominger:
I have not yet received your responses to the discovery mquests in the above-captioned matter,
Please contact me within the next ten (10) days if you need additional time so that I need not file the
appropriate motion,
Thank you very much for your kind consideration.
Sincerely,
DEVLIN ASSOCIATES,P.C,
BY:
Howard D, Kauffinan, Esquire
HDK/Ik
cc: Ms. Sharolyn Heffron, RN, CPCU
'.
July 1, 2003
HE: Jones, Judith v. St. Paul Evangelical Lutheran Church of Carlisle
Our File No.: 068-19374-JGDIh
Claim No.: 294710
Michael Whare, Esquire
155 South Hanover Street
Carlisle, PA 17013
Dear Mr, Whare:
I have not yet received responses to discovery requests in the above-captioned matter. I had
spoken to you on June 16, 2003 and you indicated that they would be completed shortly, Please contact
me within ten (10) days from the date of this letter so that I need not file the appropriate motion,
Thank you very much for your kind consideration,
Sincerely,
DEVLIN ASSOCIATES, :P,C,
BY:
Howard D. Kauffinan, Esquire
HDK/lk
cc: Ms, Sharolyn Heffron, RN, CPCU
. .
DEVLIN ASSOCIATES, P.c.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
J.D. #32858
Howard D. Kauffman, Esquire
J.D, #38963
Our File No,: 068-19374-JGDIh
mDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST, PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: mRY TRIAL DEMANDED
v,
JAMES NEIDIGH t/d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
\ \il CERTIFICATE OF SERVICE
AND NOW. this ~ day of ~ ' 2003, I, Howard D. Kauffinan, Esquire
of the Law Offices of John Gerard Devlin & Associates, p, C., counsel for Defendant, St, Paul's
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Defendant's Motion to
Compel by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania
addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
DEVLIN ASSOCIATES, P.c.
HO~UlRE
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JUDITH A, JONES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
02-6097 CIVIL
CIVIL ACTION - LAW
ST, PAUL'S EVANGELICAL
LUTHERAN CHURCH OF
CARLISLE,
Defendant
vs,
JAMES NEIDIGH t/dlb/a TIM
NEIDIGH CONCRETE and
BACKHOE SERVICES,
Additional Defendant
JURY TRIAL DEMANDED
IN RE: DEFENDANT'S MOTION TO COMPEL
ORDER
AND NOW, this II? . day of July, 2003, a rule is issued on the plaintiffto show
cause why the relief requested in the within motion ought not to be granted, This rule returnable
twenty (20) days after service.
BY THE COURT,
~~
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fr~; :! r (.r'J S'r rlj'"'
I\c'i\/i.'c_ .:JO
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DEVLIN ASSOCIATES. P.c.
100 Pine Street, Suite 260
Harrisburg, P A 1710 I
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
W, #32858
Howard D. Kauffinan, Esquire
I,D, #38963
Our File No,: 068-19374-JGD/h
mDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v,
: NO, 02-6097-Civil
ST, PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v,
JAMES NEIDIGH tJd/b/a TIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
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 the Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you, You are warned that if you fuil to do so
the case may proceed without you and a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 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,
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
NOTICIA
Le ban demandado a usted en Ia corte, Si usted quiere defenderse de estas demandas expuestas
en !as paginas siguientes, usted tiene viente (20) dias de plazo al partir de Ia fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en Ia
corte en fonna escrita sus defensas 0 sus objeciones a las demandas en contra de su persona, Sea
avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en Ia peticion de demanda,
Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA
ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL,
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
Respectfully submitted,
DEVLIN ASSOCIATES, P. C,
BY~
Howard , uffinan, Esquire
DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD, #32858
Howard D, Kauffinan, Esquire
J.D, #38963
Our File No,: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v,
: NO, 02-6097-Civil
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v.
JAMES NEIDIGH tJdIb/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
COMPLAINT OF DEFENDANT. ST. PAUL'S EVANGELICAL
LUTHERAN CHURCH OF CARLISLE AGAINST
ADDITIONAL DEFENDANT. JAMES NEIDIGH T/D/B/A
JIM NEIDIGH CONCRETE AND BACKHOE SERVICES
I, Plaintiff filed a complaint against defendant, a copy of which is attached hereto as
Exhibit A.
2, Defendant filed an answer with new matter, a copy of which is attached hereto as Exhibit
B.
3, Defendant filed a praecipe to issue writ of summons against additional defendant, a copy
of which is attached hereto as Exhibit C,
4, As set forth in her complaint, plaintiff seeks damages as a result of a fall on a concrete
sidewalk owned by defendant.
5, Plaintiff, in her complaint, alleges that the sidewalk was not properly constructed, poured
and/or repaired,
VERIFICATION
I, Richard A. Ruff, verifies that the fucts set forth in the foregoing Complaint of Defendant St.
Paul's Evangelical Church of Carlisle against Additional Defendant James Neidigh t/dfb/a Jim
Neidigh Concrete and Backhoe Services are true and correct to the best ofhislher knowledge,
information and belief and understands that statements made herein are subject to the penalties of 18 Pa,
C.S.A. Section 4904 relating to Unsworn Falsification to Authorities.
~~~
Ric A. Ruff
Jones v, Sl. Paul's Evangelical Lutheran Church
EXHIBIT A
DEC 31 2002 12:24 FR JOHN G DEVLIN RSSOC 7172369[180 TO 12155646732 P,03/07
...."",....:..'ol,........" ...............~.~ &Il........_.. __.__ _
12130/Z0Q~ .UN ~ti:14 ~~ 163 5~17
_,~~4~~ ~!i: 33 , 7172433897
JAJU::S u 1IU".I:O( J:.NSU~""'G ....~..... .NHU'.1ll1:::1tI:IOO.D CLA..1 1ZI UO;1
STP<ll.LS
P"\GE 82
155 Soulllllcmo.-or Street
Caru_, I'III1NVIYCmla 17013
r!Jl~ ~Ui' ~
"7.a41.IIG7D . ICO.,I<I.__ ~ ....&: '17,Ut.6l71
WIiINJ...~, _.t oum. I . "" .........CCI'!'I
1 North Main SIr.et
Chambotltlwg. I'fh".,I...nla 17201
JUDITH A. JOms.
plaintiff
: IN lliE COURT Of COMMON PLEAS Of
: ctJMBER.LANn COUNTY, PENNSYLVANIA
'liS,
: CIVIL AC'nON - LAW ~
:NO, ~-(..~? (J,"vi.L I~
ST. PAULS EVANGELICAL
LUTImRAN CHURCH 01' CAJU.ISLE.
, De&lldaat
: JTJR.V 11UAl.. DEMANDED
NOTIr~
YOU HAVE BEEN SUED IN COURT. If you ~ to defend against tile claims set furtb
in tlI.c foUowiag ComplliiDt. you mlllt take IIClioIl wilbia tweaty (20) days alter this
Complaint lIDlI Ncmc. are serwd. by ~ a written BppeBnIIce perso~ or by
~omey I#d Ong III VIritiq wtlh 1IIe COurt your defenses or ObjectiollS to the claims set
furth aeIlast you. You _ vi1ImDd that if you :liW to do so, the CIIlle may proceed without
)IOu a!ld . i\lllv-t may he..end opWt you b)t the COUlt wh1lout mrth.:r notice for
any mom=)' claimed in tbl: CO.mplBint or filr any other cIalm or relldrequested by the:
plaintiff. You lIE)' lox money or property or other ri&hts important to you.
VOU SHOULD TAKE THIS PAPER TO YOUJl. LAWYER AT ONCE. If YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
'!HE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
C\llZlbctIand Coumy Bar Auociatiol\
2 Li"omy AYCIlue
CarIisJe. P A 17013
Pholl8' (717) 2-49-3166
rHue COpy FROM RECOf"')
In 'f~l8lI'fwl\llnlllf. r llerouma SIJl mr I'
~ne.~~~. Ps
~ ~:: :"Z~f;; ~~-
""'--
12-39-11:2
IS'1l6
RECEIYED FROH'71724~3R97
P.Q2
12/30/2002 03:35PM
DEC 31 2002 12:24 FR JOHN G DEVLIN RSSOC 717 236 9080 TO 12155646732
P.04/07
12/30/2002 KON 18:14 FAX 783 Do17
12/24/2602 65:33 71!2433897
_...__.,.,__" -'__'h""
JAlIIlS 0 BOn... INStJRM~~ '...'. NROTIlERBOOD CUI IilI 004
STPAlLS PAGE 03
JUDITH A. JONES,
plaintlfl'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
\IS.
: CIVIL ACTION. LA. W
: NO.
ST. PAULS EVANGELICAL
LunmRAN CHURCH OP CAJUJSLE,
Dd:ndant
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW. coroe.~ PlalmiI:f; Judi1h A.l~. by be: attDnle)', "-I E. ROminger, Esquire,
and if, 1lUJlPOl1 Qfbcf Complalat aw:s IS follows:
1. PIaiDtiff. Iv4ilh A. JOIle!, is III 8dult iDdMdual wIlD raldm at 1004 HoUy Pike,
Carlisle, PA 170]3.
2. Der.:w.ul. 91. Pauls EVlIIlgclio;a\ Lutl=m Church, is located at 201 West Louther
Str.;,;t, CIU'IiaIc,I'A 17013.
3, On or oboU! JIZlIIIrY 2. 2001, plaillliff'wu a visitor at tbe church lIIld as she was
walking 10 .wid. ~ patcllas Oft the sidewalk, she tri,pped, slipp.d, or filD due to a raised ponieD
on the aid.walk that wu recently NpairecI,
. 4. o.rr-.t.... see up co_to WlU'll..wtot'S of an ic:e petch or other bazard(s) all the
sidewalk lIIld bod t.......1I to know that vlsiton -ulcIll3C the TC1:CIItIy rcpaira:l portion of the
sidewalk to allin emzm:e to the clwn:h.
5, As a result of tile &Il, the pIalDti1f'su&rcd injuries whichlUUlted ill the DeCeSSlty of
medical treatment,
12-3&-82
15;96
RECEIVED FROH:T172433897
12/3012002 --03: 35PM
. DEC 31 2002 12:24 FR JOHN G DEVLIN ASSOC 717 236 9080 TO 12155646732
..lG.'~~/c..""''''',," .........-..r...,....~ ......__... .
P.05/07
12/30/2002 MON 16:15 FAX 763 5517
12/24/2~e2 05:33 7172433~97
..._,.,_.~._-,._-" .,
JAllES 0 BOWER INSU!UN..Ji ~H NROTIIElUIOOD CLAI fill 005
STP/lU..S PAGE 64
Ii. Said lDjurles, wIlic:b...... arasull ollb: liIII, ce.uscd plailltiff'sevac pbyoiAJ mjur:ies U1d
ms:nto.1 lUIguiab iJj.;ludmg but ""t limited to pailllllld ....&r!llg, physicsl tra\lDla, modica1 ~S
am! emotioaal clistoas.
COIlNTI
NEGLIGENCE
7. PreWlllS ~apIII inaJtpOI1IIed by refcn:na:.
8. Defendant had a dill)' to pJaimitrto t.p 1M .ideWlllk in .. n:uonably saJio <:OlJditioD.
9, Delimdam bnoaobcd its dUly iD. that:
(Il) deWaDt &lied to give odcquatc wmdDg of1hD daQgorous co.ll.ditioJ:l,poscd by
the elevated portion of~ ~
(\I) deimdll1lt &iL::d to make the sidewalk evl!ll while pourina IICW caDCl'etc'to
repair the sidewalk.
(e) defi:adam Diled to give lIdoquete IiglaiDa to allow Wilon an opportunity to
!ICe the daJlaeroll8 colldilion posed by the eJevated portiotl oCthe sidewalk.
(d) ~ jo1tl1l>..-I sucb.ot!ler __ Dr min:iotls as may be revealed in the
c;oune oC diacov~ 01' trial io thia .......
10. PlllintiffS1l5taiocd io,jurla wlUo:h",suIted ill .......l/,o,,1 c;osts, ph~ mellla! cd
emorionaJ l'liuries, iD<:1ud.iDa pam, oWlimng, DaVD..-sa and the like.
11, OereMlII1l'$ -ctians axe flit di=:t IUld proximate cause of plaintiff's it\juric:s.
12-3&-92
150:87
~e21YED FROM:7172433S97
12/30/2002-'03:35PH
u'w~,~_~e:.C i31.~~~~.12:25 FR JOHN_G..!?~,!LIN ASSOC 71723690130 TO 12155646732
P.06/07
12/30/2002 ION le:1~ FAX 7ea 3017
1~i24f2802 a~:33
,-.......--.......'.-..
7172433~'7
JAIIlS 0 BOIlhA INS~\.w +H NIl0THERIIOO]) CLAI ~008
STPFU..S PAo3E ~5
WJiER,SFORB, plaiatiff'respectfUDy requests that lhi~ Hnnorable Coun _ IIl\ award ill
ha avor .. _ .m..\lIlt iD _ ofw sratutory limils for COlllPnlsary mbltratio", iD<:Nd.iIlg costs
of this auil--' atlomey'a fees.
RMpectf\I1Iy sullmitted,
~~----
'Karl E. Ro.c:r. &quire
155 Solllh Hanowr Slreet
Cvlislo. PA 11013
(717) 241-6010
SupmDe Court II> * 81924
Am1M)' for l'WnliIf
-....,
12-38-&2
lS 11517
RECEIVED FRON;7172433997
Pol'S
12/30/2002 03:35PM
, DEC 31 2002 12: 25 FR JOHN G DEVLI N RSSOC 717 236 90El0 TO 12155646732
--.--.---- --.-----
P,07/07
12/3UI2002 BUN 16:1. y~ 763 .317
~AI.IlS U SUWIlK INSUlW'l"l! +... NKLTl'lIl::Il1IUUl.I CLAl IiJ 007
12/24/2662 85:33
7172433897
:i1f'Al.LS
PA<>E eo
VER11PIC" "''nON
] \Il!rify that ] am the pelitioDer alld th8t 1M S111_ts made i/llhe foregoing PetitiDn are
true md COm:cl. 1 \Il:ldcmazld thaI fBIse statemmts heRin 8ZIl made subject to the pODllltics of 18
'a, C,S. 14904, relatlngto \lnSWOl'Illll1siflcalion to luUlorities.
Dato:: n:;- ?:J-<'''Z.
~~_/ ~
id1 ~ Janl:S '
12"39-82
15:97
RE~~'Vv.n ~RnM:7J?2433Q97
12/30/2002 03:35PM
EXHIBIT B
To Parties:
You are' hereby notified to plead to the
enclosed New Matter within twenty (20)
days om th service hereof or a default
jud ent be entered a inst you,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
By: John Gerard Devlin, Esquire
1. D. No: 32858
100 Pine Street, Suite 260
Harrisburg, PA 17101
717-720-0700
Our File No.068-19373-JGD/h
(-.')
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JUDITH A. JONES
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
ST, PAULS EVANGELICAL
LUTHERAN CHURCH OF CARLISLE
JURY TRlAL DEMANDED
NO, 02-6097 - CIVIL
ANSWER AND NEW MATTER OF DEFENDANT,
ST. PAULS EVANGELICAL LUTHERAN CHURCH OF CARLISLE
Defendant, St. Paul's Evangelical Lutheran Church of Carlisle, by way of answer to the
Complaint avers as follows:
1. Denied, After reasonable investigation, answering defendant is without sufficient
knowledge or information with which to form a belief as to the truth of the allegations contained in
this paragraph. Strict proof of same is demanded at time of trial.
2,
Admitted.
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3, Denied, After reasonable investigation, answering defendant is without sufficient
knowledge or information with which to form a belief as to the truth of the allegations contained in
this paragraph. Strict proof of same is demanded at time of trial.
4, Admitted, It is admitted that the defendant set up cones to warn visitors of an ice
patch or other hazards on the sidewalk, It is specifically denied that the defendant knew or should
have known that the plaintiff would use the recently repaired portion of the sidewalk to gain entrance
to the church, In this regard, defendant believes and therefore avers that the plaintiff was a member
of a group known as TOP # P A 698. The group had rented "Stock Hall" from the St. Paul's
Evangelical Lutheran Church for meetings to occur on Monday evenings from 5:30 p,m, to 7:30 p,m,
The plaintiff reportedly was attending such a meeting on Tuesday, January 2, 2001, which was not
authorized, and which was not a date for which the church had contracted for use of the building by
TOP. Strict proof of same is demanded at time of trial.
5, Denied, All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied. By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff, Strict proof of
same is demanded at time of trial.
6. Denied, All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied, By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of
same is demanded at time of trial,
WHEREFORE, answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
demands that judgment be entered in its favor,
COUNT I
7, Answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
incorporates by reference its response to the allegations contained in paragraphs 1-6 of the Complaint
as if same were fully set forth herein at length.
8. Denied, The allegations contained in this paragraph contain disputable issues and/or
conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil
Procedure, Strict proof of same is demanded at time of trial.
9, Denied. All allegations regarding negligence or carelessness on the part of answering
defendant, St. Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied.
Strict proof of same is demanded at time of trial,
10, Denied, All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of.Carlisle, are deemed to be specifically denied, By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of
same is demanded at time oftrial.
I I, Denied. All allegations regarding negligence on the part of answering defendant, St.
Paul's Evangelical Lutheran Church of Carlisle, are deemed to be specifically denied, By way of
further answer, it is specifically denied that any actions or omissions on the part of answering
defendant were the legal or proximate cause of any injuries sustained by the plaintiff, Strict proof of
same is demanded at time of trial.
WHEREFORE, answering defendant, St. Paul's Evangelical Lutheran Church of Carlisle,
demands that judgment be entered in its favor,
NEW MATTER
12, The claims of the plaintiff are barred and/or limited by the provisions of the
Pennsylvania Comparative Negligence Act, 42 Pa. C.S, Section 7102,
13. Ifthere be ajudicial determination that Pa. R.C.P, 238 is Constitutional, said
Constitutionality being expressly challenged as in violation of the Due Process and Equal Protection
Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S,C. Section 1983;
Article I, Sections I, 6, II, 26; and Article V, Section lO(c) of the Pennsylvania Constitution, then
liability for any interest imposed by the Rule should be suspended during the period of time that
plaintiff:
a) fails to convey to the defendant a settlement demand figure;
b) delays in responding to Interrogatories;
c) delays in responding to Request to Produce;
d) delays in producing plaintiff for a deposition;
e) delays in producing plaintiff for a physical examination;
f) delays in any other discovery request made by the defendant, and, as a result of any delay,
the plaintiff should be estopped from obtaining interest because of any violation of the Discovery
Rules,
14, Any damages or injuries which may have been sustained by the plaintiff were the
result of an unavoidable accident insofar as the answering defendant is concerned.
15, Any irUuries or damages allegedly sustained by plaintiff were caused through the sole
negligence of the plaintiff,
16, There was no willfulness involved in any of the events involving the factual basis
upon which this suit has been instituted,
17, The claims of the plaintiff are barred and/or limited by reason of the statute of
limitations, inasmuch as suit was not instituted and service of process was not made within the
applicable limitations period,
18, Negligence, if any, on the part of the answering defendant, was not the proximate
cause of any damages or injuries which may have been sustained by the plaintiff,
19, The Complaint fails to state a claim upon which relief can be granted as against the
answering defendant.
20, The answering defendant was free of any and all negligence,
21. Any damages or injuries which may have been sustained by the plaintiff were caused
through the sole negligence of a third party or parties over whom the answering defendant exercised
no control.
WHEREFORE, answering defendant, St, Paul's Evangelical Lutheran Church of Carlisle,
demands that judgment be entered in its Javor,
Respectfully submitted,
i
BY: '
1?EVLIN & A~SbCIATES, P.C,
I
/,'
/
6vlin, Esquire
v
VERIFICATION
I, John Gerard Devlin, Esquire, being duly sworn according to law, hereby deposes and says
that he is the attorney for defendant, St. Paul's Evangelical Lutheran Church of Carlisle, in the above-
captioned matter, that insufficient time exists to secure signature of defendant to an affidavit, and
that the facts contained in the attached Answer and New Matter are true and correct to the best of my
knowledge, information and belief.
/{; /\ //
CERTIFICATION OF SERVICE
I, John Gerard Devlin, Esquire, counsel for defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, hereby certifies that on March 18, 2003 he mailed by First Class Mail, postage
prepaid a true and correct copy of Answer and New Matter to all interested parties as listed below:
JOHN G RARD DEVLIN & A~CIATES, P,C,
//
hn Gerard Devlin, Esquire
ounsel for Defendant
St. Paul's Evangelical Lutheran Church of
Carlisle
BY:
Dated: March 18, 2003
EXHIBIT C
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DEVLIN & ASSOCIATES,
100 Pine Street, Suite 260
Harrisburg, P A 171 0 1
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
1.0, #32858
Howard D. Kauflinan, Esquire
1.0. #38963
Our File No,: 068-19374-JGDIh
JUDITH A. JONES,
Plaintiff
v.
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
v.
JAMES NEIDIGH t/d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: NO, 02-6097-Civil
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
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PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summons against Additional Defendant James Neidigh t/d//b/a Jim
Neidigh Concrete and Backhoe Services, 616 Bloserville Road, Newville, Pennsylvania 17241.
Respectfully submitted,
DEVLIN ASSOCIATES, p, C,
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DEVLIN & ASSOCIATES.
100 Pine Street, Suite 260
Harrisburg, P A 17l 0 I
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD. #32858
Howard 0, Kauffinan, Esquire
LD. #38963
Our File No,: 068-19374-JGOIh
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO, 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW C)
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; JURY TRIAL DEMANDED'T{;
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JAMES NEIDIGH tJd/b/a JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
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CERTIFICATE OF SERVICE
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AND NOW, this ~ day of -.JUJ'\JL. ,2003, I, Howard D. Kauffinan, Esquire
of the Law Offices of John Gerard Devlin & Associates, P. C" counsel for Defendant, St. Pauls
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Praecipe to Issue Writ of
Summons against Additional Defendant, James Neidigh t/dlb/a Jim Neidigh Concrete and
Backhoe Services by depositing same in the United States Mail, postage prepaid in Harrisburg,
PeIUlSylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
DEVLIN ASSOCIATES, P,C,
DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
J.D. #32858
Howard D. Kauffinan. Esquire
J.D, #38963
Our File No,: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v,
: NO, 02-6097-Civil
ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v.
JAMES NEIDIGH tJdIb/a JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
CERTIFICATE OF SERVICE
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AND NOW, this L day of -...J~ ' 2003, I, Howard D, Kauffinan, Esquire
of the Law Offices of John Gerard Devlin & Assocllltes, P. C" counsel for Defendant, S1. Paul's
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Complaint of Defendant,
St. Paul's Evangelical Church of Carlisle against Additional Defendant James Neidigh t/dIb/a Jim
Neidigh Concrete and Backhoe Services by depositing same in the United States Mail, postage
prepaid in Harrisburg, Pennsylvania addressed to:
Karl E, Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
DEVLIN ASSOCIATES, P,C.
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JUDITH A. JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, NO, 02-6097-CIVIL
ST, PAULS EVANGELICAL CIVIL ACTION _ LAW
LUTHERAN CHURCH OF CARLISLE,:
Defendant JURY TRIAL DEMANDED
v,
JAMES NEIDIGH, tJd/b/a JIM
NEIDIGH CONCRETE and
BACKHOE SERVICES,
Additional Defendant
TO: Prothonotary
PRAECIPE FOR APPEARANCE
Please enter the appearance of Richard H, Wix, Esquire, of the firm of Wix, Wenger
& Weidner, on behalf of Additional Defendant James Neidigh, tJd/b/a Jim Neidigh Concrete
and Backhoe SeNices,
WIX, WENGER & WEIDNER
By 'EA ck.,l W, LJ.-i<'
Richard H, Wix, Esq" 1.0, #07274
Attorneys for Additional Defendant
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: August 25, 2003
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
1.0, #32858
Howard D, Kauffinan, Esquire
1.0, #38963
Our File No,: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: NO. 02-6097-Civil
v,
ST, PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v,
JAMES NEIDIGH tld/bla TIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
CERTIFICATE OF SERVICE
f'\.
AND NOW, tms;<g day of ~ if'\ J- ,2003, I, Howard D, Kauflinan, Esquire
of the Law Offices of Devlin Associates, p, C., counsel for Defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, affirm that I served the foregoing Request for Production of Documents
addressed to Additional Defendant, James Neidigh, et aL by depositing same in the United States
Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Counsel for Plaintiff
.
Richard Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109-3099
Counsel for Additional Defendant
Neidigh Brothers
DEVLIN ASSOCIATES, P,C,
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD, #32858
Howard 0, Kauffinan, Esquire
I,D, #38963
Our File No,: 068-19374-JGD/h
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST, PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v,
JAMES NEIDIGH t/d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
CERTIFICATE OF SERVICE
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AND NOW, this !If.. day of ~ U5 +-
" 2003, I, Howard D, Kauffman, Esquire
of the Law Offices ofDevIin Associates. p, C., counsel for Defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, affirm that I served the foregoing First Set of Interrogatories addressed to
Additional Defendant, James Neidigh, et aL by depositing same in the United States Mail, postage
prepaid in Harrisburg. Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
Counsel for Plaintiff
Richard Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109-3099
Counsel for Additional Defendant
Neidigh Brothers
DEVLIN ASSOCIATES, P.C,
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JUDITH A. JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, NO, 02-6097-CIVIL
ST, PAULS EVANGELICAL CIVIL ACTION - LAW
LUTHERAN CHURCH OF CARLISLE,:
Defendant JURY TRIAL DEMANDED
v,
JAMES NEIDIGH, t/d/b/a JIM
NEIDIGH CONCRETE and
BACKHOE SERVICES,
Additional Defendant
NOTICE TO PLEAD
To: St. Pauls Evangelical Lutheran Church; and
Howard D, Kauffman, Esquire, Attomey for Defendant
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof or a default judgment may be entered against you,
Respectfully submitted,
WIX, WENGER & WEIDNER
Dated: 9/25/03
By ~~ If L>>
Richard H, Wix, Esq" ID# 07274
Attomeys for Additional Defendant
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
JUDITH A. JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, NO,02-6097-CIVIL
ST, PAULS EVANGELICAL CIVIL ACTION _ LAW
LUTHERAN CHURCH OF CARLISLE,:
Defendant JURY TRIAL DEMANDED
v,
JAMES NEIDIGH, Ud/b/a JIM
NEIDIGH CONCRETE and
BACKHOE SERVICES,
Additional Defendant
ANSWER WITH NEW MATTER OF JAMES NEIDIGH
TO THE COMPLAINT
OF ST. PAULS EVANGELICAL LUTHERAN
CHURCH OF CARLISLE
1, It is admitted that Plaintiff has a filed a Complaint against the Defendant.
2, Admitted,
3, Admitted,
4, Admitted,
5, Admitted that Plaintiff has made the allegation, Denied that the allegation is
true,
6, Admitted,
7, Additional Defendant admits that he performed some concrete work at
Defendant's property, however, Additional Defendant is without knowledge as to
whether or not the Plaintiff's injury occurred where the Additional Defendant performed
work, and proof thereof is demanded,
8, Denied,
9, Denied,
NEW MATTER
10, The Additional Defendant performed his work in a careful and workmanlike
manner, and the Defendant never advised the Additional Defendant there was any
problem with his work,
WHEREFORE, Additional Defendant demands judgment against the Defendant
and the costs of this action,
Respectfully submitted,
WIX, WENGER & WEIDNER
Dated: c:r I () S /03
By "Ri cAa..A. I-i Wx
Richard H, Wix, Esq" 10# 07274
Attorneys for Additional Defendant
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
2
VERIFICATION
I, James Neidigh, have read the foregoing Additional Defendant's Answer to
Defendant's Complaint which has been drafted by my counsel. The factual statements
and/or denials contained therein are true and correct to the best of my knowledge,
information and belief. I am authorized to make this verification.
This verification is made only as to the factual averments contained therein and
not to legal conclusions and averments authorized by counsel in his capacity as attorney
for the party or parties hereto.
This verification is made subject to the penalties of 18 PA. C.S. Section 4904,
relating to unsworn falsification to authorities which provides that, if I knowingly made
false averments, I may be subject to criminal penalties.
Date: cr/.23/03
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James Neidigit'"
CERTIFICATE OF SERVICE
AND NOW, this 25th day of September, 2003, I, Gaye Crist, an employee of
the firm of Wix, Wenger & Weidner, attorneys for Additional Defendant, hereby certify that
I served the within Additional Defendant's Answer with New Matter to Defendant's
Complaint this date by depositing a copy of same in the United States mail, postage
prepaid, in Harrisburg, Pennsylvania, addressed as follows:
Howard D. Kauffman, Esquire
Devlin & Associates
100 Pine Street, Suite 260
Harrisburg, PA 17101
Karl E. Rominger, Esquire
155 S. Hanover Street
Carlisle, PA 17013
WIX, WENGER & WEIDNER
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
!.D. #32858
Howard D. Kauffinan. Esquire
!.D. #38963
Our File No.: 068-19374-JGD/h
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
wmTH A. JONES,
Plaintiff
v.
: NO. 02-6097-Civil
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: WRY TRIAL DEMANDED
v.
JAMES NEIDIGH t/d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
DEFENDANT. ST. P AUL'S EVANGELICAL LUTHERAN CHURCH OF CARLISLE'S
REPLY TO NEW MATTER OF ADDmONAL DEFENDANT
10. Denied. The averments of this paragraph contain conclusions oflaw to which no
response is required. To the extent that any response is required, defendant was unaware of any
allegations of any problems with the work until this claim.
WHEREFORE, Defendant denies that Plaintiffs are entitled to judgment against the
Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays
that judgment be entered in Defendant's Javor and against the Plaintiffs and for its costs and fees and for
such other relief as the Court deems appropriate.
DEFENDANT DEMANDS TRIAL BY WRY.
Respectfully submitted,
DEVLIN ASSOCIATES, P. C.
BY:
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Howard D. Kauffinan, Esquire
DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 171 0 1
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
!.D. #32858
Howard D. Kauffinan. Esquire
I.D. #38963
Our File No.: 068-19374-JGD/h
WDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
v.
: NO. 02-6097-Civil
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: CIVIL ACTION - LAW
: WRY TRIAL DEMANDED
v.
JAMES NEIDIGH t/d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
CERTIFICATE OF SERVICE
V-'
AND NOW, this la:- day of October, 2003, I, Howard D. Kauffinan, Esquire of the Law
Offices of John Gerard Devlin & Associates, P. C., counsel for Defendant, St. Paul's Evangelical
Lutheran Church of Carlisle, affirm that I served the foregoing Defendant, St. Paul's Evangelical
Lutheran Church of Carlisle's Reply to New Matter of Additional Defendants by depositing saine
in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
Counsel for Plaintiff
Richard Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109-3099
Counsel for Additional Defendant
Neidigh Brothers
DEVLIN ASSOCIATES, P.C.
HO~~llill
VERIFICATION
I, Richard A. Ruff, verifies that the filets set forth in the foregoing Defendant's Reply to New
Matter of Additional Defendants are true and correct to the best ofhislher knowledge, information and
belief and understands that statements made herein are subject to the penalties of18 Pa. C.S.A. Section
4904 relating to Unsworn Falsification to Authorities.
Jones v. St. Paul's Evangelical Lutheran Church
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
1.0. #32858
Howard D. Kauffinan, Esquire
1.0. #38963
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
v.
: CIVIL ACTION - LAW
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH t/d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: WRY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this i(oit\ day of April, 2004, I, Howard D. Kauffinan, Esquire of the
Law Offices of John Gerard Devlin & Associates, P. C., counsel for Defendant, St. Paul's
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Defendant, St.
Paul's Evangelical Lutheran Church of Carlisle's Reply to Request for Production of
Documents of Additional Defendants by depositing same in the United States Mail, postage
prepaid in Harrisburg, Pennsylvania addressed to:
Karl E. Rominger, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
(Attorneys for Plaintiff; Judith A. Jones)
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
(Attorneys for Additional Defendant,
Neidigh Brothers t/d/b/a Jinl Neidigh
Concrete and Backhoe Services)
DEVLIN ASSOCIATES, P.C.
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DEVLIN ASSOCIATES, Poc.
100 Pine Street. Suite 260
Harrisburg, P A 1710 1
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
!.D. #32858
Howard D. Kauffinan. Esquire
!.D. #38963
WDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
v.
: CIVIL ACTION - LAW
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH t1d/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: WRY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this I(,,~ day of April, 2004, I, Howard D. Kauffinan, Esquire of the
Law Offices of John Gerard Devlin & Associates, P. C., counsel for Defendant, St. Paul's
Evangelical Lutheran Church of Carlisle, affirm that I served the foregoing Defendant, St.
Paul's Evangelical Lutheran Church of Carlisle's Answers to Interrogatories of Additional
Defendants by depositing same in the United States Mail, postage prepaid in Harrisburg,
Pennsylvania addressed to:
Karl E. Rominger, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
(Attorneys for Plaintiff, Judith A. Jones)
Richard Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
(Attorneys for Additional Defendant,
Neidigh Brothers Vd/b/a Jim Neidigh
Concrete and Backhoe Services)
By:
DEVLIN ASSOCIATES, P.C.
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
LD. #32858
Howard D. Kauffinan. Esquire
1.0. #38963
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION - LAW
JUDITH A. JONES,
Plaintiff
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH tldlbla nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this .1 '-t ~day of October, 2004, I, Howard D. Kauffinan, Esquire of the
Law Offices of Devlin Associates, P. C., counsel for Defemulllt, St. Paul's Evangelical Lutheran
Church of Carlisle, affirm that I served the foregoing Notice of Deposition of Judith A. Jones
by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania
addressed to:
James Nelson, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
(Attorneys for Plaintiff, Judith A. Jones)
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
(Attorneys for Additional Defendant,
Neidigh Brothers tldlbla Jim Neidigh
Concrete and Backhoe Services)
DEVLIN ASSOCIATES, P.C.
BY:~~
Howyd D. Kauffinan, Esquire
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD. #32858
Howard D. Kauffinan, Esquire
LD. #38%3
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, P A
v.
: CIVIL ACTION - LAW
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH tJd/b/a JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this Jl6~ day of October, 2004, I, Howard D. Kauffinan, Esquire of the
Law Offices of Devlin Associates, P. C., counsel for Defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, affirm that I served the foregoing Notice of Deposition of David Jones by
depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania
addressed to:
James Nelson, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
(Attorneys for Plaintiff, Judith A. Jones)
....
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
(Attorneys for Additional Defendant,
Neidigh Brothers t/dlb/a Jim Neidigh
Concrete and Backhoe Services)
DEVLIN ASSOCIATES, P.C.
By: .A/,h______
~lffinan, Esquire
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DEVLIN ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, P A 17101
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
LD. #32858
Howard Do Kauffman, Esquire
I.D. #38963
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
v.
: CIVIL ACTION - LAW
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH t/d/b/a llM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this c9.~'fA day of October, 2004, I, Howard D. Kauffinan, Esquire of the
-
Law Offices of Devlin Associates, P. C., counsel for Defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, affirm that I served the foregoing Noti<<=e of Deposition of Melissa MixeD
by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania
addressed to:
James Nelson, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, P A 17013
(Attorneys for PlaintnI: Judith A. Jones)
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PRAECIPE FOR LISTING CASE ~)R TRIAL
(Must be typewritten and subnitted in duplicate)
TO THE POOTHOJIOTARY OF CUMBERLAND COUNI'Y
Please list the following case:
(Check one)
(X ) for JURY trial at the next: term of civil court.
for trial without a jury.
-----------------------------------------
CAPI'ION OF CASE
(entire caption must be stated in full)
(check one)
Judith A. Jones,
(X
Civil Action - Law
Appeal from Arl>i tration
(other)
(Plaintiff)
vs.
St. Pauls Evangelical Lutheran
Church of Carlisle,
The trial list will be called on 10 / 11 / 05
and
Trials cornnence on 11/ 7 / 05
( Defendant)
Pretrials will be held on 10/19/ 05
(Briefs are due 5 days before pretrials. )
vs.
James Neidigh. t/d/b/a Jim
Neidigh Concrete and Backhoe
Services,
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.l.)
(Additional
Defendant) No. 07-IiO'l7 CivilAl:.f-i nn- T,,,w 19
Indicate the attorney who will try case for the party who files this praecipe:
Richard H. ~ix. Esquire
Indicate trial =unsel for other parties if known: Howard D. Kauffman, Esquire
Karl E. Rominqer, Esquire
This case is ready for trial.
1. ~i
Signed: -.k. uLr....J / '\ J,;/
Print Name: Richard H. Wix. Esquire
Date: 8/25/05
Attorney for: Additional Defendant
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4.
Judith A. Jones
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
St. Paul's Evangelical Lutheran Church of Carlisle,
Defendant
v.
James Neidigh t1d/b/a Jim Neidigh Concrete and
Backhoe Services, Additional Defendant
NO. 02-6097 CIVIL TERM
ORDER OF COURT
AND NOW, October 11, 2005, by agreement of counsel, the above captioned
case is continued from the November 7, 2005 trial term. Counsel is directed to relist the case when
ready,
By the Court,
~l E, Rominger, Esquire
For the Plaintiff
/~ward D, Kauffman, Esquire
~hard H. Wix, Esquire
. For the Defendants
Court Administrator
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PRAECIPE FOR LISTING CASE FOR TRIAL
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case:
( X) for JURY trial at the next term of civil court,
( ) for trial without a jury,
--------------------------------------------------------------------------------------------------------------------
Judith A. Jones,
Plaintiff
( ) Assumpsit
( ) Trespass
v.
Trespass (Motor Vehicie)
St. Paul's Evangelical Lutheran Church,
of Carlisle,
Defendant
( X ) Civil Action - Law
(other)
v,
James Neidigh. tld/b/a Jim Neidigh
Concrete and Backhoe Services,
Additional Defendant
The trial list will be called on
12/27/05 and
Trials commence on 1 /21/0 Ii
Pretrials will be held on 1/4/06
(Briefs are due 5 days before pretrials)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe
to all counsel, pursuant to local Rule
214-1).
No, 02-6097 Civil
Indicate the attorney who will try case for the party who files this Praecipe:
Kathryn L. Wix, Esq.
Indicate trial counsel for other parties if known:
Howard D. Kauffman, Esq. - for Defendant
Karl E. Rominger, Esq. - for Plaintiff
This case is ready for trial.
~~.-L
Print Name: Kathryn L. Wix, quire
Attorney for: Additional Plaintiff
Signed:
Dated: jJ../tI.:2-ce<
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-----
-
JUDITH A. JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO, 02-6097-CIVIL
ST, PAULS EVANGELICAL CIVIL ACTION - LAW
LUTHERAN CHURCH OF CARLISLE,:
Defendant JURY TRIAL DEMANDED
v.
JAMES NEIDIGH, tld/b/a JIM
NEIDIGH CONCRETE and
BACKHOE SERVICES,
Additional Defendant
PRAECIPE FOR APPEARANCE
TO: Prothonotary
Please enter the appearance of Kathryn L. Wix. Esquire. of the firm of Wix. Wenger
& Weidner. on behalf of the Additional Defendant in the above-captioned matter.
WIX. WENGER & WEIDNER
By /~LI /
Kathryn L. Wix, Esq" 1.,0': #92944
Attorneys for Additional Defendant
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: December 1. 2005
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DEVLIN ASSOCIATES, Poc.
100 Pine Street, Suite 260
Harrisburg. PA 17101
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
I.D. #32858
Howard D. Kauffinan, Esquire
I.D. #38963
JUDITH A. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
v.
: CIVIL ACTION - LAW
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH tld/b/a JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: WRY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ~day of December, 2005, I, Howard D. Kauffinan, Esquire of
the Law Offices of Devlin Associates, P. c., counsel for Defendant, St. Paul's Evangelical
Lutheran Church of Carlisle, affirm that I served the Notice of Videotape Deposition of Perry
A. Eagle, M.D. by depositing same in the United States Mail, postage prepaid in Harrisburg,
Pennsylvania addressed to:
Karl E. Rominger, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
(Attorneys for Plaintiff, Judith A. Jones)
. ". \.
Kathryn L. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
(Attorneys for Additional Defendant,
Neidigh Brothers t/d/b/a Jim Neidigh
Concrete and Backhoe Services)
DEVLIN ASSOCIATES, P.C.
/;//rl
By: /"'.ll~'
~1Uffinan, Esquire
"
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DEVLIN ASSOCIATES, Poc.
100 Pine Street. Suite 260
lIarrisburg, P A 17lO I
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
I.U. #32858
Howard D. Kauffinan, Esquire
1.0. #38963
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
WDlTH A. JONES,
v.
ST. PAUL-S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
v.
JAMES NEIDIGH Iid/b/a JIM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Delendant
: CIVIL ACTION - LAW
: NO. 02-6097 - CIVIL
: JURY TRIAL DEMANDED
PRAECIPE TO SETTLE. DISCONTINUE AND END
10 THE PROTONOTARY:
Kindly mark thc above-captioncd matter as scttled, discontinued and ended with
prejudice.
Rominger, Bayley & Wharc
BY:/
Karl E. Rominger, Esquire
155 South Hanover Streel
Carlisle, PA 17013
. .
DEVLIN ASSOCIATES, P.c.
100 Pine Street, Suite 260
Harrisburg, P A 1710 1
Phone: (717) 720-0700
By: John Gerard Devlin. Esquire
!.D. #32858
Howard D. Kauffinan. Esquire
\.D. #38963
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
WDITH A. JONES,
v.
: CIVIL ACTION - LAW
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCH OF CARLISLE,
Defendant
: NO. 02-6097 - CIVIL
v.
JAMES NEIDIGH tld/b/a nM NEIDIGH
CONCRETE and BACKHOE SERVICES,
Additional Defendant
: WRY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this / / f.... day of January, 2006, I, Howard D. Kauffinan, Esquire of the
Law Offices of Devlin Associates, P. C., counsel for Defendant, St. Paul's Evangelical Lutheran
Church of Carlisle, affirm that I served the Praecipe to Settle, Discontinue and End by
depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania
addressed to:
Karl E. Rominger, Esquire
Rominger, Bayley & Whare
155 South Hanover Street
Carlisle, PA 17013
(Attorneys for Plaintiff, Judith A. Jones)
Ii. ..
Kathryn L. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, P A 17109-3099
(Attorneys for Additional Defendant,
Neidigh Brothers tld/b/a Jim Neidigh
Concrete and Backhoe Services)
By:
DEVLIN ASSOCIATES, P.C.
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