The URL can be used to link to this page

Home My WebLink About99-07630 i'? fazz3-to am jolI sism3ag No. 860 MDA 2001 DICKINSON COLLEGE V. CASSIA A. HOFFMAN Appeal from the order entered Court of Common Pleas for the County of Cumberland County No. 99-7630 6.15.01 - The above appeal is hereby withdrawn and discontinued by order of. Ann Margaret Grab. Esq. Attorney for Appellant 6.15.01 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set suy hand and the seal of said Court, at Harrisburg, this fifteenth day of June 2001 Chicr"Cleric - ?? ' ;- r- ?,; ._ ii: ,= ' _? =.? _, _ =; .. __? U ? Y Superior Court of Pennsylvania District David A. s:ewezak. Esq. middle D Prwhonouty - June 15, 2001 Patricia A. Whittaker Chkf Clerk Notice of Discontinuance of Action RE: Dickinson Col. v. Hoffman, C.A. Appeal of: Type of Action: Notice of Appeal No. 860 MDA 2001 Cumberland County Court of Common Pleas Agency Docket Number: 99-7630 Fulton Buildine. 20D N. Third Street. 9th Fbor F9rriilam. PA 17101 717.772-1294 W ,,,Pe,iOr.COWlStite.P2.t15 The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name party Name Party Type Scott B. Cooper, Esq. Ann Margaret Grab, Esq. Cassia A. Hoffman Dickinson College Appellee Appellant .j7 Y . 1 _? J AN ./ CERTIFICA'1'F, AND 'I'RANSMI'1'"1'AL OF RECORDS UNDER PENNSYLVANIA RULE OF APPF,LL,A"1'E PROCEDURE 1931 (t To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DICKINSON COLLEGE V, CASSIA A. HOFFMAN No. 99-7630 CIVIL TERM 860 MDA 2001 RECORD R F.O IN SUoFRIOR COURT JUN - 6 2001 \HANRISBUNG 0?00W' (10 op `mot i The documents comprising the record have been numbered from No. 1 to 326, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 6-4-01 An additional co Date li-att. - ? (<' C is R. Long, othonotl j c H. Sparling, Dpty. Please sien and date Signature & Title r? opw? CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER ENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (1 To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DICKINSON COLLEGE V, CASSIA A. HOFFMAN No. 99-7630 CIVIL TERM 860 MDA 2001 The documents comprising the record have been numbered from No. I to 326, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 6-4-01 Date 4CH rSparl ng, Tyro oing, D pty. . Signature & Title n Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 860 MDA 2001 to No. 99-7630 CIVIL _ 'fcrm. 19 is contained the following: COPY OF CCMPLETE DOCKET ENTRY DICKINSON COLLEGE V. CASSIA A. HOFFMAN SEE ATTACHED CERTIFIED DOCKET ENTRIES. i ?i PYS510 Cumberland County Prothonotary's Office - Page 3 Civil Case Inquiry 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Filed........: 12/22/1999 Case Type.....: WRIT OF SUMMONS Time..,......: 1,1:18 Judgment.,....: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dis osed Date. 0/00/0000 ------------ Case Comments ----- Hig er Crt 1.: 860 hiDA 2001 Higher Crt 2.: **i***#***i;**i*Yi4#i;*i}*#**#i#**#*}*#***#}}44*4*R*##}****i******#**##h4#R4h##• General Index Attorney Info DICKINSON COLLEGE PLAINTIFF GRAB ANN MARGARET HOFFMAN CASSIA A DEFENDANT 217 NORTH COLLEGE STREET CARLISLE PA 17013 Judgment Index Amount Date Desc PAGE NO. 1-3 15-6 17 i 8 - 28 29 - 31 ii 32 - 33 35-68 69 - 70 71 - 81 DICKINSON COLLEGE 4/20/2001 PRAECIPE JUDGMENT *********************+*****************+************************************k*** * Date Entries 12/22/1999 1/20/2000 1/21/2000 2/01/2000 5/18/2000 8/02/2000 8/07/2000 8/28/2000 9/01/2000 - FIRST ENTRY PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED ------------------------ ------------------------------------------- SHERIFF'S RETURN FILED Litigant.: HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN SERVED : NOT FOUND Costs ..___-$40.30 Pd By: GRIFFITH, STRICKLER, LERMAN 01/20/2000 ------- -------------------------------- PRAECIPE TO REISSUE WRIT OF SUMMONS ON CASSIA A HOFFMAN ONLY BY ANN MARGARET GRAB ESQ ------------------------------------------------------------------- SHER44IFF'S RETURN FILLED Costs.... $?I.100PdRBy: GRIFFITH, STRICKLERA&DLERMANI02/01/2000 ------- COMPLAINT ----------------------------------- -------------------------------- IMPORTANT NOTICE FILED --------------------------------------- STIPULATION TO DISCONTINUE ACTION AS TO PETER M HOFFMAN ------------------------------------------------------------------- MOTION FOR LEAVE TO AMEND CAPTION -------------------------------------- ----------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFENDNATS PRELIMINARY OBJECTIONS TO PLAINTFF'S COMPLAINT - BY SCOTT B COOPER ESQ ------------------------------------------- DEFENDANT'S RESPONSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND CAPTION ----- ----------- PENDANT'S PRELIMINARY OBJECTIONS TO - -PLAINTIFFS COMPLAINT -ORDER - AMENDS- GRANTED DATED COLLEGE PLFF VS CASSIF17 HOFFMAN DEFT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/1/00 ---------------------------------------- --------------------------- PRAECIPE TO ATTACH AFFIDAVIT OF CASSIA A HOFFMAN TO DEFTS PRLIMINARY OBJECTIONS TOPLFFS COMPLAINT BY SCOTT B COOPER ESQ -------------------------------------------------------------------ED L MOTION FOROLEAVE TO AMEN /2S/ALL BENHEARDTATCTHE SAENTjEETIMEPASFDEF'IS PRELIMINARY OBJECTIONS TO PLFFS COMPALINT ON 10/11/00 AT ARGUMENT COURT ------------------------------------------------- DEFENDANT'S REPLY BREIF IN SUPPORT OF PRELIMINARY OBJECTIONS - BY SCOTT B COOPER ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 11/20/00 - IN RE PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT AND PLF S h1OTION OT AMEND THE CAPTION OF 9/01/2000 82 - 157 9/01/2000 34 8/31/2000 158 - 160 9/06/2000 161 - 165 9/21/2000 166 - 174 10/11/2000 175 - 184 11/21/2000 r'`1 ?*?, PYS510 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Filed........: 12/22/1999 Case Type.....: WRIT OF SUMMONS Time...... . 11:18 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 860 MDA 2001 PALE NO. Higher Crt 2.: COMPLAINT -PRELIMINARY OBJECTIONS OF DEFT ARE DISMISSED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/21/00 - CAPTION IS AMENDED TO READ DICKINSON COLLEGE 1 PLAINTIFF V. CASSIA A. HOFFMAN, DEFENDANT - BY THE COURT CDGAR B BAYLEY J COPIES 11/21/00 ---------------------------------- -------------------------------- 185 - 188 12/05/2000 COMPLAINTTO SSUBSSTTITUTE VERIFICATION F PLAINTIFFS COUNSEL TO THE ------------------------------------------------------------------- 189 - 232 12/12/2000 DEFENDANT'SQ NSWERFTO COMPLAINT INCLUDING NEW MATTER - BY SCOTT B COOPER ES ATY DEFT ------------------------------------------------- 233 - 238 12/21/2000 REPLY TO NEW MATTER - BY ANN MARGARET GRAB ESQ ATTY FOR PLFF ------------------------------------------------------------------- 239 - 242 1/05/2001 PRAECIPE TO SUBSTITUTE VERIFICATION - BY ANN MARGARET GRAB ESQ -------------------------------------------------------------------NDAN 243 - 244 3/08/2001 PRAECIPE MOTIONSFORGSUCASE MMARYOJUDGMENTN- BYDSCOTT BTCOOPER AESQ FOR DEFT ------------------------------------------------------------------- 245 - 268 3/08/2001 SCOTTDB COOPERSSESQ FOR IA A HODEF? S MOTION FOR SUMMARY JUDGMENT - BY ------------------------------------------------------------------- 269 - 312 3/19/2001 PLAINTIFF'S ANSWERETO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY ANN MARGARET GRAB F ------------------------------------------------- ----------------- 313 - 316 4/12/2001 ORDER OF COURT - DATED 4/11/01 - IN RE MOTION OF DEFENDANT FOR SUMMARY9/1DGMENT - GRANTED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------- ----------------- 317 - 318 4/20/2001 PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED NOTICE MAILED ------------------------------------------------- ----------------- 319 - 324 5/10/2001 NNOTIICCE MARGAREALGTO SUPERIOR COURT FROM THE ORDER ENTERED 4/11/01 - BY N ------------------------------------------------------------------- 325 - 326 5/31/2001 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO 4 860 MDA 2001 LAST ENTRY - - - - - - - - - - - - - - * Escrow Information # * Fees & Debits Beq+ Bal P#ymts/Adj End Bal WRIT OF SUMMONS 35.00 35.00 .00 TAX ON WRIT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 JDMT 9.00 9.00 .00 ------------------------ ------------ 54.50 54.50 .00 * End of Case Information TRUE (oOPY FROM RECORD to Testimony whereof, I here unto set my hand and seal of saki at Cadisfe, Pa !ht ! ,,. ?o {oU %? Protho Commonwealth of Pennsylvania County of Cumberland ss: Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true a nd correct copy of the whole record of the `8icCinson `college PI, inti(f, ritnd ?assia A. o man Defendant , as the same remain ecord before the said Court at No. 9 9 16 01J of civil Term, A.D. 19-- In TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 4th day of June A. D.. ?I r / Prg`onotary l George E. Hoffer P sident Judge of the n Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas orsaid County was, at thetimeof so doing,and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts ofjudicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the a ff cr Pr fJcnl .lodge Commonwealth of Pennsylvania 1 ss: County of Cumberland 11 1, Curti-. R Long , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable _ Ct- =ge E. Hoffer. P--1- by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 4 th day of ?June A.D. ?Q01 OPIALL4 ??4?.q LZ?u rrnlhOn010r1 i O? E U F 0 Z a E `u F C5 Z v u` C ?i O Ci z G Lf. G L 4 0 U a w v u 4. 9 C E 4 E ? c U D t U . I LU n c L 0 0241 P1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. PETER M. HOFFMAN. Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, No. 44` %J C) JURY TRIAL DEMANDED Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case- Writ of Summons shall be issued and forward to Attorn y/Sheriffl GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS r Dated: J'r OJ ?? To: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 BY: C Cl/) L" Ann Margaret Grab, Esquire Attorney 1. D. No. 55986 Attonney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION l:tvc ( '-l-r( YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASIHAVE COMMENCED AN ACTION AGAINST YOU. P OTHONOTARYICLERK, CIVIL ISION `av ?is- p ?/?Gt? Dateliz C?Z DEPUTY 1I r > : ? _ <? _ ? " ?' ?' ? ; ?.?' .,? i'. ? ? l .. - ?(... ;. a/ ': 1wtG6;i?EY ~i f 1 ?5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, //? No. `Z CG 7(.3 d d ut r l Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. /L Writ of Summons shall be issued and forward t Attorne Sheriff. Dated: '? ail ?VI GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: l3 Ann Margare Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. CC? PROTHONOTARY/CLERK, IVIL SION Date:I S_C_2a 1QT7 DEPUTY a. Ut:"• r 1' (,.-1 l ? ?d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA} DICKINSON COLLEGE, No 71b l _!Ut ??? JURY TRIAL DEMANDED Vs. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. I -Writ of Summons shall be issued and forward to Attome Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS &/GC?ALKIINNS Dated: BY421 C' U ( 1 / l? Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. pOTARY/ECIVIL DIV N 4Y • ?a Date 'Cot, ?44'J? DEPUTY Plaintiff 3. O - S HERIFF'S RETURN - NOT FOUND CASE NO: 1999-07630 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HOFFMAN PETER M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT NAT GUARD. CASSIA A HOFFMAN , NOT FOUND , as to HOFFMAN PETER M PARENT AND DEFENDANT COULD NOT BE SERVED PRIOR TO EXP. DATE LEFT NO FORWARDING, 12 ATTEMPTS MADE FOR SERVICE. Sheriff's Costs: So an ens i11? Docketing 18.00 Service ' 9.30 Not Found Return 5.00 R/.' Thomas Kline Surcharge 8.00 Sheriff of Cumberland County .00 40.30 GRIFFITH, STRICKLER, LERMAN 01/20/2000 Sworn and subscribed to before me this 21*,4- day of r 2et,•y A. D. PYollhonotary 06'"1 F';% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99.7630 Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE Please re-issue the Writ of Summons issued in the above-captioned matter on December 22, 1999 as to Cassia A. Hoffman only. DATED: JANUARY 21, 2000 GRIFFITH, STRICKLER, LERMAN SOLYMOS & C KINS By: A n arga t rat, Esq ire Attorney for Plaintiff Attorney Id. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 6 ?HERIFF'S RETURN - REGULAR CASE NO: 1999-07630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HOFFMAN PETER M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS (REISSUED was served upon HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN the DEFENDANT , at 0019:55 HOURS, on the 28th day of January , 2000 at 217 NORTH COLLEGE ST CARLISLE, PA 17013 by handing to STEPHANIE PORTER (ADULT ROOMMATE OF CASSIA A. HOFFMAN) a true and attested copy of WRIT OF SUMMONS (REISSUED together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this 2S CLI- day of 2&LIO A.D. ? ?c rot onotarl/ So Answers: R. T ma ine 02/01/2000 GRIFFITH, STRICKLER & LERMAN By: Depu i 7. v•?aw PQA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs vs. CASSIA A. HOFFMAN, Defendant No. 99-7630 Civil Term JURY TRIAL DEMANDED NOTICE TO DEFEND TO: CASSIA M. HOFFMAN 217 North College Street Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 Telephone: (800) 692-7375 p.:__ ..10) GRIFFITH, STRICKLER, LERMAN, SOL/Y,,N40S & CALKINS BY: r /Y?JG r ANN MARGARET GRAD, ESQ Attomey for PLAINTIFF Supreme Court I.D. # 55986 110 South Northem Way 'el York, Pennsylvania 17402 Date: _-L? ?/ (/ `J Telephone: (7I7) 757-7602 5. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defcnderse de Ins quejas cxpuestas en [as paginas siguientes, debe tomar action dentro de veinte (20) dlas a partir de la fecha en quc recibio la demanda y cl aviso. Usted debe presentar comparecencia escrita en persona o per abogado y presenter en la Corte por escrito sus defensas o sus objeciones a [as demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados par el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 Teldfono:(800) 692-7375 /6. ... 0191A I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and No. 99-7630 Civil Tenn CATHERINE MANNA, SAMUEL DEITCH and JURY TRIAL DEMANDED KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant COMPLAINT 1. Plaintiff is Dickinson College, a Liberal Arts College located in Carlisle, Pennsylvania, 17013-2896. 2. Plaintiffs, Timothy and Catherine Manna, are adult individuals, currently residing at 326 Old White Horse Pike, Waterford, New Jersey, 08089, who, at all times relevant hereto, had a daughter, Nicki Manna, who was a student at Dickinson College and a resident of McKenney Hall. 3. Plaintiffs, Samuel and Kathy Deitch, are adult individuals who currently reside at 175 Limekiln Road, Carlisle, Pennsylvania 17013-9487, and have a daughter who was, at all times relevant hereto, a student at Dickinson College and a resident of McKenney Hall. 4. Defendant, Cassia A. Hoffman, is an adult individual, currently residing at 217 North College Street, Carlisle, Pennsylvania 17013 and formerly a resident of McKenney Hall. 5. On February 6, 1998, Defendant, Cassia A. Hoffman, was a sophomore at Dickinson College. 6. On February 6, 1998 Defendant, Cassia A. Hoffman, resided in a college owned residence hall, McKenney Hall, situated on West High Street, Carlisle, Pennsylvania. 7. On February 6, 1998, at approximately 4:00 a.m., and in violation of written college ?Wl residence hall policy, Cassia A. Hoffman, lit a candle in her dorm room and fell asleep. r , . , Pty 8. On February 6, 1998, at approximately 6:45 a.m., Cassia A. Hoffman awoke to find her bed engulfed in flame. 9. Dickinson College's McKenney Hall sustained property damage originating in Suite 20D as the result of the candle having been IeD unattended by Defendant, Cassia A. Hoffman. 10. Plaintiffs, Timothy and Catherine Manna, and Samuel and Kathy Deitch, sustained damage to personal property as the result of the candle having been let unattended by Defendant, Cassia A. Hoffman. 11. Defendant, Cassia A. Hoffman, was negligent, careless and reckless and her negligence was the direct cause of the fire and resultant property damage sustained by Dickinson College, 'rimothy and Catherine Manna, and Samuel and Kathy Deitch. 12. Defendant, Cassia A. Hoffman, was careless, reckless and negligent in that she: a. lit a candle despite knowing it was in derogation of the rules of the residence hall in which she resided; b. allowed the candle to bum unattended; C. falling asleep with the candle unattended; and d. failing to take measures to extinguish the fire and to limit the resultant damage sustained by Dickinson College, as well as her suite mates. 13. The property damage sustained by Dickinson College and Defendant, Cassia A. Hoffman's suite mates at McKenney Hall was the result of the sole negligence of the Defendant, Cassia A. Hoffman. 14. Dickinson College sustained property damage totaling $33,448.67 as the result of the fire caused by the negligence, carelessness, and recklessness of the Defendant, Cassia A. Hoffman. (A true and correct copy of the sworn statement and proof of loss is attached hereto marked "Exhibit A".) 15. Plaintiffs, Timothy and Catherine Manna's, daughter sustained property damage in the amount of $796.25 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of paid invoices are attached hereto marked 2 11. "Exhibit B.) 16. Plaintiffs, Samuel and Kathy Deitch's, daughter sustained property damage in the amount of $1,233.54 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of invoices representing this damage are attached hereto marked "Exhibit C.) WHEREFORE, Plaintiffs, Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch, demand judgment in their favor and against the Defendants, Peter M Hoffman and Cassia A. Hoffman in the amount of $35,478.46 together with interest and costs of suit. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Robert A. Lerman Supreme Court ID No. 07490 Ann Margaret Gra Supreme Court ID No. 55986 Attorneys for Plaintiff I to South Northern Way York, PA 17402 Telephone: (717) 757-7602 13. i Exhibit A U INSURANM SWORN STATEMENT PROOF OF LOSS TIME 1. AND ORIGIN CL- An . I; i ,_i; 2,000UrANcr TITLE S. AND INTEREST (?XJI(t 4!/ ,U-0 /.CHANGES INSURANCE TOTAL AMOUNT OF TOTAL UPON THE PROPERTY DEBCRIBED EY THIS POLICY. AT TIME OF LOSS. IS At SPECIFIED S. INSURANCE UNDER SCHEDULE'S'. THERE WAS NO OTHER INSURANCE AT THE TIME OF LOSS S CASH ACTUALCASN VALUE S E, VALUE AT TIME OF LOSS LOSS WHOLE LOSS AND DAMAGE E A 7' DAMAGE AMOUNT AMOUNT CLAIMED UNDER VE HUMSERSD POLICY S A LI AIMED THE ABO STATE OF I,e COUNTY OF-Le Q DAY OF SUtLCRILgD AND?SWORN TO BVOLLMt?T/(N I?/?? A lI1 L Al 66&, _ F i M. CL2 (6-761 NUMBER F RA7-7q2 'O1 Lu? cl< T,Q+M e.1 IT-44A. K. THt FURNISHING OF THIS [LANK OR THE PREPARATION 01 PROOFS MY A OF THE O COMPANY IS NOT A WAIVERTOFEANY OF ITSSRIGHTS ?YRANCt C ID DIpGI"''T1 ?EGE FWC=717-245-1899 PAGE 02/19 98 1626 2,1 13 ?14? -Page No l D OF-.. COSSI U? Mb ffvvla.v? (5 L.? 1, 6- ?I q 15 ? Z w ??.c u?ottda__ Sie 20 t 1o I N _ t aA n.. 01.A VI 4- b' 4tdk- L C. C nvvtJtA a S- IDL,nutpc of t? 4 ??? '? 1 wa 51?, ova +iAt Coutln - Qt Y?n?S O ER Y { 'S 1Abv4t. CAM S?t 'VA& SO L wliv Vivl. l .S • IA 1k f ,itvl?C \1ne {U 9 ,. e? 02,19 198 16:27 ID:DICK`• -CN .a7UEGE FAX:717-245-1M PAGE 3 ?12Ni 1N1?+ KWIC Slll?e.• Javvle, .+V%tvk Ict•t nvt eiiivjqquISllev? WENt tv1Cd 0. Ve pCk IVI- vbUWl At wlAicrl !1'1S e pp -il/tt cfkeA K6+ ib bpfv+ 'VIII, dDOV• ,v? .yet, $DDV was hot a1 P0 ve svlk0.vk tDlhSidty K plwu {ack WIeI+ I F?c wv1?c? was+ pW 1d• VIAVC SvVL 1 Vvva- +Ine w?} ... 1 avln N } opt1? to 5 S ? z +InCln WtMt to call 4W 16 V-*- dcpt Avg i 44AC qq?u?{{ Ik sccm dl •b bC •WAaf S4 S Nt -K^cy 14tFj- 44Ae `!cu.lte. .., st&A,+cd aKd •Nnt five vv?vt1` ogov 1o vv1IMS aflty ?V1t fiVC five. iv,Itlally - IS- Zo vo/ %4 tit•ts Phty 4411 ef avv%vcpl oUoowi •,iAt. skitt. I As ?'tit .C1vt, 1 wµ+tvltA oe- 1 Wovv1 o1?tSiAt so h Host •WIe five. WI ovfie?• _Wj, wtVIdolw Df KA voowl %Iv\ bvo" Ps iF I? vK?. 6de coldvlcsS 1 was \v, stioG1G I+ was alvCV, cvadllVI ••tAe-. atty. I WAS VD64MA b0.G1G ?vul FOV AAQ. fi 1 pµ} VF vUow .µne ?e.,r Dlat?I?fi t-C lid M, 51/11VQV 1 bvo >?y possess ?o N i1?w} 1?? ?cev%C {a WoLve 1 ? { . 40WV% le k t' SvtaIi'?a p ?lnc no Allov,, like kbwbl• viN . S+avt\?n9 b ?. A} .4Inis Po1v?r l i ?1nvbMVN31tik a 4Mf- S1?ILlaL40 was pA%AADSk ps 1 *,at& IGNDNI Qv1%jt- \%,^ " . QS l Iola was ?us1- lock ` llie y,,aP?evlcA , I 6volc4L`VL0wv1. vIV•u'1 elm, vny ?ooune-it wko`} Inad wuna- baGle. So Id US Wvtit hQ WOIS bu.V 4A^(, Na" b•} W1nIC1? fi1tMe VJ, Ifi0.1 1 + ,u+- He cou id bj tvtc'ttd D•S Inc Wtv?k obovt+ c five , ?>tclli?. ` uV`VI vespohdAal +o va-vlous ?uea?,ovls ••I•Vlty? 901- o, CO-v avid dveve A'b a1?1c twv-v tv1G1? 1aMCVt we saw n . I t.In iacui2Ad ?inb + l I vu viral daSin+bl?v µL?? a ?1'?u ? 1 v I ti) aV114 ivatald` ? Inc wled ca p Nt v?ti?lu Nne l ,IMt \A W LIA i to lint H v 6 'b vvltc+ up w l ?' vopwna 1'cS . ??Jt1 N , l I it W+e. cavld?G I fe l l 0.s?etp A-M vuolcc v? 2? C gQpvoa•) 1NUtL5 IGttV b Five, • 1 veallxt vlny vlnlstalcG 0.1nd\ 1 vt& Mt I-l•?ut alnn VL vespeNslblc ?? 54CVAAS -IMA 1 SV?G?1 A vlnlStA•lt C. . lnA bCC0.vIn G tiN &MLT"^9 ca,4' AS •4vo M C • 1 InOQL,d l? lS o•la.t ed a J b? +'/\'\s v vov+ 4"AAA- 1v,aiv ve ealy dI I?b CVI A ?%v -PA I S fib Ina•Ppwl . 1 Qlotvl'k Wf-Cu/l -b ^ \O" V% vv %4 bn H - deswu 4 akl of VIA J vouwlat't's' bx.loln ,?q S , du e. evld , buvvl syxt¢\,Vo4q?kV5 Sltiltt, vlnAktS' bOLWI A* Wk5 s i 1 VIa DI v1 o`? 2te n e Q e fie. Sullte, b - tvv -NA1$ v%cld Inl-DV1 a ?VRV.LV t 2 o'j actvf ?b S 1?1 t?- Z0 j Ivy /7 18 PAGE 02 03/04/1999 16:25 699767213 LOGICAL SOLUTIONS INTERNATIONAL. INC. 269 WHITE HORSE PIKE ATCO. NJ OBD04 (609) 753.1700 Crane. service, Inc. OlCrWV Le. 7rs e P ike :rford NJ 089 Y1? 5TiVV INVOICE Upon Receipt Lexmark Optra.E+ Laser Printer rPiaht/insurance j: Cam Lv? ?.,,?. ?.. C' ??l ciJ v 0/ 1 N SOB TOTAL will be assessed unless TAX A 25k Penalty .. payment is received within 30 Days TOTAL of the Invoice Date. NGT TO PAY I 374.99 22.09 397.08 397.08 .:? OW&I I I 249-1535 249-7052 _ Order No. Carlisle, PA 17013 ?LonYdf? _4:j<4 'i A TOTAL MA M ' B TOTAL LABOR C TOTAL: .. material Total A Accepted 6Y. LaborTotal•B:.: j - Special Tow G-..•. O/0i? 'tr4m° GRANCITOTAt-h. Imo; fo enan r4bNUrn' r t rJ TOTAkQgp r . n h,w V-1 Exhibit C M./!IC'4 %?:Kfi.!::??: ?. Y i^i',??'r C'tN`ct!nCi'it/r . l(.:t??.•:;YS:•:l:..I•: :..:':::..: .: "'Y?;Sk?•?/(?{?..?./ I ? INVOICE RESTORATION, INC. NT 0862 P.O. Box 9 12 Stover Drive Carlisle, PA 17013 ' (717) 249-7052 70 w,E Mr. Robert Edwards 3/13/98 Erie Insurance C TWERO DERV P .O. .O. Box 302 Dillsburg, PA 17019 SLLESVER50n DS ` 098-065-P TERMS: Net 10 Days QUANTIT DESCRIPTION PRICE AMOUNT rFinal billing for all labor and material necessary o clean electronics. Total Due 596. 5 CC: Mr. G Mrs. Sam Deitch 175 Limekiln Road Carlisle, PA 17013 :i THANK YOU l 1 1 }?i{ t. -1 ?Y t t I?• f? tl 41 , .. Z ? ( ?? 2 ?V "'l K+fi n' ?p! F < Y<I <•. VI fttrl• ? l t t . lQ+(?t?.tt! ? It l t1V < Yi f Y4 ?V L1•j µ r ,•t IIlI.I\i•1 ! S •[? Vl?it•?' t 1?, t ! V i ??I. ?1•'^1??€ ?1` VV 1 ? S u ??! tl[ 1 2 \ f`R lltt S I Ipt...: i ? ? f ?< V 1 t ?V f .: }ill ?14}t? • T.. Ids. .r . I • 'f J+. .:.'. ? K i. ? t<<( "Y 1 I Y 4?.2! i•h}R tt a ?1 ? NY I 1 1 tt t 41t1 t f . ?r . t 1?1 ,S'i r ? i``?`? i j ; .. : , w,auy: I ,^. /'1 •?„ I. -Metal Fabricators, Inc. E , >J ' ; 9.8144 ? ?.. ? -Mechanical Services, inc. 535 `? '`• Restoration, Inc. 'l t (717)249.7052 Carlisle, PA 17013 • r _ Work Order No. f? I l ???[i 1y J /f _19 y Y Date job Zip Charge To t Address ?. _: r .... 1 noceriotion of Work ATOTAL MATERIAL B TOTAL LABOR by: customer stprwturt far an sipna m CTOTALSPECIAL MaterialTotal A $ '- LaborTotal B $ / v Special Total C $ GRANDTOTAL $ Tax $ TOTAL DUE $ a3. 0 I a O Z E E ? O U Ct a 0 a m du v -mi m ? an C y W? rn C = ? G y N~ 0 J= 0 N9 L 3- ? >• ir 00 O oy z R? w s E IL ILo > pJa 'd9 Z m ` UG ?U w0 -0 ?co 02 c;w; Q0. W Ls O co °c E aZ „m ° v c, u? ? I _I p m w Z m O LL W m i ffl o` E ?r Lcul-ig OC z c IL M? wo m ¢o; 9c, WE r, (50, W- Z V S? r o_ Um y w U 1`: Z .< 3 o0 HOW x r*(?? )` ?Iq' .t4 ? t` 6 ?.K ? ? A ?'?e c P. 1 3N <. A ? ?r? ? s a to ?, . x ?' 5 A Q % n w Z Q h(n d t, ?C C g ? §O e E,a ,cu c a to m r? co n o c? C?C ter. r r r b i , 9'7 r^FN - 9 % r. -2 /. ?PSt A?ti.Yc?? 97 ean,L 3?? w? Cam., 1?? VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. 1 understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATE: l bo BY: ANN MARGARET GRAB Supreme Court I.D. No. 55986 Attorneys for Plaintiff 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 C4 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant No. 99-7630 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4 day of l N" 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, S YMOS & CALKINS, hereby certify that I have this date served a copy of Plaintiffs Complaint by United States Mail, addressed to the party or attorney of record as follows: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 Randy Sunshine, Esquire Liner Yankelevitz Sunshine Weinhart & Regenstreif LLP 3130 Wilshire Boulevard, Suite 200 Santa Monica, CA 90403-2300 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS jml/dickin.cmp Ann Margaret Grab Supreme Court ID No. 55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant No. 99-7630 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 DATE OF NOTICE: August 1, 2000 IMPORTANT NOTICE: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: y1?VU/\ Ann Margo et Grab, Esquire Attorney for Plaintiffs' Supreme Court I.D. #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ay. 1"1- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and No. 99-7630 Civil Tenn CATHERINE MANNA, SAMUEL DEITCH and JURY TRIAL DEMANDED KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant CERTIFICATE OF SERVICE AND NOW, this I st day of August, 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that 1 have this date served a copy of the Notice of Intent to Enter Default Judgment by United States Mail and Certified Mail, addressed to the party or attorney of record as follows: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 ISOLYMOS & ALKINS 1/NI/t /I °. GRIFFITH, STRICKLER, LERMAN, Ann Margaret Gmb,•Esquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 3v Schmidt, Roca & Kramer PC Attomeys and Counselors at law DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants zgmsyate streee Ila ,burg. PennsyWanla 97101- 717 / 232-6300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M. HOFFMAN Please discontinue the above-captioned action filed against Peter M. Hoffman, with prejudice. Date: 0 I Date: r JJ00 Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By. Ann M. Grab / Attorney Z.D. #55986 Attorney for Plaintiff .110 South Northern Way York, PA 17402 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman 209 State street Harrisburg, PA 17101 3?: r, . I"') DICKINSON COLLEGE, Plaintiff v. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ti AND NOW, this `? of August, 2000, I, Scott B. Cooper, attorney or hereby certify that I have served a true defendant Peter M. Hoffman, and correct copy of the Stipulation to Discontinue Action As To Peter M. Hoffman, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & ICRAMER, P • C BY: Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman ? 209 State Street Harrisburg, PA 17101 (717) 232-6300 33. •J f" *1 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99.7630 Civil Term Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PROPOSED ORDER AND KNOW, to wit, this day of v 5 2000, upon consideration of the Plaintiffs Motion for Leave to Amend the caption of the within action, it is hereby ORDERED that leave of court is granted and that the caption may be amended to read as follows, Dickinson College, Plaintiff versus Cassia A. Hoffman. Defendmtl. By the Court, /? // I ? Ju e 3 4- a 0 ,1 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Tenn Plaintiff VS. JURY TRIAL DEMANDED PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants MOTION FOR LEAVE TO AMEND CAPTION 1. Plaintiff commenced the within civil action by filing a Praecipe for Writ of Summons in Cumberland County on December 22, 1999. (A true and correct copy of the Writ of Summons is attached hereto, marked Exhibit 1). 2. The caption read Dickinson College versus Peter M. Hoffman, parent and natural guardian of Cassia A. Hoffman and a docket number of 99-7630 Civil Term was assigned. 3. The cause of action arises out of a fire which occurred at Dickinson College on February 6, 1998, for which the Plaintiff believes Cassia A. Hoffman or her guardian, Peter M. Hoffman may have had legal responsibility. 4. The original Writ of Summons could not be served upon Cassia A. lloffman, and a Praecipe directing the Prothonotary to "Re-issue the Writ of Summons as to Cassia A. Hoffman only" was filed on January 21, 2000. (A true and correct copy of the Praecipe re-issuing the Writ of Summons is attached hereto, marked Exhibit 2). 5. The re-issued Writ of Summons was served by the Cumberland County Sheriff on January 28, 2000 and accepted by an adult, Stephanie Porter, a roommate of Cassia Hoffman. (A true and correct copy of the Sheriffs Return of Service attached hereto, marked Exhibit 3). 35 r'1 6. Thereafter, a Complaint was filed naming as the Defendant only, Cassia A. Hoffman. (A true and correct copy of the Complaint is attached hereto, marked Exhibit 4). Cassia Hoffman was not named individually in the caption on the original Praecipe for Summons or the Praecipe to re-issue the Writ of Summons. 8. At all times relevant to this matter, Cassia Hoffman has been an adult. 9. Despite counsel's failure to name Cassia Hoffman individually in the caption, she was served with the re-issued Writ of Summons within the 2 year Statute of Limitations. 10. Receiving no response to the Complaint filed on May 18, 2000, Plaintiff filed a 10 day Notice of Intent to Take Default Judgment which was forwarded only to Cassia Hoffman. 11. Thereafter, contact was made with Scott B. Cooper, Esquire indicating that he had been retained to defend and wanted a Stipulation dismissing the action as it pertained to his client, Peter M. Hoffman. 12. Plaintiffs re-issued Writ of Summons was directed solely to Cassia Hoffman because Plaintiff's had determined that a cause of action did not lie in negligence against Peter Hoffman for the actions of his daughter. Plaintiffs counsel agreed to dismiss the case as it pertained to Peter Hoffman, believing that the cause of action against Cassia A. Hoffman remained. 13. The Stipulation prepared by Attorney Cooper and filed with this Court, lists both Cassia Hoffman and Peter Hoffman as Defendants. (A true and correct copy of the Stipulation signed by the parties is attached hereto, marked Exhibit 5). 14. Attorney Cooper advised orally, that he would also be defending Cassia Hoffman. 15. There is no prejudice to Cassia Hoffman in allowing the caption of the case to be amended to reflect that she individually is the sole Defendant. 16. Cassia A. Hoffman's name appears on the original Writ, the re-issued Writ is directed specifically to her, and site was served with the re-issued Writ within the Statue of Limitations. 17. The requested amendment does not add a party or a cause of action. Rather, the 10) amendment corrects a procedural error in the caption in that Cassia Hoffman is not named individually. 18. Pennsylvania Rule of Civil Procedure 126 provides that the Rules shall be liberally construed to secure the just speedy and inexpensive determination of every action or proceeding to which they are applicable. The Court at every stage of any action or proceeding may disregard any error or defective procedure which does not effect the substantial rights of the parties. Pa. R.C.P. § 126 19. Pennsylvania Rule of Civil Procedure 401(6)(2) provides that a Writ may be re-issued or a Complaint reinstated at any time, or in any number of times. A new party Defendant may be named in a re-issued Writ or a reinstated Complaint. Pa. R.C.P. 401(b)(2) 20. Pennsylvania Rule of Civil Procedure 402 provides that original process may be served by handing a copy of the document to an adult person at the Defendant's residence. Pa. R.C.P. 402 21. Finally, Pennsylvania Rule of Civil Procedure 1003 provides for the liberal amendment of pleadings to correct the name of a party. Pa. R.C.P. 1003 22. In as much as Cassia A. Hoffman was listed on the re-issued Writ of Summons and was served with the Writ of Summons within the Statute of Limitations, Plaintiffs request for leave to amend the caption should be granted. WHEREFORE, Plaintiff respectfully requests this Court grant leave to amend the caption of the case to read Dickinson College vs. Cassia A. Hoffman. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By GGi l / Ann Margaret Gra , Esquire Attorney I.D. #55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 37 rn Ki s s 9 5 60 1 J 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants No. 99- 700 JURY TRIAL DEMANDED pRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. Writ of summons shall be issued and forward to Attorney/" S?dff? GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: I•r I%?J' I To: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 ?j? l t BY: rLLl(li// I ? , / Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION e0f.,(`) , _T YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. RCTHONOTARY/CLERK, IL DIV N Date: .5_:a .2;Z, L9'07 Y' DEPUTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff No. L z ` ?b3 v ?iC>c ( C 4/LJ' L JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants - PRAECIPE FOR SUMMONS r? TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. / Writ of Summons shall be issued and forward tgA?ttotISheriff. GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS ka Dated: 1 / Ann Margare Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 'PKOTHONOTARYIGLERK, DIV ON Date:12?a, l4gcf Y: DEPU C 2AC'Yj__ 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 7U6 (7&,hj Plaintiff JURY TRIAL DEMANDED VS. _ PETER M. HOFFMAN, Individually and as - Parent and Naturaf Guardian of - _ ' CASSIA A. HOFFMAN, Defendants '- PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: =4' Issue summons in civil action in the above case. X Writ of Summons shall be issued and forward to Attcrne Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 BY! L-10 ll U' ?Ri A/ Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. OTHONOTARY/CLERK, CIVIL DIV Date:1FoZa r 1249 Y: DEPUTY 'i ,i: L Y 6 d 3 ?. /?L r'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DICKINSON COLLEGE, Plaintiff No. 99.7630 JURY TRIAL DEMANDED PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A.HOFFMAN. r is Defendants PRAECIPE - ' Please re-issue the Writ of Summons issued in the above-captioned matter on December22 1999 as to Cassia A. Hoffman only. DATED: JANUARY 21, 2000 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CA KINS By: l? 7 A- argaFet drab, Esqdire Attorney for Plaintiff Attorney Id. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 ?3. f` ? i :tis•ed 3 e Y s k P i 4 44 AUG It 2000 15:57 FP CUtIBEPLRID CO 9HERIFF717 240 6397 TO 97573783 CASE NO: 1999-070'30 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND D=r_KINSON COLLEGE VS HOFFNAN PETER M ET AL KE`XETH GOSSERT Sheriff or Deputy Sheriff of P. 2® Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS (REISSUED was served upon HOFFI4AIZ PETER M PARENT AND NAT GUARD. CASSIA A HOMGNT the DEFENDANT , at 0019:55 HOURS, on the 28th day of January , 2000 at 217 NORTH COLLEGE ST CA.RL:SL3, PA 17013 by handing to ST'ePH NIE PORTER (ADULT ROOMVATE OF CASSIA A. HOPFNAN) a true and attested copy of WRIT OF SUMMONS (REISSUED together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: F Docketing 18.00 Service Affidavit 2.10 .00 Surcharge 10.00 R. T' Ma .00 31.10 02/01/2000 GRIFFITs, STRICKLER u L R:fAN Sworn. and Subscribed to before Hy: m nis day o= Deeuri i I A. D. / = rothonotary j' t FYI// :ry K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA. SAMUEL DEITCH and KATHY DEITCH. No. 99-7630 Civil Term JURY TRIAL DEMANDED Plaintiffs Vs. CASSIA A. HOFFMAN, Defendant NOTICE TO DEFEND TO: CASSIA M. HOFFMAN 217 North College Street Carlisle, PA 17013 ? ( L7 „ :O YOU HAVE BEEN SUED M COURT. If you wish to defend against the claims set forth in the foregoing 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 OR for any other claim or relief requested by the OTHER RIGHTS IMPORTANT TO YOU. Plaintiff. YOU for any money claimed in the MONEY OR PROPERTY Complaint MAY LOSE MO YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. pcnnyylvania.I:jwgerRefettahSeErice _}?risbIIf?P7C"1TtB8 ?}e?ortc?(8Q07 59?-7i93 d Uh-4 i<t Avt: i is c- C?((c(Sr? P,9 17?t(; 7 ?i ?4?i- ,rlnt, a,- -boc7 - Ctr; c fer CLLJ)JL- aa1- di 13Ct: ?SSUG (ctd(d?1 0 GRIFFITH, STRICKLER, LERMAN, SOLYJcf,OS & CALKINS BY: /? r ANN MARGARET GR.A , ESQ Anomey for PLAINTIFF Supreme Court I.D. N 55986 110 South Northern Way York, Pennsylvania 17402 Telep J?'L Telephone: (717) 757-76 7602 Date: 4 A V ISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en ]as paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha on que recibio la demands y el aviso. Usted debe presentar compareceneia escrita en persona o por abogado y presenter en Ia Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa que si no se delienda, el caso puede proceder sin usted y la Cone puede decidir en so contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o par cualquier otra queja o compensation reclamados per el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO WMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 Teldfono: (800) 692-7375 4q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant No. 99-7630 Civil Tenn JURY TRIAL DEMANDED COMPLAINT Plaintiff is Dickinson College, a Liberal Arts College located in Carlisle, Pennsylvania, 17013-2896. 2. Plaintiffs, Timothy and Catherine Manna, are adult individuals, currently residing at 326 Old White Horse Pike, Waterford, New Jersey, 08089, who, at all times relevant hereto, had a daughter, Nicki Manna, who was a student at Dickinson College and a resident of McKenney Hall. 3, Plaintiffs, Samuel and Kathy Deitch, are adult individuals who currently reside at 175 Limekiln Road, Carlisle, Pennsylvania 17013-9487, and have a daughter who was, at all times relevant hereto, a student at Dickinson College and a resident of McKenney Hall. 4. Defendant, Cassia A. Hoffman, is an adult individual, currently residing at 217 North College Street, Carlisle, Pennsylvania 17013 and formerly a resident of McKenney Hall. 5. On February 6, 1998, Defendant, Cassia A. Hoffman, was a sophomore at Dickinson College. 6. On February 6, 1998 Defendant, Cassia A. Hoffman, resided in a college owned residence hall, McKenney Hall, situated on West High Street, Carlisle, Pennsylvania. 7. On February 6, 1998, at approximately 4:00 a.m., and in violation of written college J residence hall policy, Cassia A. Hoffman, lit a candle in her dorm room and fell asleep. V? 8. On February 6, 1998, at approximately 6:45 a.m., Cassia A. Hoffman awoke to find her bed engulfed in flame. 9. Dickinson College's McKenney Hall sustained property damage originating in Suite 20B as the result of the candle having been left unattended by Defendant, Cassia A. Hoffman. 10. Plaintiffs, Timothy and Catherine Manna, and Samuel and Kathy Deitch, sustained damage to personal property as the result of the candle having been let unattended by Defendant, Cassia A. Hoffman. it. Defendant, Cassia A. Hoffman, was negligent, careless and reckless and her negligence was the direct cause of the fire and resultant property damage sustained by Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch. 12. Defendant, Cassia A. Hoffman, was careless, reckless and negligent in that she: a, lit a candle despite knowing it was in derogation of the rules of the residence hall in which she resided; b, allowed the candle to bum unattended; C. falling asleep with the candle unattended; and d. failing to take measures to extinguish the fire and to limit the resultant damage sustained by Dickinson College, as well as her suite mates. 13. The property damage sustained by Dickinson College and Defendant, Cassia A. Hoffman's suite mates at McKenney Hall was the result of the sole negligence of the Defendant, Cassia A. Hoffman. 14. Dickinson College sustained property damage totaling $33,448.67 as the result of the fire caused by the negligence, carelessness, and recklessness of the Defendant, Cassia A. Hoffman. (A true and correct copy of the sworn statement and proof of loss is attached hereto marked "Exhibit A".) 15. Plaintiffs, Timothy and Catherine 6lanna's, daughter sustained property damage in the amount of 5796.25 as the result of the fire caused by the negligence, carelessness, and recklessness of , Defendant, Cassia A. Hoffman. (True and correct copies of paid invoices are attached hereto marked I tp "Exhibit B.) 16. Plaintiffs, Samuel and Kathy Deitch's, daughter sustained property damage in the amount of SI?33.54 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of invoices representing this damage are attached hereto marked "Exhibit C.) WHEREFORE, Plaintiffs, Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch, demand judgment in their favor and against the Defendants, Peter M Hoffman and Cassia A. Hoffman in the amount of $35,478.46 together with interest and costs of suit. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: I /,0[2.? o/ Robert A. Lerman Supreme Court ID No. 07490 Ann Margaret GratV Supreme Court ID No. 55986 Attorneys for Plaintiff I IO South Northern Way York, PA 17402 Telephone: (717) 757-7602 1 U INSURANM SWORN STATEMENT PROOF OF LOSS Z;;- zn7?2 -O1-/ AGENT'S NAME B AODR[Bf Sec c LoI cK T? cj olot . ./Yn" CL. M . TIME CAUK AND --I-" ..? -?- 1. AND ORIGIN C L NOW TH[ BUILDING DEIGRII[D. OR CONTAINING TH[ PROPERTY D[1CRIBEO. WAX OCCUPIEO MMY HE LDBt AT T 2. OCCUPANCY CS, CRC ?- I INSURED'[ INTLIIOT IN T I PROPERTY AT TIM[01 Lott -14 O • / TITLE ? 1 : •? es RH 3.AND OTHER[ NS HAVING INTIR[IT TNU[IN OR OMIRANC[TN[R[IN . i INTEREST a 4 ?- YS4000UTANCT,Pgt[SBION. LOCATION OR GIroSUR[O/DESCRIBED NT[ ? ASXIGNNL XCI POLICY ICY 4. CHANGES THE IURHI¦NING 01 THIS [LANK OR THE PREPARATION OI TOTAL AMOUNT 01 INSURANCE PRO012 BY A REPRESENTATIVE OI THE ABOVE INSURANCE TOTAL PON THEPROP[RY pCRI UPON THE, RY THIS POLICY. COMPANY IS NOT A WAIVER OI ANY OI ITS RIGHTS. S. INSURANCE AT TIM[ OI LOSS. IS At SPECIIIED UNDER SCH[OULE•S•. THERE WAS NO OTHER INSURANCE L ZZ r AT THE TIME OI LOSS t CASH ACTUAL GSM VALUE S 6. VALUE AT TIME Or LOSS LOS WHOLE LOSS AND DAMAGE . 33 yy8? 7. 6AMAGE AMOUNT AMOUNT CLAIMED UNDER THEASOVE HUMBERD roucY f • 6 S. CLAIMED THIS LOBS DID NOT ORIGINATI BY ANY ACT. DESIGN. OR PROCUREMENT ON MY PART OR BY ANYONE INSURED BY THIS POLICY. 1 HAVE NOT TCDESTROYEDNNOR WILLFULLY MCt LEO AT WOULD VIOLATE THE LE C D ANY PROPER Y NO COME OR CONUMT90 TO ING TH II HAVE NOT CONCEA N[R[UNO[R ARK THOSE DAMAGHED OR DESTROYED BY THIS LOSE O R[O A PARTTOI HEREIN AND IN THE O THS OF MY LOSS. I HAVE Sir FORTH MAY f i[ REQUIRED AND IT WILL [59 CONE SCHEDULES S LL O T OMPANY A IURN SH ANY OTHER INFORMATION THE ND INTO THE SURANCE I. BUT 01 MY A ILITT. I WIL A THIS PROOF OF LOBS. STATE Of 0?"/' Q COUNTY 0?-! am4?,da4 SUSICRIB OANDSWORN TO¦EPORIMETHI ?DAYOf a? NO Dom" M. V% MY commnsOn f A M. CL3 16781 ¦ X. 53 ll?% FPX:717-245-'899 Pfd .2 02i19 '98 1626 ID:DICKI"-rN C61FGE Z 113 I ? ? Page No ? ? Da iMeNT OF [ , COSSI r? WOC- \vt IN Stt• 20 .. .,.• ,.,, Alvw,(}[ I s Jw? .1aua - V L WAS (I J? v rA 5 4 1 U,nd vtv olc,?PSip4 ?? QyeV ( V,1/?LON'ly olAb c. t n via 0 nd 1 lv?t l o l ll(t ?I C bvtld I2 ov,•v a h eve ?S ,... ,:?,.?L??i.. ,AN l $Utilf. VNP?E L?-tl'?^ k?w.?t was e_ ctv,eu? fives- h?. ?yI c?tSivD4_ Ali ?? t WA 1tSS . OS 1 vl' 1 tavv,t ?rr ate- hew,t ._? ? ????v3. .Ie1.?>??•5?_.50? s V }.S .?1na?[fdt1? 1 Dol?(? -? ,_ f,?.d ,k• ?` S cl ID ?invte? of ?t?/ l wp SlN1, Dvl -l'HP LOluln AC'S ?VkbVIt, Ckll • kt ?1n, 1 W D LQVS-? i y s c W? stnll C Ulm ?? and wit aHell Ilno SU1ktS ;,Ac uA0 i 02/19 '98 16:27 ID:DICK''-CV ca.1FGE FAX:717-245•-'899 PAGE • 3 )(we- tvttu 4m, Sttil+ -e. Juvv%e - VNL%A Iti+ 'tU I1?nA nvt e¢}ivtqu,SkevS Vjd +hcv. we,tn+ ! wicd to Ap veac>~ -tv,t voUM ar t,Wnicn -1'!'Z;S ojv .+ .{Me, doov wa' loot A3 -HA4,9 dccrAeA K6+ •to apty +iAC doov ?InlGln ? o.. I 5 pr¢vN Svo#.v+ cowsidtviri -I'Ltt fac+ -YOM if +-Ale _ five I avtn vt ovyqav? I+ wot,LIA VtaVt 5v-vtLy VLAV+ 4'AtM) .. ?`f -wtt s ` S stv` wont- •b ca I I -WIC fi yr dcp At Wtt? lt??- I tie ?u Itt ... 1+ SletVo ed t? bt •Wta+ S` - S t Five stavtcd avid fi?e 414 yivt! p?tijoK4 1? vntv?s Aftty avvly? Abou.i- ts- Zo ,?%%ALIL c °`f4-inc skki+J- AS t +V%t .?Pyvt .vrul. I wa•I-c.titA asti , W0W o?+std / VA I l eh bvol?t -Vot. wtv+dow of KA voovvl so +e host i . - Ave- wI .m. 1 was 1tn Slnot.IG I+ was alt+vloS+ pS iF Iv+ I.I 04 coldvtess d VIA sln.vevl I waS vooztvi baGIL A vtA fovwlcvadl,vt rlne tn+ of ¢ five- - 0 lnty{ c ? iy p?ssGSs Iti v< -t'lnaA- I brouq Mt- e tx+ hW41. Ugh L -Nnlvl le-h- +tne scetnc. tD walcc ?"{ vuov OLi-c. vtati?t 0 ?c sRup.tiOV, Iile e At yV\ i s of vtr 1 tn?o?S S to vti to f o if -YVtvo vl^?u+ W+e Sttuatlo? wj+4?t E'ivt wo s a•l to Posk a s cZ L de- dvt lc vl o w A10% /?A ? .tnA S L -fold, waS ?uak- (oS+- - 11t p -f? IIGA•, Vol VbbWlait I W?af V,&? P60 Ot I bvolGt OW• Vi-v% -Wttvt l 45 .+ IM WaS buvvl-I- Q+ WV%I[lt tUMe wt IWo plta ba i? L tots tveP_W- QS VIt Wttvl•+ -b -•?ti,t n • { He cats (d So vestpov.d? 4%3 vov,ous ?LLesAiov^s Woo K+ 4AA1 five. Rtt14,A- ?ntln 9o i- a cav avid d vevE ko i VIt t wttyq ttnc? w?I(ve vie. saw .I stn O Ll12Jd 41-t O- I VD vt o uS buvZ av%zk -KALtS was HL? 'tVVk9rtal I0\1 •JMt wteQtca I p HWdavt+ • -- 1AtOLa gip -, Vii, l' 4,VI to Wtvt + •to 4Az Vtv 6 to vv\ec+ up Wt VA 044- ev' voow+a.s-cS'. c,tn, I i<it 4,VZ ca,nd?t I fell astetP avtc> wolct vp 212 CgeVvoa•) Wtls t6vMV Ito fivt, . I veatitt vtny m%SW4.t amok 1 vwrez • AAa+- tnn V" v2SpbvI5lb1G • 'It SM AS --Ina+ Such 6, wtista.lt C. la.ted &VIA bpte-OL te, titn awtazivt9 ea-t-nsfvo VIt• I lnopcI+ ,s b? +v6s Vt.pov+ Nnafi tv,QivU I I d, d t^64- ?.v1d 4?v 4-1A I S •tb Vta rpLvt . I dt4v%4- Wtcavt 4b ^ be- w vt VAS ba ?( - buvvl I (?tSWu? a\\ of tnnu voovt xtz'S 6tlotn01.?q S , d&tt??aa??t SVLAtt vtnNkts' latiolmi.03's I i Vtad Ino`?' „?teVlfi,?1/, ?a/Aagt -YvkL SvL,te i tD dawo? vtny V00YVL I ov dotwta9e -Nnc 2 o?'jactv.+ -b Slti t t Zo . FDV _[• A $ ivAC'i LA I atM ?v.eV4V ? H? ( T. 03/04/1999 18:25 68976721- ' ? I-(A LOGICAL SOLUTIONS INTERNATIONAL, INC. F`9 I 299 WHRE HORSE PIKE ATCO, NJ 08004 (609) 7534700 Crane. service, inc. old White. Horse Pike rford NJ 08089 INVOICE 0AIC 03/01/99 Inv. No.: n,,.n.I.. 03/01/99 Pa4e No.: PACE 02 14113 1 Upon Receipt (1•) LeXMark Optra E+ Laser Printer Height/ Insurance SALeS P17 ?1 ?19s 47V /I- ?,q ffi A Z%- Penalty will be assessed unless payment is received within 30 Days of the invoice Date. NET TO PAY 374.99 22.09 397.08 397.08 ?ai 1 I ntors, Inc ? a -Metal 5 4 ? nic l Mechinid Services, Inc 249-7GS2 X ?Restoration,Inc. F Carlisle, PA 1 7013 der No. ' : l ir?)• h } . c r' -K 4er:.. '•l T - :` i9 O Date T ? - Charge o ftL 12 Address 7 - P i f W i k 01 r-ft r 'r a - pt on o Descr or u .nµ 1-??ir:Ct :3?.,-... • ... 3Gi:1=.51'S_ltii.4?s?'fS.L 'i _ _ 71''"?J '?''rtifa.'S? ?'u5:f Vd'?^ ?`.?? . ? . J '1. t u1,r1 f A TOTAL MATERIAL 7 I u I 9 _1 (I IV i 4u , BTOTAL LABOR ` IS W CTOTAL SPECI& _ i j MaterWTotalA _. ., .5 Accepted by. ' Special To • - vg? s,••?r,L? GRAND TOTAL tiit, -c<.^- , (u ertrn sk?rrhF J x r.? TOTAL DID °Z Jy(s. ?S Y. i ?G RESTORATION, INC. P.O. Box 9 12 Slover Drive Cadisle, PA 17013 (717) 249-7052 TO Mr. Robert Edwards Erie Insurance P.O. Box 302 Dillsburg, PA 17019 TERMS: Net 10 Days IN O.ICE N°. 0862 QUANTITY DESCRIPTION PRICE AMOUNT Final billing for all labor and material necessary to clean electronics. Total Due 596. 25 CC: Mr. 6 Mrs. Sam Deitch 175 Limekiln Road Carlisle, PA 17013 i0 THANK YOU L X. c. y..[ c G' 9-81ii `e . t _ 535 • • (717) 249.7052 iY?-Grl,y i Work Order Ro. job J? - , •.n• - ?lv dr i'• I, Irv; Charge To ? ii •'rN .. , ; Carlisle, PA 17013 ... Date '- • -7 _metal raoncacom, inc. Mechanical Services, Inc. Restoration, Inc. t? 19 y.i• Address Zip Description of Work %'?::., / '/.• :r :: I•<.. I r.+... r I !. Y +FvQTY?,14' a t ,. u' d n w`1 x?wl ,I...,?cC.3' r"' T „_,1. DFSL:RIP710N?..r?t."5;. 4T`!x:':.???{-.'?'v'.eyr :.. it'SXL??m; ,?•$AMOUNTiki I ? NRSx&f ti['EHANIC „,' .,,,,,' p^ ' A TOTAL MATERIAL FACNt ahDbOT 3;>I'£, i 'MR-' iOO trmP#gN?`'>1,9 -. EA[H? JIMOII!!Y i/J ril f // Q 1L2C_ .. l'1!V ' j•I IV '/; ,N!':!.? tr (r is 4 Ix?.(U ,tL .tom i niz B TOTAL LABOR 'i ._I Cl(-) C TOTAL SPECIAL ti t%. J Sr Accepted by. a?n?:wK MaterlalTocalA LaborTotal B Special Total C GRANDTOTAL Tax $ $ $ $ (arenan tipnLwn: TOTAI 1111E It 5 ': 1. ??-• J jq -I O I Z o ro U ? c o °v J? i ° m { C W C C ( y AC i SL ?? cc N cn~ 0 L~ N? LL L ~ m OC cc mN O =? zm m. N? Z J7 o LLI m a. M'o O m ` Z m" UP 00 ¢a ° °:_° O O m X otD CL aE LLI n? D v 0 r- co E Z 6J3 m _1 C CC J E CL ?:m Eol W C 0 ? Z ¢ uwm O LL m 1.. y w' Z `o c LLI W W a T M. it a ?? WE t3 0 W =m Z ~ O- > U m m W U Z Q CL ? ;N 7 O r 2 7 7777 0 vv? ¢ a r e 9 q "0. Y1 a U f? EE e l W O N ¢ ° Q Z T ` ? e e? G° -me 0 6y of ° E C V Q 1, `1 r Tj E CV, 97 G - iYF - 9 7 ?-7 ?7 e ? 'niRVp n? V, VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verify that I i am the s are attorney the record for the knowledge, pleading true to of my party herein, and that the facts set forth in the foregoing information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK NIS DATE: l ce 00 BY: ANN MA¢GARET GRAD Supreme Court I.D. No. 55986 Attorneys for Plaintiff 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 r-*-N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs vs. CASSIA A. HOFFMAN, Defendant No. 99.7630 Civil Tenn JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this G,akt day of? V W' 2000, 1, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SO YMOS & CALKINS, hereby certify that I have this date served a copy of Plaintiffs Complaint by United States Mail, addressed to the party or attorney of record as follows: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 jmUdickin.cmp Randy Sunshine, Esquire Liner Yankelevitz Sunshine Weinhart & Regenstreif LLP 3130 Wilshire Boulevard, Suite 200 Santa Monica, CA 90403-2300 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By:R'e-i Ann Margaret Grab Supreme Court ID No. 55986 Momey for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 L3 f t f t T. ? i 0 7 DICKINSON COLLEGE, Plaintiff v. PETER M. HOFFMAN and .CASSIA HOFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M. HOFFMAN Please discontinue the above-captioned action filed against Peter M. Hof fmanf with prejudice. ?J Respectfully submitted, GRIFFITH, STRICKLER, LERMAN/ SOLYMOS & CALKINS Date: Date: 0/`7J1-?0 By:_ &,z), Ann M. Grab / Attorney I.D. #55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman 209 State Street Harrisburg, PA 17101 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE t AND NOW, this of August, 2000, I, Scott B. Cooper, attorney for defendant Peter M. Hoffman, hereby certify that I have served a true and correct copy of the Stipulation to Discontinue Action As To Peter M. Hoffman, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos 5 Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA 6 KRAMER, P.C. BY: Scott B. Cooper Attorney I.D. $70242 Attorney for Defendant Peter M. Hoffman 209 State Street Harrisburg, PA 17101 (717) 232-6300 w.-------- -: (0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants No. 99-7630 Civil'rerm JURY TRIAL DEMANDED ^ / CERTIFICATE OF SERVICE AND NOW, thisa day of August, 2000, 1, Ann Margaret Grab, a member of the firm of GR IFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion for Leave to Amend Caption by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Way York, Pennsylvania 17402 (717) 757-7602 Ann 110 South Margaret GrabNorthern, squire Supreme Court ID No. 55986 0 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full.) DICKINSON COLLEGE (Plaintiff) VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN 3 (Defendant) No. 7630 Civil Action-Lawl999 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 2. Identify counsel who will argue case: (a) for plaintiff: Ann M. Grab, Esquire Address: 110 South Northern Way York, PA 17402 (b) for defendant: Scott B. Cooper, Esquire Address: 209 State Street Harrisburg, PA 17101 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 11, 2000 Dated: 4P00, / 4 o Attorney for Defendants lOy DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7630 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30" day of August, 2000, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Listing Case for Argument by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: Le Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 `]0 ' :;: u ?f •. i ._ `_. C.:' . t ~' _? .? C\; '7? _) ==?5 _: ? ?_ ,.. I; . _.. ?. ? i;.u ?: _ __? :; c i 1 , .. e : ?. 1 .5L "Schmidt, Ro!..?a & Kramer PC a la 97101 . Attorneys and Counselors at law 717 / 232-6300 . DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-7630 PETER M. HOFFMAN, individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2000, upon consideration of the Plaintiff's Motion for Leave to Amend the Caption of the within action and the Defendant's response hereto, it is hereby ORDERED and DECREED that the Plaintiff's Motion is DENIED and the above case is dismissed with prejudice by Order of this Court. J. //. I DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-7630 PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND CAPTION 1. Admitted. 2. Denied. On the contrary, the caption reads Dickinson College, Plaintiff v. Peter M. Hoffman, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN. Plaintiff's Motion fails to include the word "individually" 3. Admitted in part and denied in part. It is admitted that this case arises out of a fire which occurred at Dickinson College on February 6, 1998, and that the Plaintiff believes Cassia A. Hoffman is responsible. However, it is denied that the Plaintiff believes, at the present, that Peter M. Hoffman may be legally responsible. 4. Denied as stated. The exhibit speaks for itself. 5. Denied as stated. The exhibit speaks for itself. 0. 7 q I 6. Denied as stated. The exhibit speaks for itself. By way of further answer, the Complaint also alleges additional Plaintiffs Timothy Manna, Catherine Manna, Samuel Deitch and Cathy Deitch, all of whom were not named on the initial Writ of Summons. i 7. Admitted. 8. Admitted. 9. Denied. The Defendant denies that Cassia A. Hoffman was served with the re-issued Writ within the two-year Statute of Limitations. On the contrary, the writ was served by the Sheriff on her roommate. Defendant believes that service of process was ineffective under Pa.R.C.P. 402 et seg. 10. Denied. Defendant denies that the Complaint was only forwarded to Cassia A. Hoffman. On the contrary, the Complaint was forwarded to Randy Sunshine, who is the personal attorney for Peter M. Hoffman. (See correspondence attached hereto as Exhibit "A"). 11. Admitted. 12. Denied. Defendant denies that the Plaintiff's reissued Writ of Summons was directed solely to Cassia A. Hoffman because the Plaintiff determined that a cause of action did not lie in negligence against Peter M. Hoffman for the actions of his daughter. On the contrary, when Mr. Cooper 13 initially spoke to Plaintiff's counsel, she indicated that she still did not know whether Peter M. Hoffman would still be responsible and thus, wanted a Stipulation sent to her for review and then would consider sending it back. It is admitted that Plaintiff's counsel eventually agreed to dismiss the case as it pertained to Peter M. Hoffman, however, at no time did Plaintiff's counsel indicate that the only reason she agreed to dismiss Peter M. Hoffman from the case was because she believed the cause of action against Cassia A. Hoffman remained. 13. Admitted. By way of further answer, Defense counsel relied upon Plaintiff's counsel's representations that Peter and Cassia Hoffman were named in the initial filing, and also relied upon Plaintiff's counsel using the same Defendant caption that was filed in a companion case by Barry Kronthal, Esquire in Dauphin County arising out of the same incident. (See Dauphin County caption attached hereto as Exhibit "B"). 14. Admitted. 15. Denied. It is specifically denied that there would be no prejudice to Cassia A. Hoffman in allowing the caption of the case to be amended to reflect that she individually is the sole Defendant. On the contrary, amending the caption of the case would be adding a new party at this time. Cassia Hoffman would 1,7 ?i ooi? be prejudiced by being named as a new party Defendant in a case in which the Statute of Limitations has already expired. 16. It is admitted that Cassia Hoffman's name appears somewhere on the original writ of Summons. However, she is not named as a party. It is admitted that a reissued Writ has her name on it, however, she is not named as a party. It is specifically denied that she was served within the Statute of Limitations since service was not made in accordance with Pa.R.C.P. 402, and thus, service should be set aside. 17. Denied. The Defendant specifically denies that the requested amendment does not add a party or cause of action. On the contrary, the requested amendment adds a new party - Cassia Hoffman. The amendment is not the result of a procedural error in the caption. 18. Admitted. 19. Admitted. 20. Denied. The Pennsylvania Rules of Civil Procedure do not provide that the original service can be made by handing a copy of the document to an adult person at the Defendant's residence. On the contrary, the Pennsylvania Rules of Civil Procedure state that original process can be made by handing a copy at the residence of the Defendant to an adult member of the family with whom he resides; and if no adult member of the Ic P°h family is found, then to an adult person in charge of such residence; or at the residence of the defendant to the clerk, or manager at the place of lodging of which the defendant resides, or at any office or usual place of business of the defendant, his or her agent, or to the person for the time being in charge thereof. Stephanie Porter, the roommate, does not qualify under Pa.R.C.P. 402 to accept service. 21. Denied. Pa.R.C.P. 1003 does not provide for the liberal amendment of pleadings to correct the name of a party. On the contrary, the rule of civil procedure referred to by the Plaintiff concerns waiver of rules and extension of time. Defendant believes that the Plaintiff was attempting to cite Pa. R. C. P. 1033. 22. Denied. Defendant requests that the Court deny the Plaintiff's request for leave to amend the caption for the reasons set forth herein. WHEREFORE, the Defendant respectfully requests this Court deny the Plaintiff's Motion for Leave to Amend the Caption of the case. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P. C. By 'I--- Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Defendant ry/ 191 0 EXHIBIT °vA11 n NU0'd Z• Ulu r-. RECEIVED LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH ROBERT M. STRICKLER NOBERTA LERMAN' PETER O. SOLYMOS CHARLES S. CALKINS PAUL O. LUTL' MICHAEL B. SCHEIB' 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402.3737 TELEPHONE: (717) 757.1602 FAX: (T17) 757-01!3 EMAIL. 9alac(Alcveam com 'Also Memos, MD Bar 'LLM (Taaalm); also Mwm CT Bo 'Also Ma W NY aM D.C. Ban May 24, 2000 (Dictated May 18, 2000) Randy Sunshine, Esquire 3130 Wilshire Boulevard Suite 200 Santa Monica, CA 90403 MAY 3 0 2000 ANN MARGARET GRAB LISA M. DIBERNARDO THOMAS S. SPONAUGLE WAYNE E. BRADBURN• JR. Re: Dickinson College vs. Peter M. Hoffman, Parent and Natural Guardian of Cassia A. Hoffman Dear Mr. Sunshine, Enclosed herewith please find acourtesy copy ofthe Complaint which was filed May 18, 2000 against Cassia A. Hoffman. Very truly yotus, ar aret rab jml/AMG/dickins.ltr Enclosure: I OiA 04 MAR-27••2600 14 44 /' V NEV I SI0r6/SEVEN ARTS IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA q q4 6 200b No. _ Civil Action (3) Law ( ) Equity MARTHA KOVAL 26 COE DRIVE COLUMBIA, PA 17512-2223 CASSIA HOFFMAN 9051 ORIOLE STREET LOS ANGELES, CA 90067 CHARLES C. and LORETTA MATSKO PETER HOFFMAN 1801 FRIAR TUCK DRIVE vs 9051 ORIOLE STREET N. HUNTINGDON, PA LOS ANGELES, CA 90067 JAMES T. and FERN O. SKELLY 107 BROOKMEADOW ROAD WILMINGTON, DE Plaintiff(s) & Defendant(s)(&) Address(es) Address(es) TO THE PROTHONOTARY OF SAID COURT: Piease issue writ of summons in the above-captioned action. -& Writ of Summons shall be issued and forwarded to Barry A. Kronthal, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 (717) 975.8114 Name/Address/Telephone No. Of Attorney Sheriff Attorney Supreme Court T.D. No. 55672 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA.¢VTffF(S) HAS, COMMENCED AN ACTION AGAINST YOU. `'' ,, DATE:Fehruarv4.2000 WIU 1 ?G?/i P.09 V to) DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, NO. 99-7630 Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30" day of August, 2000, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Defendant's Response to Plaintiffs Motion for Leave to Amend Caption by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. , 7 BY: /i Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 X61• i` i . V \.i +rrr? Schmidtf V-4ca & Kramer P_C,--?stateStfee` 6..dsbuM Pennsylvanla 17101 Attorneys and Counselors at law 717/ 232-6300 DICKINSON COLLEGE, ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-7630 PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this _ day of 2000, upon consideration of Peter H. Hoffman's Preliminary Objections to Plaintiffs Complaint, it is hereby Ordered and Decreed that: 1. Plaintiffs Complaint is dismissed with prejudice; or in the alternative 2. Plaintiffs Complaint is dismissed with prejudice and the Plaintiff shall file suit in California to obtain Personam Jurisdiction over Peter M. Hoffman; or in the alternative 3. Plaintiffs Complaint is dismissed with prejudice and the Plaintiff shall serve the named Defendant in the above captioned action in accordance with Pa.R.C.P. 404; and 4. Paragraphs 7, 12 (a), and 12 (d) of Plaintiffs Complaint are stricken. The Plaintiff shall specifically plead those facts which it contends give rise to the averments in each paragraph; and 5. Paragraphs 11, 12, 14, 15, and 16 of Plaintiffs Complaint are stricken. The words "reckless" and/or "recklessness" are removed from each paragraph; and 1 ?2 d, eo? 6. The Verification of the Plaintiffs Complaint is stricken. Plaintiff shall have twenty (20) days to file an Amended Verification which conforms with the requirements of Pennsylvania Rule of Civil Procedure 1024; and 7. Service on Cassia Hoffman is set aside. The Plaintiff shall execute service as required by the Pennsylvania Rules of Civil Procedure. 2 ?3 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant l , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7630 JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, and CASSIA A. HOFFMAN, by their attorneys, SCHMIDT, RONCA & KRAMER P.C., and preliminary objects to the Plaintiffs Complaint as follows: 1. MOTION TO STRIKE THE ENTIRE COMPLAINT 1. On December 22, 1999, the Plaintiff, Dickinson College, filed the above caption suit against only Peter M. Hoffman. (See attached as Exhibit "A"). 2. The Caption on the initial filing reads "Dickinson College, Plaintiff v. Peter M. Hoffman, Individually and as Parent and Natural Guardian of Cassia A. Hoffman." 3. Cassia Hoffman is not named on the caption as an individual Defendant or named as a party. 4. The Plaintiff has stipulated that Peter M. Hoffman is not responsible in this case for Cassia Hoffman's conduct and stipulated to remove him as a Defendant. (See attached as Exhibit "B"). a44) 1 .6 e6k, 1011) k, 5. The Plaintiff recently, after being alerted to these Preliminary Objections, filed for leave of court to amend the caption to include Cassia Hoffman as a Defendant. (See Motion attached as Exhibit "C"). 6. In a negligence action, pursuant to 42 Pa.C.S. § 5524, the statute of limitations begins to run on the date of the event, which occurred in this case on February 6, 1998. If a period of two years has expired following the date of event and injury, an action for such injury is barred and cannot be asserted by the representatives of the injured person. Bowden v Philadelphia Wilmington & Baltimore R R Co., 196 Pa. 562, 46 A. 843 (1900). 7. The statute of limitations in this case expired on February 6, 2000. 8. On May 18, 2000, the Plaintiff filed its Complaint with an amended caption that reads "Dickinson College, Timothy Manna and Catherine Manna, Samuel Deitch and Kathy Deitch, Plaintiffs v. Cassia A. Hoffman, Defendant." (See attached as Exhibit "D"). 9. The Plaintiff did not seek permission from the Defendant Peter Hoffman or leave from the Court to amend the caption, nor did it file an amended caption with the Court, prior to filing the Complaint. 10. Plaintiff, by amending the caption of its pleadings, without having obtained either consent of the Defendant or leave of court, has violated Pennsylvania Rule of Civil Procedure 1033, When a party amends a pleading without first seeking the consent of opposing counsel or leave of court, the proper form of objection is a Motion to Strike. Mackey v. Adamski, 286 Pa.Super. 456, 429 A.2d 28 (1981). 11. More importantly, the Plaintiff may not add a new Party to the litigation after the expiration of the applicable statute of limitations. Hoare v. Bell Telephone 2 YD ellft? % A Company of Pennsylvania, 509 Pa. 57, 500 A.2d 1112 (1985); Hamilton v. Bechtel, 441 Pa.Super. 390, 657 A.2d 980 (1995) (Plaintiff could not amend the complaint to substitute the son for the father after the statute of limitations had expired because it would be adding a new a to the litigation). 12. The Plaintiff has incorrectly ruled Cassia Hoffman to file a response to its Complaint. (See Rule attached as Exhibit "E"). 13. The Plaintiff had the opportunity before the statute of limitations ran to discover the identity of the correct party, to properly amend the caption with consent of a G'?•y? the Defendant or through leave of court, or even by filing a new wut o€?a MARS. 14. Peter M. Hoffman and Cassia Hoffman move to strike the Plaintiffs Complaint in its entirety since the defect of suing the improper Defendant and then amending the caption to name a new a after the statute of limitations expired would constitute the introduction of a new party to the litigation. WHEREFORE, Peter M. Hoffman and Cassia Hoffman respectfully request that this Honorable Court strike the Plaintiffs Complaint in its entirety for failing to properly amend the caption within the statute of limitations and dismiss the Plaintiffs Complaint with prejudice. It. MOTION TO DISMISS THE PLAINTIFF'S COMPLAINT DUE TO LACK OF 1. The named Defendant in this action, Peter M. Hoffman, a resident of California, was never served pursuant to Pa.R.C.P. 404 or made an appearance before a ' Peter Hoffman has already been dismissed as a Defendant. Peter M. Hoffman and Cassla Hoffman raises this issue in case the Plaintiff attempts to argue that the dismissal was mistaken. 3 iY % e1 ells court in this Commonwealth, and therefore, the Plaintiff does not have personal jurisdiction over Peter M. Hoffman. 2. Pennsylvania Rule of Civil Procedure 1032 states that Preliminary Objections are the exclusive means by which to raise questions of personal jurisdiction, and failure to so raise question constitutes a waiver of that defense. Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985). 3. Pa.R.C.P. 1032(a) states in pertinent part: A party waives all defenses and objections which are not presented either by preliminary objections, answer or reply, except a defense which is not required to plead under Rule 1030(b), the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensible party, the objection of failure to state a legal defense to a claim and any other nonwaivable defense or objection. 4. The Plaintiff does not have jurisdiction over the Defendant Peter Hoffman. WHEREFORE, Peter M. Hoffman and Cassia Hoffman respectfully request that this Honorable Court dismiss the Plaintiffs Complaint with prejudice forfailing to obtain Jurisdiction overthe named Defendant, Peter M. Hoffman, or, in the alternative, compel the Plaintiff to file suit in California. SERVICE 1. On December 22, 1999, the Plaintiff, Dickinson College, issued a Writ of Summons to serve the named Defendant in this action, Peter M. Hoffman, who resides in California. 2 See footnote Number 1. 4 1 i ew) 2. On January 20, 2000, R. Thomas Kline, Sheriff of Cumberland County, filed a Sheriffs Return stating that he was unable to serve Peter M. Hoffman. (See Exhibit "F"). 3. The Plaintiff has not reissued the Writ of Summons to be served on the Defendant, Peter M. Hoffman. 4. Pennsylvania Rule of Civil Procedure 404 pertains to service outside the Commonwealth. It states in pertinent part: Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ of the filing of the complaint or the reissuance or the reinstatement thereof: (1) by a competent adult in the manner provided by Rule 402(a); (2) by mail in the manner provided in Rule 403; (3) in the manner provided by law of the jurisdiction in which service is made for service in an action in any of its courts of general jurisdiction; 5. The Plaintiff never served Peter Hoffman in a manner pursuant to Rules 402(a), 403, or 404. 6. Peter M. Hoffman and Cassia Hoffman move for a Motion to Dismiss the Plaintiffs Complaint because Peter Hoffman was never served. WHEREFORE, Peter M. Hoffman and Cassia Hoffman respectfully request that this Honorable Court dismiss the Plaintiffs Complaint for failing to serve Peter Hoffman in this action or, in the alternative, compel the Plaintiff to serve the named Defendant, Peter M. Hoffman, in a proper manner pursuant to Pa.R.C.P. 404. 5 ?U r"1 IV. F"s Paragraph 7 of the Plaintiffs Complaint alleges that Cassia Hoffman was negligent for failing to comply with a certain "written college residence hall policy" issued by the Plaintiff, Dickinson College. 2. Paragraph 12 (a) of the Plaintiffs' Complaint alleges that Cassia Hoffman was negligent for acting in "derogation of the rules of the residence hall" issued by the Plaintiff, Dickinson College. Paragraph 12 (d) of the Plaintiffs Complaint alleges that Cassia Hoffman was negligent for "failing to take measures to extinguish the fire and to limit the resultant damage" that was allegedly caused by Cassia Hoffman. 4. Plaintiff did not attach or identify which rules and written policies of the Plaintiff, Dickinson College, that Cassia Hoffman allegedly violated in its Complaint, nor does the Plaintiff identify what measures Cassia Hoffman failed to take to extinguish the fire or in what ways she could have limited the damage. 5. The allegations in Paragraphs 7, 12 (a), and 12 (d), violate the pleading requirements of Pennsylvania Rule of Civil Procedure 1019(h), which states that: A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient to state, together with the reason, and to set forth the substance in writing. This case should be dismissed as argued In Part 1. Peter M. Hoffman and Cassia Hoffman raise this issue in the alternative since all Preliminary Objections should be raised at one time. 0( 10?i " e1 6. Also, the allegations contained in Paragraphs 7, 12 (a), and 12 (d), are merely boilerplate recitations without factual support in the Plaintiffs Complaint to support it. 7. Peter M. Hoffman and Cassia Hoffman will be prejudiced if they are required to defend the case, take discovery, and risk court rulings and motions without being apprised of what written policies and protocols she allegedly violated or how she could have extinguished the fire. 8. Peter M. Hoffman and Cassia Hoffman are also prejudiced because they cannot effectively conduct discovery and depositions without the identity or knowledge of the substance of the supposed written rules and policies she violated. 9. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2) and 1028(a)(3), this Court is empowered to strike from the Complaint, allegations which fail to conform to law or rule of Court or, in the alternative, compel the Plaintiff to more specifically state the facts on which a claim is premised. WHEREFORE, Peter M. Hoffman and Cassia Hoffman respectfully request that this Honorable Court strike Paragraphs 7, 12 (a), and 12 (b) from the Plaintiffs' Complaint or, in the alternative, compel the Plaintiff to specifically plead those facts which it contends give rise to the averments it raises against Cassia Hoffman. 7 q0 V. 1. Paragraphs 11, 12, 14, 15, and 16 of the Plaintiffs Complaint allege that Cassia Hoffman's behavior was "reckless" and that the damage caused by the fire was due to the alleged "recklessness" of Cassia Hoffman. The allegations in Paragraphs 11, 12, 14, 15, and 16 of the Plaintiffs Complaint violates the pleading requirements of Pennsylvania Rule of Civil Procedure 1028 (a)(2), which states that pleadings may be stricken for the failure of a pleading to conform to law or rule of court or for inclusion of scandalous or impertinent nature. 3. An actor's conduct is in "reckless disregard of the safety of another if he intentionally does act or fails to do an act which it is his duty to other to do, knowing or having reason to know of facts which would lead a reasonable man to realize that the actor's conduct not only creates an unreasonable risk of bodily harm to other, but also involves a high degree of probability that substantial harm will result." Turek v. Pennsylvania R. Co., 85 A.2d 845, 369 Pa. 341, cert. denied, 343 U.S. 928 (1952). 4. Recklessness is punitive conduct, and the Plaintiffs Complaint does not aver facts or produce evidence that demonstrates or meets the level of reckless as defined bylaw. 5. As such Paragraphs 11, 12, 14, 15, and 16 of the Plaintiffs Complaint are scandalous and impertinent in nature, and thus, should be stricken from the Plaintiffs Complaint, or in the alternative, the word "reckless" and/or "recklessness" should be deleted from each paragraph. 4 See Footnote Number 3. 8 qt r°1 r°2l? WHEREFORE, Peter M. Hoffman and Cassia Hoffman respectfully request that this Honorable Court strike Paragraphs 11, 12, 14, 15, and 16 or the Plaintiffs Complaint, and require the Plaintiff to conform their pleadings to the law or rule of court. VI. MOTION TO STRIKE THE VERIFICATIONS, 1. Pursuant to Pennsylvania Rule of Civil Procedure 1024, every pleading containing an averment of fact not appearing of record, shall state that the averment pleading is true upon the signor's personal knowledge. 2. Review of the Original Verification attached to the Plaintiffs Complaint reveals that information averred in the Complaint is based upon its personal knowledge of Plaintiffs counsel and "are true to the best of [her] knowledge." 3. The Original Verification fails to identify which facts are known by the Plaintiff and which facts are known by their counsel. 4. Review of the verification attached to the Plaintiffs Complaint reveals that it is not signed by the party, but only by counsel. 5. The verification does not state why the Plaintiff could not verify it. 6. The Verification attached to the Plaintiffs Complaint fails to conform to the requirements of Pennsylvania Rule of Civil Procedure 1024. 7. Peter M. Hoffman and Cassia Hoffman are prejudiced by the nature of the Plaintiffs Complaint in that they cannot determine the source of the facts contained therein. 5 See footnote Number 3. 9 q Z- ' P`1 8. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2), this Court is empowered to strike from a pleading that which does not conform to a lower Rule of Court. WHEREFORE, it is respectfully requested that this Honorable Court strike the Plaintiffs Complaint and require the Plaintiff to substitute a proper and appropriate Verification in accordance with the requirements of the Pennsylvania Rule of Civil Procedure 1024. VII. MOTION TO SET ASIDE ANY SERVICE UPON CASSIA HOFFMAN 1. The Sheriffs return indicates that the reissued Writ of Summons in the case against Peter Hoffman was served upon Cassia Hoffman's roommate. (See attached as Exhibit "G"). 2. The Pennsylvania Rules of Civil Procedure allow a Defendant to be served personally by the Sheriff or by the handing of a copy of the Writ at the residence of the Defendant to an adult member of the family or to an adult in charge of the residence. Pa. R. Civ. P. 402(a)(2)(i). 3. The Pennsylvania Rules of Civil Procedure allow a Defendant to be served by the Sheriff by handing a copy of the Writ to the Clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging. Pa. R.Civ. P. 402(a)(2)(ii). 4. Cassia Hoffman's roommate is not a person authorized to be served under the Pennsylvania Rules of Civil Procedure. The Plaintiff should have served the Defendant individually or upon a person authorized to accept service on the Defendant's behalf. The Defendant also could have made service by certified mail as was done in a 10 93 1 7 J .1C... .ar'aMO4) ... companion case. (See Writ and service information of companion case attached as Exhibit "H"). WHEREFORE, the Peter Hoffman and Cassia Hoffman request that Service on Cassia Hoffman be set aside because the Plaintiff has not made service as required by the Pennsylvania Rules of Civil Procedure. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: 14 A? Scott B. Cooper Attorney I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: August 30, 2000 Attorney for Defendant Peter Hoffman and Cassia Hoffman 11 0 EXHIBIT 1111 6 " i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, No. 99- 130 JURY TRIAL DEMANDED Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. -_ -Writ of summons shall be issued and forward to Attom IShe ' . GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ( Gt / "/ Dated: i Jvl r7 BY: r ----s- Ann Margaret Gra ;b, Esquire Attomey I.D. No. 55986 Attomey for Plaintiff 110 South Northem Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION 60JCJF ? c? c Ell r L; .7 .n ?n v N c? O !L.1 ,' c5 J^ To: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ROTHONOTARY/CLERK, CIVIL DIV Datej)qj?D, L44F Y' DEPUTY I i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. (?9 _ Plaintiff JURY TRIAL DEMANDED n C n ?o •n . Vs. -' ?:: mrrvr o •-) c-) PETER M. HOFFMAN. Individually and as ?- v Parent and Natural Guardian of CASSIA A. HOFFMAN, ?- ;- ? - d :f 5 c c ) - 1m ants Defen PRAECIPE FOR SUMMONS 1 <n TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. Writ of Summons shall be issued and forward t Attome Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 Dated: BYE ri Ann Margare Grab, Esquire Attomey I.D. No. 55986 Attomey for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 2 OTARY/CLERK, CIVIL DIV T HOON ON N / 7 ?QQ f QY_: ?? 0.2'? Date ¢?a? ' a DEPUTY I • q7 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, 0 No. Lrr `'?j Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons'in civil action in the above case. Writ of Summons shall be Issued and forward to ttome Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS /& CCALKKIINS Dated: ?? ?? ? BYtJ[Y%? U ? Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION - r7 1T"• N L .? , , t >? 2 _ To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ?• OTHONOTARY/CLERK, CIVIL DIV Date:?_aa r (449 Y: DEPUTY q 1 041? 04 EXHIBIT "B" qq t /`., r *? DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA ROFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M. ROFFMAN Please discontinue the above-captioned action filed against Peter M. Hoffman, with prejudice. Date: :D Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Ann M. Grab Attorney I.D. #55986 Attorney for Plaintiff. 110 South Northern Way York, PA 17402 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman 209 State Street Date: r/1 3?0? Harrisburg, PA 17101 100 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 4 AND NOW, this G _ of August, 2000, I, Scott B. Cooper, attorney for defendant Peter M. Hoffman, hereby certify that I have served a true and correct copy of the Stipulation to Discontinue Action As To Peter M. Hoffman, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P. C. BY : --- Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman 209 State Street Harrisburg, PA 17101 (717) 232-6300 /C)l EXHIBIT "C" n n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Tenn Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PROPOSED ORDER AND KNOW, to wit, this _day of. 2000, upon consideration of the Plaintiffs Motion for Leave to Amend the caption of the within action, it is hereby ORDERED that leave of court is granted and that the caption may be amended to read as follows, Dickinson College, Plaintiff versus Cassia A. Hoffman, Defendant. f By the Court, Judge 163 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff No. 99-7630 Civil Term JURY TRIAL DEMANDED VS. , PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants MOTION FOR LEAVE TO AMEND CAPTION Plaintiff commenced the within civil action by filing a Praecipe for Writ of Summons in Cumberland County on December 22, 1999. (A true and correct copy of the Writ of Summons is attached hereto, marked Exhibit 1). 2. The caption read Dickinson College versus Peter M. Hoffman, parent and natural guardian of Cassia A. Hoffman and a docket number of 99-7630 Civil Term was assigned. 3. The cause of action arises out of a fire which occurred at Dickinson College on February 6, 1998, for which the Plaintiff believes Cassia A. Hoffman or her guardian, Peter M. Hoffman may have had legal responsibility. 4. The original Writ of Summons could not be served upon Cassia A. Hoffman, and a Praecipe directing the Prothonotary to "Re-issue the Writ of Summons as to Cassia A. Hoffman only" was filed on January 21, 2000. (A true and correct copy of the Praecipe re-issuing the Writ of Summons is attached hereto, marked Exhibit 2). 5. The re-issued Writ of Summons was served by the Cumberland County Sheriff on January 28, 2000 and accepted by an adult, Stephanie Porter, a roommate of Cassia Hoffman. (A true and correct copy of the Sheriff's Return of Service attached hereto, marked Exhibit 3). 104- r, 04"y 6. Thereafter, a Complaint was filed naming as the Defendant only, Cassia A. Hoffman. (A we and correct copy of the Complaint is attached hereto, marked Exhibit 4). 7. Cassia Hoffman was not named individually in the caption on the original Praecipe for Summons or the Praecipe to re-issue the Writ of Summons. 8. At all times relevant to this matter, Cassia Hoffman has been an adult. 9. Despite counsel's failure to name Cassia Hoffman individually in the caption, she was served with the reissued Writ of Summons within the 2 year Statute of Limitations. 10. Receiving no response to the Complaint filed on May 18, 2000, Plaintiff filed a 10 day Notice of Intent to Take Default Judgment which was forwarded only to Cassia Hoffman. 11. Thereafter, contact was made with Scott B. Cooper, Esquire indicating that he had been retained to defend and wanted a Stipulation dismissing the action as it pertained to his client, Peter M. Hoffman. 12. Plaintiffs re-issued writ of Summons was directed solely to Cassia Hoffman because Plaintiff's had determined that a cause of action did not lie in negligence against Peter Hoffman for the actions of his daughter. Plaintiffs counsel agreed to dismiss the case as it pertained to Peter Hoffman, believing that the cause of action against Cassia A. Hoffman remained. 13. The Stipulation prepared by Attomey Cooper and filed with this Court, lists both Cassia Hoffman and Peter Hoffman as Defendants. (A true and correct copy of the Stipulation signed by the parties is attached hereto, marked Exhibit 5). 14. Attorney Cooper advised orally, that he would also be defending Cassia Hoffman. 15. There is no prejudice to Cassia Hoffman in allowing the caption of the case to be amended to reflect that she individually is the sole Defendant. 16. Cassia A. Hoffman's name appears on the original Writ, the re-issued Writ is directed specifically to her, and she was served with the re-issued Writ within the Statue of Limitations. 17. The requested amendment does not add a party or a cause of action. Rather, the Ic)6' /? t N°N n amendment corrects a procedural error in the caption in that cassia Hoffman is not named individually. 18. Pennsylvania Rule of Civil Procedure 126 provides that the Rules shall be liberally construed to secure the just speedy and inexpensive determination of every action or proceeding to which they are applicable. The Court at every stage of any action or proceeding may disregard any error or defective procedure which does not effect the substantial rights of the parties. Pa. R.C.P. § 126 19. Pennsylvania Rule of Civil Procedure 401(b)(2) provides that a Writ may be re-issued or a Complaint reinstated at any time, or in any number of times. A new party Defendant may be named in a re-issued Writ or a reinstated Complaint. Pa. R.C.P. 401(b)(2) 20. Pennsylvania Rule of Civil Procedure 402 provides that original process may be served by handing a copy of the document to an adult person at the Defendant's residence. Pa. R.C.P. 402 21. Finally, Pennsylvania Rule of Civil Procedure 1003 provides for the liberal amendment of pleadings to correct the name of a party. Pa. R.C.P. 1003 22. In as much as Cassia A. Hoffman was listed on the re-issued Writ of Summons and was served with the Writ of Summons within the Statute of Limitations, Plaintiffs request for leave to amend the caption should be granted. WHEREFORE, Plaintiff respectfully requests this Court grant leave to amend the caption of the case to read Dickinson College vs. Cassia A. Hoffman. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS syQ&, )- Ann Margaret brag, Esquire Attorney I.D. #55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 /CYVO F.-.-l CVJ G Y y F Il n ?, p R 167 1 n r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, n n_ No. '700 7 7 l Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN. Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. ?- -Y-Wdt of Summons shall be issued and forward to Attorney GRIFFITH, STRICKLER, LERMAN, SOLY\rMOS & CALKINS Dated: BY:' - l tt•/? / I Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION -) •!? C;7 Y To: Cassia A Hoffman 217 North College Street Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASMAVE COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY/CLERK, CIVIL DIV N DEPUTY 16f '`! I1 p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 49 `?? Plaintiff JURY TRIAL DEMANDED V5. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: y Issue summons in civil action in the above case. Writ of Summons shall be issued and forward t Attome (Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: BY:r(V6/r Ann Maryare Grab, Esquire Attomey I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. OTHONOTARY/CLERK, CIVIL DIV ON Date:?,?a? (44 J?' ?1G ? U2/11:C?? DEPUTY joy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, 7t?d IrGC?C 1?? No. W Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of V - CASSIA A. HOFFMAN, r' Defendants ?': PRAECIPE FOR.SUMMONS -' "? ?• TO THE PROTHONOTARY/CLERK OF SAID COURT- Issue summons in civil action in the above case. X Writ of Summons shall be issued and forward to Attome Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS 8: CALKINS Dated: 12l?0 c;I To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 ti BY. 411 V Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. OTHONOTARY/CLERK, CIVIL DIV Date: 1JGL. oZo?r ?Q?t'J cl3Y: ? 1 DEPUTY 116 ILI r, /11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Plaintiff JURY TRIAL DEMANDED Vs. PETER M. HOFFMAN, Individually and as (y Parent and Natural Guardian of c; c, CASSIA A. HOFFMAN, -j Defendants PRAECIPE y Please re-issue the Writ of Summons issued in the above-captioned matter on Decembe?K22, r 1999 as to Cassia A. Hoffman only. DATED: JANUARY 21, 2000 GRIFFITH, STRICKLER, LERMAN SOLYMOS & C KINS By: I r Alin arga t Grab, Esquire Attorney for Plaintiff Attorney Id. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 K° r"'\ 113 AUG 16 2E)OU 1t,: D't FK curtntKU?r w w ones r rr t i r ever =D t l u v r.r r., r o_, CASE No 1999-07630 ; COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMEERLPND D=CKINSON COLLEGE VS ROFFMAN PETER M ET AL r . uu rrc Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS (REISSUED was served upon ROFF14AN PETER M PARENT AND NP_T GUARD. CASSIA A HOFFLIA the DEFENDANT at 0019:55 HOURS, on the 28th day of January 2000 KzN1dET GOSSERT_ Sheriff or Deputy Sheriff of at 217 NORTH COLLEGE ST CARLISLE PA 17013 by handing to STEPHANIE PORTER (ADULT ROOMMATE OF CASSIA A. HOFFKAN) a true and attested copv of WRIT OF SUMMONS (REISSUE] together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 3.10 Affidavit .00? -? Surcharge 10.00 R. T ma .' ine .00 31.10 02/01/2000 GRIFFITH, STRIC?CLER & LERAAN Sworn and subscribed to before By'/ . r7? f me this day of Depur/ rr A.D. 'rrothonotary :v:r. TOTAL PAGE.02 x'y !"N /l5 .i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Term TIMOTHY MANNA and CAI-HERINE MANNA, JURY TRIAL DEMANDED SAMUEL DEITCH and KATHY DEITCH, plaintiffs ; Carlisle, PA 170 YOU RAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the earartce p Complaint and notice are served, foregoing pages, you must tape action within nventy 20 days after this personally or y attorney and filing in writing with the Court Your you fail to do so a cos entering a wr tten defenses or objections to the claims sec forth against you. You are warned that if by ud ent may be entered against yo eliu by the Court without further notice may n the Complat or for any for y proceed money clawed withautyou an d a j groin oher claim or ref requested the plaintiff. YOU OR OTHER RIGHTS IMPORTANT TO by an YOU. MAY LOSE MONEY app OR PROPERTY YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT SE FORTH FLOW TD FINDR OUT WHERE YOU CAN GET EGALOHELPLEPHONETHE OFFICE t; u :> VS. C, CASSIA A.HOFFMAN, " Defendant ; . NOTICE TO DEFEND ? e TO: 217 North College 13 ,pr?+sylyyniy-Lawyern'?fe? -? ?...._-e lJ//?I -Lmhol as 4 13Cc/ ?' ?SGC lct?(sYt a uh-J- y ,?(je11cC? GurhSrc- PIA, 1-7t) 717- A 4-"1- 311,'4- dr 1_g-00 -- o1q O- el (elf GRIFFITH, STRICKLER, LERMAN, SGL OS & CALKINS BY: ANN MARGARETGRAI3/ESQT) IRE Attorney for PLAINTIFF Supreme Court I.D. k 55986 110 South Northern Way York, Pennsylvania 17402 Date: Telephone: (717) 757.76 7602 ®:r: #7 ' ? I A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted dap defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dlas a partir do la fecha en que recibio la demands y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defrenda, el caso puede proceder sin usted y la Corte puede decid'u en su contra sin mas aviso o notification por cualquier dinero reclamado en la demands o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLE VE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 TOM= (800) 692-7375 /I i - I?tt•arA® 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, plaintiffs No. 99-7630 Civil Tenn JURY TRIAL DEMANDED VS. CASSIA A. HOFFMAN, Defendant .COMPLAINT Plaintiff is Dickinson College, a Liberal Arcs College located in Carlisle, Pennsylvania, 17013-2896. 2, Plaintiffs, Timothy and Catherine Manna, are adult individuals, currently residing at 326 Old White Horse Pike, Waterford, New Jersey, 08089, who, at all times relevant hereto, had a daughter, NJeki Manna, who was a student at Dickinson College and a resident of McKenney Hall. 3, Plaintiffs, Samuel and Kathy Deitch, are adult individuals who currently reside at 175 Limekiln Road, Carlisle, Pennsylvania 17013.9487, and have a daughter who was, at all times relevant hereto, a student at Dickinson college and a resident of McKenney Hall. 4. Defendant, Cassia A. Hoffman, is an adult individual, currently residing at 217 North College Street, Carlisle, Pennsylvania 17013 and formerly a resident of McKenney Hall. 5. On February 6, 1998, Defendant, Cassia A. Hoffman, was a sophomore at Dickinson College. 6, On February 6, 1998 Defendant, Cassia A. Hoffman, resided in a college owned residence hall, McKenney Hall, situated on West High Street, Carlisle, Pennsylvania. 7. On February 6, 1998, at approximately 4:00 a.m., and in violation of written college residence hall policy, Cassia A. Hoffman, lit a candle in her dorm room and fell asleep. I1? 8. On February 6, 1998 , at approximately 6:45 am., Cassia A. Hoffman awoke to find her bed engulfed in flame. 9. Dickinson College's McKenney Hall sustained property damage originating in Suite 20B as the result of the candle having been left unattended by Defendant, Cassia A. Hoffman. 10. Plaintiffs, Timothy and Catherine Manna, and Samuel and Kathy Deitch, sustained damage to personal property as the result of the candle having been let unattended by Defendant, Cassia A. Hoffman. 11. Defendant, Cassia A. Hoffman, was negligent, careless and reckless and her negligence was the direct cause of the fire and resultant property damage sustained by Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch. 12. Defendant, Cassia A. Hoffman, was careless, reckless and negligent in that she: a. lit a candle despite knowing it was in derogation of the rules of the residence hall in which she resided; b. allowed the candle to bum unattended; C. falling asleep with the candle unattended; and d, failing to take measures to extinguish the fire and to limit the resultant damage sustained by Dickinson College, as well as her suite mates. 13. The property damage sustained by Dickinson College and Defendant, Cassia A. Hoffman's suite mates at McKenney Hall was the result of the sole negligence of the Defendant, Cassia A. Hoffman. 14. Dickinson College sustained property damage totaling $33,448.67 as the result of the fire caused by the negligence, carelessness, and recklessness of the Defendant, Cassia A. Hoffman. (A true and correct copy of the swam statement and proof of loss is attached hereto marked "Exhibit A".) 15. Plaintiffs, Timothy and Catherine Manna's, daughter sustained property damage in the amount of $796.25 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of paid invoices are attached hereto marked :I? I. , 1 ? •i • J ??,. 111 "Exhibit B.) 16. Plaintiffs, Samuel and Kathy Deitch's, daughter sustained property damage in the amount of 511133.54 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of invoices representing this damage are attached hereto marked "Exhibit C.) WHEREFORE, Plaintiffs, Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch, demand judgment in their favor and against the Defendants, Peter M Hoffman and Cassia A. Hoffman in the amount of 535,478.46 together with interest and costs of suit. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: I /.()I Ol ril f? / Robert A. Lerman Supreme Court ID No. 07490 Ann Margaret Gra Supreme Court ID No. 55986 Attorneys for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 lx Was INSURANCE I SWORN STATEMENT PROOF OF LOSS ?OUCY PERIOD v IY., i^ i _ s ? T,07%`1Z ?0I ^I AOWT't MAN[! AOORESI Sed5 Lui do :Tpov"a 6109,4. .M, TIME CAUSE AND ORIGIN OF LOSS 1. AND ORIGIN MOW THE BYIL SPECIFICALL AT TIY[ OP TNQ LOf% 2.000UFANCY Cfl CRG ?.' 41 INSURED'114"INIT IN THE PROPZJ TITLE Colccg_ w 4 O k- 3. AND OTHER P NB HAVING INTSPENTI INTEREST . RIGNMY CNAMGEOFINTEREST P ROPITfY SI ¦INCE POLICY WAS INYSU 4.CHANGES TOTAL AMOUNT OF INSURANCE UPON THE PROPERTY TOTAL MORISCO BY THIS POLICY. 5. INSURANCE AT TIME OF LOSS. 10 AS SPECIFIED ' . THEME UNDER SCHEDULE S WAS NO OTHER INSURANCE AT THE TIME Of LOSS f GASH ACTUAL CASH VALUE G. VALUE AT TIME Of LOSE f OSS L WHOLE LOSS AND DAMAGE AA ?? AM IF D AGE AMOUNT AMOUNT CLAIMED UNDER S. CLAIMED THE ABOVE NUMSERED POLICY 0 THIS LOSS DID NOT ORIGITIATQ MY ANY ACT. DESIGN. OR ?ROCUR[M EMT DONE OR COMSENT[D TO ANYTHING THAT WOULD VIOLATE THE CONDITIONS O HEREUNDER AMC THOSE DAMAGED OR DESTROYED BY THIS LOSE. 1 HAVE NOT C AVE SKI ran THE AND TO THE BEST OF MY ABILITY. 1 WILL FURMIIH ANY OTHER THIS PROOF OF LOSE. STATE OF P1/, su?Ap? ? COUNTY OF?^ I iI V t/a.L ?? 40 F i M. CL2 (678) 2 i THE FURNISHING OF THIS BLANK OR THE PREPARATION OF PROOFS BY A REPRESENTATIVE 01 THE ABOVE INSURANCE COMPANY If NOT A WAIVER OF ANY OF ITS RIGHTS. L ON MY PART OR BY ANYONE INSURED BY THIS POLICY. I HAVE NOT F THIS POLICY. THE ONLY ARTICLES FOR WHICH 1 AM MARINO CLAIM ONCEALED ANY PROPERTY NOT DESTROYED NOR WILLFULLY MISLEO TM MY LOSS HEREIN AND IN THE ANNEXED SCMCOULES HONESTLY THAT MAY ¦E REQUIRED AND IT WILL BE CONSIDERED A PART OF r?i In 02/19 '98 16:26 ID:DICK!"•'7N LIl GE FWf:717-245-1899 PAGE 2 DaFa__Z' 13 jib Page No?- sMENTOF C?551U• }}?ffivlaln (Slr1 l?? ?!°I`bti? Kvi IV, Sfie• 20 aN 2l u L ?1vC ?«? IAvt?n wLVSi oFP t unu Su141, %AAA?f I ail tol^ _Slroll,? `5 S AA feed }lniwt Nn?+ rln[,r1 i•tnc & c;IbuC fivp Q< 1 V1 1?l?Ss Ste p 1DO ?2V `wQ vs ?l u?s? ? i'^,s Dln6VNt,ocil • at i'YIIS 51dG VAL ! tVjte W14A.A VM VUTAVIA D Da /I?n ? wGS V- vi Vo At' V••7.8) GWI 'TNG _lav,4tc tIh ev, VV„l salvto 4-tA .'- WQS Via?1{ y,[t+ ?L tM,? klf?! • Ls-it-&X=94 .,? Ile,u•M,ua rlv.ltY?:.4in/kF ?Aik `1'l?ll? FRX:717-245-+899 PRGE 3 02/19 '98 16:2? ID:DICK'"? COLLEGE, ?,me, 4'vnfv? Iei+ Ali 11HQ nvt e?[#ivlqu?S?^ev? tu1;5 v1t I?? w N+ SLt - t" ^p Ve ack -t1AG VMYA R f wb.icn pl + KV. I AviJ6 y,?l 44AL dCG[t?CA ti8k •b OPCh •t+InG dO?V• +-1nl_ •JL t, cloov was I,, D+ a l?t9 +'?1G ?'ac? •Wla+ aif vln K ,?k was yp svlnav Co4jAtV 1 /l l tln P uwy+ ?I cw?? .. L d e. p +-• u?c avt I+ WAA-4 Sit ! wont .t, call 41Af- fi Y S -4 B. '}1'll- 5G ?utttL? SGewtCd i,, bf_ Wta+ 54 Il;,ty ltrr •4- stav't'eA aHd - it 4 R?e about- 1D v,1iv+3 afttV tY?t lvc IV4 abcu? IS. Zo W44t& -tS affity wu2 f vu 1 +1nt ?Gyvt- t pVv%?to'l Wnv+? o?tsldc W,e S"Mt.I .fit ?Yt ?'? teat. 1 wd Llc?l. os? I o? Hn? voowl S0 t° katC .; s coidvl -w1t wl?dov? 1+ W? aS if IV' MI- vi . fV•b t0 w AS \h SkG W S V°LIGINg1 "aloocv, au/ul FDY Q ?1 t dlIlVt -te ?,jVAP Dµ} 6F Ili a' tnlVt y?U Stn?VeV? / } 1 1oy0t?q kV " vaa.ltG vuoWl0.1 t. oSs?s to V< ?1"w SGeV?? ??^"{ p1 I" 1 N^l? IC vtallBG o llnl StfixR'l70?nr 6 V Wos .5+'Lvt\"9 ?° 4M1- SlduAt'lDN wI+1nL 6vt A+ yv?;s pol?t+ if -Y?vD N-bLA. ah 1v` ".oW,hQ5 1 J- IvI? w0.s a (bk aS 1 dLI1 A '1- vo IcvtoW J• VIIn lintl?l ,aS dus- S?' ` 11wtia+ H'Id ppeHCe<, 1 bvo" to0.LIG Sb W.e Wtlnd- .A. Inny y 0 °VVU it I 1 yy?? iAS .t'v + M Was bukln t- a VILW WtIA.+ -'D 4'1^ harp ifia l 1ne cou UL \Q4 tveat'td aS `}'k4e_ fiYe . V14 Vtcllia VQ$poh01 +0 \10-V10%,43 p_uPS}?D1nS t]b°?l-t' . vm vt v, G Saw 4v 04- a o &mk dvevt •T) 41AC tw1EVgJmkj I ?J,r„e? ?eati?aA I?a+ 1 tad VaVIDVE b-LZI-, avv1k Mus WAS wledj' I CLH4WO.ln+• •• Mcl?ca- 'EIJ?p Jb I P vcovlnatCS. u w I Inti? uWI[V' ?v\ W tut ?nL 1 tv 6 to vv?t I (,gQpvoa•) dlt. 1 fill aSIGtP 0.vid• wotcG vp 7-0 IVI i 1 lit -Aje Cav w11St0.1cL aY? 1 Y ll?t +t'ai- .tts to..--rv -to fivr, . l vQO.tcxt M4 ? VG V2S ov?SlblG . ?'? S?,LvVIS -k1?a't' SV<GlA 0. Vv?lSt?? ? 1S f lp bcca 4w a,N,azivl9 cafinslvo ?c • I ; ??dld Hbf Lt e( Nd` aJl- INaive?lly b? +'V\Ns vt pov+ ?'` t CMA ib ^ bV.v vl wL`I 1043 - 1 d ?d o\v -1->n 1 s Inaj'prv,. du,Mar e. OL i V%AS ?iv.1jAf) A , buvv,? ?esw°.y o•V1 of vv` v°oVVta?c s b. ? vlnaktS' b.Glutn lvt S i l lqa r?l Ino WWN 9VIA9?{ V'oowt I ov da e }1nC W.AAt -YMt, 5vot? I f'oV _OAt $ itncidttn}- l MAA •V4V.G11 aG?j o.Gtln-t? -b S u?i t':2. 24 • 03/04/199.9, 18:25 60976721; LOGICAL SOLUTIONS INTEfPIKE NAL, INC. 288 WHITE HORSE PIKE ATCO, NJ 08004 (609) 753.1700 Crane Service, Tnc. 30 •Old• White. Horse Pike tAmoneord NJ '08089. YY PAGE 02 INVOICE Date: 03/01 /99 Inv.Nc-: 14113 Due Oats: 03/01/99 page No- 1 .. . ,:. .•. I iW / OUR'/•: ... •.?' REP-...i Upon Receipt Le=a=k aptra'.E+ Laser Printer eicht/insurance -f-j Nyp 441" 44 cN R A 2-% Penalty will be assessed unless payment is received within 30 Days of the Invoice Date. NET TO PAY 374.99 22.09 397.08 397.08 1-,/ 14e? cAlsetvlces'lne ?leest° . ?eiPA17a?3 11t Dace a ?g.153 -1 -, poll J?5 51---- 1 1 J Yy ?- uL SOS1?L1'v' tjOtALSPE?' ' _ BS0,10 cce?ted tT. p .. A X 5 _;? RESTORATION, INC. P.O. Box 9 12 Stover Drive Cadisle, PA 17013 TO (717) 249-7052 Mr. Robert Edwards Erie Insurance P.O. Box 302 Dillsburg, PA 17019 TERMS. Net 10 Days INVOICE N®. 0862 QUANTITY DESCRIPTION PRICE AMOUNT Final billing for all labor and material necessary to clean electronics. Total Due 596. 5 CC: Mr. 6 Mrs. Sam Deitch 175 Limekiln Road Carlisle, PA 17013 THANK YOU y?+::. '!-Slid •- .,.: ..' 535 .. ?i?149.705Z i WorkOrdvNe. P )ob cuarzeto Address ork ' i . .tw ... t'•r? t tariisle, PA 17013 r S'(OTAL u icztors, Inc. Metal (ab ices, Inc- pkchanid serv j RcytoMtion, Inc- -f^ l9 y? Date Zip rl a: 1-' Jf,'tOTALMAftAL C 7pSAL 51 Material labor focal 8 5pecial'rotal C GRANQ-TOTAL Tax TOTAL OUE S S Ste" M OI O FaV?h.n•43' ? xwa tn? •,,:. 3 's'.`oo Y ?'+ F .,•,? ?. ? Z ???;?i?i ?`,?,7,y ''~ 'f? .8pj? :&_?h^u` xQ?'eTky ?'?"": ?a?a?•?7 ,? y??."'% ?,?? c O Z E E 0° U cr w c 0 Com uj [a mE C O°i Ill i ?+ C . Nm L ~ $ N? m 3 L 9 d ? 7m UO Oo C? Zm O c? Om C Z mr m m ' W . .. m O •E'O pm m >0 ? W2> m rr u V? a -- Q2 E o? a arr M. CL z O I N a as O j o "s C13 wo W-. w n 9-. Z' =m Um W U i CL k!rD O 40 J? i . i i M ` L 8 w `a Q e O . 5 ?I 2Pt V »? SE Z p e N .K ?Y L? e ` •jv` . f iI a-T . e. 5 C c CJ G ° 3 9 O ? wa a ,{? e E OF '? : E 3? ? L wt J a r v tPOIN 1 77 :/h/9 s7 ems, 30 ,a s 1 iV e a f ff i. . i. VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verify that I am the attorney of record for the pleading parry herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATE: HY: ANN Md GA 5T GRAB Supreme Court I.D. No. 55986 Attorneys for Plaintiff I10 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 I. :i 131 rA? 4 . • . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs V5. CASSIA A. HOFFMAN, Defendant No. 99-7630 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /104k, day of?1 Y 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SO YMMOS & CALKINS, hereby cert ify that I have this date served a copy of Plaintiffs Complaint by United States Mail, addressed to the party or attorney of record as follows: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 iML/dickin.cmp Randy Sunshine, Esquire Liner Yankelevitz Sunshine Weinhart & Regenstreif LLP 3130 Wilshire Boulevard, Suite 200 Santa Monica, CA 90403-2300 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By:IG(?C-i /-2? Ann Margaret Grab Supreme Court ID No. 55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 pw? Pll, . M. .', , . 133 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants P =a ?, „. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M.. HOFFMAN Please discontinue the above-captioned action filed against. Peter M. Hoffman,( with prejudice. ?J Respectfully submitted;. GRIFFITH, STRICKLER, LERMAN, . SOLYMOS & CALKINS By: Ann M. Grab / Attorney I.D. #55986 Attorney for Plaintiff. p 110 South Northern Way bate: : 0l (IUD York, PA 17402 SCHMIDT, ROONNCA J6 KRAMER, P.C. By: .Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman .209 State Street Date: Harrisburg, PA 17101 /4- -0i g, CIiRTIFICA'I'1: AND 'I'IZANS'i%1n•1'"1'A1. OF RECORDS UNDER PENNSYLVANIA RULE Oh APPF.LLA'I'E PROCEDURE 1931 (1 To the Prothonotary ol'the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, Wally on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DICKINSON COLLEGE V, CASSIA A. HOFFMAN No. 99-7630 CIVIL TERM 860 MDA 2001 The documents comprising the record have been numbered from No. I to 326, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 6-4-0 1 An additional cop}- of this certificate is acknowledEina receipt of this record. Date 6r? Cu as R. Long, P otl onotary ry Jane 1-1. Sparling, Dpty. losed. Please sign and date Signature & Title em?%' Among the Records and Pnxeedings enrolled in the court of Common Plces in and for the Commnmccnhh of Pennsylv;utia CUMBERLAND in the county of 860 mDA 2001 is contained the following: to No. 99-7630 CIVIL Term. 19 pOCKGT FNTRY COPY 01: COMPLE DICKINSON COLLEGE V. CASSIA A. HOFFMAN SEE ATTACHED CERTIFIED DOCKET ENTRIES. ¦ Conini mvealth of Pennsylvania County of Cumberland plaintiff and cassia A. o rman Defendant , as the same a ?in ecord before the said Court at No, of civil Term, A.D. 19-. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 4th day, of June A. D, ?QOl ?C < Wit.(/-•?g- _ I' nihonntary George E. Hoffer ' Tllsidcnt .ludge of the Nrl`T[Xt}7?? ,Judicial District, composed o(the County of Cumberland, do certify that Curtis R. Long by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thcrcunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at thetime of sodoing,and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record. certificate and attestation are in due form of law and made by the c ff er Pr ident Commonwealth It F1 I Commomvcalth of Pennsylvania County of Cumberland ss: 1. Curt-iq R. Long , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable C;eorge E. Hoffer. P.J. by whom the foregoing attestation was made.;md who has thcrcunto subscribed his name, was, at the time of making thereof. and still is President.ludge of the Court of Common Pleas. Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified: to all whose acts as such full faith and credit are and ought to be given. ;a well in Courts of judicature as elsewhere. IN TESTIMONY Will ItEOF, I have hercuntc set my hand and affixed the seal of said Court thi! 4th' day of June A.D.3901 I Curtis R. Long Prothonotary of the Court of Common Pleas in and for said County. (to hereby certify that the foregoing is a full, tr??'ue and corrddectc}}o??py of the whole record of the ebick`inson1CCOlfege PAGE ND. 1-3 4 5-6 7 8 - 28 29 - 31 32 - 33 35 - 68 69 - 70 71 - 81 PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL 1 °t Reference No..: Case Type.....: WRIT OF SUMMONS Jud e t Filed........: Time.. ......: 12/22/1999 7 1 18 gm n ..... .00 Judge Assigned: , Execution Date , : 0/00/0000 Disposed Desc.: ------------ Case Comments ----- Jury Trial.... Disposed Date. -------- Hi 0/0010000 gher Crt 1.: 860 MD 200 Higher Crt 2.: General Index Attorney Info DICKINSON COLLEGE HOFFMAN CASSIA A PLAINTIFF GRAB ANN MARGARET 217 NORTH COLLEGE STREET DEFENDANT CARLISLE PA 17013 Judgment Index DICKINSON COLLEGE Amount Date Desc 4/20/2001 PRAECIPE JUDGMENT **,f,r**#**#*#*****#*+t**##*#***#***#****##*+******#**#*****#**#*##****#**+s * Date Entries 12/22/1999 1/20/2000 1/21/2000 2/01/2000 5/18/2000 8/02/2000 8/07/2000 8/28/2000 9/01/2000 9/01/2000 82 -157 9/01/2000 34 8/31/2000 158 - 160 9/06/2000 .161- 165 9/21/2000 166 - 174 10/11/2000 175 - 184 11/21/2000 - - - - FIRST ENTRY PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED ---------------------- ----------------------------------- SHERIFF'S RETURN FILED ---- ------ LitiGant.: HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN SERVED : NOT FOUND Costs....: $40.30 Pd By: GRIFFITH, STRICKLER, LERMAN 01/20/2000 -------------------------------------- PRAECIPE TO REISSUE WRIT OF SUMMONS ON CASSIA A HOFFMAN ONLY BY ANN MARGARET GRAB ESQ ------------------------------------------------------- SHERcI?FF'S RETURN FILED ---"-------- Costs.... -$?I.100PP(RBY; GRIIT OF SUOS) FFIITH, CASSIA A ---------- ------------------------------------------------------- COMPLAINT ------------------------------------------------------------------- IMPORTANT NOTICE FILED ---- --------------------- STIPULATION TO DISCONTINUE ACTION AS PETER -- PETER M HOFFMAN -------------------------------- MOTION FOR LEAVE TO AMEND CAPTION ---" --------------------------------------------------- ------- --- RECI FOR LISTING CASE FOR ARGUMENT - DEFENDNATS PRELIMINARY INARY OBJECTIONS TO PLAINTFF'S COMPLAINT - BY SCOTT COTT B B COOPER ESQ ----------------------------- __ -------------------- DEFENDANT'S RESPONSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND CAPTION ------------------------------------ DEFENDANT'S PRELIMINARY /OBJ/ECTIONS TO PLAINTIFFS COMPLAINT AMENDS- GRANTED PLFFS COLLEGEOPLFF VS CASSIA 7 HOFFMAN DEFT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/1/00 --------------------- CIPE TO ATTACH AFFIDAVIT OF CASSIA A HOFFMAN TO DEFTS P RLIMINARY OBJECTIONS TOPLFFS COMPLAINT BY SCOTT B COOPER ESQ ------------------------------------------------------------------- MOTION FORCOURT LEAVE TO AMTED END SHALL BENHEARDATTACHED THE SAILETTER TIME PASFDEFTS PRELIMINARY OBJECTIONS TO PLFFS COMPALINT ON 10/11M00 AT ARGUMENT COURT -------------------------------- DEFENDANT'S REPLY BREIF IN SUPPORT OF PRELIMINARY OBJECTIONS - BY SCOTT B COOPER ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 11 20 00 - IN RE PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT AND PLF?S MOTION OT AMEND THE CAPTION OF e?) e2?4, PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry PACE ND. 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Filed.....,,.: 12/22/1999 Case Type ..... : WRIT OF SUMMONS Time. 1,1 • 18 Judgment .00 Execution Date 0/00/0000 Jude Assigned' Jury Trial..,. Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Hig9gher Crt 1.: 960 MDA 2001 COMPLAINT -PRELIMINARY OBJECTIONS OF DEFTH E DISMISSED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/21/00 - CAPTION IS AMENDED TO READ DICKINSON COLLEGE, PLAINTIFF V. CASSIA A. IIOFF?yAN, DEFENDANT - BY THE COURT EDGAR B BAYLEY J COPIES 11/21/00 ------------------------- _ ----------------------------------------- PRAECIPE TO SUBSTITUTE VERIFICATION OF PLAINTIFFS COUNSEL TO THE COMPLAINT - BY ANN MARGARET GRAB ESQ -------- _ _ _ _ _ ____ DEFENDANT'S ANSWER TO COMPLAINT INCLUDING NEW MATTER - BY SCOTT B COOPER ESQ ATTY FOR DEFT ------------------------------------------ REPLY TO NEW MATTER - BY ANN MARGARET GRAB ESQ ATTY FOR PLFF --------------------------------- P RAECIPE TO SUBSTITUTE VERIFICATION - BY ANN MARGARET GRAB ES Q ------------------------------------------------------------------- HO FMANS MOTIONSFORGSUCASE FOR MMARY JUDGMENTNT BY DEFENDANT BTCOOPER CASSIA A DEFT ------------------------------------------------------------------- DEFENDANT'S CASSIA A HOFFMAN'S MOTION FOR SUMMARY JUDGMENT - BY SCOTT B COOPER ESQ FOR DEFT --------------------- ____ _ ------------------------- PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY ANN MARGARET GRAB ESQ FOR PLFF ---------------------------- __ -- ORDER OF COURT - DATED 4/11/01 - IN RE MOTION OF DEFENDANT FOR SUMMARY JUDGMENT - GRANTED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 4/12/01 --------------------- _ __ ___ ------------------------------- PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED NOTICE MAILED ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM THE ORDER ENTERED 4/11/01 - BY ANN MARGARET GRAB ATTY FOR PLFF ------------------------------------ SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO It 860 MDA 2001 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 185 - 188 12/05/2000 189 - 232 1211212000 233 - 238 12/21/2000 239 - 242 1/05/2001 243 - 244 3/08/2001 245 - 268 3/08/2001 269 - 312 3/19/2001 313 - 316 4/12/2001 317 - 318 4/20/2001 319 - 324 5/10/2001 325 - 326 5/31/2001 +#x*#x*r+***x*x*xx*#**#*#****xxxx*#xxx*xxx**x#*xx++xxxx*#*xxxx*++++*x****x.t* * *xx * Escrow Information * Fees & Debits Bexq Bal Pmts/Add End Bal x +xxx+xxx+**+xxxx#*xx**xxx**x*xxx xxx+xxxx +xxxx* xxx*x**xx*#*xx+++#x*#+xxx * ** *## WRIT OF SUMMONS TAX ON WRIT 35.00 35.00 .00 ENT J T 5.00 5.0 . 0 CP FEE JDMT 5.00 0 0 0 9.00 --------------- 0 9. -- .00 54.50 ------- --- 54.50 ------ .00 * End *of+Case#Information *#*##***#+#*****#***#**#*+xx***xx*+#xxxx*x*#x*#x#*xx#**#*#**#*+**+**r+x,tx * * ** TRUE WPY FROM RECORD In Testimony whereof, I here unto set my hand a10;21 Of said ;" at Carlisle Ira 1 o - vl DICKINSON COLLEGE, Plaintiff v. PETER M. HOFF14AN and CASSIA HOFFMAN, Defendants to's t.j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 . i CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 4 AND NOW, this G of August, 2000, I, Scott B. Cooper, attorney for defendant Peter M. Hoffman, hereby certify that I have served a true and correct copy of the Stipulation to Discontinue Action As To Peter M. Hoffman, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M.' Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman 209 State Street Harrisburg, PA 17101 (717) 232-6300 1 ' )36- 1 1 e 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Tenn Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants CERTIFICATE OF SERVICE AND NOW, thisri?Y day of August, 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, L7E?RMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion for Leave to Amend Caption by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALMS Ann Margaret Grab, squire Supreme CourtID o. 55986 13 ? EXHIBIT "D" /3? w? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, No. 99-7630 Civil Term JURY TRIAL DEMANDED Plaintiffs VS. CASSIA A. HOFFMAN, Defendant NOTICE TO DEFEND TO: CASSIA M. HOFFMAN 217 North College Street Carlisle, PA 17013 0 t- 'O ru Z' ?'r C! L. s-U YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. e 4k&.7BDrt9G 44ffrffMff9,-PX-r " o? "" ,4t)'Cyccf- earh to PA 1-7e)l3 717- o4q- 3t te4 or i-fir,-ofq () -q (ei r l.t-Lri'(?l.¢Y?IGK? ? F3AY ?35GC-lcc?trvt a.waQ E: tI CZ) O C) „ TjM ^O t= t j U n 13f . M Date: ?'0!5/1w/0J GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ANN MARGARET GRA , ESQ Attorney for PLAINTIFF Supreme Court I.D. # 55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 +... AVISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dlas a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defenses o sus objeciones a ]as demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede deeidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demands o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRTfA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 Teldfono: (800) 692-7375 I? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and No. 99-7630 Civil Term CATHERINE MANNA, SAMUEL DEITCH and JURY TRIAL DEMANDED KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant COMPLAINT 1. Plaintiff is Dickinson College, a Liberal Arts College located in Carlisle, Pennsylvania, 17013-2896. 2. Plaintiffs, Timothy and Catherine Manna, are adult individuals, currently residing at 326 Old White Horse Pike, Waterford, New Jersey, 08089, who, at all times relevant hereto, had a daughter, Nicki Manna, who was a student at Dickinson College and a resident of McKenney Hall. 3. Plaintiffs, Samuel and Kathy Deitch, are adult individuals who currently reside at 175 Limekiln Road, Carlisle, Pennsylvania 17013-9487, and have a daughter who was, at all times relevant hereto, a student at Dickinson College and a resident of McKenney Hall. 4. Defendant, Cassia A. Hoffinan, is an adult individual, currently residing at 217 North College Street, Carlisle, Pennsylvania 17013 and formerly a resident of McKenney Hall. 5. On February 6, 1998, Defendant, Cassia A. Hoffman, was a sophomore at Dickinson College. 6. On February 6, 1998 Defendant, Cassia A. Hoffman, resided in a college owned i residence hall, McKenney Hall, situated on West High Street, Carlisle, Pennsylvania. 7. On February 6, 1998, at approximately 4:00 a.m., and in violation of written college residence hall policy, Cassia A. Hoffman, lit a candle in her dorm room and fell asleep. /? ! kll V' 8. On February 6, 1998 , at approximately 6:45 a.m., Cassia A. Hoffman awoke to find her bed engulfed in flame. 9. Dickinson College's McKenney Hall sustained property damage originating in Suite 20B as the result of the candle having been left unattended by Defendant, Cassia A. Hoffman. 10. Plaintiffs, Timothy and Catherine Manna, and Samuel and Kathy Deitch, sustained damage to personal property as the result of the candle having been let unattended by Defendant, Cassia A. Hoffman. 11. . Defendant, Cassia A. Hoffman, was negligent, careless and reckless and her negligence was the direct cause of the five and resultant property damage sustained by Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch. 12. Defendant, Cassia A. Hoffman, was careless, reckless and negligent in that she: a. lit a candle despite knowing it was in derogation of the rules of the residence hall in which she resided; b. allowed the candle to bum unattended; C. falling asleep with the candle unattended; and d. failing to take measures to extinguish the fire and to limit the resultant damage sustained by Dickinson College, as well as her suite mates. 13. The property damage sustained by Dickinson College and Defendant, Cassia A. Hoffman's suite mates at McKenney Hall was the result of the sole negligence of the Defendant, Cassia A. Hoffinan. 14. Dickinson College sustained property damage totaling $33,448.67 as the result of the ' fine caused by the negligence, carelessness, and recklessness of the Defendant, Cassia A. Hoffman. (A true and correct copy of the sworn statement and proof of loss is attached hereto marked "Exhibit A".) 15. Plaintiffs, Timothy and Catherine Manna's, daughter sustained property damage in the amount of 5796.25 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of paid invoices are attached hereto marked "Exhibit B.) 16. Plaintiffs, Samuel and Kathy Deitch's, daughter sustained property damage in the amount of 51,233.54 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of invoices representing this damage are attached hereto marked "Exhibit C.) WHEREFORE, Plaintiffs, Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch, demand judgment in their favor and against the Defendants, Peter M Hoffman and Cassia A. Hoffman in the amount of $35,478.46 together with interest and costs of suit. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ,=X/ _)20kL? Robert A. Lerman ` Supreme Court ID No. 07490 Ann Margaret GralJFJ Supreme Court 1D No. 55986 Attorneys for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 =% r"°s ?r :l i n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, No. 99-7630 Civil Tenn SAMUEL DEITCH and KATHY DEITCH, JURY TRIAL DEMANDED Plaintiffs VS. CASSIA A. HOFFMAN, Defendant NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 DATE OF NOTICE: August 1, 2000 IMPORTANT NOTICE: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County gar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 GRIFFITH, STRICK:LER, LERMAN, SOLYMOS & CALKINS BY: Ann Marg et Gra , Esquire Attomey for Plaintiffs' Supreme Court l.D.#55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757_7602 /w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and No. 99-7630 Civil Tenn CATHERINE MANNA, SAMUEL DEITCH and JURY TRIAL DEMANDED KATHY DEITCH, Plaintiffs vs. CASSIA A. HOFFMAN, Defendant CERTIFICATE OF SERVICE AND NOW, this 1st day of August, 2000, 1, Ann Margaret Grab, a member of the rum of GlUFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Enter Default Judgment by United States Mail and Certified Mail, addressed to the party or attorney of record as follows: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 GRIFFITH, ST'RICKLER, LERMAN, SOLYMOS &<ALKINS L ? Ann Margaret Grab, quire Supreme Court ID No. 55986 110 South Northem Way York, Pennsylvania 17402 (717) 757-7602 r°is EXHIBIT "F CASE NO:. 1999-07? 0O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HOFFMAN PETER M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN but was unable to locate Her. in his bailiwick He therefore returns the WRIT OF SUMMONS , , NOT FOUND. , as to the within named DEFENDANT HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN DEFENDANT COULD NOT BE SERVED PRIOR TO EXP. DATE LEFT NO FORWARDING, 12 ATTEMPTS MADE FOR SERVICE. Sheriff's Costs: So an ers Docketing 18.00 Service 9.30 Not Found Return 5.00. .• -Thomas.?Kline Surcharge 8.00 Sheriff of Cumberland County .00 40.30 GRIFFITH, STRICKI ER, LERMAN 01/20/2000 Sworn and subscribed to before me this day of A. D. Prothonotary I ? Im CASE NOd. 1999-07630 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HOFFMAN PETER M ET AL KENNET:-- GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pensylvaria, who being duly sworn according to law, says, the within WRIT OF SUMMONS (REISSUED was served upon HOFFMAN PETER M PARENT AND NP_T GUARD. CASSIA A HOFFMAN the DEFENDANT at 0019:55 HOURS, on the 28th day of January 2000 at 217 NORTH COLLEGE ST CARLISLE PA 17013 by handing to STEP_-iANIE PORTER (ADULT ROOMMATE OF CASSIA A. HOPL^MAN) a true and attested cony of WRIT OF SUMMONS (REISSUED together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 3.10 5?? ?. Affidavit .00 Surcharge 10.00 R. T ma. ine .00 31.10 02/01/2000 GRIFFITH, STRICKLER & LE1%VD J Sworn and Subscribed to before B%: me this day of Depuri r. A.D. Prothonotary X56 :r.•x. TOTAL PACE.02 w-* ,I EXHIBIT "Hto l5? \ •2 • 14:44 ^\ CIPEVISI /SEVEN ARTS P.09 MARTHA KOVAL 26 COE DRIVE COLUMBIA, PA 17512.2223 CHARLES C. and LOR87TA MATSKO 1801 FRIAR TUCK DROVE N. HUNTINGDON, PA JAMES T. and FERN Q. SKELLY 107 BROOKMgADOW ROAD WILMINGTON, DE PROTHONOTARY OP SAID COURT. Pleas' issue writ of summons in the above-captioned action. CASSIA HOFFMAN 9051 ORIOLE STREET LOS ANGELES, CA 90067 PETER HOFFMAN vs 9051 RIOLE STREET LOS ANGELES, CA 90067 Plaintiff(s) & Address(es) Defendant(s), km) Address(es) A?CIPE FOR wui r.,.. --- - TO PB THE .X BarrY A. Kronthal Esquire MARGOLIS EDaSTEIN 3510 Ttindle Road Camp Bill, PA 17011 (717) 975-8114 Sheriff of Attorney Supreme Court I.D. No. 55672 N?dAddressJTelephoae No. OfAttorney TO THE ABOVE-NAMED DEFBND Nr O SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PL COMMENCED AN ACTION AGAINST U. CI AINI7FF(S) HAS, DATE; FehMj 4 n .1 r() Writ of Summons shell be issued and forwarded to IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA ,,??\ No. 20c K J Civil Acpon ( ) Equity X61 M-27=2060 14:42 jQ EVISI0Wz/SEVEN ARTS Barry A. Kroathat, Esquire MAROOUS EDELSTEJN P. O. Box 932 ttmrisburg, PA 17108-0932 3510 Trindle Road Comp Hill, PA 17011 Telephone: (717).975-8114 Facsimile: (717) 975-8124 MARTHA KOWAL. CHARLES C. LORETTA MATSKO, and JAMES T. and FERN O. SKELLY, Plaintiffs V. No. 444 S 2000 CIVIL ACTION - LAW CASSIA and PETER HOFFMAN, Defendants PRAECIPE TO THE PROTHONOTARY OF DAUPHIN COUNTY. Kindly file of record the attached Proofs of Service by Certified Mail, of the PRAECIPE FOR WRIT OF SUMMONS, which was filed on February 4, 2000, and served on the date reflected in the attached Certificate of Service. DATE: March 15, 2000 Attorneys for Plaintiffs /53• r""1 'P. 03 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA Attorney I.D. #55672 P. O. Box 932 Harrisburg, PA 17108-0932 (717)97S.8114 MAR-27-2000 14:43 CUt ISIl71? ARTS em`% • P. 04 CERTIFIGATFOF cF1a[??? 1, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing Praecipe upon all parties of record this 15th day of March, 2000, by placing the same in the United States First Class Mail, postage prepaid, at Camp [mil, Pennsylvania, addressed as follows: Peter Hoffman 9051 oriole Street Los Angeles, CA 90067 Cassia Hoffman 9051 Oriole Street Los Angeles, CA 90067 Beulah Rusko, Secretary?- 15?- ®lIII?Fl1 ? 43 Vf R-27 2000 W43 C ISIWS/SEVEN ARTS P 095 515 660 Receipt for Certified Mall it NO InaDrenpa Cdveraet PtOvId¦d JCXA= Do not use for International M¦e ?m ?g a? be s.?v n. ! E Y 0 aYtt ?0 rgpY /[ N r: d*d FO. aeeon Delivery Pn x4Yttee D,4r Y.e ro??n.Y.=a oared Ir ?b P?m M Wr*ft% CAW. 1.i0 Aftal TOTAL Ws" eF. $ o J postmark w l)am 4m? 2117100 " SENDER; t atao Wan to reeQve the .C&NAMt¦ent W%ft2k.ad*mrswvn.a ¦ Cry MM M 4a, erldda foudedee aervides (br an .MM1)'Oyfa? r.roamiwan tlr mats of ftsofm so Ital. CIA Men tNS Q)amfee): sprmOp.mma. aWkmf 10tH eat of ft maul, am ow ea*v spiv. does na 1.0 AddmaWs Addt u .Wla.'Reans Haa?YliepaWJ'mbinblbi¦oa Dlfo.MFrde nmeM. 2.0 Rearmed Demmy ¦ dWNWea rot10w{trasewga/gn¦y aAW wsdeaY.redWrama eww. Canelxt postrwter brlee. >S ,(arm/?ts his 9?G7 ? ROVStamd ? express Matt N camw M ?Irwed $t ? COD -dj a s PsFUM3811 ,eat tee, ter. ? F.05 . w? M-?,4-2P00 14:43 ?4NEVISIDZ/SEVEN ARTS 4W2 a? P 095 515 686 Receipt for Certified Mall No Insurance Coverage Provicled dGCd:.A Do not uu for Int•mationtl Mail ISww Rww.ul Wri& ev ?. . euy xA• Pwkp. - - ? . w" rw a uO 7 bemM Di•rrr .n nenk•• Cww he r,=C4= /, Mum wei•a e.0" .;;;;; D-1. en0 ?b 45.8'. A".. a fTAL ebeud s 9 7omnar8 n DAR Davy 47114100 " SENDER: • ernt.nct5xxra.eki4awe,rnaea • Ih•YRntBY.•n0 /D. ?rW btiYW1?L•nM/M OIYYeN an M. T'eliad MlY ?(?IIIWMWa11?/LIm M?f •Aer4tlk MnbtY*ftdpy .>p1eM backs 80400E001 nd The ¦drren.n M?N wwwwo 01 M4rjCmv4t G?*m, 3. MAdkaeeeed to: day AlftlM G9 AN O. . a f1a°eN00 ay. arexnamel a stpnen.e• X PS Form 3fi 1. r.w..ww. 1?k Ia??a?o? Wish ip roe"a:a ...^.^..y iervke$ (kran 0*9 fee): 1. C Addreaeee'a Addrerse 2. E3 Rastricued Delivery Consult t»etrnaeter brfee. 5 Mee sy. w?..,,// &tered b CdOlad ress kiosk Q Msurod o CCD 2 F7.DAIe of ry tiJ mseee9 ADdk evAeldl 'P.06, IR, e'1 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7630 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30th day of August, 2000, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 /0 F n;? ?? ' -- <[ .. ?.. ':"J C.. " c: ?•LI " . V r7 J ?? i ? 1 ?'? r v i Schmidt Roe- A & Kramer PC 209 ° ?P f Haag, PennsyWanla 17101 Attorneys and Counselors at Law 717 / 232.6300 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW V. : NO. 99-7630 PETER M. HOFFMAN, Individually : and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please file the attached Affidavit of Cassia A. Hoffman in the above-captioned action as they are relevant to the Defendant's Preliminary Objections to Plaintiff's Complaint, which were filed on or about August 31, 2000. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By _ Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Peter M. Hoffman and Cassia A. Hoffman /6Y ArFIDAVIT OF CASOZA HOH2'MAN 1 I, CASSIA A. HOFFMAN, was attempted to be been served a Writ of Summons in a Cumberland County action titled Dickinson College v. Peter M. Hoffman, Individuall - Law, 1999. y and as No. 7630, 2. At the time service was attempted on me, which is the case is filed against my father, I was residing at 217 North College Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Stephanie Porter was 9. Stephanie Porter was she a manager of the 5. Stephanie Porter was person in charge to 2 filed against me. a roommate of mine at the time. not in charge of the premises, nor was premises at the time. not authorized as my agent or any accept service on behalf of any claims 6. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. 59909 relating to unsworn falsification to authorities. Date: D 0 C) SWORN and subscribed to before me this ?l0 day i of 2000. S4ur?,uM 7- - C) 40 taanp c037Mo o ?P bli "''cO"'??sw?arnzoro MY COMMISSION EXPIRES: £0'd Lb:£I 0002-SE-90 10 0044 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. : NO. 99-7630 PETER M. HOFFMAN, individually : and as Parent and Natural Guardian of CASSIA A. HOFFMAN, ; Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 1" day of September, 2000, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Praecipe by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17902-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: ( 'f?- Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 /?v ell r°1? DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant NO. 99-7630 CIVIL TERM ORDER OF COURT AND NOW, this 20'h day of September, 2000, upon consideration of the attached letter from Scott B. Cooper, Esq., dated September 7, 2000, the letter from the undersigned judge, dated September 11, 2000, and the letter from Scott B. Cooper, Esq., dated September 15, 2000, it is hereby ordered and decreed that the Order of August 31, 2000, is vacated. The Plaintiff's Motion for Leave to Amend shall be heard at the same time as the Defendant's Preliminary Objections to the Plaintiffs Complaint, on October 11, 2000, at Argument Court. Ann M. Grab, Esq. 110 S. Northern Way York, PA 17402-3737 Attorney for Plaintiff Scott B. Cooper, Esq. 209 State Street Harrisburg, PA 17101 Attorney for Defendant :rc BY THE COURT, J es ley Oler, JC J. \ • ? DU /`1 I 1 _I t.??i OQ SAP 21 P;,i 1:.=19 PENNSYLINNIA 1 J w Schmidt, R nca & Kramer PC 209 State Street I-larriskirg, Pennsylvania 17101 717 / 232.6300 Fax 717 / 232-6467 September 15, 2000 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attorneys mid Counselors at Lau, RE: Dickinson College v. Peter M. Hoffman, et al. No. 99-7630 - Civil Dear Judge Oler: I am in receipt of Your Honor's letter of September 11, 2000. We would request that your Order of August 31, 2000, be vacated and that the Plaintiffs Motion be heard at the same time as the Defendant's Preliminary Objections. Both were listed for argument to occur on October 11,'2000. I have enclosed a proposed Order for your review, along with several copies of the same and a return envelope to my office. I will forward the executed Order to Plaintiffs counsel. Thank you for your consideration. Very truly yours, SCHMIDT, RONCA & KRAMER, P.C. Scott B. Cooper Attorney at Law SBC/ksd Enclosures cc: Ann M. Grab, Esquire (w/encl) su A 5 2006 la l (p ?, rt owk 004 COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY J. WESLEY OLER. JR. JUDGE Scott B. Cooper, Esq. 209 State Street Harrisburg, PA 17101 Dear Mr. Cooper and Ms. Grab: September 11, 2000 Ann M. Grab, Esq. 110 S. Northern Way York, PA 17402-3737 ORE COURTHOUSE SQUARE CARLISLE. PA 17013 (7171240-6530 RE: Dickinson College v. Hoffman, et at 99-7630 Civil Term This will acknowledge receipt of Mr. Cooper's letter dated September 7, 2000, regarding my order of August 31, 2000, granting Plaintiff leave to amend the complaint. Under a local rule in Cumberland County, a motion must be accompanied by an indication of the opposing counsel's position and I mistakenly interpreted Plaintiff's motion as indicating that there was no objection to the motion. I will vacate the order if requested by Mr. Cooper. JWO/JR:r , Sincerely /yours J. Wesley Oler, Jr. FifFf 163 r- It?i September 7, 2000 W Schmidt, Ronca & Kramer PC 209 stare Street 1larrishurg, Pcnnsyl%-ani;i 17101 717 / 232-6300 Pax 717 / 232.6167 Attonrcys rind Cotmselo s at Law The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Dickinson College v. Peter M. Hoffman, et al. No. 99-7630 - Civil Dear Judge Oler: I received a certified copy of your order of August 31, 2000 granting the Plaintiff's Motion for Leave to Amend the Caption. When the Plaintiff's Motion was filed, the Defendant only received a copy of the Motion and a Praecipe listing the Defendants' Motion for Argument for October 11, 2000. I never received a Rule to Show Cause. We filed a response to the Motion for Leave to Amend the Caption on or about August 30, 2000. I am enclosing a copy of our time-stamped Response. At the same time, we filed Preliminary Objections to the Plaintiff's Complaint, as well as a Praecipe listing the Preliminary Objections for the October 11, 2000 Argument. We are not asking, at this time, that the Court reconsider it's decision, since the Defendant believes that the statute of limitations defense can still be raised. However, I just wanted to alert the Court that we did file a response to the Plaintiff's Motion, if the Court was not aware of that, and also, we did not receive a Rule, if one was issued. SAO 1000 4 r-? The Honorable J. Wesley Oler, Jr. September 7, 2000 Page 2 Thank you for your consideration. Very truly yours, L/ SCHMIDT, NCA S KRAMER, P.C. Scott B. Cooper Attorney at Law SBC/ksd Enclosure cc: Ann M. Grab, Esquire (w/o encl) Li /05. N: Schmidt, Roma & Kramer PC :? ' Str= Attomeys and Counselors at law 2- Pennsylvania 17101 717 / 232-6300 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7630 JURY TRIAL DEMANDED DEFENDANT'S REPLY BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS On or about October 5, 2000, the Plaintiff filed a Brief in Response to Defendant's Preliminary Objections to the Complaint. One of the Defendant's Preliminary Objections was that Peter Hoffman was never served with the Writ of Summons. The Plaintiffs Brief in Opposition attached, as Exhibit 5, proof that the Plaintiff served Peter Hoffman in accordance with Pennsylvania Rule of Civil Procedure 404. Defendant's counsel did not have a copy of the correspondence between Plaintiffs counsel and Mr. Hoffman, nor copies of the green cards, prior to filing its Preliminary Objections or the Brief in Support of Preliminary Objections. The Defendant did not recognize that Peter Hoffman was, in fact, served and, thus, the Preliminary Objection about Peter Hoffman being served is withdrawn. However, there is still an issue of whether the Court even has jurisdiction over Peter. In its Brief in Opposition to Preliminary Objections, the Defendant admits that Cassia Hoffman was never included on the initial Writ of Summons. The Defendant now wants A4 eos 00m, this Court to believe that Cassia Hoffman was added as a Defendant In the reissued writ of Summons. The reissued writ of Summons was filed after service was made on the original Defendant, Peter Hoffman. This is clear from the Plaintiffs Brief. The Defendant still believes that Cassia Hoffman was never included in the case for the reasons set forth in the Brief in Support. However, given the facts as they exist now and are known, under Pennsylvania law, the Plaintiff did not have any power to join Cassia Hoffman by reissuing the Writ of Summons without seeking leave of Court or agreement by the Defendant, Peter Hoffman, after service upon Peter Hoffman had already occurred. Thus, joinder or naming of Cassia Hoffman as a Defendant has still not occurred. The statute of limitations has expired. Since Cassia Hoffman has not been joined or named as a Defendant prior to the expiration of the statute of limitations, the case should be dismissed. Home Insurance Company v Law Offices of Jonathan DeYouno. P.C., F.Supp.2d 647 (E.D. Pa. July 31, 2000)(Attached hereto as Exhibit "A"). It has now become irrelevant what happened when the Writ was reissued. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper I.D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 DATE: October 11, 2000 Attorney for Defendant, Peter Hoffman 2 /W ow? CERTIFICATE OF SERVICE I, Scott B. Cooper, attorney for Defendant Peter M. Hoffman, hereby certify that I have served a true and correct copy of Defendant's Reply Brief In Support Of Preliminary Objections, by personally hand delivering a copy of same to: Ann M. Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: Sc tt B. Cooper Attorney I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Defendant, Peter Hoffman DATE: October 11, 2000 / (0? EXHIBIT A 107 F.Supp.2d 647 (Cite as: 107 F.Supp.2d 647) N United States District Courl, E.D. Pennsylvania. The HOME INSURANCE COMPANY, Plaintiff, V. The LAW OFFICES OF JONATHAN DEYOUNG, P.C., et aL, Defendants. No. CIV. A. 97-1659. July31, 2000. Professional liability insurer sought determination that it had no duty to defend or indemnify attorney against malpractice claims, and the District Court, 32 F.Supp.2d 219 (E.D.Pa1998), found that insurer had no duty to defend or indemnify as to all claims except for one as to which there were material fact issues that precluded entry of judgment under theories that had been asserted. Following further discovery, insurer filed renewed motion for summary judgment contending that the remaining claim was time barred. The District Court, Eduardo C. Robreno, J., held that, under Pennsylvania law, claimant had no power to join personal representative of estate as an additional defendant by reissuing the writ of summons, without seeking leave of court, after service on the original defendants had already cccured, and thus, since joinder of the personal representative as a defendant did not occur prior to the expiration of the statute of limitations, the remaining claim was bored as a matter of law. So ordered West Headuotes ill Insurance 48}2268 217k2268 11] Insurance «2269 217k2269 [11 Insurance «2913 217k2913 Under Pennsylvania law, duty to defend and duty to indemnify are triggered under different circumstances; duty to defend, arises whenever complaint filed by injured party may potentially come within policy's coverage, but duty to indemnify arises only when insured is determined to be liable for damages within Page 1 e" 'Y coverage of policy. t [2] Federal Courts e=51 170Bk51 Federal courts have discretion whether to entertain declaratory judgment action in insurance coverage cases where questions in controversy between the parties to the federal suit can better be settled in proceeding pending in state court. 131 Declaratory Judgment c8=47 I18Ak47 As general rule, court entertaining declaratory judgment action in insurance coverage case should refrain from determining insurer's duty to indemnify until insured is found liable for damages in the underlying action. 141 Declaratory Judgment e=41 118Ak41 Generally, court entertaining declaratory judgment action in insurance coverage case should not issue rulings which may have a collateral estoppel effect on the underlying litigation. [5] Federal Courts C=51 170Bk51 Federal district court would entertain declaratory judgment action in insurance coverage case despite existence of underlying state court action, where statute of limitations issue before federal court was purely legal, policy was the only known asset of insured's estate so if federal court determined there was no coverage then there would be no point in determining liability in the underlying action, litigation had been heatedly contested in federal court for over three years but state court suit had not advanced much, and no stay of federal action had been requested to allow factual questions to be decided in stale court. [61 Executors and Administrators 0438(1) 162k438(1) Under Pennsylvania law, all actions that survive a decedent must be brought by or against the personal representative. [71 Executors and Administrators (9=439 Copr. ® West 2000 No Claim to Orig. U.S. Govt Works /70 sr» e' ) 107 F.Supp.2d 647 (Cite as: 107 F.Supp.2d 647) 162k439 Under Pennsylvania law, plaintiff had no power to join Personal representative of estate as an additional defendant by reissuing the writ of summons, without seeking leave of court, where service on the original defendants had already occurred; thus, since joinder of the personal representative as a defendant did not occur prior to the expiration of the statute of limitations, plaintiffs claim was barred as a matter of law. '648 Arthur W. Lefco, Victor M Verbeke, Lame Rced, Cozen and O'Connor, Philadelphia, Pa, Victor M. Verbeke, Sherr, Joffe & Zuckerman, P.C., W. Conshohocken, PA, for plaintiff. John L. Walfish, Law Offers of Jonathan DeYoung, King of Prussia, PA, John "649 L. Walfish, Walftsh & Noonan, Norristown, PA, Jan Fink Call, Hoyle, Morris & Kerr, Philadelphia, PA, John J. Koresko, V, Baldwin Rennet Clark & Koresko, King of Prussia, PA, for defendants. MEMORANDUM EDUARDO C. ROBRENO, District Judge. I. BACKGROUND The Plaintiff, The Home Insurance Co. ("Home"), provided professional liability insurance to the defendants, the Law Offices of Jonathan DeYoung, P.C. and its successors (collectively ")eYoung"). Jonathan DeYoung died on February 19, 1995. After Deyoung's death, several of DeYoung's clients initiated lawsuits or otherwise asserted claims against DeYoung's estate alleging that DeYoung committed legal malpractice. The gist of these actions is a claim that while serving as both a lawyer and an investment advisor for the claimants, DeYoung wrongfully appropriated the claimants' funds. By order and memorandum dated December 30, 1998, after rehearsing it length the facts of the case and the applicable law, familiarity with which is assumed here, the court held that Home had no duty to defend or indemnify Deyoung on any of the asserted claims, except the claim of defendant Elva Hoisington ("Hoisington"). See Home Insurance Co. v. Law Offices of Jonathan DeYoung, P.C., 32 F.Supp.2d 219 (E.D.Pa.1998). As to Hoisington's claim, the court concluded that there were genuine issues of material fact at that time which precluded the entry of judgment under the theories asserted by Home. Home Insurance Co., 32 F.Supp.2d at 229-31. Page 2 Thereafter, the court afforded the parties an opportunity to take additional discovery and to file renewed motions for summary judgment. Home has now filed a renewed motion for summary judgment contending that Hoisington's suit against DeYoung is time barred because Hoisington failed to name the personal representative of DeYoung's estate ("DeYoung's personal representative") as a defendant in the writ of summons which Hoisington filed and served on defendants before the expiration of the statute of limitations ("the original writ"). According to Home, since Hoisington's suit is time barred, Hoisington has no claim against DeYoung which is subject to indemnification under the policy issued by Home. [FNI] FNL Home also argues that it is entitled to summary judgment m various other grounds, which are out addressed in this memorandum. Hoisington acknowledges that she did not name DeYoung's personal representative as a defendant in the original writ, but claims that she caused the original writ to be reissued, and in that reissued writ of summons ("the reissued writ"), she properly named DeYoung's personal representative. [FN2] According to Hoisington, because the reissued writ was filed and served within the four (4) year statute of limitations, her suit is timely and DeYoung is entitled to indemnification under the policy issued by Home. FN2. At the time of the reissued writ, Howngtao had been appointed to serve as DOYouegb personal representative. Throughout this fifigation, the parties have debated whether Hoisington is legally qualified to servo as DeYounes personal representative. However, given the court's disposition of Home's motion, it is unnecessary to consider this issue. Ile question presented is whether Pennsylvania law permits the joinder of a defendant by the reiasuance of a writ of summons after service of the original writ has already occurred. If it does, Hoisington's suit is timely and subject to indemnification under the policy issued by Home. If it does not, Hoisington's claim is barred by the statute of limitations and Home has no duty indemnify DeYoung. For the following reasons, the court concludes that Hoisington's claim is time barred "650 II. ANALYSIS [FN3] FN3. Under Fed.P.Civ.P. 56, a perry is entitled to summary judgment where therearono genuine issues of material fact and the moving party is entitled to judgment as a matter of law. In this ease, the operative Copr. ® West 2000 No Claim to Orig. U.S. GovL Works e"% /W } r ?w 107 F.Supp,2d 647 Page 3 (Cite as: 107 F.Supp.2d 647, "650) facts am, not in controversy. Thus, the sole issue is whether Home is emitted to judgment as a matter of law. A. Pennsylvania Insurance Law [1] Under Pennsylvania law, the duty to defend and the duty to indemnify are triggered under different circumstances. An insurer's duty to defend arises "whenever the complaint filed by the injured party may potentially come within the policy's coverage." Pacific Indem. Co. v. Linn, 766 F.2d 754, 760 (3d Cir.1985). On the other hand, the duty to indemnify "arises only when the insmod is determined to be liable for damages within the coverage of the policy." Diamond State Insurance Co. v. Ranger Insurance Co., 47 F.Supp.2d 579, 584 (E.D.Pa.1999)(quoting Britamco Underwriters, Inc. v. Logue's Tavern, Inc., No. 95-2997, 1995 WL 710570, at ?2 (E.D.Pa. Dec.l, 1995)). The sole issue presented by Home's motion is whether Home has a duty to indemnify DeYoung. [FN4] FN4. To the extent that Home seeks a declaration concerning its duty to defend, given that the insurance policy issued by Home is the only asset of DeYoung's estate and the court's fording that them, is no duty to indemnify under the policy, as a practical matter, the request is moot. In any event, if Homo's request for a declaration concerning in duty to defend is not moat, because Hoisington initiated her action against DeYoung through a writ of summons under the Pennsylvania Rules of Civil Procedure, them is no complaint from which the court can determine whether them is a duty to defend in this case. See Sphere Drake, P.L.C. v. 101 Variety, inc., 35 F.Supp2d 421, 427 (E.D.Pa.1999) (citations omittedxexplaining that in determining whether them, is a duty to defend, the court must first ascertain the scope of the policys coverage and then assess whether the factual allegations contained in the underlying complaint may potentially fall within the scope of the policy). [2][3][4] Federal courts have discretion whether to entertain a declaratory judgment action in insurance coverage cases where "the questions in controversy between the parties to the federal suit ... can better be settled in the proceeding pending in the state court." Wilton v. Seven Falls Co., 515 U.S. 277, 115 S.CL 2137, 2140, 132 L.Ed.2d 214 (1995)(quoting Brillhart v. Excess Ins. Co. of America, 316 U.S. 491, 62 S.Ct. 1173, 1175-76, 86 L.Ed. 1620 (1942)). As a general rule, the declaratory judgment court should refrain from determining the insurer's duty to indemnify until the insured is found liable for damages in the underlying action.. Sphere Drake, 35 F.Supp.2d at 427. Neither should the declaratory judgment court issue rulings which may have a collateral estoppel effect on the underlying litigation. See Wilton, 115 S.CL at 2141 ("[W]here another suit involving the same parties and presenting opportunity for ventilation of the same state law issues is pending in state court, a district court might be indulging in '[g]ratuitous interference[ ]' ... if it permitted the federal declaratory action to proceed.")(quotation omitted). [5] This case, however, is the exception to these general rules for four (4) reasons. One, the statute of limitations issue before the court is purely legal and does not require the court to make factual determinations which would otherwise best be left to the state court jury in the underlying action Two, Home's insurance policy at issue in this case is the only known asset of DeYoung's estate. Therefore, as a practical matter, if the court determines there is no coverage, and consequently no assets in the estate, there will be no point in proceeding to determine liability in the underlying action Three, this litigation has been heatedly contested by the parties in this court for over three (3) years. In the state court, however, the only action taken by Hoisington has been to file a writ of summons. Fourth, Hoisington has never filed a motion requesting a stay of this '651 action to allow factual questions to be decided in the state court litigation. Therefore, neither "practicality [nor] wise judicial administration," Wilton, 115 S.CL at 2143, would be served by delaying the coverage question until the conclusion of trial on liability in the state court B. Home's Statute of Limitations Argument [6] Under Pennsylvania law, "all actions that survive a decedent must be brought by or against the personal representative." Marzella v. King, 256 Pa.Super. 179, 389 A.2d 659, 660 (1978) (citations omitted). For purposes of ruling on Home's motion, the court accepts Hoisinglon's position that because her lawsuit against DeYoung grew out of an express contract to provide specific services, the four (4) year statute of limitations is controlling. [7] Hoisington concedes that she became aware of her claim against DeYounes personal representative by at least March 1, 1995, and therefore, that the statute of limitations barred any actions commenced alter March 1, 1999. Hoisington first commenced her lawsuit on January 21, 1997 by filing a writ of summons in the Montgomery County Court of Common Pleas. Notably, the writ of summons did not name DeYouries Copr. O West 2000 No Claim to Orig. U.S. Gov. Works /73.- n 107 F.Supp.2d 647 (Cite as: 107 F.Supp.2d 647, *651) personal representative as a defendant. The next day. January 22, 1997, Hoisington served the writ of summons upon each of the named defendants. See Montgomery County Court of Common Pleas Docket, Civil Action No. 97-1161, PIA Main., Ex. D. Subsequently, on February 25, 1999, Hoisington filed a praecipe to reissue the original writ, Us time naming DeYoung's personal. representative as a defendant. [FN5] Id. In other words, Hoisington claims shejoined DeYoung's personal representative as a named defendant through the reissued writ FNS. The reissued writ is not part of the record before the court. However, because the parties do not dispute that Hoisington named DaYounes personal representative as a defendant in the reissued writ, the court will assume for purposes of ruling on Home's motion that is the case. Under Pennsylvania law, "[a]n action may be commenced by filing with the prothonotary (1) a praecipe for a writ of summons, or (2) a complaint." Pa.R.Civ.P. 1007. The Pennsylvania Rules of Civil Procedure also allow for the reissuance of a writ of summons under certain circumstances. Specifically. Rule 401 provides, in pertinent part: If service within the Commonwealth is not made within [thirty (30) days after the issuance of the writ or the filing of the complaint], the prothonotary upon praecipe and upon presentation of the original process, shall continue its validity by reissuing the writ or reinstating the complaint, by writing thereon 'reissued' in the case of a writ or 'reinstated' in the case of a complaint A writ may be reissued or a complaint reinstated at any time and any number of times. A new party defendant may be named in a reissued writ or reinstated complaint. Pa.R.Civ.P. 401(6)(1) & (2). On the other hand, Rule 2232(c) provides, in pertinent part, "At any stage of an action, the court may order the joinder of any additional person who could have joined or who could have been joined in the action.." P&R.Civ.P. 2232(c). [FN6] FN6. Rule 2229(b) also governs joinder of parties and provides, "A plaintiff may join as defendants persons against whom the plaintiff asserts any tight to relief... in respect of or arising out of the same transaction, occurrence, or series of transaction or ocourrences if any common question of law or fact [is present]." Pa.R.Civ.P. 2229(b). For whatever reason, Hossingtoh chose not to proceed under Rule 2229. In Yates v. Pacer, Inc., 352 Pa.Super. 335, 507 A.2d 1011 Page 4 1258 (1986), the Pennsylvania Superior Court addressed the interplay between Rules 401 and 2232(c). In Yates, *652 the plaintiff filed a complaint against several manufacturers and suppliers of asbestos products. After the plaintiff had served the complaint upon each of the original named defendants, the plaintiff filed a reinstated complaint under Rule 401 naming a party not named in the original complaint The lower court sustained the newly named partys objections that Rule 401 was not the proper vehicle for joining an additional defendant. The Superior Court agreed, holding that a plaintiff may not join an additional defendant once any defendant has been served with an original complaint by simply reinstating the complaint under Rule 401. The court explained: [R]ule 401, when read in [its] entirety, primarily address[es] the process whereby a plaintiff may continue the viability of stale process by ... reissuanoe of the writ We agree with the lower court that since [Rule 401] is chiefly concerned with means of continuing the validity of stale process, Rule [401(b)] Joinder' is properly limited to situations in which ... a writ [is being] reissued solely because it was not served on any of the original defendants. In such a situation, Rule [401(6)] joinder can be effectuated during the ... reissuance. However, once a party defendant is served, Rule [401(6)] cannot be used as a joinder device since to do so would ignore the purpose of Rule [401] and obviate the purpose of Rude 2232. Therefore, once a party defendant is served, plaintiff may only effectuate the joinder of additional parties by means other than Rule [401(b)]. Yates, 507 A.2d at 1260 (emphasis added). [FN7] FN7. Yates was decided under a prior version of Rule 401, however, the court's decision clearly applies to cases which implicate the current version of the rule. See Yates, 507 A2d at 1260. Applying the teachings of Yates, given that at the time the original writ was reissued, service on the original defendants had already occurred, Hoisington had no power under Rule 401 to join DeYoung's personal representative as an additional defendant without seeking leave of court, as provided under Rule 2232. Since the joinder of DeYoung's personal representative did not occur prior to the expiration of the statute of limitations, Hoisington's claim is barred as a matter of law. 1]I. CONCLUSION Hoisington did not properly initiate an action against DeYoung's personal representative within the Colin 0 West 2000 No Claim to Orig. U.S. GovL Works 173 1 107 F.Supp.2d 647 (Cite as: 107 F.Supp.2d 647, •652) applicable statute of limitations. Therefore, her claim is time barred and Home has no duty to indemnify DeYoung. An appropriate order follows. ORDER AND NOW, this 31st day of July, 2000, it is hereby ORDERED that Plaintiff The Home Insurance Company's Motion For Summary Judgment (doe, no. 83) is GRANTED. It is FURTHER ORDERED that: Page 5 1. Plaintiff has no duty to indemnify the defendant insureds; 2. JUDGMENT is entered in favor of plaintiff and against defendants, and 3. All claims by and against all parties having been adjudicated, the Clerk shall mark the case CLOSED. AND IT IS SO ORDERED. END OF DOCUMENT Copr. O West 2000 No Claim to Orig. U.S. GovL Works .h`ti .': ° ?- :.; _ ;; -__ ?_:; . ,_,1 :i? -- ? ? -? - - _ :._> ,.. r:.. :_ ?._ -_j - t_? U .. .. ?. ?/ a k? i ?S;+a. ?Ii? DICKINSON COLLEGE, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER M. HOFFMAN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF CASSIA A. HOFFMAN, : DEFENDANTS : 99-7630 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT AND - P'LAINTIFF'S MOTION TO AMEND THE CAPTION OF COMPLAINT ORDER OF COURT AND NOW, this 20 day of November, 2000, IT IS ORDERED: (1) Plaintiff shall, within fifteen (15) days of this date, file a verification to its complaint. (2) All other preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. (3) The caption is amended to read: "Dickinson College, Plaintiff v. Cassia A. Hoffman, Defendant." By Edgar B. Bayley, J. y: :ey E' t i r r°') 97-7630 CIVIL TERM Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 For Plaintiff Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 For Defendant :saa M DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PETER M. HOFFMAN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF CASSIA A. HOFFMAN, : DEFENDANTS : 99-7630 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT AND PLAINTIFF'S MOTION TO AMEND THE CAPTION OF COMPLAINT BEFORE BAYLEY, J. AND OILER. J. OPINION AND ORDER OF COURT Bayley, J., November 20, 2000:-- On December 22,1999, plaintiff, Dickinson College, filed a writ of summons against, "Peter M. Hoffman, individually and as parent and natural guardian of Cassia A. Hoffman." Plaintiff was unsuccessful in having the writ served on the defendant within the time required under Pa. Rule Civil Procedure 401(b)(1). On January 21, 2000, plaintiff, using the same caption, filed a praecipe to "[r]e-issue the Writ of Summons issued in the above-captioned matter on December 22, 1999 as to Cassia A. Hoffman only." On May 18, 2000, plaintiff filed a complaint using the following caption: "Dickinson College, Timothy Manna and Catherine Manna, Samuel Deitch and Kathy Deitch, Plaintiffs v. Cassia A. Hoffman, Defendant." It is alleged in the complaint that Cassia A. Hoffman is an adult individual. Dickinson College and the other named X77 r? 97-7630 CIVIL TERM plaintiffs, seek damages to property they maintain was caused by the negligence of Cassia A. Hoffman, a Dickinson student, in causing a fire in a residence hall of the college on February 6, 1998. On August 7, 2000, a stipulation was filed on the record to "fdjiscontinue the above-captioned action filed against Peter M. Hoffman, with prejudice." On August 28, 2000, plaintiff using a caption of "Dickinson College, Plaintiff v. Peter M. Hoffman, individually and as parent and natural guardian Cassia A. Hoffman, Defendant," filed a "Motion for Leave to Amend Caption" to "Dickinson College v. Cassia A. Hoffman." On September 1, 2000, Cassia Hoffman filed preliminary objections to the complaint seeking, inter alia, that it be dismissed against her because she is not a party to the suit. Hoffman also filed a response in opposition to plaintiffs motion for leave to amend the caption. The preliminary objections and the motion for leave to amend the caption were briefed and argued on October 11, 2000. Cassia Hoffman maintains that she is not a party to this suit, therefore, the caption cannot now be amended to name her individually because the statute of limitations has run. In Powell v. Sutliff, 410 Pa. 436 (1963), the Supreme Court of Pennsylvania citing Gozdonovic v. Pleasant Hills Realty Co., 357 Pa. 23 (1947), stated that after a statute of limitations has run, the test on an attempt to change the description of a party is whether: "the right party was sued but under a wrong designation" - in which event the amendment was permissible - or whether "a wrong party was sued and the amendment was designated to substitute another and distinct -2- M eh ) 97-7630 CIVIL TERM party" - in which event the amendment was not permissible. In Powell, the Supreme Court of Pennsylvania stated that an amendment may not be granted after a statute of limitations has run where "liability would have been imposed on a new and distinct party." The Judicial Code at 42 Pa.C.S. Section 5524(7) sets a two-year statute of limitations for any action to recover damages for injury to property founded on negligence or tortious conduct. The fire which plaintiff alleges that Cassia A. Hoffman negligently started was on February 6, 1998. The last date of the two-year statue of limitations was February 5, 2000. Because that date was a Saturday the last day for filing suit would have been Monday, February 7, 2000. Pa. Rule of Civil Procedure 106(b). Dickinson College maintains that despite the fact in the caption inadvertently fails to name Cassia Hoffman individually, the reissued writ of summons did name her individually. Pa. Rule of Civil Procedure 1007(1) provides that an action may be commenced by filing with the Prothonotary a praecipe for a writ of summons. Rule 401(b)(1) provides: If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process, shall continue its validity by reissuing the writ or reinstating the complaint, by writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint. Rule 401(b)(2) provides: A writ may be reissued or a complaint reinstated at any time and any number of times. A new party defendant may be named in the -3- P1 (") 97-7630 CIVIL TERM reissued writ or a reissued complaint. (Emphasis added.) There is no requirement in Rule 401 to obtain leave of court to reissue a writ of summons adding a new party defendant. When the writ was reissued on January 21, 2000, the statute of limitations had not run. Pa. Rule of Civil Procedure 1007 is titled "Commencement Of Action." A writ of summons issued under Rule 1007 is not a pleading because Rule 1017(a) defines pleadings as "[Limited to a complaint, and answer thereto, a reply if the answer contains new matter or a counterclaim, a counter- reply if the reply to the counterclaim contains new matter, a preliminary objection and an answer thereto." Rule 1018 titled "Caption" provides that every pleading shall contain, inter alia, "[t]he names of all the parties...." (Emphasis added.) A writ of summons or a reissued writ of summons is simply a device for commencing an action against a party or parties. There is no corresponding rule of civil procedure to Rule 1018, that sets forth the contents of a caption of a pleading, with respect to the contents of a caption of a writ of summons or a reissued writ of summons. The writ of summons issued on December 22, 1999, against "Peter M. Hoffman, individually and as a parent and natural guardian of Cassia A. Hoffman," does not name Cassia A. Hoffman as an individual defendant. Although plaintiff is one of the most inartful document drafters ever to come down the pike, we conclude that the body of the writ of summons that was reissued on January 21, 2000, "as to Cassia Hoffman only" adds Cassia Hoffman as a new party defendant under Pa. Rule of Civil Procedure -4- t eom? 97-7630 CIVIL TERM 401(b)(2) despite the failure of plaintiff to add that name to the caption., Therefore, the caption may be amended to reflect that the defendant is Cassia A. Hoffman, because the reissued writ added her as a new party defendant within the period of the statute of limitations. Amending the caption to reflect Cassia A. Hoffman as a defendant does not impose liability on a new and distinct party after the statute of limitation expired. Next, defendant maintains that plaintiffs complaint must be stricken because the reissued writ of summons was not properly served. Pa. Rule of Civil Procedure 1028(a)(1) provides that a preliminary objection may be filed because of the "[i]mproper form of service of a writ of summons or a complaint." The Sheriff of Cumberland County filed a return on February 28, 2000, that the reissued writ of summons was served on Cassia A. Hoffman on January 28, 2000, at 217 North College Street, Carlisle, Pennsylvania, by leaving a true and attested copy with "Stephanie Porter (adult roommate of Cassia A. Hoffman). Pa. Rule of Civil Procedure 402 provides: (a) Original process may be served (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence ... (Emphasis added.) In Hollinger v. Hollinger, 416 Pa. 473 (1965), the Supreme Cowt of ' In its brief, plaintiff acknowledges that the claims of Timothy Manna and Catherine Manna, Samuel Deitch and Kathy Deitch which were added to the complaint that was filed on May 18, 2000, are barred by the statute of limitations. -5- l?? r4,*9 97-7630 CIVIL TERM Pennsylvania held that in the absence of fraud, a sheriffs return which is complete on its face is conclusive and immune from extrinsic attack as to the facts which the sheriff presumptively has personal knowledge. Here, service of the reissued writ of summons was made pursuant to Rule 402(a)(2)(i). The room at 217 North College Street, Carlisle, where defendant was living while a student at Dickinson College, was her residence and her adult roommate was just as much in charge of the room as she was. Next, defendant preliminarily objects to the complaint because it lacks a verification. Pa. Rule of Civil Procedure 1028(a)(2) provides that a preliminary objection may be filed because of the "failure of a pleading to conform to law or rule of court..." Rule 1024(a) provides: (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial. A pleading may be verified upon personal knowledge as to a part and upon information and belief as to the remainder. Rule 76 defines "verified" to mean that: [w]hen used in reference to a written statement of fact by the signer, means supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. There are sixteen paragraphs in plaintiffs complaint. Then there is a clause demanding damages. Then it says "Respectfully submitted," after which there are the signatures of two attorneys, just as if the attorneys were writing a letter rather than preparing a complaint for filing. Fortunately for them, the Superior Court of -6- &L 97-7630 CIVIL TERM Pennsylvania in Lewis v. Erie Insurance Exchange, 281 Pa. Super. 193 (1980), has held that a pleading may not be dismissed for lack of a verification without affording the pleader an opportunity to file one. We will direct plaintiff to do so. Defendant also preliminarily objects to plaintiffs complaint seeking an order striking certain paragraphs or requiring a more specific pleading. These objections are without merit. For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this ?? day of November, 2000, IT IS ORDERED: (1) Plaintiff shall, within fifteen (15) days of this date, file a verification to its complaint. (2) All other preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. (3) The caption is amended to read: "Dickinson College, Plaintiff v. Cassia A. Hoffman, Defendant." 97-7630 CIVIL TERM Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 For Plaintiff Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 For Defendant :saa -8- n b `f' e6N r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. CASSIA A. HOFFMAN, Defendant Civil Action - Law No.: 99-7630 Jury Trial Demanded PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification of the Plaintiff for the verification of Plaintiffs counsel to the Complaint which was filed in the above-captioned matter. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: 14411A BY: Ann Margaret Gr b, Esquire Supreme Court I.D. 455986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 93? VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: o By: a Nickolas G. Stamos Dickinson College 81? r"? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. CASSIA A. HOFFMAN, Defendant Civil Action - Law : No.: 99-7630 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this _L_day of2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Substitute Verification by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Or! Ann Margaret Gral), Esquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 1 /0 7 Schmidt, P#pca & Kramer PC Attomep and Counselovs at law swe street 0°?vlsbuvg. PennsylvanlA 17101 - " 717 /232-6300 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. CASSIA A. HOFFMAN, : NO. 99-7630 Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: DICKINSON COLLEGE Go Ann M. Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, DATE: 12/8/00 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper I. DA 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Defendant /fi, rs• r°1 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. CASSIA A. HOFFMAN, Defendant NO. 99-7630 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Cassia Hoffman, by and through her attorneys, Schmidt, Ronca & Kramer, P.C, and hereby responds to the Complaint of the Plaintiff as follows: 1. After reasonable investigation, the answering Defendant is without information to form a believe as to the truth of this averment, and, therefore, this averment is denied. The Defendant demands strict proof thereof from the Plaintiff prior to trial. 2. After reasonable investigation, the answering Defendant is without information to form a believe as to the truth of this averment, and, therefore, this averment is denied. The Defendant demands strict proof thereof from the Plaintiff prior to trial. 3. After reasonable investigation, the answering Defendant is without information to form a believe as to the truth of this averment, and, therefore, this 2 ID -711 J averment is denied. The Defendant demands strict proof thereof from the Plaintiff prior to trial. 4. Denied. Defendant, Cassia Hoffman, currently resides at 9051 Oriole Street, Los Angeles, CA 90067. 5. Admitted. It is admitted that on February 6, 1998, Defendant, Cassia Hoffman, was a sophomore at Dickinson College. 6. Admitted in part, and denied in part. It is admitted that on February 6, 1998, Defendant, Cassia Hoffman, resided in a residence hall called McKenney Hal! situated on West High Street, Carlisle, Pennsylvania. After reasonable investigation, the answering Defendant is without information sufficient to form a belief as to whether or not the hall was a college owned residence, and, therefore, this averment is denied, and Defendant demands strict proof thereof. 7. Admitted in part, and denied in part. It is admitted that on February 6, 1998, someone in the residence hall lit a candle. After reasonable investigation, answering Defendant is without sufficient information or knowledge as to the truth of whether or not it was in violation of written college residence hall policy, and demand strict proof thereof from Plaintiff of what policy is being claimed to have been violated. 8. Admitted. It is admitted that on the morning of February 6, 1998, at approximately 6:45 a.m., Defendant, Cassia Hoffman, woke up and saw her bed in flames. 9. Denied. It is specifically denied that Dickinson College's McKenney Hall sustained property damage originating in Suite 20B as a result of the candle having 3 - J V a been left unattended by Defendant, Cassia Hoffman, and Defendant demands strict proof thereof from the Plaintiff as to the facts which support the allegation that all property damages sustained was solely the result of a candle being left unattended by the Defendant, Cassia Hoffman. 10. Denied. Timothy and Catherine Manna and Samuel and Kathy Deitch are no longer Plaintiffs to this case, and, thus, no responsive pleading is required to this averment. By way of further answer, Defendant incorporates her answer to paragraph 9 of the Complaint. 11. The Plaintiffs Complaint is a conclusion of law to which no response is required. By way of further answer, Timothy and Catherine Manna and Samuel and Kathy Deitch are no longer parties to this case, and, thus, no responsive pleading is required to their claims. By way of further answer, Defendant, Cassia Hoffman, incorporates her answer to paragraph 9 of the Complaint. 12.(a)-(d). The averments contained in paragraphs 12(a)-(d) are conclusions of law to which no response is required. By way of further answer, to the extent a response is deemed to be required, Defendant, Cassia Hoffman, specifically denies the allegations in paragraphs 12(a)-(d) and demands strict proof of these averments from the Plaintiff prior to trial. 13. The averment contained in paragraph 13 is a conclusion of law to which no response is required. By way of further answer, Cassia Hoffman may not have been the sole party responsible for this incident. By way of further answer, Defendant, Cassia Hoffman, incorporates her answer to paragraph 11 of the Complaint. 4 lqz A 14. Denied. Defendant, Cassia Hoffman, specifically denies that Dickinson College sustained property damage totaling $33,448.67, and demand strict proof thereof from the Plaintiff. 15. Plaintiffs Timothy and Catherine Manna are no longer parties to this action, and, therefore, no response is required. 16. Samuel and Kathy Deitch are no longer parties to this action and, thus, no response is required. WHEREFORE, Defendant, Cassia Hoffman, respectfully requests that this Honorable Court enter judgment in her favor and against the Plaintiff, and dismiss the Plaintiffs Complaint. NEW MATTER Defendant, Cassia Hoffman hereby raises the following New Matter to the Plaintiffs Complaint: Defendant's answers to paragraphs 1-16 of the Plaintiffs Complaint are incorporated as fully as if set forth herein. 2. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 3. This case may be barred by the statute of limitations. 4. The Defendant was not negligent. 5. Any acts or omissions of the Defendant alleged to constitute negligence, carelessness or recklessness were not substantial causes of factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. ?y3 / 1 6. The incident and/or damages described in the Plaintiffs Complaint may have been caused or contributed to by the Plaintiff. The negligent, careless and reckless acts and/or omissions of other individuals and/or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 8. The Plaintiff may have assumed the risk. 9. The Plaintiff may have been contributorily negligent. 10. The Plaintiff may have been comparatively negligent. 11. The incident, accident and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by the Defendant. 12. The Plaintiff may not have properly mitigated its damages. 13. It is believed, and therefore averred, that Plaintiff alleges Cassia Hoffman was made a party to the case on January 21, 2000, when a reissued Writ of Summons was filed. (See Court Order concerning Preliminary Objections attached as Exhibit W.) 14. It is believed, and therefore averred, that the initial Writ of Summons was served on Peter Hoffman in California at both his home address and his place of employment via certified mail and signed for pursuant to Pennsylvania Rule of Civil Procedure 404. (See Plaintiffs Brief in Opposition to Defendant's Preliminary. Objections attached as Exhibit "B"). 15. The Plaintiffs claims may be barred because Cassia Hoffman was not joined as a Defendant in a proper manner and thus her being added as a party on 6 0- January 21, 2000, was ineffective and not allowed without the permission of Peter Hoffman or Court Order. WHEREFORE, Defendant prays that this Complaint be dismissed at the cost of the Plaintiff. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. r? By: Scott B. Cooper I. D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 DATE: 12/8/00 Attorney for Defendant, Cassia A. Hoffman i? 7 r ??10 w EXHIBIT A eo'1 DICKINSON COLLEGE, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER M. HOFFMAN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF CASSIA A. HOFFMAN, : DEFENDANTS ; 99-7630 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT AND PLAINTIFF'S MOTION TO AMEND THE CAPTION OF COMPLAINT BEFORE BAY EY AND OLER I ORDER OF COURT AND NOW, this day of November, 2000, IT IS ORDERED: (1) Plaintiff shall, within fifteen (15) days of this date, file a verification to its complaint. (2) All other preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. (3) The caption is amended to read: "Dickinson College, Plaintiff v. Cassia A. Hoffman, Defendant." By I.-I-W TRUE COPY FROM RECORD Edgar B. Bayley, J. In Tesfimony whereof, I here unto set my hand and a seal of id Court at Carlisle, pa. / 47 97-7630 CIVIL TERM Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 For Plaintiff Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 For Defendant :saa rte. r, DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PETER M. HOFFMAN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF CASSIA A. HOFFMAN, : DEFENDANTS : 99-7630 CIVIL TERM IN RE PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT AND PLAINTIFF'S MOTION TO AMEND THE CAPTION OF COMPLAINT BEFORE BAYLEY J AND OLER. J. OPINION AND ORDER OF COURT Bayley, J., November 20, 2000:-- On December 22, 1999, plaintiff, Dickinson College, filed a writ of summons against, "Peter M. Hoffman, individually and as parent and natural guardian of Cassia A. Hoffman." Plaintiff was unsuccessful in having the writ served on the defendant within the time required under Pa. Rule Civil Procedure 401(b)(1). On January 21, 2000, plaintiff, using the same caption, filed a praecipe to "[r]e-issue the Writ of Summons issued in the above-captioned matter on December 22, 1999 as to Cassia A. Hoffman only." On May 18, 2000, plaintiff filed a complaint using the following caption: "Dickinson College, Timothy Manna and Catherine Manna, Samuel Deitch and Kathy Deitch, Plaintiffs v. Cassia A. Hoffman, Defendant." It is alleged in the complaint that Cassia A. Hoffman is an adult individual. Dickinson College and the other named 191 *7 97-7630 CIVIL TERM plaintiffs, seek damages to property they maintain was caused by the negligence of Cassia A. Hoffman, a Dickinson student, in causing a fire in a residence hall of the college on February 6, 1998. On August 7, 2000, a stipulation was filed on the record to "[d]iscontinue the above-captioned action filed against Peter M. Hoffman, with prejudice." On August 28, 2000, plaintiff using a caption of "Dickinson College, Plaintiff v. Peter M. Hoffman, individually and as parent and natural guardian Cassia A. Hoffman, Defendant," filed a "Motion for Leave to Amend Caption" to "Dickinson College v. Cassia A. Hoffman." On September 1, 2000, Cassia Hoffman filed preliminary objections to the complaint seeking, inter alia, that it be dismissed against her because she is not a party to the suit. Hoffman also filed a response in opposition to plaintiffs motion for leave to amend the caption. The preliminary objections and the motion for leave to amend the caption were briefed and argued on October 11, 2000. Cassia Hoffman maintains that she is not a party to this suit, therefore, the caption cannot now be amended to name her individually because the statute of limitations has run. In Powell v. Sutliff, 410 Pa. 436 (1963), the Supreme Court of Pennsylvania citing Gozdonovic v. Pleasant Hills Realty Co., 357 Pa. 23 (1947), stated that after a statute of limitations has run, the test on an attempt to change the description of a party is whether: "the right parry was sued but under a wrong designation" - in which event the amendment was permissible - or whether a wrong party was sued and the amendment was designated to substitute another and distinct -2- ) oo 97-7630 CIVIL TERM r party" - in which event the amendment was not permissible. In Powell, the Supreme Court of. Pennsylvania stated that an amendment may not be granted after a statute of limitations has run where "liability would have been imposed on a new and distinct party." The Judicial Code at 42 Pa.C.S. Section 5524(7) sets a two-year statute of limitations for any action to recover damages for injury to property founded on negligence or tortious conduct. The fire which plaintiff alleges that Cassia A. Hoffman negligently started was on February 6, 1998. The last date of the two-year statue of limitations was February 5, 2000. Because that date was a Saturday the last day for filing suit would have been Monday, February 7, 2000. Pa. Rule of Civil Procedure 106(b). Dickinson College maintains that despite the fact in the caption inadvertently fails to name Cassia Hoffman individually, the reissued writ of summons did name her individually. Pa. Rule of Civil Procedure 1007(1) provides that an action may be commenced by filing with the Prothonotary a praecipe for a writ of summons. Rule 401(b)(1) provides: If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process, shall continue its validity by reissuing the writ or reinstating the complaint, by writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint. Rule 401 (b)(2) provides: A writ may be reissued or a complaint reinstated at any time and any number of times. A new party defendant may be named in the -3- a0_f n 97-7630 CIVIL TERM eQl? reissued writ or a reissued complaint. (Emphasis added.) There is no requirement in Rule 401 to obtain leave of court to reissue a writ of summons adding a new party defendant. When the writ was reissued on January 21, 2000, the statute of limitations had not run. Pa. Rule of Civil Procedure 1007 is titled "Commencement Of Action." A writ of summons issued under Rule 1007 is not a pleading because Rule 1017(a) defines pleadings as "[l]imited to a complaint, and answer thereto, a reply if the answer contains new matter or a counterclaim, a counter- reply if the reply to the counterclaim contains new matter, a preliminary objection and an answer thereto." Rule 1018 titled "Caption" provides that every pleading shall contain, inter alia, "[t]he names of all the parties...:" (Emphasis added.) A writ of summons or a reissued writ of summons is simply a device for commencing an action against a party or parties. There is no corresponding rule of civil procedure to Rule 1018, that sets forth the contents of a caption of a pleading, with respect to the contents of a caption of a writ of summons or a reissued writ of summons. The writ of summons issued on December 22, 1999, against "Peter M. Hoffman, individually and as a parent and natural guardian of Cassia A. Hoffman," does not name Cassia A. Hoffman as an individual defendant. Although plaintiff is one of the most inartful document drafters ever to come down the pike, we conclude that the body of the writ of summons that was reissued on January 21, 2000, "as to Cassia Hoffman only" adds Cassia Hoffman as a new party defendant under Pa. Rule of Civil Procedure -4- 016)` r., 97-7630 CIVIL TERM 401(b)(2) despite the failure of plaintiff to add that name to the caption' Therefore, the caption may be amended to reflect that .the'defendant is Cassia A. Hoffman, because the reissued writ added her as a new party defendant within the period of the statute of limitations. Amending the caption to reflect Cassia A. Hoffman as a defendant does not impose liability on a new and distinct party after the statute of limitation expired. Next, defendant maintains that plaintiffs complaint must be stricken because the reissued writ of summons was not properly served. Pa. Rule of Civil Procedure 1028(a)(1) provides that a preliminary objection may be filed because of the "[i]mproper form of service of a writ of summons or a complaint." The Sheriff of Cumberland County filed a return on February 28, 2000, that the reissued writ of summons was' served on Cassia A. Hoffman on January 28, 2000, at 217 North College Street, Carlisle, Pennsylvania, by leaving a true and attested copy with "Stephanie Porter (adult roommate of Cassia A. Hoffman). Pa. Rule of Civil Procedure 402 provides: (a) Original process may be served (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence.. - (Emphasis added.) In Hollinger v. Hollinger, 416 Pa. 473 (1965), the Supreme Court of ' In its brief, plaintiff acknowledges that the claims of Timothy Manna and Catherine Manna, Samuel Deitch and Kathy Deitch which were added to the complaint that was filed on May 18, 2000, are barred by the statute of limitations. -5- X103 97-7630 CIVIL TERM el"Is Pennsylvania held that in the absence of fraud, a sheriffs return which is complete on its face is conclusive and immune from dxtrinsic attack as to the facts which the sheriff presumptively has personal knowledge. Here, service of the reissued writ of summons was made pursuant to Rule 402(a)(2)(i). The room at 217 North College Street, Carlisle, where defendant was living while a student at Dickinson College, was her residence and her adult roommate was just as much in charge of the room as she was. Next, defendant preliminarily objects to the complaint because it lacks a verification. Pa. Rule of Civil Procedure 1028(a)(2) provides that a preliminary objection may be filed because of the "failure of a pleading to conform to law or rule of court. . ." Rule 1024(a) provides: (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial. A pleading may be verified upon personal knowledge as to a part and upon information and belief as to the remainder. Rule 76 defines "verified" to mean that: [w]hen used in reference to a written statement of fact by the signer, means supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. There are sixteen paragraphs in plaintiffs complaint. Then there is a clause demanding damages. Then it says "Respectfully submitted," after which there are the signatures of two attorneys, just as if the attorneys were writing a letter rather than preparing a complaint for filing. Fortunately for them, the Superior Court of -6- a0l?- V_ ,- 97-7630 CIVIL TERM P, Pennsylvania in Lewis V. Erie Insurance Exchange, 281 Pa. Super. 193 (1980), has held that a pleading may not be dismissed for lack of a verification without affording the pleader an opportunity to file one. We will direct plaintiff to do so. Defendant also preliminarily objects to plaintiffs complaint seeking an order striking certain paragraphs or requiring a more specific pleading. These objections are without merit. For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this 10?- day of November, 2000, IT IS ORDERED: (1) Plaintiff shall, within fifteen (15) days of this date, file a verification to its ' complaint. (2) All other preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. (3) The caption is amended to read: "Dickinson College, Plaintiff V. Cassia A. Hoffman, Defendant." -7- ?Q-f 97-7630 CIVIL TERM Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 For Plaintiff Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 For Defendant :saa -8- 'LL•"e4a n A67 EXHIBIT B l r., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Term Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PROPOSED ORDER AND NOW, to wit, this day of 2000 upon consideration of Defendant's Preliminary Objections, it is hereby ORDERED that all of Defendant's Preliminary Objections are denied except that Plaintiff will provide a verification pursuant to Pa. R.C.P. 1024 within days of this Order. By the Court, Judge d`? D c•2rt?5sr-`k 1 tytyt Ij ?i ( 10?) ( n. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Tenn Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS I. STATEMENT OF FACTS AND PROCEDURAL HISTORY. On February 6, 1998 Cassia A. Hoffman was a student a Dickinson College and allegedly started a fire in a dorm room which resulted in property damage to the college. The within suit was instituted by Praecipe for Writ of Summons filed on December 22, 1999. The Praecipe, a copy of which is attached marked Exhibit 1, bad the following caption: DICK!N,SO:v COLLEGE V. PETER M. HOFFMAN, individually and as parent and natural guardian of CASSM A. HOFFMAN. The Prothonotary was directed to forward the Writ to the Sheriff for service on Cassia A. Hoffman and to return the Writ addressed to Peter Hoffman to counsel for service. The Writ of Summons was served in Mr. Hoffman in California at his home address and at his place of employment, via certified mail and signed for pursuant to Pennsylvania Rule of Civil Procedure 404. The Sheriff attempted to serve the Writ on Cassia Hoffman on twelve occasions but was unable to do so, presumably due to the college's holiday break. Thereafter, counsel for the Plaintiff continued an investigation into whether there was any basis for suit against Mr. Hoffman in light of the fact that his daughter was an adult at the time of the fire and Mr. Hoffman was not involved in the actual events of February 6, 1998. Counsel for the Plaintiff looked )Py at college admittance records to determine whether or not Mr. Hoffman had agreed to be responsible for the actions of his daughter while a student at Dickinson College. Because counsel for the Plaintiff could not get service on Cassia A. Hoffman at her address in Carlisle, a Praecipe to reissue the Writ of Summons, with respect to Cassia A. Hoffman only, was filed on January 21, 2000. (A true and correct copy of Praecipe to reissue the Writ of Summons is attached marked, Exhibit 2). The reissued Writ was served on Stephanie Porter, an adult roommate of Cassia Hoffman on January 28, 2000. (A true and correct copy of the Sheriffs Return is attached marked, Exhibit 3). Accordingly, Cassia A. Hoffman was served with the Writ of Summons by the Sheriff of Cumberland County prior to the expiration of the Statute of Limitations. Counsel for the Plaintiff did not amend the caption to reflect that Cassia Hoffman was being sued individually and as the only Defendant due to oversight. Thereafter, a Complaint naming only Cassia A. Hoffman was filed on May 18, 2000 and sent via regular and certified mail to Cassia A. Hoffman at her Carlisle address. The Complaint does not name Peter Hoffman as a Defendant nor does it contain allegations against him. Peter Hoffman was provided with a courtesy copy of the Complaint through his attorney, Randall Sunshine, with whom Plaintiffs counsel had conversations after the service of the original Writ of Summons. Counsel for the Plaintiff filed a Notice of Intent to Enter Default Judgment against Cassia A. Hoffman on August 2, 2000 and sent it via certified and regular mail to Cassia A. Hoffman's Carlisle address. The caption on the Notice was the same as that on the Complaint, in that it named Cassia A. Hoffman as the only Defendant. Plaintiff acknowledges that the claims of Timothy and Catherine Manna and Samuel and Kathy Deitch added with the filing of the Complaint are barred by the applicable Statute of Limitations. The claims of Dickinson College against Cassia A. Hoffman however, are not so barred and are the subject of Plaintiff's Motion to Amend the Caption and Defendant's Preliminary Objections. Counsel for the Defendant, contacted counsel for the Plaintiff and indicated that he had been Z1d retained to defend the interest of the Hoffman's and asked that a Stipulation be signed dismissing Peter Hoffman from the suit in as much as the Complaint did not contain allegations against him. Plaintiff s counsel agreed, obviously believing that the action remained as it pertained to Cassia A. Hoffman. The Stipulation was prepared by Defense counsel and names Cassia A. Hoffman as a Defendant and was signed by Plaintiffs counsel. (See Stipulation attached hereto marked, Exhibit 4). II. ISSUES. A. Is Plaintiffs cause of action against Cassia A. Hoffman barred by the applicable Statute of Limitations? B. Should the Plaintiff be required to file a more specific pleading? C. Should the term "reckless" be stricken from paragraphs 11, and 16? D. Should a Praecipe to Substitute Verification be filed? E. Was service of the reissued Writ of Summons upon Cassia Hoffman proper? III. ARGUMENT. A. Statute of Limitations. While it is correct that Cassia Hoffman was not named individually in the caption on the original Writ of Summons filed on December 22, 1999, counsel for the Defendant ignores the reissued Writ of Summons filed on January 20, 2000. That Praecipe directs the Prothonotary to reissue the Writ of Summons as it pertains to Cassia A. Hoffman only. The Praecipe to Reissue the Writ of Summons names Cassia Hoffman individually despite the technical error in the caption. Also, significantly, the reissued Writ and the service by the Sheriff of the reissued Writ were both completed prior to the expiration of the Statute of Limitations. As argued in Plaintiffs Motion to Amend the Caption, the amendment requested herein to the caption does not add an additional party but merely seeks to reflect the directive contained in the Praecipe and reissued Writ of Summons evidenced by the service of the Ul { ?, r Writ on Cassia Hoffman only. In examining the law relative to the amendment of pleadings, its axiomatic that a Plaintiff may not add a new Defendant after the applicable Statute of Limitations has expired. Hoare v. Bell Telephone Company of Pennsylvania 509 Pa. 57, 500 A.2d 1112 (1985). The issue becomes, in cases where the Statute of Limitations has expired and a party seeks to amend its pleading, whether the amendment merely corrects the name of the party, or adds a new party to the litigation. ,If an amendment constitutes a simple correction of the name of the party it should be allowed". Wicker v. Esposito. 500 Pa. 457, 457 A.2d 1260 (1983). It has been held that if the proper party was sued but under the wrong designation, the correction will be allowed. However, where the wrong party was sued and the amendment is designed to substitute another, distinct party it will be disallowed. Zercher v. Coca-Cola USA 438 Pa. Super 146, 651 A.2d 1133 (1994). Important to the determination is whether the right party is in Court as the result of service of process and was merely his or her designation which is sought to be changed. Powell I Sutliff, 410 Pa. 436,189 A.2d 854. Despite the fact in the instant case that the caption fails, inadvertently, to name Cassia Hoffman individually the reissued Writ of Summons has the same effect. The reissued Writ of Summons directs the Prothonotary to reissued the Writ as to Cassia Hoffman only and the reissued Writ was served only upon Cassia Hoffman and, significantly, both events occurred prior to the expiration of the Statute of Limitations. This Court has jurisdiction over Cassia Hoffman by virtue of the reissued Writ of Summons and the service of that Writ upon her within the Statute of Limitations pursuant to the Pennsylvania Rules of Civil Procedure by the Cumberland County Sheriff. With respect to jurisdiction over Peter Hoffman, counsel for the Defendant is incorrect that he was not served pursuant to Pennsylvania Rule of Civil Procedure 404 Pa. R.C.P. 404 provides for service of original process outside the Commonwealth of Pennsylvania and Pa. R.C.P. 403 allows service to be effectuated by certified mail. Attached hereto is a copy of the letter and the returned receipt signed for ffo!-? (1`04? by someone at the Hoffman residence. In addition, Mr. Hoffman was served pursuant to Pennsylvania Rule of Civil Procedure 404, via certified mail at his business address and again, the return receipt from the post office is signed. (See true and correct copies of both December 20, 1999 correspondence and the return receipt cards from the post office attached hereto, marked Exhibit 5). Dickinson College however, does not seek to pursue claims against Mr. Hoffman evidenced by the failure of the Complaint to contain allegations against him and by Plaintiffs counsel's willingness to execute a Stipulation dismissing the case as it pertained to him. Plaintiff's counsel did not however, intend to dismiss Dickinson College's claims against Cassia Hoffman by virtue of the dismissal of Peter Hoffman. Plaintiff believes that the reissued Writ of Summons has the effect of changing the caption as allowed by Pennsylvania Rule of Civil Procedure 402(b)(2) without leave of court during the limitations period. Moreover, counsel for the Plaintiff asserts that the reissued Writ of Summons is tantamount to an amendment of the caption to name Cassia A. Hoffman individually. B. Whether the Defendant should be required to file a more specific pleading. The Defendant objects to Plaintiffs Complaint because it fails to attach written college policies concerning use of candles in dorm rooms as nonspecific pleading in violation of Pennsylvania Rule of Civil Procedure 1028(a)(3). All documentation referred to in the Complaint was forwarded previously to Attorney Randall Sunshine, personal counsel to Peter Hoffman. Accordingly, the Plaintiff believes that all information necessary to answer the Complaint is in the hands of the Defendant's father. C. Whether the term "reckless" should be stricken from Plaintiff's Complaint as scandalous or impertinent. Defendant avers that paragraphs 11, 12, 14, 15 and 16 should be stricken as "scandalous or impertinent" pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2) because they contain the term "reckless". Defendant further alleges that the case of Britt v. Chestnut Hill College 632 A.2d 557 (Pa. Super 1993) stands for the proposition that "unless conduct is reckless which would warrant punitive damages the tern is irrelevant". Defendant's Brief in Support of Preliminary Objections, page 8. Defendant's reliance on the Britt case is misplaced. The Britt case holds that to prevail in a claim for intentional infliction of emotional distress, the Plaintiff must be able to demonstrate that Defendant's, by extreme and outrageous conduct, intentionally or recklessly caused Plaintiff severe emotional distress. The within suit does not contain claims for intentional infliction of emotional distress. Reckless conduct is defined as intentional act or failing to act in complete (reckless) disregard a risk of harm to others which is known or should be known to be highly probable and with a conscience indifference to the consequences. Plaintiff believes that ajury could conclude that lighting a candle and going to sleep could be reckless conduct which Cassia Hoffman knew or should have known could result in a fire at the dorm. D. Whether Defendant's Preliminary Objections be granted because Plaintiffs verification does not comply with Pennsylvania Rule of Procedure 1024. The Plaintiff acknowledges that an Attorney Verification was filed with the Complaint. A verification in compliance with Pennsylvania Rule of Civil Procedure 1024 will be filed promptly. E. Whether the service upon Cassia Hoffman should be set aside for failure to comply with Pennsylvania Rule of Civil Procedure 402. The reissued Writ of Summons was served by the Cumberland County Sheriff to an adult, Stephanie Porter, identified as a roommate of Cassia Hoffman on January 28, 2000. (A true and correct copy of the Return of Service is attached hereto previously marked, Exhibit 3). Pennsylvania Rule of Civil Procedure 402 provides that original process may be served by handing a copy at the residence of the Defendant to an adult member of the family with whom he resides or to an adult person in charge of such residence. In Hollinger v Hollinger. 416 Pa. 473, 206 A.2d 1 (1965), the Pennsylvania Supreme Court held that in the absence of fraud, a Sheriffs Return which is complete on its face is conclusive and immune from extrensic attack as the facts of which the Sheriff presumptively has personal knowledge. In the ).IN- instant case, the adult female at Cassia Hoffman's address identified herself as a roommate of Cassia Hoffman and accepted service of the Writ after presumably, expressing her willingness to transmit the document to Ms. Hoffman. There is absolutely no basis to find that the service of the reissued Writ upon Stephanie Porter on January 28, 2000 by the Cumberland County Sheriff was improper aside from the self serving affidavit filed by the Defendant. Accordingly, Plaintiff contends that the service of the reissued Writ of Summons by the Cumberland County Sheriff on Stephanie Porter was proper service of the Writ upon Cassia Hoffman. IV. CONCLUSION. Plaintiff respectfully requests this Court deny the Defendant's Preliminary Objections with respect to the Statute of Limitations, filing a more specific pleading, use of the term "reckless", and service of the reissued Writ of Summons upon Cassia Hoffman. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, ,SOLYMQS & CABINS By: l 4 AIVI I ( /,,/ Ann Margaret Grab, Esquire Attorney for Plaintiff Attorney ID# 55986 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, cz? No. Q7-Gcl Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of c Q; 0 CASSIAA. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: ?L` ? : C S n •. , , Issue summons in civil action in the above case. rz Writ of Summons shall be issued and forward to Attom /She ' . GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ,,ll qq Dated: t Jv?ll Br.rlde ? Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northem Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ROTHONOTARY/CLERK, CIVI Datea:tc.'-.2;?, (9T F 15Y: DEPUTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA / ?- DICKINSON COLLEGE, No - 17G3d 8!>: Plaintiff JURY TRIAL DEMANDED - VS. r7 •a PETER M. HOFFMAN. Individually and as Parent and Natural Guardian of CASSIA A.HOFFMAN, eC. ``-r -'c7 Defendants a ? PRAECIPE FOR SUMMONS c TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action In the above case. y omen Sheriff. shall be issued and forward tq Att ` / \ Writ of Summons GRIFFITH, STRICKLER, LERMAN, SOLYMOS 8 CALKINS 1 / ? / / d: P IIcq BY:JINVl? t i D e re a Ann Margare Grab, Esqu Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASIHAVE COMMENCED AN ACTION AGAINST YOU. A?a O N OTHONOTARYICLERK, CIVIL DIV -,.., n ' y - ?a 44 Date; , / DEPUTY i ? ,I l '-`I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. &?-(? ? L ?_oj Plaintiff JURY TRIAL DEMANDED Vs. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of _ CASSIA A. HOFFMAN, _ • ^J Defendants 1 •• T PRAECIPE FOR SUMMONS - J? TO THE PROTHONOTARY/CLERK OF SAID COURT. Issue summons In civil action in the above case. ?j A Writ of Summons shall be issued and forward to Attom Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 By? t( Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ?__1 OTHONOTARY/CLERK, CIVIL IL DIV Date. -, aar 199? Y: DEPUTY L ?" r°1 ZIj <'n (r--? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. No. 99-7630 JURY TRIAL DEMANDED PETER M. HOFFMAN, Individually and as c0 Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants ;? w ?G PRAECIPE ?C Please re-issue the Writ of Summons issued in the above-captioned matter on Decembe22 , 1999 as to Cassia A. Hoffman only. DATED: JANUARY 21, 2000 GRIFFITH, STRICKLER, LERMAN / SOLYMOS & CA WINS By: I 7 Alin arga t drab, Esquire Attorney for Plaintiff Attorney Id. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 0 _y n_ ;-I L rn o, n Zx ., _ .. CASE NO: 1999-070'30 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLALD DICKINSON COLLEGE VS HOFFMAN PETER M ET AL ..11 uc KENNET: GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS (REISSUED was served upon HOFFMA14 PETER M PARENT AND NP_T GUARD. CASSIA A HOFFMAN the DEFENDANT at 0019:55 HOURS, on the 28th day of January 2000 at 227 NORTH COLLEGE ST CP.RL-ISLE, PA 17013 by handing to STEP:DUM PORTER (ADULT ROOMMATE OF CASSIA A. HOFFMAN) a true and attested copv of WRIT OF SUMMONS (REISSUED together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this day of A. D. Prothonotary So Pnswers: R. T ma??ine T 02/0-/2000 GRIFFITH, STRICnER & LERPIA:V By: Decu i n iff a,Q- ww. TOTAL PACE.02 *w.. ''"1 zL3 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M..HOFFMAN Please discontinue the above-captioned action filed against.. Peter M. Hoffman with prejudice. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN,'• SOLYMOS & CALKINS By: Ael/t- Ann M. Grab / Attorney I.D. #55986 Attorney for Plaintiff. 110 South Noithern Way Date: York, PA 17402 SCHMIDT, RONCA & KRAMER, P.C. By: _,r Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman l -209 State Street Date: ? `3?fo Harrisburg, PA 17101 a4 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 4 AND NOW, this _ of August, 2000, I, Scott B. Cooper, attorney for defendant Peter M. Hoffman, hereby certify that I have served a true and correct copy of the Stipulation to Discontinue Action As To Peter M. Hoffman, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY : ?'.I? Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman 209 State Street Harrisburg, PA 17101 (717).232-6300 ¦ i m.? n A4 ROBERT HL GRIFFITH PCOERTM. STRICKLER ROBERTA, LERMAN' PETER 0. SOLYMOS CHARLES 0. CALKINS PAULO.LUTY MICHAEL S. SCHEIS' 'Alm Mmiw MO Bu 'LLM(Tu.60n);.Im M. WCT BW 'Alm M"Iw my .M D.C. 8. December 20, 1999 FIL E Copy LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. NORTHERN WAY YORK. PENNSYLVANU117402.3737 - TELEPHONE: (717) 757.7607 ANN MARGARET GRAB FAR 1717) 7574787 LISA M. MBERNAR00 EMAIL 90,15 , THOMAS U. SPONAUCLE WAYNE E. BRAOBURN. JR. 9 SOUTH MAIN STREET. SURE c SHREWSBURY. PA 17161.1526 SlrwswY Tlwww ..(717)71514n SMwmuY F=(717) 2152460 PLEASE ADDRESS ALL CORRESPONOENCE TO THE YORK OFFICE ADDRESS Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, 4511, 201 Los Angeles, CA 90028 Re: Dickinson College vs. Peter M. Hoffman, Parent and Natural Guardian of Cassia A. Hoffman Dear Mr. Hoffinan, Enclosed herewith please find a Writ of Summons, which has been filed in Cumberland County, Pennsylvania and is being served on you pursuant to Pennsylvania Rule of Civil Procedure 404. Very truly yours, Ann Margaret Grab jmb/AMG/dickins.ltr bcc: Christina Turner, The St. Paul Companies, Claim No. 2600 307792 011 aa-q '?-, ( ?, FILE LAW OFFICES • K GRIFFITH, STRICKLER, ERMAN, SOLYMOS b CALKINS ROBERT". GRIFFRH ROBER77A, STRICIQER ROBER7A LERMAN- PETER 0. SOLYMOS CHARLES B. CALNINS PAUL G. LUTZ' MICHAEL B. SCHEIB' 'Abu MAmtw MO Sr ZLM(T nMY.ANPmA tw CTBA, 'ANP Mm H, NY AI O.C, Bu December 20, 1999 Peter M. Hoffinan 9051 Oriole Way Los Angeles, CA 90069-1124 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 737.7882 FAX (717) 737.170 EMA11: g,NGDryP„u 9 SOUTH MAIN STREET SURE C SHRENSBURY, PA 17]81.1378 SNAr,eiAY TAbApNPnA: (717)233.1412 2"-b.Y FA¢ (717) 2112450 PLEASE AGGRESS ALL CORRESPONDENCE TO THE YORK OFFICE AOOREBS COPY USA At BERRµypO THOMAS S. SPONAUGLE WAYNE E. BRAOBURN, JR, Re: Dickinson College vs. Peter M. Hoffman, Parent and Natural Guardian Hoffman of Cassia A. Dear Mr. Hoffman, Enclosed herewith please find a Writ of Summons, which has been filed in Cumberland County, Pennsylvania and is being served on you pursuant to Pennsylvania Rule of Civil Procedure 404. Very truly yours, Ann Margaret Grab .Imh/AMG/dickins.ltr bcc: Christina Turner, The St, Paul Companies, Claim No. 2600 307792 011 Ir0 I O rr ? i r Completer items 1, 2, and 3. Also complete A. Received by (Pie= P IC r- . D e of Delivery- 1 Item 4 it Restricted Delivery is desired, /3g ¦ Print your name and address on the reverse so that we can return the card to you. C. Sig two ¦ Attach this card to the back of the mailpiece, x ? Agent or on the front if space permits. ? Addressee 1. Article Addressed lo: D. is defivey ts event hen Bern U YE e ye1v atlrev b l 1? ? Yes i ? N deter m. N0 man 1 ow. e ?6r• ,,, o 8051 qO ? Los 9Its, eA go?,r1-I?a? An ,h. s c, 3. a Type press Mal ? Reg 69 Return Receipt for Merchandise • ? Nsured Met.-' ? C.O.D. 4. Restricted Delivery? (Fsfm Fee) O Yes 2. Amide Number (Copy from ser6c z ass ? label) • .. . PS Form 3811, July 1999 Domestic Return RecdPt i, ;, r r: ? I L f02?59Sa&r,417ea .,I l i ._ r 1. •. i ?.: ? . .. '. _ _ ._ _?..__.__•__-_. ___.. ... _.?..._. t r ¦ Complete Items 1, 2, and 3. AJsopomplete' ?0. Received by (Please C e of item 4 if Restricted Delivery Is desired. r Print your name and address on the reverse C. Sk;Wl= so that we can return the card to you. 0 ant ¦ Attach this card to the back of the mailpieci x r, _ Addressee or on the front If space permits. -D. Is d 6ry address differed from Item 17- ? Ya 1. Article Addressed to: If YES, enter delivery address below. ? No raer m Doff man 1SIMInar,Rve) ArtsPiIWOE dil) , 711Jl on y '70F01+1 wood ?0, ../IIJ ?J r310? Type 3. Service eA qoo? ? ?ospr el?f certi K sdal Express , , ? Registered ? Return Relum Receipt for Merchandise ? Insured Mail ? C.O.D. • 4. Restricted Delivery? (Ezra Fee) ? Yes 2. Article Number (Copy Imm service labeq ., z?a7 a,i Otis PS from 3811, July 1999 Domestic Return Receipt M)2596s&M•i?e9j l? <eoal? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants No. 99-7630 Civil Term .. . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 41" day of October, 2000, 1, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Plaintiffs Brief in Opposition to Defendant's Preliminary Objections by United ' States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 Ann Margaret Grab / Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 n I, CASSIA A. HOFFMAN, verify that I am the Defendant in the foregoing action and that the attached Answer to Complaint Including New Matter ("Answer and New Matter") is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Answer and New Matter is that of counsel and is not mine. I have read the Answer and New Matter, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer and New Matter are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsifications made to authorities. 1?/ o o? DATE z3 1 CERTIFICATE OF SERVICE r, AND NOW, this 8th day of December, 2000, I, Scott B. Cooper, Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Answer Including New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Respectfully submitted, SCHMIDT, RONCA & KRAMER, DATE: 12/8/00 9 Scott B. Cooper I. D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attomey for Plaintiffs ?o- llt? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. CASSIA A. HOFFMAN, Defendant Civil Action - Law No.: 99-7630 Jury Trial Demanded REPLY TO NEW MATTER 1. Plaintiff realleges paragraphs 1 through 14 inclusive of its Complaint and incorporates same by reference herein as though fully set forth length. 2. Paragraph 2 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 3. Paragraph 3 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 4. Paragraph 4 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 5. Paragraph 5 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 6. Paragraph 6 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 7. Paragraph 7 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 8. Paragraph 8 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). x,33 p. 9. Paragraph 9 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(c). 10. Paragraph 10 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 11. Paragraph 11 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 12. Paragraph 12 states a conclusion of law and to that extent require no answer. To the extent an answer is required, same are deemed denied pursuant to Pa. R.C.P. 1029(e). 13. Cassia Hoffman was joined individually as a party to this case on January 21, 2000 via Praecipe reissuing a writ of summons. 14. Admitted. 15. Denied. Paragraph 15 constitutes a conclusion to which no responsive pleading is necessary and same is deemed denied. In the event a response is deemed necessary, it is averred that the Honorable Judge Edgar B. Bayley amended the caption of the within case by Court Order dated November 20, 2000 dismissing Defendant's Preliminary Objections and granting Plaintiff's Motion to Amend the Caption with respect to this very issue. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, together with interest and costs suit. )L `/" Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS CALKINS Ann Margaret Grab, Esquire Attorney for Plaintiff Attorney ID# 55986 110 South Northern Way York, PA 17402 (717) 757-7602 13r VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. Dated wf Uv GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Supreme Court I.D. #55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 BY:C Ann Margaret Grab, psquire'- 3 F?1 094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff Vs. No.: 99-7630 CASSIA A. HOFFMAN, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this e0l- day of December, 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Reply to New Matter by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS -wGtiG??1 ? , Ann Margaret Grab, Esquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 )37 ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. CASSIA A. HOFFMAN, Defendant Civil Action - Law No.: 99-7630 Jury Trial Demanded PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification of the Plaintiff for the verification of Plaintiffs counsel to Reply to New Matter which was filed in the above-captioned matter. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: II il-(-'b BY: ..Cl %i Ann Margaret Grab, Esquire Supreme Court I.D. #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ),39 VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: 9 6 6 Nickolas G. Stamos Dickinson College 140 OVA "Us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff VS. No.: 99-7630 CASSIA A. HOFFMAN, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 5th day of January, 2001, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Substitute Verification by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS (a,(lav .///,) / -` Ann Margaret Grab, Esquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 oz. / PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please List the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) DICKINSON COLLEGE VS. CASSIA A. HOFFMAN (Plaintiff) (Defendant) No. 99 _ Civil 7630 19 1. State matter to be argued (i.e., Plaintiff's motion for new trial, defendant's demurrer to carplaint, etc.): DEFENDANT CASSIA A. HOFFMAN'S MOTION FOR SUMMARY JUDGMENT 2. Identify counsel who wi]1 argue case: - (a) for Plaintiff: Ann Margaret Grab, Esquire Address: 110 South Northern Way York, PA 17402 (b) for defendant: Scott B. Cooper, Esquire Address: 209 State Street Harrisburg, PA 17101 3. I wi11 notify all parties in writing within two days that this case has been listed for argument. 4. Aunt Court Date: March 28, 2001 Dated: March 7, 2001 Attorney fcr Defendant ri r. . Y DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-7630 CASSIA A. HOFFMAN, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 7w day of March, 2001, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Praecipe by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 o-4 r Q C%j r ? ?pQ S U ? .C ti Diu L" W W r 7 . mn. . G p U 0 A DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-7630 CASSIA A. HOFFMAN, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, it is hereby ORDERED and DECREED that this matter, having come before this Court upon Defendant Cassia A. Hoffman's Motion for Summary Judgment, this Court having considered the pleadings filed, any opposition to the Motion, and any oral argument of the parties, and the Court finding that there is no genuine issue of material fact and Defendant Cassia A. Hoffman is entitled to judgment as a matter of law, that Defendant's Motion for Summary Judgment is GRANTED, and all claims against Cassia A. Hoffman are dismissed with prejudice. J. a (s' DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-7630 CASSIA A. HOFFMAN, Defendant c ? : JURY TRIAL DEMANDED ZI U 1 l C U r. 1 _ L Pursuant to Rule 1035.2 of the Pennsylvania Rules of Civil C Defendant Cassia A. Hoffman, through her counsel Schmidt, Ronca & Kramer, P.C., respectfully moves this Court for an Order granting summary judgment in her favor. As grounds therefore, Cassia A. Hoffman states: 1. This case arises out of a fire which occurred in a residence hall at Dickinson College on February 6, 1998. 2. Defendant's room and suite were burned and incurred property damage as a result of the fire. 3. Plaintiff alleges that Defendant was responsible for causing the fire and seeks to recover the cost of repairing the damage done by the fire. 4. On December 22, 1999, Plaintiff commenced this action by filing a Writ of Summons naming as the sole Defendant Peter Hoffman, Individually and as Parent and Natural guardian of Cassia Hoffman. (See Praecipe for Writ of Summons attached as Exhibit "A'). 5. The initial filing did not name Cassia Hoffman as a Defendant. a? ? 6. Peter Hoffman was served via certified mail on January 8, 2000. (See copies of green cards and Plaintiff's Brief in Opposition to Defendant's Preliminary objections at pps. 4-5 attached hereto as Exhibits "B" and "C", respectively). 7. The Plaintiff reissued the Writ of Summons on January 21, 2000 to add Cassia Hoffman as a Defendant. 8. The reissued Writ of Summons was served upon Cassia Hoffman's roommate on January 28, 2000. 9. The statute of limitations in this case expired on February 6, 2000. 10. On May 18, 2000, a Complaint was filed with the parties listed as Dickinson College, Timothy Manna and Catherine Manna, Samuel Deitch and Kathy Deitch, Plaintiffs v. Cassia A. Hoffman, Defendant. 11. The Plaintiff has stipulated that Peter M. Hoffman is not responsible in this case for Cassia Hoffman's conduct and stipulated to remove him as a Defendant. (See Exhibit "D"). 12. The Plaintiff added Cassia Hoffman to the action in the reissued Writ before obtaining Order of the Court or consent of Peter Hoffman. 13. The Plaintiff did not seek to amend the caption until on or about August 24, 2000. (See Exhibit "E"). 14. Cassia Hoffman was not properly joined as a party to the case until after the Statute of Limitations expired. 15. Under Rules 2232(a) and 2252 of the Pennsylvania Rules of Civil Procedure, only a Defendant or Additional Defendant may join a person not a party aYl ello? once a party has been served. Home Insurance Company v. Law Office of Jonathan DeYoune, 107 F.Supp. 2d 647 (E.D. Pa. 2000). 16. The Plaintiff was not allowed to add Cassia Hoffman in the reissued Writ once Peter Hoffman had been served without the consent of Peter Hoffman or Court Order. 17. Cassia Hoffman was not added to the caption or the case by the Court until November 20, 2000, approximately nine (9) months after the Statute of Limitations expired. 18. Plaintiff also did not seek permission to add Cassia Hoffman to the caption until August 2000, or approximately six (6) months after the Statute of Limitations expired. 19. Since Cassia Hoffman was not properly joined as a party until after the Statute of Limitations expired, this case should be dismissed as a matter of law. WHEREFORE, for the foregoing reasons and the reasons set forth in the accompanying Brief, Cassia A. Hoffman respectfully requests this Honorable Court to enter an Order granting this Motion for Summary Judgment and dismiss the Plaintiffs' claim with prejudice. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By Scott . Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Defendant Cassia A. Hoffman z?f ogm? 2-qq EXHIBIT A ,cam, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99- ^/620 (30L*( Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT• Issue summons in civil action in the above case. Writ of Summons shall be Issued and forward to Attom /She ' . Dated: GRIFFITH, STRICKLER, LERMAN, SOLYMOS 8 CALKINS BY: I?.c Gl? ?j Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 :r N C? Q c9 u? -%CLJ •- T, X17 A SUMMON IN CIVIL ACTION To: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 c ' Lj -? L1 l YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Datej L44'i OTHONOTARY/CLERK, CIVIL DIV N Y DEPUTY Z D A ?a EXHIBIT B l'1 ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired, A. Received by (Pkesa ¦ Print your name and address on the reverse so that we can return the card to you. C. Sig ture ¦ Attach this card to the back o(lhe maiipleea, x or on the front if space pe'Mile. 1. Anklo Addressed to: D. hdeW&y d; Teter M. NofI-mtY) "y 8051 Oriole ?Ja?y c c.os A•n 9flj ?s, eROgoJ-l?a? of ? Agent from aem 17 ? Ye m below: ? No ,J 3. io Type J prm Mail ? Fteg 6SS? Return Receipt for Me handise ? Insured Mail- ' ? C,O.D. 4. Restricted Degvery7 (Ertm Fee) ? Yes 2. Article Number (Copy dom s&W, Wbe/J Z' a-15 533f?L tti i il ii ii iii i ii ii PS Form 3811, July 1999 Domestic Return . , ; • Receipt 1os9s9sM•ne9 i ¦ Complete Items 1, 2, and 3. Also.compiete 7A. R=Ind by (Please C a of item 4 if Restricted Delivery is desired. •-"^ • sra ¦ Print your name and address on the reverse C. signatum so that we can return the card to you. ? nt s Attach this card to the back of the meilpiece,: or on the front if space permits. X dL , ? Addressee Article Mtlress'ed to: 1 D. Is d ery address ddermt from item 1? ? Yes . ?'e?er m' FlOffman 11 YES, enter delivery address below. ? No 1Serninar,?v?nArtsPie+?t??r e?? vr? o t n 1 ?^ ? 70?b1+111 WOOd rJIool. 1 Slf Ovi 3. Service Type ID r p '?S ell ")OOA? Lod W(C ?ed Mail ?s Mail 0 . , . ? Registered ? Return Return Receipt for Merchandise J ? Insured Mail ? C.O.D. ' 4. Reuricted Delivery? (Extra Fee) ? Yes 2. Article umber (Copy lrom service WDep ' z ? a7 aL I ass ' PS Form 3811,:: July 1999 ' :,z Domestic Return Receipt 102595.99-M-1789 dill A. H 4 n ?53 EXHIBIT C ANN _ ? , _ ? r n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Term Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS I. STATEMENT OF FACTS AND PROCEDURAL HISTORY. On February 6, 1998 Cassia A. Hoffman was a student a Dickinson College and allegedly started a fire in a dorm room which resulted in property damage to the college. The within suit was instituted by Praecipe for Writ of Summons filed on December 22, 1999. The Praecipe, a copy of which is attached marked Exhibit 1, bad the following caption: DICK.TY-FOY COLLEGE V. PETER M. HOFFM",, individually and as parent and natural guardian of CASSL4 A. HOFFMAN. The Prothonotary was directed to forward the Writ to the Sheriff for service on Cassia A. Hoffman and to return the Writ addressed to Peter Hoffinan to counsel for service. The Writ of Summons was served in Mr. Hoffman in California at his home address and at his place of employment, via certified mail and signed for pursuant to Pennsylvania Rule of Civil Procedure 404. The Sheriff attempted to serve the Writ on Cassia Hoffman on twelve occasions but was unable to do so, presumably due to the college's holiday break. Thereafter, counsel for the Plaintiff continued an investigation into whether there was any basis for suit against Mr. Hoffman in light of the fact that his daughter was an adult at the time of the fire and Mr. Hoffman was not involved in the actual events of February 6, 1998. Counsel for the Plaintiff looked ash 1 e? at college admittance records to determine whether or not Mr. Hoffman had agreed to be responsible for the actions of his daughter while a student at Dickinson College. Because counsel for the Plaintiff could not get service on Cassia A. Hoffman at her address in Carlisle, a Praecipe to reissue the Writ of Summons, with respect to Cassia A. Hoffman only, was filed on January 21, 2000. (A true and correct copy of Praecipe to reissue the Writ of Summons is attached marked, Exhibit 2). The reissued Writ was served on Stephanie Porter, an adult roommate of Cassia Hoffman on January 28, 2000. (A true and correct copy of the Sheriffs Return is attached marked, Exhibit 3). Accordingly, Cassia A. Hoffman was served with the Writ of Summons by the Sheriff of Cumberland County prior to the expiration of the Statute of Limitations. Counsel for the Plaintiff did not amend the caption to reflect that Cassia Hoffman was being sued individually and as the only Defendant due to oversight. Thereafter, a Complaint naming only Cassia A. Hoffman was filed on May 18, 2000 and sent via regular and certified mail to Cassia A. Hoffman at her Carlisle address. The Complaint does not name Peter Hoffman as a Defendant nor does it contain allegations against him. Peter Hoffman was provided with a courtesy copy of the Complaint through his attorney, Randall Sunshine, with whom Plaintiffs counsel had conversations after the service of the original Writ of Summons. Counsel for the Plaintiff filed a Notice of Intent to Enter Default Judgment against Cassia A. Hoffman on August 2, 2000 and sent it via certified and regular mail to Cassia A. Hoffman's Carlisle address. The caption on the Notice was the same as that on the Complaint, in that it named Cassia A. Hoffman as the only Defendant. Plaintiff acknowledges that the claims of Timothy and Catherine Manna and Samuel and Kathy Deitch added with the filing of the Complaint are barred by the applicable Statute of Limitations. The claims of Dickinson College against Cassia A. Hoffman however, are not so barred and are the subject of Plaintiffs Motion to Amend the Caption and Defendant's Preliminary Objections. Counsel for the Defendant, contacted counsel for the Plaintiff and indicated that he had been ass 1 flul? retained to defend the interest of the Hoffman's and asked that a Stipulation be signed dismissing Peter Hoffman from the suit in as much as the Complaint did not contain allegations against him. Plaintiff's counsel agreed, obviously believing that the action remained as it pertained to Cassia A. Hoffman. The Stipulation was prepared by Defense counsel and names Cassia A. Hoffman as a Defendant and was signed by Plaintiffs counsel. (See Stipulation attached hereto marked, Exhibit 4). II. ISSUES. A. Is Plaintiff's cause of action against Cassia A. Hoffman barred by the applicable Statute of Limitations? B. Should the Plaintiff be required to file a more specific pleading? C. Should the term "reckless" be stricken from paragraphs 11, and 16? D. Should a Praecipe to Substitute Verification be filed? E. Was service of the reissued Writ of Summons upon Cassia Hoffman proper? III. ARGUMENT. A. Statute of Limitations. While it is correct that Cassia Hoffman was not named individually in the caption on the original Writ of Summons filed on December 22, 1999, counsel for the Defendant ignores the reissued Writ of Summons filed on January 20, 2000. That Praecipe directs the Prothonotary to reissue the Writ of Summons as it pertains to Cassia A. Hoffman only. The Praecipe to Reissue the Writ of Summons names Cassia Hoffman individually despite the technical error in the caption. Also, significantly, the reissued Writ and the service by the Sheriff of the reissued Writ were both completed prior to the expiration of the Statute of Limitations. As argued in Plaintiffs Motion to Amend the Caption, the amendment requested herein to the caption does not add an additional party but merely seeks to reflect the directive contained in the Praecipe and reissued Writ of Summons evidenced by the service of the A t O.64 Writ on Cassia Hoffman only. In examining the law relative to the amendment of pleadings, its axiomatic that a Plaintiff may not add a new Defendant after the applicable Statute of Limitations has expired. Hoare v. Bell Telephone Company of Pennsylvania. 509 Pa. 57, 500 AN 1112 (1985). The issue becomes, in cases where the Statute of Limitations has expired and a party seeks to amend its pleading, whether the amendment merely corrects the name of the party, or adds a new party to the litigation. "If an amendment constitutes a simple correction of the name of the party it should be allowed". Wicker v. Esposito. 500 Pa. 457,457 A.2d 1260 (1983). It has been held that if the proper party was sued but under the wrong designation, the correction will be allowed. However, where the wrong party was sued and the amendment is designed to substitute another, distinct party it will be disallowed. Zercher v. Coca-Cola USA. 438 Pa. Super 146, 651 A.2d 1133 (1994). Important to the determination is whether the right party is in Court as the result of service of process and was merely his or her designation which is sought to be changed. Powell v. Sutliff. 410 Pa. 436,189 AN 854. Despite the fact in the instant case that the caption fails, inadvertently, to name Cassia Hoffman individually the reissued Writ of Summons has the same effect. The reissued Writ of Summons directs the Prothonotary to reissued the Writ as to Cassia Hoffman only and the reissued Writ was served only upon Cassia Hoffman and, significantly, both events occurred prior to the expiration of the Statute of Limitations. This Court has jurisdiction over Cassia Hoffman by virtue of the reissued Writ of Summons and the service of that Writ upon her within the Statute of Limitations pursuant to the Pennsylvania Rules of Civil Procedure by the Cumberland County Sheriff. With respect tojurisdiction over Peter Hoffman, counsel for the Defendant is incorrect that he was not served pursuant to Pennsylvania Rule of Civil Procedure 404 Pa. R.C.P. 404 provides for service of original process outside the commonwealth of Pennsylvania and Pa. R.C.P. 403 allows service to be effectuated by certified mail. Attached hereto is a copy of the letter and the returned receipt signed for 07 by someone at the Hoffman residence. In addition, Mr. Hoffman was served pursuant to Pennsylvania Rule of Civil Procedure 404, via certified mail at his business address and again, the return receipt from the post office is signed. (See true and correct copies of both December 20, 1999 correspondence and the return receipt cards from the post office attached hereto, marked Exhibit 5). Dickinson College however, does not seek to pursue claims against Mr. Hoffman evidenced by the failure of the Complaint to contain allegations against him and by Plaintiffs counsel's willingness to execute a Stipulation dismissing the case as it pertained to him. Plaintiff's counsel did not however, intend to dismiss Dickinson College's claims against Cassia Hoffman by virtue of the dismissal of Peter Hoffman. Plaintiff believes that the reissued Writ of Summons has the effect of changing the caption as allowed by Pennsylvania Rule of Civil Procedure 402(b)(2) without leave of court during the limitations period. Moreover, counsel for the Plaintiff asserts that the reissued Writ of Summons is tantamount to an amendment of the caption to name Cassia A. Hoffman individually. B. Whether the Defendant should be required to file a more specific pleading. The Defendant objects to Plaintiff's Complaint because it fails to attach written college policies concerning use of candles in dorm rooms as nonspecific pleading in violation of Pennsylvania Rule of Civil Procedure 1028(a)(3). All documentation referred to in the Complaint was forwarded previously to Attorney Randall Sunshine, personal counsel to Peter Hoffman. Accordingly, the Plaintiff believes that all information necessary to answer the Complaint is in the hands of the Defendant's father. C. Whether the term "reckless" should be stricken from Plaintiffs Complaint as scandalous or impertinent. Defendant avers that paragraphs 11, 12, 14, 15 and 16 should be stricken as "scandalous or impertinent" pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2) because they contain the term "reckless". Defendant further alleges that the case of Britt v. Chestnut Hill Collm 632 A.2d 557 (Pa. Super 1993) stands for the proposition that "unless conduct is reckless which would warrant punitive A r damages the term is irrelevant". Defendant's Brief in Support of Preliminary Objections, page 8. Defendant's reliance on the Britt case is misplaced. The Britt case holds that to prevail in a claim for intentional infliction of emotional distress, the Plaintiff must be able to demonstrate that Defendant's, by extreme and outrageous conduct, intentionally or recklessly caused Plaintiff severe emotional distress. The within suit does not contain claims for intentional infliction of emotional distress. Reckless conduct is defined as intentional act or failing to act in complete (reckless) disregard a risk of harm to others which is known or should be known to be highly probable and with a conscience indifference to the consequences. Plaintiff believes that ajury could conclude that lighting a candle and going to sleep could be reckless conduct which Cassia Hoffman knew or should have known could result in a fire at the dorm. D. Whether Defendant's Preliminary objections be granted because Plaintiffs verification does not comply with Pennsylvania Rule of Procedure 1024. The Plaintiff acknowledges that an Attorney Verification was filed with the Complaint. A verification in compliance with Pennsylvania Rule of Civil Procedure 1024 will be filed promptly. E. Whether the service upon Cassia Hoffman should be set aside for failure to comply with Pennsylvania Rule of Civil Procedure 402. The reissued Writ of Summons was served by the Cumberland County Sheriff to an adult, Stephanie Porter, identified as a roommate of Cassia Hoffman on January 28, 2000. (A true and correct copy of the Return of Service is attached hereto previously marked, Exhibit 3). Pennsylvania Rule of Civil Procedure 402 provides that original process may be served by handing a copy at the residence of the Defendant to an adult member of the family with whom he resides or to an adult person in charge of such residence. In Hollinger v Hollinger. 416 Pa. 473, 206 A.2d 1 (1965), the Pennsylvania Supreme Court held that in the absence of fraud, a Sheriffs Return which is complete on its face is conclusive and immune from extrensic attack as the facts of which the Sheriff presumptively has personal knowledge. In the w / instant case, the adult female at Cassia Hoffman's address identified herself as a roommate of Cassia Hoffman and accepted service of the Writ after presumably, expressing her willingness to transmit the document to Ms. Hoffman. There is absolutely no basis to find that the service of the reissued Writ upon Stephanie Porter on January 28, 2000 by the Cumberland County Sheriff was improper aside from the self serving affidavit filed by the Defendant. Accordingly, Plaintiff contends that the service of the reissued Writ of Summons by the Cumberland County Sheriff on Stephanie Porter was proper service of the Writ upon Cassia Hoffman. IV. CONCLUSION. Plaintiff respectfully requests this Court deny the Defendant's Preliminary Objections with respect to the Statute of Limitations, filing a more specific pleading, use of the term "reckless", and service of the reissued Writ of Summons upon Cassia Hoffman. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, -SOLYMQS & CAbINS By: 6?/lam/ / 1 / // Ann Margazet Grab, FT.suireq Attorney for Plaintiff Attorney ID# 55986 110 South Northern Way York, PA 17402 (717) 757-7602 a6o b:, n 41 EXHIBIT D DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 V. PETER M. HOFFMAN and CIVIL TERM CASSIA HOFFMAN, Defendants JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M..HOFFMWt4 Please discontinue the above-captioned action filed agaiiist:.•'; Peter M. Hoffman; with prejudice. gym' c:. Respectfully submitted; ' GRIFFITH, STRICKLER, LERMAN ci SOLYMOS & CALKINS g _• By. Ann M. Grab Attorney I.D. #55986 J Attorney for. Plaintiff. • 110 South Northern Way i Date: : 0 f Jv9 York, PA 17902 SCHMIDT, RONCA &.K'RAMER/ P.C. By. Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman Date: 300 209 State Street Harrisburg, PA 17101 -, ).L3 EXHIBIT E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Term Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants MOTION FOR LEAVE TO AMEND CAPTION 1. Plaintiff commenced the within civil action by filing a Praecipe for Writ of Summons in Cumberland County on December 22, 1999. (A true and correct copy of the Writ of Summons is attached hereto, marked Exhibit 1). 2. The caption read Dickinson College versus Peter M. Hoffman, parent and natural guardian of Cassia A. Hoffman and a docket number of 99-7630 Civil Term was assigned. 3. The cause of action arises out of a fire which occurred at Dickinson College on February 6, 1998, for which the Plaintiff believes Cassia A. Hoffman or her guardian, Peter M. Hoffman may have had legal responsibility. 4. The original Writ of Summons could not be served upon Cassia A. Hoffman, and a Praecipe directing the Prothonotary to "Re-issue the Writ of Summons as to Cassia A. Hoffman only" was filed on January 21, 2000. (A true and correct copy of the Praecipe re-issuing the Writ of Summons is attached hereto, marked Exhibit 2). 5. The re-issued Writ of Summons was served by the Cumberland County Sheriff on January 28, 2000 and accepted by an adult, Stephanie Porter, a roommate of Cassia Hoffman. (A true and correct copy of the Sheriffs Return of Service attached hereto, marked Exhibit 3). t 04o 6. Thereafter, a Complaint was f iled naming as the Defendant only, Cassia A. Hoffman. (A true and correct copy of the Complaint is attached hereto, marked Exhibit 4). 7. Cassia Hoffman was not named individually in the caption on the original Praecipe for Summons or the Praecipe to re-issue the Writ of Summons. 8. At all times relevant to this matter, Cassia Hoffman has been an adult. 9. Despite counsel's failure to name Cassia Hoffman individually in the caption, she was served with the re-issued Writ of Summons within the 2 year Statute of Limitations. 10. Receiving no response to the Complaint filed on May 18, 2000, Plaintiff filed a 10 day Notice of Intent to Take Default Judgment which was forwarded only to Cassia Hoffman. 11. Thereafter, contact was made with Scott B. Cooper, Esquire indicating that he had been retained to defend and wanted a Stipulation dismissing the action as it pertained to his client, Peter M. Hoffman. 12. Plaintiff's re-issued Writ of Summons was directed solely to Cassia Hoffman because Plaintiff's had determined that a cause of action did not lie in negligence against Peter Hoffman for the actions of his daughter. Plaintiff's counsel agreed to dismiss the case as it pertained to Peter Hoffman, believing that the cause of action against Cassia A. Hoffman remained. 13. The Stipulation prepared by Attorney Cooper and filed with this Court, lists both Cassia Hoffman and Peter Hoffman as Defendants. (A true and correct copy of the Stipulation signed by the parties is attached hereto, marked Exhibit 5). 14. Attorney Cooper advised orally, that he would also be defending Cassia Hoffman. 15. There is no prejudice to Cassia Hoffman in allowing the caption of the case to be amended to reflect that she individually is the sole Defendant. 16. Cassia A. Hoffman's name appears on the original Writ, the re-issued Writ is directed specifically to her, and she was served with the re-issued Writ within the Statue of Limitations. 17. The requested amendment does not add a party or a cause of action. Rather, the C n amendment corrects a procedural error in the caption in that Cassia Hoffman is not named individually. 18. Pennsylvania Rule of Civil Procedure 126 provides that the Rules shall be liberally construed to secure the just speedy and inexpensive determination o of every action or proceeding to which they are applicable. The Court at every stage of any action or proceeding may disregard any error or defective procedure which does not effect the substantial rights of the parties. Pa. R.C.P. § 126 19. Pennsylvania Rule of Civil Procedure 401(b)(2) provides that a Writ may be re-issued or a Complaint reinstated at any time, or in any number of times. A new party Defendant may be named in a re-issued Writ or a reinstated Complaint. Pa. R.C.P. 401(b)(2) 20. Pennsylvania Rule of Civil Procedure 402 provides that original process may be served by handing a copy of the document to an adult person at the Defendant's residence. Pa. R.C.P. 402 21. Finally, Pennsylvania Rule of Civil Procedure 1003 provides for the liberal amendment of pleadings to correct the name of a patty. Pa. R.C.P. 1003 22. In as much as Cassia A. Hoffman was listed on the re-issued Writ of Summons and was served with the Writ of Summons within the Statute of Limitations, Plaintiffs request for leave to amend the caption should be granted. WHEREFORE, Plaintiff respectfully requests this Court grant leave to amend the caption of the case to read Dickinson College vs. Cassia A. Hoffman. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By hfi 10 Ann Margaret Grab, Esquire Attorney I.D. #55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 1? , 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99.7630 Civil Term Plaintiff JURY TRIAL DEMANDED VS. PETER M. ROFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants CERTIFICATE OF SERVICE AND NOW, thiso day of August, 2000, I, Ann Margaret Grab, a member of the fine of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion for Leave to Amend Caption by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS j Ann Margaret Grab, squire Supreme Court ID o. 55986 110 South Northern Way York, Pennsylvania 17402 .? (717) 757-7602 i? ! t V A ? V DICKINSON COLLEGE, Plaintiff V. CASSIA A. HOFFMAN, Defendant n : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7630 JURY TRIAL CERTIFICATE OF SERVICE AND NOW, this 7w day of March, 2001, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: .1 Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 !I )-4 A ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff Civil Action - Law VS. CASSIA A. HOFFMAN, Defendant No.: 99-7630 Jury Trial Demanded ORDER AND NOW, to wit, this day of 2001, upon consideration of Defendant's Motion for Summary Judgment and Supporting Brief and Plaintiffs opposition thereto, it is hereby ORDERED that Defendant's Motion for Summary Judgment is denied. S By the Court, J. 1-f.7 ?"IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff VS. No.: 99-7630 CASSIA A. HOFFMAN, Defendant Jury Trial Demanded PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. The writ of Summons filed on December 22, 1999, attached as Exhibit A to Defendant's Motion for Summary Judgment is a legal document which speaks for itself. 6. Admitted. 7. Denied. Both the original Writ and the reissued Writ were filed as though Cassia Hoffman had been named individually and both were filed with instructions for the Sheriff to serve her individually at her Carlisle residence. The original Writ of Summons was technically defective in that it did not contain "and Cassia Hoffman, individually". The reissued Writ was not filed to add Ms. Hoffman as counsel believed she had been properly identified in the original Writ but, to maintain the viability of the Writ. (True and correct copies of the original Writ and the reissued Writ are attached hereto, marked Exhibit 1 and 2). 8. . Admitted. 9. Admitted. 270 10. Admitted. 11. Admitted. 12. Denied. Both the original and the reissued Writ of Summons were filed as though Cassia Hoffman had been named an individual in that both were filed with instructions for the Sheriff to serve her individually at her Carlisle residence. The original Writ of Summons was technically defective in that it did not contain "and Cassia Hoffman, individually". The reissued Writ was not filed to add Cassia Hoffman, but to allow for proper service upon her. 13. Admitted. 14. Denied. A Praecipe directing the Prothonotary of Cumberland County to reissue the Writ of Summons as pertained to Cassia Hoffman only was filed on January 21, 2000 and that reissued Writ of Summons was properly served by the Cumberland County Sheriff on January 28, 2001, both prior to the expiration of the Statute of Limitations. Moreover, this Court has addressed this specific issue and held to the contrary. See Judge Edgar B. Bayley's November 20, 2000 Order and Opinion attached hereto, marked Exhibit 3. 15. Denied. Cassia Hoffman was a party named in the reissued Writ and served by the Sheriff prior to the expiration of the Statute of Limitations. Pennsylvania Rule of Civil Procedure 401 (b)(2) permits a Writ to be reissued or a Complaint reinstated at any time or any number of times. A new party Defendant may be named in a reissued Writ. 16. Denied. Pennsylvania Rule of Civil Procedure 401 (b)(2) permits Writs to be reissued and allows for a new party to be named in a reissued Writ regardless of service upon other Defendants. Pennsylvania Rule of Civil Procedure 2229 (b) provides, "a Plaintiff may join as Defendants, persons against whom Plaintiff asserts any right to relief.., in respect of or arising out 2 d.11 III-- r. of the same transaction, occurrence, or series of transactions or occurrences if any common question of law or fact is present." 17. Denied. The reissued Writ of Summons effectively corrected the technical error of the original Writ and was served upon Cassia Hoffman prior to the expiration of the Statute of Limitations. 18. It is admitted that Plaintiff did not file a Motion to Amend the Caption until August 28, 2000. A true and correct copy of the Plaintiffs Motion is attached hereto, marked Exhibit 4. 19. Denied. The reissued Writ of Summons effectively corrected the technical error of the original Writ and was served upon Cassia Hoffman prior to the expiration of the Statute of Limitations. WHEREFORE, Plaintiff respectfully requests this Court enter and Order denying Defendant's Motion for Summary Judgment. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, nSOLYMOS & C LKI iS By: l?/VLI/` ANN MARGARET GRAB, ESQUIRE Attorney for Plaintiff Attorney ID# 55986 110 South Northern Way York, PA 17402 (717) 757-7602 3 a.Ia- r'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff No. 99- 100 JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as c -, Parent and Natural Guardian of -• CASSIA A. HOFFMAN. Defendants U, PRAECIPE FOR SUMMONS G _ JR7 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. Writ of summons shall be issued and forward to Attom /xS?ff'/ GRIFFISOLYMOS & CALK NSAN, STRICKLER, BY:!l Gl i/ Dated: )JI c`I Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attomey for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Cassia A. Hoffman 217 North College Street Carlisle, PA 17013 AMED PLAINTIFF(S) HAS/HAVE COMMENCED YOU ARE NOTIFIED THAT THE ABOVE-N AN ACTION AGAINST YOU. ROTHONOTARY/CLERK, CIVIL DIV N Date?2, L44'F Y. DEPUTY Z71- .r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C_ DICKINSON COLLEGE, c n cC?c 1, l " No. " -76-30 Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN. - -:rte Defendants = c`_ PRAECIPE FOR SUMMONS M TO THE PROTHONOTARY/CLERK OF SAID COURT: y Issue summons in civil action in the above case. Writ of Summons shall be issued and forward t Attome Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 1 ?f Dated: I ??I ??I BY r(C?Grti Ann Margare Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. THONOTARY/CLERK, CIVIL DIV ON Date: a, 1445' (@Y_- DEPUTY )-'?6 /'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, • r No. Q7 7? l? Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants C'' PRAECIPE FOR SUMMONS y- ""• ' TO THE PROTHONOTARY/CLERK OF SAID COURT: 1 r Issue summons in civil action in the above case. Writ of Summons shall be issued and forward to Attome Sheriff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: WROI "7 i To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 BY! ?/'U'tl1? / (/ Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY/CLEF K, CIVIL DIV Date:?EC_. aoZ (QQS' ?Y• LI.O _a ?iu'q, f r DEPUTY -? ?-76 4 ' I..,ir,ll vA i I 13 7 - r"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff No. 99-7630 JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as cz-? Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants G?03 ,-; V r L: j? PRAECIPE - a the above-captioned matter on DecembeK22 d i i ,:_j n ssue Please re-issue the Writ of Summons 1999 as to Cassia A. Hoffman only. DATED: JANUARY 21, 2000 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CA KINS By: Ann argah:t rab, Esquire Attorney for Plaintiff Attorney Id. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 0 1,.7 ? /01 oo? i' DICKINSON COLLEGE, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER M. HOFFMAN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF CASSIA A. HOFFMAN, : 99-7630 CIVIL TERM DEFENDANTS EFORE BAVI EY J AND OLER. J. OgDg OF COURT AND NOW, this day of November, 2000, IT IS ORDERED: (1) Plaintiff shall, within fifteen (15) days of this date; file a verification to its complaint. (2) All other preliminary objections of defendant to plaintiffs complaint, ARE DISMISSED. (3) The caption is amended to read: "Dickinson College, Plaintiff v. Cassia A. Hoffman, Defendant." By Edgar B. Bayley, J. >: `'"??9 4v?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Term Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PROPOSED ORDER AND KNOW, to wit, this day of , 2000, upon consideration of the Plaintiffs Motion for Leave to Amend the caption of the within action, it is hereby ORDERED that leave of court is granted and that the caption may be amended to read as follows, Dickinson College, Plaintiff versus Cassia A. Hoffman, Defendant. By the Court, Judge )S)- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff No. 99-7630 Civil Tenn JURY TRIAL DEMANDED VS. v - r ii - PETER M. HOFFMAN, Individually and as c? Parent and Natural Guardian of { 5 CASSIA A. HOFFMAN, Defendants t a -: MOTION FOR LEAVE TO AMEND CAPTION 1. Plaintiff commenced the within civil action by filing a Praecipe for Writ of Summons in . Cumberland County on December 22, 1999. (A true and correct copy of the Writ of Summons is attached hereto, marked Exhibit 1). 2. The caption read Dickinson College versus Peter M. Hoffman, parent and natural guardian of Cassia A. Hoffman and a docket number of 99-7630 Civil Term was assigned. 3. The cause of action arises out of a fire which occurred at Dickinson College on February 6, 1998, for which the Plaintiff believes Cassia A. Hoffman or her guardian, Peter M. Hoffinan may have had legal responsibility. 4. The original Writ of Summons could not be served upon Cassia A. Hoffman, and a Praecipe directing the Prothonotary to "Re-issue the Writ of Summons as to Cassia A. Hoffman only" was filed on January 21, 2000. (A true and correct copy of the Praecipe re-issuing the Writ of Summons is attached hereto, marked Exhibit 2). 5. The re-issued Writ of Summons was served by the Cumberland County Sheriff on January 28, 2000 and accepted by an adult, Stephanie Porter, a roommate of Cassia Hoffinan. (A true and correct copy of the Sheriff's Return of Service attached hereto, marked Exhibit 3). V 6. Thereafter, a Complaint was filed naming as the Defendant only, Cassia A. Hoffman. (A true and correct copy of the Complaint is attached hereto, marked Exhibit 4). 7. Cassia Hoffman was not named individually in the caption on the original Praecipe for Summons or the Praecipe to re-issue the Writ of Summons. 8. At all times relevant to this matter, Cassia Hoffman has been an adult. 9. Despite counsel's failure to name Cassia Hoffman individually in the caption, she was served with the re-issued Writ of Summons within the 2 year Statute of Limitations. 10. Receiving no response to the Complaint filed on May 18, 2000, Plaintiff filed a 10 day Notice of Intent to Take Default Judgment which was forwarded only to Cassia Hoffman. 11. Thereafter, contact was made with Scott B. Cooper, Esquire indicating that he had been retained to defend and wanted a Stipulation dismissing the action as it pertained to his client, Peter M. Hoffman. . 12. Plaintiff's re-issued Writ of Summons was directed solely to Cassia Hoffman because Plaintiff's had determined that a cause of action did not lie in negligence against Peter Hoffman for the actions of his daughter. Plaintiff's counsel agreed to dismiss the case as it pertained to Peter Hoffman, believing that the cause of action against Cassia A. Hoffman remained. 13. The Stipulation prepared by Attorney Cooper and filed with this Court, lists both Cassia Hoffman and Peter Hoffman as Defendants. (A true and correct copy of the Stipulation signed by the parties is attached hereto, marked Exhibit 5). 14. Attorney Cooper advised orally, that he would also be defending Cassia Hoffman. 15. There is no prejudice to Cassia Hoffman in allowing the caption of the case to be amended to reflect that she individually is the sole Defendant. 16. Cassia A. Hoffman's name appears on the original Writ, the re-issued Writ is directed specifically to her, and she was served with the re-issued Writ within the Statue of Limitations. 17. The requested amendment does not add a party or a cause of action. Rather, the 1 .1 01",M n amendment corrects a procedural error in the caption in that Cassia Hoffman is not named individually. 18. Pennsylvania Rule of Civil Procedure 126 provides that the Rules shall be liberally construed to secure the just speedy and inexpensive determination of every action or proceeding to which they are applicable. The Court at every stage of any action or proceeding may disregard any error or defective procedure which does not effect the substantial rights of the parties. Pa. R.C.P. § 126 19. Pennsylvania Rule of Civil Procedure 401(b)(2) provides that a Writ may be re-issued or a Complaint reinstated at any time, or in any number of times. A new party Defendant may be named in a re-issued Writ or a reinstated Complaint. Pa. R.C.P. 401(b)(2) 20. 'Pennsylvania Rule of Civil Procedure 402 provides that original process may be served by handing a copy of the document to an adult person at the Defendant's residence. Pa. R.C.P. 402 . 21. Finally, Pennsylvania Rule of Civil Procedure 1003 provides for the liberal amendment of pleadings to correct the name of a party. Pa. R.C.P. 1003 22. In as much as Cassia A. Hoffman was listed on the re-issued Writ of Summons and was served with the Writ of Summons within the Statute of Limitations, Plaintiff's request for leave to amend the caption should be granted. WHEREFORE, Plaintiff respectfully requests this Court grant leave to amend the caption of the case to read Dickinson College vs. Cassia A. Hoffman. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By ti /,)- min Margaret Gra , Esquire Attorney I.D. #55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 (717) 757-7602 LTC r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA / DICKINSON COLLEGE, No (? 7. ^fte3? ?Uc Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. Writ of Summons shall be issued and forward to Attorney GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: I:r I JVI ! BY:LILlI?/ I ; / I Ann Margaret Grab Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Cassia A, Hoffman 217 North College Street Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ROTHONOTARY/CLERK, CIVIL DIV N oate _.22 C44F ey: DEPUTY _ ?. Cj .. . ,: YO IN THE COURT OF COMMOl tPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE No Plaintiff JURY TRIAL DEMANDED VS. _ - ' PETER M. HOFFMAN, Individually and as - Parent and Natural Guardian of CASSIA A. HOFFMAN, _ Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: y Issue summons in civil action in the above case. Writ of Summons shall be issued and forward tq tt me "(Sheriff. GRIFFITH, STRICKLER, LERMAN, . SOLYMOS & CALKINS Dated: 1 ?G f ??? 8Y rWtri / / Ann Margare Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION To: Peter M. Hoffman Seminar Seven Arts Pictures/Cine Vision 7080 Hollywood Boulevard, #511, 201 Los Angeles, CA 90028 ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. OTHONOTARY/CLERK, CIVIL DIV ON Date:a,-Zao 44 f Y: DEPUTY ?V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, r Plaintiff_ No. Z 9? 7 JURY TRIAL DEMANDED' VS. PETER M. HOFFMAN, Individually and as ?; ?: , .• Parent and Natural Guardian of _- CASSIA A. HOFFMAN, - - Defendants • GAT:: i•J f PRAECIPE FOR-SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT- Issue summons in civil action in the above case. Writ of Summons shall be issued and forward to Atto a sheriff. - Dated: To: Peter M. Hoffman 9051 Oriole Way Los Angeles, CA 90069-1124 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY!, Ann Margaret Grab, Esquire Attorney I.D. No. 55986 Attorney for Plaintiff 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SUMMON IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. OTHONOTARY/CLER-CIVIL DIV Date: J..)Ct' oar (Q?'rF DEPUTY W %71? n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,:PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Plaintiff JURY TRIAL DEMANDED vs. PETER M. HOFFMAN, Individually and as r:, c+ Parent and Natural Guardian of c- ` CASSIA A. HOFFMAN, Defendants PRAECIPE !?;:C-: ?1; Please re-issue the Writ of Summons issued in the above-captioned matter on Decembe z 1999 as to Cassia A. Hoffman only. DATED: JANUARY 21, 2000 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS By: l 7 A'hn arga t Grab, Esquire Attorney for Plaintiff Attorney Id. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 AUG 16 2000 15:57 FR CU1BERLP D CO SH7IFF717 240 6397 T 97573783 /1 ann.acrr a ...:mow... ........? CASE NO: 1999-07.630 P. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND P. 02/02 D-CKINSON COLLEGE - vs HOFFMAN PETER M ET AL KMJIET= GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvar.'-a, who being du'_y sworr_ according to law, says, the within WRIT OF SUMMONS (REISSUED was served upon HOFFt4AN PETER M PARENT AM NAT GUARD. CASSIA A HOFFD'LW the DEFENDANT at 0019:55 HOURS, on the lath day o5 January 2000 at 217 NORTH COLLEGE ST CARLISLE, PA 17013 by handing to STEPHANIE PORTER (ADULT ROO:WATE OF CASST-A A: HOFFMA-N) a true and attested copy of WRIT OF SLP4MONS (REISSUE? tccether with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing 15.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 3"1.10 Sworn and Subscribed to before m :his da_: of A. D. Prothonotary So Answers: R. T ma 1.ne ?^ 07/0:/2000 GRIFFITH, STRICKLER & LERMA:V Sy: Deour i ter. ,. I )46 x:t TOTAL FRGE.02 :v:P n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and No. 99-7630 Civil Term CATHERINE MANNA, SAMUEL DEITCH and JURY TRIAL DEMANDED KATHY DEITCH, deb . Plaintiffs P vs. cz: CASSIA A. HOFFMAN, C. CID [ _' `++ -• Defendant ?i _• ink NOTICE TO DEFEND • = ' ' , "+ =+ TO: CASSIA M. HOFFMAN B' 217 North College Street Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice arc 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 wanted 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 ftuther 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 OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. syfvartia L?svye`,c r ' Fa;: e Perot -P O-Bax-t9G cuml&rlaitl-a 3Cir ?SSGC tci ?[d?t of "* h-e. 4Y n I9aC - CitrG[5!c• Pf} 17dt 3 7/7- d4-i-3tw, vr- 1-koo-- c/c/ 0-l (er t + 24 C Date: 2 GRIFF M, STRICKLER, LERMAN, SOL S & CALKINS BY: ANN MARGARET GRA , ESQ AttomeY for PLAINTIFF Supreme Court I.D. k 55986 110 South Northern WaY York, Pennsylvania 17402 Telephone: (717) 757-7602 - . I I 112, A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dfas a partir de la fecha en que recibio la demanda y el aviso. Usted delie presentar comparecencia estrus en persona o por abogado y presentar en la Corte par escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede procedersin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demands o por cualquier otra queja o compensation reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN CION ESCRITA A LA OFICINA EN LA ABJO PARA AVERIGR DONDE PUE ODE OTENER ASISrNCIA LEGAL Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 Teldfono: (800) 692-7375 t 3 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and No. 99-7630 Civil Term CATHERINE MANNA, SAMUEL DEITCH and JURY TRIAL DEMANDED KATHY DEITCH, Plaintiffs vs CASSIA A. HOFFMAN, Defendant COMPLAINT 1. Plaintiff is Dickinson College, a Liberal Arts College located in Carlisle, Pennsylvania, 17013-2896. 2. Plaintiffs, Timothy and Catherine Manna, are adult individuals, currently residing at 326 Old White Horse Pike, Waterford, New Jersey, 08089, who, at all times relevant hereto, had a daughter, Nicki Manna, who was a student at Dickinson College and a resident of McKenney Hall. 3. Plaintiffs, Samuel and Kathy Deitch, are adult individuals who currently reside at 175 Limekiln Road, Carlisle, Pennsylvania 17013.9487, and have a daughter who was, at all times relevant hereto, a student at Dickinson College and a resident of lvfcKenney Hall. 4. Defendant, Cassia A. Hoffman, is an adult individual, currently residing at 217 North College Street, Carlisle, Pennsylvania 17013 and formerly a resident of McKenney Hall. 5. On February 6, 1998, Defendant, Cassia A. Hoffman, was a sophomore at Dickinson College. 6. On February 6, 1998 Defendant, Cassia A. Hoffman, resided in a college owned residence hall, NlcKenney Hall, situated on West High Street, Carlisle, Pennsylvania. 7. On February 6, 1998, at approximately 4:00 a.m., and in violation of written college residence hall policy, Cassia A. Hoffman, lit a candle in her dorm room and fell asleep. 21T i i'1 n 8. On February 6, 1998, at approximately 6:45 am., Cassia A. Hoffman awoke to find her bed engulfed in flame. 9. Dickinson College's McKenney Hall sustained property damage originating in Suite 20B as the result of the candle having been left unattended by Defendant, Cassia A. Hoffman. 10. Plaintiffs, Timothy and Catherine Manna, and Samuel and Kathy Deitch, sustained damage to personal property as the result of the candle having been let unattended by Defendant, Cassia A. Hoffman. I I. Defendant, Cassia A. Hoffman, was negligent, careless and reckless and her negligence was the direct cause of the fire and resultant property damage sustained by Dickinson College, Timothy and Catherine Manna, and Samuel and Kathy Deitch. 12. Defendant, Cassia A. Hoffman, was careless, reckless and negligent in that she: a. lit a candle despite knowing it was in derogation of the rules of the residence hall in which she resided; b, allowed the candle to bum unattended; C. falling asleep with the candle unattended; and d. failing to take measures to extinguish the fire and to limit the resultant damage sustained by Dickinson College, as well as her suite mates. 13. The property damage sustained by Dickinson College and Defendant, Cassia A. Hoffman's suite mates at McKenney Hall was the result of the sole negligence of the Defendant, Cassia A. Hoffman. 14. Dickinson College sustained property damage totaling $33,418.67 as the result of the fire caused by the negligence, carelessness, and recklessness of the Defendant, Cassia A. Hoffman. (A true and correct copy of the swom statement and proof of loss is attached hereto marked "Exhibit A".) (5. Plaintiffs, Timothy and Catherine Manna's, daughter sustained property damage in the amount of S796.25 as the result of the fire caused by die negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of paid invoices are attached hereto marked 2 --- - it i ? ? "Exhibit B.) 16. Plaintiffs, Samuel and Kathy Deitch's, daughter sustained property damage in the amount of SI"33.54 as the result of the fire caused by the negligence, carelessness, and recklessness of Defendant, Cassia A. Hoffman. (True and correct copies of invoices representing this damage are attached hereto marked "Exhibit C.) WHEREFORE, Plaintiffs, Dickinson College, Timothy and Catherine Manna, and Samuel and ' Kathy Deitch, demand judgment in their favor and against the Defendants, Peter M Hoffman and Cassia A. Hoffman in the amount of 535,478.46 together with interest and costs of suit. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Robert A. Lerman Supreme Court ID No. 07490 Ann Margaret GrabV - Supreme Court ID No. 55986 Attorneys for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 i i U INSURANM SWORN STATEMENT POLIcY NYMBU I PROOF OF LOSS 1mP3o12125d cc Z POLICY, Y un AT Tit[ OF LOSS POLICY P[III00 f ;177 F 307%E>Z -6-J -? "t HAY[ R ACCREA S 9 wf c/<- Ta" e, a?9a. yq a-. - TIME uutc AND ORIGIN or LAR 1. AND ORIGIN D MOW TN[tYli AT TIP11=[LOR 2-OCCUPANCY CII lKSt A.I [O'R IWEREET IN TN. I'- INRU R TIT / , ? w D 3. A INTEREST Cc OTHICKP No HAVING INTIRZAT' a? t ASSIGNMENT. CHANGE 0? INiit[ST PROPERTY SINCE ?OLICT WAS ISSUE A. CHANGES I MM TOTAL AMOUNT OI INSURANCE UPON THE PROPERTY TOTAL DISCRISEO MY THIS POLICY. 5. INSURANCE AT TIM[ CI Lots. IS AS SPECIFIED UNDER ES! [ R INSURANC WAl NO OTM AT THE TIME OF LOST S CASH ACTUAL CASH VALUE D. VALUE AT TIME OFLCWS LOSS WHOLE LOSS AND DAMAGE 7•DAM S AGE AMOUNT AMOUNT CLAIMED UNDER S. CLAIMED THE ABOVE NUME[REJO POLICY E 978• c THE FURNISHING OF THIS BLANK OR THE PREPARATION OF "CC'S BY A REPRESENTATIVE OI THE ABOVE INSURANCE COMPANY IS NOT A WAIVER OF ANY OF ITS RIGHTS. THIS LOSS 010 NOT ORIOIMATE BY ANY ACT. OEtIGH. OR PROCUREMENT ON MY PART OR ¦Y ANYONE INSURED MY THIS POLICY. 1 HAVE NOT DON[ OR CONSQITED TO ANYTHING THAT WOULD VIOLATE THE CONDITIONS or THIS POLICY. THE ONLY ARTICLE! FOR WHICH 1 AM MAKING CLAIM HEREUNDER ARE THOSE DAMAOm GO DESTROYED BY THIS LOSE. 1 HAVE NOT CONCEALEO ANY PROPERTY NOT OEITROY[O NOR WILLFULLY MISLED THE INSURANCE COMPANY AS TO THE pTENT Of MY LOSS. I HAVE SET FORTH MY LOSS HEREIN AND IN THE ANNEXED SCH[CULIS MON"TLY AND TO THE ¦IJT OF MY ABILTTT. 1 WILL FURNISH ANY OTHER INFORMATION THAT MAY ¦I REQUIRED AND IT WILL ¦E CONSIDERED A PART OF THIS MOOT OF LOSE. STATE OI /0///"! COUNTY 0/? AND SWORN TO M VORE ME THIS' Ma vu 1h . Z4&Ac--e-- 11 f f U t my CanmJ33" =p m aKR. "• 1 F • M. CL: (6-78) l Memoer. PonnryMmE AssO an of NoWta f /,M 1 02119 '98 16:26 ID:DICKI"'N cmLEGE FAX:717-245-1899 • PAGE 2 Da1aI 111 1 1?4, Gago No t - :McNTOF COSS{•U heki&4n (Stl"I V? <<?1`dH) Fvt I r 5'te• 2b 6VA Z • .3t-4, o I .skk_ 1n4eSS - OS I fi? sbl??_?t ?e?l? !.V}.!S Lk?41l4 Iob?tii r..?A ..? e. C' Ii? i. nwvll V•I I" a 4sl, 1 Cl Ih ?_... ,. .. var hstss / ! il?n'S Ph4Vf t • ?A;ll 4t {1ni5 ??1nG 1 wP$ StNi pyl •l'1!LG C6ut?4 \ ?• u.? _cLi+'! W14,lA ViVk. I w?c#zbrC? ? - p revs-VU r 'r --Av0uln? 4'0 b #im ' was woV(vl Vu a+- 6.7) aw% . 'r & fAot? t yIDIU JA -4 2 five bytvtd w l etd ettnd snvpad ??n ,e I ai 14 eu_ a LUC •?JVi.It161.•nL4r AIAVvvl wGV1+ off I VA aklit, was+t 10.?1io? Skettkj I e1 ' 4 S 111/1 hk WA -HAJ IAA hill + 4AA?V1 LAME 2 ctvi e 1 c Div • as 0219 '98 16:27 ID:DICK'"'Z1 COLLEGE FAX:717-24.E-1899 PAGE 3 ?+ev? ?evlt lvlty 4tnC Sul+e• Juv?ne thty? It1+ 1u ima nvt v6aCk -vt vouvvl of wnicL•I,tS „d +tncv, wtv,t (++?icd Ap etiivW.'S Olw} 44At, doov was %AD+ a? -OA4,4 kcrAeA K64- '1b 6ptvA +iAf- dOOV- ?btt Gln woS pyt trey Svtna.v+ Co?nSid tvI Kj ?WIc f4ck +WM awen e five Vtavt suvt l tnu.v+ 4iAtM) .. UYy GN t. WOltilat .?cyl VJWt .b c0.ll -gene 6Vt- 11_?•4- Lk GIePt"• 1 ILL 5 S `? l5 I+ scevvli.A th bt. •rka+ S` S tt .atncy :wee t? ... v?vt1 abovk+- 10 ml•V%3 aftty +101t fivc stavtcd aid •Yke fi?e avvlvcot about ?S? Zo NnlNwfieS aFtty 4,tAP- five' iVl•hatly GvUW+ oj&tsldt -Hne. Sw(+t.I As +v%t.?iV4 vta• l WOtFYLIL/, I So +e Nast 1-tnt five wf :vj bvo" -Ybu. wIOAOw of? M4 voowi ttv. 1 Via kv+ Stio? . 14- was O.XKAa+• as IF Iv+ v:??l ?,li coldvlcss vo CrtNq Io0.CIL a.vtA Fb?-Wl cyAoLIlvtq -4tnt. 1 VIti S?n?v¢V1 , l W0.S u qk' l'N WV 0u.k bF +FAe f?G r a' tnly{• c .y pOv sc,; v fl^a} K t0??efi W+t? SG2NC t'b Watcc '1Z. vuOV? OLt-,o_. .-owal• .Vlvl . t .nc vtall?t o+fi, o?n, like At 44/%i5 of VIA- t' u10.S Sre +?t?v?9 }o p if -Wivb ?Ow+ t Sldiaa?tov, W( +V1 five was atw?osk as t??ow 0.+n tt?IV?q ". AS t ?Id? I cos ?usl cast- - tltie dldvt tt ica , lnn? voowv?il r wkat Had VvLf reNei , l bvotiGt`owh. Vltn J'Lttvl IBS -IA u+ lne. w0.S bu.vvi4- 6+ VAAICti t11Mt Wt WI.IA4- back So l I 1 Y+e could toter +veattd aS bL Wtj,&+ 't .41)( tiAapi'NIL ,Nvly vesfotidw-? 4b v"ious +L es?hms a1ooK+ 4JAI- fire . A4C 1V-41. At.ln . O4- a cav aNd delve 4D -1IAC. twvvgqtv?L . VMty? vet Saw I W VN ? xl i tfa 4t.A+ t va VWI O Vs buv'?is laird tltius WAS ?t ty ?vead'td by ?? vvted?ca.l pNcNdav?+. .. 4-t?Itca• ?'°'I v?k, +tnty vjul t it 4tn4. ?N 6 'b vv?tz+ up w( w" l u44nty' voowia -tS. clN, l lit -WL CMACklc I fell astezp avid. woks %jp 2v C,A VVOa.) ajtS lo-tty 40 five . 4 vea.l;tt hnj MISt'alce, oval 1 VIXII-tt -H"a+- n vt vtspbvisiblc.. , 1t sCtvv^S 4tna+ S<tictn a innista.lc e. , OJe( avkA IoeCa.w,t t-v1 a,vnlziv9 CafiAVvo v1c. 1 Inept- rY Is • ? 1 did ?e+ log w s vt.pov+ Nna 1- ?v,ai?er?tly nd -Pov =4-1n I S Ina ?ptvl . 1 dldl^'? hncavl -b ^ buv vs ?vny ba ?( . d , buvv, , deswv y alt of Inns vooNna?'1's b?loin?,? s , du? e. S4M4 moo-IS, laeluln9tv95 i l gaol >no"?' iVltevli?dln UA";Ae -Wet, 5l1L1t2 i b dtSVV04 vln voolnn , ov d 9e -4tnC aNjaCtlnfi b SI11tZ 20 . FDY -ft?iS Iv?tidtvi' I Qlnn 1 vPvw COO, $&A.vt ?y ? 03/04/1999 18:25 68976721 LOGICAL SOLUTIONS INTERNATIONAL INC. 269 wHTfE NORSE PIKE ATCO, w 08004 (609)759.1700 Crane Service, Inc. Old, White. Horse Pike =ford NJ '08089. ??V V--' n PAC 02 INVOICE Date: 03/01/99 Inv. No.: 141 13 03/01/99 Page No- Due Date: .1 _--- : d YOUR, Upon Receipt (1•) Le=ark Optra•,E+ Laser Printer Pieight/Insurance tt?? J? n? `?-3 r ja y c_e 91 I-ec" ?i;? bL/ A 2& Penalty will be assessed unless payment is received within 30 Daps of the Invoice Date- NET TO PAY ••I •.n 374.99 22.09 397.08 rte..., 397.08 r4anwoule ' Metal Fabriators, Inc . A111119 Ar (!17? j?r(4• ?? 1 I I Meebudd Services, Inc (7 249.1535 00 ?G Restoration. lnc ( 249-7052 /. Care, PA 17013 Work Order lfo. a"G-tU-D r ?r b, I Date X130 14d charIIe To _ . ' _ ?. T ..'l 4 v? ZR •. of Work .r' -yJ y A TOTAL MATmuL er•? BTOTAL LABOR `" K? CTOTALSPEOAL'.•'- Material.TcaIA :..; by LabocTdaF 6;: =i'S • " . J SpedalTocFCM DTCIF z: GRAN v , i'. '? JS' .i : fey .? •\y,: _ . TOTAL ,ter'- 'y sy?.a • faenmi srppuer_ +., •:-t: •;?nsy; ;c G v r RESTORATION, INC. P.O. Box 9 12 Stover Drive Cafsle, PA 17013 TO (717) 249-7052 , Mr. Robert Edwards Erie Insurance P.O. Box 302 Dillsburg, PA 17019 TERM' Net 10 Days QUANTITY DESCRIPTION Final billing for all labor and material necessary to clean electronics. INVOICE NT 6$62 Total Due 596. 5 CC: Mr. 5 Mrs. Sam Deitch 175 Limekiln Road Carlisle, PA 17013 THANK YOU Gam; .,x PRICE AMOUNT Metal Fa6riatoM Inc. el. _MechanidServices,lne 4 1 S i ?.• 9-Sli•1? :/ Restontion,lnc i!! t 535 F} (717) 249.7052 Wisle. PA 17013 - Work Order Ho pate . ..,.--:.• "• ;. job •?'r ..,.1. i WSJ., . •• i.+ Zip I.. tion of Work i - - f° .CV .lu BTOTALLABOR C TOTAL SPECIAL y ? IJ' ?? ? y `? •1 (li Macerial Total A $ Accepted by. LaborTotal B $ SpecialTonl C $/L a„,y,;trwmre GRAND TOTAL $ 5_ y l ; Tax $ ---?-- $ ? .lam ?• (arenrn v(?rre TOTAL DUE .I 2 0 Z z a. Z 0 U) cc w a C 0 Iyj U J ? O fD = C N? m S0 ILL Op 0 00 Ws r- N J a 0 M9 0- 0= Ov ¢a C U.J 7 LUo r Vi m u a W _ 0 a ?O n? S r \ J I"_ ` fie e u" ry W ! f? ° . V =? ?n gi 2 INO. g Q ;. Z l?, l F \ . ? V oC `c ° ( \' e ? KT w y S o . go ° a It =$ e 1 =E v .?. CC s r ? c ? c ?1 `u C C 9 c C? r ; se J2•a o V 2 ? ?PSt //.7/? ?lL?Gi ?r s p, P-- n n VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verify that I am the attorney of record for the pleading parry herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DATE: I Ct (lv BY r/?C ANN MAI, OAR-ET GRAB Supreme Court I.D. No. 55986 Attorneys for Plaintiff 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 ?? i s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, TIMOTHY MANNA and CATHERINE MANNA, SAMUEL DEITCH and KATHY DEITCH, Plaintiffs VS. CASSIA A. HOFFMAN, Defendant No. 99-7630 Civil Term JURY TRIAL DEMANDED CERTIFIC`A1TE OF SERVICE AND NOW, this ?4t day of?/ Y ? GZ? 2000, I, Ann Margaret Grab, a member ? of the firm of GRIFFITH, STRICKLER, LERMAN, S YMOS & CALKINS, hereby certify that I have this date served a copy of Plaintiffs Complaint by United States Mail, addressed to the parry or attorney of record as follows: Cassia A. Hoffman ' 217 North College Street Carlisle, PA 17013 Randy Sunshine, Esquire Liner Yankelevitz Sunshine Weinhart & Regenstreif LLP 3130 Wilshire Boulevard, Suite 200 Santa Monica, CA 90403-2300 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS jml/dickin.cmp By: ?(icCr /Z` '- Ann Margaret Grab Supreme Court ID No. 55986 Attorney for Plaintiff 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE ACTION AS TO PETER M.,HOFFMAN Please discontinue the above-captioned action filed against Peter M. Hoffmanwith prejudice. \?J Respectfully submitted, Date: Date: J/'3? 00 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Ann M. Grab / Attorney I.D. #55986 Attorney for Plaintiff. ..110 South Noithern Way York, PA 17402 SCHMIDT, RONCA & KRAMER, P.C. By: .Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant Peter M. Hoffman .209 State Street Harrisburg, PA 17101 DICKINSON COLLEGE, Plaintiff V. PETER M. HOFFMAN and CASSIA HOFFMAN, Defendants ell\, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7630 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this G 4 of August, 2000, I, Scott B. Cooper, attorney for defendant Peter M. Hoffman, hereby certify.that I have served a true and correct copy of the stipulation to Discontinue Action As To Peter M. Hoffman, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos 5 Calkins 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, SCHMIDT, RONCA S KRAMER, P.C. BY: Scott B. Cooper Attorney I.D. #70242 Attorney for Defendant: Peter M. Hoffman 209 State Street Harrisburg, PA 17101 (717) 232-6300 W ?c l PI i 'i 3 &? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, No. 99-7630 Civil Tenn Plaintiff JURY TRIAL DEMANDED VS. PETER M. HOFFMAN, Individually and as Parent and Natural Guardian of CASSIA A. HOFFMAN, Defendants CERTIFICATE OF SERVICE AND NOW, thisa/day of August, 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion for Leave to Amend Caption by United States Mail, addressed to the party or - attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS t? Ann Margaret Grab, squire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 310 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff VS. No.: 99-7630 CASSIA A. HOFFMAN, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE Iu AND NOW, this Ah day of March, 2001, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Plaintiff's Answer to Defendant's Motion for Summary Judgment by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Ann Margaret Gra Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 -711 DICKINSON COLLEGE, PLAINTIFF V. CASSIA A. HOFFMAN, DEFENDANT IN RE: MOTION OF DEFENDANT FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of April, 2001, IT IS ORDERED that the motion of defendant, Cassia A. Hoffman for summary judgment, IS GRANTED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7630 CIVIL TERM By the Ann Margaret Grab, Esquire For Plaintiff Scott B. Cooper, Esquire For Defendant Edgar B. Bayley, J. oy A :saa 313 i ? . ?.. ? .? 1 v /1 DICKINSON COLLEGE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASSIA A. HOFFMAN, DEFENDANT 99-7630 CIVIL TERM Bayley, J., April 11, 2001:-- On January 21, 2000, plaintiff, Dickinson College, by reissuing a writ of summons pursuant to Pa. Rule of Civil Procedure 401(b)(2), instituted this suit against defendant, Cassia A. Hoffman.' The reissued writ was served on Cassia Hoffman on January 28, 2000. On May 18, 2000, plaintiff filed a complaint against Cassia Hoffman. Defendant filed an answer with new matter raising the defense of the statute of limitations? Defendant has now filed a motion for summary judgment. She alleges that on January 21, 2000, the date the writ of summons was reissued, Peter M. Hoffman, the defendant named in the original writ of summons issued on December 22, 1999, had already been served on January 8, 2000. In its answer to defendant's motion for summary judgment, plaintiff admits that allegation. ' An original writ of summons filed on December 221 1999, named only Peter M. Hoffman as a defendant. 3 Pa. Rule of Civil Procedure 1030(a). 97-7630 CIVIL TERM n In its complaint, plaintiff alleges that defendant negligently started a fire that caused damage to its residential property on February 6, 1998. The last date of the two year statute of limitations pursuant to the Judicial Code at 42 Pa.C.S. Section 5524(7), was February 5, 2000. Because that day was a Saturday, the last day for filing suit would have been Monday, February 7, 2000. In her motion for summary judgment, defendant maintains that she was not properly joined as the defendant within the period of the statute of limitations because the reissued writ of summons was issued after the original defendant, Peter M. Hoffman, the father of Cassia A. Hoffman, had already been served? In Yates v. Pacor, Inc., 352 Pa. Super. 335 (1986), the Superior Court of Pennsylvania held that "[o]nce a party defendant is served, plaintiff may only effectuate the joinder of additional parties by means other than Rule ...401(b)." In the case sub judice, as in Yates, proper joinder of defendant required compliance with Pa. Rule of Civil Procedure 2232(c), that provides: At any stage of the action, the court may order the joinder of any additional person who could have joined or who could have been joined in the action... (Emphasis added.) In its brief, plaintiff argues that the decision in Yates does not apply here as its purpose in reissuing the writ of summons on January 21, 2000, was "because the original Writ was becoming stale." It makes no difference what plaintiffs purpose was in reissuing the writ. Plaintiff conveniently forgets that the reissued writ, which joined Cassia A. Hoffman as a defendant, was the reason that defendant's preliminary objection to dismiss the complaint was By stipulation, the action against Peter M. Hoffman was discontinued on August 7, 2000. -2- 31Y r1 97-7630 CIVIL TERM n not granted! We are bound by Yates, and because plaintiff did not obtain an order of court under Rule 2232(c) allowing it to join Cassia A. Hoffman as a defendant prior to the expiration of the statute of limitation, we must grant defendant's motion for a summary judgment .5 ORDER OF COURT AND NOW, this day of April, 2001, IT IS ORDERED that the motion of defendant, Cassia A. Hoffman for summary judgment, IS GRANTED. By the Court, Edgar B. Bayley, J. Ann Margaret Grab, Esquire For Plaintiff Scott B. Cooper, Esquire For Defendant :saa See opinion filed in support and order denying defendant's preliminary objections to plaintiffs complaint, and granting plaintiffs motion to amend the caption of the complaint. 50 Cumberland L.J. 50 (2000). When that order was entered the record did not reflect that on January 21, 2000, when plaintiff reissued the writ of summons adding Cassia A. Hoffman as a defendant, Peter M. Hoffman had already been served with the original writ of summons on January 8, 2000. In fact, plaintiff has never filed a return of service as required by Pa. Rule of Civil Procedure 405(a). It has, however, now admitted that the writ of summons was served on Peter M. Hoffman on January 8, 2000. 5 See also, Home Insurance Company v. Law Offices of Jonathan DeYoung, 107 F.Supp.2d 647 (E.D. Pa. 2000). -3- 3 Av . i '.. ???i .?1.:?. .. .. ?J :;.? \J . ?.. LAW Schmidt. R,mca & Kramer m iwunr uwrue DICKINSON COLLEGE, Plaintiff V. CASSIA HOFFMAN Defendant. 209 St treat 717.232.6300 Harrisburg, Pennsylvan101 Fax 717.232.6467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7630 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Pursuant to Judge Edgar B. Baley's Order of April 11, 2001, please enter judgment against the Plaintiff and in favor of Defendants in the above- captioned matter. Respectfully submitted, SCHMIDT, RONCA &?KRAMER P.C. B •?/ci'V L/ V Y Scott B. Cooper, Esquire Supreme Ct. I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Dated: Attorneys for Defendants 31) e1'1 A CERTIFICATE OF SERVICE AND NOW, this _ day of April 2001, I, Scott B. Cooper, hereby certify that I have served a true and correct copy of the foregoing upon all counsel of record by first class United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ann M. Grab, Esquire Giffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way Attorneys for Plaintiff SCHMIDT, RONCA 8s KRAMER P.C. Scott B. Cooper, Esquire supreme Ct. I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Defendants 31` IQ V e5mN . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. CASSIA A. HOFFMAN, Defendant Civil Action - Law No.: 99-7630 Jury Trial Demanded NOTICE OF APPEAL Notice is hereby given that Dickinson College, Plaintiff above-named, hereby appeals to the Superior Court of Pennsylvania from the Order entered on this matter on the 11 th day of April 2001. This Order has been entered in the docket as evidence by the attached copy of the docket entry. Respectfully submitted, Dated: GRIFFITH, STRICKLER, LERMAN, SOLYMMOS & CALKINS By: 6 1 ANN MARGARE GRAB, ESQUIRE Attorney for Plaintiff Attorney ID# 55986 110 South Northern Way York, PA 17402 (717) 757-7602 3tj eo? 001'r - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. CASSIA A. HOFFMAN, Defendant Civil Action - Law No.: 99-7630 Jury Trial Demanded PROOF OF SERVICE AND NOW, this 9th day of May, 200 Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Appeal by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 Edgar B. Bayley, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Ann Margaret Orab, Esquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 3 ?/1 Page a prothonotary's office ; PYS510 CumberlailOcase Inquiry L'. ed........: 12/22/1999 1999-07630 DICKINSON COL Filed (vs) HOFFMAN PETER M ET AL Time..;....: 1 i ion ..Date 0/00/0000 Reference No..' WRIT OF SUMMONS Execut Case T e....•: 00 Jury Trial...• yypp 0/00/0000 Judgmen?•,••• - Dispposed Date. Judge Assigned: Higher Crt 1.: ___-------- Higher Crt 2.: Disposed DescCase Comments Attorney Info ANN MARGARET General PLAINTIFF DICKINSON COLLEGE DEFENDANT HOFFMAN CASSIA A i 217 NORTH COLLEGE 3STREET CARLISLE PA Date Desc Amount JUDGMENT 1 Judgment Index 4/20/2001 PRAECIPE DICKINSON COLLEGE * Date Entries -I - - - - ******"**************** FIRST ENTRY F 12/22/1999 pRAECIPE FOR WRIT OF-SUMMONS IN CIVIL ACTION------ SUMMONS SSUED Liti PARENT AND NAT GUARD. CASSIA A HOFFNAN 1/20/2000 SHERIFF'S RETURN FILED ant.: HOFFMAN PETER M q : NOT FOUND SERVED GRIFFITH, STRICKLER, LERMAN 01/20/2000---- costs ______....: ------ Pd By: ONLY BY ------- ------------------ 1/21/2000 ?E[CviIARGARETREGRAB ISSUESWRIT OF SUMMONS ON-CASSIA A HOFFMA------------- 2/01/2000 LHERIantS:RHO? FIPEDER M PARENT AND NAT GUARD. CASSIA02AO OFFM N- SERVED 1 28 00 {REIS WRIT OF STRICICLER & LERMAN - ° "RIFFITH, - _________ Costs....: $ 1.10 P--BY_ G ----------------- 5/18/2000 COMPLAINT --------------------------------------- ----------- IMPORTANT NOTICE FILED --------------------- 8/02/2000 _----------------- ------------------- ---------------------- 8/07/2000 STIPULATION TO DISCONTINUE ACTION A--TO-PETER-M HOFFMAN --- -- -- __ 8/28/2000 MOTION FOR LEAVE TO AMEND CAPTION -------- --- ------ -- --- ---- By SCOTT B COOPER ESQ 9/01/2000 OB -OLpLAINTFFISTING By SCOTT-NATS RELZMIN------- 9/01/2000 DEFEND NT 'S RESPONSE TO PLAINTIFFS MOTION FOR ggACOMPLAIN ? P CAPTIO - -- ---- 9/01/2000 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINT 8/31/2000 PROPOSED ORDER - DATED 8 31 00 INRE PLFFS MOT ION FOR LEAVE TO GRANTED - CAPTION AMENDED TO READ AS DICKINSON COLLEGE PLFF AMEND F? HOFFMAN DEFT BY THE COURT J WESLEY OLER JR J COPIES - VS CASSIA /----- __---TO DEFTS MAILED 9----- ________---- ESQ _ 9/06/2000 PRAECIPE TO ATTACH AFFIDAVIT OF CASSIA A HOFFMAN ------=_ PLFFS PRLIMINARY OBJECTIONS TO PLFFS-COIN -- A TACHEDTLETTER COOPER ----- -- ----- ` 9/21/2000 ORDER OF COURT - DATED 9/D20H-0?O A AT ARGUMENT-" POTION FORYLEAVECTOMETU pLFFS COMPALLIINTAON TIO/11/E TIME AS DEFTS ---------------- COURT ------;-.----- - BY -------- -- ------ i 10/11/2000 SCOTTDB COOPERPATTYRFOR DEFTUPPORT OF PRELIMINARY OBJECTIONS 048r O ` -----------------DATED 11[20/00 - IN-,RE' :BRE, 1faTld 11/21/2000 ORDER OF COURT t MOTION O? ?A)g gig DISMISS COMPLAINT AND PLF S -' ?i :fc un ai mY fA ?aw ('.Obit at Cwiisle, Pa. 5L3 J PYS510 Cumberland County Prothonotary's Off ice ^ r-,fil Case Inquiry 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Filed........: Reference No..: Case Tye.....: WRIT OF S OMOONS Time . .;. . . . . . : ExecutionlDate Page 2 12/22/1999 ]1:18 0/00/0000 Judgment Jury Tria .... Judge Assigned: Disposed Date. 0/00/0000 Disposed Desc.: Higher Crt 1.: ------------ Case Comments - Higher Crt 2.: COMPLAINT -PRELIMINARY OBJECTIONS OF DEFT 700 DISMISSED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/21/00 - CAPTION IS AMENDED TO EAD DEFENDANT - BYSTHECCOURT E?DG RIBTBAYLEY JACO- 11/21 00 - - ----------------------------------------------------- 12/05/2000 CORMPCLIAINTTO SSUBSSTTIITUUTTE VERIFICATION OF-PLAINTIFFS-COUNSEL-TO-THE PI DEFENDANT'S ANSWER TO COMPLAINT INCLUDING NEW MATTER - BY SCOTT B COOPER ESQ ATTY FOR DEFT ---- ---- ____________________________ 12/21/2000 REPLY TO NEW MATTER - BY ANN MARGARET GRAB ESQ ATTY-FOR-PLFF------- -------- - -- --- 1/05/2001 PRAECIPE TO SUBSTITUTE VERIFICATION - BY ANN MARGARET -GRAB-ESQ----- 3/OB/2001 PRAECIP MOTIONLISTING SUCASE FOR MMARY JUDGM NTARGUMENT- BYDSCOTT BTCOOPER AESQ FOR DEFT --------------------------------------- ---------------------------- 3/08/2001 DEFENDANT'S CASSIA A HOFFMAN'S MOTION FOR SUMMARY JUDGMENT - B SCOTT B COOPER ESQ FOR DEFT _ _ _________________ 3/19/2001 PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY ANN MARGARET GRAB ESQ FOR// PLFF -------------------------- 4/12/2001 SUMMMARYFJUDGMENT - GRANT$D1/OBY THE COURTTEDGARFBDBAYLEYNJ COPIES MAILED 4/12/01 --------------------- 4/20/2001 PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED - ---------------- NOTICE-MAILED - - - _ _ LAST ENTRY - - - - - - - - - - ******************************************************************************** * Escrow Information End Bal * Fees & Debits Bed Bal Pmts/Add ******************************** ******** ****** ******************************* WRIT OF SUMMONS 35:50 35;50 .00 TAX ON WRIT 5.00 5.00 .00 SETTLEMENT 500 5.00 JCP FEE 9.00 9,00 .0 - -------- JDMT 0 ------------------ 54.50 54.50 00 * End of Case Information ******************************************************************************** lE Copy FRON? ,,,CORD T Ia faKti?rti;?'i '+ I+.recf, I !?srs unto ?ssit ha"d lo Pa. 3,"d aw ?J V ? c, at Carl T notary r1%, JuP??'x? 1 c? -- J :t_ ll? 4:6 P.M., - ?? I wob?, Appeal Docket Sheet Docket Number: 860 MDA 2001 Page 1 of 2 May 30, 2001 Aft Cassia A. Hoffman V. Dickinson College, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: May 23, 2001 Journal Number: Case Category: Civil Consolidated Docket Nos.: Awaiting Original Record CaseType: Civil Action Law Related Docket Nos.: SCHEDULED EVENT Next Event Type: Docketing Statement Received Next Event Type: Original Record Received Next Event Due Date: June 13, 2001 Next Event Due Date: June 19, 2001 COUNSEL INFORMATION Appellant Pro Se: IFP Status: Appellee Pro Se: IFP Status: Dickinson College Appoint Counsel Status: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Phone No.: (717)757-7602 Fax No.: (717)757-3783 No Appellant Attorney Information: Attorney. Grab, Ann Margaret Bar No.: 55986 Law Firm: Griffith, Strickler, Lerman, Solymos & Calkins Address: Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402 Hoffman, Cassia A. Appoint Counsel Status: Appellee Attorney Information: Attorney: Cooper, Scott B. Bar No.: 70242 Law Firm: Schmidt, Ronca & Kramer, P.C. Address: Schmidt Ronca & Kramer PC 209 State St Harrisburg, PA 17101 Phone No.: (717)232-6300 Fax No.: (717)232-6467 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Superior Court of Pennsylvania W30101 3023 4:62 PA" I Appeal Docket Sheet Docket Number: 860 MDA 2001 Page 2 of 2 May 30, 2001 FEE INFORMATION Superior Court of Pennsylvania Aft Paid Fee Date Fee Name Fee Amt Amount Receipt Number 5/25/01 Notice of Appeal 55.00 55.00 2001SPRMD000567 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: April 11, 2001 Judicial District: 9 Date Documents Received: May 23, 2001 Date Notice of Appeal Filed: May 10, 2001 Order Type:Order Entered OTN: Judge: Bayley, Edgar B. Lower Court Docket No.: 99-7630 Judge ORIGINAL RECORD CONTENTS Original Record Item Date of Remand of Record: Filed Date ContenUDescription BRIEFS DOCKET ENTRIES Filed Data Docket Entry/Documont Name Party Type Filed By May 23, 2001 Notice of Appeal Filed Appellant Dickinson College May 30, 2001 Docketing Statement Exited (Civil) Middle District Filing Office 5130/01 3023 3 L4 4 b ? V U ? ? u ? 0 CERTIFICA"TE AND TRANSMIT I'AL Or RECORDS UNDER PENNSYLVANIA RULE OP APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DICKINSON COLLEGE V, CASSIA A. HOFFMAN No. 99-7630 CIVIL TERM 860 MDA 2001 The documents comprising the record have been numbered from No. I to 326, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 6-4-ni Curtis R. Long, Prothonotary Jane 1-1. Sparling, Dpty. additional copy of this certificate is enclosed. Please sign and nn%vlerloino receinlof this record. Date Signature S Title Among the Records and Proccedingi enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 860 MDA 2001 to No. 99-7630 CIVIL "I"erm, 19 is contained the following: COPY OF CCMPLEPE DOCKET ENTRY DICKINSON COLLEGE V. CASSIA A. HOFFMAN SEE ATTACHED Cl M Con11101"Veallh of Pennsylvania Cuunly of Cumberland ss: )) I Curtis R. Long Prothonotary of the Court of Common Pleas in and for said county. do hereby certify that the foregoing is a full. true and correct copy of the whole record of the c6icViirison`'Loli ege plaintiff. and A. o man Defendant as the same 99ai7630eco f hc(orc,the said Court at No. Civil Term. A.D. 19_. In TESTIMONY WHEREOF. I have hereunto set my ha?une affixed the sea^ofDsad9OClurt this 4th day of Prothonotary Ninth George E. Hoffer president Judge of the I ioR. sed `Lo thengCounty of Judicial District,tcomps Cur Cumben?tnwhomc thcYanncxed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas ofsaid was, at the time of so doing, and now;n Prothonotary in and for said County of the Commonwealth of Pennsylva nia, d my commissioned and qualified to all of whose acts as such full faith n ac nt due formlo( Cw andofmjudicaturc as ade by the elsecheff acid that the said record, and credit are ccrti catc and atdtestatiol r 1'r ident Judge Commonwealth of Pennsylvania ss: County of Cumberland 1 Curtis R t ona Prothonotary of the Court of Common Pleas in Ceoru_ Hoffer P .7. and for the said County. do certify that the Ilonorable by whom the foregoing attestation was made, and who has dlcreunto subscribed his name. was. at the time of making thereof. and still is 11 resident.lutlge of the Court of Common 1, leas. Orphan'Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified: to all whose acts as such full faith and credit arc and ought to be given. as well in Courts of judicature as elsewhere. IN "TESTIMONY WHEREOF. I have hereunto set nw hand and affixaJuneseal of said Court this 4th' day of A.D. $901 . I'nohonotm" PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Filed........: 12/22/1999 Case Tntpe.....: WRIT OF SUMMONS Time.........: 1,1:18 Judge Assigned: Execution Date 0/00/0000 Disposed Desc.: Jury Trial.... ------------ Case Comments ------_____ His posed Date. 0/00/0000 Higher Crt 1.: 860 MDA 200 Higher Crt 2.: General Index Attorney Info DICKINSON COLLEGE HOFFMAN CASSIA A 217 NORTH COLLEGE STREET CARLISLE PA 17013 Judgment Index PAGE NO. 1 - 3 4 5 - 6 7 8 -28 29-31 32 - 33 35 - 68 69 - 70 71 - 81 9/01/2000 82 - 1i7 82 -157 9/01/2000 34 8/31/2000 158 - 160 9/06/2000 161 - 165 9/21/2000 166 - 17410/11/2000 175 - 18411/21/2000 DICKINSON COLLEGE PLAINTIFF GRAB ANN MARGARET DEFENDANT Amount Date Desc 4/20/2001 PRAECIPE JUDGMENT * Date Entries FIRST ENTRY PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED ---------------- --------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN SERVED : NOT FOUND Costs....: $40.30 Pd By: GRIFFITH, STRICKLER, LERMAN 01/20/2000 --------------------------------------------- ---------------------- PRAECIPE TO REISSUE WRIT OF SUMMONS ON CASSIA A HOFFMAN ONLY BY ANN MARGARET GRAB ESQ ------------------------------------------------------------------- SHERIFF'S RETURN FILED Cos[sqqDn.. $31g100PARBEIS WRITFOF SUMMONS) LER GUARD. CASSIA 02/O1/200 M0 ------- COMPLAINT ------- ------------------------------------------------------------------- IMPORTANT NOTICE FILED ----------------------- TIPULATION -- DISCONTINUE ACTION AS TO PETER M HOFFMAN ---------------------------- -- MOTION FOR LEAVE TO AMEND CAPTION --------------------------------------- ---------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFENDNATS PRELIMINARY OBJECTIONS TO PLAINTFFFS COMPLAINT - BY SCOTT B COOPER ESQ ------------------------------------ DEFENDANT'S RESPONSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND CAPTION ---------------------------------- DEFENDANT'S PRELIMINARY /OBJEECTIONS TO PLAINTIFFS COMPLAINT AMENDS- GRANTED -DATED CAPTTION3AMENDEDITOEREADFASMDICKINSON COLLEGEOPLFF VS CASSIA 1 HOFFNJIN DEFT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/1/00 --------------------------- PRAECIPE TO ATTACH AFFIDAVIT OF CASSIA A HOFFMAN TO DEFTS PRLIMINARY OBJECTIONS TO PLFFS COMPLAINT BY SCOTT B COOPER ESQ ------------------------------------------------------------------- ORDER OF COURT - DATED 9620/00 - IN RE ATTACHED LETTER - PLFFS MOTION FOR LEAVE TO AMEN S LL BE HEARD AT THE SAME TIME AS DEFTS PRELIMINARY OBJECTIONS TO PLFFS COMPALINT ON 10/11/00 AT ARGUMENT COURT ------------------------------------------------------------------- DEFENDANT'S REPLY BREIF IN SUPPORT OF PRELIMINARY OBJECTIONS - BY SCOTT B COOPER ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 11/20/00 - IN RE PRELIMINARY OBJECTIONS TO DISMISS COMPLAINT A14D PLFFS MOTION OT AMEND THE CAPTION OF 12/22/1999 1/20/2000 1/21/2000 2/01/2000 5/18/2000 8/02/2000 8/07/2000 8/28/2000 9/01/2000 PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry PAGE ND. 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Case Type.....: WRIT OF SUMMONS Judgment......: .00 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- te 0/00/0000 1. . : 860 MDA 2001 . COMPLAINT -PRELIMINARY OBJECTIONS OF DEFT A E DISMISSED- S - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/21/00 - CAPTION IS AMENDED TO READ DICKINSON COLLEGE, PLAINTIFF V. CASSIA A. HOFFMAN, DEFENDANT - BY THE COURT EDGAR B BAYLEY J COPIES 11/21/00 ------------------------------------------------------------------- PRAECIPE TO SUBSTITUTE VERIFICATION OF PLAINTIFFS COUNSEL TO THE COMPLAINT - BY ANN MARGARET GRAB ESQ ------------------------------------------------------------------- DEFENDANT'S ANSWER TO COMPLAINT INCLUDING NEW MATTER - BY SCOTT B COOPER ESQ ATTY FOR DEFT ------------------------------------------------------------------- REPLY TO NEW MATTER - BY ANN MARGARET GRAB ESQ ATTY FOR PLFF ------------ PRAEC -- I-- TO SUBSTITUTE VERIFICATION - -- ANN MARGARET GRAB ESQ --------------------------------------- ------------------ HOFFCMANS MOTIONSFORGSUMMARYOJUDGMENTN- BYDSCOTTD BTCOOPERAESQ FOR DEFT ---------------------------------- - ------------------------ DEFENDANT'S CASSIA A HOFFMAN'S MOTION FOR SUMMARY JUDGMENT - BY SCOTT B COOPER ESQ FOR DEFT -------------------------------------------------- PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY ANN MARGARET GRAB ESQ FOR PLFF DAT SUMMARYFJUDGMENT - GERANT?D1/0BY THE COURRTTTEDGARFBDBAYLEYNJ COPIES MAILED 4/12/01 ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED NOTICE MAILED ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM THE ORDER ENTERED 4/11/01 - BY ANN MARGARET GRAB ATTY FOR PLFF --------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 860 MDA 2001 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 185 - 188 12/05/2000 189 - 232 12/12/2000 233 -238 12/21/2000 239 - 242 1/05/2001 243 - 244 3/08/2001 245 - 268 3/08/2001 269 - 312 3/19/2001 313 - 316 4/12/2001 317 - 318 4/20/2001 319 - 324 5/10/2001 325 - 326 5/31/2001 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Escrow Information + * Fees & Debits Be*q Hal Pmts/Adj End Bal + WRIT OF SUMMONS 35.00 35.00 00 TAX ON WRIT SETTLEMENT .50 .50 . .00 JCP FEE 5.00 5.00 5.00 5.00 .00 00 JDMT 9.00 -------------- 9.00 ------- . .00 54.50 --- --- 54.50 --------- .00 Page iled........ : 12/22/1999 ime...... 1:18 xecution,Date 0/00/0000 * End of Case Information PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Case Type ..... : WRIT OF SUMMONS Filed........: Time..;......: Execution Date 12/22 0/00 1999 1:18 0000 Judgment " " Judge Assigned: : osed Desc : Dis Jury Trial.... Dat e. ed os Disp 0/00/ 0000 . p ------------ Case Comments ---------- Crt 1 . : r e --- Hih 4 MDh 860 2001 Higher Crt 2.: General Index Attorney Info DICKINSON COLLEGE DE ENTIFF GRAB ANN MARGARET 217 NORTH COLLEGE STREET CARLISLE PA 17013 Judgment Index Amount Date Desc DICKINSON COLLEGE 4/20/2001 PRAECIPE JUDGMENT ******************************************************************************** * * Date Entries j-? _? _ FIRST ENTRY - - - - - 12/22/1999 VP.}\ECIPE'`FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED ------------------------------------------------------------------- 1/20/2000 'SHERIFF:'ST'. TURN FILED ISt1i'gant.: HOFFMAN PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN SERVED NOT FOUND Costs....: $40.30 Pd By: GRIFFITH, STRICKLER, LERMAN 01/20/2000 1/21/2000 `..R1 PE TO REISSUE WRIT OF SUMMONS ON CASSIA A HOFFMAN ONLY BY ANN-MARGARET GRAB ESQ _ _ 2/01/2000 SHERIF",!fS>'RETURN FILED D,t-igant.: HOFF PETER M PARENT AND NAT GUARD. CASSIA A HOFFMAN SERVED : 1/28 00 EIS WRIT OF SUMMONS) Costs....: $31.10 PP By: GRIFFITH, STRICKLER & LERMAN 02/01/2000 5/18/2000 --------------------------------- QRT]?NT;'IJOTICE FILED y? .................................... --= _.--- --- ---- ------ --- 8/28/2000 8/07/2000 rSTIPUhA'PION'TO DISCONTINUE ACTION AS TO PETER M HOF------------------------------------ ice T MO„TLEAVE-TO-AMEND-CAPTION--3r---------_-------_------ 0 RECIPE FOTR - ISTING CASE FOR ARGUMENT - DEFENDNATS PRELIMINARY 9/01/2000 BJEGT, S TO`PLAINTFF'S COMPLAINT - BY SCOTT B COOPER ESQ (?-7U -?- ------------------------- 9/O1/2000 QEFENDANT",S?,RES, NSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND APTION -- `??----------------------------------------- 9/01/2000 ^. NDANT:1yS''.'PRELIMINARY OBJECTIONS TO PLAINTIFFS COMPLAINT 8/31/2000 ?P?_ROPOSEDGRRAANNTED DCAPTION3AMENDEDITOEREADFASMDICKINSON COLLEGE OPLFF °PVMMSEENNCDDASSI7 P, HOFFMAN DEFT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/1/00 _ _____ 9/06/2000?pgpEMINARY OBJECTIONSFTOAPLFFSFCOMPLAINT BOYFS O TTB DCOOPER ESQ ?1 8'-l a--------------- ? --------//---// ------- 9/21?2000 'MOTMkZFORZLEAVEjTOTAMENb2SkALL BENHEARDTATCTHE LETTER - PRELIMINARY OBJECTIONS TO PLFFS COMPALINT ON 10/11/00 AT ARGUMENT COURT ---------------------------------------------------------- 10/11/2000 DEFENDANT'S REPLY BREIF IN SUPPORT OF PRELIMINARY OBJECTIONS - BY I!? SCOTT a:B<COOPER ATTY FOR DEFT ------------- ---- --- ---- 11/212000'fDI 00 - TIONIOTRAMENDLTHENCAPTIONEOFIONS TO SMISSFCOMPLAINTDANDDPLFFSO/MO jw tt? PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry Page 1999-07630 DICKINSON COLLEGE (vs) HOFFMAN PETER M ET AL Reference No..: Filed........: 12/22/1999 Case Type ..... : WRIT OF SUMMONS Time ion ...Dat:e 1,1:18 Judgment.. .. Execution 0/00/0000 Judge Assigned: Jury Trial.... Dis osed Desc.: Disposed Date. 0/00 0000 ---P-------- Case Comments ------------- Higher Crt 1.: 860 MD 2001 Higher Crt 2.: COMPLAINT -PRELIMINARY OBJECTIONS OF DEFT ARE DISMISSED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/21/00 - CAPTION IS AMENDED TO READ DICKINSON COLLEGE PLAINTIFF V. CASSIA A. HOFFNPN, DEFENDANT - BY THE COURT EDGAR B BAYLEY J COPIES 11/21/_00 --_- - - 12/05/2000 :PRAECIPE TO.`SUBSTITUTE VERIFICATION OF PLAINTIFFS COUNSEL TO THE COMPLAINT ='BY ANN MARGARET GRAB ESQ )/b!?--------------------- 12/12/2000 DEPEANT?''%S•?ANSWER TO COMPLAINT INCLUDING NEW MATTER - BY SCOTT -------- ------------- ?B?COOPERyESQ°ATTY FOR DEFT--_I foe-4,&L ___________________ - 12/21/2000 REPLY ;TQ NEW?MATTER - BY ANN MARGARET GRAB ESQ ATTY FOR mar/! _?? o _ 31_'d .,_. :.---------------------------------- 1/05/2001 "P,RAECIPETQ._;SUBSTITUTE-VERIFICATION - -By --ANN--- -----MARGARET GRAf s- ENDAN 3/08/2001 HOFFCMANSrvMOTIONSFORGSUCASE FOR MMARY JUDGMENT N- BYDSCOTTT BTCOOPER AESQ FOR aye s? DEFT ------------- -- - 3/08/2001 r-j)E-FEN- DANT.1, 'CASSIA A HOFFMAN'S?M?QQTION?FfO?jSUMMARY JUDGMENT --B- cSCOTT B COOPER ESQ FOR DEFT [ -_-r-y 0__---- 3/19/2001 ggPILAINTIFF,'FS ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY WMIM.ARGARET GRAB ESQ FOR PLFF ,,4c:_3L L ------------------- 4/12/2001 ORDER^.OF; COURT - DATED 411/01 - IN RE MOTION OF DEFENDANT FOR SUMMARY-'JUDGMENT - GRANT 6D - BY THE COURT EDGAR B BAYLEY J COPIES 313,31(,o MAILED 4/12/01 _ _ _ 4/20/2001 PRQtd,fPErFOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED 'rle m s NOTICE-MAILED------------------------------------------------------ ------------- 5/10/'2I'001 NOTICEy?OF APPEAL TO SUPERIOR COURT FROM THE ORDER ENTERED 4/11/01 - 31 S?3ZT BY•.rANWMARGARET GRAB ATTY FOR PLFF -- - _ _ _ _ _ _ 5/31/2001 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 860 MDA 2001 "- - - - - - - - - - LAST ENTRY - - - - - - - - - - - - * Escrow Information * Fees & Debits Be*Bal* **Py*mts/Add ******End Bal ******************************** **** ****** ************************* WRIT OF SUMMONS 35.00 35 50 00 TAX ON WRIT 00 5 : 5.00 . •00 SETTLEMENT . 00 5 5.00 .00 JCP FEE JDMT . 9,00 ----- 9.00 ---------- --- .00 --------- --------- 54.50 54.50 .00 ******************************************************************************** * End of Case information IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintil7' Civil Action - Law VS. CASSIA A. HOFFMAN, Defendant T0: PROTI-IONOTARY No.: 99-7630 Jury Trial Demanded PRAFCIPF Please mark the docket in the above captioned matter settled and satisfied. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: f 2-1? ANN MAT GRAB, ESQUIRE Attorney for Plaintiff Supreme Court I.D. No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 DATED: U 1401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE Civil Action - Law Plaintiff VS. No.: 99-7630 CASSIA A. I IOFFMAN, Defendant Jury Trial Demanded CERTIFICATE. OF SERVICE, AND NOW, this 16th day of August, 2001, 1, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praccipe to Settle and Satisfy by United States Mail, addressed to the party or attorney of record as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer PC 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Ann Margaret Grab l Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ?I i ii' Ci `_ =! -=?-r .)c? ?? .. -' _' J 1 r \? i, ?` _, J J