The URL can be used to link to this page

Home My WebLink About98-01119 ~ "'; ... ....... ~ .() ~' ~i ~ i 4..' .... :$ 11 ! I ! , I } i (, ~ - . ..:5 ~ ~ ...... ...... ...... . ,. .. .......' (}., ~ t ~t" 'Ie .:'d :'i ( ,,I 11.t: .' il. " VICKI AND GARY FAUST, PllIintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA .( , , vs. 98-1119 CIVIL WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Defendants CIVIL ACTION - LA W JURY TRIAL DEMANDED IN RE: PLAINTIFFS' MOTION FOR SANCTIONS AND TO AMEND COMPLAINT ORDER AND NOW, this J"~ day of JlInuary, 1999, argument on the within motion is set for Thursday, March 4, 1999, at 2:30 p.m, in Corutroom Numbcr 4, Cumbcrland County Courthouse, Carlisle, I' A. BY THE COURT, L. Rex Bickley, Esquire For the Plaintiffs ~t-' /ftL KeVin i\. Hess, J, / / James G. Nealon, Ill, Esquire Matthew L. Owens, Esquire Richard C. Snelbllker, Esquire For thc Defendllnts :rlm c.~..... I""'V~~ 1/3/99 . A'S->' r\\.n.~~l:l;:i:',:~ n~ ' ., ".: '\'[~'!W S9 ,\f'\ ,.1] 1,1 ~J,: ('\<3 CIJI'..' . . . "\'.' I ;,~<': \ i .' ',\: 1..1\..': ,.I~'l I Pr}J~':)'i l~,J;':~ ~\I: \ ....... t', , t I \ I '. " , "",{...l~k. ". \ \., '" ,~. IH , 10 f "t. 0\- I~ J _. " , ,~: , ./ . i'to '..~,~ .. . ' ~~.. ,.J I, ~ .. 0 . '" .. .,'. ~" , .. '10 .~ "'. " : : i)' ~. . ,~,', .... -,~ . .,\., , '~" I '<I'.at _ '.- 'it) " t. . " . . " , "Of', . . .i':. ;0 .~" " -, \" . .I " ", . , -l, J t~.o :- \-4. '.... 'r' . 'o~ , ,. ~ I ~ I \ I r _...r ..,0 '". " ..l VICKI AND GARY FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO,98-1119 CIVIL ACTION - AT LAW WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Dcrfcndants JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR SANCTIONS AND TO AMEND COMPLAINT I. Your Movanls are Vicki and Gary FausI, Plaintiffs above caplioned, 2, Plaintiffs incorporate by reference the Plaintiffs' Motion to Compel which they filed with this Honorable Court on September 11, 1998, a copy of which is attached hereto, incorporated herein, and marked Exhibit "A", 3, On September 16, 1998 this Court issued an Order requiring Defendant to file Answers to Plaintiffs' Interrogatories within thiI1y days, a copy of said Order is attached hereto, incorporated herein, Rnd marked Exhibit "B", 4, In accordance with office procedures of the Cumberland County Prothonotary's Office, a copy of the Order to Defendant's counsel, James Nealon, Esquire, on or about September 16, ] 998. S. Also, upon receipt of his copy of the Order from the Cumberland County Prolhonotary's Office, counsel for Plaintiffs mailed to Attomey James Nealon a copy of said Ordcr. 6. Somctimc I :, or about Octobcr 19, 1998, Attomcy Jamcs G. Ncalon, III, tclephoned Plaintiffs cO! IScl and infonncd himthatthc Dcfendant, William Stickcl, had died somctimc on or about August 25, 1998, 7. On October 19, 1998, Attomey Nealon forwarded to Plaintiffs counsel a lettcr informing Plaintiffs counscl of the death of the Dcfendant, supplying he Plaintiffs counsel with certain documents, and impot1antly, informing the Plaintiffthat the matter could not be settlcd, Defendant's counsel would have the caption properly amended naming the Executors of the Estate as Defendants and would respond to the outstanding Interrogatories "by having the Administrator sign the appropriate verification". A copy of said letter is attached to, incorporated herein and marked Exhibit "C", 8. On November 16, 1998, Plaintiffs counsel directed a letter to James Nealon requesting the Answer to Interrogatories and that the caption be amended accordingly, A copy of said Ictter is attached hereto, incorporated herein, and marked Exhibi1 "D". 9. Plaintiffs believe and therefore aver that Kathryn S. Fuchs and Jeffrey Todd Stickel have been appointed as Executors in this matter as set forth in No, 38 Cumberland Law Joumal dated September 18, 1998, a copy of which is attached hereto, incorporated herein and marked Exhibit "E". 10, To date Defcndant's counscl has ucithcr answcrcd I'laintifrs discovcry rcqucsts, amcndcd thc Complainl as promiscd. or inllny way conununiclltcd with I'laintifrs counsel. WHEREFORE, Plaintiffs Vicki and Gmy Faustrcspcctfully rcqucst your Honorablc Court to: A. Amend the above caption by substituting as Dcfcndants Kathryn Fuchs and Jeffrey Todd Stickel as Executors of the Estatc of William Stickcl lInd maintaining Upper Allen Township as a Defcndant; B. Award attorney's fces in the amount of $750 against Attorney James G. Nealon, III, and the Estate of William Stickcl; C, Enter an Ordcr precluding Defendant Executors of thc Estatc of William Stickel from cntering a defcnse in this malter. D. Precludc Dcfcndant from introducing any cxpert evidence E. Enter an Ordcr admitting for purposes of this action that Dcfendant was responsible for the sidewalk in front his home, was responsible for thc maintenance of the sidewalk in front of his homc, and that the condition of thc Defcndant's sidewalk was dangerous, F, Enter an Ordcr that Dcfcndant Estatc of William Stickcl is liablc to Vicki and Gary Faust for any injuries shc suffercd, i I I I I . i I I , , I I I I VICKI AND GARY FAUST, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I'Y, PENNSYLVANIA WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Defendants NO, 98-1119 CIVIL ACTION - AT LAW ") , , ., I " , I JURY TRIAL DEMANDED . PLAINTIFF'S MOTION TO COMPE~ 'P', , i ", , "'l .'. . I 1, This action arises from a sidewalk accident that OCcurred on or about October 3D, 1997, in Upper Allen TownShip, Cumberland County, Pennsylvania. 2. As a result of the accident, the Plaintiff alleges that she sustained and SUffered Physical injuries, expenses, and wage loss. 3, This action was commenced by Complaint by the Plaintiff against the property owner, William Stickel, and Upper Allen Town- ship on March 2, 1998. 4. On June 25, 1998 the Plaintiff served Interrogatories directed to Defendant upon Defendant's counsel, James G. Nealon, III, Esq. A true and correct copy of said Interrogatories is attached hereto, incorporated herein and marked Exhibit "A". 5. On August 25, 1998 Plaintiff directed a letter inquiring as to the status of the Answers to Interrogatories on Defendant's counsel, James G. Nealon, III, Esq, a true and correct copy of said EXHIBIT "A" "' letter is attached hereto, incorporated herein and marked Exhibit flB". 6. As of this date, Defendant has neither filed Objections to Plaintiff's requested discovery nor served Answers to Interroga- tories . 7, Defendant's discovery responses are overdue. WHEREFORE, Plaintiff, Vicki L. Faust, respectfully requests Your Honorable Court to order the Defendant to provide complete answers to Plaintiff's Interrogatories, Respectfully submitted, ,-- J , Attorney for Plaintiff ~ !....; NEALON & GOVER .1111 MAIlKI!'r STllImT. 9'" 1'1.0011 1',0. BOX "5 IIARIIISBUIlI1, I'P.NNSYI,VAN/A 17111n 717.1.12-991111 )lAX, 717.IJ',9119 ATTORNEYS AT LAW October 19, 1998 1,\ NO/ITII 1:1 WIlilY I.ANH YOIlK, I'I,NNSYJ.VAN/A 17401 717.nJI.78n8 (COIlIlH.\/'UNIl TO IIA/l/lISIIURO) L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 RE: Faust v. Stickel & Upper Alien Township Dear Mr. Bickley: This will serve as a follow-up to our telephone conversal/on of October 19, 1998, As I advised you, I recently learned that Mr. Stickel died on August 25, 1998. Apparently an estate has been established and the estate Is represented by Dick Snelbaker. At this point, , am writing to Mr. Sne/baker to get copies of the Lellers of Administration. Thereafter, we can, if necessary, get the caption properly amended. Obviously, this makes it difficult for me to respond to the outstanding discovery. Therefore, we have agreed that at this time I will provide to you copies of all diScoverable documents, In fact, I am providing to you copies of all documents in my file which consist of the fOllOWing: , 1. 2. 3. A copy of the Affidavit of coverage for Mr. Stickel; A copy of Allstate's investigative file; and A copy of all statements obtained in the course of the investigation, ) ,\ , I I understand that you will discuss the mailer with your client and provide to me a selllement demand, At that point, I will provide it to Allstate and they can evaluate the maller, If the mailer cannot be sellled, I will then proceed to have the caption properly amended and respond to the outstanding Interrogatories by having the Administrator sing the appropriate Verification. I) J II II i ]',. I, , , , ]1;'-.', 'I" \ '~'. " " 'f"'''.' 'I;i: \ ...; '1'/ It.'.' Ih:.:' \ I-':~- \ ~I/:::~ I " , ~: \~.-{;~ ;A:,; .J . t....~ , '...,.,.\, .,.....:.0 .~... " Thank your for your attenl/on to this matter and if my understanding is incorrect, please advise, Yq~ James G, Nealon, "' NEALON & GOVER JGN/slf Enclosures P){HIRIT "r" JAMES G. NEALON mo MATTHEW R. GOVER 0 milAN W, PERRY. CHRISTOPHERJ. KNIGHT ^ PROfESSIONAL CORPORATION LAW OFrlCES L. REX BICIILEY I 2 I SOl/TH SmEET HARRISBURG, PENNSYLVANIA I 7 101 17171 234'O!l77 FAX, 17 I 71 234'7032 Novcmbcr 16, 1998 James G. Nealon, III, Esq. 301 Market St., 9th Floor PO Box 865 Harrisburg, PA 17/08 Re: Faust v. Stickel & Upper Allen Township Dear Attorney Nealon: In reference to your October 19, 1998 letter, I responded with a demand and did receive a call from Patricia Hoffman offering $3,000 which offer is unacceptable. Consequently, I would kindly ask you to answer and verify the Interrogatories and amend the caption in accordance with your October 19, 1998 letter. Infonnationally, I did speak to Attorney Owens last week who indicated that he would be calling you in order to discuss settlement, I will be listing this matter after Thanksgiving. Sincerely, ~:.-- L. R Bickley L /sz cc: Matthew Owens, Esq. Vicki & Gary Faust EXHIBIT "0" L. Hnx Ulckley [~q 121 30uth Sl 11,1rr i sburq PII 1'1101 '\ CUMBERLAND LAW JOURNAL XLVII ; .~ 'I j I No,38 Carllele, Pa., September 18, 1998 230.236 CUMBERLAND LAW JOURNAL (USPS,140.000) Published every Friday by CUMBERLAND COUNTY BAR ASSOCIATION Editor Roger M. Morgenthal, Esq. C'Jmberland Law Journal, 2 Liberty Avenue Carlisle, Pa,17013 Telephone: (717) 249,3166 FAX (717) 249,2663: Toll Free PA 1-800-990-910B .~ Copyright C 1999, Cumberland County Bar Assoclallon Carllslo. Pennsylvania ARTIE C, ESPENSHADE v, CONSTANCE M, ESPENSHADE. C,P.. CUMBERLAND COUNtY, No, 9Hl52B CIVIL TERM, Civil Actlon-Dlvorce-Pellllon To Enlorco Marllal Solllomonl Agroomont and To Hold Roapen- rSonlln Contempt-AlImonv-Addendum To Reduco AlImony Slgnod as Accommoda. tlon To Help Respondont Oblaln Mor1gago Financing-Side Agroement To Destroy Addondum Allor Mortgage Obtalned-Rospondent Roducod Paymenls-Purposo of Addendum Not To Change Alimony Amount-Aulo To Show Causo Made Absolule. Conlainlng reports 01 cases decided by the various Courts 01 Cumberland County and selecled cases Irom olhar counties, Deslgnaled by the Court 01 Common Pleas as the olllclallegal publication 01 Cumberland County and tha legal nawspaper lor Ihe publication 01 legal notices, Legaladvertlsemenls must be received by Friday noon, AIi legal advartls. Ing must be paid In edvance, Subscrlpllon $35,00 par yaar. Periodical postage paid al Carlisle, PA 17013 and addillonal olllces. POSTMASTER: Send change 01 address to: Cumberland Law Journat, clo Murretie Printing Co.. loe" Box 100. Sayre, PA 18840-0100, EXHl~n: "E" '. .. , r Helmlcb, Am, T., dee'd, Lote of Lower Allen Township, Executor: PNC Bank. N,A,. 4242 , Carlisle PIke. Camp Hili, PA 17011. Attorneys: Charles R. Stone. Es" quire, Stone LaFnver & 5hekJ~l. ski. P.O. Box E. New CumberlBlld. PA 17070. '/ . " . . . i . I, McAlIlIle.. Calber\ae E.. dee'd, Lote of Hampden TownshIp. Execulrtx: Cathertne E. Yeager, c/o Charles E, Shields. III. Es. quire, 6 Clouser Road. Mechanics- burg. PA 17055. Allomey: Charles E, Shields, III. Eequlre. 6 Clouser Rood. Mechan- lcsburg. PA 17055, , . " '.. ", ' \ \ \ .. \ \ ~ >- "'~. lOokel. Eleuor V" dee'd. Lote of the Borough of Carlisle. Execulrlees: Naney Ann Matthews. Mwy J. Funk. efo Low ornce of Edward L, Sehorpp. 127 West High Street. Carlisle. PA 17013, Allomey: Edward L, Schorpp, I, . .,..' , 'f IJIade, WllUam J.t m. dec\1. Late or West Pennsbo"J Town- ship. Executor: Gregory R ! 3hade. 80 Shepherd Road, Newvllle. PA 17241. , Allomey: RIchard L. Webber. Jr.. 366 Green Sprtng Road. 1'.0, Box 40, Newvtlle, PA 17241-0040. I i '! " i I . ~ 8hafraa. Melro, dee'd. Lote of the Township or South Middleton, Execulrtx: Nancy S, Wingert. 418 Hogestown Road. Mechanics- burg. PA 17055. AUomey: J. Robert Stouffer. ~, I ." /'( BUcllel, WlWuu R.. dee'd. Lote of Upper Allen Township, " , J " ~ , ,"' I CUMDERLANi' I Executors: Kathryn S. Fuchs, t I, DIIo( Horn Avenue. Mechnnlcs. burg. PA 17055 or Jeffrey Todd SlIckel. 5443 Keenan Drtve. Pllts. burgh, PA 15230, I' Attorneys: Snclunker. Drcnne. man & Spare. P.C.. 44 West Mnln Street. P.O. Dox 318. Mcchnnlc8~ burg.PA 17055-0318, i I, Thumm., Marlln E.. dee'd. I Late: of Cumberland County. I Executrix: Martlyn L, Aust, 61 Greenneld Drive. Cnrll.le. PA 17013, i Attorneys: Robert J... O'Brien,' O'Brten, Barte & Scherer. 17 West Soull, Street. Carlisle, PA 170t3: I i , \, Tbngh, Cathleen A.. dcc'd. Lole of Enola, Executrix: Faye 1... Wadsworth (II/k/a Faye Rltenburgl. 2206 Glencoursc Lnne. Reston. VA 20191. AUorneys: Patricia Arl11strollg. Esquire, Thomns. TIlomos. Arm.' slrong & Niesen. P.O. Box 9500, lIarrtsburg. PA 17108-9500, Wert, Lucinda E.. dcc'd. Late of the Borough o( Carlisle. Executrices: Jean W. Fink. Dorts A, Dnrr. c/o Frey and Tiley. 5 South Hanover Street. Carlisle, .PA 17013, Attorneys: Frey M.d Tiley. ! Wrllbl, MarUn Po, dec'd, Lote of Upper Frnnkl'ord Town. ship. Co-Executors: Roy 0, Wright, Melva A, Wrlghl. a/k/a Melva E, Wrtgh~ and D. Marte Wrtght. 444 Mo- hawk Road. NcwvUle. PA t 7241. ' AUomcy: Rh..luutrt. Webber. Jr..: 386 Green Sprtng Road. P,O. Boz 40, Newville, PA t7241.0040, f. I. , / ! , ! VERIFICATION We, Vicki and Gary Faust verify that the slalemcl1ts made in the foregoing Motion are true and correct to the best afmy infonnation, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A.*4904 relating to unsworn falsification to authorities. Date: 1/1 If , ~',d'-7~ Vicki Faust >Z~ JJ 7J 'Gary Faust CERTIFIC^TE OF SERVICE I, L. Rcx Bicklcy, Esquirc, hcreby certify that on this day of January, 1999, I served a tme and corrcct copy oflhc forcg.oing Motion on the following by dcpositing a copy of the samc in the U.S. mail, postage prepaid, first class postage addrcssed as follows: James G. Nealon, 111, Esq. NEALON & GOVER 301 Market St., 9th Floor PO Box 865 Harrisburg, PA 17108 Attomey for Defendant William Stickel Matthew L, Owens, Esq. 100 Pine Sl. Harrisburg, I' A 1710 I Attomey for Defendant Upper Allen Township Richard C. Snclbaker SNELBAKER, BRENNEMAN & SPARE 44 W, main St. Mechanicsburg, P A 17055 Attomey for Defendant Executors of the Estate of William Stickcl Date: L. Rex Bickley Attomey for Plaintiffs "' 1"11 I \ ,II, ,)~ \I I. VICKI AND GARY FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 98.1119 CIVIL ACTION. AT LAW WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Dcfcndants JURY TRIAL DEMANDED ORDER AND NOW, to wit, this day of January, 1999, upon prcscntation of the within Petition, a Rulc is grantcd upon James G. Ncalon, III, Esq., Allomey for Defcndant William Stickcl; Kathryn S. Fuchs and Jcffrey Todd Stickcl, c/o Richard C, Snclbnker, Esq., Allol11ey for Defendant Executors of the Estatc of William Stickel; and Mallhew L. Owcns, Esq., Allomcy for Dcfcndant Upper Allen Township to show cause why, if any, the rclicf requcstcd in the within Petition should not be granted. RULE RETURNABLE days from date of service, BY THE COURT: I , , t\ J, I I .I , p Ii I' I ~ .... \ \ J/:N j G 1:.I,lbO VICKI AND OARY FAUST, Plaintiffs IN nm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, 98.1 119 CIVIL ACTION - AT LAW WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Defendants JURY TRIAL DEMANDED ORDER AND NOW, to wit, this day of January, 1999, upon prcscntation ofthc within Pctition, a Rulc is grantcd uJlon Jamcs G, Ncalon, III, Esq., Allomcy for Dcfcndant William Stickel; Kathryn S. Fuchs and Jcffrcy Todd Stickcl, c/o Richard C. SnellJakcr, Esq" Allol11cy for Dcfendant Exccutors of thc Estatc of William Stickcl; and Mallhcw L, Owcns, Esq., Allomcy for Dcfendant UJlPcr Allcn Township 10 show causc why, if any, the rclicf rcqucstcd in thc within I>ctition should notlJc grantcd. RULE RETURNABLE uays from datc of scrvicc, BY THE COURT: J, ,,- 11\: , , " VICKI L, AND GARY G. FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , , ' WILLIAM STICKEL, Defendant NO. 9f -///9 CiU,t ~"1 ,. ~ I J I , 0' vs. and CIVIL ACTION - LAW UPPER ALLEN TOWNSHIP, Defendant JURY TRIAL DEMANDED ~ , NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the 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. , 1 ') \ , I 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. J COURT ADMINISTRATOR 4th Floor, Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 I NOTICIA Le han demand ado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de VICKI L. AND GARY G. FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, WILLIAM STICKEL, Defendant NO. 9P- ///9 CUll ~Q.~ and CIVIL ACTION - LAW UPPER ALLEN TOWNSHIP, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Vicki L. and Gary G. Faust, adult individuals who reside at 811 Route 15 North, Box 52, Dillsburg, York County, Pennsylvania, 2. Plaintiffs are husband and wife. 3. Defendant William Stickel is an adult individual residing at 2808 West Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant Upper Allen Township is a municipal corporation organized and existing under the laws of the Conunonwealth of Pennsylvania in Cumberland County, Pennsylvania. 5. William Stickel is the owner of 2808 Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 6. At all times mentioned herein, Defendant William Stickel was in exclusive possession of the sidewalk situated upon and in front of 2808 Rosegarden Boulevard, Mechanicsburg, PA, which sidewalk was maintained, controlled, and the responsibility of Defendant William Stickel, 7. At all times herein mentioned, the sidewalk described in Paragraph 6 was within the right-of-way of Rosegarden Boulevard, Mechanicsburg, PA which road was maintained, controlled and the responsibility of Defendant, Upper Allen Township. 8. At all times herein mentioned, pursuant to applicable statutes and ordinances, Upper Allen Township was responsible for monitoring the condition and safety of Defendant William Stickel's front sidewalk. 9. On November 24, 1997, pursuant to applicable statutes and ordinances, Plaintiff timely notified Defendant Upper Allen Township in writing of the occurrance of the accident and the injuries sustained. 10. On or about October 30, 1997, at approximately 6:00 P,M., Plaintiff Vicki Faust and her daughter and grandson, were walking on the sidewalk in front of Defendant William Stickel's home. 11. Unbeknownst to Plaintiff vicki Faust, a section of Defendant William Stickel's sidewalk was situated and lifted approximately two (2) inches above other sections of sidewalk in front of Defendant William Stickel's home and throughout other sections of the development within in which Defendant ~lilliam Stickel resides, i~ L ~i ". ~ 2 12. As Plaintiff Vicki L. Faust walked upon the raised section of sidewalk, her right foot was caught by the raised section of the sidewalk causing her to fall resulting in serious injuries as set forth below. COUNT I VICKI L, FAUST vs. WILLIAM STICKEL 13. Paragraphs 1 through 12 hereof are incorporated herein as if set forth by reference, 14, The accident was caused by Defendant William Stickel's negligence, carelessness and recklessness in that: A. Defendant failed to make a reasonable inspection of the sidewalk in front of his home; B, Defendant failed to provide proper lighting during dusk and dark hours which lighting would have exposed the dangerous condition; C. Defendant caused or permitted the sidewalk and dangerous condition to exist; D. Defendant failed to remove and repair the sidewalk and dangerous condition; E. Defendant violated upper Allen Township Ordinances by failing to properly repair the dangerous condition. 3 .,. 15, As a result of Defendant's negligence, carelessness and recklessness, Plaintiff sustained injuries to her head, eye, knee, and shoulder, all of which injuries have caused Plaintiff great pain and suffering and may continue for an indefinite time in the future and may be permanent. 16, As a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care in order to treat and help cure her injuries. 17, As a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her Usual and daily duties and employment, to her financial detriment and loss. WHEREFORE, Plaintiffs Vicki L. Faust and Gary G. Faust, jointly and severally, demand judgment against Defendant in an amount in excess of Twenty Thousand ($20,000) Dollars plus interest and costs, COUNT' II VICKI L, FAUST VB. UPPER ALLEN TOWNSHIP 18. Paragraphs 1 through 17 hereof are incorporated herein as if set forth by reference. 4 /,,' i , I J , II II , , i i I 1 I' , ItS: I'. It;; \,'.'" I,\;'r;;: l ",~. Ii t,,,,:~ <".;"::'- . '(~ I "'~"f! '. ''i,~. '_.A..:\' 19, The accident was caused by Defendant Upper Allen Township's negligence, carelessness, and recklessness in that: A. Defendant Upper Allen Township failed to make a reasonable inspection of the sidewalk in front of Defendant William Stickel's home which would have revealed the existence of a dangerous condition posed by the raised sidewalk section; B. Defendant Upper Allen Township failed to properly give warning of the dangerous condition to Defendant William Stickel; c. Defendant Upper Allen Township violated its own Ordinances in the policing of Township sidewalks and failed to take necessary actions to enforce its Ordinances and its common law duties to the public by requiring Defendant William Stickel to repair his sidewalk or taking whatever other available actions j necessary to remove the dangerous condition; D. Defendant caused or permitted the sidewalk and dangerous condition to exist; E. Defendant failed to remove and repair the sidewalk and dangerous condition; :) , I II) .\... '(' I.: , I ' I: F. Defendant violated Upper Al.len Township Ordinances by failing to properly repair the dangerous condition. 5 G. The sidewalk created a dangerous condition which was known or should have been known to Defendant Upper Allen Township under the circumstances which condition created a reasonably forseeable risk to all pedestrians, WHEREFORE, Plaintiffs Vicki L. Faust and Gary G, Faust, jointly and severally, demand judgment against Defendant in an amount in excess of Twenty Thousand ($20,000) Dollars plus interest and costs, COUNT II I GARY G. FAUST vs. DEFENDANTS WILLIAM STICKEL AND UPPER ALLEN TOWNSHIP 20, Paragraphs 1 through 19 hereof are incorporated herein as if set forth by reference. 21. Gary G. Faust is the husband of Plaintiff vicki L. Faust. 22, As a result of said accident, because of the medical injuries and psychological injuries suffered by the plaintiff, she has not been able to provide the same degree of love, support, care and comfort to her husband, 23. As a result of the negligence of the Defendants, Plaintiff Gary G. Faust has been required to provide care, support, and comfort to his wife causing suffering, mental anguish and 6 humiliation and, in the future, will continue to do so, 24, As a result of Defendants' negligence, Plaintiff Gary G, Faust has had to take time off from work to provide care and support to his wife causing both Plaintiffs financial loss, WHEREFORE, Plaintiffs Vicki L, Faust and Gary G. Faust, jointly and severally, demand jUdgment against Defendant in an amount in excess of Twenty Thousand ($20,000) Dollars plus interest and costs, ~' L, Rex Bickley, Esquire 121 South Street Harrisburg, PA 171 (717) 234-0577 FAX (717) 234-7832 Attorney for Plaintiffs 7 f (' ~ ,:; "" {.::l ,- If::.. ~ ~ }oJ -.J ~ c:.-, o ~ ~~ 8 d I ~~(P r+r-- ~ n C/J CJ ~:; ~u -1"1 :.1: -I "::i ; . '. n;;:n ~7 ~u 'r- -' , - ;n (8 I ~'il? , ",) r:' ':)0 -- .;J -'j I .. ;:-.-: . --r .. :;::-, .,- ~-.;?(") . if? ejm ,- s" ;"J :..1 :n :n -. J:" -<: I. ,,'\ i:", , ,.~ -- -~..,.. . ' ---- . ''';1;':'1'' ''1'0[1'' " ~-, ~ " -~'!IJiIZ rJ+'I.,{i!(I';I/ 'j " ',. . 'kil'1' ' '''';'''',1':;- ;tl\ , .. /j r.,~ I:~'fl\\.l.~~,.~~! . P.:~ ~,~,~'" 'f.J;i~m~~~~1(~i I$i? ~'Mi~~b\, ,~~1 .i~>i\j1~~~1;"';.1'w ; "," J',.,., ~ I"',' >.~y~~ ' :,:~,~r".il~1!\'~fl"~{I~~~4~t"'(ij.,Wi'~!~~lfl!~~~i:1t)\%~, '" '1 f'',k... .,.~ 1..'ffrtl~ ;,t,.:r/jV~.tJfjl'H.'...\il'l ,t "l.('.iH 'f'Y,\l' ',\ ~,!\/j:y> :',{';<J ; ;,11' ;/' f/{ <:-:"'~t'jt "'~- ,\ 'Nf:~;~f!\;~ ~.': 'ir'IJr-l!J.i.t y';~ :~f.j ..'~lftP:~l ..T,,;~l' :' !:"~~'~~',i~'1:r~t'&h~~I"~~i1&r.~W;S: ,y.l~~;!';');Jt,l.'if);l~ :/4;[\.\ ,1""'J~f ':1\~..,(\~Hf:~;I~ ~t~li~);~~"'1;.<\{ ~l(j'j:J\'f: 'rH\JJ~liI4t"~,,,r::-:",I, !;;i':iV-:ti. !~',It~\f' jl~i',;j),i>r,;\ft}':d4~Ar:/j1'1tfj,,~ ti,::l,!,~y!,: (~(~~(<{1~~~ '1l~~';:;.4,.:f~~};ri,i!;;{;.~ta;,t.:;Wi '~r1:~ P5t~D,:~' {~l"":~~{lt.~':. ' ., ... ;'\"H ". J. ~,.tt~ ..j;;. <.or _'4[' . ',' 1 ~ -,. ~ X?~;i\~ii:~WiU~:%l1t~:?~~~}~~:~:,~s;~~;~;, ;,'r)~1)4~~;~~'rl\'~~X~\:1 ~.,>l';"':>..~~.'rlt_'{ ".fVl(.t~ l,v'll,,:;.,~ IY,~~{, "7;,"~(;,f!,l,, 'I ".,....-".. H.';.' ;;!~~~;l ~I>~)'l~~ 1:"~!.;:t{~/,lt~Sf. \~ ~~f.Y~fJl,lf,.~.:-r',~\"~ v~I-;'.~ Ie ~ J~'1!l'\':':~ 11~~;l'f ~,~" " I~ >. IJ I;, f<;' "t'.~""<j ,." l1;,CWV"" -'''i:.:. 'l'. .,t.."" ',a.i:.. ~l ...... ,'~ '~" jf'~::"" ~ ;~,l.. ',~.'}.~ 'Iy,tjj~'j,:\/.t ftl ~l :.1.. iW',11.1 jf \'.'h\~~'f" :,\\l.tt\'l~ ..' >.I<'),~" ,j,:;) ~ 'i \\ ... -.;, t.; It ,{u., "'>,~ f'" l. .,.. 'I II<~. ,-.,. {,r ..(<'" ~~1'" . :-;.' rl.~. -'-',If' "}, :.' l" 1.<;~" '\i.l\....., .~tll, '<];'.~. . .(~"l:~ J',. ""J '1(,':;'( ~... . ~ ~Il') 1". /., \~'(11\.'1' -l..t:,.'.,.;,'/. ':,:).;;r,!.'h." ...~.. '( ,l~ t ,I," f",') l'" ' l"I~:'\i { .{",. ~L:t l'i~t; 't;~..t' .: t ,~);~;~ ($~..:. \t\~~J ,:~ ~..;~'--;.1;' "" (;-;'~":~.:o,t it' ' ,I'll~""'\'F ";"l),.t~""'\'l ,(.t,ll......." 7;1.-"\>1' ,,;.t;:~.,>~'( J.: ~...'~:l\:':;.;.~~tr.~~ &N~t",',~~.:.:~f" "-~, /!~~ll~~{~~~~~\~~':'~ ti~~,:~ ;?..I~'..:~;.~.., .,...." ;./~... ':It''''''~I'''-':;~'f...' ;v 't~J, .f-~~f"'!? "I, '\1:.",_ :~ ~~.~};: ;.,J>~~,;~.~t:lff71:1~.fn ;:k'll\~1; ~. ~,\,~;J~f';')':l,:~~'~~.f~":;~~ \~1 ~;,' "r"<-l' '\;<." t,'r' l.~,..\.". <I"'''-'''''7:'l',,",): "j"",~~t 'f :.~,~;:,:\ (!t\\.',;'i;::i':j.;:.I_;~:)',! ';;':':~;';,"~ ,;~~,;, 1 :,'lj ;;\ I '; 'S';;~."i'.,;. ~ .: 'l;l~",t i;. '~'.'l. .'\ ',j.':;;',,~ \::.: .\ I .~<"ahJ '...)~t ,i'r' .r ""'1,:'1/"":" " I"~r " ,. '! l't,- ~. "'~''''1.' ;:, >I ~ .'v., 'A-J'n '-', .'/ ..,~.. ~'J r ,<), ~IJ':1.', ~.~<~.... ;l'-.$:~fJ.0'-:'..~"': J:'./II"X"{I~~'~J:..:t:~'. ~;;::",;t "..f.'::hl ;n":,r~lI> ., 1":' " '..~J. h tli ..," \. . 1~..1-,./, >4\~...,;I,'.. 't I}~'{~'i \ ,~\ It,;", .... j,. ,,;;-j' (f ' ~:{, ~:'; ".",~:"" ~)' ',' 1/...),'._ t'; .'I.~:;.!".!....r:.~ , 't< J.4. ~ ,'i.,/,~ v~ 1:.", t..." :I>',,\~~.l'..~ '~".I.,\.\.\ '\:"'\',tt') ':''''''''\') ,'~) fll,,,"ll./i ~".,)J . 1"~~f,J....,..(.':I''''' .?....~:-...A~ '.""'~ .l~";\'", 'j~,.',,-..,r,~'tj'I'" " i .!J1 J.i', )" "',: ll:~:rl '(" ,) :j'f;40 .,\'1 ~,:r. ir,~.', ('J. ".' \... ';1 ~\.:~ ;.1... ~ ,"'.~. ':'''r.-: ,r'i~~.:. j.,::,."t"f,(tf;:'.v~'~.-~"~~'l)" .~lt/";JPI:'.," '{ "~'.>-\" \..,..'.~'~ $'/;'-"""'1' , "'!';'r-'?~'.t].)~,_ \\" .If "'t.,, ,~ ';~~ ',' "":r- ".' . ,.... 't '" {'. , '", \' ., "~. '" ., I . Co,:!; ";',',\,';/>)' ~ ~!;\ ij,ll',,}_ 'r3,( ~~;:li~":" ';V"",\'\::!" ..J, :..> : :Y"'J, i'.' : ':!!i' .'..l~~,!::;,~:,';i,~:,. '1:;~,'))\'~'~i:~);. (' ~,\ ::\;' ;'1:'....<./.:\ I'." t;\.. fu:'~"~ ~ ",.;r, "~t...:r." .J~ "",\:":,t'''..: ,f h. :... ,~.;~/;. J',w ,oJ: I 'Vf '.:." J~'.,,'...~) \:;:'.1~' l~\-"I<"'''';':~ t!t.,~~ "'.ot"'"":;~~1";...:,,,!,-,\~1 ~l"..... ? :~f~ :;~j i :';:l;;:8j;,j}ij;~~:~:,i:~\~~;~Sjf~~:~{[0, /i0i;:,:h;~,~\ - - -.-.--.--.- ..-.----.-.-..-- ...------ ~... - "-""r w..,~"..~ "~'1~"'''''''~~''''W I "'Tn..'~..,~c''')'' ;:~i\/~:\~J~J;;f11 ~ji.iiir~~t~~~~wr~; . fl~J~1~;~tt~?~~\~; "'I ,,1, ..',. '~':':f',! tR..,.\}'), "'\..'>"i" I" R,~" i"",;,,,"",'h." ((i~:~:;,ffi!i;Wfu \:ti:R~i~f~~;~;1:~;~ ~~.fift*\ij/*~,~,~0?W' ~"\:.;..l_ "O:",!,"\(-l-4 !.,(,:'\-f;..~~.,I;:,f,;..I~f-'~..p.,'" ~ f{.:h,;_;,;, ,.-.I}", ~..,< l"",, ,..'{ ,;1\:~$;,'(I:SY[,Sl f.,<,~t1i&~G~ti;~1;~~1iJ '(J;P;;1"if~r,i::;~i~'::!:7. ~ ,~/j:,,;~.,;j'.. ''''..''.-" ,~;~.1 r'JI~l"';f,;fl?"l~' '::f:;4',r~..).";;.,:~, ~ r.'l.,~.~.t''";i; 1t'~", i!-' ;;':-";1 'i;~r~\qj)~;~;:.! !;;f~%f{~!;~W~fv~!;l; ~~:~!if;{N~fi~:;<<W;.~; ""."'I''f::'i''t_~'~(~ Ie ",f'^";,\',;;i\"\" i'~," -,,\,.,;~ """:c;"',J""':',"l, i:.:rL~,te).> {11.'. ;-.;'t:;I' ~"?,hi;:l~ 1.~\'1if.':1~;!;~;<;';~~~tl M8~~ ;;,;~~; q}.\'0..r ~;~'~;;\f ~:~ .1/ 'N"{'.Y;;'\ \ r-~;,.:, ~;?~'i~:::,.f.O; .,':5' ., ;-:'~ "}'i:~ ~~.,.:.;~ ~'fP:~\ "", \":..,;: ti~~i~~'.~~ \';4\. \~;~~;;};;~~~flt, Nl~~lW~i~~W}l~~:" ~f~~~P~~t~l@~:v.,:j: ~ ,; '~'/tl:.';, ::_;:~/Ii:'{h.1 ~.. ":7): "'1-'t'.r,t~~lrI'.A''"rp; K'.\~,;: .[t,!.~,.t;' ,"i'~'~"', t.,,~ .;r:. '1, ' V;iJi~;~{;?&l~ ;~%~~~~\t,r!~:fl PJr.qiHj}~~iY;V~t~M~J;it '.' ,.\J.-j;l\", . "',' L",~, ".".h\.'~'i!;"','"'r ~,A";",:......~"'.'~-: ..~:. ,\if;;' ..~,<;,.,J,..". '~';"'" ~ J;I ~". ~ l;:;;';.ql .-.~~, .':....;' '''1':.0;: "":,i."t,' ,I.;.. -~;-~! -1, tJ'"( .)' ;:Y;;d 'Si M ,\.i"~'~L7':"" C,' :'}; ?~.::m':;'{~f:,..j;l ~i:,:~;"i~}:i;.:;f1i}$g,t,,)r; &.!'H%YJ:;('\~'.ik"~'~:'~'I~)'11J.'~~}f;~~ 4 .f~"";':""! )" ~1I .... .-." . '\~.'~'1-'l;l;''''- ~(' "-' .....'...r. ."''''''( , _... .-',;..1' .n.... ~!J'.J.l;,'il~:,~'J .:';1j;,;~t,'~\l>1>1: :;:'5:;il~;;:,Y:Z;0,"b;l",iJ -~- ~i~I..'11%fi1 . i ;...; ;f,:,',),:",_ ~:~~,~i~'l;''''k:..,f.,'if,t.;:-,~P.~;:; {;F-j f 1~~:~';:S 'ji'I;-:'i~;I':; .;f,'..:.'.:. '.;};; ";):"/;1" "'t,.}, 1f, ,.",. "-<,.,,~. ~.I~'.tl<~!""-'J.' .,~"'. .". l'..""..... "",,..,. ''-.j~..;..,..,.. (; .:.." .". '.;:~""'.' '''~i'''k):,(~'!i$. '."t'-U" "'~.:'~f ;'!"':''':;,;:o'1 "I1~)\~:.".~"...<-.~"", .:;7~;"',,~:;, ".'..' '!'" 'd'";f,~t~,\,'jJ':Wi-1.P."" ." .""....; '}~'j,.\~fi.kt'i.i. ;,,(,t~.W;;X' ~\'1~J.#" ., ~, ~!'ttir'''--~,\Hf)I;_ :tf;h. ;W1iiij~d.f}j1fJ;V~;lt"' ~X1'. .:a. ,~'.. ..~m~~~I' !' ~~;v,~~)~~.~1;Jtt:~~.~~'~...:a.\ ~f1r,. .;;>'. . .j;;lr'",~:, '~?~~~:'f :r1li~,":'?j1~~~~1~d,'&~. ;t'2-'Jri~~~~"I'~'}"" (lj;'~~~~j:V~~#{rolt:. .. ;,ii. 'lOV'." ':.)-':} ~;. '.,':\:~',,:..;r-... ""~' ,-"." ',. .....;.l,. I"~:l'f.',,,~ ~i\>'"'re:e.lly~,',JI0,ij!"i)\~.'''!j!f''''lj1,",,,, ~'rfA~~~..~~"."" ;}t!~..hc\~,.::::t.\"':~'~ij1''(t.!;rf'?",i'~~f~J,i'~fj':''it.l-';:-<i,r:;!'i'~Y\i ~ ~.,r:~,!~~1E~~.)~ '~~,~~~l1@, '~~~~rt.:: ~~~r.},~~l~ '~f.$~!}!~~ f~~~~t l.t" ')'''''-''',~t/'' t.1" '''13:1. "";;;";ft:'-1.'~t:""",J..,;.~f',"0"J: ~;~;:,..o; ~"!:,. ":!'~'I''').'''-!';7~I''r ,tt.1 ~\'>i:~a,.~~,'$;f4\:'NMi'it'ir.:j1"F"~:~Xj,:(t}';';:~"?,f;1t2[J::.fJl':".i,{~,~t6t.~'J;~,t'''': ,,. , ....("l..f '''''..i''..~~I''''-';:i-\'''''''. "':'r;""";~'...j:.',,, '~tr..",-,. -r.;t't.,""""\-",, ",. If.ii,:,;:ii~1Jii'~~~~;Wi~(~%~til:S~{$~&L~~~f.t:;~~'lJ~~'i'Vt~&~~~jWP .~P...t 'J.. .'. ..j,,::,- ..w......... .. - ,.....I}...,~';J.\"'.!6~'-...flr)o(' . '~&:'b I H~ .' );t~11"'fllr'.'i'''!''1n ~"f.\\lr'i ,N',.j..~V :"~~"l'1{' '\;':;;>.:ffjf'~(l~?~!;JqJ';" f'I)}Wi~5"'t~';~~('1~~~;~~'1,~<i;4;~ ';gt;:;;&i~..~I1~t-:.'.~Jl..'~!{;{ {6t~~,'~""\'~F"\(r!i;\.;.t. ~"".."1iiIJ:.:,.: '. "..'<>-';'l\ll'i >.t'::~i)C1kFr":I811 :ft2,-.i;-) 1t~.:.:" t~""Ji':!';.I!'F.:":!I.}.'f!'I,M.! . <,~;~!"..,&:lti,~~~IJt;i'.3,::lj,:~~~ ~i~1,'\~("I:t::\r7;1W':\"';"~'~~;i~".'-;i_t\? ""':".~h. ^:)f!:t';..U~~r.:~'~".,:,,:o. ~}.Ii:~ni~":"h~'::c;l.,{',_ffi.;.. "'nj;~. ;. ":t~;\~ 10..,.. I" '~':.j"h'<Ji"',"J..".,....;;tii,'<i .. ~(\":~".~":.f'.'~""'" '1.,' .:J~-,"....,V,~~,~.., 'hY~~r~V~jf,:'j-':ti..t:'ift~"'~_''''''''~~~1~''';';:{.~l,,~i!!';:1"f;.;.\~-'~~'i"~ ,~~;_~ ..I.., '., ~ 'S~:i~~~::~.t'1Y~{'~11t.~~~"~-'~;1'r. ':t v' ,.. .'" '. i"' VICKI AND GARY FAUST, PLAINTIFF " \ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 98-1119 : CIVIL ACTION - AT LAW j'. I I I \ WILLIAM STICKEL and UPPER ALLEN TOWNSHIP DEFENDANT : JURY TRIAL DEMANDED /' ! , 1 PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, William Stickel, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER c...~/'\ . ( ,,-' ('.\ ,," By:, "./ James G. Nealon, III, Esquire Atty. 1.0.#46457 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE Or: SERVICE AND NOW, this 11th day of March, 1998, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same In the United States mails, postage prepaid, addressed to: L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 ........ fj??t! C\ James G, Nealon, III, Esquire Dated: 03/11/98 r. ii. d ,<-,/,t.-j;i ',( "."H,.' i; ,I .,', t i; .LI\~",'l ;;., in:'.. /,; [2,::.t:L -'_:..___~'.;.L!~ i< Y '., !~\_l~;____, '. 1 ~_. ~J.J.\.:;'J:;J:J.:._.lL.L~ l~ :J~..;L_~_______._. __._____._. _I3J:V''Jf\ !;J;JiT_______.______________.. ....)lei'"~ ,.., li'd,"Jl,/ ::'{""[111 Ul CIHIDSliLllilD (','"il'_)'. r -:'rl;j")'~"drjj.". ....hu L,.""') dUJ; ~'''''_'f'fr CiLCU' JJ.iIY to l:J'.,'. ~:kli'.~;. :_;'i.:.~ '';1 thlfJ 1~~o~dHLi\.rUf upon LJFFt:I~ 6J~LEn TC!h'N3E I l' ..'u;;:; ':'C'j, \'l;..'d dt.-'I~nd~ln~~, :-J~. -.---.--.--. tjlL~ 1. [)Jl~: Ci;.'; HGUh::. ClIj UiV -.:'..:;1..11 '.1 d}' 'J j i"i;.lI' ('f, I1J9e. ~1 L _-1..00 G~IJ"i~;DlJi~:L, J'l!:!~: tLECH/1,1IIC::;nUr;CLt FA 17'<155 , CUtlUEELAl1D COllnty, P&nnsYlvania. Lr hQndiny lu JLSSICA H^(KL~. SSCRETAEY AND PERSON Ij: CHARGE a tl"ue and al:LcGt0J CI)P}' 01 tt10 C.i='jJFL..A I lIT tG9Pthl:!t~ w.ilh HCrrrCE and at lll,,' ,"Hle tl1il,_' du ,,'cLl,nlJ !i'''L "c'_cr.lic'" l,~ Lt.,,, CUIILL""'''' lbo'r'eol. She.r ii:C '.;) CG:..-; t..::: Dock..:::, t inq SE'l~\'~Ci;;:' ... AfLid,}',;1. t: Su l.c:.h~ to;p::' :"~(1 cilk,....,",.." :~ r:2::'''- ~~<:~~ :"l!IIi'l.l..L.i L'. ::iU G. e._. ,',:" i~,. U:;'; ~ h. i l~i:';",a~ f1...L.:iil'':', 'n~-..... hE;'; U'j,' Ul.CI';i...EY l':,;,,_,~ L')' va dk -0%;~'~::-i .:>llel.L.Ll u~" Sl,"(JrJi ;~jnd ;:--.uL.:"I_:'- l. ~ ,.;."j '~u I;,..;.(,.. ,. i".;" L ~l i;:; t) 'ff:- oj .].' ......1.. -h..L4..L,<.J-.....' -1__- J 1"'_11"_ ,\, ,I, __0 _ ___Q..)~f~<-<._y~_______ -~il.;""'1.)11t'''.I~} I .- ._.._",0. v, IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1119 Civil Term VICKI L. and GARY G, FAUST, PlaintH fs WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED I ENTRY OF APPEARANCE , TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Upper Allen Township, in the above-captioned case. ~ , I MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN i BY: TTHEW L. OWENS, ESQUIRE 100 pine Street, Fourth Floor P,O. Box 803 Harrisburg, PA 17108-0803 I,D. No. 76080 (717) 232-9324 I DATE, ~/lt ~ B ATTORNEYS FOR DEFENDANT, Upper Allen Township , " ,j.:::, ~} "~,' ~;. {~ .:;t '< ,. (') lO C) S OJ -," -, ::rI:'J :... :", -r. r:;: !-l.1t'; ; ~U ' II;:.. I "-Jm !:,;,~; ,;,0 .'.", ',J i,)b to,... rS( ~ :il?d ., ::.:: i;.J(J ;:':: ~:J c.., l;Snl ;.I>r. ., -"I .". ?3 ~ ~ (~ .... -, VICKI L, and GARY G, FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1119 civil Term v, WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT. UPPER ALLEN TOWNSHIP. TO PLAINTIFFS' COMPLAINT 1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 and therefore, the same are denied with strict proof thereof required at trial, 2, Denied, Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 and therefore, the same are denied with strict proof thereof required at trial. 3, Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 and therefore, the same are denied with strict proof thereof required at trial. 4, Admitted. 5. Denied, Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 and therefore, the same are denied with strict proof thereof required at trial, ,". 6, Denied, Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 and therefore, the same are denied with strict proof thereof required at trial. 7, Admitted in part, and denied in part. It is admitted that the sidewalk described in Paragraph 6 was within the right of way of Rosegarden Boulevard, Mechanicsburg, Pennsylvania, The remaining allegations are denied to the extent they attempt to plead liability or wrongdoing against Responding Defendant. The remaining allegations are further denied in that Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 7 and therefore, the same are denied with strict proof thereof required at trial. B, Denied, The allegations of Paragraph B are denied in that the same plead conclusions of law to which no response is required and they are therefore denied, with strict proof thereof required at trial. To the extent an answer is deemed necessary, the allegations are denied as conclusory and as stated. 9. Admitted in part and denied in part. It is admitted that Defendant forwarded a Notice of potential litigation to the Defendant. The remaining allegations are denied to the extent they attempt to plead liability or wrongdoing on behalf of Defendant, Moreover, the allegations are denied in that Defendant lacks knowledge sufficient to form a -2- 13, Responding Defendant incorporates by reference its responses to Paragraphs 1 through 12 of Plaintiffs' Complaint as set forth herein at length. 14. (al - (el, Neither admitted nor denied. The aforementioned paragraphs are directed to a Defendant other than Responding Defendant and therefore, no response is required, 15. Neither admitted nor denied, The aforementioned paragraphs are directed to a Defendant other than Responding Defendant and therefore, no response is required, 16, Neither admitted nor denied. The aforementioned paragraphs are directed to a Defendant other than Responding Defendant and therefore, no response is required. 17. Neither admitted nor denied. The aforementioned paragraphs are directed to a Defendant other than Responding Defendant and therefore, no response is required. WHEREFORE, Defendant, Upper Allen Township demands judgment against Plaintiffs and/or Defendant Stickel, together with costs and other fees this Honorable Court deems appropriate. COUNT II Vicki L, Faust v, Upper Allen Township I l~~ j I 18, Responding Defendant incorporates by reference its responses to Paragraphs 1 through 17 of Plaintiffs' Complaint as set forth herein at length, -4- 19, (a) - (g). Denied, Paragraph 19(a) - (g) is denied in that the same contains conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial, It is further denied that Responding Defendant was negligent, careless and/or reckless under the circumstances as presented in Plaintiffs' Complaint and caused Plaintiff's alleged injuries. To the contrary, Defendant acted reasonably and prudently under the circumstances, WHEREFORE, Defendant, Upper Allen Township demands judgment against Plaintiffs and/or Defendant Stickel, together with costs and other fees this Honorable Court deems appropriate. COUNT III Garv G, Faust v, Defendants. William Stickel and Upper Allen Township 20. Responding Defendant incorporates by reference its responses to Paragraphs 1 through 19 of Plaintiffs' Complaint as set forth herein at length. 21. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 21 and therefore, the same are denied with strict proof thereof required at trial, 22. Denied. Paragraph 22 is denied in that the same contains conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial, -5- 23, Denied, Paragraph 23 is denied in that the same cont.ains conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial, 24, Denied. Paragraph 24 is denied in that the same contains conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial, WHEREFORE, Defendant, Upper Allen Township demands judgment against Plaintiffs and/or Defendant Stickel, together with costs and other fees this Honorable Court deems appropriate. NEW MATTER 25, Plaintiff has failed to state a cause of action upon which relief can be granted. 26. Plaintiffs' claims are barred and/or limited by I , , the Pennsylvania comparative negligence statute, 27, Plaintiff, knowingly and voluntarily, exposed herself to an open and obvious injury and therefore, is precluded from recovering damages in this action for the injuries described in her Complaint. 28. Answering Defendant breached no duty of care owed to Plaintiff under the circumstances described by Plaintiff in her Complaint. -6- '"' 29, Plaintiffs' claims are barred and/or limited by the doctrines of res judicata and/or collateral estoppel, 30. Plaintiff's injuries and/or damages, all such injuries and/or damages being expressly denied, were caused in whole or in part by acts and/or omissions on the part of third parties over whom Defendant had no control nor right of control. 31, Plaintiffs' Complaint is barred by virtue of the Tort Claims Act as more specifically codified at 42 Pa.C.S. ~ 8542 and 8542 (b) (7) , WHEREFORE, Defendant, Upper Allen Township demands jUdgment against Plaintiffs and/or Defendant Stickel, together with costs and other fees this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGG N BY: TTHEW L, OWENS, ESQUIRE 100 Pine Street, Fourth Floor P.O, Box 803 HarriSburg, PA 17108-0803 I.D. No, 76080 (717) 232-9324 DATE: Lit It, {q ~ Attorneys for Defendant, Upper Allen Township -7- \ ( : I i I I }~ ,., I I " " ,; .' , " I 'I I 'I I; , I I .' i: ! ~ ' r:o ....-:l n ,- :;,) '1 I :~.; :-0 ,.J -p " , .." 'I~~ r, , , ','.J "i;:~ ?:; .;':~~} ':'~ .-1 , ~'IS - r "' . ~ .- ,-il . , ,. . ~, ~ t~') , '>\i1 ~ , ~,) t..1 , =-....1 - ,. .- ::::J ::.~ . .:> '< ! " " " I ~1 f~:'" VICKI L. FAUST and GARY G. FAUST, Plaintffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1119 Civil Term v, WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER 25, Paragraph 25 contains a legal conclusion to which no responsive pleading is required, 26, Paragraph 26 contains a legal conclusion to which no responsive pleading is required, 27, Paragraph 27 contains a legal conclusion to which no responsive pleading is required, To the extent an answer is deemed necessary, the allegations are denied as conclusory. By way of further answer, Plaintiff Vicki Faust denies that she knowingly and voluntarily exposed herself to an open and obvious injury but was exercising due care in walking on the sidewalk which is the subject of this action, 28. Paragraph 28 contains a legal conclusion to which no responsive pleading is required, 29. Paragraph 29 contains a legal conclusion to which no responsive pleading is required. 30. Paragraph 30 contains a legal conclusion to which no responsive pleading is required, To the extent an answer is deemed . . necessary, the allegations are denied as conclusory, 31. Paragraph 31 contains a legal conclusion to which no responsive pleading is required. WHEREFORE, Plaintiffs Vicki and Gary Faust demand jUdgment against Upper Allen Township and Defendant William Stickel, jointly and severally, together with costs and other fees this Honorable Court deems appropriate, L. Re ickley, Esquire 121 outh Street H~ risburg, PA 17101 (717) 234-0577 FAX (717) 234-7832 Attorney for Plaintiffs '1Ft.. ,- '. VERIFICATION I, Vicki L. Faust, verify that the statements made in this Answer to New Matter are true and correct to the best of my information, knowledge and belief, I further understand that false statements made herein are subject to the penalties of 18 Pa. C.S, Date: ~{~,~~L , ~4904 relating to unsworn falsification to authorities. j Ii I,' l~ I".: ;:WIf.::" ,". .~ VERIFICATION I, Vicki L. Faust, verify that the statements made in this Answer to New Matter are true and correct to the best of my information, knowledge and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsification to authorities. Date: /-{~.~lr f I '. j , I I .-" .~ -. VERIFICATION I, Gary G. Faust, verify that the statements made in this Answer to New Matter are true and correct to the best of my information, knowledge and belief, I further understand that false statements made herein are subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsification to authorities, bate: /~/d'?}fl / iff, ~ Iu>;/ " RY . FAUS \ ) j , , ' I' ( '~ ,"'-\ .' .' 8 '0 0 _1~' Q) " I -- :t>o ::;J :... "r.iLO -" ii'fJ1 D:tr:f ::u .or:..:JJ N ~'Z :<::c:- '.0 ~d (~);:::: C'I !:':(~j ;.:, ." .", r1j:rJ :t:r-, :J: ",.n ~C) N (31T1 ~''-: .. -, '7 ::- ?d ::.J c.n -< . -, VICKI AND GARY FAUST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 98-1119 : CIVIL ACTION - AT LAW v. WILLIAM STICKEL and UPPER ALLEN TOWNSHIP DEFENDANT : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Vicki and Gary Faust and their attorney, L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED, that the New Malter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & V < , C By: Of- James G. Nealon, III, Esquire Atty. I.D. #46457 301 Market Street _9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 COUNT TWO . VICKI L. FAUST v. UPPER ALLEN TOWNSHIP 18-19. The averments contained in paragraphs 18 -19 of the Plaintiffs' Complaint are directed to a Defendant other than Answering Defendant and, therefore, no response Is required under the Pennsylvania Rules of Civil Procedure. COUNT THREE. GARY G. FAUST v. WILLIAM STICKEL AND UPPER ALLEN TOWNSHIP 20-24. Denied pursuant to Pa.R.C.P. 1029(e). NEW MATTER 25. Paragraphs 1 - 19 above are Incorporated herein by reference. 26. Any damages to which the Plaintiffs are entitled are to be reduced In whole, or In part, in accordance with the Pennsylvania Comparative Negligence Act due to the contributory negligence of the Plaintiff, Vicki L. Faust. Respectfully submitted, NEALON y C1- By: James G. Nealon,Esqulre Atty. I.D. #75647 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 " ~~~...~ .~~~/ WI LIAM STICKEL: / VERIFICATION I, William Stickel, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: 3/26/98 ':l P . .........;:.i ""--..- ~ ., f ~ "" . VERIFICATION I, Vicki L. Faust, verify that the statements made in this Answer are true and correct to the best of my information, knowledge and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa, C.S. !i4904 relating to unsworn falsification to authorities. Date: .?;(r!vJ ~~ ~d: VICKI L. A~T \ ( l I .'.-' -~.,....-. ....., '. r v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 98-1119 CIVIL ACTION. AT LAW VICKI AND GARY FAUST, PLAINTIFF WILLIAM STICKEL and UPPER ALLEN TOWNSHIP DEFENDANT : JURY TRIAL DEMANDED STIPULATION 1. On August 25, 1998, Defendant, William Stickel died. 2. On September 1, 1998, the Register of Wills of Cumberland County, Pennsylvania, appointed Kathryn S. Fuch and Jeffrey Todd Stickel, as executors of the Estate of William R. Stickel. 3. The proper party defendants to the instant action are Karen S. Fuchs and Jeffrey Todd Stickel as co-executors of the Estate of William R. Stickel, deceased. 4. The parties hereby stipulate that the caption of this malter should be amended as follows: VICKI AND GARY FAUST, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA I v. NO. 98-1119 : CIVIL ACTION - AT LAW KATHRYN S. FUCHS AND JEFFREY TODD STICKEL, as co-executors of the Estate ofWlLLlAM R. STICKEL, Deceased : JURY TRIAL DEMANDED ( '.~ . . . . Respectfully Submitted, By: mes G. Nealon, III, Esquire Attorney I.D. # 46457 301 Market Street, 9'h Floor P.O. Box 865 Harrisburg, PA 717-232-990 By: Malthew L. Owen ,Esquire 100 Pine Street, 4'h Floor P.O. Box 803 Harrisburg, PA 17108-0803 717-232-1022 \ , I ! ..... i ) .~:; "{- 'f.., ',~: J~; :\;" FilED-OFFICE Or- i!; r':"F!'(lNOiMY 98 SFP ;?I, MilO: 110 CU" ';'.i~' ":. '-"'1 I~ny "'''';~I'....\.;'...l """'.'-..1' PEI'\NS'I'LV~'M ",1 i,. ~ '.- '''", .i' r'. , v' .i.' '.~ . 'ft ::Ir-/ ~ I..", '"' -: .' . VICKI AND GARY FAUST, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1119 CIVIL ACTION - AT LAW WILLIAM STICKEL and UPPER ALLEN TOWNSHIP I Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL 1. This action arises from a sidewalk accident that occurred on or about October 30, 1997, in Upper Allen Township I Cumberland County, Pennsylvania. 2. As a result of the accident I Plaintiff vicki Faust alleges that she sustained and suffered physical injuries, expenses I and wage loss. 3. This action was commenced by Complaint by the Plaintiffs against the property owner I William Stickel, and Upper Allen Township on March 2, 1996. 4. On June 25, 1998 the Plaintiffs served Interrogatories directed to Defendant upon Defendant's counsel, Matthew Owens, Esq. A true and correct copy of said Interrogatories is attached hereto, incorporated herein and marked Exhibit "A". 5. On August 25, 1998 Plaintiffs directed a letter inquiring as to the status of the Answers to Interrogatories on Defendant's " w . ~ , j\l I' L I I' I, I ~ ~, ! I , I I " I , " counsel, Matthew L. Owens, Esq, A true and correct copy of said letter is attached hereto, incorporated herein and marked Exhibit liB". 6. Sometime on or about September 9, 1998, Counsel for your Petitioner telephoned Attorney Owens who indicated that the Answers to Interrogatories will be forwarded. 7. As of this date, Defendant has neither filed Objections to Plaintiff's requested discovery nor served Answers to Interroga- tories. I I' 8. Defendant's discovery responses are overdue. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to Order the Defendant to provide complete answers to Plaintiffs' Interrogatories. Respectfully submitted, ) ! I ~~ r L. Rex Bi 121 Sout Street Harr1~s rg, PA 17101 (717) 34-0577 FAX i 717) 234-7832 '; .. 1~ 'i " ; i Attorney for Plaintiff , , , . VICKI AND GARY FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1119 CIVIL ACTION - AT LAW v. WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Defendants JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY PLAINTIFFS TO BE ANSWERED BY THE DEFENDANT - FIRST SET TO: UPPER ALLEN TOWNSHIP and their Attorney, MATTHEW L. OWENS I Esquire 100 Pine Street, Fourth Floor PO Box 803 Harrisburg, PA 17108-0803 PURSUANT TO THE PROVISIONS of Pa. R.C.P. 4005 and 4006, as amended I you are required to file the original I and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaced provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in \ .. nature pursuant to Pa. R.C.P. 4007.4. If between the time of filing your original Answers to these Interrogatories and the time EXHIBIT "A' 1\', c, .: ;~ t 'j, .\ , J j ~ ~ . 4. Did Upper Allen Township monitor or exercise any control of the condition of any of the sidewalks in its Township and, specifically, the sidewalk in front of Defendant Stickel's home? If so, describe in detail. ':l I I"~, 6. What is Lower Allen Township and/or Cumberland County's right-of-way on Rosegarden Boulevard in front of Defendant Stickel's residence? Describe in detail and provide any documents and/or plans evidencing the right-of-way? 7. Since the construction of Rosegarden development has the Board of Supervisors of Upper Allen Township ever considered local legislation and/or ordinances which would involve the monitoring of sidewalks in Upper Allen Township and, specificallYI Rosegarden development? If so, provide any documents of any kind regarding said discussions I ordinances and/or meetings. t, ~, f':l , , , 'I . .~ " ., "'. II" " ; .i t. t. . . . 8. Was Upper Allen Township and any of its employees aware of any problems associated with sidewalks in the Rosegarden development and, specifically, the sidewalk in front of Defendant Stickel's home? If so, describe specifically. \ I ~ : ' I } I.~ ~. ~ ~~ ~1' Mi ~ /~, :.1 .~. i~1 , . , . 9. Since the incident which is the subj ect of the above captioned matter occurred, has Upper Allen Township and/or any of its employees and elected officials discussed the incident, the problems associated with sidewalks in Upper Allen Township and program of monitoring the sidewalks in Upper Allen Township? If so, describe specifically and provide any documents. --, '. r '1.'- , . . , 10. captioned conducted documents Regarding the incident which is the subject of the above matter, has Upper Allen Township had an investigation on its behalf? If so, provide the report or any associated with said investigations? ~1 , . I . ,. . 12. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. ( .' . , ., . 14. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle I or is based upon any code, regu- lation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle I code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. , I I . t ... ,_ 15. Please provide any reports, summaries or any documents relating to the investigation of the incident referred to in this Complaint. ,.,.' " ..... . . I .. ., . 16. Over the past ten (10l years, have injuries involving sidewalk problems in upper including I specifically, Rosegarden Development. there been any Allen Township If so, state: al The name and address of the injured party or parties; bl The date of the injury or injuries; cl Circumstances surrounding the injury or injuries; dl The nature of the injury or injuries; el What action, if any, Upper Allen took after the injury or injuries. . . ., . ,,, . CERTIFICATE OF SERVICE I, L. Rex Bickley, do hereby certify that on this 29th day of June I 1998, I served a true 'and correct copy of the wil:hin Interrogatories Propounded by Plaintiffs to Be Answered By the Defendant - First Set upon the fo~lowing person listed below by hand-delivering the same as follows: Matthew L. Owens, Esquire 100 Pine Street, Fourth Floor PO Box 803 Harrisburg, PA 17108-0803 Attorney for Defendant Upper Allen Township L. Rex Bick , Esquire 121 South treet Harrisb g, PA '17101 (717) 234-0577 FAX (717) 234-7832 ':'L"':: ., ..... . .. .. ~ .. I . CERTIFICATE OF SERVICE I, L. Rex Bickley, do hereby certify that on this~h day of September, 1998, I served a true and correct copy of the within Defendant's Motion to Compel upon the following listed below by hand-delivering the same as follows: Matthew L. Owens, Esquire 100 Pine Street, Fourth Floor PO Box 803 Harrisburg, PA 17108-0803 Attorney for Defendant Upper Allen Township L. Rex Bickl I Esquire 121 South reet Harrisbu , PA 17101 (717) 4-0577 FAX 17) 234-7832 i t '" . . \ .~" . '.,1 " . . Y) r~ ,.~ ~'- ,--;/ I~> ~ ~ 1- C! >" -=hi rio'll: :'<~"! (.;". , , ~ r;CJ ~:() ":.C, )..: (-.~: ?Cl =< SI;J :-:J c.n <D tJ.) en ca N ,... ::1: Q. ::r!:!I "'r- -rl n -,X' ~9. =t;-u :..)(~ (SrrI ~ _0 -< :: " ,,~ ~~ . " , " 1";"_ ~tA.,....,~..... ...,.. , - ", .' ,~:; J . , , . " , , ." '" ~'I'.-.~..... ,~" ,:..J i: ~ ') , ~ <') . ....'..'/:., .fI. ~-f . ' "'/:~, " ',' ,~.,' \." >, . '..t " ....,. .:.;.~. '.. .... ~. ,... . ". '.::)! r . 'J l "." ::,i,-:~ ~\ ";, ", .~ " " . ..... . ... " J \~'.,....' .r', ", '\. , " '~. . i , ; l' v. I' , I : ~! . " , .... :' ;'::"1 \ .. /""" ., ,-~:)I.\4, " ',. " ......-. -:.,:~'Lr.,.~:; v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1119 CIVII, ACTION - AT LAW VICKI AND GARY FAUST, Plaintiffs WILLIAM STICKEL and UPPER ALLEN TOWNSHIP I Defendants JURY TRIAL DEMANDED ORDER AND NOW I this I' ... ... day of /71;;..1.- I 1998, upon consideration of Plaintiffs' Motion to Compel, Defendant is hereby Ordered to provide answers to Plaintiffs I Interrogatories within '3b days of service of this Order, or suffer sanctions pursuant to Pa. R.C.P. 4019. BY THE COURT: /Ja- J. VICKI AND GARY FAUST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1119 CIVIL ACTION - AT LAW v. WILLIAM STICKEL and UPPER ALLEN TOWNf:HIP, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL 1. This action arises from a sidewalk accident that occurred on or about October 30, 1997, in Upper Allen Township, Cumberland County, Pennsylvania. 2. As a result of the accident, the Plaintiff alleges that she sustained and suffered physical injuries, expenses I and wage loss. 3. This action was commenced by Complaint by the Plaintiff against the property owner, William Stickel, and Upper Allen Town- ship on March 2, 1998. 4. On June 25, 1998 the Plaintiff served Interrogatories directed to Defendant upon Defendant's counsel, James G. Nealon, III, Esq. A true and correct copy of said Interrogatories is attached hereto, incorporated herein and marked Exhibit "A". 5. On August 25, 1998 Plaintiff directed a letter inquiring as to the status of the Answers to Interrogatories on Defendant's counsel, James G. Nealon, III, Esq, a true and correct copy of said '~ , ,~' ~J " VICKI AND GARY FAUST, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1119 CIVIL ACTION - AT LAW WILLIAM STICKEL and UPPER ALLEN TOWNSHIP, Defendants JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY PLAINTIFFS TO BE ANSWERED BY THE DEFENDANT - FIRST SET TO: WILLIAM R. STICKEL and his Attorney, JAMES G. NEALON I III, Esquire 301 Market Street, Ninth Floor PO Box 865 Harrisburg, PA 17108-0865 PURSUANT TO THE PROVISr.ONS of Pa, R.C.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned I of your Answers and Objections, if any I in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaced provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature pursuant to Pa, R.C.P. 4007.4. If between the time of filing your original Answers to these Interrogatories and the time EXHIBIT "A" / .- , of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly ~upplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. Respectfully submitted, June 25, 1998 leYI Esquire .D. # 23095 121 Sou h Str.eet Harris urg, fA 17101 ,(717) 234-0'j77 FAX (717) 234-7832 . 1. How long have you lived at 2808 Rosegarden Boulevard, Mechanicsburg, PA? 2. Prior to October 30 I 1997, were you aware of any problems of any kind associated with any part of your sidewalks? If so, provide: (a) A detailed description of the manner in which you became aware of the problem or problems. (b) When you became aware of the problems. (c) The nature of the problems. ~ , ! J II l ii' \ i t ~ uf :. , !:'j' il!; 1:1' . , , ;' : " I I, I ! 'I . , :,,1 ;. ,~ i 'I"~ 3. Have you ever government, complaint regarding problems with received any notice from any or other information from your sidewalks? If so: authority or any source (a) Provide a detailed description of the manner in which you received notice, complaint or information. (b) From what Source? (c) When you received the notice. (d) The form of the notice. (e) The date the notice, information or complaint was received. (f) What steps you took in response to the notice, information or complaint? 7, Did you have any outside lights turned on on the night of Octobor 30, 1997. If 00, otate what lights were turned on. i ! . i ~~ I 1....,. -- . I I i ~ ! 0" 11. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the prOfessional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the Subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle I or is based upon any code, regu- lation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or PUblication, identify the scientific or medical rule or principle I code or regulation or scientific I medical or engineering textbook or publication; (d) whether any of the experts were compensated for their Work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. 1 l .~~ " I ;Ii ,j " jl' I ,.. ::r I I, :. . , f. , Ii 1,' I r CERTIFICATE OF SERVICE I, L. Rex Bickley, do hereby certify that on this 29th day of June, 1998, I served a true and correct copy of the within Interrogatories Propounded by Plaintiffs to Be Answered By the Defendant - First Set upon the fOllowing person listed below by hand-delivering the same as follows: James G. Nealon, 111, Esq. 301 Market St" Ninth Floor PO Box 865 Harrisburg, PA 17108-0865 Attorney for Defendant William Stickel ckley, Esquire S th Street Har sburg, PA 17101 (7 ) 234-0577 FAX (717) 234-7832 , , :; "I , I, I.' I' " II, 1 1 , ",1 t. CERTIFICATE OF SERVIC~ I, L. Rex Bickley, do hereby certify that on this II day of September I 1998, I served a true and correct copy of the within Defendant's Motion to COmpel Upon the following person listed below by United States Mail, first class mail, as follows: James G. Nealon, III, Esq. 301 Market St" Ninth Floor PO Box 865 HarrisburgI PA 17108-0865 Attorney for William R. Stickel L. Rex ley, Esquire 121 Sou Street urg, PA 17101 (717 234-0577 FAX (717) 234-7832 ~ '" .' . ' :: ~ t 1 c; .) '.) (~. ::;:J "11 , 'n f:~ ~, ~ n '-0 , ,:T.1 ,'_.. , , n , t[J . -;C) "~1 , ., 0,-1 , ~~ .' , Ci) : \rn .. ;....;) ,:1 ~. ~1 .< ~ - ~.:::... .-a :'6~ VICKI AND GARY FAUST. Pluintifls IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. 98-1119 CIVIL WILLIAM STICKEL und UPPER ALLEN TOWNSHIP. Defendunts CIVIL ACTION - LA W JURY TRIAL DEMANDED IN RE: PLAINTIFFS' MOTION FOR SANCTIONS AND TO AMEND COMPLAINT ORDER AND NOW. this 10' day of Murch, 1999, following urgument thereon at which defendunt's counsel fuiled to appeur, it is directed thut the defendunt. Willium Stickel. pay. to the plaintiffs, counsel fees in the amount of$200.00. In the event that answers to the plaintiffs' interrogatories have not been provided within seven (7) days hereof, the defendant shall suffer the additional sanction of being deemed to have admitted liability in this case. BY THE COURT, /tV ,1~ Kevin A. I-less, J. L. Rex Bickley, Esquire For the Plaintiffs / / / t<.,-,.,..":"...v /1'>1.-~\.<...~L' 3/10) q <( . .).,?, James G. Nealon, IIJ, Esquire Matthew L. Owens, Esquire Richard C. Snelbaker, Esquire For the Defendants :rlm ':I, ,> ',', '~ ,'/ ttJ. f \,!)~ 1 ifi ~ r ~~ $- .: 'j: " ,.,'. " (') o.D 0 C:' o.D ::".' -1"1 : , ""TJr:';'; ~~ ? rn~.; ;!:-., "7 . ;0 :-;-;:7) zt' I 11-- "t? ~~.~. .""" u r:::" '....e) .-(.-, """ -0 '.-.1-1" ~~ i=~ :::.: (!.;:d --;.(') ~;...c: r;.? ijrn --' s! 3. :.n 11" ~J:J ..:, .' ~ . " '. .' AND NOW, this 11'h day of March, 1999, I hereby certify that I have served the foregoing Praecipe for Listing Case for Trial on the following by depositing a true and correct copy of same In the United States mails, postage prepaid, addressed to: L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 Malthew L. Owens, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108-0803 =i ~ ~~ James G. Nealon, III, Esquire ~, ':I, , I , , l'l V , !: ~ r: . r i ("J 't:> n C <D ''11 :-'~ :r: .---! -atr: );,. i1~iTI ~~}: -< -'1,-:-1 -'-I; . ;,0 (Jj .: \D ,~J(J) -< .~ ~C) " ..J"., -'; -I~ :!~CJ ..~ .-:~. ( J -':'::r6') ~ -O)iTl ;:;'--t:: ~I ~ :.n ~. ~~ l::J ", I' ~, ~; ! . ~ ~ !~ I, , I J