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HomeMy WebLinkAbout00-05895 -,.- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE " ANNETTE G. FOLGUERAS, Plaintiff v. CHRISTOPHER J. BLEWETT, and HOLLI M, HILL, Defendant .... . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5895 : CIVIL ACTION - LAW RESPONSE OF DEFENDANT HOLLI M. HILL TO RULE RE: PLAINTIFF'S MOTION TO COMPEL Defendant Holli M. Hill hereby incorporates by reference the attached Response to the Rule issued by the Court under its Order dated February 5, 2002 with respect to the above matter. Date: February 13,2002 SNELBAKER, BRENNEMAN & SPARE, p, C, I/~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill i -" > LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE - ~', - - ,C""..; _'",,, ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-5895 v. CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant o r''::~, ---, CIVIL ACTION - LAW RESPONSE OF DEFENDANT HOLLI M. HILL TO PLAINTIFF'S MOTION TO COMPEL -. I;' Defendant Holli M. Hill, by her attorneys, Snelbaker, Brenneman & Spare, P. C. submits this response to Plaintiffs Motion to Compel as follows: 1. Admitted. 2. Admitted, 3, Admitted in part; denied in part. It is admitted only that on or about May 18,2001 Plaintiff filed a civil Complaint against Defendants Christopher J. Blewett and _Holli M. Hill and that a copy of the Complaint is attached to Plaintiffs Motion as Exhibit A. It is denied that the Complaint sets forth claims for intentional infliction of emotional distress, false light/invasion of privacy and defamation for the reasons set forth in Defendants' Preliminary Objections to Plaintiffs Complaint, the averments of which are incorporated by reference herein. With respect to Plaintiffs characterization of how the "Complaint" arose, same is specifically denied and strict proof demanded. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. I II II LAW OFFICES SNEL@AKER. BRENNEMAN & SPARE ~ = ' -, """"'-"-,~ 8. Admitted in part; denied in part. It is admitted that Keith Brenneman mailed correspondence to counsel for Ms. Folgueras on January 18,2002. It is believed and therefore averred that the correspondence was not received by Plaintiffs counsel on the same date it was mailed; therefore, Plaintiffs allegation that the correspondence was received on January 18, 2002. is denied. The remaining allegations in Paragraph 8 of Plaintiffs Motion contain intentional misstatements of fact and material omissions of information and are therefore denied. At no time did counsel for Holli M. Hill advise Plaintiffs counsel that Ms, Hall was six to eight weeks pregnant. Such information was communicated by a letter from Defendant Hill's doctor, a copy of which was transmitted by Defendant Hill's counsel. True and correct copies of the January 18,2002 letter by Keith 0, Brenneman to Attorney Kadel as well as the letter from Dr. Daggs dated January 14,2002 transmitted therewith are attached hereto and incorporated by reference herein as "Exhibit I" and "Exhibit 2", respectively. 9, Admitted. 1 0, Admitted in part; denied in part. It is admitted that Defendant Hill did not attend the scheduled deposition. It is also admitted that neither an objection nor a motion for a protective order had been filed. It is denied, to the extent it is expressed or implied, that sanctions are warranted for the reasons given to Plaintiffs counsel in Exhibit 2 and because no order of this Court has been violated, To the extent either objections or a motion for protective order is deemed necessary, such objections and motion are made hereby for the reasons set forth herein. 11. Denied. It is denied that it is imperative that Defendant Hill be deposed now as opposed to after delivery of her child. To the contrary, it is imperative that Defendant Hill be -2- - LAW OF"F1CES SNELSAKER. BRENNEMAN & SPARE , ""'._<""O"'~ , ~ free of stress and the harassment of the present motion by Plaintiff, which motion was in complete disregard of a reasonable request to ensure the health and welfare of Defendant Hill and her child. WHEREFORE, Defendant Holli M, Hill requests this Court to deny Plaintiffs Motion to Compel, issue a protective order precluding Plaintiff from deposing Defendant Hill until a reasonable time after delivery of Defendant Hill's child and award Defendant Holli M, Hill counsel fees and costs for Plaintiffs obdurate and vexatious actions in pursuing the Motion sub iudice. SNELBAKER, BRENNEMAN & SPARE, P. C. ~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M, Hill Date: February 4, 2002 -3- II II '..- -"'- . -'.~ n SNELBAKER, BRENNEMAN g SPARE ^ PR.OFESSIONAL CORPOi\.ATlON ATTORNEYS AT LAW 44 WEST MAIN' STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD' c. SNELBAKER. KEITH O. .BRENNEMAN PHIUP H. SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 January 18,2002 Susan M, Kadel, Esquire P. O. Box 650 Hershey,PA 17033 Re: Folgueras v. Blewett and Hill No. 2000-5895, C.C.P., Cumberland County Dear Ms. Kadel: I am in the process of entering my appearance for Holli Hill with Attorney Sam Andes withdrawing his appearance on her behalf. In the meantime, I have been advised of a deposition that you scheduled for Tuesday, January 29,2002 at your office. Please be advised that my client is pregnant and is considered a high-risk obstetrical case. She is to be on modified bed rest throughout her pregnancy. Accordingly, she does not want to jeopardize the health of her child by among other things, participating in a deposition during the time of her pregnancy. I am enclosing a letter dated January 14,2002 from Ms. Hill's treating physician. Please advise whether you will agree to postpone her deposition until after delivery of her child or if! will need to file a motion for a protective order. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Holli M. HilI EXHIBIT 1 o " ,~ ~ ,", ,"~:, - ,- ~", -,,; Ceder .for cr[j))omens ?/fea/tb A SERVICE OF HOLY SPIRIT HEALTH SYSTEM January 14, 2002 Re: Holli Hill DOB: 3/3/65 To Whom It May Concem: Regarding the above-named patient who is currently under our care for pregnancy, patient is considered a high-risk obstetrical case. The patient's prior obstetric history is significont for history of mOllerian malformation of uterus dldelphys, which puts her at risk for pre-term labor. The patient's two prior pregnancies were complicated by pre-term labor and need for tocolytic therapy. both inpatient and outpatient. Given these risk factors and previous pre-term delivery at 33 weeks and 37 weeks gestation. it is recommended that Ms. Hill be on modified bed rest throughout her pregnancy. The restrictions with respect to her physicai activity may also be extended to strict bed rest with advancing gestation, Ms. Hill is currently six to eight weeks pregnant with mild hyperemesis gravidarum. . ~ Ms. Hill also has a ~ old under her care and therefore it is recommended that she not pursue any part or fulltime work outside of the home and may require assistance in the care of this child as the pregnancy progresses. given her prior obstetric history. If there are any questions or further information is required. please do not hesitate to contact our offices s needed. y. ~ -- ,.AI ~'/ . :aggs, ~ \j rour Parmer For Good Health 423 N. 21' STREET Cl,,~!P HILL. P."" liOll (ilil i63-9680 H'(; (ili) iii-2i6j EXHIBIT 2 LAW OFFICES SNEL8AKER. BRENNEMAN 8: SPARE " . : ,,- !,~,"- ,~ J__;","", 1:0 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Response to be served upon the person and in the marmer indicated below: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Susan M, Kadel, Esquire James, Smith, Durkin & Connelly. LLP P. O. Box 650 Hershey, P A 17033-0650 Samuel L Andes, Esquire 525 N. l2'h Street P. 0, Box 168 Lemoyne, P A 17043 ~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill Date: February 4, 2002 'i il Ii ~... ",,",,~-~ CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Response to be served upon the person and in the marmer indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. 0, Box 650 Hershey, P A 17033-0650 Samuel 1. Andes, Esquire 525 N. 12th Street P. O. Box 168 Lemoyne, P A 17043 {i~ Keith 0, Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, p, C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill Date: February 13,2002 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ,,' >~JlIji nt" ~ --Ulie.~"'''''' lmllW~.i'>~'-~ if ~ ^' " " _. ~ <.,<,~,~." Il q _,L - ,.,~ ,. .,. ." --. J - ~1 0 C) C' r<l 7'W -n -rJ he \,""1''\ q' 1 ... 2: .7~_ 1- .. (1' 0--) .~,f~ ...- C' ',c:': ~~. ~.i-'" C) Z C; .. 5'-' G - 'n," L-.. :::> ~:J '-\ -~ ...! --<: " ,~,"'" .., '^ "~'~"'_"_w" /"~.-", "h ",,'-;.',-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant ORDER AND NOW, this _ day of , 2000, it is hereby ordered and decreed that the Derry Township Police Department is directed to preserve all evidence seized from Christopher J. Blewett and Holli M. Hill, including but not limited to computer hardware and software, and any and all fixed and removable devices related thereto. The Department is directed to preserve and maintain such evidence until further order of this Court. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil , CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant RULE TO SHOW CAUSE AND NOW, this 15 (t,daYOf .sc~c ....,k,6 ,2000, a Rule is hereby entered against cVldDCJr1 T"'.......>>S.L,,(J. the Defendants, Christopher J. Blewett and Holli M. Hill, to show why the within relief should not '" be granted. Rule returnable within ;L 0 days from the date of service. fl07J\.,~ f'<U"ttcr .uJeJ ~ C.OUl"-r-t~c: L",Lc..c:..1'7 !:.L2tlll7<>t Lc. ~ltCJ,-J f>J Jes-h""c/ BY THE COURT: ~"C"S,tQJ) , viA- , -{\\~ C~9-00 J. R~ f C. fa . 8d'{- c:. 5"0, ~l Pit- .~tUL-)1]. y(CUdb( ~c. - . da.il,~.J;t- "/I ..~~ fll ~;J.~-0107-r..J- -~7 'J I'~ I ~ Ylt. ~ -.;zo7 '73~4-:f., yJav-~~cI, P4 ~ 7~ -J35" ~ ~J ~ fe:v '"'~, "J.. ',',. , .~ " . . ",-, ~ 'l' ,-". ,'-'. ,- ':;<." "..': "'~""" ' \ ,<"e" <'""'i! ! I .-'< --"IiIlIii"'- ~~-, VIl\I\'!\ll,SNI'8d . JJNf\08 Q\\({18:j9"'W 'l~:\ ~ld Ell d3S00 tU""o"r-' "<'" ' -,,' '0 f\dVJ.. \'i,\,.,lriJ:.J::J':: :'~hl ::. '" ~r"J ,r' ,T"\" j..)b:I.\,..l"-\...::1 1;) s ^ ~,o., _ ' '" ~ ,;",';,-,;^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant MOTION FOR PRESERVATION OF EVIDENCE AND NOW, comes the Plaintiff, Annette G. Folgueras, by and through her counsel, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly LLP and avers as follows: 1. PlaintiffIMovant, Annette G. Folgueras (hereinafter referred to as Plaintiff), filed a Praecipe for Writ of Summons against the above named Defendants on August 28, 2000. Said Writ of Summons was served upon both Defendants, on September 12, 2000. 2. Plaintiff and Defendant, Christopher J. Blewett, are husband and wife, however, a divorce action has been filed in the Court of Common Pleas of Dauphin County docketed to No. 4732 S 1999. The parties have been living separate and apart since October 25,1999. Defendant, Holli M. Hill is Mr. Blewett's paramour and they reside together at 207 Bailey Street, New Cumberland, P A. Plaintiff resides at 2098 Raleigh Road, Hummelstown, P A. 3. Defendants, Mr. Blewett and Ms. Hill were charged by the Derry Township Police with harassment of Plaintiff. On or about September 1,2000, Defendants entered guilty pleas to the charge of harassment and each paid a $300.00 fine. 4. The charges stem from the Defendants' use of their computer to transmit e-mail to third parties which identified Plaintiff by name and phone number and was intended to have third "'~ " - '" - . ~ ",' ' ,"'.'"- ',' '" '~ . .--'~, parties contact her for sexual purposes. Plaintiff was, in fact, contacted by several individuals following their receipt of the e-mail from Defendants. 5. Pursuant to the charges against the Defendants, the Derry Township Police Department seized as evidence the computer used by the Defendants to transmit the harassing messages. The computer and components are currently under the custody and control of the Derry Township Police Department. 6. Plaintiff believes, and therefore avers, that the computer currently being held by the Derry Township Police Department is evidence crucial to the within civil action which is based upon the Defendants' criminal activities. The Plaintiff is fearful that the computer will be returned to the Defendants and the evidence destroyed. Accordingly, Plaintiff is requesting that this Honorable Court direct that the computer seized from the Defendants which includes, without limitation, all hardware and software related thereto and all fixed or removable devices attached thereto, be preserved by the Derry Township Police Department nntil Plaintiff herein has had an opportnnity to inspect and/or copy said evidence for use in the within action. WHEREFORE, it is respectfully requested that the Court enter an Order directing the Derry Township Police Department to preserve the computer and all computer components confiscated from the Defendants, Christopher J. Blewett and Holli M. Hill, until further order of Court. ). ','.." " ~ ' -- ~', - ~- Respectfully Submitted, ~g~~ James, Smith, Durkin & Connelly LLP Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 P.A.I.D. No. 44837 ,,', .',';,i:C'-~ ------ ,.. ,'j",' ., - "< ". "~ ,- '''''''..-i.''- -","",..'" ;,~'''i-': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Annette G. Folgueras, hereby certify that I have served a copy of Motion For Preservation of Evidence on the following on the date and in the marmer indicated below: u.s. MAIL. FIRST CLASS. PRE-PAID Christopher J. Blewett 207 Bailey Street New Cumberland, PA 17070 Holli M. Hill 207 Bailey Street New Cumberland, PA 17070 JAMES, SMITH, DURKIN & CONNELLY DATE: ~ /J/iltipo BY.~~ . adel, ESqUIre Attorney for Plaintiff Post Office Box 650 Hershey,PA 17033 (717) 533-3280 P A I.D. No. 44837 j,:;;- ,;<"'~'" ~"-:~,*ili/'~ ~". ~ "*'"' '-',".-":,' ~, ,'"'-- _,,' -oC' "~ ,,-,. " '1iIIiiilll~'~--';' ,-, . "_'I ,"- C) r.~-:;: [i-'i;-:7 0~? f~'~ --:_"'"c .-._, >.~~ -=1 "< 'C' "1 (" 'f) -; -'J c: :;,-.-.. 'j LJ ~ ,^- =-"";-1' . ... ," ANNETTE G. FOLGURERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER J. BLEWETT, and HOLLl M. HILL, NO. 00-5895 CIVIL TERM Defendant ANSWER TO PETITION FOR PRESERVATION OF EVIDENCE AND NOW come the above-named Defendants, by their attorney, Samuel L. Andes, , and make the following Answer to the Plaintiff's Motion for Preservation of Evidence: , !, 1. Admitted. 2. It is admitted that Defendant, Blewett and Plaintiff, Folgureas are husband and wife and are parties to a divorce action in Dauphin County and that they have been separated since October of 1999. It is also admitted that the Defendant, Blewett and the Defendant, Hill reside together at 207 Bailey Street in New Cumberland. The other averments in Paragraph 2 of the Motion are denied and Defendants aver that Plaintiff currently resides with her parents in Maryland. 3. Admitted. 4. Although the charges resulted from the Plaintiff's Complaint which is consistent with the averments in Paragraph 4 of Plaintiff's Motion Defendants deny those averments accurately state what occurred. Defendants paid the citation to avoid further litigation on this point and, by doing so, did not admit any of the specific claims made by Plaintiff. To the extent those factual claims are set out in Paragraph 4 of Plaintiff's Motion, Defendant denies them. 5. It is admitted that the Derry Township Police ceased a computer owned by Defendant, Hill. It is denied, however, that those items are in the custody of the Derry 1 II . * <"' Township Police Department, because they were returned to Defendant, Hill by the said police department on 12 September 2000. 6. Defendants cannot make a response to Plaintiff's beliefs and, therefore, deny them and demand proof thereof at trial. The computer has been returned and, as a result, Plaintiff's Petition is moot. Moreover, access to the computer is not necessary for Plaintiff to support her case because, if she had adequate evidence in her possession to commence the harassment action she still has that evidence to support her claim in this matter and, if she did not have adequate evidence to bring the criminal charge, she has acted wrongfully and improperly. WHEREFORE, Defendants move this court to dismiss Plaintiff's Motion for Preservation of Evidence. ~~ Attorney for Defendants Supreme Court to # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I' i! 2 ""I . , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Answer to Petition for Preservation of Evidence upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Date: / (),;J... . ~oX> I' I !' II Susan M. Kadel, Esquire P.O. Box 168 Hershey, Pa 17033 ~-~~~ em", L. Aod., Attorney for Defendants 3 ,'- ~" "~~ ~,~ '-",-~-",-, . ,~~~ ,._, i__ w-'C ""~'," -",0,,',,'; ,-"":,;,,,;'''';'--;.-- '''_',,''e''';' ""__""<;/, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. i{) - 5'<?t9s ~ CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant ;:;07 /3A-il::; S-I-/'cd /Ve-Iv LI/",b.rll9n<A, ;:'4 /7070 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and f~rwarded to ( ) Attorney ( X ) Sheriff. Susan M. Kadel, Esquire James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 ~8 /?:1CJk Date: ~~./ -<'? .::( CJo-d I ,. WRIT OF SUMMONS TO TIJE ABOVE NAMED DEFENDANTS: CHRISTOPHER J. BLEWETT AND HOLLI M. HILL YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: t1r.,;Jff~ by - ~~ Dep ...i'i, ~'.""'I Ii 'Hlit..... ,~...:.~-U~^ - ~"". ~" , ~ n\. ~ \; ~ .~ --J f:...:.o:ait "".". ~ ~ ~ ~ ~ \ ~ ~ , ~ \ ~t\.~ o s= "1J .~, I"CU ZfT~ Z~' Cf) .... -<..:;.- kG >(~ z-.J <3"0 "'C Z -i -< '. ~~ ~ C C.J "" ~.- G~ r<' co C) -il ,'-- ~' ,L -;:-f~ g~ .:;.:\ :D -< :t'!~, -,"'~ '? (J1 ~~. ~ ~ .~ '''''"c....... ~ ,t SHERIFF'S RETURN - REGULAR .. j' CASE NO: 2000-05895 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOLGUERAS ANNETTE G VS BLEWETT CHRISTOPHER J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BLEWETT CHRISTOPHER J the DEFENDANT , at 0018:13 HOURS, on the 12th day of September, 2000 at 207 BAILEY STREET NEW CUMBERLAND, PA 17070 by handing to CHRISTOPHER BLEWETT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge 18.00 13.02 .00 10.00 .00 41.02 So Answers: ~~~-t:~t R. Thomas Kline 09/13/2000 JAMES, SMITH, DURKIN, Sworn and Subscribed to before me this /Sll:::: day of _ ~1L... f, ,,~dLhro A. D. ~, ,0. /h,tJi:. )..;,.or rothonotary' ~ ~ ~ ~~, '" ,",' ~^ ,.., SHERIFF'S RETURN - REGULAR '\C <t' CASE NO: 2000-05895 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOLGUERAS ANNETTE G VS BLEWETT CHRISTOPHER J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HILL HOLLI M the DEFENDANT , at 0018:13 HOURS, on the 12th day of September, 2000 at 207 BAILEY STREET NEW CUMBERLAND, PA 17070 by handing to HOLLI HILL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~ ~~J<<-~~~ R. Thomas Kline Sworn and Subscribed to before 09/13/2000 JAMES~y:M~Z-v ~ Deputy Sneriff me this /6-~ day of ~..<.l, ";lku A.D. ~C27kdf;./ ~ rothonotary ( r '~ " r . ANNETTE G. FOLGUERAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NO. 00-5895 CIVIL TERM CHRISTOPHER J. BLEWETT and HOLLl M. HILL. Defendants JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW comes the above-named Defendants, by their attorney, Samuel L. Andes, and makes the following Preliminary Objections to Plaintiff's Complaint: COUNT I - MOTION FOR MORE SPECIFIC PLEADING 1. Plaintiff's Complaint avers that Plaintiff suffered "emotional distress with physical manifestations" and "mental pain and suffering" without describing the exact injuries and physical problems which she claim she suffered. 2. Plaintiff's pleading does not describe the injuries she claimed to have suffered with sufficient specificity that Defendants can prepare a responsive pleading or prepare to defend Plaintiff's claim against them. WHEREFORE, Defendants move this court to order Plaintiff to file a more specific pleading. COUNT II - MOTION TO STRIKE 3. Plaintiff's Complaint appears to make a claim for punitive damages. 4. Plaintiff's Complaint does not comply with the Rules of Court because there is not a separate count in her Complaint raising her claim for punitive damages. 5. Plaintiff's Complaint makes a complaint for financial damages on a claim for invasion of privacy. Her Complaint. however, states and identifies no injuries she has suffered, and no financial damages she has incurred as a result of the alleged invasion of her privacy. 6. Plaintiff's Complaint makes a claim for defamation. Her Complaint, however, contains no statement of the injuries she claims to have suffered or the financial damages caused to her by such alleged defamation. II I , - , - " r - 7. Plaintiff's Complaint does not comply with the Rules of Court because it does not contain a statement of damages for which she now seeks recovery in her Complaint. WHEREFORE, Defendants move this court to strike Plaintiff's Complaint for failure to comply with the Rules of Court and the law of Pennsylvania. COUNT III - DEMURRER 8. Count III of Plaintiff's Complaint fails to state a cause of action for which this Court can award damages. 9. Defendants demurrer to Plaintiff's Complaint and her claim for defamation. WHEREFORE, Defendants move this court to dismiss Plaintiff's claim against them. COUNT IV - MOTION TO STRIKE 10. Plaintiff has previously filed a divorce action against the Defendant, Christopher J. Blewett and that action is now pending before the Court of Common Pleas of Dauphin County, Pennsylvania. where the action is filed to No. 4732-S-1999. 11. All of the claims which Plaintiff makes against Defendant. Blewett in this action could be. and should be. properly raised in the divorce action between them. 12. Judicial economy. as well as the financial economy to both Plaintiff and Defendant. Blewett. require that all claims between parties arising out of a common course of conduct be raised in one action and heard by and determined by one court in one action. WHEREFORE, Defendant Blewett moves this court to dismiss Plaintiff's claim in this action and require Plaintiff to pursue her claims against him in the pending divorce action which Plaintiff herself previously commenced. 8~~ Samuel L. Andes Attorney for Defendants Supreme Court ID # 17225 525 North 12th Street Lemoyne. PA 17043 (717) 761-5361 II II ,- '-~ , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Defendants' Preliminary Objections upon counsel for the Plaintiff herein by regular mail. postage prepaid. addressed as follows: Date: II Susan M. Kadel, Esquire P.O. Box 650 Hershey, PA 17033 13 June 2001 &fF2J1 Attorney for Defendants ....... ",' '-Li' ", ',',,-_ 1"'; ... .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN ..:I> .::::r AND NOW, this "22 day of '-'IV [:: ,2001 personally appeared before me, a Notary Public in and for the State and Connty aforementioned, John R. Zimmerman, being du1y sworn according to law, deposes and says that a copy of the Subpoena in the above-captioned action was personally served on the Derry Township Police Department, on May 22, 2001, at 2. co o'clock ~.m. at 229 Hockersville Road, Hershey, P A 17033. , ~;?~ R. Zimmermazj/ Sworn to and Subscribed to before me this~~ day 2001. MJtiJu Notary Public NOTARIAL SEAL Jean L, Kosier, Notery Public CiIY of HummilSlown,CounlY of Dauphin My CommisSion expires Feb, 9, 2004 _. -"" ~~ ~"'''H> . " "'v~- .A COMMONWEAJ.TH OF PENNSYLVANIA COUN~OFCUMBERLAND ANNETTE G. FOLGUERAS, Plaintiff CHRISTOPHER J. BLEWETT, arid File No. OO-SR'lS-r.i vi 1 HOLLI M. HILL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Derrv Township Police Department (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The entire police file for Christopher J. Blewett and Rolli M. Hill, including but not limited to, all police reports, statements and charges filed. at JAMES, SMITH, DURKIN & CONNELLY, P.O. Box 650, Hershey, PA 17033 (Address) 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 the address listed above. You have the right to seek in advance 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 twenty (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: Name Susan M. Kadel, Esquire Address: P.O. Box 650 Hershev, PA 17033 Telephone: (717) 533-3280 Supreme Court ID # 44837 Attorney For: ilnn'ptf'<> r. Pn1cr"Qr"9 Prothonotary/Clerk, Civ' Ivision ~Lhp - 2 77;Ol/7/'r(. ) Deputy Date: fYl'R.....1 _:?o :lOOf / ~eal of the Court ......... (Eff,7/97) ,~k ~"'D..lmAillil' -,". "'~" -",~ "'~ ~Tt"-" "li~lll'm~"'j"--"'iJk&~t:'j..:JlilJ!f '" --"'=".Ilf"'~ , itigHr.i.ll:~-fl:.JJJ_.;'''' .... o c -o~E rn i'~ ;-~~i zc- if) , -<.- ~,C:~ 0::..-1 ' 5;2 ~ c~' L- S; "",':" r,) c:' -C) ['j -:...; {v ) C""'-, ~\, ~_.{ --. ~'.,~" ... () -,-' !'! LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~i ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5895 v. CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW RESPONSE OF DEFENDANT HOLLI M. HILL TO PLAINTIFF'S MOTION TO COMPEL Defendant Holli M, Hill, by her attorneys, Snelbaker, Brenneman & Spare, p, C. submits this response to Plaintiffs Motion to Compel as follows: 1. Admitted, 2, Admitted. 3. Admitted in part; denied in part. It is admitted only that on or about May 18,2001 Plaintiff filed a civil Complaint against Defendants Christopher J, Blewett and Holli M. Hill and that a copy of the Complaint is attached to Plaintiffs Motion as Exhibit A. It is denied that the Complaint sets forth claims for intentional infliction of emotional distress, false light/invasion of privacy and defamation for the reasons set forth in Defendants' Preliminary Objections to Plaintiffs Complaint, the averments of which are incorporated by reference herein, With respect to Plaintiffs characterization of how the "Complaint" arose, same is specifically denied and strict proof demanded. 4. Admitted, 5. Admitted, 6. Admitted, 7, Admitted. LAW Of'FICES SNEL8AKER. BRENNEMAN & SF'ARE 8, Admitted in part; denied in part, It is admitted that Keith Brenneman mailed correspondence to counsel for Ms. Folgueras on January 18, 2002. It is believed and therefore averred that the correspondence was not received by Plaintiffs counsel on the same date it was mailed; therefore, Plaintiffs allegation that the correspondence was received on January 18, 2002, is denied. The remaining allegations in Paragraph 8 of Plaintiffs Motion contain intentional misstatements of fact and material omissions of information and are therefore denied. At no time did counsel for Holli M. Hill advise Plaintiffs counsel that Ms, Hall was six to eight weeks pregnant. Such information was communicated by a letter from Defendant Hill's doctor, a copy of which was transmitted by Defendant Hill's counsel. True and correct copies of the January 18, 2002 letter by Keith 0, Brenneman to Attorney Kadel as well as the letter from Dr. Daggs dated January 14,2002 transmitted therewith are attached hereto and incorporated by reference herein as "Exhibit I" and "Exhibit 2", respectively. 9. Admitted, 1 0, Admitted in part; denied in part. It is admitted that Defendant Hill did not attend the scheduled deposition, It is also admitted that neither an objection nor a motion for a protective order had been filed. It is denied, to the extent it is expressed or implied, that sanctions are warranted for the reasons given to Plaintiffs counsel in Exhibit 2 and because no order of this Court has been violated. To the extent either objections or a motion for protective order is deemed necessary, such objections and motion are made hereby for the reasons set forth herein, 11. Denied, It is denied that it is imperative that Defendant Hill be deposed now as opposed to after delivery of her child. To the contrary, it is imperative that Defendant Hill be -2- i LAW OFFICES SNEU3AKER. BRENNEMAN & SPARE free of stress and the harassment of the present motion by Plaintiff, which motion was in complete disregard of a reasonable request to ensure the health and welfare of Defendant Hill and her child, WHEREFORE, Defendant Holli M. Hill requests this Court to deny Plaintiffs Motion to Compel, issue a protective order precluding Plaintiff from deposing Defendant Hill until a reasonable time after delivery of Defendant Hill's child and award Defendant Holli M, Hill counsel fees and costs for Plaintiffs obdurate and vexatious actions in pursuing the Motion sub iudice, SNELBAKER, BRENNEMAN & SPARE, P. C. ~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Holli M, Hill Date: February 4, 2002 -3- -~ "-", SNELBAKER, BRENNEMAN & SPARE ^ PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURC, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. .BRENNEMAN PHILIP H SPARE 717-697-8528 P. O. BOX 318 FAcSrMtLE (7l7) 6-97-76-8l January 18,2002 Susan M. Kadel, Esquire P. O. Box 650 Hershey, PA 17033 Re: Folgueras v. Blewett and Hill No. 2000-5895, C.C.P., Cumberland County Dear Ms. Kadel: I am in the process of entering my appearance for Holli Hill with Attorney Sam Andes withdrawing his appearance on her behalf. In the meantime, I have been advised of a deposition that you scheduled for Tuesday, January 29,2002 at your office. Please be advised that my client is pregnant and is considered a high-risk obstetrical case, She is to be on modified bed rest throughout her pregnancy. Accordingly, she does not want to jeopardize the health of her child by among other things, participating in a deposition during the time of her pregnancy, I am enclosing a letter dated January 14, 2002 from Ms. Hill's treating physician. Please advise whether you will agree to postpone her deposition until after delivery of her child or if! will need to file a motion for a protective order. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Holli M. Hill EXHIBIT 1 .,oJ>'- '~~.""'...~.b ~, - ,'" Ceder/or " cS[j)) omen :s ?}ffea/th A SERVICE OF HOLY SPIRIT HEALTH SYSTEM January 14, 2002 Re: Holli Hill DOB: 3/3/65 To Whom It Moy Concem: Regarding the above-named patient who is currently under our care tor pregnancy, patient is considered a high-risk obstetrical case. The patient's prior obstetric history is significant for history of mOllerian malformation of uterus didelphys, which puts her at risk for pre-term labor, The patient's two prior pregnancies were complicated by pre-term labor and need for tocolytic therapy, both inpatient and outpatient. Given these risk factors and previous pre-term delivery at 33 weeks and 37 weeks gestation, it is recommended that Ms. Hill be on modified bed rest throughout her pregnancy. The restrictions with respect to her physical activity may also be extended to strict bed rest with advancing gestation. Ms, Hillis currently six to eight weeks pregnant with mild hyperemesis gravidarum, i '~ Ms, Hill also has a ~ old under her care and therefore it is recommended that she not pursue any part or fulltime work outside of the home and may require assistance in the care of this child as the pregnancy progresses, given her prior obstetric history, If there are any questions or further information is required. please do not hesitate to contact our offices s needed, . Daggs, /slk Your Partner For Good Health 423 N. 21" STREET CAMP HILL, PA 17011 (717) 763-9880 FAX: (717) 737-2765 EXHIBIT 2 - .' CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Response to be served upon the person and in the marmer indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Susan M, Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033-0650 Samuel 1. Andes, Esquire 525 N. 12th Street p, 0, Box 168 Lemoyne, P A 17043 ~~ Keith 0, Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street p, O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M, Hill Date: February 4, 2002 LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE r:ild .l,;,',;::C,',c ~ -~. II'q -';., .,~ "'>~" L . ,~~M~ '"'"'- "'':''~"[L'~i~ ',,__ ,",. ,.W,,", _,M, jDYm:"IJ~II~' .", '~.;;.~""",-.. -""ff.' ~_ i:t.o'"" .',J'''';' ...' c) ~;~ (I) " -(' c:::: :B::", '--7l...... ~C) ):;;~r-' ,~ 2: :;;! .. '---, f'-~,i -~ ::;:J lIJ ~;: . -"r, --~- ---.--. , -'---' ~'Sr;1 ~ :0 -< CD t1' tI( "'H'" _',' ANNETTE G. FOLGUERAS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5895 CIVIL CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this 5' day of February, 2002, a rule is issued on the defendant, Holli M. Hill, to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ~" BreJ/erno..J V-:J ~~deS ) ~~~l L oF' .fl(~s 09... ~-O:;' ~ iIiiIIiIIitiIii"': ""'" '" '"" ,'",.." . iJ.JmM.'&n'~~'k.,," ,... --.. .w.l~~~ " ,,_ ,_ ",' ",~';"'U"'~"_'1'^, ,- , , , ,,'," '." ~~ ~ \iINVfi1iSNN3d , "",N\ r<1,"[\' ,~n'MrY' lW"l'l \.U"< ,~,-,:',: :t\-~Q~'i, Iv 2\ :"1 !ild c;- 83;\ 2Q f\H{tC;".L':,\',.~!'-,'-",:: --j t!.. :10 .:rJi,.:\.:\Dc{1~i \\:.1 - ~~ " ~ '"; ~,'- ~'" ,- __''i:'''- '~-'<-"-',';">~'---"'~'"" "'-~"'-'~:'''l''';;;';~''V'-^ '" ....-'- --'_._-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant ORDER AND NOW, this _ day of , 2002, upon consideration of Plaintiff's Motion to Compel Compliance with Discovery, it is ORDERED and DECREED that the Motion is granted and Defendant, Holli M. Hill, is directed to submit to an oral deposition within fifteen (15) days of the date of this Order or suffer appropriate sanctions by the Court. BY THE COURT: J. ~ ,-- > '---'-----,~-"~- -, ~" .,;:.",:.;,,,,-,, 'o,.-".k'""5Jc" ,'.,'~ ","~';"~,,,';';d,-,-, ,;'f.' ~,,,,',v__. ,<'"'~<':it,:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant MOTION OF PLAINTIFF. ANNETTE G. FOLGUERAS. TO COMPEL COMPLIANCE WITH DISCOVERYPURSUANT TO Pa.R.C.P. 4019 AND NOW, comes the above-named Plaintiff, Annette G. Folgueras, by and through her attorneys, James, Smith, Durkin & Connelly LLP, and Susan M. Kadel, Esquire, and submits the following Motion: 1. Petitioner in the above-captioned action is the Plaintiff, Annette G. Folgueras. 2. Respondent in the above-captioned action is the Defendant, Holli M. Hill. 3. On or about May 18,2001, the Petitioner, Annette G. Folgueras, filed a Civil Complaint against Defendants, Christopher J. Blewett and Holli M. Hill. The Complaint set forth claims for intentional infliction of emotional distress, false light/invasion of privacy and defamation against both Defendants. The Complaint arose from the Defendant's use of their personal computer on various dates to transmit electronic mail to third parties reportedly from Plaintiff which specifically identified Plaintiff by name and telephone number and which was intended to induce said third parties to contact her for sexual purposes. A true and correct copy of the Complaint is attached hereto, incorporated herein, and marked Exhibit "A". - ~<,,_,,~, ,,_, _""'~,...~ _ "__"~,~,,,.. _~"'~ ,,_'0'c'~, ''''~"-''' ,',' ~'"''''"II 4. The Complaint was properly served on both Defendants by the Sheriff and on Jnne 14,2001, the Defendants, by and through their attorney, Samuel 1. Andes, filed Preliminary Objections to the Complaint. A true and correct copy of the Preliminary Objections are attached hereto, incorporated herein, and marked Exhibit "B". 5. By letter dated November 5,2001, Samuel 1. Andes, counsel for Holli M. Hill, contacted counsel for Petitioner, Annette G. Folgueras, and indicated that he would no longer be representing Holli M. Hill in the above litigation and suggested that counsel for Ms. Folgueras contact Ms. Hill directly so she could provide her with the name of counsel who would be representing her. 6. Accordingly, on November 16, 2001, the undersigned counsel for Annette G. Folgueras corresponded with Ms, Hill. Counsel advised her that she would like to schedule a deposition in this case on a mutually convenient date and asked that Ms. Hill contact her office within the next ten (10) days in order to provide her with an available date. 7, The undersigned, having heard no response from Ms. Hill, forwarded a Notice of Oral Deposition to Ms. Hill on or about December 4,2001. A true and correct copy of the Notice of Oral Deposition is attached hereto, incorporated herein, and marked Exhibit "C". The oral deposition was scheduled for Tuesday, January 29, 2002, at 10:00 a,m. in the law offices of James, Smith, Durkin & Connelly LLP. 8, On January 18,2002, counsel for Ms. Folgueras received correspondence from Keith O. Brenneman, Esquire, who indicated that he would soon be entering his appearance for Holli M. Hill. He advised that Ms. Hill is currently six to eight weeks pregnant and due to an alleged difficult pregnancy, she would like to postpone the deposition until the conclusion of her pregnancy. ~'. '" '. _'~,w"..'>_', _"",.L,~,,_, ,_,' " "_H ,_ "'-', ";"l-,';;;:""",,",,-,.:';L-^,,>;..'"'-.;,;,.'--;{.;j."",,__~";"__,,';;l'-,-,' ;;;';1 9. By letter dated January 25, 2002, counsel for Annette Folgueras advised Attorney Brenneman that they were not willing to postpone the deposition. By letter faxed to counsel on January 28, 2002, Attorney Brenneman indicated that his client would not attend the deposition that had been previously scheduled, A true and correct copy of the correspondence is attached hereto, incorporated herein, and marked Exhibit "D", 10, Accordingly, Holli M. Hill, a named Defendant in this action, has failed to appear for a properly scheduled and noticed deposition, and has neither filed an Objection nor applied for a Protective Order. It is requested that this Court require her compliance with the deposition immediately or suffer appropriate sanctions by the Court. 11. It is imperative that Plaintiff be able to depose Ms. Hill in order to properly proceed with her case. WHEREFORE, Plaintiff, Annette G. Folgueras, respectfully requests that this Honorable Court compel Defendant to submit to a deposition within fifteen (15) days of the date of this Court's Order, or suffer appropriate sanctions upon application to this Court, Date: I /~7 /02. Respectfully submitted, v5?~ Susan M. Kadel, Esquire Counsel for Plaintiff, Annette G. Folgueras Attorney LD. No, 44837 JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~~~;;. --.~,^-- ,--'-,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW ANNETTE G, FOLGUERAS, Plaintiff No. 00-5895- Civil Vlll. (") c' c ~~ ~ JtJRY TRIAL DE~ED;;; -<..L, ~c; );\,~.. ~L'-) Pc: {-'OJ z -' ~~, -< (..J CFffiUSTOPHERlBLEVVETT,and HOLLI M. HILL, Defendants NOTICR You have been sued'in Court. If you wish to defend against the claims setforth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or obj ections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgmemt may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose rnoney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Connty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717)249-3166 NOTICIA Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fec~a de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus obj eciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quej a 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, Cu' ' 1"1 o -n :r_'J -< ",,,,- "< -"',< '" s.; LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. S1 NO TIENE ABOGADO 0 81 NO TIENE EL DINERO SUF1CIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OF1CINA CUY A DIRECC10N SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania ,17013 Phone: (717)249-3166 JAMES, SMITH, DURKIN & CONNELLY DATE: ~ /( ..3;~1 BY:~~k~ S' 1. el, Esquire Attorney for Plaintiff Post Office Box 650 Hershey,PA 17033 (717) 533-3280 PA LO. No. 44837 , < ., ,,';,-, ' ,', ~;'.' ,--,", ,",., .--~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff No. 00-5895- Civil v. CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Annette G. Folgueras is an adult individual residing at 3118 Edgewood Drive, Ellicott City, Maryland 21043. 2. Defendant, Christopher J. Blewett is an adult individual residing at 1731 Anna Street, New Cumberland, Pennsylvania 17070. 3. Defendant, Holli M. Hill is an adult individual residing at 1731 Anna Street, New Cumberland, Pennsylvania 17070. 4. Plaintiff and Defendant, Christopher J. Blewett, are husband and wife, having been married on June 27, 1992. 5. The parties are the parents of two (2) minor children, Christopher A. Blewett, born November 9, 1993 and Annette E. Blewett, born January 3, 1996, who at all times relevant hereto resided with Plaintiff at 2098 Raleigh Road, Hummelstown, Dauphin Connty, Pennsylvania 17036, which was formerly the marital residence. 6. Plaintiff filed a Complaint in Divorce in the Dauphin County Court of Common Pleas on or about Noverober 10, 1999. Plaintiff and Defendant, ChristopherJ. Blewett, have been living separate and apart since October 25, 1999, at which time Defendant left the marital residence to reside with his paramour, Defendant, Holli M. HilL ;.;. ',". 'c ~'- ,~' " ,~,,~ 7. Defendants, Christopher J. Blewett and Holli M. Hill were charged in August of 2000, by the Derry Township Police with harassment as a result of actions they engaged in directed at the Plaintiff. On or about September 1, 2000, Defendants each entered guilty pleas to the charge of harassment and each paid a fme. 8, The charges arise from the Defendants 'use of their personal computer on various dates to transmit electronic mail to third parties purportedly from Plaintiff which specifically identified Plaintiff by name and telephone number and which was intended to induce said third parties to contact her for sexual purposes. The electronic correspondence was conducted via sites that are advertised as "sadomasochistic" in nature. A. On Jnne 15, 2000 the following e-mail was sent by the Defendants from their personal computer. Subject: Date: From: To: hi there.. ..:) Thursday, June 15, 2000 17:12:57 MistrsMiss DKHUMMEL42 Hey, baby. Saw your profile. I might be exactly what you're looking for. I don't want to waste time on this darn computer... so I thought I should just get straight down to business... If you are looking for a mistress to please and serve. . .call me. .. 717-566-3705. We are practically neighbors. You won't be disappointed. Annette 9, This e-mail referred to "Annette" and used the Plaintiff's correct home telephone number. 10. As a result of this publication, Plaintiff was subsequently contacted by telephone by four (4) adult men at her residence inquiring as to whether she was interested in sexual contact as set forth in the e-mail communication purported to be from Plaintiff. "-0''-'- ,_' _"~ " ';' ,,__0 ,,' - '-"~"-'i'i ", 11, As a result of the Defendants' actions, Plaintiff has suffered emotional distress with physical manifestations thereof, humiliation, embarrassment and mental pain and suffering. Moreover, she has sustained substantial harm to her privacy as a result of the Defendants' actions. 12, The injuries and damages sustained by Plaintiff as set forth above, were proximately alld legally caused by the intentional, willful, and outrageous conduct of the Defendants. COUNT I INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ANNETTE G. FOLGUERAS V. CHRISTOPHER J. BLEWETT AND HOLLI M. Hll.L 13. Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full herein. 14. The injuries sustained by Plaintiff are the direct and proximate result of the intentional conduct of Defendants Christopher J. Blewett and Holli M. Hill. 15. Said conduct on the part of Defendants was extreme and outrageous. WHEREFORE, Plaintiff, Annette G. Folgueras, demands judgment against Defendants, Christopher J. Blewett and Holli M. Hill, jointly and severally, for an amonnt in excess of $35,000.00, together with costs, interest, and punitive damages as allowed by law. COUNT II FALSE LIGHT - INVASION OF PRIVACY ANNETTE G. FOLGUERAS V. CHRISTOPHER J. BLEWETT AND HOLLI M. HILL 16, Paragraphs 1 through 15 above are incorporated herein by reference as though set forth in full herein. " " -~" -"',",",",,; - ~>",.,;~~ 17. Defendants knowingly and intentionally published false information regarding Plaintiff which they knew would place Plaintiff in a false light. 18, The information published placed Plaintiff in a false light which Plaintiff believes would be highly offensive to a reasonable person. 19. The information published harmed Plaintiff's interest in her privacy. WHEREFORE, Plaintiff, Annette G. Folgueras demands judgment against Defendants, Christopher J. Blewett and Holli M, Hill, jointly and severally, for an amount in excess of $35,000.00, together with costs, interest and punitive damages as allowed by law, COUNT III DEFAMATION ANNETTE G. FOLGUERAS V. CHRISTOPHER J. BLEWETT AND HOLLI M. HILL 20. Paragraphs 1 through 19 above are incorporated herein by reference as though set forth in full herein. 21. The Defendants knowingly and intentionally published false information to third parties which was defamatory to the Plaintiff. WHEREFORE, Plaintiff, Annette G. Folgueras demands judgment against Defendants, Christopher J. Blewett and Holli M. Hill, jointly and severally, for an amonnt in excess of $35,000.00, together with costs, interest and punitive damages as allowed by law. Respectfully submitted, -4/?;/~ Susan M. Kadel, Esquire Counsel for Plaintiff, Annette G. Folgueras Attorney LD. No. 44837 JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 ' Hershey,PA 17033 (717) 533-3280 ~ ~, - __""""0_-' ,."" ,_,,"':".__,.'__ '~ '< ". VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand iliat false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to auiliorities. Date: silt; /0 I .k{~-, '"Annette G. Fo eras r .-"""",,"."- ~ 'C "", " '~", . ", IN THE COURT OF COMMON PLEAS 39TH JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff No, 00-5895- Civil VI. CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Annette G. Folgueras, hereby certify that I have served a copy of the Civil Complaint on the following on the date and in the rnarmer indicated below: U.S. MATI '. FIRST CLASS. PRR-P A m Samuel 1. Andes, Esquire 525 North Twelfth Street Harrisburg, P A 17043 JAMES, SMITH, DURKIN & CONNELLY DATE: A; /~ doo/ By: -",""""e A~ Susan 'Nf, Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey,PA 17033 (717) 533-3280 PAI.D. No. 44837 , ~ '-"':'- ,', ~' ,-",. '- "~ ,~-d.;'", '. ANNETTE G. FOLGUERAS, ) ) ) ) ) ) ) CHRISTOPHER J. BLEWETT and HOLLl M. HILL, ) Defendants ) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlfu 0 Q C - -,i :s: L- CiVIL ACTIOJi\&ffi,AW;; ~ 2~ ::;c:: NO. 00-589S:C~~IL IERM ;,";Q !<." 2: ;J::, :~ 2?: C) -""~ ~~i~ Cl JURY TRIAL D;?;:r~ NDED 0'" ~ .- -i Z :.n ?D =< ()1 -< vs. DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW comes the above-named Defendants, by their attorney. Samuel L. Andes. and makes the following Preliminary Objections to Plaintiff's Complaint: COUNT I . MOTION FOR MORE SPECIFIC PLEADING 1. Plaintiff's Complaint avers that Plaintiff suffered "emotional distress with physical manifestations" and "mental pain and suffering" without describing the exact injuries and physical problems which she claim she suffered. 2. Plaintiff's pleading does not describe the injuries she claimed to have suffered with sufficient specificity that Defendants can prepare a responsive pleading or prepare to defend Plaintiff's claim against them. WHEREFORE, Defendants move this court to order Plaintiff to file a more specific pleading. COUNT II . MOTION TO STRIKE 3. Plaintiff's Complaint appears to make a claim for punitive damages. 4. Plaintiff's Complaint does not comply with the Rules of Court because there is not a separate count in her Complaint raising her claim for punitive damages. I 5. Plaintiff's Complaint makes a complaint for financial damages on a claim for invasion of privacy. Her Complaint, however. states and identifies no injuries she has suffered. and no financial damages she has incurred as a result of the alleged invasion 1 of her privacy. 6. Plaintiff's Complaint makes a claim for defamation. Her Complaint. however. contains no statement of the injuries she claims to have suffered or the financial , II damages caused to her by such alleged defamation. Ii II II II ,I """""" ~'" , . , i., ,~' ','" ";";", ,,' ,';, ,-' ~ __'," i~; " 7. Plaintiff's Complaint does not comply with the Rules of Court because it does not contain a statement of damages for which she now seeks recovery in her Complaint. WHEREFORE, Defendants move this court to strike Plaintiff's Complaint for failure to comply with the Rules of Court and the law of Pennsylvania. COUNT III - DEMURRER 8. Count III of Plaintiff's Complaint fails to state a cause of action for which this Court can award damages. 9. Defendants demurrer to Plaintiff's Complaint and her claim for defamation. WHEREFORE, Defendants move this court to dismiss Plaintiff's claim against them. COUNT IV . MOTION TO STRIKE 10. Plaintiff has previously filed a divorce action against the Defendant, Christopher J. Blewett and that action is now pending before the Court of Common Pleas of Dauphin County, Pennsylvania, where the action is filed to No. 4732-S-1999. 11. All of the claims which Plaintiff makes against Defendant, Blewett in this action could be, and should be, properly raised in the divorce action between them. 12. Judicial economy, as well as the financial economy to both Plaintiff and Defendant, Blewett, require that all claims between parties arising out of a common course of conduct be raised in one action and heard by and determined by one court in one action. WHEREFORE, Defendant Blewett moves this court to dismiss Plaintiff's claim in this action and require Plaintiff to pursue her claims against him in the pending divorce action which Plaintiff herself previously commenced. I I I " Ii II 'i !, ,. , II II ., ;! II SClmtrel L. Andes Attorney for Defendants Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 "' . ;>J -"-' - ,~.:...j - ~,~",-:""" "",", '" '~I: .11' . CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Defendants' Preliminary Objections upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Susan M. Kadel, Esquire P.O. Box 650 Hershey, P A 17033 Date: 13 June 2001 ~ . I L. Anaes Attorney for Defendants , I II II I! " II (n "'''''~'". 'w'- -:.. c'".,! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CML ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant NOTICE OF ORAL DEPOSITION TO: Holli M. Hill 1731 Anna Street New Cumberland, PA 17070 PLEASE TAKE NOTICE that pursuant to the Rules of Civil Procedure, the undersigned will tala: the deposition of ROLLI M. mLL, upon oral e}[llminl\tion, for use at trial in the above action, before an individual authorized to administer oaths, at the law office of James, Smith, Durkin & Connelly, LLP, 134 Sipe Avenue, Hummelstown, Pennsylvania, on TUESDAY, JANUARY 29, 2002, at 10:00 a.m., on all matters, not privileged, which are relevant and material to the issues and subj ect matter involved in the pending action, The said deponent is required to appear at the aforesaid time at the above address. JAMES, SMITH, DURKIN & CONNELLY, LLP Date: .~~ 7;,' ';;00/ By G~ la.U- . . . Kadel, Esquire Attorney for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 P A LD. No. 44837 ",'- - . - ", ~". "' " ~'- ..j' :', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No, 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CERTIFICATE OF SERVICE I, Susan M, Kadel, Esquire, of James, Smith, Durkin & Connelly, LLP, attorney for the Plaintiff, Annette G. Folgueras, hereby certify that I have served a copy of the foregoing Notice of Oral Deposition on the following on the date and in the marmer indicated below: V.S MAIL. FIRST CLASS. PRE-PAID Samuel 1. Andes, Esquire 525 North Twelfth Street Harrisburg, PA 17043 Holli M, Hill 1731 Anna Street New Cumberland, P A 17070 JAMES, SMITH, DURKIN & CONNELLY LLP DATE: ~~ L-I; ~OO / BY~ SUs , el, Esquire Attorney for Plaintiff P.O, Box 650 Hershey,PA 17033 (717) 533-3280 PAID, No. 44837 ~ , 'I ATTORNEYS AT LAW rIDIC. "', . (ii)irlmnrr.rI.,J" I UI ,I i ! " '~ '11 JAM 2 9 2002 ilp l 'u U) SNELBAKER, BRENNEMAN 8 SPARE A PROFESSIONAl.. CORPORATION 44 WEST MAIN STREET a~-----_~_~_____________ MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHIUP H. SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 January 28, 2002 VIA TELEFAX Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP p, O. Box 650 Hershey, P A 17033 Re: Folgueras v. Hill Dear Ms. Kadel: In response to your letter to me of January 25, 2002, this will serve to advise that my client will not be in attendance at the deposition scheduled for 10:00 a.m. on January 29, 2002. Yours truly, it,7n~ Keith O. Brenneman KOB/sz CC: Holli M. Hill ,~ ~" " -" '~,,' - " =". '~",' ---,",,' "'''''>''''~-k'- A'"'''~O_O_-''' ,".d<i,"""''''''''~" -''- ".';,"'~,x<.;- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff v. No. 00-5895 Civil CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Anne,tte G. Folgueras, hereby certify that I have served a copy of the Motion to Compel Compliance with Discovery on the following on the date and in the marmer indicated below: U.S. MAIL, FIRST CLASS. PRE-PAID Keith 0, Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 Samuel 1. Andes, Esquire 525 North Twelfth Street Harrisburg, P A 17043 JAMES, SMITH, DURKIN & CONNELLY DATE: 1 he)}o <- . I By ~k.d_ Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 P A LD. No. 44837 ~_L ~ ~~, , ,"" = ,~. ,= ,~, " -~, .-.;;.;;....- '^' . u C' c!;, 'j !.,- ):;~ -', ~~~ ~ ~--, o c <- C2' o -n r-~,,; .., ,l c,) '''! ~."J '.J -.., ~~() 'I ., ~~;~~ ~~ ::< --",- t";:';) :..Jl Iv ft" ANNETTE G. FOLGUERAS, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-5895 CIVIL CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Samuel 1. Andes, Esquire as attorney for Defendant Holli M. Hill in the above-captioned action, Date: 3, \k..v-., 2.OU ~ ,_0 Q/)QJb S--a:& 1. Ande~e 525 N, 12th Street Lemoyne, P A 17043 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker, Brenneman & Spare, p, C, as attorneys for the Defendant Holli M. Hill in the above-captioned action. SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Date: January 18, 2002 BY: Keith O. Brenneman, Esquire 44 W, Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill " ~i.r'~~'" L 'lii~ w'> ~'~~~a~.IiilOw. ""~ ,,~ ~'^. ~. ,'~ ..' ",0<'_ .,., "=....~' - Milillii jd'[: ~- ., '~," o C;:;~ <'. v ["6 rll{'~- Z:~i- t3 ~~". ~f--:' ",,-::::,,---, ~2 z =2 ." ,: CJ I'\,J "1 1'1 G:") I CO () , j:--' :'1" :.~j ;,~~ ~~~,2~ (jr'n -.J ):.,; ::n -< ......j """,,, -" .:.n ~ ~ ANNETTE G. FOLGUERAS, Plaintiff vs. CHRISTOPHER J. BLEWETT and HOLLI M. HILL, Defendants ~ ' . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5895 CIVIL CIVIL ACTION - LAW IN RE: MOTION TO COMPEL ORDER AND NOW, this 1&'" day of March, 2002, argument on the plaintiff's motion to compel is set for Thursday, April 4, 2002, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. ~ M Kadel, Esquire For the plaintiff ~th O. Brenneman, Esquire For the defendants :rlm BY THE COURT, '7 . cJkd bor:::of/1Xs ~~-lilllMIlilfj~~- =,-' ~-, ~.'~ ' ., ,- 'i":l\C'!\\t>..P(\ '\"I','\\,\",'\-/\'JI\:\\..-l--' n8 .: ;" ' -,L \-iryr,\ rr--" ("",\ -: ,L_1,-\'>1!1\, I... 111\1 Lj' I ,.' '.-"- !\..lJ'IJ\'-J"" 81, .(' \' ~j 9 '-i.) 'i'.n \ ":'-f\ b ~ /~ 0v ,_c ,_^" " ~ ~ ~ "iWJt " i I or) . . ,.",- -~.,". ~,~'~~'~~,,' C..--.',,,*,,,,' ""~~~."'"'''''~__''!lL'_' ..,,-.C,," ,~",,__ \',',:.:r"]j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff No. 00-5895- Civil VllL CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentaruna apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, -- ...~.._~~ "~='~'~~,' "_~"-'~~'-""--~"'";;:;'~"''''~''''''''''~'"",'''-'.'".''' -<:",-~~" LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA COY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvani~ 17013 Phone: (717) 249-3166 JAMES, SMITH, DURKIN & CONNELLY DATE: ~ /7 ~O<:tl I , B~sf:~~ Attorney for Plaintiff Post Office Box 650 Hershey,P A 17033 (717) 533-3280 P A LD. No. 44837 .~,~"- ~ ,o<.,,~ <_,.~'=O .""" ~~,,- " ',,',- .,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff No. 00-5895- Civil v. CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Annette G. Folgueras is an adult individual residing at 3118 Edgewood Drive, Ellicott City, Maryland 21043. 2. Defendant, Christopher J. Blewett is an adult individual residing at 1731 Anna Street, New Cumberland, Pennsylvania 17070. 3. Defendant, Holli M. Hill is an adult individual residing at 1731 Anna Street, New Cumberland, Pennsylvania 17070. 4, Plaintiff and Defendant, Christopher J. Blewett, are husband and wife, having been married on June 27, 1992. 5, The parties are the parents of two (2) minor children, Christopher A. Blewett, born November 9,1993 and Annette E. Blewett, born January 3,1996, who at all times relevant hereto resided with Plaintiff at 2098 Raleigh Road, Hummelstown, Dauphin Connty, Pennsylvania 17036, which was formerly the marital residence. 6. Plaintiff filed a Complaint in Divorce in the Dauphin Connty Court of Common Pleas on or about November 10, 1999. Plaintiff and Defendant, Christopher J. Blewett, have been living separate and apart since October 25, 1999, at which time Defendant left the marital residence to reside with his paramour, Defendant, Holli M. Hill. ,_~~= u __., _ _ .__ , "'"_,~, "''''''' '''''''''~''".~,~"~ """""": 7. Defendants, Christopher J. Blewett and Holli M. Hill were charged in August of 2000, by the Derry Township Police with harassment as a result of actions they engaged in directed at the Plaintiff. On or about September 1, 2000, Defendants each entered guilty pleas to the charge of harassment and each paid a fine. 8. The charges arise from the Defendants'use of their personal computer on various dates to transmit electronic mail to third parties purportedly from Plaintiff which specifically identified Plaintiff by name and telephone number and which was intended to induce said third parties to contact her for sexual purposes. The electronic correspondence was conducted via sites that are advertised as "sadomasochistic" in nature. A. On June 15,2000 the following e-mail was sent by the Defendants from their personal computer. Subject: Date: From: To: hi there.. ..:) Thursday, June 15, 2000 17:12:57 MistrsMiss DKHUMMEL42 Hey, baby. Saw your profile. I might be exactly what you're looking for. I don't want to waste time on this darn computer... so I thought I should just get straight down to business... If you are looking for a mistress to please and serve.. . call me... 717-566-3705. We are practically neighbors. You won't be disappointed. Annette 9. This e-mail referred to "Annette" and used the Plaintiffs correct home telephone number, 10. As a result of this publication, Plaintiff was subsequently contacted by telephone by four (4) adult men at her residence inquiring as to whether she was interested in sexual contact as set forth in the e-mail communication purported to be from Plaintiff. ~"- '''~AA'~'-'' _~ '__~"'-"'~'<.","~_<""''''_',';'~''__ ,"UI"'~,',_' '. 11. As a result of the Defendants' actions, Plaintiff has suffered emotional distress with physical manifestations thereof, humiliation, embarrassment and mental pain and suffering. Moreover, she has sustained substantial harm to her privacy as a result of the Defendants' actions, 12, The injuries and damages sustained by Plaintiff as set forth above, were proximately and legally caused by the intentional, willful, and outrageous conduct of the Defendants, COUNT I INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ANNETTE G. FOLGUERAS V. CHRISTOPHER J. BLEWETT AND HOLLI M. HILL 13. Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full herein. 14. The injuries sustained by Plaintiff are the direct and proximate result of the intentional conduct of Defendants Christopher J. Blewett and Holli M. Hill. 15. Said conduct on the part of Defendants was extreme and outrageous. WHEREFORE, Plaintiff, Annette G. Folgueras, demands judgment against Defendants, Christopher J, Blewett and Holli M. Hill, jointly and severally, for an amonnt in excess of $35,000.00, together with costs, interest, and punitive damages as allowed by law. COUNT II FALSE LIGHT - INVASION OF PRIVACY ANNETTE G. FOLGUERAS V. CHRISTOPHER J, BLEWETT AND HOLLI M. HILL 16. Paragraphs 1 through 15 above are incorporated herein by reference as though set forth in full herein. ~"'~'rr'~'_' '~",~",=.',' '''''';'''_'' ~,"" '~',., ""_",,,,.,~,," .~ "~'"~",',,JH '. 17. Defendants knowingly and intentionally published false information regarding Plaintiff which they knew would place Plaintiff in a false light. 18. The information published placed Plaintiff in a false light which Plaintiff believes would be highly offensive to a reasonable person. 19. The information published harmed Plaintiff's interest in her privacy. WHEREFORE, Plaintiff, Annette G. Folgueras demands judgment against Defendants, Christopher J. Blewett and Holli M. Hill, jointly and severally, for an amount in excess of $35,000.00, together with costs, interest and punitive damages as allowed by law, COUNT III DEFAMATION ANNETTE G. FOLGUERAS V. CHRISTOPHER J. BLEWETT AND HOLLI M. HILL 20. Paragraphs 1 through 19 above are incorporated herein by reference as though set forth in full herein. 21. The Defendants knowingly and intentionally published false information to third parties which was defamatory to the Plaintiff. WHEREFORE, Plaintiff, Annette G. Folgueras demands judgment against Defendants, Christopher J. Blewett and Holli M. Hill, jointly and severally, for an amonnt in excess of $35,000.00, together with costs, interest and punitive damages as allowed by law. Respectfully submitted, AA.~ Susan M. Kadel, Esquire Counsel for Plaintiff, Annette G. Folgueras Attorney I.D. No. 44837 . JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~,~& --~ ",.~. " - ~ ,,,-, ~ ,c"" ._ ", h " , , ,;-, C', '.-'",<, "'; >. VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904, relating to unsworn falsification to authorities. Date: 5'/1 f; /0 I ~~eras r "~,'~~- -'''',--",---,:",'"''=~,,,~,>~,',~ ,~,.,,,,,,,,,,,,,'j '. IN THE COURT OF COMMON PLEAS 39TH JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ANNETTE G. FOLGUERAS, Plaintiff No. 00-5895- Civil VI. CHRISTOPHERJ.BLEWETT,and HOLLI M. HILL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Annette G. Folgueras, hereby certify that I have served a copy of the Civil Complaint on the following on the date and in the marmer indicated below: U.S. MAIL. FIRST CLA..~S. PRE-PAID Samuel 1. Andes, Esquire 525 North Twelfth Street Harrisburg, P A 17043 JAMES, SMITH, DURKIN & CONNELLY DATE: 4.; /~ ROo/ By: -</.-e A ~ Susan rd. Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey,PA 17033 (717) 533-3280 P A LD. No. 44837 ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-5895 CIVIL CIVIL ACTION - LAW CHRISTOPHER J. BLEWETT and HOLLI M. HILL, Defendants IN RE: MOTION TO COMPEL DEPOSITION ORDER AND NOW, this 0/' day of April, 2002, the motion of the plaintiff to compel deposition is GRANTED. The deposition shall be conducted, at the option of the defendant, at her home, the office of her counsel, or any other mutually agreeable location. The deposition shall not exceed one (1) hour. BY THE COURT, /Keith O. Brenneman, Esquire For the defendants > 'Ai . Hess, J. --Susan M Kadel, Esquire For the plaintiff :rlm iiiilW'f}""'"""~1lli~.'.""~' lad """"U"';' u . ..,__... '='~""'~)':~.::i<!liUill'ii1. ~~, ,,> - ,,~ ,', ,=, ,",~, ." '- 'v'!NV^lASNN3d JJ.Nn08 ()NV1Hj8~~n8 8 I :5 WV S - UdV ZO IIl\.ilr\l'C- ,."". '.,. 'Q f\tiv, Vl.'\tJ!'ij.'v,(jG :;:11 :l' 3:)H30-{l3'lj:~ r "Ij' , 1: j, [ ~, ,. . - ~~ ~. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .~JII~ ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW ORDER AND NOW, this ~.,. day of ;:71" ~') , 2003, it is hereby ORDERED that a RULE is issued upon Defendant Holli M, Hill (now Holli M. Blewett), Defendant Christopher J. Blewett and Plaintiff Annette G. Folgueras, to show cause why the attached Petition For Leave to Withdraw Appearance should not be granted. RULE RETURNABLE within .2 tJ days of service hereof upon Defendant Holli M. Hill, counsel for Plaintiff Annette G. Folgueras and Christopher J. Blewett. BY THE COURT: J. .. :';''''~d~' iJfui[jjf~;' ' , " ",- '"~,~<.;~'"'~"~~<, l:i ~,""---',.,~ .'" to.- ; -'~.~Oi. .illf= -- -..1::. \ "'" ~ C (,l fl. tt ~ .~ ( J ~ " -~,----, =---" . ~ ,~, ~",',,,, --"-".;~~"'~i! c. " "~, """""''''1, ~iiInr' ~ ,~ VINVJ\lASNN3d )J}JnO;:r ni')/lH~78vvnJ ! I :8 Ud 1- ddHO A8V1C';\;O :'.;_; i;,~:"i 3:JI ~iC-.f}:;ru:~! ',to " ;,; ~ , ','C' .. ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW PETITION OF COUNSEL FOR DEFENDANT HOLLI M. HILL FOR LEAVE TO WITHDRAW APPEARANCE Keith O. Brenneman, Esquire and Snelbaker, Brenneman & Spare, P. C., Petitioners herein, request leave to withdraw appearance as counsel for Defendant Holli M. Hill, now Holli Blewett, and in support thereof state the following: 1. Counsel for Defendant Holli M, Hill, now known as Holli Blewett, entered their appearance in the above-captioned action by filing a response on behalf of Defendant Holli M. Hill to Plaintiffs Motion to Compel. 2. Petitioners have continued to represent Plaintiff in this litigation since February 2002. 3. Since Petitioners' involvement in this litigation on behalf of Defendant Holli Blewett, Defendant Holli Blewett has moved to Lubbock Texas. 4. Despite an nnderstanding with Defendant Holli Blewett that Petitioner's services on an hourly basis would be paid based upon the submission of bills to her, Petitioners have not received payment or payment in full on a substantial balance owed to Petitioners for legal services provided, 5. The continued representation of Ms. Blewett without payment of Petitioner's fees and LAW OFFICES SNELBAKER BRENNEMAN & SPARE costs has resulted and will further result in an unreasonable financial burden upon Petitioners and , good cause exists nnder Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioners' withdrawal as counsel for Defendant Holli Blewett. I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , , , 6. Petitioners gave Plaintiff a reasonable amonnt oftime to assure payment in full of amounts due Petitioners for services provided; yet, no assurance was provided to Petitioners, 7. There will be no prejudice to Defendant Holli Blewett and the other parties to this action ifleave is granted to Petitioners to withdraw as Ms. Blewett's attorneys at this stage in the litigation. 8, Counsel for Plaintiff Annette Folgueras and Defendant Christopher J. Blewett have not indicated their consent to this Petition; therefore, for purposes of this Petition, it is assumed that they are opposed to Petitioner's request for leave to withdraw appearance in this case. WHEREFORE, Petitioners request this Court to grant Petitioners' leave to withdrawal their appearance for Defendant Holli Blewett, formerly Holli M. Hill, in this action. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: rlrvl ~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli Blewett Date: April 2, 2003 -2- I LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ..'., ,;' '- I......,; VERIFICATION 1 verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities. ~ Keith O. Brenneman Date: April 2, 2003 i :,'. -' CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy ofthe foregoing Petition to be served upon the person and in the marmer indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Holli Blewett 4012 95th Street Lubbock, TJC 79423 Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, P A 17033-0650 Samuel 1. Andes, Esquire 525 N. 12th Street p, O. Box 168 Lemoyne, PA 17043 (j~ Dme: April 2, 2003 Keith 0, Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M, Hill LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I -;0,"""". ",-'~ .u,[,,-c.'~~~r' ',", .~'" "", " ,,",' '~~~JM(lriJjit! ""-'Inr UllJlil~ ,.", ~,,"" ~ d", ".~ "- " - ~^.- " ".,,'".." , 0 C:? 0 C (...~ "11 S ~ ~:;J -0 0:: -" (T'IfT, :'0 , .- Z ,. ~,\T1 zC- 1 , CJ (lJL, G~ - , -<...,: C) ~C) :~:;t.~ " -n j;- ,,- ~" (') Zl-:: ~ >U CO <':jri'1 C ==1 ~ "", :::> "J] -< (10 =-<. ~ ~~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE - , MAK9 2003 ANNETTE G, FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW ORDER AND NOW, this .,. 'UJ day of T'Y)~ ,2003, upon consideration of the Petition of Counsel For Defendant Holli M. Hill For Leave to Withdraw Appearance and this Court's Order of April 4, 2003 whereby a Rule was issued upon Defendant Holli M, Hill (now Holli M. Blewett), Defendant Christopher J. Blewett and Plaintiff Annette G. Folgueras to show cause why the relief requested in the Petition should not be granted, there being no response by the parties or their counsel of record to the Petition and the Rule served upon them, the Rule issued under Order of this Court dated April 4, 2003 is hereby made ABSOLUTE and Keith O. Brenneman, Esquire and Snelbaker, Brenneman & Spare, P. C. are hereby granted leave to withdraw their appearance on behalf of Defendant Holli M, Hill (now Holli M, Blewett) by filing a Praecipe to withdraw their appearance with the Prothonotary. BY THE COURT: 44 J. ~~i '" ' :~ " \ \ ?.rt ,~ ~j<~~,~>""""~~~\f~_'" -"-"~:IIIiI~' '~"'~"- -'"" ViN''i;Y1AS~J\'<jd I ",~~-, ,''',,, ,'" """IIt"1') fu,j"L !<"I ,; I I", '----r;, ~i 1'0, o '1'1 :2~ :' \ 0 ;~: },"d:>.l ~~;:} )\tJ\/~~. " ._,..'" '0. ,,, ~' ,'. ." c ~'- ~h ,I Ii '. I] I,! i! I,~ f:! t ij " " j" l~ !~ II I !i II t LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE ANNETTE G. FOLGUERAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of ,2003, upon consideration of the Petition of Counsel For Defendant Holli M. Hill For Leave to Withdraw Appearance and this Court's Order of April 4, 2003 whereby a Rule was issued upon Defendant Holli M, Hill (now Holli M, Blewett), Defendant Christopher J. Blewett and Plaintiff Annette G, Folgueras to show cause why the relief requested in the Petition should not be granted, there being no response by the parties or their counsel of record to the Petition and the Rule served upon them, the Rule issued under Order of this Court dated April 4, 2003 is hereby made ABSOLUTE and Keith O. Brenneman, Esquire and Snelbaker, Brenneman & Spare, P. C, are hereby granted leave to withdraw their appearance on behalf of Defendant Holli M. Hill (now Holli M, Blewett) by filing a Praecipe to withdraw their appearance with the Prothonotary. BY THE COURT: J. I ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW PETITION TO MAKE RULE ABSOLUTE PERMITTING LEAVE TO WITHDRAW APPEARANCE FOR DEFENDANT HOLLI M. HILL Keith 0, Brenneman, Esquire and Snelbaker, Brenneman & Spare, P. C., Petitioners herein, submit this Petition to make this Court's Rule issued April 4, 2003 in the above-captioned matter absolute and in support thereof state the following: 1, Petitioners filed on April 3, 2003 a Petition of Counsel For Defendant Holli M. Hill For Leave to Withdraw Appearance. A true and correct copy of the aforementioned Petition is attached hereto and incorporated by reference herein as "Exhibit A". 2. This Court by Order dated April 4, 2003 issued a Ru1e upon Defendant Holli M. Hill, Defendant Christopher J. Blewett and Plaintiff Annette G, Folgueras to show cause why the above-referenced Petition For Leave to Withdraw Appearance should not be granted, A true and correct copy of the aforementioned Order of April 4, 2003 issuing the Rule is attached hereto is attached hereto and incorporated by reference herein as "Exhibit B", 3. On April 10, 2003, Petitioners served upon Defendant Holli M. Hill (now Holli M, Blewett), attorney for Plaintiff Annette G, Folgueras and attorney for Defendant Christopher J, Blewett a certified copy of this Court's Order dated April 4, 2003, A true and correct copy ofthe LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE letter dated April 1 0, 2003 transmitting the aforementioned Order is attached hereto and incorporated by reference herein as "Exhibit COl. I LAW OFFICES SNElBAKER. BRENNEMAN & SPARE I 4. More than twenty days has elapsed since service of this Court's April 4, 2003 Order and the above-referenced Petition upon Plaintiffs counsel, counsel for Defendant Christopher J. Blewett and Defendant Holli M. Hill, No party or attorney for any party in this action has submitted a response to the Petition or this Court's Order of April 4, 2003. WHEREFORE, Petitioners request this Court to issue an Order making its Rule issued April 4, 2003 absolute and permitting Petitioners to withdraw as counsel for Defendant Holli M. Hill in this action. SNELBAKER, BRENNEMAN & SPARE, P. C. I~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Defendant Holli M. Hill Date: May 9, 2003 -2- I LAW OFFICES SNELBAKER BRENNEMAN & SPARE - VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, /~ Keith O. Brenneman Date: May 9, 2003 " .~ " ~,--,-".,,". , , . I -~~ ~J ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant CIVIL ACTION - LAW () f:'-' PETITION OF COUNSEL FOR DEFENDANT HOLLI M. mlL i-, ~ FOR LEAVE TO WITHDRAW APPEARANCE [3' - Keith O. Brenneman, Esquire and Snelbaker, Brenneman & Spare, t1 ,c., Pftltioners herein, request leave to withdraw appearance as counsel for Defendant Hol1~t0: Hi~l; nO\\iHolli Blewett, and in support thereof state the following: I. Counsel for Defendant Holli M. Hill, now known as Holli Blewett, entered their appearance in the above-captioned action by filing a response on behalf of Defendant Holli M. Hill to Plaintiff's Motion to Compel. 2. Petitioners have continued to represent Plaintiff in this litigation since February 2002. 3. Since Petitioners' involvement in this litigation on behalf of Defendant Holli Blewett, Defendant Holli Blewett has moved to Lubbock Texas. 4. Despite an understanding with Defendant Holli Blewett that Petitioner's services on an hourly basis would be paid based upon the submission of bills to her, Petitioners have not received payment or payment in full on a substantial balance owed to Petitioners for legal services provided. 5. The continued representation of Ms. Blewett without payment of Petitioner's fees and LAW OFFICES SNE!,.8AKER. BRENNEMAN a: $PARE costs has resulted and will further result in an unreasonable financial burden upon Petitioners and good cause exists nnder Rule 1.16(b )(5) of the Pennsylvania Rules of Professional Conduct for Petitioners' withdrawal as counsel for Defendant Holli Blewett. EXHIBIT A ,~ LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE - '....O!mlilii 6. Petitioners gave Plaintiff a reasonable amount of time to assure payment in full of amounts due Petitioners for services provided; yet, no assurance was provided to Petitioners, 7. There will be no prejudice to Defendant Holli Blewett and the other parties to this action ifleave is granted to Petitioners to withdraw as Ms. Blewett's attorneys at this stage in the litigation. 8. Counsel for Plaintiff Annette Folgueras and Defendant Christopher J. Blewett have not indicated their consent to this Petition; therefore, for purposes of this Petition, it is assumed that they are opposed to Petitioner's request for leave to withdraw appearance in this case, WHEREFORE, Petitioners request this Court to grant Petitioners' leave to withdrawal their appearance for Defendant Holli Blewett, formerly Holli M. Hill, in this action. SNELBAKER, BRENNEMAN & SPARE, P. C. r;~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli Blewett Date: April 2, 2003 -2- LAW OFFICES S N EL8AKER. BRENNEMAN & SPARE - , . , """':oj VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities. ~ Keith O. Brenneman Date: April 2, 2003 ~" ~- LAW OFFICES SN-e:.LEAKER. 8R~NNEMAN & SPARE - ~*' CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Holli Blewett 4012 95th Street Lubbock, TX 79423 Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, P A 17033-0650 Samuel L. Andes, Esquire 525 N. 12th Street P. O. Box 168 Lemoyne, P A 17043 v1~ Date: April 2, 2003 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill ~~ lA W OFFICES 5NEL8AKER. eRENNEMAN & SPARE ANNETTE G. FOLGUERAS, Plaintiff v, CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendant AND NOW, this "-- 'I ~ , L,':J: " L, 'rt'!\) " APR 0 4 ZOO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5895 CIVIL ACTION - LAW ORDER day of P ,2003, it is herebv ORDERED that a RULE is issued upon Defendant Holli M. Hill (now Holli M. Blewett). Defendant Christopher J. Blewett and Plaintiff Annette G. Folgueras, to show cause why the attached Petition For Leave to Withdraw Appearance should not be granted. RULE RETURNABLE within :h days of service hereof upon Defendant Holli M. Hill, counsel for Plaintiff Annette G. Folgueras and Christopher J. Blewett. BY THE COURT: /5/ IJ,,,,.,.; f1 /~ J. TRUE COPY FROM RECORD III T!'Illtlmooy 1UnSfooi. I hare unto !let my haltO ar~ tha ~l of said Court at Carlisle. Pa.. fltia 1;:), daV ~ of~ ,,2C2!3 . /</" Ij 1J#J.J,A~'!'1 Prottaonl'lflri EXHIBIT B <'-! SNELBAKER, BRENNEMAN S SPARE A PROFESSIONAL CORPORATION ATIORNEYS AT LAW 44 WEST Mf\IN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 April 10, 2003 Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033-0650 Samuel 1. Andes, Esquire 525 N. Ith Street P. O. Box 168 Lemoyne, P A 17043 Holli Blewett 4012 95th Street Lubbock, T)( 79423 Re: Folgueras v. Blewett No. 2000-5895 C.C.P., Cumberland County Dear Ladies and Mr. Andes: I am enclosing for each of you a certified copy of a certified Order issued by Judge Hess issuing a Rule upon you to show cause why the relief requested in the Petition For Leave to Withdraw Appearance that was earlier served upon you should not be granted: Yours truly, Keith O. Brenneman KOB/s:;: Enclosure EXHIBIT C CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Holli Blewett 4012 95th Street Lubbock, T)( 79423 Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, P A 17033-0650 Samuel 1. Andes, Esquire 525 N. 12th Street P. O. Box 168 Lemoyne, PA 17043 Keith 0, Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill Date: May 9, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .-.......__~:r';-f'T" ll'MJlJ1li.' I -t~:.J.iilo" ~-~'''''IiJ!~~...,,~~lM 11l~=~P 'Ill ~ l' . -~ ~~~ ~ ~H""""" "'- ~, o ~ ~':=<. -cJ,:)' rnr\_ ~"\", 0j- 2::"- ~:~-\ ';P ::-. 3- -<'- ~ -;;) ~.-,'''' '-~~' '~, , -,.~ ~:> I" " .... ." I I I I I i I " I I I I I ,J., -,"\ ;;;:-:::-; -. en '-'-, ^',,," 'o:rJ ::.<:. " LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ANNETTE G. FOLGUERAS, Plaintiff v, CHRISTOPHER 1. BLEWETT, and HOLLI M. HILL, Defendant TO THE PROTHONOTARY: '." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5895 CIVIL ACTION -- LAW PRAECIPE Please withdraw the appearance of Keith O. Brenneman, Esquire and Snelbaker, Brenneman & Spare, P. C. as attorneys for Defendant Holli M. Hill in the above-captioned action in accordance with the Order ofthe Honorable Kevin A. Hess dated May 20, 2003. Date: May 27,2003 SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill (now Holli M. Blewett) < LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 6 . ,.-_. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Holli Blewett 4012 95th Street Lubbock, T)( 79423 Susan M. Kadel, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033-0650 Samuel 1. Andes, Esquire 525 N. 12th Street P. O. Box 168 Lemoyne, P A 17043 ,~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Holli M. Hill (now Holli M. Blewett) Date: May 27, 2003 i _ -",'."~-.:.,," ,-,' , ;-''''''"'''''''~'4lilllilrIllIl~)j!'r~' ""-~!!IML~b9)Jt.!lillijjj~~~ '~""""""~...~~~ H ~__" ,~~_..', "~'~'_'''' _,(C_ ,"_ >~ -<" - ,- J r~m.. -- IiM ^'^ , (') 0 ~ C (..) '€f. 3: ..-1 -oOe "" ;r~ :JJ ~rr -< ''',...- ;J:' N -"r-r1 zr- :VG (J) ~'.~ . - 0).) .;:..::"",:- ..j'---- ~C -0 ~.r-n :"S:I1 ~C :x ~~O )>0 ~ om c:: --1 Z r::- ~ =2 Cl ~ - ~ " '" "~,~.--' --. -,,,-.. "." ,- M"'^ '....~_,._^ _~ '-"'-'~" "U-, -, ".~- ,'- ''''~'' ,,;;",':0._-;_'" ,- .-_~;, """"..;';"~_~2.,-~"",,, <_"",.,,f~;~,:;' _-~_",._,,:,~:< r ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M, HILL, Defendants CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above case settled and discontinued on behalf of the Plaintiff, Annette G. Folgueras. Respectfully submitted, ~~ Attorney for the Plaintiff, Annette G. Folgueras James, Smith, Dietterick & Connelly LLP Post Office Box 650 Hershey, P A 17033 (717) 533-3280 Attorney LD. No.44837 ~ ~ - -"- "~,-c.., ,,',' -,.',<,^'" ,V', "c.;;;,,; ^~-",'~,;"",_' ,.,;"..,';,_'C' '-'C'."-,,,_;-"- ",';~.v...-_;" -,,;"ili1 ANNETTE G. FOLGUERAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5895 CHRISTOPHER J. BLEWETT, and HOLLI M. HILL, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, attorney for the Plaintiff, Annette G. Folgueras, hereby certify that I have served a copy of the Praecipe to Settle and Discontinue on the following on the date and in the manner indicated below: u.S. MAIL. FIRST CLASS. PRE-PAID Samuel 1. Andes, Esquire 525 North Twelfth Street Harrisburg, P A 17043 Holli M, Hill 1731 Anna Street New Cumberland, P A 17070 JAMES, SMITH, DIETTERICK & CONNELLY DATE: {)cI~ IS-: ~oo'3 / By:~?~b4 Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey,PA 17033 (717) 533-3280 P A LD. No. 44837 i=ol.... -. ~ ,~, ~._---~ ~..~-~.. -~ ',,- . ",-"-,, '."."0'''"-.... ;:.' "" --< ; ~ o fE. G:~:; .(::;;:! ..<_1 ~~ " l~'::\ )~(-- ~~~:~ Z -< ~ ~~ 'J (-:1 ,_..~ ;";l~;':: T" --I") C", ,,) (j -" -,,---, \---' '-: ~~~~ ~~l .-1 ~...J -< ~'