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Home My WebLink About98-06238 ~ ~ ~ - .:i \1 C4 ~ , '-1\ :~ " - ~ o ~ I I I I , I I , I .. ,'. " ;,.i., '. ~ ;\ , .' -,~ ...... ~~, ~ IATSHA DAVIS & Y OHE, P.c. AnOANEYS AT LAW PO"'l OHIU Box 825 H,\IUmIH1Iu;, PI:'\;:\'\''f!\,:\;.oI:\ 17108.0825' , . , " ':'... ' I:' " , ,.;':> '. : , ,.' .> . I ...,1 c". . ,', I I I I I I I 1 , ">. Cl [~ u:; N I,....:. (~; ;~~~ Ll'< , cj";': ~: ';-1 . )4.. 0_ i...:'2;-' )'J 'lJr: N ;..t.0 Cl: I '2 u..:' '''Z (l~ ;.' :z 'q"j => S-,:u. 1-" -, 1.1. m :J 0 '" C> ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel of record for plaintiffs in the above-captioned action. Dated: &.1""/'19 1 (~~Q:Jo Glenn R. Davis I . D. No. '?rc'r'o LATSHA, DAVIS & YOHE, P.C. Executive Park West II Suite 101 4720 Old Gettysburg Road Mechanicsburg, PA 17055 (717) 761-1880 2 >- C> >- ,r, <'-' :'~ .-:.. '--. c.} ~_U"'-.; , .' <..).... ;:', P,:'"t" 0.. , ~j ,,:' ~ . <"J -, ./! 0' I .j w;- r ~'~ ",;:;', X "'i~1 U. :;:'J ~.~(J. j' -, t.:.. '" :~ l) '" 0 ~Jmn!'J~AIE OF SERVICE TIll' undl'rsigl1l'd hl'n'bv Cl'rlifil's lh.lt "nlhis d.IlL'.1 trul' ,1Ild l'llrrl'cl copy "f lhl' forl'going Wilhdr.l\v.ll "f ^ppl'.lI',m<'l' ,md I'ntrv "f Appl'.lr.lIlCl' W.tS sl'rvl'd Vi.l h.lIld deli\'l'ry upon thl' following: David A. Baric, Esq. O'Brien Baric & Sclll'rl'r 17 Wl'st South Strl'l'l C.trlisll',I'^ l70!:\ Datl'd:~ G3..u.-7D:Jo GIl'nn R. Davis I , j , ~ r I' -lii7tL! ~~ I' r f. I I t ~. t~. " , ;::: 0- N I ~ ;s -, C1' C1' ?;: :-s...~ '"");:,.. (J:J' ':-1-:::' ....-:.- ':'111 )-.., ii:7-:jJ tdt '00- ~- :"5 (5 ~ or. l;.:", tj'~::, L--' elF... c.s;,:. ..1\ . :-;1.. L:', I u. o C) N M , \ 1- ~: , I l : ~ { I~ i~ I, ' I., 1, ;.., f' , i ,/ ~ i " it ',I ,I i, ~; JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--LAW KENNETH J, FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 98-~ (.)..~d AMENDED COMPL~INT plaintiffs, John E, Knowles and Joanne Knowles, file this amended complaint against the above-named defendants, and in support thereof, state as follows: PARTIE!> 1. plaintiffs, John E, and Joanne Knowles, are individuals residing at 12 Wheatland Drive, Silver Spring Township (Mechanicsburg mailing address), Cumberland County, pennsylvania. They are the parents of four minor children, Brendan Knowles, Kristy Knowles, stefan Knowles, and Kelly Knowles, who reside with them at the same address. Plaintiffs John Knowles and JoAnn Knowles assert claims in this action on their own behalf, and, as guardians, on behalf of their minor children. 2. Defendants, Kenneth J, Faulkner and Anastasia Faulkner, are adult individuals residing at 8 Wheatland Drive, Mechanicsburg, Cumberland County, Pennsylvania, OPERATIVE FACTS 3. Plaintiffs moved into their home at 12 Wheatland Drive on June 25, 1997. 4, Defendants have lived at 8 Wheatland Drive since sometime before June 25, 1997, and have been next-door neighbors of plaintiffs since plaintiffs moved in on June 25, 1997. 5, Beginning in the fall of 1997, plaintiffs had disagreements with defendants about various issues of Township codes enforcement, including speed limits on Wheat land Drive and Mr. Knowles's conduct of a home occupation. 6. As a result of these early disagreements (most of which have now been resolved), defendants apparently concluded that they would live in a perpetual state of hostility with plaintiffs, and thereafter engaged in a course of offensive and outrageous behavior, the intent of which is to cause so much stress and anxiety to plaintiffs that they will ultimately move out of the neighborhood. Among the actions engaged in by the Faulkners are the following: 2 (al On numerous occasions in October and November 1997, Mrs, Faulkner engaged in a course of stalking activity directed at thc Knowleses, which included walking up and down both sides of the Knowles property snapping pictures of their home and family from all angles, yelling insults at the Knowles children as she proceeded. On December 9, 1997, the Knowleses then-attorney, Scott Moore, wrote to the Faulkners requesting them to cease and desist from such behavior, A copy of Mr. Moore's letter is attached hereto as Exhibit "A," (b) On November 19, 1997, Mrs, Faulkner trespassed on the Knowles property and entered the Knowleses' garage to take pictures of its contents. The purpose of this photographic escapade was to attempt to initiate code enforcement activity against Mr. Knowles. (c) On January 22, 1998, Mrs. Faulkner filed a complaint against plaintiffs with the Silver Spring Township Police, stating that the plaintiff's dog went on her property. This could not have happened, because the plaintiffs dogs are restrained by an electronic fence and never leave the property. This charge was dropped. (d) On February 23, 1998, Mrs. Stacey Faulkner filed a complaint with the Silver Spring Township Police Department accusing Mr, Knowles of taking video pictures of her through her bathroom window. The Chief of Police of Silver Spring Township 3 I I','. I ."i !. ~ ~ ,i, .I~. 0' , '-1~ came to interrogate Mr. Knowles about this complaint, causing him great embarrassment. On information and belief, this accusation was repeated to other individuals, including, without limitation: MaryBeth Bucher, Sandra Book, Susan Harrell, Lanie D'Agostino, Debora Scheifflee, and Dana Dagle, The report was patently false, inasmuch as there is no vantage point on the Knowles property from which it would be possible to shoot video pictures of activities in Mrs. Faulkner's bathroom, (c) On numerous occasions for the past year, Mrs. Faulkner has stood in her yard and yelled and threatened the Knowleses' children, making such statements as "Why don't you move," "Your mother was in a crazy house," and "Your parents are evil. II (d) On september 13, 1998, Mrs. Faulkner mocked and derided the Knowleses' daughter, Kelly, who suffers from down syndrome, calling her a "retard" and other derogatory names, and making such statements as "The Knowleses are a bunch of retards and they breed retards," (e) On July 31, 1998, Mrs. Faulkner walked across the Knowleses' front yard smashing eggs on the ground, yelling obscenities, and making obscene gestures at the Knowleses and their children. That night, Mr. Knowles's trailer was pelted with eggs. The Knowleses filed a report reflecting this incident with the Silver spring Township Police on August 2, 1998. 4 (f) On information and belief, the Faulkners have made ~.: ': ! . , .. f' )' l:~ , ~, it! numerous anonymous phone calls to the codes Enforcement Office of silver Spring Township, complaining of non-existent violations. These complaints have caused township officials to appear at the Knowleses' property on numerous occasions taking pictures, to the Knowleses great embarrassment, (g) One of the Knowleses' dogs is an Australian Cattle Dog, which was donated to the family by the Cumberland county ARC for the specific purpose of acting as companion to their daughter, Kelly. This dog is registered with the Commonwealth of pennsylvania as a special needs dog, On numerous occasions, both Kenneth Faulkner and Anastasia Faulkner, sometimes with an accomplice, have taunted and attempted to entice this dog off the Knowleses' property, causing increased hazard for the Knowleses' disabled daughter. The most recent such episode involved Mrs Faulkner on October 6, 1998. (h) Both Kenneth Faulkner and Anastasia Faulkner have, either themselves or by encouraging their children to do so, 1 i \ I I ) ~ . engaged in a course of vandalism of the Knowlese~' property, This vandalism has included obscene graffiti being painted on the Knowleses' front porch, the "handicapped" sign they have erected for the protection of their daughter being torn down. and eggs being thrown. Plaintiffs cannot identify the specific perpetrator of every act of vandalism, but can state specifically 5 that Mrs, Faulkner was observed pelting the Knowles property with eggs on October 30, 1998, and her son was observed tearing down the "handicapped" sign on thc cvcning of October 31, 1998, COUNT I - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 7, Paragraphs 1 through 6 of the complaint are incorporated herein by reference. 8. The course of conduct described above has been initiated and continued with no legitimate purpose other than to make the plaintiffs' life miserable and cause them such stress and anxiety that they ultimately decide to move from the neighborhood, 9, The aforesaid course of conduct has had the effect of ~ " " .; , causing plaintiffs and their children to suffer great anxiety, with resultant physical symptoms, including, without limitation, insomnia, weight loss and digestive problems, and has made it i " impossible for the Knowleses to enjoy living in their house. 10, Defendants' actions have been so outrageous, malicious and unjustified as to justify the imposition of punitive damages. WHEREFORE, plaintiffs demand judgment against defendants in an unliquidated amount in excess of the amount requiring i, r ,i i' II I r..,. .' arbitration under local rules, plus punitive damages and costs according to law. 6 ,', , ~OUNT II - SLANDER 11, Paragraph 1 through 10 of the complaint are incorporated herein by reference. 12. In accusing Mr. Knowles of shooting video pictures of her through her bathroom window to the silver spring Township police, Mrs, Faulkner has accused him of a crime, the nature of which is to expose him to contempt in the eyes of the community, 13, Such accusation constitutes slander per se, for which plaintiff, John Knowles, is entitled to damages. WHEREFORE, plaintiffs demand judgment against defendants in an unliquidated amount in excess of the amount requiring arbitration under local rules, plus punitive damages and costs according to law. Respectfully submitted, Date: \? \, "" \ (tV K7E"E~ WOOD ALLEN(; RAHAL, LLP ',\C"CV7~>~/\ .( ~-'C Thomas E. Wood V 1. D. No. 23997 210 Walnut Street P. 0, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8040 By: ATTORNEYS FOR PLAINTIFFS 7 .1 At paragraph si, oflhl'II l'\IlI1plaint. J>laintills sellilllh ten alleged acls or actions Illllllllltedly undertaken hv l'ithel Kl'lnll,th 01 An;I\la,ia Faulknl'r which lilnnthe nlctllal hases li'r . I f . I I' the c1aill1s now asserted I, FAILURE OF I'U:,\DING TO CONFORM TO LA W OR RULE OF COURT ), Defcndanls incorporate hy rclcrencc thereto paragraphs one through four as though sel forth at length i ,I A. Intentionallnniclioll of Emotional Distress , :i !I 6. PlaintitTs allege in conclusory 101'111 that they and their children have been caused , Ii ji "to sutl'cr great anxiety, and made il impossible for them 10 cnjoy living in their house," (Compl. " :1 ., at para, 9), " Ii II 7. Plaintitls have failcd to plead any physical impact experienced by either them or , I I '\ , ,I , , their children as a consequence of any action undertaken by Kenneth or Anastasia Faulkner. i , II .I II i based shall be stated in a concise and summary form. 8. PaKC.P. 1019(a) requires that the material facts upon which a cause of action is 9. Plaintiffs' complaint fails 10 conlorm to law or rule of court in that they have failed to plead any physical impact experienced by either them or their children, 10. Further, Plaintiffs have failed to plead acts or actions purportedly done or committed by either Kenneth of Anastasia Faulkner which could form the basis for a claim of " intentional infliction of emotional distress, I [0' 2 '~ II In the C\enl I'laintills ale 01 lIIa\ he sl'ekinfllelll\l'rv IIn hehalfllr any oflhcir children as alluded 10 in paragraph ninl' of the Clllllplailll. 1'1.1ll11il1', h,l\e t:lilcd III jilin indispensable parties tolhis lIIaller 8. Slunder 12. Plaintitl's allegc that Anastasia Faulkner reporled tothe Silver Spring Township pulicc Ihat thc I'laintill: John Knuwles. was videotaping Anastasia Faulkner lhrough thc balhroom window of the Faulkner's residcnce (Comp! at para. 12) , :: 13. Plaintill's allcge that the accusation rcferred to ahovc was published as follows: 'i 'I "Upon information and bclief, this accusation was lIIade to other neighbors and individuals." i! !I 'I I, ii !I II I' Ii 'I I' i (Comp! at para. 6(d)). 14. A claim for defamation must identify exactly to whom the allegedly defamatory statements were made. 15. Plaintifl's have failed to identitY cxactly to whom the purportedly defamatory statements were made. 16. Pa.R.C.P. 1019(a) requires that the malerial facts upon which a cause of action is based shall be stated in a concise and summary form. 17. Plaintiffs have failed to plead the materiallacts upon which a cause of action of slander may be based in violation ofPa.R.C.P, 1019(a). 18. Plaintiffs have failed to plead facts which would involve Kenneth Faulkner in this claim. 3 " WIIEREFORE. ))cfendarlls. Kcnnelh and Anastasia Faulkner. rcspeclllJlly request that this ('our! dismiss the complainl of I'lainlill's or. in Ihe alternative. requirc lhalthc I'laintills tile an amended complainl which conli>rllls wilh rules of!;", and of this ('ourt. II, INSlIFFI('JENT SI'EC'lFIC'lTY IN TilE I'LEAUlNGS 1<), Dcfendants incorporate by rcference thereto paragraphs onc through sixtecn as lhough set forth allenglh A, Intentionallnfiiction of Emotional Distrrss 20. Plaintitls havc 11lilcd 10 plcad lilcts which would warrant a claim of intentional infliction of emotional distress, r: " 21. Plaintitls have failed to plead a physical impact incurred by them. I ,I :1 :1 'I incurred by them in violation ofPa,R.C.P, 1019(1). ~ : II Ii II 11 II 22, Plaintiffs have failed to plead wilh speciticity any special damages allegedly 23, Plaintitls have failed to plead with specificity facts supporting their cause of action, 8, Slander 24. Plaintiffs have failed to plead with the required specilicity those individuals or entities to whom the allegedly defamatory statement was made, 25. Plaintiffs have failed to set forth with specificity facts supporting their cause of action. WHEREFORE, Defendants. Kennelh and Anastasia Faulkner, respectfully request that Counts I and II of Plaintiffs complaint be dismissed, or, in the alternative, that the Plaintiffs be , i ! required to file an amended complaint which contains the requisite specificity, 4 " III, DEJ\IlIRIU:R 26 Defendants inl'lllp'''Oltl' hy rd'crence thereto paragrOlphs one through twenty-two ! as though set forth at lenglh A. Inlentiollallllnictioll of Emotiollal Distress 27, Thc Plaintifl's havc lililed to idenlily allY physical impact e.xpericnced by cither one of them as a consequence of any aClion by eilher Kennelh or Anastasia Faulkncr. 28. The allegcd acts oflhe Faulkners as set f(lrlh in thc complaint ofPlaintitl's do nOl statc a cause of aclion for intentional inllictioll of emotional distress as that action has bccn detincd by courts of this C0I11Illonwcalth. ': :: 8, Slander ,I 'I :1 ii " " ;! :: II II il II II II 29. Plaintitls have lililed to identity with the rcquisile specilicity any individual or '\ . entity to whom thc allegcd dcfamatory statemcnl was made by Anastasia Faulkner. , , 30. An individual oflhis Commonwcalth has a privilegc to report a crimc when they 'f i" believe a crime has bccn perpctrated against thcm WHEREFORE, Dcfendants, Kcnneth and Anastasia Faulkner rcspecttiJlly request that Plaintiffs' complaint be dismissed with prejudice, Respectfully submitted. O'BRIEN, BARIC & SCHERER ~d({, David A. Baric, Esquire 101144853 17 West South Street Carlislc, P A 17013 (717) 249-6873 Attorney lor Dcfendants CERTIFICATE OF SER,VICI; 1 hereby certily lhaton r-.;ovember 20. I<)l)l!. I. David A Baric. Esquire, of ()'Ilrien, Ilaric &. Scherer, did serve a COPy of the Preliminary Ohjeclions To Complaint, by lirst class U Smail. postage prepaid, to the party listed below. as fllllows Thomas E. Wood, Esquire Keefer. Wood. Allen & Rahal. 1.1.1' 210 Walnul Slreel PO Box 11963 Harrishurg, Pennsylvania 17108-1963 " :i :! , ., " ~_c(~__ it I' ., II ,. " " I' II !I ii I, :1 il I' I , David A. Baric. Esquire , !! I' Ii I' " it i ! 1 :i I I 'I , :' JOliN E KNOWLES and JOANNE KNOWLES, husband and wife, individually and as parents and natural guardi'lns of their minor children, BRENDAN KNOWLES. KRISTY KNOWLES. STEFFAN KNOWLES and KELLY KNOWLES. NO 98-6ns ",d( IN TIlE COURT OF COMMON PLEAS OF ('lIMJlERLANI> COIJNTY, PI:NNSYLV ANIA CIVIL ACTION-I.AW Plaintil1s. . JURY TRIAL DEMANDED V. II II I KENNETH J FAULKNER and ANASTASIA FAULKNER, husband and wife, individually and as the parents and natural guardians of their minor children. KEITH FAULKNER and KAITLYN FAULKNER, Defendants. ORDER 01' COURT \ , AND NOW. this day of . 1999. upon consideration of , I ~' the Defendants Kenneth and Anastasia Faulkner's Motion To Compel Discovery From Plaintiffs As To The Defendants First Set of Interrogatories and Docur.lent Request, a rule is issued upon Plainti!l'to show cause, ifany there by, why the relief requested in the Motion should not be granted, , 1 ~ . Rule returnable ten (10) days from service. , rf i BY THE COURT. I J .r,. JOlIN E KNOWLES and I JOANNE KNOWLES. husband . and wife. individually and as Ii parcnts and natural guardians of ii ii their minor childrcn. BRENDAN il KNOWLES, KRISTY KNOWLES. :1 STEFFAN KNOWLES and KELLY \ KNOWLES, Plaintil1s. :1 i i ': ,\ IN TilE COURT OF COMMON PLEAS OF ClJMIlERI.AND COUNTY. I'ENNSYLV ANIA CIVIL ACTION-LAW . NO 1)8.b32R' (.'...:.',J" . JURY TRIAL DEl\lANDED V. KENNETH 1. FAULKNER and ANASTASIA FAULKNER, husband and wife, individually and as the parents and natural guardians of their minor children. KEITH FAULKNER and KAITL YN FAULKNER, Defendants, , I I \ I I i II il 4019 and Rule 4006(a) of the Pennsylvania Rules of Civil Procedure which authorizes this Court DEFENDANTS, KENNETH AND ANASTASIA FAULKNER'S MOTION TO COMPEL DISCOVERY FROM PLAINTIFFS AS TO DEFENDANTS' FIRST SET OF INTERROGATORIES AND DOCUMENT REOUEST I. Defendants. Kenneth and Anastasia Faulkner. bring this motion pursuant to Rule to: (a) Compel plaintilTs to file full and complete responses to Defcndants interrogatories; (b) Compel Plaintills to respond fully and completely to document requests contained in Defendants request for production of documents to Plaintiffs ("document requests"). "~ ...., 2, On or about Deccmbcr 4. 1998. [)clcndanls scrvcd upon Plainlill's interrogatorics and document rcquesls 3, True and correct copics of Dclcndants' interrogatories and documcnt requests arc attached as Exhibits "A" and "13" and are incorporated by rcfcrcnce, 4. Pursuant to Rulc 4006 (a) (2). answcrs tathe interrogatorics werc due on or about January 3, 1999. 5. Pursuant to Rulc 4009 (b) (2), answcrs to the documcnt requests and production of responsive documcnls wcrc due on or about January 3. 1999. II "I :1 , I I I I I I I I 6, More than thirty (30) days passed aller the date of service of the interrogatories and document requesls without objections or a motion for protcctive order being filed by the Plaintiffs. 7. On or about January 13, 1999, counscl lor Delcndants received responses to the interrogatories and document requests, True and correct copies of these responses are attached as Exhibits "C" and "D" and are incorporated, 8. By correspondence dated January 19, 1999. counsel for Defendants requested that the attorney for PlaintitTs reconsider his objection to production of medical records of the plaintiffs. A true and correct copy of this correspondence is attached as Exhibit "E" and is incorporated. 9. One of the claims asserted by the Plaintiffs is lor intentional inlliction of emotional distress. 10. To the date of this pleading, no medical records have been produced by the Plaintiffs to counsel for Defendants " :i I, ,I Ii II II II I' WHEREFORE. Defendants rcspecttiJlly requests the Court 10 Compel Plaintifrs 10 tile and serVl' Iidl and compctc responscs to thc interrogatorics and documcnt rcqucsts of Dcfcndanls RespcclliJlly submittcd. =;;cr',' BY David A Baric, Esquirc Pa J.D. 44853 17 West South Street Carlisle. I' A 17013 (717) 249-6873 dah.d i r/liti~ati{)n/raulkncr/c()mpcl.m()t QI; FIN LlLillJ}} A The tenn "document" as used herein shall mean the original and any copy, marked up copy, rcvision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, howcver, produced or rcproduced, whether or not scnt or rcceived, including without limitation; mcmoranda, reports, computations, estimates, communications, financial reports or statements, notcs, transcripts, letters, correspondencc, intra or inter office communications, envclopes, tclegrams, cables, telephone messages, mcssages, summaries or records of telephone conversations, summaries or records of personal conversations or intervicws, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical rccords, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of mcetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulars, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiffs or their agents, officers, employees or attorneys. B. "Propounding Defendant" means Kenncth and Anastasia Faulkner. INSTBllCTIONS If you objcct to the production or idcntification of any documcnts on thc grounds that Ihc attorney-client, attorney work product or any other privilege is applicable thereto, with respect 10 lhat document: (a) State its date; (b) Identify its author; (c) Identify each person who preparcd or participatcd in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (I) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and (h) Provide sufficient inforrnalion concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. INTERROGATORIES I. Please identify any and all documents in your possession, custody or control which relate or refer to the disagreements regarding issues of codes enforcement as referenced at paragraph 5 of your complaint. ANSWER: -"... 11. Please idcnlify any and all medical records or reports which relate or refcr to any of thc conditions or impairments identified by you in response to interrogatory number 10. ANSWER: 12. Do you still reside at 12 Wheatland Drive, Mechanicsburg, Pennsylvania. ANSWER: 13. Have you made any attempt to sell the property located at 12 Wheatland Drive, Mechanicsburg, Pennsylvania. ANSWER: 16, Please identify any civil liligation to which you have been a party and for each mailer I " i identified provide the venue of the action, the court tiled in , the case name and dockel number ANSWER. ~ I; , ! I I; 17. Please identity any and all videotape or photographs in your possession which contain any image of Anastasia Faulkner, the Faulkner's residence or other property or possessions of the Faulkners. ANSWER: '~ i It, ~ I, " ;', \ I' :! j'...., ,,'''' , -", ". ., ,',., . .' .'''' ':.. . '. . I". . . '. ~ - .~. ..':. . . . (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and (h) Provide sul1icient information concerning the document and the circumstances thereof to explain the claim of privilege and \0 permit the adjudication of thc propriety of that claim As referred to hercin, "document" includcs written, printed, typed, recorded, or graphic mallcr, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, noles, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REOUESTED I. Please produce any and all documents identified in your answers to Defendants First Set of Interrogatories Propounded Upon Plaintiffs, 2. Please produce any and all medical records which relate or refer to your mental and/or physical well being for the last ten years. Respectfully submitted, ~;I~RER David A. Baric, Esquire J.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 c, The identify of the persons making the communication, ANSWER: Plaintiffs are currently unaware of the precise date and the precise comments of each communication, and will need further discovery to ascertain these facts, 5, Please describe every fact Known by you which supports your contention that the defendants made "anonymous phone calls to the Codes Enforcement Office of Silver spring Township" as alleged at paragraph G(f) of your complaint. ANSWER: Comments made to plaintiffs by Jerry Zimmerman, Code Enforcement Officer, and testimony given by Mr. Zimmerman at the Zoning Hearing relating to Mr, Knowles's home occupation indicate that complaints were received from the Faulkners. The phone logs of Silver spring Township also indicate that numerous anonymous complaints were received, Inasmuch as the Faulkners were the neighbor taking the most interest in shutting down Mr. Knowles's home occupation, plaintiffs believe that some or all of the anonymous calls originated with the Faulkners, Plaintiffs also know that Mrs, Faulkner approached Mrs. Debra Jacobs and Mr. Mike Ward and asked them to submit complaints to the Township about Mr, Knowles's business. 4 6, please identify any and all witnesses to any of the acts as alleged by you at paragraphG uta) throuqh (h) of your complaint, ANSWER: (a) On information and belief, Mrs. Dana Dagle, the neighbor immediately across the street from the Faulkners, has witnessed some of the events, (b) stefan Knowles saw Mrs. Faulkner peeking through the Knowles'S family room window. Mr, Jerry zimmerman of silver spring Township was shown pictures that Mrs, Faulkner took inside the Knowles's garage. Mrs. Faulkner has admitted to Mr, Knowles that she has been on his property taking pictures, (c) There are no witnesses to the dog leaving the yard. police did not come to investigate, (d) Mr. and Mrs. Knowles and two of their children witnessed these events, (e) The entire Knowles family observed Mrs. Faulkner's actions and verbal assaults, (g) The Knowleses possess video tape recordings of Mrs. Faulkner, accompanied by an accomplice, Marybeth Bucher, attempting to call the Knowles's dog from their property. (h) The Knowleses have video tape recordings of Mrs, Faulkner vandalizing their property with eggs being thrown from her car Oll October 30, 199B. 5 Mr. Knowles observed Keith Faulkner walking away from the torn down handicapped sign on the evening of October 31, 1998. 7. For each witness identified in response to interrogatory number 6, please provide the following: a. The date(s) of the alleged act. b. Any statements in your possession, custody or control which refer or relate to the act(s). c. Any photographs in your possession, custody or control which refer or relate to the act(s). ANSWER: a. The dates of the alleged ~cts are set forth in the complaint. b. No written statements were taken. c. Plaintiffs have video tape and records of many of the actions complained of. 8. Did you own any equipment capable of taking videotape photographs as of February, 199B? ANSWER: Yes. 6 9. If the answer to interrogatory number B is in the affirmative, please identify all videotape footage taken by John Knowles for the period January, 199B to march, 199B. ANSWER: plaintiffS have approximately 200 hours of videotape that was taken by surveillance cameras mounted on their property. None of it was taken by John Knowles personally. 10. Please identify any and all mental and/or physical conditions or impairments which you have experienced as a consequence of the alleged act(s) of the defendants. ANSWER: plaintiffS object to revealing information about their children's psychological problems to the Faulkners. This will probably only be passed on to Faulkners' children, who will use it as fodder for fur~her harassment and taunting of plaintiffs' children. plaintiffS are willing to reveal medical information about their children to counsel subject to a confidentiality order that precludes disclosure to the Faulkners. 11. Please identify any and all medical records or reports which relate or refer to any of the conditions or impairments identified by you in response to interrogatory number 10. ANSWER: Medical records are in the possession of Hershey Medical Center and the Cumberland Valley School District. plaintiffS have not yet requested copies. 7 lB. please identify any and all medical records which support your contention that you havc expericnccd mental distress. ANSWER: ~ answer to interrogatory number 11. Date: I I \"7 1ft K~EFE: WOOD ALL~& RAHAL, LLP .. ~\,v---'o<.-L / Thomas E. Wood 1. D. No. 23997 210 Walnut street P. O. Box 11963 Harrisburg, PA 1710B-1963 (717) 255-B040 )~ By: ATTORNEYS FOR PLAINTIFFS 10 JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION--LAW Plaintiffs KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 98-632B RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS PROPOUNDED UPON PLAINTIFFS l(a) . Documents pertaining to code enforcement disputes can be seen at the Silver Spring Township Offices. l(b) . Plaintiffs will attempt to secure copies of medical records and provide them when they are received. 2. Plaintiffs will produce medical records which relate to the period covered by the complaint. Plaintiffs object to EXHIBIT "0" medical records from earlier periods, which are private, confidential, and irrelevant to any issue in this litigation. Date: \ \ 17 ( (, II By: ~~ WOOD AL~N /r'jHA.lf LLP ''--_) ~rv-'-'~ ~ {X~.C ~J\ Thomas E. I'lood 1. D. No. 23997 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-B040 ATTORNEYS FOR PLAINTIFFS 2 JOliN E KNOWLES and JOANNE KNOWLES, husband and wi fe, IN TilE COURT OF COMMON PLEAS OF ClJMIlI;RLANI> COUNTY, PENNSYLVANIA PlaiJ1litls, CIVIL ACTION.LAW v NO 98-6238 CIVIL KENNETII 1. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL. DEMANDED " I I Defendants Q,RTIFICATE OF SERVlq~ I hereby certify that on March.5' , 1999, I, David ^ Baric, Esquire, of O'Brien, Baric I I ! i , I, II :1 II Ii II & Scherer, did serve a copy of the Defendants Kenneth and Anastasia Faulkner's Motion To Compel Discovery From Plaintitls As To The Defendants First Set of Interrogatories and Document Request, by first class U S mail, postage prepaid, to the party listed below, as follows: Thomas E. Wood, Esquire Keeter, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, Pennsylvania 17108- J 963 ~cP c: d David A. Baric, Esquire :~(~~h;~C~;2~,:,;;:~~i~,,:~~ij:::';::,,',:~'/;';'.:/.:;< .~, "r; ;;~~:;;W~~r,i:l~'I,;7;A';\i-"':""::"/':'f-~:;"":i,'.:'" .;..(,:~_. , , ~<,.:t:- ,',': ... .....; "',"",- " \,'" ;"'.." ",' ,,.,,., ,,:'.:'i; . . I.. '. . ~ . - , ", ,. . ~ . -. . ' JOliN E, KNOWLES and JOANNE KNOWLES. husband and wili:, individually and as parents and nalural guardians of their minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES and KELL Y KNOWLES, Plaintiffs IN TI II: COIIRT OF COMMON I'I.I:AS OF Cl IMBI':RLAND C( II INTY, I'ENNSYLV ANIA v. CIVil, ACnON - LA W KENNETH .I. FAULKNER and ANASTASIA FAULKNER, husband and wife, individually and as thc parents and natural guardians ofthcir minor childrcn, KEITH FAULKNER and KAITLYN FAULKNER, Defendants NO. 98-6238 CIVIL TERM ORDER OF COURT AND NOW, this t.~Jday of March, 1999, upon considcration ofthc attachcd letter from Thomas E. Wood, Esq" attorncy for Plaintirts, the discovery conference/hearing prcviously schedulcd in this mattcr for April 15, 1999, is RESCHEDULED to Wcdnesday, Junc 2, 1999, at 3:30 p,m., in Courtroom No, I, Cumberland County Courthousc, Carlislc, Pennsylvania. BY THE COURT, i{ I .' I I / ~ L(,_,), (>(~7 J. ~eSleYOlc~. \ Thomas E. Wood, Esq. 210 Walnut Street 1',0, Box 11963 Ilarrishurg.I'A 17111X-1 %3 ^llonlcy ",r I'laintirl;; '. (1',)"" .,It'do,l :~/J .1./1'1., __\ 1 David A, Baric. Esq. 17 West South Strecl Carlisle.I'A 17013 ^Ilorncy for Del'endants :rc ; I , i I. I I '.,11/111/11'\ II'/lHII',\', IU HII'.C .W'III'HUI / 'II.'" \'III'/' ,\111"" (',,,/111.,, /'1"/111\ /\,11/111 "'(J/ 3 Sf!'\'I'II./ ""/""1111 I Jfl 'o/IIUI'I Uohl'tll. (fIJI'Ic'lI l)m'I(I,1 /lel,.,e .'''cJwl'l..1 Sd/l'tl'l' F-mml o",,'llt'/lIt"t" (7/7) J-If)-6873 I<IX ,7/7) !./'1..1155 JanualV II), 11)1)1) Thomas E Wood, Esquire Keefer, Wood, Allen & Rahal, I.I.P 210 Walnut Street 1',0. Box 11963 Harrisburg, I'ennsylvania 17108-1 %3 RE: Knowles v. Fuulkner c.c.P. Cumbo Cty. No, 98-6328 Dear Mr. Wood: Enclosed for service upon you tind a copy of a subpoena directed to James Hall, Zoning Officer for Silver Springs Township, which I intend to serve. I have received and reviewed your responses to our First Set of Interrogatories and document requests. I do not agree that medical rccords predating the ostensible injuries suffered by your clients in regards to the instant matter are not required to be produced. To the contrary, having placed their physical and mental conditions at issue in this maller, all medical records of the plaintift's are relevant and fully discoverable 1 would ask that you revisit this issue and provide me with your response so 1 may determine whether it will be necessary to seek to compel that information If you have any questions or would care to discuss this mailer in more detail, please contact me. Very truly yours, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire DAB/jl Enc. cc: File dah,dir/lili~ation/faulkncr/wood2,llr . I( III', I I; ',11\'.1 I." ;,,,.1 I( )\', '.,1 I. ',( I'" I I " L ,,1',:11.1 ;:1,1 \'.ill". )', III1 (Ill I\! "I (()\1\11)', I'll \" '" (I \11\11(\\',1)( "I "IV 1'1 "',"VI \ \',1\ Pl. 1,:111.... ( I \'11\( III I', 1 '. \\ \. ',I) '>sJ,:' \S ('1\'11 \;1 ','.:1111.1 1,\1'1 L'..:! J~ ;",.1 /,' .:'.\1..\'1:\ I :\{ '\ !~".f \.',. ~., ..'id j,'d \'.ill.'. .11 n : 1.1'.1 III \1 ':,1;1 :) Def,'n.lanh SliBI'OI:!'.;'\ TO I'(WIH:n: 1l0CDIU\TS OR TIII:\(;S FOR DISCO\TRY PIlRSL\!\T TO lU'U: 400<1.22 TO: James lIall, Sih'er Spring TO\lllShip Within twcnty (:::0) days after service oflhis subpoena, YOll arc ordcrcd by the court to produce thc following documcnts or things. Any and all documcnts, records or \\' ritings \\' hich reOect, refcr or rclate to any matters \\' hich have appearcd beforc <'f been dccided by Silver Springs Township oOicials or reprcscntatives of or pCl1aining to John Kno\\'les amUor Joannc Knowlcs Y(lt! m~l\" :h:li\'l'l {'! m::il k~ibk c{\pi('~ (,flh,: dU('lJt;ll'nl~ Oi I'rl)du,'\.' t1::ng~ rl'qu~',~'."~ l',~ tt:.' :".:l:/,c.:',:. 11':':...'t1l:.:r \'..:11 t;lC ccnit"l-'::,l.I.' (lrC~)i:ll'li:::\..'" to t11\,: p.~n~ m:ll.ill~' thi~ IlQl1l':--t ,,' dol t~.11l(l\','il1t i~Jd!I.'~~ O'lJ:ien. Baric ,,",1 Selle) ,'I 17 II C;\ South S\I ed Ca'hk.I'.\ 17013 c'c' D::yjJ ,\ I\;:li,'. belllire YtJ.! h;!\l' tlH.: right tp !-l'l'\. ill ,:d\',IIl("l' Ih\..' l'l';::-.L)I~;il,1t: l'(lSI ()fpll'p;\ring tlll' f....npics or ploJuciJl:.! till' Ihin!..'.~ sOll~hl - - - IfY\1~1 1'..:1 IP j'n1Jucl' tl1...' dl'~'l!~1'i:";'I> 1I1" Ihil,~':- 11.:qui!l\1 by thi:, ~llbl';,cl\a \\ithin 1\\l'nt) (:(11 d:1'\:- ::ftl.'! it.... ~.J\"i,:... i11:'" p:~qy ~,r.. ;T," \h;' ~:l!1\1",:.:i1:~ 1l1:~Y ~l,,:d. ;1 ('nun (\;(1('1 C01l1pl'lIin:.' ~\iU ;(, l'C::'lj'1y \'. ;',1. i: J()11~ E KNOWLES and JOA~NE KNOWI.I:S, hl"band ami wife, I~ TilE ('OtJIU m COMMON PLEAS OF ('\ '~lIILRLA~D COl'NlY, PENNSYLVANIA Plainlilr" ('1\'11. ACTlO:-';.IAW V :-';0 I)H-ll2.1X CIVIL KENNETII J FAULKNER and ANASTASIA FAlJLKNI;R, husband and wilc, JURY TRIAL DEMANDED Dclendants CERTIFICATE OF SERVICE OF SUBPOENA lINI>ER RllLE 4009.22 The undersigned docs hercby certify that I. The notice of intent 10 serve a subpoena was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2, A copy of the notice of intent, including the proposed subpoena attached to the notice of intent, is attached to this certificate, 3, No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. J, // .:. /l. ./"7 /" . /' ~ ./ ./Vl/!C=--_~/ (;,. 0-;,....... I David A. Baric, Esquire Attorney for Defendants DATE: Z(i."f!1C;' " . JOliN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--LAW KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 9B-6238 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, plaintiff, by its undersigned counsel, certifies that: (1) a notice of intent to serve the subpoena with copies of the subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; (3) no objection to the subpoena has been received; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; and :t-. the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within 20 days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Thomas E. Wood 1. D. #23997 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut street P. O. Box 11963 Harrisburg, PA 1710B-1963 (717) 255-B040 (ATTORNEYS FOR PLAINTIFF) BY THE COURT: DATE: By: prothonotary Seal of the Court 2 JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN : KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--LAW KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 9B-6238 TO: Document Custodian CCI Construction Company, Inc. 203 Lynndale Court Mechanicsburg, PA 17055 ~ " .\ !, !I Pursuant to the attached subpoena, you are ordered to produce copies of any and all documents, records, or writings, including phone logs or telephone billings, to show telephone calls initiated by Kenneth Faulkner frore your place of business or from any portable or cell phone account held in the name of your business. \ Dated: ~I nl 't r 2t~ ~C~" t I , , 1. D. #23997 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P. O. Box 11963 Harrisburg, PA 1710B-1963 (717) 255-8040 ; I i ! ATTORNEYS FOR PLAINTIFF \ Exhibit "A" JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--LAW KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 9B-623B NOTICE TO: Document Custodian CCI Construction company, Inc. 203 Lynndale Court Mechanicsburg, PA 17055 You are required to complete the following certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: Name '>- "' ,.. lr 1- ~:" " , , ('-; ":1.'. t"l', " 0:. , " '. -"" C ., (L:."'. " .... . '-'- " (1\ L' C, -, , (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ,~C) GW Thomas E. Wood 1. D. #23997 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-B040 (ATTORNEYS FOR PLAINTIFF) Date: ?-- ( I ( l C{ \ 2 JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents : and natural guardians of their: minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--LAW KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 9B-6J2B NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You will have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. '"~ 2~ 1. D. #23997 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-B040 Dated: Ilz~{ C( 1 ATTORNEYS FOR PLAINTIFF JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN : KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION--LAW Plaintiffs KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED Defendants No. 98-623B SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Document Custodian Codes Enforcement Office Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Within 20 days after service of this subpoena, you are ordered by the court to produce the following documents or things: [.s..e.e attached Exhibit "A"] at the law offices of Keefer Wood Allen & Rahal, LLP, 210 Wulnut Street, P. O. Box 11963, Harrisburg, PA 1710B-1963. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at '< ",-- -, C-, l....: I' r: , i. L_ " C.;Ji l':' [: " [;", , r:, ; F u, " c l.. t_l_ e" (i u c:' i,.'UUl."t. ^dmlIli~;tl"dLul 4th Floor Cumbt:t"land County CourthuuBe Cell-lisle, l'A 17013 (717) 240-6200 KEEFER WOOD ALLEN & RAHAL, LLP ( l,~,~,(\ Date: 1\ 1 By: I' Ii '. .," '-- --\ \' '. ""t. ATTORNEYS FOR PLAINTI FFS 2 QP.ERATIVE~ FACTS J. 111d1111. i I f~: r;i!!'/"d int() t !l..j I !:r,:;;.' <it l:~ \.'Jh"dCl,IIld Dt"iv(: on JUlie 'H ~. _.1 1:J SO. 4. Dt:ft'ncldllL:; 11.1'/'< I j'J."j .11 :~ 'dil".ll j,ll1d Dri'/.- sincl~ somet ime be (ore JUllf~ ). 'j, 1 'j~J'I, dlld hay>:: l.>'::t~Il nl.::-xt - door ne ighbors of plaintiffs f;ince pl;'tntift~; tin'I..::d III 0;1 ,JUlk~ 25, 1997. 5. B'2ginnlng in th." fall of 19~7, pl,:,intiffs had disagreements with defendants about various issues of Township codes enforcement, including speed limits on Wheat land Drive and Mr. Knowlesls conduct of a horoe occupatiofl. 6. As a result of these early disagreements (most of which have now been resolved), defendants apparently concluded that they would live in a perpetual state of hostility with plaintiffs, and thereafter engaged in a course of offensive and outrageous behavior, the intent of which is to cause so much stress and anxiety to plaintiffs that they will ultimately move out of the neighborhood. Among the actions engaged in by the Faulkners are the following: 2 {.-il rill Il\Hl1": I J', I:; . I::: I.:; ::1 ()r'! ')\)" I ,I: t', 1 j,;( >'1' 'fill),' I 1997, Mrs. Faulkllt,t" f'll'J,lq,~d ]/1 ,I ",~,l::;t' ul. ~;r.dly.ilFl ,lcLivity directed at the KIlo,,,,,j.>:;,,:,;, ir/hieh included w(llkin~~ up dlld down both sides of the Knowles properLy snapping pictures of their home and family El'om all angles, y'clling insults at Lhe Knowles children as she proceeded. On December 9, 1997, the Knowleses then-attorney, Scott Moore, wrote to the Faulkners requesting them to cease and desist from suell bellavior. A copy of Mr. Moore's letter is attaclled hereto as Exhibit "A.II (bl On November 19, 1997, Mrs. Faulkner trespassed on the Knowles property and entered the Knowleses' garage to take pictures of its contents. The purpose of this photographic escapade was to attempt to initiate code enforcement activity against Mr. Knowles. (c) On January 22, 1998, Mrs. Faulkner filed a complaint against plaintiffs with the Silver Spring Township Police, stating that the plaintiff's dog went on her property. This could not have happened, because the plaintiffs dogs are restrained by an electronic fence and never leave the property. This charge was dropped. 3 (ell On Fcbnldl'Y :~3, 1:!:J~~, Ml"~3. Stacey FduLknCl decuned j.ll. r:wJwl..:; uf dr-,llllj 'jid..() t,i{.tlll-f'~; iiI hI'!' throuqh h(~I- b.:lt:hnx)[1l windo\'/. On information ,-1nd beli.t~f, tilLf; accusation was made to otllf:t: neighbors v.nd individualfj. Th'2 Chief of Police of Silver Spri!l~1 Township came to inlt::t-t"ogat.:! Mt-. KnovJles about this complaint, causing him great ernbcU"l"()SSment. The report was patently false, inasmuch as there is no vantage point on the Knowles property from which it would be possible to shoot video pictures of activities in Mrs. Faulkner's bathroom. (c) On numerous occasions for the past year, Mrs. Faulkner has stood in her yard and yelled and threatened the Knowleses' children, making such statements as "Why don't you move, " nYour mot.her was in a crazy house, 11 and "Your parents are evil. II (d) On September 13, 199B, Mrs. Faulkner mocked and derided the Knowleses' daughter, Kelly, who suffers from down syndrome, calling her a "retard" and other derogatory names, and making such statements as "The Knowleses are a bunch of retards and they breed retards." 4 !r, ;':II(JW]i':;,':;' pn)p"f"ty, (',l\1~;1J:'1 ili"l'"l::' ll:/;'ll,j :'" t;,. fl:'W]' ::," Ii ::,d);,.d rl,lll<JClt "I . (11) Th,~ F,I,llkll"I;; lJ IV", "it 11"f I h,'m;;,'i'J.':: (II li'/ (~IlCOUt'agjllg tlE:i r ell! illl "11 t () (jf) ;;(), "llq,lq.:(l ill ,I ('(Jtln;,' '.JI vandalism of the Knowl,',;,,;!;, 1,,juP"ILy. 'I'hi f; vilndd 1 i :3!l1 hdU included obscene graLfiLi being paint;,'d OIl tht~ Knowlent!:.i' fIord porch, the "handicappt:d" ~.;j~111 thi.::y lld\J'~ '.:!",:cl,'d j Uj" the protection of their dauqhler being torn dowll. dlld (:qCjH b,":inq Lhl'O"II1. In particular', Mrs, Fcllllkll;~r ~'J,-'L.; ()bs...>r'v,:d Ey:Itillq tb,.' Knowles property with eggs 011 Octobet. 30, 1998, and her SOil was observed tearing down the "hilndicapped" sign on the evening of October 31, 1998. COUNT I - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 7. Paragraphs 1 through 6 of the complaint are incorporated herein by reference. B. The course of conduct described above has been initiated and continued with no legitimate purpose other than to make the plaintiffs' life miserable and cause them such stress 6 ill'l II.;.: 1 ,.:.,. ! h,ll ! Ii,'',' ,,! 111\ It ", I j." 'I ,I.. I', m' "i" f II)[!\ t il,. :," 1 "Ill, 'I Ij' " "l. 'J. TIi.. ,dC)I":;,i; j "()\Il::" 'J: (:Ulldllct l:,I~; h.ld Ltl'~ t:ff,-,ct of ('dU.Ulrlq pldint ill:; <lnd tJ:,_'il (_'hi Jdl-"~n to ;;lI!lt.'r <JI'('dL anxiety, ,llld Ill-Hh. it i11\pu:;;;tLlj., jll!" 11I,':n f U '-'ll-joy livill~J ill Lhcil" house. 10. Defendants' dctloIW have been so outrageous, malicious and unjustified as to justify the imposition of punitive damages, WHEREFORE, plaintiffs demand judgment against defendants in all unliquidated amount in excess of the amount requiring at"bitl"atloIl under local rules, plus punitive darnages and costs according to law. COUNT II - SLANDER 11. Paragraph 1 through 10 of the complaint are incorporated herein by reference. 12, In accusing Mr. Knowles of shooting video pictures of her through her bathroom window to the Silver Spring Township Police, Mrs. Faulkner has accused him of a crime, the nature of which is to expose him to contempt in the eyes of the community. 7 \ ~ ~ '- 0' . ~ r" , ;:' -... ~ C;'\ ~ r0 ...; , \ ~ , ." ~ : . j , ,;.. , , , , 1,1. '-. ,., \j c '-'~ u .t , JOliN E KNOWLES illld JOANNE KNOWLES, hu,band and \\ill', imhvidually and as parenl,; :lI1d n:llural guardian, (If their minor children, BRENI>AN KNOWLES, KRISTY KNOWI.I;S, STEFFAN KNOWLES and KELLY KNOWLES, IN If IE COURT OF COMMON PLEAS OF ClIMBERLAND COUNTY, PENNSYI.V ANIA ( CIVIl. ACTION.LAW l.t ~ NO ()8-63211. ,.~,~.j ~ , Plaintitls, JURY TRIAL DEMANDED v , , ,. , KENNETH 1. FAULKNER and , ANASTASIA FAULKNER, husband ,I and wife, individually and as parents and natural guardians of their minor :1 children, KEITH FAULKNER and :i KAITLYN FAULKNER, Defendants, Counter.Plaintitls. NOTICE TO PLEAD ~' t t, :; . \ . , i, , TO: John E. Knowles and Joanne Knowles c/o Thomas E. Wood, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street 1'.0, Box 11963 Harrisburg, Pennsylvania 17108.1963 . ; I" ! You are hereby notified that you have twenty (20) days in which to plead to the enclosed I ~ Answer, New Maller and Counterclaim or a Default Judgment may be entered against you, O'BRIEN, BARIC & SCHERER ~P?!cf, j. I ~~ David A Baric, Esquire '(. 2 Admitted 3 "'ll-lleasonable investigation, Ken and "nasl,,,ia Faul~ncr are without knowledge or infillmation sotlicil'l1l to tllllll a 1ll'licfas Ihe Innh oi'lhcSl' alellnl'nts ,ulllthey an:, thercl(>re, dcnied 4. Admitted in part and denied in part It is admitted only that the Faulkners have lived next door to the plaintitls tor some period of time and that the Faulkners began living at 8 Wheat land Drive betore June 25, IlJlJ7. At\er reasonable investigation, Ken and Anastasia ,i Faulkner are without knowledge or information sutlicient to form a beliefas to the truth of the :i ., ,i " ! remaining averments and they are, therefore, denied. 5. Denied. To the contrary, disagreements regarding codes enforcement issues in the " ji :1 , :1 :1 Ii " II II q II I' township of Silver Springs are issues controlled and dealt with by the township and its agencies. Upon information and belie!: the plaintitls were found by Silver Springs Township officials to be in violation of township zoning through the conducting ofa business by the Knowles' at their ',j " residence. Likewise, upon information and belief, the plaintiffs dealt with Silver Spring township officials regarding the designation of speed iimits for the neighborhood. 6, Denied. To the contrary, Ken and Anastasia Faulkner never reached any such conclusion, never engaged in any course of outrageous or offensive conduct and have never caused sueh stress and anxiety to the plaintiffs that the plaintiffs have been compelled to move ~ , from the area, In point of fact, the plaintiffs continue to reside at the same residence, Any hostility as between the parties has been the result of outrageous or offensive behavior on the part n of the plaintiffs, , . 2 " ~.. " ,. , " II d " " ;i I I I, , (c)(sic) Denied Ar.."tasia Faul~ner has not acted in the I1lshion alleged. (d)(sic) Denied Anastasia Faulkner has not acted in the I1lshion alleged. (e)(sic) Denied The actions alleged to have been under1aken hy Anastasia ., i' " Faulkncr are denied Aller reasonable investigation, Ken and Anastasia Faulkner are without Ii " " !! ! , " " knowledge or inf(J[Jllation sutlicientto f(mll <I belief as to the truth of the remaining averments and they are, therct(lre, denied. (1)( sic) Denied To the contrary, the Faulkners have contacted Codes Enforcement " , :i otlicials of Silver Springs township unly when it appeared that the plaintiffs were conducting I :1 i ii I' , , actions which may violate the zoning requirements of the township. It is denied that the plaintitls have suffered any "great embarrassment" as a consequence of any investigations conducted by I I I I i' :1 II II Codes enforcement representatives of the township. Any such embarrassment was a consequence of the actions and activities of the plaintifls themselves, By way offurther answer, the plaintiffs were found by township ofiicials to have been conducting a business on their property which was not in conformance with the zoning requirements of the township. (g) (sic) After reasonable investigation, Ken and Anastasia Faulkner are without sufficient knowledge or information to form a belief as to the averments regarding the pedigree of the plaintiffs' dog, how the dog came to the plaintiffs, the registration of the dog or the purposes of plaintiffs in acquiring the dog and these averments are, therefore, denied. It is denied that Ken and Anastasia Faulkner have attempted to entice the dog from the plaintiffs property or that some risk is imposed thereby to the daughter of the plaintiffs, (h)(sic) Denied, If plaintiffs cannot identitY the "perpetrator of every act of vandalism" how can Ken and Anastasia Faulkner respond in a meaningful fashion to such illusory 4 allcgations It is denied that Anastasia Faul~net or hcr son pet l(ll IIlcd the acts as allcged COIINT 1- INTE:"\TIO:"\AI. I:"\FI.ICTIO:"\ OF D10TIO:'\OAI. I)ISTRESS ., Defendants inl'Orpolate b~. lell'rl'nn' their anSllelS to paragraphs one through six as though set thrth atlcngth 8 Denicd It" denied that the I'aul~ners hale set about upon somc course of conduct to cause stress and anxicty to thl' plainlilrs with the purpose of I()[cing plaintin's from the neighborhood To the contrary, any stress, anxiety or lIliserableness which lIlay have been encountcred by thc plaintitlS is a conscqucncc of tbcir own actions 10 include oJrensive and outrageous behavior onthcir part 9. Denied. The Defcndants have not caused any such anxiety and it is denied that the symptoms alleged have occurred or are a consequence of any actions on the part of the Defendants. It is denied that the plaintin's are unable to enjoy living in their house. They continue to live there to the present day. Moreover, any reduction in the enjoyment plaintiffs may have experienced is a consequence of their own acts and activities in the neighborhood. WHEREFORE, Detendants request that judgment be entered in their favor and against the plaintins together with costs of this action and attorney tees. COlJNT 11- SLANDER 10. Defendants incorporate by reference their answers to paragraphs one through nine as though set forth at length. 11. To the extent these averments constitute conclusions of law, no response is required. To the extent a response may be required, these averments are denied, 5 I:! To the e\te111 Ihl."c.' :\\1.'11111.'111, I,.'OIl,lilllle c.:ondU\lOlh ofLI\\. 110 1C."pOIl'C.' i, required To the c\t.'nt a resl""'''' m;I). be requill'd, thcsc al<'Illlellh ;u.' ,t.'ni,'d WIIERI;I:ORE, f)cfenda'lIs Il'queslthat judglllcllI hc elll.',ed in thei, I," III amI against th.. plailllitls logethcr with ws's of this aclion and alloll1ey fees NEW I\IA'ITEI~ 13. Plaintitls have failcd 10 state a cause of action ag1inst thc Iklcndants ., :1 , :i 14. The plaintitls were tlllll1d to bc in violation ofapplicahle code provisions through their conducting a business on thc grounds ofthcir residence This business consisted of the , :1 ,j " I !I ,I :1 11 :1 " :i I 1 repair of newspaper vending equipment by the plaintitls on thc grounds of their rcsidence on Wheat land Drive. 15. Joanne Knowles, John Knowles and Brandon Knowles have repeatedly threatened Anastasia Faulkner and her children through acts which include, but are not limited to, the following: II I I I I (a) Joanne Knowles used her vehicle to block Anastasia Faulkners vehicle from leaving the driveway of a neighbor and thereafter verbally abused Anastasia Faulkner while she was prevented from leaving; (b) inciting and encouraging their son, Brandon Knowles, to physically assault and batter the son of Ken and Anastasia Faulkner; " 6 , .~, , , ~~ . - "" """I,',.. z.~' " . .", ": ., ... ~ '.~ ." ~'. '~., , , . .' " .-~. '''. .' , h (c) dislrihutin~ wpies of the 'Ol11plal/lI tiled in this m,lIler 10 representatives of the Cumherland Valley SdlOOI I>istrid in iln attempt to impute the name and repulation of the Detcndants, (d) displavin~ signs lIponth,'ir prol'ell)' with the inlenlion of imputing the name and reputation of the Faulkners, (I) slalking the Faulkners and their children, taking pietures of them for no , apparent reason other than to harass and intimidate them , ., " 16. Brandon Knowles assaulted and battered the Faulkners son, Keith Faulkner in I October, 1998. :i :, :, 17. Plaintiffs have tiled, pro se, an action in mandamus against ollicials of Silver ;, : ~ if ;'1 Ii Spring Township docketed to No. 98-5432 in the Court of Common Pleas of Cumberland County. I i I' d i I I I 18. The claims of plaintitls are barred by the applicable statutes of limitation, 19. Anastasia Faulkner was justitied in making any cOl11ments to individuals regarding the allegations of criminal activity on the part of John Knowles. 20, Anastasia Faulkner made fair comment regarding the allegations of criminal activity on the part ofJohn Knowles. 21, The claim of slander was waived by plaintiffs through conversations John Knowles had with individuals wherein he himself related the allegations of criminal activity made by Anastasia Faulkner. 22. Plaintiffs are estopped from making the claims presented through their actions and activities. 7 \ nine as though set f(Jrth at length 31 In October, I ()l)S, Ilrandon KnO\\ les did, without justitication, intcntionally physically attack Keith Faulkner on the grounds of the Cumberland Valley School District 32 Brandon Knowles did, in said attack, rcpcatedly push Keith Faulkner including Ii II I' :I " :1 " " :1 " :1 :i il " II II :1 :1 1 1 I I pushing Keith into a wall of the school eausing him pain and suilcring and embarrassment 33. Upon information and belie!: John Knowles and Joanne Knowles did incite and encourage Brandon Knowles to attack Kcith Knowles. WHEREFORE, CounterplaintitTs demand judgment against John Knowles, Joanne Knowles and Brandon Knowles lor an amount in excess 01'$25,00000 and in excess of the limits requiring compulsory arbitration, punitive damages, costs and attorney fees. COlJNT 11- CONCERTED ACTION KEN AND ANASTASIA FAlJLKNER INDIVlDlJALLY AND AS GlJARDIANS OF THEIR MINOR CHILDREN v. JOHN KNOWLES JOANNE KNOWLES, INDlVlDlJALLY AND AS GlJARDlANS OF THEIR MINOR CHILDREN 34, Counterplantiffs incorporate by reference paragraphs twenty-live through thirty- three as though set forth at length. 35. The actions of the Counterdefendants have been, singularly and in cumulative effect, a course of harassment and vexatious conduct which has resulted in the intimidation of the Faulkners and has deprived them of their use and enjoyment of their home constituting a private nuisance as well as a deprivation of the Faulkners' constitutional rights to enjoyment of their property as guaranteed by Article I, Section I of the Constitution of the Commonwealth of Pennsylvania. 10 36 The actions of I he 1\111\\\ les' (Joho Knowles, Joanne Knr,wles and Brandon Knowles) have been conducted in concert or pursuant to iI collllllon design .l7. Each of the I\nr\\\IL's' knows thai his or her individual conduct constitutes a breach , oflheir duties to the Faulkners and they have substantially assisted one another or encouraged onc ,I Ii " anolher to so conduct themselves 38. Each of the Knowles has given substantial assistance to one another to accomplish the result of creating a private nuisance, assaulting and battering the Faulkners and depriving the :j !i " ~ i II il " :1 II 'I II Faulkners of their constitutionally protected liberties and each of the Knowles' conduct, separately considered, constitutcs a breach oflheir duty to the Faulkners 39, As a consequencc of the actions of the Knowles, the Faulkners have been deprived of their right to use and enjoy their home and property and have otherwise been caused to lose life's pleasures and solitudes. WHEREFORE, Counterplainlitls demand judgment against the Counterdefendants for an ,j I I I amount in excess 01'$25,000 00 Rnd in an amount in excess of the limits requiring compulsory arbitration, punitive damages, costs and expenses and attorney fees. COUNT-III PRIVATE NUISANCE KEN AND ANASTASIA FAULKNER, INDIVIDUALLY AND AS GUARDIANS FOR THEIR MINOR CHILDREN v. JOHN KNOWLES JOANNE KNOWLES, INDIVIDUALLY AND AS GUARDIANS FOR THEIR MINOR CHILDREN 40. Counterplaintifts incorporate by reference paragraphs twenty-five through thirty- nine as though set torth at length. II :1 :1 " , 41 , ii The acts ot'thc Knowles' as dire<:ted against the Faulkners <:onstitutes a nontresspassory invasion ot'thc Faulkncrs' private use and enjoymcnt ot'thcir homc 42 The a<:ts of the Knowles' have bccn outragcous, intcntional and cvil with the i :\ purpose of invading and intert'ering with the Faulkners' private use and enjoyment of their home , " 'I " Ii :i :1 'i !I I, 'I :, " :! II 'i 11 il " ii 1\ II i I 43. As a consequen<:e of the a<:ts ot'the Knowles', the Faulkncrs have bcen deprived of their private use and enjoyment ot'their home WHEREFORE, Counterplaintin~ demand judgmcnt in their tavor and against the Counterdefendants, joimly and severally, as tollows (a) in an amount in excess 01'$25,00000 and in ex<:ess of the limits tor compulsory arbitration; (b) punitive damages, costs and expenses and attorncy fees; (c) issuance of injunctive relief to restrain the Knowles t'rom having any contact, direct or indirect, with the Faulkners and to refrain Irom interfering with the Faulkners' use and enjoyment of their property. Respectt'ully submitted, O'BRIEN, BARIC & SCHERER ~~ri. David A. Baric, Esquire ID#44853 17 West South Street Carlisle, I' A 17013 (717) 249-6873 Attorney for Defendants/Counterplaintiffs , " " , :! , I JOliN E KNOWLES and JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their minor children, BRENDAN KNOWLES, KRISTY KNOWI.ES, STEFFAN KNOWLES and KELL Y KNOWLES, I N TilE COURT OF COMMON PLEAS OF CU!\1IlERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION-LAW . NO. 98-6328 I'laintitls, JURY TRIAL DEMANDED , " , V. " iI ,. KENNETH J FAULKNER and ANASTASIA FAULKNER, husband and wife, individually and as parents and natural guardians of their minor children, KEITH FAULKNER and KAITL YN FAULKNER, Defendants, Counter-Plaintitl's " 'i :1 '! 1i i , i ': " " II ii Ii " II II i I CERTIFICATE OF SERVICE I hereby certify that on December Z. '? , 1998, I, David A Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Answer, New Maller and Counterclaim, by first class U,S. mail, postage prepaid, to the party listed below, as follows: Thomas E, Wood, Esquire Keefer, Wood, Allen & Rahal, LLP 21 0 Walnut Street P.O. Box 11963 Harrisburg, Pennsylvania 17108-1963 ~ri. David A. Baric, Esquire " ." -.' , . ~ . . ,- -. . , ' , JOHN E. KNOWLES and, JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their: minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES IN ,!'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--LAW Defendants No. 9B-~ (.,," ( KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER AND COUNTERCLA~ 13. paragraph 13 states a legal conclusion to which no response is required. 14. Admitted that the zoning Hearing Board of Silver spring TownShip found certain activities conducted by Mr. Knowles on his premises to violate certain aspects of the zoning ordinance. It is denied that the business consisted of the repair of newspaper vending equipment. To the contrary, Mr. Knowles's business involves collecting newspaper vending equipment and shipping it to a reconditioning facility. Mr. Knowles stored some newspaper vending boxes on his property for brief periods of time. He continues to believe that his activities did not violate the ordinance, although he acknowledges that the Zoning Hearing Board had a different opinion. {} (a) No such event ever took place. \, I' t ~, lif 15. Plaintiffs specifically deny that they have ever threatened any member of the Faulkner family, in particular: (b) Plaintiffs deny that they have ever encouraged any , . , of their children to assault anyone. In particular, they deny children. " , , ~ \ I I'. .,. that their son, Brendan, ever battered any of the Faulkner (c) Admitted that a copy of the complaint in this matter was submitted to the Cumberland County School District in response to a complaint lodged by a neighbor against plaintiffs' information. l.~.'., ij i. i " J i , son, Brendan. Denied that plaintiffs volunteered any such (d) Plaintiff assumes that defendants intend to allege that they "impugned" defendants' reputation. They never did so. The only sign mentioning the Faulkners that was ever posted in the plaintiffs' yard was the one required to be posted by the (e) No subparagraph (e) appears in defendants' New Zoning Hearing Board when the Faulkners complained about Mr. Knowles's home occupation. Mr. Knowles added a comment that the zoning procedure was "compliments of Marybeth Bucher and stacey Faulkner. " Matter. 2 ,', .\ i (I I: ! I , I I " (f) Plaintiffs deny that they ever took any pictures of the Faulkners' children. The only pictures plaintiffs ever took of the Faulkners were for the purpose of documenting the harassment alleged in the complaint. Some of them are pictures of the Faulkners taking pictures of the Knowleses. 16. Denied. There was a "schoolyard scuffle," that originated with the Faulkners' son, Keith, verbally harassing the Knowleses' son, Brendan. No charges against either boy resulted. 17. Admitted. The mandamus action had nothing to do with the Faulkners, and was specifically addressed toward code violations on another property in the neighborhood. lB. Paragraph 18 states a legal conclusion to which no response is required. 19. Paragraph 19 states a legal conclusion to which no response is required. 20. paragraph 20 of defendants' new matter states a legal conclusion to which no response is required. To the extent that a response is deemed to be required, plaintiffs deny that accusing people of crimes is "fair comment." 21. Denied that plaintiff, John Knowles, had any conversations with anyone other than the Chief of police regarding Mrs. Faulkner's defamatory comments. 22. Paragraph 22 of defendants' new matter states a legal conclusion to which no response is required. 23. Plaintiffs deny that Mrs. Faulkner had any reasonable cause to believe that Mr. Knowles took photographs of her while 3 she was in her bathroom. To the contrary, there could be no reasonable grounds to believe such photographs were ever taken, for the reason that there is no place to stand on Mr. Knowles's property to shoot photographs through Mrs, Faulkner's bathroom window. QQYJiTERCLAIM Plaintiffs respond to the allegations of the counterclaim as follows: 24. No further response required. 25. Paragraph 25 of the counterclaim states a legal conclusion to which no response is required. To the extent that i , ., , a response is deemed to be required, plaintiffs deny that Keith Faulkner has any cause of action against plaintiffs or their I,' r I children. 26. Denied. Mr. Knowles is in the business of acting as a manufacturer's representative for various companies in the newspaper publishing business . One small aspect of his business is collecting used newspaper vending machines and returning them for reconditioning. He never repaired newspaper vending machines on his property. By way of further answer, plaintiffs state that, in response to enforcement actions by Silver Spring Township, Mr. Knowles ceased bringing newspaper vending machines I ., I .1 4 " " ~ i '~ to his property nearly one year ago. Even if Mr. Knowles were in blatant violation of applicable zoning regulations (which he is not), that would not justify the outrageous behavior alleged in the complaint. 27. Plaintiffs' response to paragraph 26 of the counterclaim is incorporated herein by reference. Further, plaintiffs deny that violations of the silver Spring Township zoning Ordinance would give rise to a private cause of action on the part of the Faulkners. 2B. Denied. To the contrary, plaintiffs have attempted on numerous occasions to establish cordial relationships with the neighbors, to no avail. 29. (a) Plaintiffs admit that their son and defendants' son were involved in an incident at school in October, 1998. The incident was provoked by defendants' son. It did not rise to the level of assault and battery, and no charges were pressed against either boy. (b) Denied. No such incident ever happened. (c) Denied. Plaintiffs have not harassed the Faulkners with the taking of photographs or videotape. Plaintiffs have merely mounted surveillance cameras on their house, which have recorded numerous of the Faulkners' outrageous activities, as alleged in the complaint. 5 I ! . ~ 37. Denied that plaintiffs breached any duty to the Fau1kners, or that they have conspired to do so. 3B. Paragraph 3B of the counterclaim states legal conclusions to which no response is required. To the extent that a response is deemed to be required, plaintiffs deny that they have created a private nuisance, assaulted, battered, or deprived any member of the Faulkner family of any constitutionally protected liberties, or conspired to do so. 39. Denied that the Faulkners have been deprived of the right to use and enjoy their home. To the contrary, they still live there, und still take great pleasure and enjoyment out of harassing the Knowleses. WHEREFORE, plaintiffs request the court to dismi3s the counterclaim and award them their costs and expenses. COUNT III - PRIVATE NUISANCE KEN AND ANASTASIA FAULKNER, INDIVIDUALLY AND AS GUARDIANS FOR THEIR MINOR CHILDREN v. JOHN KNOWLES, JOANNE KNOWLES, INDIVIDUALLY AND AS GUARDIANS FOR THEIR MINOR CIULD.Rlili 40. No further response required. 41. Paragraph 41 of the counterclaim states a legal conclusion to which no response is required. To the extent that a response is deemed to be required, plaintiffs deny that they 8 have ever invaded the Faulkners home, either non-trespassorily or otherwise, or that any act of the plaintiffs has ever deprived the Faulkners of the use and enjoyment of their home. 42. Denied that the Knowleses have any evil intent toward the Faulkners. To the contrary, the Knowleses only want the Faulkners to leave them alone. 43. Denied. On information and belief, the Faulkners still live in their home, still enjoy its private use, and still use it as a base of operations from which they enjoy harassing the Knowles. WHEREFORE, plaintiffs request the court to dismiss the counterclaim with prejUdice and award them their costs and expenses. NEW MATTER TO COUNTERCLAIM As new matter to the counterclaim, plaintiffs state as follows: 44. Pennsylvania law recognizes no tort of conspiracy to commit private nuisance. 45. The claims stated in the counterclaim are barred by the applicable statute of limitations. 46. Defendants/Counterplaintiffs are estopped from asserting the claims stated in the counterclaim. 9 i: r 47. To the extent that defendants\counterplaintiffs seek equitable relief, they are barred by the doctrine of unclean hands. 48. The Knowleses are private citizens who have never purported to exercise any governmental authority whatsoever. The '. ,. counterclaim therefore fails to state any cognizable claim for denial of constitutionally protected rights. WHEREFORE, plaintiffs request the court to dismiss the counterclaim with prejudice and award them their costs and I' . (I I' ,. expenses. .:J Respectfully submitted, ) , ~: By: I.,>'J" c . fO., '\ I , , KEEFER WOOD ALLEN & RAHAL, LLP Date:.(:,i 10: ; Thomas E. Wood 1. D. No. 23997 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8040 ATTORNEYS FOR PLAINTIFFS " . j l / I ~ ~ ~ ~' i :, . 10 " ,! " , "" , I I i i I .,i , v.a.rlc.aTIO. 1, John E. Know1oG, hereby vorify and Dtato that: 1. I am ono ot the pla1ntiffs in the foregoing cOMplaint and h..vQ parDonal knol'10d9" of tha ",attArA ~At forth thenin. 2, 1'h.. f~r.tc contalngd In the foreooino answers are l.rue anc1 I.:unuct to tit.. tn,st or lilY "no"10<190, inrorlllation end belief . Dated: 1~(3--97 ~. I under.tend thmt f~l.e statolllentc heroin aro mado subject to the penalties 01 18 pa. C.S. S4~04, relating to Un.worn fa1cification to authoritioD, ; ~ !, CERTIF~r.LOr-..llERYl..C..& I hereby certify that 1 have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Pos~~_~d Addressed as Follows: David A. Baric, Esquire 17 West South street Carlisle, PA 17013 Dated: i/.,,,:. /'. \ I , ~ :.-/ (Attorneys for Defendant) Thomas E. Wood " i ~ JOHN E. KNOI-ILES ,llId JOANNE KNOI-ILES, hUllbdllrj alld wil", illdivlCJII,llly ,llId: ilD par(~nl~J dtld IldLur"dl guar"didlln of tht'll' minc)l" chi Jdn'II, 1lJ!1':N!JAN ':1'1(>1-11,1':';, I';J! I S'!'Y KNOI-ILI';,:, S'!'I,:FAN KNOI-ILES dnu KELLY KNmII.I':~;, I Pia] IIl.1 I t IN TilL ,'(iiiVI' (J!' ('OI~M()N PLEA,; OF CIIMilEI,U,:W ('OlIN'!''!, i'ENNS'!LVNJIA ", , , l"' v, CIVIl. AC'!' ION' LA\'I 'T , KENNETH ,J. FAULKNER and ANASTASIA FAULKNER, husband and wife, individually and as lhe parents and natural guardians of their minor children, KEITH FAULK~ER and KAITLYN FAULKNER, Defendants ~ I , , f .' ~, (J, " NO, 98-6238 CIVIL TERM IN RE: DISCOVERY CONFERENCE ORDER OF' COURT AND NOW, this 2nd day of June, 1999, upon consideration of Defendants Kenneth and Anastasia Faulkner's , i', I; i i ~ I' I Motion To Compel Discovery from Plaintiffs As to Defendants' First Set of Interrogatories and Document Request, following a discovery conference held in the chambers of the undersigned judge on this date, and pursuant to an agreement reached between counsel for the parties, in the person of Glenn R. Davis, Esquire, on behalf of the Plaintiffs, and David A, Baric, Esquire, on behalf of the Defendants, it is ordered and directed that, within sixty days of today's date, Plaintiffs respond to $ I I , , l L the Defendants' Interrogatory No. 10 and Interrogatory No, 11 and to Defendants' Request for Production of Documents; provided, that the period of time to which the aforesaid answers and materials relate shall be limited to the period from January 1, 1995, to the present; provided, further, that in the event L II", t 11" !1llllor 1'1 d lll' ,I, .. ,.. .> d I" ....': t l:d r,l'....1l f :"()f1l L1lf.-' pn,:y!nt act ion no Hll('!1 JIll (lltll.iI 1'111 ! I :;111"l :,IJ:; ll,.(.d 1.)(' PI"OVH!t.d with renpect I:(J I ill'lll; .1111! 11I!)'.:!,j..,!, 1 ill t 11"1, t il,ll, IH'lldlIlq Itln~l1l_'l" ordC'r of COll1-t, t.i1l' lnfonllo1LlfJll n'("'Jv..d .-and dOCllrTlent:-j disclosc:d by Plaintiffn lfl n,:-:JpOnH(' to thIli order Elhal!. Ilol be disclosed by De(l'ndant~; I coul1~;(>l to <lIlY pC'n;oll, except thClt Defendants I coulluel m.~tY nh~n'f--' ill :;lllilll\dl-Y toun the a[on--,:J.:tid information and documents n,ceived [nl!TI Plaintiffs '"ith his clients. fly the Court, Glenn R. Davis, Esquire Latsha, Davis & Yohe, P.C, 210 Walnut Street P.O, Box 11963 Harrisburg, PA 1710B-1963 Counsel for Plaintiffs / David A, Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Harrisburg, PA 17013 l' .t>~<~ (7)~' J 1.'/11/19. )"f'. :srs ! I.: JOliN I' KNOWU;S and JOANNE KNOWLES, husband and wife, individually and '" parents and natural guardians of their minor children, IlRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES and KI'LLY KNOWLES, IN TilE COURT OF CO~1~10N PLE,\S 01- Cl J~lII!'RI."NI> CO{ iNTY, I'ENNSYLV"~ IA , I', '. CIVIL ACTION.LAW NO 'JX-1>32l; ~.J ~.. I'lainlilrs, I ;.:; ~ . JlJRY TRIAL DEMAND!'D v ii " ,; " :1 " Ii AND NOW, this..,I"L/_ day of __':"...~LJ:L..__, 1999, upon consideration of the I f I II Defendants Faulkners' Motion For Sanctions, a Rule is issued upon Plaintills to show cause ifabf .",' Ii " II I I ORI>ER OF COURT , , p " ./ ; , I' 1 '1 ,. I ::,:? v I\~ "0 there be why the rcliefrcquested in this Motion should not be granted. ;;;.1 '." rO Rule returnable _2 () days 11'0111 service. I . :- ',.1 :., -... ~: :..; .::.._~. -. -. BY THE COURT, ~ 0, "J <;:, /-_/ I / !/' / , ') ( , / / II ' Ie. ",Ll I 1. ,.' / '" cJ allached as I;shibits "t\" and "II" and ale in<:orpnrated by reference ,I Pursuant to Rule ,10111> (a) (2), anS\\ers to the interrogatories were due on or about January.1, I <)'l') ) Pursuant to Rule .11111" (b) (2). answers to the document requests and production of responsive documents were due on or about January 3, 1999. 6 More thauthirty (.10) days passed aller the date of service of the interrogatories and document requests without objections or a motion tllr protective order being filed by the Plaintitls. 7. On or about January 13, 1')9'), counsel tllr Defendants received responscs to the interrogatories and documcnt requests True and correct copies of these responses are attached as Exhibits "C" and "[)" and are incorporated. i I! , :1 8. By correspondence dated January 19, 1999, counsellor [)etcndants requcsted that " Ii the attorney lor Plaintitls reconsider his objection to production of medical records ofthc plaintitls. A truc and correct copy of this corrcspondence is allached as Exhibit "E" and is :/ incorporated Ii 'I " Ii ,I " II 9, One of the claims asserted by the Plaintitls is tor intentional intliction of cmotional distress. 10. On March), 1999, Defendants liled a Motion to Compel Discovery from Plaintifls as to Defendants' First Set of Interrogatories. A true and correct copy of this Motion is attached as Exhibit "1''' and is incorporated II, Following a discovcry conlcrence held in chambers with the Honorable J, Wesley Oler, Jr, on June 2, 1999, an order was issued whereby Plaintitls were directed to, within sixty (60) days of the date of the Order, respond to the Defendants' Interrogatory No, 10 and I i I ~.~ "':" ': '-::'~ .. " ,',. '. . . . " , 'I, '.' " '., . '-', . '.....r: . , "...,. InterrogatlllY No II and to Iktl:ndanh' Reqlll'stlilr Production of Documents A true and correct copy of this Oldl'l is all ached as hhihit "(j" and is incllIporated 12 Jlv leller of ,\ug"'t ~. I ()(J<), l'ollnscl ti,r Plaintills provided names and addresses of where medicallecords enllld be oblailll'd "true and conl'ct enpy of this correspondence is allached as Exhibit "II" and is inclllpolaled 13. Ily leller of August) I ()()l), counseltilr Dcll:ndants provided medical releases filr Plaintills to execute as guardians oftlll'ir minor children In addition, the leller requested that the , medical records in the Plaintills' possession be Cllpied and provided to counsellilr Dcll:ndants A I , :1 " il " i :i " il true and correct copy of this correspondence is all ached as Exhibil "J" and is incorporated 14. By leller of September I, I 'Je)l), counselliH Dell:ndants put counsel for Plaintill's on notice that in the event the medical records were not received by him on or betore Tuesday, September 7, 1999, a Motion filr Sanctions lVould be filed. A true and correct copy of this correspondence is all ached as Exhibit "J" and is incorporated. 15. By leller ofSeplember 10, 1999, counsel for Defendants provided counsel for Plaintitl's with revised medical releases and requested return of the signed rei cases with ten (10) I' days, A true and correct copy of this correspondence is attached as Exhibit "K" and is !I incorporated, 16. To the datc of this pleading, no medical releases or the additional requested medical records have been produced by the Plaintills to counsel for Defendants. 17. Pursuant to Rule 40 19 (c) and (g)( I) of the Pennsylvania Rules of CivilProcedurc, the Court may grant a Motion For Sanctions when a party tails 10 comply with its Order compelling compliancc. 18, Pursuant to Rule 40 19( c) and (g)( I ), Plaintitl's requests that this Court grant Plaintill'sanctions against Defcndant by entcring an Ordcr that (a) Directs Plainlitls to provide signed medical rck'ascs within tcn days of the dalc of this Court's Order, (b) Directs I'lainlilb to pll>vide a mpy of the medical records that are in their possession (c) Grants Defendants reasonable attorney tees incurred as a result of Plaintills' noncompliance with the prior Order and motion liJr sanctions (d) Directs the Prothonotary to emer delillllt judgment in favor of Detendants and against Plaintills if the Plaintills Iililto Ii comply with the Court's Order. Ii ~i WHEREFORE, Defendants rcquest that this Court enter an Order granting their motion , II and the relief requested therein, as well as attorney's fees, costs and such other relief as the Court II i! deems appropriate. Respectlidly submitted, II II I I I I Date: q/t-t/17 I B,A:;;;aER David A. Baric, Esquire LD, #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249.6873 dllw/Iitig1llion'HLUll\n.:r/san.:tiolls.lIhll .' ..... - .'-. ~ ,. ,"-' ," '.'1';' ~0 r~n ? I ,I::; iC: 73 (' ,. '..-.,' . ':',:'1' j":_,\: ,\'. JOHN E. KNOWLES and JOANNE KNOWLES, husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : CIVIL ACTION-LAW V. : NO. 98-6238 CIVIL KENNETH J, FAULKNER and ANAST ASIA FAULKNER, husband and wife, : JURY TRIAL DEMANDED Defendants. FffiST SET OF INTERROGATORIES OF DEFENDANTS PROPOUNDED UPON PLAINTIFFS PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy 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 spaces provided. Ifthere is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories, Ifbetween the time of filing your Answers and the time of trial of this maller, you, or anyone acting on your behalf,learn of any further information not contained in your Answers, or if you learn that any infonnation set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. " EXHIBIT "A" DEFINITIONS A, The tenn "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulars, bulletins, press releases, notices, instructions, manuals; photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which infonnation can be obtained, and marginal comments appe;:\ring on any documents, and all other writings in the possession, custody or control ofPlaintitrs or their agents, officers, employees or attorneys. B. "Propounding Defendant" means Kenneth and Anastasia Faulkner. C, "Person" or "Persons" shall mean any natural individual or corporation, firm, partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. .~ 1 I , ! D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any uUerance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, describe with sufficient particularity to form the basis for a Request for Production under Pac R.C.P, 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document (~. letter, telegram, chart, photograph, sound recordings, etcetera.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; (b) When used in reference to a natural person or business entity, "identify" means to state his or her or its fun name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or affiliation, , 11 I' I I ; H. "You" means John E. Knowles or Joanne Knowles, or any representative, agent, servant, officer, or employee thereof. \ L:. , f '. rNSTRUCTlONS If you object to the production or identification of any documents on the grounds that the attomey-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (I) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. INTERROGATORIES 1. Please identify any and all documents in your possession, custody or control which relate or refer to the disagreements regarding issues of codes enforcement as referenced at paragraph 5 of your complaint. ANSWER: '., .. \:; ANSWER: 3. Please identifY any and all individuals you are aware of that received any communication from either of the defendants regarding the allegations made by Mrs, Faulkner against Mr. Knowles as set forth at paragraph 6( d) of your complaint. 4. For each individual identified in response to interrogatory number 3, please provide the following: a, The date of the communication, , , ( b, The specific communication made to each individual. c. The identity of the person making the communication. ANSWER: " 7. For each witness identified in response to interrogatory number 6, please provide the following: a, The date(s) of the alleged act. b. Any statements in your possession, custody or control which refer or relate to the act(s). c. Any photographs in your possession, custody or control which refer or relate to the act(s). ANSWER: '. 1 \. Please identify any and all medical records or reports which relate or refer to any of the conditions or impairments identified by you in response to interrogatory number 10. ANSWER: 12, Do you still reside at 12 Wheatland Drive, Mechanicsburg, Pennsylvania, ANSWER: 13. Have you made any attempt to sell the property located at 12 Wheatland Drive, Mechanicsburg, Pennsylvania. ANSWER: 16. Please identify any civil litigation to which you have been a party and for each matter identified provide the venue of the action, the court filed in , the case name and docket number. ANSWER: 17. Please identify any and all videotape or photographs in your possession which contain any image of Anastasia Faulkner, the Faulkner's residence or other property or possessions of the Faulkners. ANSWER: , : ANSWER: , , I ,', ' ~; ~ I : I; I I r,. , II 18. Please identify any and all medical records which support your contention that you have experienced mental distress, J '\ O'BRIEN, BARlC & SCHERER ) . , I I i , ~ \ ~ , Respectfully submitted, ~/c{. David A. Baric, Esquire l.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 !I ,: i :' , I', I, U !; " !I I. I' l~ .,. I' . . 2. Please identify any and all documents in your possession, custody or control which relate or refer to the installation, construction and performance characteristics of the electronic fence referenced at paragraph 6(c) of your complaint. ANSWER: Plaintiffs have the technical information provided by the manufacturer when they bought the fence. 3. Please identify any and all individuals you are aware of that received any communication from either of the defendants regarding the allegations made by Mrs. Faulkner against Mr. Knowles as set forth at paragraph 6(d) of your complaint. ANSWER: Ms. Sandy Book 5 Mt. View Drive Mechanicsburg, PA 17055 Ms. Lanie D'Agostino 103 skyline Drive Mechanicsburg, PA 17055 Ms. Susan Harrell 22 Nature's crossing Enola, PA 17025 Ms. Debora Scheiffler 10 Gunpowder Road Mechanicsburg, PA 17055 Ms. Dana Dagle 11 Wheatland Drive Mechanicsburg, PA 17055 Ms. Tammy Heller 469 Wolf Bridge Road Carlisle, PA 17013 2 c Ms. Clare Frantz 4 Houston Drive Mechanicsburg, PA 17055 Mg. Sharon Matter 2 Jeffrey Drive Mechanicgburg, PA 17055 Mg. Barbara Gormag 251 Oak Grove Court Mechanicsburg, PA 17055 Mr. and Mrs. Robert prechtl 940 Willcliff Drive Mechanicsburg, PA 17055 In addition, on information and belief, comments were also made to Mr. Daniel Nepp, Mrs. Noreen Kotzmoyer, Mrs. Debra Jacobs, and a woman named Quentina, a secretary at the Hemlock Girl Scout council. 4. For each individual identified in response to interrogatory number 3, please provide the following: a. The date of the communication. b. The specific communication made to each individual. 3 c. The identify of the persong making the communication. ANSWBR: plaintiffs are currently unaware of the precise date and the precise comments of each communication, and will need further discovery to ascertain these facts. 5. Please describe every fact known by you which supports your contention that the defendants made "anonymous phone calls to the Codes Enforcement Office of silver spring Township" as alleged at paragraph 6(f) of your complaint. ANSWER: Comments made to plaintiffs by Jerry Zimmerman, Code Enforcement Officer, and testimony given by Mr. Zimmerman at the Zoning Hearing relating to Mr. Knowles's home occupation indicate that complaints were received from the Faulkners. The phone logs of silver spring Township also indicate that numerous anonymous complaints were received. Inasmuch as the Faulkners were the neighbor taking the most interest in shutting down Mr. Knowles's home ,occupation, plaintiffs believe that some or all of the anonymous calls originated with the Faulkners. Plaintiffs also know that Mrs. Faulkner approached Mrs. Debra Jacobs and Mr. Mike Ward and asked them to submit complaints to the Township abo~t Mr. Knowles's business. 4 6. Pleage identify any and all witnesses to any of the acts as alleged by you at paragraphs 6(a) through (h) of your complaint. ANSWER: (a) On information and belief, Mrs. Dana Dagle, the neighbor immediately across the street from the Faulkners, has witnessed some of the events. (b) Stefan Knowles saw Mrs, Faulkner peeking through the Knowles's family room window. Mr. Jerry Zimmerman of Silver spring Township was shown pictures that Mrs. Faulkner took inside the Knowles's garage. Mrs. Faulkner has admitted to Mr. Knowles that she has been on his property taking pictures. (c) There are no witnesses to the dog leaving the yard. Police did not come to investigate. (d) Mr. and Mrs. Knowles and two of their children (e) The entire Knowles family observed Mrs. Faulkner's ~ ' ~ I ! witnessed these events. actions and verbal assaults. (g) ',The Knowleses possess video tape recordings of Mrs. Faulkner, accompanied by an accomplice, Marybeth Bucher, ~ \ ~ . attempting to call the Knowles's dog from their property. 5 I ~ , Ii I \' I I ! f\ ... (h) The Knowleses have video tape recordings of Mrs. Faulkner vandalizing their property with eggs being thrown from her car on October 30, 1998. Mr. Knowles observed Keith Faulkner walking away trom the torn down handicapped sign on the evening of october 31, 1998. 7. For each witnegs identified in response to interrogatory number 6, please provide the following: a. The date(s) of the alleged act. b. Any statements in your possession, custody or control which refer or relate to the act(s). c. Any photographs in your possession, custody or control which refer or relate to the act(s). ANSWER: a. The dates of the alleged acts are set forth in the complaint. b. No written statements were taken. c. Plaintiffs have video tape and records of many of the actions complained of. 8. Did you own any equipment capable of taking videotape photographs as of February, 1998? ANSWER: Yes. 6 . " 9. If the answer to interrogatory number 8 is in the affirmative, please identify all videotape footage taken by John Knowles for the period January, 1998 to march, 1998. ANSWBR: Plaintiffs have approximately 200 hours of videotape that was taken by surveillance cameras mounted on their property. None of it was taken by John Knowles personally. 10. Please identify any and all mental and/or physical conditions or impairments which you have experienced as a consequence of the alleged act(s) of the defendants. )~SWER: plaintiffs object to revealing information about their children's psychological problems to the Faulkners. This will probably only be passed on to Faulkners' children, who will use it as fodder for further harassment and taunting of plaintiffs' children. plaintiffs are willing to reveal medical information about their children to counsel subject to a confidentiality order that precludes disclosure to the Faulkners. 11. Please identify any and all medical records or reports which relate or refer to any of the conditions or impairments identified by you in response to interrogatory number 10. ANSWER: Medical records are in the possession of Hershey Medical Center and the Cumberland Valley School District. Plaintiffs have not yet requested copies. 7 12. Do you still reside at 12 Wheatland Drive, Mechanicsburg, Pennsylvania? ANSWER: Yes. 13. Have you made any attempt to sell the property located at 12 Wheatland Drive, Mechanicsburg, Pennsylvania? ANSWER: No. 14. Please identify any and all damages to which you allege you are entitled as a consequence of your allegations of slander as set forth at Count II of your complaint. ANSWER: Primary damage was to Mr. Knowles's reputati,on. Loss of reputation is not readily quantifiable in dollars. Mr. Knowles has lost time and income but, since he is self-employed ANSWER: 1979 - 1989 755 Huff Road West Palm Beach, Florida and is not paid hourly, it is also difficult to quantify that loss. Mr. Knowles will attempt to provide a memorandum of the time spent dealing with the Faulkners' harassment. 15. Please identify each residence address for any home you have resided in for any period during the time frame of 1980 to present. 1989 - 1994 1026 Derby Run Marietta, Georgia 8 1994 - 1995 3435 Bull pine Road stroudsburg, pennsylvania 406 Dart Drive Hanover, pennsylvania 12 Wheat land Drive Mechanicsburg, pennsylvania 1995 - 1997 1997 - present 16. Please identify any civil litigation to which you have been a party and for each matter identified provide the venue of the action, the court filed in, the case name and docket number. jUfSWER plaintiff filed a writ of mandamus against silver spring Township in september, 1998 in the Court of Common Pleas of cumberland county. 17. Please identify any and all videotape or photographs in your possession which contain any image of Anastasia Faulkner, the Faulkner's residence or other property or possessions of the Faulkners. ANSWER: plaintiffs have in their possession photographs of Mrs. Faulkner taking photographs of the Knowles's home. They also have approximately 200 hours of surveillance video that contains images of Mr. and Mrs. Faulkner, their children, their mother, their dog, the Faulkner residence, vehicles speeding on the street, and the Faulkner's behavior. 9 . .. J1lIIInCl&'I!r~ :r, John B. ICnollloa, hnlb~ verify an12 state that: 1. I... one of thl plaintiff' in tha foreqolng co_plaint and have parsonal knowludg' of the matters alt forth that'ein. 2. The tact. contained in the foregoin9 anlvar- ara truI and correct to tha ba,t ot ny knowladq., intornation and beUef. 3. I undefetand that tal,a Itatldlnts herb!n are made .ubjeot to the penalti., of 18 P.. C.9. 54904, relatinQ to un,worn ta1ultioation to authorltl... Datel1: /-/~-';'1 iJ-L ~~ ~ John B. Knowle8 R-95" 17177955422 01-11-99 04:33PM P002 U08 CERTIPICATR OP SKRVIC~ I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, postaqe Pre~aid Addressed as FOllows: David A. Baric, Esquire 17 West South Street CarliSle, PA 17013 (Attorneys for Defendant) Dated: \ tl'V /I\.! )'w " '<... Thomas E. Wood '. 4 ~ medical records from earlier periods, which are private, confidential, and irrelevant to any igsue in this litigation. Date: \ \ (7' ( 'i Q By: ~&::rL' Thomas E. Wood 1. D. No. 23997 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8040 ATTORNEYS FOR PLAINTIFFS 2 January 19, 1999 s.fi.oU .- ~". . "''!').. ~.J ',1' ~. . (117) uUiJ1i';'lt, . I FAX (117) 149-J7JJ ~l'< . ~ ::j,i~\ '"," , , 4'" , ~~.; ~ " O'BRlBN,BA.R!CoISCHBlU!R 17 Wul Solidi Slrwl Ctzt/JIU, pemuyiwmla 1701 J Rohlf L O'Brim DavId A. Baric AiIdt<<I A. Sc/N,.,r Thomas E. Wood, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P,O, Box 11963 Harrisburg, Pennsylvania 17108.1963 , 'RE: Knowles v. Faulkner C.C.P. Cumb. Cty. No. 98-6328 Dear Mr. Wood: Enclosed for service upon you find a copy of a subpoena directed to James Ha11, Zoning Officer for Silver Springs Township, which I intend to serve. I have received and reviewed your responses to our First Set of Interrogatories and document requests. I do not agree that medical records predating the ostensible injuries suffered ' by your clients in regards to the instant matter are not required to be produced. To the contrary, having placed their physical and mental conditions at issue in this matter, all medical records of the plaintiffs are relevant and fully discoverable. I would ask that you revisit this issue and provide me with your response so I may determine whether it will be necessary to seek to compel that information. If you have any questions or would care to discuss this matter in more detail, please contact me. Very truly yours, O'BRIEN, BARIC & SCHERER ~p~l David A. Baric, Esquire DAB~1 Enc~ cc:~ dlb.dlrl\lttllltlonlflullmer/wood2.hr EXHIBIT "E" JOHN E, KNOWLES and JOANNE KNOWLES, husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : CIVIL ACTION-LAW V. : NO, 98-6238 CIVIL KENNETH 1. FAULKNER and ANASTASIA FAULKNER, husband and wife, : JURY TRIAL DEMANDED Defendants, CERTIFICATE OF SERVICE I hereby certify that on March ~ , 1999, I, David A, Baric, Esquire, of O'Brien, Baric ,. & Scherer, did serve a copy of the Defendants Kenneth and Anastasia Faulkner's Motion To Compel Discovery From Plaintiffs As To The Defendants First Set ofInterrogatories and Document Request, by first class V,S, mail, postage prepaid, to the party listed below, as follows: I I I Thomas E, Wood, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P,O, Box 11963 Harrisburg, Pennsylvania 17108-1963 ~c#~ri. David A, Baric, Esquire '. )', ' . . . . . \' ~ . . , : ". . ." . '. .'. . '. . .' . ~'-t... " ' JOHN E, KNOWLES and JOANNE KNOWLES, husband and wife, individually and as parents and natural guardians of their minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES and KELLY KNOWLES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION.LAW : NO, 98-6328 Plaintiffs, : JURY TRIAL DEMANDED v. I 1 \ 1\ '\ II II II II I, il i! I' ,I i' !; " II l! \1 Ii KENNETH J. FAULKNER and ANAST ASIA FAULKNER, husband and wife, individually and as the parents and natural guardians of their minor children, KEITH FAULKNER and KAlTLYN FAULKNER, Defendants, ORDER OF COURT AND NOW, this day of , 1999, upon consideration of the Defendants Kenneth and Anastasia Faulkner's Motion To Compel Discovery From Plaintiffs As To The Defendants First Set ofInterrogatories and Document Request, a rule is issued upon Plaintiff to show cause, ifany there by, why the relief requested in the Motion should not be granted, Rule returnable ten (10) days from service, BY THE COURT, J. I I i, EXHIBIT "p" 2, On or about December 4, 1998, Defendants served upon Plaintiffs interrogatories and document requests, 3, True and correct copies of Defendants' interrogatories and document requests are attached as Exhibits "A" and "E" and are incorporated by reference, 4. Pursuant to Rule 4006 (a) (2). answers to the interrogatories were due on or about January 3, 1999, 5. Pursuant to Rule 4009 (b) (2), answers to the document requests and production of responsive documents were due on or about January 3, 1999, 6. More than thirty (30) days passed after the date of service of the interrogatories :1 II ii and document requests without objections or a motion for protective order being filed by the Ii I' II II I, I i 'I . i I , I I I Plaintiffs, 7, On or about January 13, 1999, counsel for Defendants received responses to the interrogatories and document requests, True and correct copies of these responses are allached as Exhibits "C" and "D" and are incorporated, 8, By correspondence dated January 19, 1999, counsel for Defendants requested that the allomey for Plaintiffs reconsider his objection to production of medical records of the plaintiffs, A true and correct copy of this correspondence is allached as Exhibit "E" and is incorporated, 9, One of the claims asserted by the Plaintiffs is for intentional infliction of emotional distress, 10. To the date of this pleading, no medical records have been produced by the Plaintiffs to counsel for Defendants, .')-, WHEREFORE, Defendants respectfully requests the Court to : 1, Compel Plaintiffs to file and serve full and compete responses to the interrogatories and document requests of Defendants, Respectfully submitted, BY: ~;;l~ David A. Baric, Esquire Pa I.D, 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 , II I :1 " " " :1 I I !' dab.dlrllltlgatlon/(aulkner/compel.mot JOHN E. KNOWLES and JOANNE KNOWLES, husband and wife, individually and: as parents and natural guardians of their minor children, BRENDAN KNO\'Il,ES,: KRISTY KNOWLES, STEFAN KNOWLES and KELLY KNOWLES,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KENNETH J. FAULKNER and ANASTASIA FAULY~ER, husband and wife, individually and as the parents and natural guardians of their m',nor children, KEITH FAULKNER and KAITLYN FAULKNER, Defendants NO. 98-6238 CIVIL TERM IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 2nd day of June, 1999, upon consideration of Defendants Kenneth and Anastasia Faulkner's Motion To Compel Discovery from Plaintiffs As to Defendants' First Set of Interrogatories and Document Request, following a discovery conference held in the chambers of the undersigned judge on this date, and pursuant to an agreement reached between counsel for the parties, in the person of Glenn R. Davis, Esquire, on behalf of the Plaintiffs, and David A. Baric, Esquire, on behalf of the Defendants, it is ordered and directed that, within sixty days of today's date, Plaintiffs respond to the Defendants' Interrogatory No. lO and Interrogatory No. 1l and to Defendants' Request for Production of Documents; provided, that the period of time to which the aforesaid answers and materials relate shall be limited to the period from January 1, 1995, to the present; provided, further, that in the event EXHIBIT "G" that the minor Plaintiffs are withdrawn from the present action no such information or materials need be provided with respect to them; and provided, further, that, pending further order of court, the information received and documents disclosed by Plaintiffs in response to this order shall not be disclosed by Defendants' counsel to any person, except that Defendants' counsel may share in summary form the aforesaid information and documents received from Plaintiffs with his clients. By the Court, Glenn R. Davis, Esquire Latsha, Davis & Yohe, P.C. 210 Walnut Street P . O. Box 1196 3 Harrisburg, PA 17108-1963 Counsel for Plaintiffs David A. Baric, Esquire 1./'0' Brien, Baric & Scherer 17 West South Street Harrisburg, PA 17013 :srs LAT SHA DAVIS- & YOHE, PC. )~ ....! II I 1.1!' h.l . I \.,,,~l,, (' r,llt'.. {,I,'I.11 H 1),1\1\ rnll,~t ~h~f'lln.I'" 1"11 Ilh,lll M (:11\1 I ,h\.H,I(j <:111"11.,. 1,.I\dL~1.Il\",llI K,II!11~ (illhh.,lI :'11"H'1\ M M"nuc\tll' 1,''''" I. ~""',lId('v ('llIl\lI11l' I.. ~ll,lltlw' ATTORNEYS AT LAW l'IEA'" HU'''\'I() Hnrrisbur~ August 2, 1999 Ahuldlllrllfll':-"') ":-ie, ~1/J "':O-:J, rx: David A. Baric, Esq, O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 VIA FACSIMILE AND FIRST-CLASS MAIL Re: Knowles v. Faulkner c.c.r, Cumberland County No. 98-6238 - Civil Action-Law Our File No. 437-99 Dear Mr. Baric: In response to your Request for Production of Documents, I have been advised by the Knowleses of the following: 1. Their children Brendan's, Kristin's, Stefan's and Kelly's medical records are al110cated in the pediatrician's office of Jones, Daley & Coldren Associates, 25 West Shore Drive, Camp Hill, PA 17011. This would be the best location at which to find full medical records of any of the children. The Knowleses do not have these records in their possession. 2. 1 am further advised that some medical records are in the Knowleses' possession with regard to Kelly. These records pertain to blood tests, EKGs and EEGs for her seizures. This material would be duplicative of that which should be contained in her records which are maintained are Jones Daley & Coldren but wi1\ be provided for inspection at your direction, 3. Medical records of John and Joanne Knowles from 1995 are located in the following practices: Ihl Office Box 825 . Harrisburg, PA 17108-0825 4720 Old Geuysburg RoaJ. Suire 10\ . McchanicsbuTC. PA 17055' (717)761.1880 . FAX (717) 761-2286 7 Great Valley ParkwOl)', Suile 221 . Malvcrn. PA 19355' (610) 251.6985 . FAX (610) 407-9265 Jo.."O Atrium Way, Suile 251 . ~k Laurel. Nj 08054. (609) 231.5351 . FAX (609) 273.6913 M,~"'nd T,I,phoo" (410) 727.2810 ...... ~'JJ'''''' O'BRJEN,/IAR/C & SCIIERER 17 Wtsl South Slrrtl CarllSlr. I'rnnsylvania 170/J Rabtrt L, O'Brirn David A, Baric Mlcharl A, &hmr (717) 249-687 J Fax (717) 249.5755 E.moll- abs@abslaw,cam ,1i"CI: dbariC@abslaw,cam August 5, 1999 Glenn R, Davis, Esquire Latsha, Davis & Yohe, P.C, 4720 Old Gettysburg Rd" Suite 101 Mechanicsburg, Pennsylvania 17055 RE: Knowles v. Faulkner Dear Mr, Davis: I have received and reviewed your correspondence of August 2, 1999 regarding production of medical records of the plaintiffs as ordered by the court, Enclosed please find blank medical authorizations which I would ask be executed by your clients (with John and Joanne Knowles signing as guardians of the children) so that I may obtain the medical records from the health care providers you have identified, Please have the records in the possession of the Knowles' copied and forwarded to me, Also enclosed is a revised stipulation that I would ask you to review, Please call me with any questions or concerns you have regarding the revised stipulation, Very truly yours, ;;:::J7{:CHERFA David A. Baric, Esquire DAB/jl Enc~ cc:~ dab.dlrllltlgatlonlraulkncrldavl.2.ltr EXHIBIT "I" I.ml(lf/ill'! O'IJRIEN, IJARIC & .\'(,I/f.'Rf:R /7 H't'.H SoUl}, ,\'II'I'rl Car/i.l/e, l't'lJfU.dmma 170/3 Roberti.. O'8ri(// David A, Baric .\ficltael A, Sellerer (717) ]~~.6H7J I'i" (717) U9.J7JJ /0."",11I1. o"-,(Cl1ob.I/Clw.C'om dU'I'." dblllwfa'ah.1law.com Septt'll1her I, I ()l)t) VIA FACSIMILE: (717) 7(,1-228(, Glenn R, Davis, Esquire Latsha, Davis and Y ohe 4720 Old Gettysburg Rd" Suite 1 0 I Mechanicsburg, P A 17055 RE: Knowles v. Fnulkucr Dear Mr, Davis: Your clients arc in contempt of Judge Olcr's OIdcr rcgarding production ofthcir medical records, In the event I have not reccived thc rccords un or hcliHC Tucsday, Scptcmber 7, 1999,1 will file a motion for contempt and scek appropriatc sanctions including, but not limited to, dismissal of their claims, I have grown weary of your c1icots' basclcss claims against my clients and believe that the only recourse is to move this mattcr to a rcsolulion through thc Icgal process, It has become readily apparent that the Knowles' are not rational in tcrms ofa settlement of this matter, Vcry truly yours, b::;;"~~ERER David A, Baric, Esquire DAB/jl cc: ~ Stacy Faulkner ~ dab.dlrllltlgatlon/raulkner/da.'bJ.11 r /..., I':XIIIIII'I' "./" , AUTHORIZATION FORMED1CAL ANDLORJiO.5ffiAL INFORMATION This is to authorize any physiclon, modlcol oltendant or olhers to furnish the law firm of O'BRIEN, BARIC & SCHERER. 17 Wost South Stroot, Carlisle, Cumberland County, Pennsylvania, or any reprosontativo thoraof, ony and all information or opinion, 'Nhich they may request regarding my physical condition and treatment rendered therefor and to allow them to see or copy any X-rays or records 'Nhich you may have regarding my condition or treatmont from Jonuary 1, 1995 to the present, Joanne Knowles 12 Wheatland Drive Mechanicsburg, Pa 17055 WITNESS: DATED: JOliN I, Kr\OWI.I'S and JOANNE KNOWI.I,S, hn,hand and wifc. individually .lI1d ." parcnts aud uallllal [(UardlOU1' of thcir minor childrcn, IlRI'NI>..\N KNOWLES. KRISTY K~OWI.I,S, STEFFAN KNOWLES and KELLY KNOWLES. I ~ TilE COlIRT OF Cmt~lo~ I'l.h\S OJ- ('l'~lIlERI.AND COl'NTY, I'I'~~SYI.",\"I..\ CI"II. ACTION-LA\\' NO 9H-6,\2H I'lainlill's, JURY TRIAL DEMANDED v KENNETlI J. FAULKNER ami ANASTASIA FAULKNER. husband and wife, individually and as Ihe parents and nalural guardians of their minor childrcn, KEITH FAULKNER and KAITLYN FAULKNER, i: Delcndanls, ;1 , ii 11 I - C1"JHWICATE OF SERVICJ~ I hereby certify Ihat on IhetL~day of ~Prb;)l(~-r? I 999. I, David A, Baric, Esquire. i' -I ii :i of O'Brien. Baric & Scherer. did servc a copy of the within Defendants Kenneth J. Faulkuer 11 II I- ,I I' 1 aud Anastasia Faulker's MOlion 1'0" Sanctions, by first class U.S, mail, postage prepaid. to the parties listed below, as follows: Glenn Davis, Esquire Lalsha. Davis & Y ohe 4720 Old Gettyburg Road Suite 101 Mechanicsburg, Pennsylvania 17055 By: MAR1C~ERER ~~. David A, Baric, Esquire !:r-!~';r,.:.:~::.'" ,;'~?::'5~;,,',-:'. ,;,." "'"'-':'\'; ~':';'";~;\1;). tt:;;;~ ';'\'';~.ff~'''''},'l-'';,,,,~l'~''''''':':''"''''''''~t>i;-':V,',;i 1;."\,,,,,. *"".>"-.",.",,.1 ~ri\"'>Il'r~~\~\r;~~\~~~ ;;;;,x... ~6~;f~\~,(:;ti[:._:~.:I::\r "-?~:::?:'2~22S":.,::'i:,,'{rLT:~".-;,~1~~11(:I~~:;';;":~.~jf:t'~':'J,::.,:~'5{~~~1,9:::~~1 .;::.zr~:T'I:.r:T..:.:~i:;:-,;~'=f:IC~~I:1.'::::!,:::"-~-c::::::~=Z:'~C::',l~",~~;..I1~7.:.::U~~_1f"-::rn~ ., .~, ..1 ,,- ";::..- ." ..-' +.." h ::r:("'.t'>;-":I~ "1 ' ~/ ~ T~,-'~ . , ' '.' l.,.:.-~ "<t:.,:.".,.'-~~,~ ',/,}""';;Jj ,;:i:,';~__ '''_' '-,,'j \i";d",!9~, ')i.' 1~f~" ..'-~ ~: f 'J: !~~~~r~L:':;;~~;,::~~:~~~~:~f~.;;~;t~(::~J:~;fr~;J;; J.~~'1i~,~t'p;.t?i! .' { : " I' ~, l : 'I'.. ,I . ~, /1' it! ," " J. '< I . .~ ,~ """ .~,. , " -. . . . , ~lA1SH A DAVIS . & Y OHE, p,c. ATTORNEYS AT LAW n 1:\ fi2S ~ Pml ('HKI-. (,' t7IOH-OH2:'t ' Il:o-.;:-';\YI,\'t\:-';I:\ lL\lumlll'IU., 1... - . L{ OCT lYi 199~ I "',/l.. .~. '\ <<: ,- , , . ~'.;:. ", '., I'. "~;~~:: I;;. , ~ .l,' :." , ~~'.!,;( , , : , .....\ . .', 1 I , I J I I I IN TIlE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E, KNOWLES ,1I1d J( lANNE KNOWLES, husband and wifl', individually and as parents and natural guardi,1I1s of thl'ir minor children, BRENDAN KNOWLES, KRISTY KNOWLES, STEFFAN KNOWLES, and KELLY KNOWLES, Plaintiffs v, NO. 'iH-623H KENNETH J. FAULKNER and ANASTASIA fAULKNER, husband and wife, CIVIL ACTION - LA W Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO FILE SECOND AMENDED COMPLAINT UNDER RULE 1033 AND NOW COMES, Plaintiffs, John E. Knowles and Joanne Knowles, husband and wife, individually and as parents and natural guardians of their minor children, Brendan Knowles, Kristy Knowles, Steffan Knowles, and Kelly Knowles, by and through their attorneys, Latsha Davis & Yohe, p,c., and moves this Court to grant leave under Rule 1033 to file il second amended complaint and in support thereof aver the following: 1. On November 4,1998, the initial complaint was filed by John E. Knowles and Joanne Knowles, his wife, against Kenneth J, Faulkner and Anastasia Faulkner. ~ Def~ndants. Kl'nlll'th J. F.mlklll'r .ll1d Anasl,lsi.l I'.lldklll'r filed prl'limill'lry Ilbjl'dil1lls tll th~ initial complaint Iln or ,1bl1ul NIl\'l'mbl'r ZO. 1')'JK, 2. In r~spllns~ tll th~ afllr~ll1~ntilln~d prl'iiminilry Ilbj~rtillns Iln ()eCl'll1b~r 11, 1998, Plaintiffs, John E. KnowlL's, JIlann~ KnowlL's, individually and ,IS p,Hl'nls and nilturill gUilniians of th~ir minor childr~n, Br~ndan Knowles, Krbty KnllwlL's, Sleffan Knowlcs, ilnd K~lly Knowles, filL'd an ilm~nd~d complaint against K~nndh J. Faulkn~r ilnd Anastasia FallJkn~r aVl'rring in CIluntl an action bas~d in inknlional infliction of emotional distr~ss on b~half of all plaintiffs and Count 11 an action bas~d in sland~r as to Plilintiff, John E. Knowl~s. 3, On or about Dl'c~mb~r 23, 199K, Def~ndants, K~nnl,th J. Filulkner ilnd Anilstasia Faulkn~r filcd an answ~r to thc ilmcnd~d complaint and Count~r-Plaintiffs, Kcnneth J. Faulkncr, Anastasia Filulkn~r, individually and ilS par~nts and natuCill guardians of thcir minor childrcn, Keith Faulkncr and Kaitlyn Faulkner, filed a new matter and countcrclaim in which in Count I, Kcnneth J, Filtllkner and Anastasiil Faulkner as guardiilns of Keith Faulkncr illlcgc a cause of action founded in ilssilult and battery against John E. Knowles, Joanne Knowles and Brcndan Knowles; in Count 11, Countcr-Plaintiffs, Kcnneth J. Faulkncr and Anastasia Faulkner, individually and as guardians of their minor childrcn, allcge a cause of action in conccrtcd action against John E, and Joanne Knowlcs, individually ilnd as guardians of their minor children; and in Count III, Countcr-Plaintiffs, Kenneth J. Faulkner and Anastasiil Faulkner, individuillly and as guardians of thcir minor childrcn, allegc a cause of ilction in private 50536.1 2 IN TIlE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOliN E. KNOWLES, J( lANNE KN( )\VI.I'S and BRENDAN KNOWLES, Plaintiffs v. NO. Sl!H23H KENNETH J, FAULKNER and ANASTASIA I'AULKNER, husband ,1I1d wife, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED SECOND AMENDED COMPLAINT Plaintiffs, John E. Knowlcs, Joannc Knowlcs, and Brcndan Knowlcs, filc this second amcnded complaint against thc abovc-namcd defcndants, and in support thercof, state as follows: Parties 1. Plaintiffs, John E, Knowlcs and Joanne Knowles, are individuals residing at 12 Wheatland Drive, Silver Spring Township (Mcchanicsburg mailing address), Cumberland County, Pennsylvania. They are the parents of Plaintiff, Brendan Knowles, one of their four children, who resides with them at the same address. 2. Defendants, Kenneth J. Faulkner and Anastasia Faulkner, are adult individuals residing at 8 Wheatland Drive, Mechanicsburg, Cumberland County, Pennsylvania. Operative Facts 3. Plaintiffs moved into their home at 12 Wheatland Drive on June 25,1997. . 4. Dl'fl'ml,lI1t~ h,lVl,liVl'd .1t H Wh".\tl,lIld Drivl' ~il1n' ~omdil111.11l'for,' Junl' 25, 191.)7, and have bl'l'n next-door tll'i~hb(lr, of 1'1,1il1tiff~ ~il1(l'l'I.\intiffs l11ovl.d in on Junl' 25,11.)')7. 5. Beginning in 1.\11 oj 1')97, Plaintifb h,\d dis,,~n'I'l11enls wilh Dl'femt.mls about various issues of township codes enforCl'menl, including spel'd limits on Wheatland Drive and Mr. Knowles's conduct of a Iwme occupation, 6. As a result of these early disagreements (most of which have now been resolved), Defendants apparl'nlly concluded that thl'Y would livl' in a perpetual slate of hostility with Plaintiffs, and thereafter l.'llgaged in a courSl' of offense and outrageous behavior, the intent of which is to cause so much stress and anxiety to Plaintiffs that they will ultimately move out of the neighborhood. Amon~ the actions engaged in by the Faulkners arc the following: a. On numerous occasions in October and November 1997, Mrs. Faulkner engaged in a course of stalking activity directed at the Knowleses, which included walking up and down bolh sides of the Knowles property snapping pictures of their home and family from all angles, yelling insults at the Knowles children as she proceeded, On December 9,1997, the Knowleses' then- attorney, Scott Moore, wrote to the Faulkners requesting them to cease and desist from such behavior, A copy of Mr, Moore's letter is attached hereto as Exhibit IIA," b. On November 19, 1997, Mrs. Faulkner trespassed on the Knowles property and entered the Knowleses' garage to take pictures of its contents. The 50557,1 2 50557.1 PUrpOSl' of Ihis phologr,ll'hir <""'011',1<1" W,IS III 'llh'lllpt 10 inili,ll,' rodl' enforcl'lllent ,lClil'ity ,lg,linst Mr, Knowll's, (. On jilllUMY 22, I'll)/{, Mrs, Faulknl'r fil,'d a wlllpl.1int ag.linst Plaintiffs wilh till' Sih'l'r Spring Township Polin' D"poHtnll'nl, sl,lting thallhe Plaintiffs' dog wl'nl on hl'r propl'rly, This could nol have happl'llL'd, because the Plainliffs' dogs are restr.linl'd by an electronic fence and nel'l'r leave lhe property. This ch'lrge was dropped. d. On February 23, 1'Il/H, Mrs, Anastasia Faulkner filed a wmplaint with the Silver Spring Township ('0 I ice Department accusing Mr. Knowles of taking video pictures of her through her bathroom window, The Chief of Police of Silver Spring Township came to interrogate Mr, Knowles about this complaint, causing him great embarrassment. On information and belief, this accllsation was repeated to other individuals, including without limitation: Maribeth Bucher, Sandra Book, Susan Harrell, Lanie D' Agostino, Debora Scheifflee, and Dana Dagle. The report was patently false, inasmuch as there is no vantage point on the Knowles property from which it would be possible to shoot video pictures of activities in Mrs. Faulkner's bathroom, e. On numerous occasions for the past year, Mrs. Faulkner has stood in her yard and yelled and threatened the Knowleses' children, making such statements as, "Why don't you move," "Your mother was in a crazy house," and Your parents are evil." ~"'. 1-'.' Ii, f'" i t 3 50557,1 f, On s..'pll'rnl1L'r \:1, 1')'iH, Mrs,l'.llIlkner mockl.d .1l1d llL-rided the Know!L'ses' daughll'r, Kl'lIy, who suffl'rs from Down's syndroml', c.llling hl'r a "retard" and (lthl'r derogatory nan1l'S, ,lod rnaking stich statl'ments (IS, liThe Knowlesl's arl' a bunch of rl'lards and they brel'd rl'l.lrds," g. On July 31, 199H, Mrs, Faulkner walked across the Knowleses' front yard smashing eggs on the ground, yelling obscenities, and making obscene gestures at the Knowleses ,1l1d their children, That night, Mr. Knowles's trailer was pelted with eggs, The Knowleses filed a report reflecting this incident with the Silver Spring Township Police Department on August 2,1998. h. On information and belief, the Faulkners have made numerous anonymous phone calls to the Codes Enforcement Office of Silver Spring Township, complaining of nonexistent violations, These complains have caused township officials to appear at the Knowleses' property on numerous occasions taking pictures, to the Knowleses' great embarrassment. i. On information and belief, the Faulkners have made numerous anonymous phone calls to the Codes Enforcement Office of Silver Spring Township, complaining of nonexistent violations. These complaints have caused township officials to appear at the Knowleses' property on numerous occasions taking pictures, to the Knowleses' great embarrassment, j. One of the Knowleses' dogs is an Australian cattle dog, which was donated to the family by the Cumberland County ARC for the specific purpose of acting as companion to their daughter, Kelly. This dog is registered with the 4 Commonwl'.llth of l'ennsylv,lIli,l ,1S a speci,lllll'l'ds dng, ()n numl'rous occasions, bolh Kl'nnl'lh 1',1lIIklll'r and An,lslasi,l F.llIlklll'r, sllnll'linll's wilh an accomplicl', h,1\'I' t.Hlnled and altl'mptl'd tlll'ntice this dllg off till' Knowleses' properly, causing increased h.lZard for the Knowk'sl'S' disolbil'd daughter, The most recent such episode involved Mrs. Faulkner lln October 6, IlJlJH, k. Uoth Kenneth Faulkner and Anastilsia Faulkner have, either themselves or by encouraging their children 10 do so, engaged in a course of vandalism on the Knowleses' property, This vandalism has included obscene graffiti being painted on the Knowleses' front porch, the "handicapped" sign they have erected for the protection of their daughter being torn down, and eggs being thrown. Plaintiffs cannot identify the specific perpetrator of every act of vandalism, but can state specifically that Mrs. Faulkner was observed pelting the Knowles property with eggs on October 30, llJlJH, and her son was observed tearing down the "handicapped" sign on the evening of October 31,1998. COUNT I Intentional Infliction of Emotional Distress 7. Paragraphs 1 through 6 hereof are incorporated by reference as though fully set forth herein. 8. The course of conduct described above has been initiated and continued with no legitimate purpose other than to make the Plaintiffs' life miserable and cause them such stress and anxiety that they ultimately decide to move from the neighborhood. 50557.1 5 Y. The aforesaid course of l'Ondllrl h,IS h,ld Ihl'l'Ifl'll of l.ll"in" l'l.linliffs, John E. Knowles and Joanne Knowles, to slIffl'r Wl'.lt .lnxil'ly, with result.lIlt physk.ll symptoms, includin~, withoutlimit.ltion. insomni.l. wl'i~ht loss .1Ild di~l'stive problems, and has made it impossible for the Knowll'sl's to l'nj(ly liVing in tlll'ir homl'. 10. Defendants' actions have bel'n so outra~eous, malicious and unjustified as to justify the imposition of punitive dama~es, WHEREFORE, Plaintiffs, John E, Knowles and Joanne Kn(lwles, demand judgment against Defendants in an unliquidated amount in excess of the amount requiring arbitration under local rules, plus punitive dama~es and costs accordin~ to law. COUNT II Slander 11. Paragraphs 1 through 10 hereof are incorporated by reference as though fully set forth herein. 12. In accusing Mr, Knowles of shooting video pictures of her through her bathroom window to the Silver Spring Township Police Department, Defendant, Anastasia Faulkner, has accused him of a crime, the nature of which is to expose him to contempt in the eyes of the community. 13. Such accusation constitutes slander I2IT se, for which Plaintiff, John Knowles is entitled to damages, 5(1557.1 6 WIIEREFORE, Plaintiff, Jol1n E. Knowles, del11.lIlds judgl11enl ag,linsl Dl'fl'nd.lIl1s in ,lnunli'luid,lll'd .1I110unl illl'XCl'SS of till' amounl fl''1uiring ,1rbilr'llion ulllIL'r loc,ll rull's. plus punitil'e d,II11,lgl'S ,111<1 l'Osls .lccording 10 l,lI\'. COUNT III Defamation 14, Paragraphs I Ihrough IJ hereof are incorporaled by reference ilS Ihough fully set forlh herein. 15. Plaintiff, Brendan Knowles, is a good, true, honest, ilnd virtuous citizen of Cumberland County and has, at all times, abided by and conducted himself in accordance with the laws of the Commonwealth of Pennsylvania. 16, Plaintiff, Brendan Knowles, Wils known and respected as a person of good nilme, credit, and reputation, by reason of which he gained the love, affection, goodwill, and esteem of family, friends, classmates, neighbors, and diverse other good people of the Commonwealth of Pennsylvania, 17. For the last several years and until June of 1999, Plaintiff, Brendan Knowles, has been il student enrolled in the Cumberland Valley School District, where he has achieved academic distinction as iln honor student and will graduate on June 12, 1999. 18. On Thursday, May 27,1999, Plaintiff, Brendan Knowles, was awarded The Eagle Award of Distinction from the National Honor Society and also the Paul R. Eggert Memorial Scholarship in recognition of his academic ilchievements. 50557.1 7 (Y. l'laintiff, Brendan Knowles, is alsol'ngagl'd in various communily sl'rvice organizations including, among olhers, an organization which is comnwnly referred to as the U. S, Naval Sl'a Cadds whefL'in he trains for a possible future carcer in the United States Armcd Forccs; l'1,linliff, Brcndan Knowlcs, also providcs community scrvice to charitable organizatiuns and other persons in nced. 20. As a result of his academic award and achievcments, Plaintiff, Brendan Knowles, began to matriculate 10 classes at Pennsylvania Stall' University this year. 21. Defendant, Anastasia Faulkner, inlending 10 deprive Plaintiff, Brendan Knowles, of his good name, credit, and reputalion, and to bring him into disrepute among neighbors, fellow students, and other membcrs of the community, did on or about Saturday, Oclober 17, 1998, by lelephonic transmission, speak and publish the following false and defamatory words to the Silver Spring Township Police Department, by stating to Detective D, E. Sabadish that the Knowles' boy was a senior and was a loner and that she was afraid that he may take a gun to the school and start shooting other studenls including her son, (See Exhibit "B,") 22. John E, and Joanne Knowles, the natural parents of Plaintiff, Brendan Knowles, have two sons, who only Brendan Knowles was a senior at Cumberland Valley High School at the time, 23. Plaintiff, Brendan Knowles, has never owned a gun, nor has he ever taken a gun or other weapon to any schoo\. 50557.1 8 24. TIll' words cont,lilll'd in till' Silvl'r Spring Township Polkl' Ikpartnll'nt Complaint uttcrcd by Defl'ndant, An,lsl,lSi,l I'.lulkner, Wl're and are untrm', and were known by Defcndant, Anastasia F,llIlkner. 10 be untrue whcnullercd and publislll'd, 25. Defcndant, Anastasia Faulklll'r, is a person of apparent responsibility whose position in life is calculatcd to give credit to the ullcrances and chargcs made by her. 26, By reason of the abovc, Plaintiff, Brendan Knowlcs, has been greatly hurt and injured in his good namc, fame and reputation, and has bccn brought into disgrace and disrepute among his pcers, fcllow students, school administration, and whoever since the spcaking and publication of the false, scandalous and defamatory words by Defendant, Anastasia Faulkner, have suspecled him of thc allcged and purported acts. 27. Defendant, Anastasia Faulkner's statcments are actionable, per se, and slanderous, pcr sc. 28. The statements identified above were made by Defendant, Anastasia Faulkner, intentionally, Willfully, and maliciously, and were made with knowledge of their falsity or with reckless disregard for their truth or falsity, 29. As a direct and proximate result of the false, misleading, and malicious statements of Defendant, Anastasia Faulkner, to the Silver Spring Township Police Department, Plaintiff, Brendan Knowles, has suffered and will continue to suffer various and irreparable injury to his name and reputation, 30. As a direct and proximate rcsult of thc conduct of Defendant, Anastasia Faulkner, Plaintiff, Brendan Knowles, suffered severe emotional distress, pain, anguish, 50557.1 9 '- i. r " II' '1-.' IJ I i ! . I." i 1 " I ,!' , U 'j " 1..1 -:1 (' v' , i I, f I I l - ~~~ . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. KNOWLES, JOANNE KNOWl.ES and BRENDAN KNOWl.ES, Plaintiffs v. NO, lJH-('2:lH KENNETH J. FAULKNER and ANASTASIA FAULKNER, husband and wife, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO MOTION FOR SANCTIONS AND NOW, COMES, Plaintiffs, John E. Knowll's ,md Joanne Knowles, by and through their attorneys, Latsha Davis & Yohe, r.c., and in response to Defendants' Motion for Sanctions states as follows: 1. Admitted. 2. Denied. The copy of D('fendants' Interrogatories and Request for Production of Documents which was provided to answer had no certificate of service attached and was undated. See also Defendants' Exhibits "A" and "B." 3. Admitted. 4. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. I i 5. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. "'i (" After fl',lSol1.lbl.. inv..~tig,1tion. Answering 1'l,1intiffs' ((luns..1 is without informiltion suffiril'ntto form .llwlil'f .1S to th.. truthfulness of this ,lVl'rml'nl. Defendants' Exhibits" A" ,111<1 "II" did nol have cl'rtifirall's of sl'rvicl' nor Wl'rl' they dated. 7. After rl'asonabll' ilwl'stigiltion, Answering I'l.lintiffs' counsel is without informiltion sufficient to form a belief ilS to the truthfulness of this a\'l'rment. At the time thilt the discovery ,1I1swers Wl're provided to Plaintiffs, Plaintiffs were represented by former counsel who ilppl'ilrS to hilve filed answers on or about jilnuilry 12. 8. Admitted thiltthe illlached jilnuilry 19, 1999, correspondence speilks for itself. 9. Admitted thilt the compli1int filed by Plilintiffs speilks for itself, which includes in its Count I il Ciluse of ilction entitled "Intentionill Infliction of Emotionill Distress." By WilY of further ilnswer, Pli1intiffs hil\'l' filed il motion seeking to amend this Count I. 10. Admitted. 11. Admitted thilt il discovery conference was held on June 2 ilnd an order issued pursuant thereto by the Honorable j. Wesley Oler, Jr., which order speaks for itself. 12. Admitted, 13. Admitted. 14. Admitted thilt Defendilnts issued the ilttached correspondence dated September 1, 1999. By WilY of further ilnswer, counsel for Plaintiffs notified counsel for 5063H.l 2 Dcfend,mts th,1l his n',\lIl'stl'd <'01\",'111 \\"IS l'xtl'l'll11'ly I1n",d ,md olllsidl' of 11ll' tillll' fr~mc of ~ny order isslll'd by 111l' Court and ill .1I1111l,l(ceptable form, Mon'o",'r, till' Court's onll'r of JlII1l' 2 W,lS l'lllllplil'd wilh ill th,ltllll'dic,ll records in possl'ssioll of PI~intiffs h~vl' b,'en provided to Defcnd,mls. Addition,llly, in ,1l'llIlVl'rsatioll bl'tWI'I'1l counsel, counsel for Dcfcnd~nts was notificd th~t Plaintiffs would bc seckin~ 1t'.lVC of court to filc ~ sccond amcndcd complaint in which thc minor childrcn wcrc withdrawn from Count 11. Concurrcncc in thc prcscnlmcnt of such motion w~s sought ~nd was withheld by counsel for Defcndal\ts, Morcover, Defendants have f~i1ed to obl~in the medic~l records by thc ~ppropriatc mc~ns provided for in the Rule. 15, Admittcd that the refercnccd lettcr of Septcmber 10, 1999, w~s issucd by counsel for Defend~nts. 16, Admitted. No mcdical relc~ses have been provided by Plaintiffs to Dcfend~nts nor have medical records not in the posscssion of PI~intiffs becn provided. By way of furthcr answer, the Court's order of June 2 did not rcquire the Plaintiffs to execute medical releases as now seemingly implied by Defendants' counsel. Moreover, the medical records in the possession of Plaintiffs have been provided to Defendants in compliance with the Court's order and as represented in the response to the request for production of documents, The actions by Defend~nts in filing the motion are without merit and intended by Defendants to bc vex~tious and harassing. These actions are only a further indication of the actionable conduct of Defendants which is the foundation of the original action. 511b3K.1 3 a ^ dcposition of thc ChicI' of Policc l(lr Silver Sprinj( Township noticcd and taken by thc allorney for the plaintil)'s This dcposition included prodoction of Ihc cntire tilc hcld by thc Silvcr Spring Policc Departmcnt rc!(ardinj( .'alls made by the phlintill's as wcll as thc defcndants to the departmcnt and invcstigations which cosucd Ihlln thosc calls and/or complaints b, Intcrrogatorics and documcnt rcqucsts of dcfcndants scrvcd on plainti!fs seeking production and discovery of documcnts which would supp0l1thc claims of intentional infliction ofcmolional dislress and slundcr asscrtcd by plaintill's in Ihcir original and First Amendcd Complaint. Thcse discovcry rcqucsts wcrc thc basis of a motion to compel by dcfendants. an ordcr was issucd by J, Wcslcy Olcr. J compclling production and arc now the basis ofa motion for sanctions resulting from thc failurc ofplaintilfs' to deliver up the documents requested, c, Subpocnas issucd by plainti!),s to all individuals who supposcdly wcre recipients oftbc allegcd slanderous statcmcnts, Interestingly. nonc ofthcsc individuals have bcen subsequently deposed by plaintiffs yct identification of these individuals required that defendants' counsel contact each ofthcm to dctermine what they were told or remembered, 4, The plaintiffs' now seek to further amend their complaint to include an entirely new cause of action based upon a record which they have had in their possession since the deposition of the Chief of the Silver Spring Police Department and only after they have failed and refuscd to produce medical records which would support thcir claim of intentional infliction of emotional distress, 5, The new cause of action sought to be asserted appears to be directed at only one ofthc prcscnt dcfendants and involvcs allcgations unrelatcd to thc causcs of action sct f(mh in thc First Amcndcd Complainl and should hc. Ihcrclillc. maintaincd as a scparatc action " Thc dcposition ofthc witncss who will most likely hc call cd upon to Icstily as to the ncw causc of action. Ihc ChicI' of Policc of Silvcr Spring Township. has alrcady bccn takcn in this mattcr, 7, Substantial discovery has alrcady occurrcd in this mattcr and the dcfcndants will bc prcjudiccd ifthc amcndmcnt sough I is pcrmittcd, Rcspectfully submittcd, 8, PlaintitTs' scck Icavc to amcnd only bccause thcy havc becn unablc to provide proof ofthc claims prcscntly asscrtcd, WHEREFORE. Defcndants rcspectfully rcqucst that thc motion to amcnd by denied, ;;::;;;; {i~R David A. Baric, Esquire ID#44853 J 7 W. South 51. Carlisle, I' A 17013 (717) 249-6873 Attorncy for Defendants, JOlIN E KNOWl.ES and JOANNE KNOWl.ES, husband and wife. individually allll as parents and natural guardians of their minor children. BRENDAN KNOWLES. KRISTY KNOWl.ES. STEFFAN KNOWLES and KEl.l.Y KNOWl.ES. IN TilE COlJRT OF CO\IMON PI.EAS OF ClJMBERl.AND COlJNTY. PENNSYl.V ANIA CIVIl. "ClION.I.AW NO c)~-612~ Plaintitls. , HillY TIlIAL DEMANDED v KENNETH 1. FAULKNER and ANASTASIA FAULKNER. husband and wife, individually and as the parents and natural guardians of their minor children, KEITH FAULKNER and KAITLYN FAULKNER, Defendants, CERTIFICATE OF SERVICE I hereby certify that on Octobcr 28 1999. I, David A, Baric, Esquire, of O'Bricn, Baric & Scherer, did scrve a copy ofthc Defendants Responsc in Oppostionto Plaintiffs' Request to File Second Amended Complant, by first class U,S, mail, postage prepaid, to the parties listed below, as follows: Glenn Davis, Esquire Latsha. Davis & Y ohc 4720 Old Gellyburg Road Suite 101 Mechanicsburg, Pcnnsylvania 17055 ~l1rJ. David A, Baric, Esquire ,I if~ ,\rrl \ t' !r<\,{"" ~ {))\'C:'t\J'\" t:::rv t,l i,s fI"I" 1,1 r~ In thl.' Cuurt ur Cummon Illens or ('ulllht'rl:UHI ClIllllly. 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