HomeMy WebLinkAbout99-03535
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SHARON L. SMITH and,
ARLIN C. SMITH, individually, and on
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V.
MICHAEL J. GREENFIELD,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-3535 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
SHARON L. SMITH and,
ARLIN C. SMITH, individually, and on
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
IN BANKRUPTCY
Chapter 13 Proceeding
Bk. No. 1-99-04219
Creditors/Movants
V.
MICHAEL J. GREENFIELD,
Debtor
STIPULATION OF THE PARTIES
This Stipulation of the Parties ("Stipulation") is made and entered in this 9 41, _ day of
Vti P-_, 2001, by and between Michael J. Greenfield and Sharon L. Smith and Arlin C. Smith,
individually, and as Administrators of the Estate of Angela C. Smith (collectively "the Parties").
WHEREAS, on February 10, 1998, Angela C, Smith passed away at the residence of
Michael J. Greenfield, 600 N. 3rd Street, Wormleysburg, Pennsylvania, 17043.
WHEREAS, on June 9, 1999, Sharon L. Smith and Arlin C. Smith, individually, and as
Administrators of the Estate of Angela C. Smith initiated a civil lawsuit against Michael J.
Greenfield in the Court of Common Pleas of Cumberland County at Docket No. 99-3535 arising out
of the death of Angela C. Smith (the "Civil Action").
WHEREAS, on October 5, 1999, Michael J. Greenfield filed a voluntary petition for relief
under Chapter 13 of the United States Bankruptcy Code in United States District Court for the
Middle District of Pennsylvania, Docket No. 1-99-04219 (the "Bankruptcy Proceeding").
WHEREAS, on February 16, 2000, Sharon L. Smith and Arlin C. Smith initiated an
Adversary Proceeding in the Bankruptcy Action by filing a Motion for Relief from Stay with the
United States Bankruptcy Court for the Middle District of Pennsylvania seeking relief from the
automating stay imposed by the Bankruptcy Proceeding for the purpose of pursuing an adjudication
against Michael J. Greenfield in the Civil Action in order to recover the insurance proceeds, if any,
under Michael J, Greenfield's homeowner's policy of insurance with Minnesota Fire and Casualty
Company, Policy No. 1285062 (the "Policy").
WHEREAS, by Order dated March 7, 2000, the United States Bankruptcy Court for the
Middle District of Pennsylvania granted the Motion for Relief from Stay of Sharon L. Smith and
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Arlin C. Smith and ordered that the automatic stay in the Bankruptcy Proceeding be removed for the
purpose of permitting Sharon L. Smith and Arlin C. Smith to proceed to trial in the Civil Action to
liquidate any claims against Michael J. Greenfield for the proceeds of Mr. Greenfield's
homeowner's insurance policy.
WHEREAS, on June 22, 2000, Minnesota Fire and Casualty Company initiated a
Declaratory Judgment Action against Michael J. Greenfield, Sharon L. Smith and Arlin C. Smith in
the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 00-3886 (the
"Declaratory Judgment Action"), which matter is now pending before Superior Court of
Pennsylvania.
WHEREAS, in order to allow for the orderly and timely disposition of the above referenced
actions, the Parties to this Stipulation wish to identify the nature of the claims Sharon L. Smith and
Arlin C. Smith will pursue and may pursue in the Civil Action and in the Bankruptcy Proceeding
individually, and as Administrators of the Estate of Angela C. Smith by stipulating as follows:
1. Plaintiffs hereby withdraw from their Complaint in the Civil Action all claims for
punitive damages against the Defendant Michael J. Greenfield and will make no
claim against Michael J. Greenfield for punitive damages in the Civil Action.
2. Plaintiffs hereby stipulate and agree to limit the recovery of any and all claims for
damages awarded against Defendant Michael J. Greenfield in the Civil Action, if any,
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to the amount for which Michael J. Greenfield is indemnified under his homeowner's
policy of insurance with Minnesota Fire and Casualty Company, Policy No, 1285062.
Plaintiffs hereby stipulate and agree to be bound by this Stipulation in any proceeding
before the United States Bankruptcy Court for the Middle District of Pennsylvania
or any other tribunal for the purpose of pursuing monetary damages against Michael
J. Greenfield awarded in the Civil Action above the amount for which Mr. Greenfield
is indemnified under his homeowner's policy of insurance with Minnesota Fire and
Casualty Company, Policy No. 1285062.
Aao? Y"
Sharon L. Smith
Date:
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/Arl t . Smith
Date: 5--.29-0/
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Michae J. enfield
Date: lD -`i`t '01
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CERTIFICATE OF SERVICE
On this 12th day of June, 2001, I, Ruth M. Forsythe, a secretary in the law offices of
Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct
copies of the foregoing Stipulation of the Parties in the above-captioned matter, by depositing
same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those
persons and addresses indicated below:
Lee E. Oesterling, Esq.
HAZLETT & OESTERLING
20 South Market Street
Mechanicsburg, PA 17055
Mark K. Emery, Esq.
FENSTERMACHER & ASSOCIATES, P.C.
The Jonas Rupp House
5115 East Trindle Road
Mechanicsburg, PA 17055
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SHARON L. SMITH, et al., IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY PENNSYLVANIA
Document No. 99-3535 Civil Term
V.
MICHAEL J. GREENFIELD,
Defendant JURY TRIAL DEMANDED
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw our appearance on behalf of Defendant Michael J. Greenfield in the above.
captioned matter.
Date: S 9 G2 By: U-tA J??
Kennet L. Sable
Attorney I.D. No. 22002
Duane Morris LLP
305 N. Front St., 5d' Floor
Harrisburg, PA 17101
(717) 237-5532
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Defendant Michael J. Greenfield in the above-
captioned matter.
Date: S ?9?a By: TAT?,-.
Robert .I ly Jr.
Attorney I. o. 21925 j
Kelly, Hoffman & Goduto LLP
Commerce Towers, 10' Floor r
300 N. 2nd St.
Harrisburg, PA 17101
(717) 920-8100
CERTIFICATE OF ERVI E
AND NOW, this of May, 2002, I, Mindy R. Fink, a paralegal in the law offices of
Duane Morris LLP, hereby certify that I this day served a true and correct copy of the foregoing
Praecipe for Withdrawl of Appearance/Entry of Appearance by placing the same in the United
States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to the attorneys
or parties of record as follows:
Lee E. Oesterling, Esq.
Hazlett & Oesterling
20 S. Market St.
Mechanicsburg, PA 17055
Mark K. Emery, Esq.
Fenstermacher & Associates, P.C.
The Jonas Rupp House
5115 E. Trindle Rd.
Mechanicsburg, PA 17055
HBW7525.1
Mindy R. Fink
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SHARON L. SMITH and,
ARLIN C. SMITH, individually, and on
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V.
MICHAEL J. GREENFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO. g9--?S:3S. L:Iu ? C rv
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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SHARON L. SMITH and, IN THE COURT OF COMMON PLEAS OF
ARLIN C. SMITH, individually, and as CUMBERLAND COUNTY, PENNSYLVANIA
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V. : DOCKET NO.
MICHAEL J. GREENFIELD,
Defendant JURY TRIAL DEMANDED
COMPLAINT
AND NOW come the Plaintiffs, by and through their attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Complaint, as follows:
1. Plaintiffs Sharon L. Smith and Arlin C. Smith (jointly "the Smiths"),
husband and wife, are adult individuals with a residence of 530 Lavina Drive,
Mechanicsburg, Pennsylvania 17055.
2. The Smiths were appointed administrators of the Estate of Angela C.
Smith on May 13, 1999.
3. Defendant Michael J. Greenfield ("Greenfield") is an adult individual whose
last known address was 600 North 3rd Street, Wormleysburg, PA 17043.
4. On February 9, 1998, Angela Smith was present at the residence owned
by Greenfield, located at 600 North 3`d Street, Wormleysburg, PA 17043.
5. At such time and place, Greenfield sold heroin to Angela Smith, said
heroin being contained in a bag marked "Suicide".
6. Angela Smith injected the heroin at Greenfield's residence.
7. In the evening hours of February 9, 1998, subsequent to injecting the
heroin sold by Greenfield, Angela Smith passed out at Greenfield's residence.
8. Greenfield knew of, or reasonably should have foreseen, the harmful and
dangerous consequence of selling heroin and promoting the use of such heroin by
Angela Smith.
9. Greenfield made no attempt to revive Angela Smith.
10. During the evening hours of February 9, 1998, and into the morning hours
of February 10, 1998, Greenfield made no attempts to check on the condition of Angela
Smith or attempt to revive her.
11. During the aforementioned period of time, Greenfield was engaged in
sexual conduct with a minor female, to whom he had also sold heroin to, in another area
of his residence.
12. On the morning of February 10, 1998, Greenfield found Angela Smith in
an unconscious state.
13. Rather than aid Angela Smith or contact emergency or other medical help,
Greenfield left her at his residence and went to work.
14. At approximately 10:00 p.m., Greenfield returned to his residence with a
friend, Robert Rollins ("Rollins"). At that time, Greenfield determined that Angela Smith
was dead.
15. Greenfield and Rollins took Angela Smith's body and placed it in
Greenfield's car. Greenfield and Rollins then drove to an area in Fairview Township,
York County, and dropped the corpse along the Yellow Breeches.
16. Greenfield then contacted the police and initially concocted a story
whereby he simply found the body of Angela Smith along the Yellow Breeches.
17. Greenfield eventually plead guilty to abuse of a corpse, involuntary
manslaughter and unlawful delivery of a schedule one controlled substance.
18. It was determined through an autopsy that the cause of death for Angela
Smith was opiate toxicity, i.e. a drug overdose.
19. The act of providing illegal narcotics amounts to negligence, per se.
20. Greenfield owed a duty to Angela Smith to not provide harmful illegal
narcotics, and further to provide for and maintain her safety after injecting such
narcotics.
21. Greenfield breached such duty by failing to utilize reasonable care under
the circumstances, such breach being the cause of Angela Smith's death.
22. Greenfield's actions, as set forth herein, were willful, wanton, reckless and
performed with complete disregard of the rights of Angela Smith.
COUNTI
Sharon L. Smith and Arlin C. Smith, on behalf of themselves and all other
beneficiaries of the Estate of Angela Smith
V.
Michael J. Greenfield
Wrongful Death (42 Pa. C.S.A. §8301)
23. Paragraphs 1 through 22 are incorporated fully herein by reference.
24. The Smiths were the mother and father of Angela Smith.
25. The Smiths are authorized to bring such action under 42 Pa. C.S.A.
§8301(b).
26. The name, residence and relationship to the decedent of all other persons
entitled to recover damages is as follows:
Christopher Michael Smith, 25 Rola Court, Mechanicsburg, PA 17055 Brother
Jeremy Ryan Smith, 25 Rola Court, Mechanicsburg, PA 17055 Brother
Shawn James Smith, 530 Lavine Drive, Mechanicsburg, PA 17055 Brother
27. This action is brought on behalf of the Smiths and all others listed
immediately abcve.
28. The death of Angela Smith was due to the wrongful actions, neglect and
negligence of Greenfield.
29. No action was brought by the decedent against the Defendant during
decedent's lifetime.
4
30. Due to the death of Angela Smith, the Smiths have incurred funeral
expenses and the expense of administration of the Estate.
WHEREFORE, Plaintiffs Sharon L. Smith and Arlin C. Smith respectfully request
this Honorable Court enter Judgment for them and against Michael J. Greenfield, and
further award costs, attorneys fees and punitive damages.
COUNT II
Sharon L. Smith and Arlin C. Smith, as Administrators
of the Estate of Angela C. Smith
V.
Michael J. Greenfield
Survival Action (42 Pa. C.S.A. §8302)
31. Paragraphs 1 through 30 are incorporated fully herein by reference.
32. The injury to and resulting death of Angela Smith was due to the
negligence of Greenfield.
33. No action to recover for the injuries of Angela Smith had been brought
during the life of Angela Smith.
34. Due to Greenfield's actions, the Estate of Angela C. Smith has been
deprived of the earnings and earning power of Angela Smith from the time of her death
to her estimated life span.
35. Due to Greenfield's actions, Angela Smith endured pain and suffering prior
to her death.
5
WHEREFORE, Plaintiffs Sharon L. Smith and Arlin C. Smith respectfully request
this Honorable Court enter Judgment for them and against Michael J. Greenfield, and
further award costs, attorneys fees and punitive damages.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By: %?1---
John R. Fenstermacher
Supreme Court I.D. #29940
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiffs
DATED: June 9, 1999
VERIFICATION
We, Sharon L. Smith and Arlin C. Smith, hereby certify and verify that the facts
set forth in the foregoing Complaint are true and correct to the best of our knowledge,
information and belief. We understand that any false statements herein are subject to
the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities.
1?n?'MJ
n L. Smith
Sharo
rlin C. Smith
DATE: ?WIC aN? M 9
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03535 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SMITH SHARON L ET AL
VS.
GREENFILED MICHAEL J
HAROLD J. WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon GREENFIELD MICHAEL J the
defendant, at 1550:00 HOURS, on the 16th day of June
1999 at 4120 ROSEMONT AVE.
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to VERNON GREENFIELD, FATHER OF
a true and attested copy of the COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 8.00 K. I o s ine,
$3r30-FEI?ST$RMACHER & ASSOC.
06//18//1999
by
sworn and subscribe to before me
this IF ' day of
19 gg A. D.
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rurno-notary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SHARON L. SMITH and ARLIN C.
SMITH, individually, and as
Administrators of the Estate of No. 99-3535 Civil Term
ANGELA C. SMITH
Plaintiffs,
V.
Civil Action - Law
MICHAEL J. GREENFIELD JURY TRIAL DEMANDED
Defendant
AND NOW, comes Defendant, Michael J. Greenfield, by and through his counsel Lee
E. Oesterling, Esquire and states the following in support of his Answer to Plaintiff's
Complaint.
1. Admitted.
2. Admitted.
3. Admitted in part denied in part. It is admitted that defendant is an adult
individual, however, his correct address is 4120 Rosemont Avenue, Camp
Hill, PA 17011.
4. Admitted.
5. Denied. It is specifically denied that defendant sold heroin to the decedent.
6. Admitted.
7. Defendant is without knowledge or information sufficient to form a belief as
to whether the decedent, Angela Smith passed out. By way of further answer,
defendant believed Ms. Smith was sleeping.
8. Paragraph 8 contains conclusions of law as to the ultimate issue and as such is
denied.
9. Denied.
10. Admitted in part denied in part. It is admitted that defendant did not check on
the condition of Ms. Smith during the general period alleged, however, by
way of further answer, defendant believed that Ms. Smith was sleeping and
was therefore not aware of any condition that would have required Ms. Smith
to be "revived."
11. Denied. It is specifically denied that defendant was engaged in sexual conduct
with a minor to whom he had sold heroin in another part of the residence.
12. Denied.
13. Denied.
14. Denied.
15. Admitted.
16. Admitted.
17. Admitted.
18. Defendant is without knowledge or information sufficient to form a belief as
to the cause of death for Angela Smith.
19. Paragraph 19 contains conclusions of law as to the ultimate issue and as such
is denied.
20. Paragraph 20 contains conclusions of law as to the ultimate issue and as such
is denied.
21. Paragraph 21 contains conclusions of law as to the ultimate issue and as such
is denied,
22. Paragraph 22 contains conclusions of law as to the ultimate issue and as such
is denied.
23. No answer required.
24. Admitted.
25. Denied
26. Defendant is without knowledge or information sufficient to form a belief as
to the truth of the averment.
27. Defendant is without knowledge or information sufficient to form a belief as
to the truth of the averment.
28. Paragraph 28 contains conclusions of law as to the ultimate issue and as such
is denied.
29. Admitted
30. Defendant is without knowledge or information sufficient to form a belief as
to the truth of the averment.
31. No answer required.
32. Paragraph 32 contains conclusions of law as to the ultimate issue and as such
is denied.
33. Admitted.
34. Defendant is without knowledge or information sufficient to form a belief as
to the truth of the averment.
35. Paragraph 35 contains conclusions of law as to the ultimate issue and as such
is denied.
WHEREFORE, defendant respectfully requests that the Court dismiss plaintiffs
complaint, and render a judgment in favor of defendant.
RESPECTFULLY SUBMITTED,
Lee E: QarerTing, Esquire
20 South Market Street
Mechanicsburg, PA. 17055
(717) 790-0490
I verify that upon personal knowledge or information and belief that the statements made in this
Answer are true and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. § 4904, relating to unswom falsification to authorities.
Defendant
Date: %-74 -q7
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SHARON L. SMITH and ARLIN C.
SMITH, individually, and as
Administrators of the Estate of No. 99-3535 Civil Term
ANGELA C. SMITH
Plaintiffs,
V.
Civil Action - Law
MICHAEL J. GREENFIELD JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF qFRVIC
I hereby certify that on the 16th day of July , 192, a true and correct copy of the
Defendant's Answer in the above-captioned matter, was served upon the persons and in the manner
listed below:
Service by personally delivering a copy to the office of Fenstermacher and Associates P.C., the
attomey(s) of record in the above captioned matter, with a principal address of 5115 East Trindle
Road, Mechanicsburg, PA 17055.
Lee E. Oeswring, I.D. # 71
Attorney for Defendant
20 South Market Street
Mechanicsburg, PA 17055
(717)790.0490
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SHARON L. SMITH and,
ARLIN C. SMITH, individually, and or
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V.
MICHAEL J. GREENFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-3535
JURY TRIAL DEMANDED
ORDER
AND NOW, this 14r day of !$r& bu , 1999, upon consideration of
Plaintiffs' Motion to Compel Answers to Interrogatories, it is hereby ORDERED that
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Defendant shall within 20 days or suffer sanctions.
Distribution:
Mark K. Emery, Esquire _
Lee E. Oesterling, Esquire
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BY THE COURT,
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SHARON L. SMITH and,
ARLIN C, SMITH, individually, and on
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V.
MICHAEL J. GREENFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-3535
JURY TRIAL DEMANDED
PLAINTIFFS' MOTION TO COMPEL
ANSWERS TO INTERROGATORIES
AND NOW come the Plaintiffs, by and through their attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Plaintiffs' Motion to Compel Answers
to Interrogatories, as follows:
Plaintiffs served upon the Defendant their First Set of Written
Interrogatories on July 20, 1999. Such Interrogatories are attached and incorporated
herein as Exhibit "A".
2. On August 30, 1999, Defendant's counsel was requested to provide
Answers to the outstanding discovery within 7 days, or advise when the Answers would
be provided. A copy of such correspondence is attached and incorporated herein as
Exhibit "B".
3. As of this date, Defendant has failed to timely provide answers to
Plaintiffs' Interrogatories or otherwise respond to Plaintiffs' request.
WHEREFORE, Plaintiffs respectfully request this Honorable Court order
Defendant to fully respond to Plaintiffs' First Set of Written Interrogatories within 20 days
or suffer the appropriate sanctions.
Respecffully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
John R. Fenstermacher
Supreme Court I.D. #29940
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiffs
DATED: September 10, 1999
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EXHIBIT 'A'
SHARON L. SMITH and,
ARLIN C. SMITH, individually, and on
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V.
MICHAEL J. GREENFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-3535
JURY TRIAL DEMANDED
PLAINTIFFS' FIRST SET OF WRITTEN
INTERROGATORIES ADDRESSED TO DEFENDANT
TO: Michael J. Greenfield
C/O Lee E. Oesterling, Esquire
Hazlett & Oesterling
20 South Market Street
Mechanicsburg, PA 17055
These Interrogatories are propounded pursuant to the Pennsylvania Rules
of Civil Procedure and are to be answered by the Defendant in accordance therewith.
Defendant is required to answer these Interrogatories in writing under oath, based upon all
information available to him and to his attorneys, employees, and other agents, or
representatives. Defendant is also required to serve answers to these Interrogatories
within thirty (30) days, to the offices of Plaintiffs' counsel, Fenstennacher and Associates,
P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania 17055, and supplement his
answers in accordance with the Pennsylvania Rules of Civil Procedure.
These Interrogatories are to be answered by the Defendant, Michael J.
Greenfield.
Instructions
1. The following Interrogatories are to be answered in writing, verified, and
served upon the undersigned within thirty (30) days of service upon you. Objections
must be signed by the attorney raising the objection. In answering, you must furnish
any and all information available to you, your employees, representatives, agents and
attorneys. Your answers must be supplemented and amended as required by the
Pennsylvania Rules of Civil Procedure.
2. With respect to any claim of privilege or immunity from discovery, you must
identify the privilege or immunity asserted and provide sufficient information to
substantiate the claim.
3. In lieu of identifying documents in response to these Interrogatories, you may
provide copies of such documents with appropriate references to the corresponding
Interrogatories.
4. These Interrogatories shall be construed and interpreted in accordance with
the Pennsylvania Rules of Civil Procedure.
Definitions
1. "Document", when used herein, means any record, including any object
which contains written, printed, typed or magnetically recorded information, a graphic or
photographic representation or sound, however produced or reproduced. Document
includes an original or any copy of any statement, report, letter, memorandum, book,
article, note, blueprint, drawing, sketch, photograph, motion picture, videotape,
phonograph, compact disc or any other sound recording. Document also includes any
card, disc, magnetic tape, printout, data cell, drum and any other data compilations
designed for the storage of information in conjunction with a computer or any other
word/data processing system.
2. "Identify" or "Identity", when used herein with respect to:
a. A natural person means to state:
i, the person's full name;
ii. the person's present or last known address; and
iii. the person's employer and employer's address at the time of
the events referred to in the Interrogatory.
2
b. An entity other than an individual, including a corporation,
partnership, limited liability company or partnership, unincorporated association,
governmental agency, etc. or a subsidiary, division, or subdivision thereof, means to
state:
I. Its full corporate name;
ii. the date and place of incorporation, if known;
iii. the present or last known address of the entity; and
iv. if applicable, the full name and present or last known
address of the entity's subsidiary, division or subdivision.
C. A document, as defined above, means to state:
i. the nature of the document (i.e. whether it is a report,
statement, letter, etc.);
ii. the title of the document, or if no title, a description of
the document sufficient to identify same;
iii. the identity of the person(s) who prepared the
document;
iv. the identity of the person(s) for whom the document
was prepared or to whom the document was directed;
V. the date the document was prepared; and
vi. the identity of the present custodian of the document
or any copy of the document.
d. An oral communication means to state:
i. the date the communication occurred;
ii. the place where the communication occurred;
the substance of the communication;
iv. the identify of the person(s) who made the
communication;
V. the identity of each person to whom such
communication was made; and
vi. the identity of each person who was present when
such communication was made.
e. Any other context means to provide a description with sufficient
particularity that the thing may thereafter be specified and recognized, including relevant
dates and places, the identification of relevant people, entities, and documents.
3
3. "Person", when used herein refers to a natural person, association,
partnership, corporation, or government agency.
4. "You" or "Your", when used herein, refers to Michael J. Greenfield,
Defendant, his agents, representatives, servants, and/or employees.
INTERROGATORIES
1. State;
a. Your full name;
b. Each other name, if any, which you have used or by which you
have been known;
employer; C. Your present occupation and the name and address of your
r,
4
2. If you are covered by any type of insurance that might be applicable to the
incident in this matter, state the following with respect to each such policy:
a. The name of the insurance carrier which issued the policy;
b. The named insured under each policy and the policy number of
each policy;
C. The type(s) and effective dates(s) of each policy;
d. The amount of coverage provided for each occurrence, and in the
aggregate for each policy; and
e. Each exclusion, if any, in the policy which is applicable to any claim
thereunder and any reasons, if any, why you or the carrier claim the exclusion is
applicable.
ANSWER:
5
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3. If you know of anyone that has given any statement (as defined by the
Rules of Civil Procedure) concerning this action or its subject matter, state:
a. The identity of such person;
b. When, where, by whom, and to whom each statement was made,
and whether it was reduced to writing or otherwise recorded; and
c. The identity of any person who has custody of any such statement
that was reduced to writing or otherwise recorded.
ANSWER:
4. Identify each person you intend to call as a non-expert witness at the trial
of this case, and for each person identified state your relationship with the witness and
the substance of the facts to which the witness is expected to testify.
ANSWER:
7
5. Identify all individuals present at your residence at 600 North 3rd Street,
Lemoyne, PA, at anytime on February 9 or February 10, 1998.
ANSWER:
1998. 6. Identify the source of the heroin utilized by Angela Smith on February 9,
ANSWER:
7. Identify all activities of your day of February 10, 1998 (i.e. at what time you
awoke, when you went to work, etc...).
ANSWER:
10
19987 8. At what time did Angela Smith arrive at your residence on February 9,
ANSWER:
11
9. Identify the number of times Angela Smith engaged in heroin use in your
presence, including the date, and all other individuals present, and the source of such
heroin.
ANSWER:
12
10. Did you provide heroin to Angela Smith on February 9, 19987 If yes,
identify:
a. the quantity;
and b. all consideration, if any, provided by Angela Smith for such heroin;
C. from whom you obtained the heroin.
ANSWER:
13
11. Is it your contention that any matters stated during your Guilty Plea
Colloquy, on August 25, 1998, are incorrect or disputed? If so, state:
a. all areas or matter which you dispute; and
b. the basis for such dispute.
ANSWER:
FENSTERMACHER AND ASSOCIATES, P.C.
By:
John1? Fenstermacher
Supreme Court I.D. #29940
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiffs
DATED: July 20, 1999
14
CERTIFICATE OF SERVICE
AND NOW, on this ol-P day of July, 1999, I, Mark K. Emery, Esquire,
hereby certify that I have served the foregoing Interrogatories by mailing a true and correct
copy by United States first class mail, addressed as follows:
Lee E. Oesterling, Esquire
Hazlett & Oesterling
20 South Market Street
Mechanicsburg, PA 17055
FENSTERMACHER AND ASSOCIATES, P.C.
By: %6''??z
Mark K. Emery
EXHIBIT V
FENSTERMACHER AND ASSOCIATES, P.C.
ATTORNEYS AND COUNSELORS AT LAW
August 30, 1999
Lee E. Oesteding, Esquire
Hazlett & Oesteriing
C 20 South Market Street
Mechanicsburg, PA 17055
RE: Smith, at al. v. Greenfield
No. 99-3535 Cumberland County
o Dear Lee:
As stated in my prior correspondence, I will not discuss any possible settlement
without first obtaining your client's Answers to Interrogatories which are overdue.
Please provide such within the next seven days, or contact me to advise when I will be
receiving such. Thank you.
p Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
Y By:
Mark K. Emery
rc
HARRISBURG OFFICE THE JONAS RUPP HOUSE
108 LINCOLN STREET 5115 EAST TRINDLE ROAD OCEAN CITY OFFICE
HARRISBURG, PA 17112 MECHANICSBURG, PENNSYLVANIA 17055 26 BAY AVENUE
OCEAN CITY, NJ 08226
(717) 545-8610 (717) 691-5400
(609) 391.9461
FAX (717) 691-5441
NE JONAf RUPP 90UN
CERTIFICATE OF SERVICE
AND NOW, on this ID day of September, 1999, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Plaintiffs' Motion to Compel
Answers to Interrogatories by mailing a true and correct copy by United States first class
mail, addressed as follows:
Lee E. Oesterling, Esquire
Hazlett & Oesterling
20 South Market Street
Mechanicsburg, PA 17055
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
' ' 1
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SHARON L. SMITH and,
ARLIN C. SMITH, individually, and on
Behalf of all other beneficiaries of the
Estate of ANGELA C. SMITH, and as
Administrators of the Estate of
ANGELA C. SMITH,
Plaintiffs
V.
MICHAEL J. GREENFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-3535
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE WITH PREJUDICE
TO THE PROTHONOTARY:
Please mark the above-referenced action DISCONTINUED, with
prejudice.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
hn R. Fenstermacher
upreme Court I.D. #29940
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiffs
DATED: September 15, 2004
` ^a
'?anx'h5?1s'
CERTIFICATE OF SERVICE
AND NOW, on this Zelw- day of September, 2004, I, John R.
Fenstermacher, Esquire, hereby certify that I have served the foregoing Praecipe to
Discontinue with Prejudice by mailing a true and correct copy by United States first
class mail, addressed as follows:
Robert E. Kelly, Jr., Esquire
Kelly, Hoffman & Goduto, LLP
Commerce Towers -10th Floor
300 North Second Street
Harrisburg, Pennsylvania 17101
FENSTERMACHER AND ASSOCIATES, P.C.
Y
Fenstermacher
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