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HomeMy WebLinkAbout01-2102 FX ... , , " JACKIE TUCKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff No. 0 {_ .210.2... Cw.:i/~ v. CIVIL ACTION - LAW SHARIFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jackie Tucker, by and through her attorneys Schmidt, Ronca & Kramer, P.C., and respectfully sets forth as follows: 1. The Plaintiff, Jackie Tucker, is an adult individual who currently resides at 645 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Shariff Humphry is an adult individual currently residing at 607 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant J. Donald Esh is an adult individual currently residing at 105 Dianne Circle, Willow Street, Lancaster County, Pennsylvania. 4. The facts and occurrences hereinafter stated took place on or about August 11, 2000 at approximately 2:30 p.m. in the 600 Block of Cumberland Point Circle in Mechanicsburg, Cumberland County, Pennsylvania. -,'\i)ff I? ,v J , -,,-'" I' ~ .' , , ~~ !met . " '. 5. At the aforementioned time and place, Plaintiff, Jackie Tucker, was a front-seat passenger in her 1988 Chevrolet Corsica then being operated by Defendant Shariff Humphry. 6. At the aforementioned time and place, Defendant J. Donald Esh was operating his automobile eastbound on the 600 block of Cumberland Point Circle. 7. At the aforementioned time and place, Defendant Shariff Humphry was operating Jackie Tucker's automobile and was backing out of a parking space at 607 Cumberland Point Circle in Mechanicsburg. 8. At the aforementioned time and place, Defendant J. Donald Esh was operating his vehicle at a high rate of speed through the parking lot and collided with the rear of the Tucker vehicle. 9. The collision between the two vehicles caused the injuries to the Plaintiff as set forth below. 10. The injuries set forth below were caused solely by the Defendants, and were in no way caused by or contributed to by the Plaintiff, Jackie Tucker. 11. As a direct and proximate result of the Defendants' negligence, Plaintiff, Jackie Tucker, suffered a total loss of her automobile and has suffered the inconvenience of the loss of use of an automobile from the day of the accident until the present and expects to continue to suffer the loss of use of an automobile until the tota110ss value of the vehicle is paid by the Defendants. 2 ,-"'~~~.~. ~ , . '1':;1' ',' , f , " COUNT I JACKIE TUCKER v. SHARIFF HUMPHRY NEGLIGENCE 12. Paragraphs 1 through 11 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 13. The negligence and carelessness of Defendant Shariff Humphry consisted of: A. Inattentiveness; B. Failing to have his vehicle under proper and adequate control; C. Failing to apply his brakes in time to avoid the collision with the Esh vehicle; D. Negligently applying the brakes; E. Failing to observe the Esh vehicle lawfully on the highway; and F, Operating his vehicle such as to create a dangerous situation for other vehicles lawfully on the roadway. 14. As a direct and proximate result of the accident Plaintiff, Jackie Tucker, suffered injuries that include the following: A. Neck pain; B. Pain in her left lumbo-sacral area; C. Pain in her left forearm; D. Low back pain; and E. Tenderness at the juncture of the ribs and lumbar vertebrae. 15. As a direct and proximate result of the accident, Plaintiff Jackie Tucker has incurred medical expenses to-date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 16. As a direct and proximate result of the injuries sustained in the accident, Plaintiff, Jackie Tucker, has missed work and has sustained wage losses 3 '~&>:_"ilIll~tn",,,,,~ .'-"-' I', " '^: ^, r-~' '. and may continue to incur additional wage loss into the future, and thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 19. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, suffered a diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Jackie Tucker, demands judgment from Defendant Shariff Humphry in an amount less than Thirty-Five Thousand ($35,000.00) Dollars and less than an amount requiring compulsory arbitration. COUNT II JACKIE TUCKER and TERRENCE TUCKER v. J. DONALD ESH NEGLIGENCE 20. Paragraphs 1 through 19 of the Plaintiffs Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 21. The negligence and carelessness of Defendant J. Donald Esh 4 ""7t0'*l<>>! -~ - 1- ~ I , consisted of:: A. Inattentiveness; B. Driving too fast for conditions; c. Operating his vehicle at an excessive rate of speed under the circumstances; D. Failing to have his vehicle under proper and adequate control; E. Failing to apply his brakes in time to avoid the collision with the Tucker vehicle; F. Negligently applying the brakes; G, Failing to observe the Tucker vehicle lawfully on the highway; H. Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; and I. Operating his vehicle such as to create a dangerous situation for other vehicles lawfully on the roadway. 22. As a direct and proximate result of the accident, Plaintiff, Jackie Tucker, suffered injuries, including the following: A. Neck pain; B. Pain in her left lumbo-sacral area; C. Pain in her left forearm; D. Low back pain; and E. Tenderness at the juncture of the ribs and lumbar vertebrae. 23, As a direct and proximate result of the accident, Plaintiff, Jackie Tucker, has incurred medical expenses to-date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 24. As a direct and proximate result of the injuries sustained in the accident, Plaintiff, Jackie Tucker, has sustained a wage loss and may continue to incur additional wage loss into the future, and thus, a claim for these losses is made. 25. As a direct and proximate result of the Defendants' negligence, Plaintiff, Jackie Tucker, suffered a total loss of her automobile. 5 :":'f'_~\llj\lll! ~'" ,~,~' ,~- ,",-~, '~. _"'-, "- r-' " ,---' 26. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has undergone in the past and, will continue to undergo in the future, great pain and suffering, and thus, a .claim for these losses is made. 27. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 28. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, suffered a diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Jackie Tucker, demands judgment from Defendant J. Donald Esh in an amount less than Thirty-Five Thousand ($35,000.00) Dollars and less than an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. TRUE COpy FROM RECORD In Testimony whereof, \ here unto set my hanl:1 'l1d the sealllf said Court at Carlisle. Pa, rhis Jb~~:. Oh~~'~P'~TAW: Prothonotary Dated: if/l%/ BY' / cdd Z2d Todd D. Getgen I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff 6 nlf=~_ , , , -r1, 1'-- ~ ,,-, VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, JACKIE TUCKER, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint, to the extent that it is based upon information which I have given to counsel, is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint is that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsifications to authorities. Date: 111/ twJ, Ztt, or ~ ,!,,~,,~ " ,-'. I: ' i" ",< :["" i i , I '~!"..", C.,, '. C' L_' ..'"' -~~~ t~{~) ,,0::--' :.nru S€J ~ j'l ~[fI ="" ~" ,- ...J _L J,_"Jii ~..,,_,".:Ii,U n -,~ ' .-" ~',-- ,"- , ~ ~" r. , "'"'l'S 'It I t~J}~\," , -, \ < iiJ,3d '''\ " ^ \' \ LO \ \U, ,',., ,"",n~,noO "", k",O'~~ nG'~ ~ _\,_ ,iQ ;t,ll Ull\lS:;\,'" Hl\l:l ~'. ,~ ~~;~jj!g;""f'l'i"}'[E'i'~fQ'''-' ~ .~~.- , , 2\ lld~ I ~~. c:;:;:; !~ ' -l\1I!I"",.all!WU_!!L.___ ,_,,' ~'j:"X-';);;<'''"':-_'''''';'1;r'1t,~~.'!'''Bii!j!:<~;;tW!~!'!'Iif''''i',!]i''!''Wr;cff<;~ t-S ~ JACKIE TUCKER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff No. 01-2102 Civil Term v. CIVIL ACTION - LAW SHARllFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 LOCAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 (:;:;~, ,~ . ,""n' -t ,''>- ~. " ,- 11~" I--'?',<' ' JACKIE TUCKER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff No. 01-2102 Civil Term v. CIVIL ACTION - LAW SHARIFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION : DEMANDED AVISO USTED HA smo DEMANDADO / A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 \~,'~ -,. ~ '~,; 'I I",,, 1; _~_.[, " ," JACKIE TUCKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff No. 01, ~.../().:J.- ~ T.-- v. . . CIVIL ACTION - LAW SHARIFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jackie Tucker, by and through her attorneys Schmidt, Ronca & Kramer, P.C., and respectfully sets forth as follows: 1. The Plaintiff, Jackie Tucker, is an adult individual who currently resides at 645 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendant Shariff Humphry is an adult individual currently residing at 607 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania, 3, Defendant J, Donald Esh is an adult individual currently residing at 105 Dianne Circle, Willow Street, Lancaster County, Pennsylvania. 4. The facts and occurrences hereinafter stated took place on or about August 11, 2000 at approximately 2:30 p.m. in the 600 Block of Cumberland Point Circle in Mechanicsburg, Cumberland County, Pennsylvania. 'j)'~, 1/1 , ;__~ ,__,,' , ,1' ,,~ I. ,--- <-. 5, At the aforementioned time and place, Plaintiff, Jackie Tucker, was a front-seat passenger in her 1988 Chevrolet Corsica then being operated by Defendant Shariff Humphry, 6. At the aforementioned time and place, Defendant J. Donald Esh was operating his automobile eastbound on the 600 block of Cumberland Point Circle, 7. At the aforementioned time and place, Defendant Shariff Humphry was operating Jackie Tucker's automobile and was backing out of a parking space at 607 Cumberland Point Circle in Mechanicsburg. 8. At the aforementioned time and place, Defendant J. Donald Esh was operating his vehicle at a high rate of speed through the parking lot and collided with the rear of the Tucker vehicle. 9. The collision between the two vehicles caused the injuries to the Plaintiff as set forth below. 10. The injuries set forth below were caused solely by the Defendants, and were in no way caused by or contributed to by the Plaintiff, Jackie Tucker. 11. As a direct and proximate result of the Defendants' negligence, Plaintiff, Jackie Tucker, suffered a total loss of her automobile and has suffered the inconvenience of the loss of use of an automobile from the day of the accident until the present and expects to continue to suffer the loss of use of an automobile until the total loss value of the vehicle is paid by the Defendants. 2 "iii,~ ,~~"~Y'_--"'" ,,~n, ,p-,',- "<, . ,~'I 1--":'1 ".Y ','" , , , , " , ,'-' . .- COUNT I JACKIE TUCKER v. SHARIFF HUMPHRY NEGLIGENCE 12. Paragraphs 1 through 11 of the Plaintiffs Complaint are incorporated herein by reference and made a part thereof as if set forth in full, 13. The negligence and carelessness of Defendant Shariff Humphry consisted of: A, Inattentiveness; B. Failing to have his vehicle under proper and adequate control; C. Failing to apply his brakes in time to avoid the collision with the Esh vehicle; D. Negligently applying the brakes; E. Failing to observe the Esh vehicle lawfully on the highway; and F. Operating his vehicle such as to create a dangerous situation for other vehicles lawfully on the roadway. 14. As a direct and proximate result of the accident Plaintiff, Jackie Tucker, suffered injuries that include the following: A, Neck pain; B. Pain in her left lumbo-sacral area; C. Pain in her left forearm; D. Low back pain; and E. Tenderness at the juncture of the ribs and lumbar vertebrae. 15, As a direct and proximate result of the accident, Plaintiff Jackie Tucker has incurred medical expenses to-date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made, 16. As a direct and proximate result of the injuries sustained in the accident, Plaintiff, Jackie Tucker, has missed work and has sustained wage losses 3 :t -''''IF.I! """:o!..".~,, ., "",__,1"'''' ' ,"~, ,'<_, ' ,'" ~,' 'j , ,. and may continue to incur additional wage loss into the future, and thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made, 19. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, suffered a diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Jackie Tucker, demands judgment from Defendant Shariff Humphry in an amount less than Thirty-Five Thousand ($35,000,00) Dollars and less than an amount requiring compulsory arbitration. COUNT II JACKIE TUCKER and TERRENCE TUCKER v. J. DONALD ESH NEGLIGENCE 20, Paragraphs 1 through 19 of the Plaintiffs Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 21, The negligence and carelessness of Defendant J. Donald Esh 4 ~(,,", ,~.,.,...- "_1, 'c' ',~, ~, I 'I ,..., " '" . 'I consisted of:: A. Inattentiveness; B. Driving too fast for conditions; C. Operating his vehicle at an excessive rate of speed under the circumstances; D. Failing to have his vehicle under proper and adequate control; E. Failing to apply his brakes in time to avoid the collision with the Tucker vehicle; F, Negligently applying the brakes; G, Failing to observe the Tucker vehicle lawfully on the highway; H, Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; and 1. Operating his vehicle such as to create a dangerous situation for other vehicles lawfully on the roadway. 22. As a direct and proximate result of the accident, Plaintiff, Jackie Tucker, suffered injuries, including the following: A. Neck pain; B. Pain in her left lumbo-sacral area; C. Pain in her left forearm; D. Low back pain; and E. Tenderness at the juncture of the ribs and lumbar vertebrae. 23, As a direct and proximate result of the accident, Plaintiff, Jackie Tucker, has incurred medical expenses to-date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 24. As a direct and proximate result of the injuries sustained in the accident, Plaintiff, Jackie Tucker, has sustained a wage loss and may continue to incur additional wage loss into the future, and thus, a claim for these losses is made. 25. As a direct and proximate result of the Defendants' negligence, Plaintiff, Jackie Tucker, suffered a total loss of her automobile. 5 ~- , -c. o:,^e " '1"",' ,r,' ',0",'" , ,,,,,,[~'O-"~"-- "'" _, ~T , '. 26. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has undergone in the past and, will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 27. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 28. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Jackie Tucker, suffered a diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Jackie Tucker, demands judgment from Defendant J. Donald Esh in an amount less than Thirty-Five Thousand ($35,000,00) Dollars and less than an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. Dated: tfholo/ , I B . /dd ~ y . Todd D. Getgen J.D. No. 80719 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorney for Plaintiff - 6 "_J>__ 1', ,- "~"'-' . 1"'""";"'-'-': '"1","1' VERXFXCATXON BASED UPON PERSONAL KNOWLEDGE AND XNFORMATXON OBTAXNED THROUGH COUNSEL I, JACKXE TUCKER, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint, to the extent that it is based upon information which I have given to counsel, is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint is that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsifications to authorities. Date: 1f/ ~ 2:9/)( ~ JA E TUCKER I",. . ~, . ", ", ~, == ',', '.' ""' f1i "- .1 ~ \:) H ~ ~ I ~ ~ ~!! ",'~ , ,~p 'i "t . ~~~;., '0 ;,2!8 AJa' -J~~ O' . -I ~ -r: - 0: 2 Z! ' 0' j\ -I! -Ill )>: l'T1'A' AJ: Oi) -< : j c ~ -- ~~::. 6~:F:':' ~:;::. ::J; C::"1 r--~ .- " ~2 L_ Z .< :r:;" ~', -".'~' :::> tv CJ- --~ ,.. --l~ ':-"\ cd '~ --' , ' 1.;~ :JJ -( 0l ~~ "l> (,.. -c:, , ~ <;: lJ C C) ~ f ~~~ _,.!ii'JlI\m~~~~illI'J!Ill~~"~.,.,..._~",,,M,~lYI'\l""*iW~_!Il;j;~lt!l!-~"~~1IM'I'~t~~!j.jW~~~~!~~_liI@lfl..ll1!ll<'_",""r,"~ JACKIE TUCKER Plaintiff v. SHARIFF HUMPHRY and J. DONALD ESH, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA No. 01-2102, Civil Term CIVIL ACTION - LAW STATUTORY ARBITRATION DEMANDED PRAECIPE Kindly reinstate the Complaint filed April 10, 2001 in the above-captioned matter. Dated: (Jb?;1 ;(p(:j ( IC~\~' ~,. ~ ~, , ... .. ,- --,~-- ,:--=" I -~, : :- I "~ - , , 1 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY/~Y~ Todd D. Getgen J.D. No, 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ,.1' , . o,t ;r-~~ 1!ti!L" , ~." . ,11m~.,..,...~ 0 0 0 c:: "T1 ;:;;: :l!: ""OO.J ;po mrn -< :~~ Z:::O tj~ I ~-i;t!j w -,.~ ~~(-:-J ';20 "'" ~.~? ~~ ~~c" -H... z..,\ )>e: CO csrn Z =-' ~ 0 ~ (J1 ~ -< ~~ ,!&'_~~J~I'IIIIl~r,;~~,,:!j'~>i;a'0iF;"Y;iB'~b""(<-'<)'''~-''0I,f,'i''~'''''-^'~'t;m~,ji-~;f\'IffM~""'i2'fr1\i~ifj;f'if:iiJlj!'-'i!>m'~P!Wm~~tlIfl!lij,'j'!'" A , . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02102 P t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND' TUCKER JACKIE VS HUMPHRY SHARIFF ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ESH J DONALD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 27th , 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18,00 Out of County 9,00 Surcharge 10,00 Dep. Lancaster Co 33,95 .00 70.95 04/27/2001 SCHMIDT, RONCA & KRAMER Sworn and subscribed to before me this '7"'!:::: day of ~J ;u,ol A.D. r' Ltr" v () ~"/'., ~ prothonotary ,\%,:~I!t~[l!lJ ':'''!F!79", 1--' "ri - ~_ -rw " SHERIFF'S RETURN - REGULAR CASE NO: 2001-02102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TUCKER JACKIE VS HUMPHRY SHARIFF ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUMPHRY SHARIFF the DEFENDANT , at 0018:40 HOURS, on the 18th day of April 2001 at 607 CUMBERLAND POINT CIRCLE MECHANICSBURG, PA 17055 by handing to SHARIFF HUMPHREY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 6.00 6.82 ,00 10.00 .00 22.82 ~~~~ R. Thomas Kline "Ii: 04/27/2001 SCHMIDT, RONCA & KRAMER Sworn and Subscribed to before By: r:~t~f me this !<;:.. '1- day of mJo.~ .:l.&vl A,D. ~ L f) 'In, eit.- ~ P othonotary , ".;-]:>;~ilf". ,JIT'!Il.m 'r ~_I "" '" ~, ,..,.., SHERIFF'S OFFICE , .50 NORTH DUKE STREET, P,O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 12, COURT NUMBER 01-2102 Civil 'f. - PLAINTIFF 1$/ , Jackie Tucker 3. DEFENDANT/SI 4, TYPE OF WRIT OR COMPLAINT' -4\JQ I- ; ce & Complain t Shariff Humphry, et. al. S_ARTVE {"~,~~~~~!f;~~R~:::,~~N~,:T;~:;'~~aRn~;'phCOde)~f9Wc~~~~0' e'""",,,, ,,' ,"" ,J.anne",CJ.,rcle... w.;;..""~xS-1;......1l."q,~\i!..a-ar~ PA 7 IND'CATE UNUSUAC"SE1l'i'iC,dhoEPUTizE"'t:rdTHER Cumberland Now, 4 /l;:> ! 01 20 , I, SHERIFF OF ~i!lIl( COUNTY, P Lancas ter County to execute this W to law. This deputation being made at the request and risk of the plaintiff. s. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: $HER1F'F'QF UNTY Cumberland -....' ,/ s: H CIl (l ~ '" gj Cm1BElR-Lp.ND os , NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching allY property under within writ may leave same without a watchman, in custody'ofwhomeverisfound in possession, after notifying person otlevy orattachment, without liability on the part of such deputy or the sherJlf to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11 DATE1 % 1 TODD D GETEN I (717) 232-6300 4/ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice IS to be mailed) SCHMIDT RONICA & KRAMER 209 STATE ST 'R'a'Q'QT~RTTR~ P;l\ 17101 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE NAME of Authorized leSO Deputy or Clerk 14. Date Received 13. I acknowledge receipt of the writ l orcomplaintasindicatedabove. f ANNETTE WALTON 717-295-3609 4/18/01 15. Expiration/Hearing date 5/18/01 16.1 hereby CERTIFY and RETURN that [0 have personally served,O have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the wril orcomplaintdescribed on the individual, company, corporation, etc., at the address shown above oron the individual, company, cor. poratlon. etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof, 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc" amed above. (See remarks below) 180 Name and title of individual served (if not shown above) (RelationShip to Defendant) 19. oServlee See Remarks Below (No. SO) 2L Date of Service 22, Time AM PM EST EDST 20, Address of where served (complete only if different than shown above) (Street or RFD,ApartmentNo..City, Bora, Twp. State and Zip Code) 23, ATTEMPTS Miles Dep. Int. 10 1J14H Cep.lnt, 24, Advance Costs 30, S.T.A~ 100.00 30.50 :;J:Jd'i--Nt::MlVr'.5 I-'lor7I&1Z- PIZtP.lfP"'-T) ,,<.IV>> /fPt?IZ.t""5> ,Irg,: C-fK.CU!I I15l"AfMU8olZ(,... /;4. I7O~ ) i I t,.37 &>Nf3l?lZ14?,)}> /b1N1' ..:?3yd CK d-jl.d7 4~oJ 34. ~ g~p~~eaiNr of 35, Signature 01 Sherill " I 37. ~>{olhonotary/O MY COMMISSION EXPIRES ,. WHITE. Issuing Authority 2. PINK. Attomey 3. CANARY ~ Sheriff's Office ~ ..... ''''=.~.'\\ .-,,'.-'"' (-'."~ ( !;, ,,.;; ":(...;;,~- ,'.',....-:'"',:;, .'!', --"~:';~<lI''''' ._..~ " " ~,; "" , J<:, , i' ' .,50 NO~TH DlIKE ~~lEET, 1~~~;3480, LANC~~:JTER' PEtINSYL~\NIA 17608-3~~::")299'820~ ,',',' , SHEI~IFF SERVICE ,,- (. - ',,', ' PLEASE 't",p~: .', PROCESS RECEIPT aml..'~FFI[\'AVI~~J= RE'.URN ~_DOiNOlbEl'ACH ~M'E;e~I6~. 1. PlAINTIFF/SI 2_ COLR-- ~UM3:::tc_ '""'. ~. o . L 1. (L '-.._1 VJ J. SL] EP iF'='S OF Fr C ~" 3.::H:::kie TUI''<:O:'" 3_ DEFENDANT '51 4_ TYPE OF WR,T OR COMPLAINT: -I\l.o;~;.s..e /; Comp la in t '~-. Sh._ariff H'~.jT1t'1 :'Yr l':~... 9..',.... { 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. l!,jq~[ ::t'ii K (~:Ii '(\"I~Xll xXX , ". Dona td 135 1 e' 6. ~D~~ES~.(~treet,or RFO~ ~part, ment No., Ci~y~ Bora, Twp" State and ZIP "code,l. ,WIL1:OW ~ T ~EE'J J Ph AT J,h u,9me ','rcle.M.'";.<lri!~~*'n,,hij~~>illP.<'<<!'jflillCP,1\ 7 'N01CATE UNUSUAL SERV'CE,)tj OEPUT'ZE 0 OTHER C\; mber Land NOW, 4 II. ) /01 20, _ , I, SHERIFF OF :)g(~ll\ii' COUN1Y, PA" do' hereby deputize the Sheriff of i"ancas t"T County to execute this Writ and make return thereof according to law, This deputation being made at the request and risk of the plaintiff, ,. S"",,, o'}~~;K~,;lI, &cNn 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THATY(ILL ASSIST IN E~P~DITINGSERVICE: Cumhi rJ:and , SERVE .. -~" , ,..; .:~- " '" ,.., [f; n o 7l "" t-rj 01 ;a GtJMBER1.J\ND CS NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N~B. WAIVERPF WATCHMAN - Any deputy sherif:' levying upon or attaching any, property under wfttlin writ may leave samewithoi.rt a watchman,'!n custodY-Of whomever is found in possession, a:fternotifying person ot levy or attachment, without liabilityon the part of such deputy or the sheriff to any plaintiff herein for any 10'55, destruction or removal of any such property before sheriff's sale thereof. 9, SIGNATURE of ATTORNEY or olher ORIGINATOR 1 0, T(EJ.E,P7H.ONE3'~~631l. 0 11 DfE1 % 1 TODD D GETEN 7 r) 2 I) U f' 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) SCHMID~' RONICA " KRAMER 209 STATE s'r ~~"!\'iJ:wm.~t l!~$~~b~]B. 'QWfl.o~'ti!$E'ql1'$R_f\.~'i?;~O:O;N~r:W'Rlf~BeE~W;r~l$'GlNE:- 13.1 aCknowledge receipt of the writ f NAME of Authorized LeSO Deputy or Clerk 14. Date Received 15, Expiration/Hearing date D'complaintasindicatedabove, ANNET'rE WALTON 717-295-3609 4/18/01 5/18/01 16, I hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks". the writ orcomplaintdescrib~d on the individual, company, corporation, etc., at the address shown above oron the individual. company, cor- poratIOn. etc., atthe address inserted below by handing a TRUE and ATTESTED COpy thereof, 17.01 hereby certify alJd. return a:'NOT FO~O because I am unable 'to locate the individual, company', ,corporation, etc., amed above. (See remarks below) 18. Name and title of individual ~served (if not shOwn above) (~e!atignship..tQ. Defendant) 19, 21. Date ,of Service 22. Time AM PM EST EDST 20. Address of where served (complete only if different than shown above) (Street orRFD,Apartment No., City, Bora, Twp. State and Zip Code) 23, ATTEMPTS Miles Dep.lnt. !o IY/4H 25, Dep.lnt. 24. Advance Costs S,TA, ;])l:i.r.;;:ft/J.;:4"Jr5 I-k,rlldL Pf?-c'f/rpcD o , ~.< r..:-,fk;Ci.e" NGC.IJ1MC.<';jjUd~ 111. J "~-'~i' "r.,/ / I ,_,,:.>:-5i'V /..iCtv' /fPO/2pc"''O' 170~ ,Q::::;> (".37 e.t4-1~M) 10IN1' '-' ',' '100.00 30, AEMARKS,. 30.50 ll.';: , .-" . (l,~.{p:' ~ll (/ ,-1 _'~"'! /! ~., ;" ,1 ,j t '},;, "/J;ft,fJ.-L ','d~' '," 2Y t}S~(~be(t t9 ~~:-~'!hi~/~_ q oJ " ,20 &1 ('1/ .~' (C) '. r) (),!4? I 4:J30J 31, c::r. ~~p~~~:rWle 01 33, Date 'f-~o- i! 36, ate Ll" q.() I 34, 37 MY COMMISSION EXP'RES 1. wHITE -Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE--'Sheriff'$ .' ! JACKIE TUCKER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff No. 01-2102 Civil Term v. CML ACTION - LAW SHARIFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. Yau 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 LOCAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, ,PA 17013 717-249-3166 '(E,~ , - ,', '___',''';,~_, .'___"N"" ''''\'I'''"''l I r ,-', ','-' 1 " , ..V JACKIE TUCKER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiff No. 01-2102 Civil Term v. CML ACTION - LAW SHARIFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION DEMANDED AVISO USTED HA smo DEMANDADO / A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclarnada en la demanda 0 cualquier otra reclarnacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDlATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 .~4 1 ' "<,. "~" " , : . I ' ~. '1 ,~ ,-" I1lS' SHERIFF'S RETURN - REGULAR CASE NO: 2001-02102 P ,COMMONWEALTH OF PENNSYLVANIA: ,COUNTY OF CUMBERLAND TUCKER JACKIE VS HUMPHRY SHARIFF ET AL CPL MICK BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within REINSTATED was served upon ESH J DONALD the DEFENDANT , at 0941:00 HOURS, on the 23rd day of May 2001 at 637 CUMBERLAND POINT CIRCLE MECHANICSBURG, PA 17055 by handing to ELISA ESH (WIFE) a true and attested copy of REINSTATED together with COMPLAINT AND NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: f'"~~-e~-4? R. Thomas Kline OS/24/2001 SCHMIDT,RONCA & KRAMER Sworn and Subscribed to before By: me this do!&' day of Q OZ-/ A,D. 'YA" ,()., ~ ~ I Prothonotary' ::,if'~J!:WJP:r ., <,'-'- 1'- ~ -1- , . ~,~ ~ . ~' .. , , , . Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. JACKIE TURNER, v. NO.: 01-2102 Defendant. CIVIL ACTION - LAW STATUTORY ARBITRATION DEMANDED SHARIFF HUMPHRY and J. DONALD ESH, PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Sharis Humphrey, with regard to the above-captioned matter. Respectfully submitted, y- By: James G, Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 (",~_I'1'1,_l"l '" ".- '.'";- .1-",l,_~ ,""''''' "'-;'-'-_"""I"~--..":-,,.,_~,,,,_,'t,,_,,_-,,,,,, ,,"_0"'.;""" ,"~"~'''> _ _'.,.. '/__~_'_""'''''''_''W'"'''~''"''__''_'''_~''~_ ,A> '0' - . ~~ < ".~ " ~ . '. ;.' - CERTIFICATE OF SERVICE AND NOW, this JI ~y of May, 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Todd D. Getgen, Esquire SCHMIDT, RONCA & KRAMER, P,C. 209 State Street Harrisburg, PA 17101 Jefferson J, Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P,C, 320-E Market Street Harrisburg, PA 17101 c y~ JAMES G. NEALON, III, ESQUIRE ';'!,!!;"""-~->.",,,. '''-~-ft''!"''I7''__~'"i-lo"1'li'''1,*,,":V"''''',_ _",0,0-"""0 - '.~ ~,~ 1"'~o""1'"""~",."" ,'_,__~.,. ,"'~,,~~"_, ,_,__ ", ~,_, '"' _ ~_ __ ..,. __" _,__ =, " . Jefferson J. Shipman, Esquire LD. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Esh JACKIE TUCKER, Plaintiff vs. SHARIFF HUMPHRY and J. DONALD ESH, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO: 01-2102 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE PLEASE add the appearance of the undersigned on behalf of the Defendant, J. Donald Esh, in the above-captioned matter. DATE: SISb I Of 63746.1 \"'7,'", ;~:': -,'-~ """'<:),1"" ' ,;- \,n~~-"~'-- _".' C'" _-'A_","", 1'-" O';\_r< ,',C " ___"_,,r<,',""._ ,F 0'-_'","",," GOLDBERG, KATZMAN & SHIPMAN, P.C. " n J. Shi man, A torney I.D. 51785 3 0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Esh 1'-' '","""",~. .' ""'~_~~'N'"", ,~" . <e.> _~,"'" ~__ 0, ~ ., ~_= - CERTIFICATE OF SERVICE I herebY certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania., on 5 Todd D. Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, Pa 17101 Attorneys for Plaintiff James G. Nea.lon, Esquire 2411 North front Street Harrisburg, PA 17110 Attorneys for Defendant, Humphry GOLDBERG, KATZMAN & SHIPMAN, P.C. Je n J. Shipm 1. 51785 P. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants 63748.1 11", , "~,,,, ;'_"'r,w,,~~'"_"" __~.~+""" , ,,'-~ -_,,, ..', "" 9' __, -,,' ,7' '~'I."^")^-'" n_~,~C'_ -,' -"''--'-'',~'"'' , -." :~ e, ' ~" ',', 1"'"0' ,-, '" ,,~,," -- ,,,~ ., """ .~, " --~- - M .~ ,'-~, ~~~ .."" "0_' "." '^. p - ~-- --~; ='. 1--c~ ' -~ -,,~,,"', . !1Z;;~>"'-!~~!~~' ~-^ > ".' ""~'" - - ",",'''~~ ,n ~,~-- ~ "lllI.r='" '" >, (') 0 0 c: ~--f) ;s: '- "UtJJ c: ?:f~~ 9irT1 :z :1') 1 ;r~~ tliS?; ~/-, 0 ..." -....",..T. ~ :x ~'~ ~~~ ~g r:-: CSrn ,...., ~ ?ii CJ1 -< ;IT~1if:]t'!],;)!!ll!:r~, 1!I!i!~~~~"'lli,''4lm,~ , JACKIE TUCKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 01-2102 Civil Term v. CIVIL ACTION - LAW SHARIFF HUMPHRY and J. DONALD ESH, Defendants STATUTORY ARBITRATION DEMANDED PRAECIPE TO THE PROTHONOTARY: Please discontinue the complaint in the above-captioned action with prejudice, Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. Dated: June 11,2001 By -; crW ..:v~ Todd D. Getgen I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff , ).'","'-v"-'-~;""'''-~~~.,.,",, 1-"_-" , ',....,.."""-r ~ ~,' ~:r&~~ , CERTIFICATE OF SERVICE AND NOW this 11th day of June, 2001, I, Todd D. Getgen, Esquire, hereby certify that I have this day served the foregoing Praecipe to Discontinue by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, III, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. 0, Box 1268 Harrisburg, PA 17108-1268 SCHMIDT, RONCA & KRAMER, P.C. By: ~ "J' <<" " 1{f7idJ)~~ Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ~ ,'" '" t '.=, ,~, " ~~ ,,~_ ,~",' _~, <~ _ :'41_" ,~- ->,-~. - .. 'lllrr""" "'i'" ,. 0 CO () C -on ;s:: "- "OJ c::: mm :;;1:: ~ -,.;,~;~ Z'"f'. ~~E ~,..., f": N . C' -)".!..., ~C -c\ ~i-~ ~,-( )> ;;;8 _c ~5~~ >c ~ Z ,:::> ~ ~ en :u -<; '-, ^-"""''Y'''' '. 1ffll ~I~~~,;"',_=~' ~:lj!i'\OOW:;"':1mQfm""""'WiRWo/",'I'w,l'iffi!);I'_~~~3il~li!l11"\lW'lt<\'!I~~~~i