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HomeMy WebLinkAbout01-6985SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs Vo CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. Ot- ¢ gg MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 {717) 249-3166 SUSAN WICKARD and RODNEY WICKARD, her husband, Plain~ffs Vo MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Susan Wickard and Rodney Wickard, her husband, by and through their attorneys SCHMIDT, RONCA & KRAMER, P.C., and avers the following: THE PARTIES 1. Plaintiffs, Susan Wickard, and Rodney Wickard, wife and husband, are adult individuals residing 185 Brickchurch Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant, Michael Clay, is an adult individual who resides at 240 East Queen Street, Chambersburg, Franklin County, Pennsylvania, 17201. THE FACTS 3. The incident giving rise to this accident occurred on January 5, 2000, at approximately 11:39 a.m., on South Fayette Street southbound, at the intersection of South Fayette Street and Old Scotland Road (State Route 696), in Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Susan Wickard, was travelling south on South Fayette Street, which is the through street, approaching the South Fayette Street and Old Scotland Road (State Route 696) T-intersection. 5. At the aforementioned time and place, the Plaintiff, Susan Wickard was operating a 1997 Ford truck owned by David Wickard Siding Contractors. The Plaintiff, Susan Wickard, was operating the vehicle in the course of her employment with Carlisle Hospital Visiting Nursing Association. 6. At the aforementioned time and place, the Defendant, Michael Clay, the owner and operator of a 1997 Saturn, was travelling east on Old Scotland Road (State Route 696) in the 1997 Saturn, approaching the stop sign at South Fayette Street at the T-intersection of South Fayette Street and Old Scotland Road (State Route 696). 7. At the aforementioned time and place, the Defendant, Michael Clay, failed to yield at the stop sign at South Fayette Street and collided with the right rear of the Plaintiffs truck, spinning the Plaintiff's vehicle around and causing the injuries to the Plaintiff set forth below. 8. At the aforementioned time and place, it was daytime, the road surface was dry, and there were no adverse weather conditions. COUNT I SUSAN WICKARD V. MICHAEL E. CLAY NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused solely by the negligence, carelessness and recklessness of the Defendant, Michael Clay, and was in no way the fault of the Plaintiff. 11. consisted of: a. The negligence, carelessness and recklessness of the Defendant bo Ct fo failing to yield the right-of-way to traffic already in the highway after stopping at the stop sign in accordance with 75 Pa. C.S. § 3323 (b), which is negligence per se; failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; failing to observe the Plaintiffs vehicle on the highway; failing to exercise the high degree of care required of a motorist entering an intersection; failing to keep a reasonable lookout for other vehicles lawfully on the road; attempting to enter an intersection when such movement could not be safely accomplished; failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; and h. failing to apply the brakes in time to avoid the collision. 12. As the direct and proximate result of the accident, the Plaintiff, Susan Wickard, suffered serious, and what may be permanent, injuries which include the following: ao post-traumatic myofacial pain syndrome/whiplash; neck and thoracic spine sprain/strain; headaches from persistent spasms and discomfort; d. chronic neck and shoulder ache; and e. acute lower pack pain. 13. As a direct and proximate result of the accident, the Plaintiff, Susan Wickard, has incurred medical expenses to-date and may continue to incur medical expenses into the future, and, thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has been advised and, therefore, avers that the aforementioned injuries may be permanent in nature and effect. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has undergone in the past and, will continue to undergo in the future, great pain and suffering. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Susan Wickard, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, suffered a permanent diminution of her ability to enjoy life and life's pleasures. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard will suffer an impain~ent of her earning power and capacity. WHEREFORE, the Plaintiff, Susan Wickard, demands judgment on the Defendant, Michael Clay, in an amount in excess of the amount requiring compulsory arbitration. COUNT II RODNEY WICKARD V. MICHAEL CLAY LOSS OF CONSORTIUM 19. Prior Paragraphs 1 through 18 are incorporated herein by reference. 20. As a sole and proximate result of the Defendant's negli§ence, the Plaintiff, Rodney Wickard, has suffered loss of society, companionship, and services of his wife. WHEREFORE, the Plaintiff, Rodney Wickard, demands judgment of the Defendant, Michael Clay, in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. Respectfully submitted, SCHMIDT, RONCA · KRAMER, P.C. JGerard Kramer Attorney at Law Attorney I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORM&TION OBTAINED THROUGH COUNSEL I, SUSAN WICKARD, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: SUSAN WICKARD SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs Vo MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. 01-6985 Civil Term JURY TRIAL DEMANDED PRAEClPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate Plaintiffs' Complaint which was filed in your office on December 12, 2001, with regard to the above-captioned matter. Respectfully submitted, SCHMIDT~ RONCA/k KRAMER, P.C. /~erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs Vo MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA, CIVIL ACTION - LAW NO. 01-6985 Civil Term JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate Plaintiffs' Complaint which was filed in your office on December 12, 2001, with regard to the above-captioned matter. Respectfully submitted, SCHMIDT, RONCA ~ KRAMER, P.C. 'Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs Vo MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. 01-6985 Civil Term dURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate Plaintiffs' Complaint which was filed in your office on December 12, 2001, with regard to the above-captioned matter. Respectfully submitted, SCHMIDT~ RONCA 8s KRAMER, P.C. Gerard C. Kramer Attorney at Law / Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs JANE ROACH, ESQUIRE ATTORNEY ID #34270 JANE ROACH, P.C. 726 ANN STREET STROUDSBURG, PA0198360 PHONE: (570) 421-70 Attorney for Plaintiff COURT OF COM ~Mi~N PLEAS OF CUMBERLAND COUNTY 9 JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA DIANE KIRKHUFF, Indiv~idually and }s the Personal Rel0resentative or'the Estate o MILES L. KIRKHUFF II Plaimiff, VS. DARRYL LEE LOWERY AND D.M. BOWMAN, INC. Defendants NO. 2001- 07126 JURY TRIAL DEMANDED NOTICE OF PLAINTIFF'S STIPULATION TO JOINDER OF ADDITIONAL DEFENDANTS Plaintiff hereby gives notice that she has no objection to the joinder by Defendants of ~dditional Defendants Johnny Scott Weigner, Snyder National Carriers, Inc., Herbert Farenkopf, ~)avid Kistler & Grandson, Inc. and David K. DeLong. BJ J~E 3zTTORNEY ID #34270 dANE ROACH, P.C. / 726 ANN STREET / STROUDSBURG, PA 18360 ~/'"'PHONE: (570) 421-7009 ~ ROACH, ESQUIRE ATTORNEY ID #34270 JANE ROACH, P.C. 726 ANN STREET STROUDSBURG, PA 18360 PHONE: (570) 421-7009 Attorney for Plaintiff COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY 9 TM JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA DIANE KIRKHUFF, Individually and a~s the Personal Representative of the Estate o! KIRKHUFF II Plaintiff, VS. DARRYL LEE LOWERY AND D.M. BOWMAN, 1NC. Defendants NO. 2001-07126 JURY TRIAL DEMANDED ANSWER TO NEW MATTER 54. - 61. Denied as conclusions of law to which no responses are required. JAN OnCt , ESQU m /ATTORNEY ID #34270 / JA~E ROACH, P.C. / ~e26 ANN STREET PHONE: (570) 421-7009 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WICKARD SUSAN ET AL VS CLAY MICHAEL E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CLAY MICHAEL E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 12th , 2002 , this office was in receipt of the attached return from FP~ANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 32.90 .00 69.90 02/12/2002 R./Thomas Kline Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me this ~7~ day of ~~ / ~ / ~rothono~ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WICKARD SUSAN ET AL VS CLAY MICHAEL E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CLAY MICHAEL E but was unable to locate Him deputized the sheriff of CAMBRIA in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 12th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Cambria County 51.50 .00 76.50 02/12/2002 So an~$: ~ ~-~i~ ~J R. Thomas Kline Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me this _~7 ~- day of ~~~ 2,,o A.D. ' / ~rotho~tary In The Court of Common Pleas of Cumberland County, Pennsylvania Michael E. Clay SERVE: Michael E. Clay NO. 01 6985 civil NOW, January 4, 2002 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Canbria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within 2-6- ., 20.02~ ~, at o'clock __ M. served the Not found as to the within named defendant Michael E. Clay. Defendant upon no longer resides at the address of 606 Park Ave. Johnstown, Pa. 15902 at by handing to and made known to copy of the original the contents thereof. Sworn and subscribed~before me thisTt~ day of~/,~,~ So answers, Sheriff of COSTS s Rwc S-© MILEAGE AFFIDAVIT ~.DO County, PA SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-69850 T ;YLVANIA COUNTY SUSAN WICKARD ET AL VS MICHAEL E CLAY Amended JASON M BITNER , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CLAY MICHAEL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT NOT SERVED , as to the within named DEFENDANT CHECKED WITH P.O CHBG. NO SUCH ADDRESS. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage , CLAY MICHAEL E lng, Sher~ ~ Sworn and subscribed to before me this~ day o f~ ~.~ ~...~. Notarial Seal Patricia A. Strine, Notary Public Chambersburg F~oro, Franklin County My C'~rnmission Expires Nov. 4, 2004 In The Court of Common Pleas of Cumberland CounW, Pennsylvania Susan Wickard et al VS. Michael E. Clay SERVE: Michael E. Clay NO. 01 6985 civil Now, Decenber 13 ,20 Ol , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of prankl i ri County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, /'7 J&~ccttc~tj.. ,20t~'b/ ,at o'clock __M. served the within ~tO ra r~ la., ,~ ~ at by handing to a copy of the original m~d made known to No ~ ~d~ve~. So answers, the contents thereof. COSTS Sworn a~subscrib~d before SERVICE methis/['l day ~~, 20 6 9.- MILEAGE / ~~ ~ Notarial Seal , / / , Pat;~;~a A St~;t;, Nota~ Public / [ Chambe,:.~, ~ ac,o ~ranklin Coun~ - ~ ~' .... ~.~o. ~p,,~ Nov. n, ~o~ County, PA $ SUSAN WICKARD and : RODNEY WICKARD, : her husband, : : Plaintiffs : Vo : MICHAEL E. CLAY, : : Defendant : THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW No. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TFWE COPY FROM !, TesUflm.y wherEd. I hef umO my Imld NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 {717) 249-3166 SUSAN WICKARD and RODNEY WICKARD, her husband, : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA, Plaintiffs : : V. : .. MICHAEL E. CLAY, : : Defendant : CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Susan Wickard and Rodney Wickard, her husband, by and through their attorneys SCHMIDT, RONCA & KRAMER, P.C., and avers the following: THE PARTIES 1. Plaintiffs, Susan Wickard, and Rodney Wickard, wife and husband, are adult individuals residing 185 Brickchurch Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant, Michael Clay, is an adult individual who resides at 240 East Queen Street, Chambersburg, Franklin County, Pennsylvania, 17201. THE FACTS 3. The incident giving rise to this accident occurred on January 5, 2000, at approximately 11:39 a.m., on South Fayette Street southbound, at the intersection of South Fayette Street and Old Scotland Road (State Route 696), in Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Susan Wickard, was travelling south on South Fayette Street, which is the through street, approaching the South Fayette Street and Old Scotland Road (State Route 696) T-intersection. 5. At the aforementioned time and place, the Plaintiff, Susan Wickard was operating a 1997 Ford truck owned by David Wickard Siding Contractors. The Plaintiff, Susan Wickard, was operating the vehicle in the course of her employment with Carlisle Hospital Visiting Nursing Association. 6. At ihe aforementioned time and place, the Defendant, Michael Clay, the owner and operator of a 1997 Saturn, was travelling east on Old Scotland Road (State Route 696) in the 1997 Saturn, approaching the stop sign at South Fayette Street at the T-intersection of South Fayette Street and Old Scotland Road (State Route 696). 7. At the aforementioned time and place, the Defendant, Michael Clay, failed to yield at the stop sign at South Fayette Street and collided with the right rear of the Plaintiffs truck, spinning the Plaintiffs vehicle around and causing the injuries to the Plaintiff set forth below. 8. At the aforementioned time and place, it was daytime, the road surface was dry, and there were no adverse weather conditions. COUNT I SUSAN WICKARD V. MICHAEL E. CLAY NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused solely by the negligence, carelessness and recklessness of the Defendant, Michael Clay, and was in no way the fault of the The negligence, carelessness and recklessness of the Defendant Plaintiff. 11. consisted of.' a. b. failing to yield the right~of-way to traffic already in the highway after stopping at the stop sign in accordance with 75 Pa. C.S. § 3323 (b), which is negligence per s.e..; failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; c. failing to observe the Plaintiff's vehicle on the highway; d. failing to exercise the high degree of care required of a motorist entering an intersection; e. failing to keep a reasonable lookout for other vehicles lawfully on the road; f. attempting to enter an intersection when such movement could not be safely accomplished; g. failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; and h. failing to apply the brakes in time to avoid the collision. 12. As the direct and proximate result of the accident, the Plaintiff, Susan Wickard, suffered serious, and what may be permanent, injuries which include the following: ao post-traumatic myofacial pain syndrome/whiplash; neck and thoracic spine sprain/strain; headaches from persistent spasms and discomfort; d. chronic neck and shoulder ache; and e. acute lower pack pain. 13. As a direct and proximate result of the accident, the Plaintiff, Susan Wickard, has incurred medical expenses to-date and may continue to incur medical expenses into the future, and, thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has been advised and, therefore, avers that the aforementioned injuries may be permanent in nature and effect. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has undergone in the past and, will continue to undergo in the future, great pain and suffering. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Susan Wickard, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, suffered a permanent diminution of her ability to enjoy life and life's pleasures. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard will suffer an impairment of her earning power and capacity. WHEREFORE, the Plaintiff, Susan Wickard, demands judgment on the Defendant, Michael Clay, in an amount in excess of the amount requiring compulsory arbitration. COUNT II RODNEY WICKARD V. MICHA~-L CLAY LOSS OF CONSORTIUM iQ Prior Paragraphs 1 through 18 are incorporated herein by reference. 20. As a sole and proximate result of the Defendant's negligence, the r Plaintiff, Rodney Wickard, has suffered loss of society, companionship, and services of his wife. WHEREFORE, the Plaintiff, Rodney Wickard, demands judgment of the Defendant, Michael Clay, in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. Attorney I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, SUSAN WICKARD, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my cour~.~el in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the that of counsel, I relied upon counsel making this Verification. 'erification. /~']/ '~<~, / /¢/ // I understand that inten~/.x~t, false st~m/nts penalties of 18 Pa. C.S.^. § q~-4'~g~g tp u~ herein are subject to the sworn falsifications to authorities. Date: ~j~, I ~ SUSAN WICKARD SUSAN WICKARD and : THE COURT OF COMMON PLEAS RODNEY WICKARD, : CUMBERLAND COUNTY, her husband, : PENNSYLVANIA, : Plaintiffs : : v. : CIVIL ACTION - LAW MICHAEL E. CLAY, : : Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 --% NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea ' avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros c~erechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs VJ MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT AND NOV/, comes the Plaintiffs, Susan Wickard and Rodney Wickard, her husband, by and through their attorneys SCHMIDT, RONCA & KRAMER, P.C., and avers the following: THE PARTIES 1. Plaintiffs, Susan Wickard, and Rodney Wickard, wife and husband, are adult individuals residing 185 Brickchurch Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant, Michael Clay, is an adult individual who resides at 240 East Queen Street, Chambersburg, Franklin County, Pennsylvania, 17201. THE FACTS 3. The incident giving rise to this accident occurred on January 5, 2000, at approximately 11:39 a.m., on South Fayette Street southbound, at the intersection of South Fayette Street and Old Scotland Road (State Route 696), in Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Susan Wickard, was travelling south on South Fayette Street, which is the through street, approaching the South Fayette Street and Old Scotland Road (State Route 696) T-intersection. 5. At the aforementioned time and place, the Plaintiff, Susan Wickard was operating a 1997 Ford truck owned by David Wickard Siding Contractors. The Plaintiff, Susan Wickard, was operating the vehicle in the course of her employment with Carlisle Hospital Visiting Nursing Association. 6. At the aforementioned time and place, the Defendant, Michael Clay, the owner and operator of a 1997 Saturn, was travelling east on Old Scotland Road (State Route 696) in the 1997 Saturn, approaching the stop sign at South Fayette Street at the T-intersection of South Fayette Street and Old Scotland Road (State Route 696). 7. At the aforementioned time and place, the Defendant, Michael Clay, failed to yield at the stop sign at South Fayette Street and collided with the right rear of the Plaintiffs truck, spinning the Plaintiff's vehicle around and causing the injuries to the Plaintiff set forth below. 8. At the aforementioned time and place, it was daytime, the road Surface was dry, and there were no adverse weather conditions. COUNT I SUSAN WICKARD V. MICHAEL E. CLAY NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused solely by the negligence, carelessness and recklessness of the Defendant, Michael Clay, and was in no way the fault of the Plaintiff. 11. consisted of: a. b. The negligence, carelessness and recklessness of the Defendant do eo go failing to yield the right-of-way to traffic already in the highway after stopping at the stop sign in accordance with 75 Pa. C.S. § 3323 (b), which is negligence per. se; failing t6 operate his vehicle in accordance with existing traffic conditions and traffic controls; failing to observe the Plaintiff's vehicle on the highway; failing to exercise the high degree of care required of a motorist entering an intersection; failing to keep a reasonable lookout for other vehicles lawfully on the road; attempting to enter an intersection when such movement could not be safely accomplished; failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; and h. failing to apply the brakes in time to avoid the collision. 12. As the direct and proximate result of the accident, the Plaintiff, Susan Wickard, suffered serious, and what may be permanent, injuries which include the following: ao post-traumatic myofacial pain syndrome/whiplash; neck and thoracic spine sprain/strain; headaches from persistent spasms and discomfort; d. chronic neck and shoulder ache; and e. acute lower pack pain. 13. As a direct and proximate result of the accident, the Plaintiff, Susan Wickard, has incurred medical expenses to-date and may continue to incur medical expenses into the future, and, thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has been advised and, therefore, avers that the aforementioned injuries may be permanent in nature and effect. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has undergone in the past and, will continue to undergo in the future, great pain and suffering. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Susan Wickard, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, suffered a permanent diminution of her ability to enjoy life and life's pleasures. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard will suffer an impairu~ent of her earning power and capacity. WHEREFORE, the Plaintiff, Susan Wickard, demands judgment on the Defendant, Michael Clay, in an amount in excess of the amount requiring compulsory arbitration. COUNT II RODNEY WICKARD V. MICHAEL CLAY LOSS OF CONSORTIUM 1~ Prior Para§raphs 1 throu§h 18 are incorporated herein by reference. 20. As a sole and proximate result of the Defendant's negligence, the Plaintiff, Rodney Wickard, has suffered loss of society, companionship, and services of his wife. WHEREFORE, the Plaintiff, Rodney Wickard, demands judgment of the Defendant, Michael Clay, in an amount in excess c~f the amount required for compulsory arbitration, together with interest and costs. Respectfully submitted, SCHMIDT, RONCA/is KRAMER, P.C. '/~Gerard Kramer Attorney at Law Attorney I.D.//44715 209 State Street Har~risburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs I'~,'iUE COPY FROM RECORD In Testimony wnereo~, I VERIFICATION BASED UPON PERSONAL KNOWLEDGE · AND INFORMATION OBTAINED THROUGH COUNSEL I, SUSAN WICKARD, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my cour~el in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and bdlief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: SUSAN WICKARD SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA, : CIVIL ACTION - LAW : : NO. 01-6985 Civil Term : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate Plaintiffs' Complaint which was filed in your office on December 12, 2001, with regard to the above-captioned matter. Respectfully submitted, SCHMIDT, RONCA/~ KRAMER, P.C. Aelrard C. Kramer orney at Law orney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs Vo MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA, : : : : CIVIL ACTION - LAW : · NO. 01-6985 Civil Term : : ,JURY TRIAL DEMANDED ORDER AND NOW, this day of ,2002, IT IS HEREBY ORDERED AND DECREED that the Plaintiffs, SUSAN WICKARD and RODNEY WICKARD, shall serve process on the Defendant, MICHAEL E. CLAY, by serving MICHAEL E. CLAY'S insurance company STATE FARM INSURANCE at 115 Limekiln Road, P. O. Box 257, New Cumberland, PA 17070-0257 and by publication in The Sentinel Newspaper and the Cumberland Law Journal. BY THE COURT: SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant · THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA, : : : : CIVIL ACTION - LAW : : NO. 01~6985 Civil Term : : ,JURY TRIAL DEMANDED MOTION FOR SUBSTITUTION OF SERVICE AND NOW comes the Plaintiffs, SUSAN WICKARD and RODNEY WICKARD, by and through their attorneys, SCHMIDT, RONCA & KRAMER P.C., and respectfully avers as follows: 1. On January 5, 2000, Plaintiff SUSAN WICKARD was injured in an automobile accident caused by the negligence of the Defendant, MICHAEL E. CLAY. 2. At the scene of the accident, Defendant CLAY was cited for failure to obey a stop sign, a violation of 75 Pa. C.S.A. § 3323{a). (See Police Report attached as Exhibit 3. According to the Commonwealth of Pennsylvania Police Accident Report Incident Number A-00-0001, Defendant CLAY resides at 240 E. Queen St., Chambersburg, Pennsylvania 17201. {See Police Report attached as Exhibit ~A',). 4. Plaintiffs have filed a civil suit against the Defendant. 5. Plaintiffs have attempted to serve process on Defendant CLAY at 240 E. Queen St., Chambersburg, Pennsylvania 17201 on January 17, 2002 (See attached Exhibit 6. The Sheriff of Franklin County was unable to serve Defendant CLAY at 240 E. Queen St., Chambersburg, Pennsylvania 17201 because, as the Shippensburg Post Office confirmed, there is no such address (See attached Exhibit 7. Plaintiffs have conducted a current address search for Defendant CLAY (See attached Exhibit "C"). 8. The results of the above-mentioned search yielded a last known address for Defendant CLAY at 606 Park Avenue, Johnstown, Pennsylvania 15902. (See attached Exhibit "C"). 9. Plaintiffs' unsuccessfully attempted to serve Defendant CLAY at 606 Park Avenue, Johnstown, Pennsylvania 15902. (See attached Exhibit "D"). 10. The Sheriff of Cambria County reported that Defendant CLAY no longer resides at 606 Park Avenue, Johnstown, Pennsylvania 15902. (See attached Exhibit ',D~). 11. Plaintiffs have hired a private investigator to determine Defendant CLAY'$ whereabouts. 12. Plaintiffs private investigator has determined that Defendant CLAY is not keeping his records current and appears to be concealing his whereabouts. (See attached Exhibit "E"). 13. Defendant CLAY'S agent, STATE FARM INSURANCE COMPANIES, is not aware of CLAY'S whereabouts. 14. Plaintiffs believe that Defendant CLAY is attempting to avoid civil legal action. WHEREFORE, the Plaintiffs, SUSAN WlCKARD and RODNEY WlCKARD, respectfully request that the Court allow them to serve process on the Defendant, MICHAEL E. CLAY, by serving Defendant CLAY's insurance company STATE FARM INSURANCE at 115 Limekiln Road, P. O. Box 257, New Cumberland, PA 17070- 0257and by publication in The Sentinel Newspaper and the Cumberland Law Journal. DATED: Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. /Gerard C. Kramer ~ Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs Exhibit A COMMONWEAL TH OF PENNSYI. v'ANIA [HEETS ~/ REPORTABLE __ NON - REPORTABLE I-~ PENNDOT USE ONLY INClDE~ .UMBER L AGENCY 3. STATION/ 4. PATROL .REC~.CT ~ 4'Y ~' P,'~ zo.E INVESTIGATOR BADGE S. APPROVED BY BADGE NUMBER //3? 10. DAY OFWEEK 12. NUMBER OF UNiTS 15. PRIV. PROP. ACCIDENT Y [] 16, DID ~'=HIDLE HAVE TO BE REMOVED 17. VEHICLE DAMAGE FROM 11~E SCENE? 0 - NONE UNiT 1 UNIT I UNiT 2 I - UGHT 2 - MODERATE Y[~ Nr--] Y~] NC 3-SEVERE UNiT2 18. HAZARDOUS MATERIALS Y [] N [] ,9. PENNDOT PROPERTY Y [] UNTO# 1 COUNTY CODE CODE PRINCIPAL ROADWAY INFORMA T/ON ~2. ROUTE NO. OR STREET.~ME S' F'.,qY~f.~"E ~7";., 23. SPEED 2~. TYPE 5. ACCESS LIM,T --I R,G.WAY O I CO OL INTERSECTING ROAD: ~6. ROUTE NO. OR STRE~ NAME ~7. SPEED 28. ~PE . ACCESS IF NOT AT INTERSECTION: ~ ~0. cross ~E~OR N~ SEGME~ MARKER ~. DISTANCE FROM SITE N S E W I~. DISTANCE WAS M~SURED 35. ~AF~C CONSTRU~ION ~ ~5~ CONSOL PRINCIPAL IN~RSE~iNG se. OR~VSR 58. DRIVER .AME 59. DRIVER ADDRESS 67. CARRIER~' N[] Y N 37. REG. 138. STATE PARKED? ]9. PA TITLE OR ADORESE /~S ~t~ ~. Y~R ~ 7 ]~* MAKE ~. OOY [48~SPECIAL ~ 49. ~HIC~ ~OINT50' I~AL IMPA~ ~ ~5'~. VEHICLE -- ~SPEED~EL ~. VEHICLE 5. DRIVER $7. CARRIER 68. CARRIER ~8. CARRIER ADDRESS ADDRESS 69. CITY, STA & ZIPCODET? 70. USDOT # . I ICC # PUC # ~Z2.) VEH. . CARGO 74. GVWR 75. NO. OF .HAZARDOUS 77. R~I.~ASE I~]HAZ KMA~ AX S TER,^LS . UN 1457134 ]9. CITY, STATE & ZIPCODE ;'0. USDOT # ] ICC # 7~. VEH. '. CARGO ~CONP,G. ¥~E YPE 75. NO. OF ~. HAZARDOUS AXLES RIALS PAGE: PUC # 74. GVWR ¥ UN CENTER FOR HIGHWAY SAFETY o IN~I~U~NCE ~MPANY ~ ~ INFORMATIoNINSU~NCE =~PANY~ ~ ~ ~ m ~1. PRO~B~USE ~92. W~ ~RESULTS ~ NO ~ ~I~PR~LEusE ~PE~ ~ESUL~ ~ NO ~ ~. INVE~N 14.5 7 ! 3 4 .AGE: ~OE.~. FO., Exhibit B In The Court of Common Pleas of Cumberland County, Pennsylvama Susan Wickard et al VS. Michael E. Clay SERVE: Michael E. Clay No. 01 6985 civil I~OW, ,Dec~mber 13 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of CUmberland County, PA Affidavit of Service ,200"1/, at o'clock not- M. served the by handing to a copy of the original and made known to po. So answors, the contents thereof. ~ty, PA Sworn a~subscrib~d before me this/[_~/_ day o~ 20 / COSTS S Rx CE MILEAGE AFFIDAVIT Ch~mbe, o' ' ~,,'~ r:mn~dln County ~ t~'-~i~r~ion E~.p~re8 NOV. 4, 2004 SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-69850 T ¢OMMONWEAL~%~O~,NN SYLVAN IA COUNT SUSAN WICKARD ET AL VS MICHAEL E CLAY Amended JASON M BITNER , Sheriff , who being duly sworn accordin9 to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CLAY MICHAEL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT the within named DEFENDANT , CLAY MICHAEL E NOT SERVED , as to CHECKED WITH P.O CHBG. NO SUCH ADDRESS. Sheriff's Costs: Docketing 9.00 Service 5.00 Affidavit 6.00 Surcharge 10.00 Mileage 2.90 32.90 SCHMIDT RONCA AND KRAMER 01/17/2002 Sworn and subscribed to before me this ~__~ day of~ 6t/c ~-~ .- / Nota~ ' P~ttda A. S~i~m, No~ P~ Ch~u~ ~ro, F~Hin ~ ~ Exhibit C P,O. Box 60515 Harrisburg, PA 17106-0515 (717) 599-5505 (800) 443-0824 Fax (717) 599-5507 January 3, 2002 Mr. Gerard C. Kramer, Esq. Schmidt, Ronca, & Kramer, P.C. 209 State St. Harrisburg, PA 17101 Re: Michael E. Clay Dear Gerry: In reference to your request for the above-captioned individual's current address, Information Network Associates, Inc. ("INA") has established the following address history for Michael E. Clay (DOB: 03/26/72; SSN: 189-54-2974, and PA OLN: 22762255): Address D~te Repqr~d / 1) 606 Park Ave. .,~----J~h~PA 15902 -2-[ 17~"L[~coln Way E. Apt. #3 Chambersburg, PA 17201 01/01 3) 340 E. Queen St. 04/00 Charabersburg, PA 17201 4) 33 Maple Heights 12/95 Windber, PA 15963 If you have any questions, or if additional investigation is required, please advise. Thank you for using INA to help fulfill your information requirements. Very truly yours, DPR:wl Information Network Asloc~/Inc. Exhibit D In The Court of Common Pleas of Cumberland County, Pennsylvania Michael E. Clay SERVE: Michael E. Clay No. 01 6985 civil NOW, J~uax3r' 4, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof C~nbr~a Colmty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Cotmty, PA Affidavit of Service Now, Z-6- ,20.02. ~ at o'clock __ M. served the Not found as to the within named defendant Michael E. Clay. Defendant upon no longer resides at the address of 606 Park Ave. dohnstown, Pa. 25902 by handing to a and made known to copy of the original the contents thereof. So answers~ Shefiffof County, PA Sworn and subscribed~before COSTS MII.EAGE AFFIDAVIT CASE NO: 2001-06985 P COMMONWEALTH OF PENNSYLVANIA: 'COUNTY OF CUMBERLAND WICKARD SUSAN ET AL VS CLAY MICHAEL E - OUT OF COUNTY R. Thomas Kline duly sworn accordin9 to law, and inquiry for the within named DEFENDANT , to wit: , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. He therefore County, Pennsylvania, CLAY MICHAEL E but was unable to locate Him deputized the sheriff of CAMBRIA serve the within COMPLAINT & NOTICE to On February 12th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Cambria County 51.50 .00 76.50 02/12/2002 So answe.rs: ~" ~ Ri Thomas Kline Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETUP~N - OUT OF COUNTY CASE NO: 2001-06985 P ,COMMONWEALT}{ OF PENNSYLVANIA: COUNTY OF CUMBERLkND WICKARD SUSAN ET AL VS CLAY MICHAEL E R. Thomas Kline , Sheriff or Deputy Sheriff who bein9 duly sworn accordin9 to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CLAY MICHAEL E but was unable to locate Him in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 12th , 2002 , this office was in receipt of the attached return from FP3%NKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge. 10.00 Dep Franklin Co 32.90 .00 69.90 02/12/2002 R. Thomas Kllne Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me this day of A.D. Prothonotary Exhibit E AFFIDAVIT Commonwealth of Pennsylvania County of Dauphin ) ) ) SS: Before me, the undersigned notary public, did personally appear William G. Stoeffler, who being duly sworn according to law, deposes and states as follows: My name is William G. Stoeffler, and I am employed as an investigator with Information Network Associates, Inc located at 5235 North Front Street in Harrisburg, PA. In my capacity as an investigator, I have been tasked with attempting to locate one Michael E. Clay, whose last known address is 606 Park Avenue, Johnstown, PA 15902. A review of credit history information indicated that Mr. Clay resided at the Johnstown address as of February, 2001. Public Data Base records indicate that Mr. Clay has resided at this location over several periods since 1997. On 13 February 2001 I traveled to the Johnstown area to attempt to verify the address information for Mr. Clay. A visit to the residence revealed that a Mr. Paul Michaels now owns and resides in the house. Mr. Michaels stated that he purchased the home from Bank One of Chicago in July of 2001. He indicated that he believed that the house had been utilized as a boarding house prior to being foreclosed upon. He did not recognize the name of Mr. Clay. I subsequently spoke to several neighbors who verified that the residence had been a boarding house, and that people were regularly "coming and going" from the property. No one recognized the name of Michael Clay. Research was conducted at the Johnstown City Hall of municipal sewer, water, garbage collection and tax records. This search revealed that Mr. Clay does not now own any real estate in the city of Johnstown, nor does he have any sewer, water, or trash removal service in his name. Research at the Johnstown Police Department Records Division did not reveal any information about Mr. Clay. 10. 11. 12. 13. 14. Research of records at the Cambria County Courthouse indicated that a Mr. John Ko Proctor had owned the residence in Johnstown. In March of 2001, a foreclosure action by the Cambria County Sheriff resulted in the eviction of all the tenants of the property. Sheriff's records indicated that they effected service of the foreclosure notice on March 10,2001 upon a Michelle Clay at the 606 Park Avenue address. A search of records at the Cambria County Courthouse on 13 February 2002 did not show a criminal history for either Mr. Clay or Mr. Proctor. On 13 February 2002 the Cambria County supplied a possible address for Mr. Proctor Route 220 in Bedford. Sheriff's Office of 3390 Business On 13 February 2002 I traveled directly to the Bedford area, but was not able to positively locate this address due to a recent address restructuring of this region to facilitate 911 service. Neither local residents nor police officers were able to direct me to this address. On 14 February 2001, I conducted a search of online data base records for Mr. Proctor and Michelle Clay. The last address shown for Michelle Clay is 606 Park Avenue in Johnstown. For Mr. Proctor, the last known address is the Bedford location. Additionally, Mr. Proctor is listed as an officer for a non- profit corporation located at 263 Cemetery Road in Johnstown trading as "Lord of All Ministries". Mapping software indicates that this address is located outside of the city limits of Johnstown, in the Stoystown area. On 22 March 2002, I spoke to an Officer Zackucia of the Stoystown Police department. He indicated that this address is located in his jurisdiction and supplied me with a phone number of (814) 893-5745. This phone number is not in service as of 25 March 2002. On 22 March 2002, I spoke to Tammy from the Bedford County Communications Center. She is responsible for operation of the mapping software used by dispatchers in Bedford County. Tammy indicated that the 3390 Business 220 address is actually the Caretakers cottage at the cemetery located just outside the incorporated borough limits of Bedford. She supplied a listing from the Bedford telephone directory for "J&L Proctor" at this address with a phone number of (814) 623-9256. Calls to this number have not been returned as of 25 March 2002. 15. Various searches of public records and on-line data bases indicate that Mr. Clay has not updated his address information since February of 2001. 16. I understand that intentional false statements herein are subject to the penalties of 18 Pa C.S.A. Section 4904. Sworn and subscribed to me this 25th da~h~ Dankl R RFan, Nom'y Public Smmla,m. 'l%,p.. l~qmln County My f~r~mlukm l~ulr~ Dec. 4, 2004 SUSAN WICKARD and RODNEY WICKARD, · her husband, Plaintiff Vo MICHAEL E. CLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6985 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of April, 2002, upon consideration of Plaintiffs' Motion for Substituted Service, the motion is granted to the extent that Plaintiffs are authorized to serve original process upon Defendant in this case by service upon his insurance company, State Farm Insurance, at 115 Limekiln Rd., P.O. Box 257, New Cumberland, PA 17070-0257, by publication once in a newspaper of general circulation in Cumberland County, Pennsylvania, in a newspaper of general circulation in Cambria County, Pennsylvania, and in the Cumberland Law Journal, and by regular mail sent to Defendant's last known address. NOTHING HEREIN is intended to impose upon Defendant's insurance company an obligation to expend its resources attempting to locate Defendant if his whereabouts are unknown to it. ~erard C. Kramer, Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs BY THE COURT, SUSAN WICKARD and RODN~.Y WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. 01-6985 Civil Term JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate Plaintiffs' Complaint which was filed in your office on December 12, 2001, with regard to the above-captioned matter. Respectfully submitted, SCHMIDT, RONCA ~k KRAMER, P.C. DATED: 4/25/02 By ~ -/~rard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 {717) 232-6300 Attorney for Plaintiffs SUSAN WICKARD and RODNEY WICKARD, Plaintiff Vo MICHAEL E · CLAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6985 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED FOR ~.pp F.~V,~NCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & weidner, on behalf of Defendant Michael E. Clay in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: May 17, 2002 SHERIFF'S CA~E NO: 2001-06985 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WICKARD SUSAN ET AL VS CLAY MICHAEL E RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CLAY MICHAEL E but was unable to locate Him deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE , to wit: He therefore Pennsylvania, to On May 16th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 33.87 .00 58.87 05/16/2002 R. Thomas Kline Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me this 3.~ day of~ ~o2~ A.D. f ~__~ro~honotary' ! ' SHERIFF'S RETURN - CA~E NO: 2001-06985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WIC~ARD SUSAN ET AL VS CLAY MICHAEL E OUT OF COUNTY R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT CLAY MICHAEL E , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and in his bailiwick. County, but was unable to locate Him deputized the sheriff of CAMBRIA , to wit: He therefore Pennsylvania, serve the within COMPLAINT & NOTICE to On May 16th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Cambria County 53.50 .00 90.50 05/16/2002 R. Thomas Kline - '~ Sheriff of Cumberland County SCHMIDT RONCA KR3~4ER Sworn and subscribed to before me this 3~ day of ~ ~o~ A.D. ~ I P~othonotar~TM SHERIFF'S RETURN - CA~E NO: 2001-06985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WICKARD SUSAN ET AL VS CLAY MICHAEL E OUT OF COUNTY R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT CLAY MICHAEL E but was unable to locate Him deputized the sheriff of CAMBRIA , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE , to wit: He therefore Pennsylvania, to On May 16th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Cambria County 35.25 .00 72.25 05/~6/2002 R. Thomas Kline Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me this ~/~/- day of~ :20~ 2~ A.D. ' ; Prothonotary' ' · RetuY~n this form to Ct~nberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Susan Wickard et al VS. Michael E. Clay SERVE: Michael E. Clay NO. 01 6985 civil Now, February 27, 2002 ., I SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Ca~nbria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within Affidavit of Service ,20 , at o'clock __ M. served the upon at by handing to copy of the original and made known to the contents thereof. Not found as to the within named defendant. Does not live at 606 Park Ave. dstn. Pa. So answers, Sheriff of 15902 County, PA Sworn and subscribed before me this I(~ day of [1) cu.4 ,20 (5/~. COSTS SERVICE 32- MILEAGE AFFIDAVIT gE. :11 ¥ I- IJWl ~ CAMBRIA COUNTY SHERIFF'S OFFICE NAME~ Cumberland County Sheriff ADDRESS~ One Courthouse Square Carlisle, PA 17013 PLNTF~ SUSAN WICARD ET AL DEFT~ MICHAEL CLAY Service of the~ Notice & Complaint captioned matter has~ has not~ X on~ Michael Clay. : NOT FOUND - no longer lives at 606 Park Avenue pursuant to your instructions. The date of service ls~ BOB KOLAR, SHERIFF EBENSBURG, PA.15931 NO: 2002-90064 (01-6985) DATE~ March 7, 2002 filed in the above been made Return this form to Cc~nberland Co%mty Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Susan Wickard et al VS. Michael E. Clay SERVE: Michael E. Clay No. 01 6985 civil NOW, March 28, 2002 , I, SHERIFF OF' CLrlVIBERLAND COUNTY, PA, do hereby deputize the sheriff of Cambria COunty to execute this Writ, this deputation' being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA INIOW, within' Affidavit of Service ,20~) 2.rat o'clock__ M. served the upon by handing to a copy of the original and made known to Not found as to the within named def~endant Michael ~0 answers, Sheriff of Cambria Co. Defendant moved. Sheriffof the contents thereof. E. Clay by Bob Kolar, County, PA Sworn and subscribed before: me this .?&lt~ day of ~___, 20 t~ COSTS SERVICE ~ C-/-h MILEAGE ,~t.J' ~--' A m^wz O NAME, ADDRESS~ CITY, CAMBRIA COUNTY SHERIFF'S DEPT. 2ee S. CENTER ST. EBENSBURG, PA. 15931 (814}472-1691 Cumberland County Sheriff Dept. One Courthouse Square Carlisle, PA 17e13 NO, 20~2-90098 (01-6985) DATE, April 12, 2~02 PLAINTIFF, SUSAN WICKA~D DEFENDANT, MICHAEL CLAY Servlce of the, Complaint fXled in the above captioned matter has, has not, X been made on, Michael Clay , NOT FOUND - Does not live at 6~6 Park Avenue, Johnstown pursuant to your instructions. The date of service is, BOB KOLAR, SHERIFF COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLr=jILSIr TYFE ONLY LINE 1 THRU DO NOT DETACH ANY COI ES 1. PLAINTIFF/S/ I 2. COURT.,N~UMBER Susan Wickard et al I O1 6985 civil 3. DEFENDANT/S/ 14. TYPEOFWRITORCOMPLAINT Michae~ ~NA~E~F~I~`~DIv~DUAL'C~MPANY~RP~RAT~N~ET~T~ERvE~RDES~R~PT~N~FPR~ER~T~T~CBE~LE&v~E~D~z[~pA3q~cH~E`D~RS~L~~ SERVE y State Farm Insurance 6, ADDRESS (STREET OR RFO WITH SOX NUMBER, APT. NO., CITY, BORO, T~NP., STATE AND ZIP CODE) AT 115 Limekiln Road New CL~berland, PA 17070 7. INDICATE SERVICE: [J PERSONAL C} PERSON IN CHARGE [J DEPUTIZE ,...~...~C[.R~T.~I .~=..=[J C RT. AIL El 1ST CLASS MAIL [J POSTED [J OTHER NOW April 29 ,20 02 I, SHERIFF O~IIi~'~UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute ~ke return th r.,~.~..e?~ccording to law. This deputization being made at the request and risk of the plaintiff. 'X -'~--~-~-..~-~-~;,~.~ ~"-//' _ SHERIFF O F ~I~K ~'I:~O1~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~berland OUT OF COUNTY Serve defendant's insurance cu[,pany per court order. CUlqBEREAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9, TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE SCHMIDT, RONCA & KRAMER 209 STATE ST. HARRISBURG,PA 17101 10. TELEPHONE NUMBER 11. DATE FILED 232-6300 4-26-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUNBERLN,',D CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ or complaint as indicated above· R. AHRENS 14. DATE RECEIVED 5-1-02 155 E)~i~ti°07ead ng Data 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE(~ SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17. r~ I hereby cerUty and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. N~M~1EAN~;)T~TLE~F~ND~V~DU~ERVED/L~ADDR~SSHF~-RE~FN~TSH~WNAB~VE(Re~ati~nshipt~Defendant) 119. D~teofService 120. ]]meofService , . , · atel 'lM"esl th"lDdt''timeMilesI .n..IDatel meMiles,nt. ID.,l meInt. 22. REMARKS: 24. Service Costs 25. N/F 26. Postage 28, Sub Total 30. 31. Surchg. 32. Tot. Costs 18.00 13.87Mileage 27, 31.87 29. Pound 2.00Notary33.87 37. Notary Cert. 138. Mileage/Posted/Not Found I 39. Total Costs 23. Advance Costs 75.00 34. Foreign County Costs 1 35. A~van~ Costs [ 3¢ Service Costs J.U 41. AFFIRME subscdbed to before this ~ I I ff 0[- .... ' N~[h~ARY I C~ty of Yo~k, yoH~,~, pA I 4o. Costs Due or Refund 47. DATE 49. DATE 51. DATE RECEIVED 50. I ACKNOWLEDGE RECEIPT Of THE SHERIFF'S RETURN SIGNATURE OF AUTH~?~ZED iSSUING AUTHORITY AND TTTLE 1. WHITE - ISSuing Authority 2. PthIK - Attorney 3. CANARY - Sheriff's Office 4, BLUE - Sheriffs Office COUNTY' OF YORK OFFICE OF THE SHERIFF SE.VICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE II~TRUCTION~ PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2. COURT NUMBER Susan Wickard et al 01-6985 civil 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ Michael E. Clay Notice & Cu,',plaint 5. NAME OF INDIVIDUAL, COMPAN~ CORPOPJ~TION, ETC. TO SERVE OR DESCRIPTION OF PROPER13~ TO SE LEVIED, A~ACHED, OR SOL~ SERVE .~ State Fal~m Insurance 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY.. BoRe. TWR. STATE AND ZIP CODE) AT 115 Limekiln Road New Ctm~berland, PA 1~070 7. INDICATE SERVICE: O PERSOI~AL O PERSON IN CHARGE O DEPUTIZE,~.J_~C[R~T.~..~..aQ C RT. AIL O 1 ST CLASS MAIL O POSTED [2 OTHER NOW April 29 , 20 02 I, SHERIFF ~:"~II~'"~,~)'UNTY, PA, do hereby deputize the sheriff of York = : _ COUNTY to execute ~.,,¢¢¢rfake return t~[~,m'~cording to law. This deputization being made at the request and risk of the plaintiff· ~ ~_~-~,¢-.~" ~'~--..,,-~ · SHERIFF O f 'lll~llKl-~70~d NTM ' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Serve defendant's insurance company per court order. OUT OF COUNTY CUMBERLAND ~-~ ADVANCED FEE PAID BY SHERIFF "~IOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any propeCty under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9~TYPENAMEandADDRESSofA3q'ORNEY/ORIGINATORandSIGNATURE 10 TELEPHONE NUMBER 11. DATEFILED SCHMIDf, RONCA & KRANER 209 STATE ST. HARRISBURG,PA 17101 232-6300 4-26-0~ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF ; ' . SPACE BELOW FOR USE OF THE sHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowtadge receipt of the writ I 14. DATE RECEIVED 15. Expiration/Hearing Date orcompiaintasindicatedabove. R,, AHRENS , , / [ 5.1~02 5-26-02 16. HOWSERVBD: PERSONAL( ) RESIDENCE( ) POSTED( ) POE(~(~ SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17, ..I I hereby certify and re~rn a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. N~EANDT~TLE~F~ND~D~/g.~/~ER~ED/L~S~ADDRES~HE~RE~FN~TSH~NAB~E(Re~attanshipt~Defendant) 19. D~teof~ervice 20. ~ofS~ice 22. R~RKS: 23. Advance75.00Costs 24.18.00Service Costs 25. N/F 2613.87Mileage 27. 34, Foreign County Costs 1 35. Advance Costs I 36. Service Costa 41. AFFIRMED an'~ subscribed tb before me this 42. day of MAY .20 43./ '~ · ~{ NOTARy 3ostage{ 28. SubTotal 29. Pound 30. Notary 31. Surchg. 32. Tot Costs 33, C0stsDueorRefund I 31.87 2.nn , 33.87 41.13 37. Notaw Cod. I 38. Mileage/Posted/Not Found I 39. Total Costs WILLIAM M. HOSE . 40. Costa Due or Refund 5-10-02 49. DATE 50, I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK ~ Attorney 3. CANARY - Sheriff's Office 4. SLUE - Sheriffs Office SUSAN WICKARD and ' ROD, N~Y ,WICKARD, her husband, .Plaintiffs MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, · PENNSYLVANIA, : : · CIVIL ACTION - LAW : NO. C~I- : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance pbrsonally 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 jud~ient may be entered against you by the CoUrt' ::' without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other-: rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF.YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, OO TO OR TELEPHONE THE ~ OFFICE SETFORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP'~ CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-$166 NOTICIA._ Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al parfir de la fecha de la demanda y ia notilicacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en lo,ma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea ' avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en l_a peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA Dt~MANDA A UN ABODAG0 INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV/CIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION gE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SUSAN WICKARD and · RODNE¥ WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, · PENNSYLVANIA, : CIVIL ACTION - LAW : NO. : JURY TRIAL DEMANDED COMPLAINT AND NOW; comes th~ Plaintiffs, Susan Wickard and Rodney Wickard, her husband, by and through their attorneys SCHMIDT, RONCA & KRAMER, P.C., and avers the following: THE PARTIES_ - 1. Plaintiffs, Susan Wickard, and Rodney Wickard, Wife and husband, are adult individuals residing 185 Brickchurch Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant, Michael Clay, is an adult individual who resides at 240 East Queen Street, Chambersburg, Franklin County, Pennsylvania, 17201. THE FACTS 3. The incident givint rise to this accident occurred on January 5, 2000, at approximately 11:39 a.m., on South Fayette Street southbound, at the intersection of South Fayette Street and Old Scotland Road (State Route 696), in Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Susan Wickard, was trav~lling'south on South Fayette Street, which is the through street, approaching the South Fayette Street and Old Scotland Road (State Route 696) T-intersection. 5. At the aforementioned time and place, the Plaintiff, Susan Wickard was operating a 1997 Ford truck owned by David Wickard Siding Contractors. The Plaintiff, Susan Wickard, was operating the vehicle in the course of her employment with carlisle Hospital visiting Nursing Association. 6. At the aforementi?ned time and place, the Defendant, Michael Clay, the owner and operator of a 1997 Saturn, wis travelling east on Old Scotland Road (State Route 696) in the 1997 Saturn, approaching the Stop sign at South Fayette Street at the T-intersection of South Fayette Street and Old Scotland Road (State Route 696). .- 7. At the aforementioned time and place, the Defendant, Michael Clay, failed to yield at the stop sign at South Fayette Street and collided with the right rear of the Plaintiffs truck, 'slSinning the Plaintiffs vehicle around and causing the injuries to the Plaintiff set forth below. 8. At the aforementioned time and place, it was daytime, the road surface was dry, and there were no adverse weather conditions. COUNT I SUSAN WICgARD V, MICHAEL E. CLAY NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiffs Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused solely by the negligence, carelessness and reckiessness of the Defendant, Michael Clay, and was in no way the fault of the Plaintiff. 11. The negligence, carelessness and recklessness of the Defendant consi!ted of: 8.. failing to yield the right-of-way to traffic already in the .highway after stopping at the stop sign in accordance with 75 Pa. 0.8. § 3323 (b), which is ~ 12~ se; b. failing t6 operate his vehicle in accordance with existing traffic conditions and traffic .controls; c. failin~g to observe the Plaintiff's vehicle or~ the highway; d. failing to' exercise the high degree of care required of a motorist entering an intersection; e. failing to keep a reasonable lookout for other vehicles lawfully on the road; f. attempting to enter an intersection when such movement could not be safely accomplished; g. failing to prudently proceed through the mtersectio so as to avoid creating a dangerous mtuatio for other vehicles on the highway; and h. failing to apply the brakes in time to avoid the collision. 12. As the direct and proximate result of the accident, the Plaintiff, Susan Wickard, suffered serious, and what may be permanent, injuries which include the following: post-traumatic myofacial pain syndrome/whiplash; neck and thoracic spine sprain/strain; headaches from persistent spasms and discomfort; · d. chronic neck and shoulder ache; and e. acute lower pack pain. 13. As a direct and proximate result of the accident, the plaintiff, Susan Wickard, has incurred medical expenses tO-date and may continue to incur medical expenses into the future, and, thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle 2ccident, the Plaintiff, Susan Wickard., has been advised and, therefore, avers that the aforementioned injuries may be permanent in nature and effect.' 15. As a direct and proximate result of the injuries sustained in the ~otor vehicle accident, the Plaintiff, Susan Wickard, has undergone in the past and, will continue to undergo in the future, great pain and suffering. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Susan Wickard, has been obliged to spend various sums"' Of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future. 17. /~s a direct and proximate result of the injuries sustained in the motor vehicle accident, the plaintiff, Susan Wickard, suffered a permanent diminution of her ability to enjoy life and life's pleasures. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard will suffer an impai~ment of her earning power and capacity. · WHEREFOR]~, the Plaintiff, Susan Wickard, demands judgment on the Defendant, Michael Olay, in an amount in excess 'of the amount reqmnng compulsory arbitration. COUNT II RODNEY WIC~ARD V. MICHAEL' CLAY LOSS OF CONSORTIUM 1~ Prior paragraphs 1 throuF~ 18 arc incorporated herein by reference· 20. As a sole and proximate result of the Defendant's negligence, the Pla!mtiff, Rodney Wickard, has suffered loss of society, companionship, and services Of his wife. WHEREFORE, the Plaintiff, Rodney Wickard, demands judgment of the Defendant, Michael Clay, in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. · d Respectfully subrmtte , SCHMIDT, RONCA & K1L~ER, P.C. · By Kramer Attorney at Law Attorney I.D. #44715 209 State Street Ha_&isburg, PA 17101 (717) 232-6300 Attorney for plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGI~ AND INFORMATION OBTAINED THROUGH COUNSEL I, SUSAN WICKARD, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my coUnsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and bglief. To the extent that the contents of the Complaint are that'of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom fais~fications to authorities.. Date: SUSAN WICKARD SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA, : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ~OTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF.YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET. FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma .escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVIg ESTA DEMANDA A UN ABODAGO iNMIgDIATAMENTE. SI NO ~ TIENE ABOGAD0 0 SI NO TIENE EL DINERO SUFICIENTIg Dig PAGAR TAL SERVICIO, VAYA EN pERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE IgNCUIgNTRA E$CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 · SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA, : CIVIL ACTION - LAW : NO. : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Susan Wickard and Rodney Wickard, her husband, by and through their attorneys SCHMIDT, RONCA & KRAMER, P.C., and avers the following: THE PARTIES 1. Plaintiffs, Susan Wickard, and Rodney Wickard, wife and husband, are adult individuals residing 185 Brickchurch Road, Newville, Cumberland County, Pennsylvania, 17241· 2. Defendant, Michael Clay, is an adult individual who resides at 240 East Queen Street, Chambersburg, Franklin County, Pennsylvania, 17201. THE FACTS 3. The incident ~/ving rise to this accident occurred on January 5, 2000, at approximately 11:39 a.m., on South Fayette Street southbound, at the intersection of South Fayette Street and Old Scotland Road (State Route 696), in Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Susan V~ickard, was travelling south on South Fayette Street, which is the through street, approaching the South Fayette Street and Old Scotland Road (State Route 696) T-intersection. 5. At the aforementioned time and place, the Plaintiff, Susan Wickard was operating a 1997 Ford truck owned by David Wickard Siding Contractors. The Plaintiff, Susan Wickard, was operating the vehicle in the course of her employment with Carlisle Hospital Visiting Nursing Association. 6'. At the aforementipned time and place, the Defendant, Michael Clay, the owner and operator of a 1997 Safurn, was travelling east on Old Scotland Road (State Route 696) in the 1997 Saturn, approaching the stop sign at South Fayette Street at the T-intersection of South Fayette Street and Old Scotland Road (State Route 696). · 7. At the aforementioned time and place, the Defendant, Michael Clay, failed to yield at the stoP sign at South Fayette Street and collided with the right rear of the Plaintiffs truck, ·spinning the Plaintiffs vehicle around and causing the injuries to the Plaintiff set forth below. 8. At the aforementioned time and place, it was daytime, the road Surface was dry, and there were no adverse weather conditions. com 'r SUSAN 'V~'lCT~I~D V. MICHAEL E. CLAy NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiffs Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused solely by the negligence, carelessness and recklessness of the Defendant, Michael Clay, and was in no way the fault of the Plaintiff. 11. The negligence, carelessness and recklessness of the Defendant consisted of: a. failing to yield the right-of-way to traffic already in the .highway after stopping at the stop sign in accordance with 75 Pa. C.8. § 3323 (b), which is ~ per se; b. failing t6 operate his vehicle in accordance with existing traffic conditions and traffic controls; c. failing to observe the Plaintiff's vehicle on the highway; d. failing to exercise the high degree of care required of a motorist entering an intersection; e. failing to keep a reasonable lookout for other vehicles lawfully on the road; f. attempting to enter an intersection when such movement could not be safely accomplished; g. failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; and h. failing to apply the brakes in time to avoid the collision. 12. As the direct and proximate result of the accident, the Plaintiff, Susan Wickard, suffered serious, and what may be pe,manent, injuries which include the following: post-traumatic myofacial para syndrome/whiplash; neck and thoracic spine sprain/strain; headaches from persistent spasms and discomfort; d. chronic neck and shoulder ache; and e. acute lower pack pain. 13. As a direct and pro>fimate result of the accident, the Plaintiff, Susan Wickard, has incurred medical expenses to-date and may continue to incur medical expenses into the future, and, thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle iccident, the Plaintiff, Susan Wickard., has been advised and, therefore, avers that the aforementioned injuries may be permanent in natu~re and effect. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, has undergone in the past and, will continue to undergo in the future, great pain and suffering. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff, Susan Wickard, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard, suffered a permanent diminution of her ability to enjoy life and life's pleasures. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Susan Wickard will suffer an impairment of her earning power and capacity. WHEREFORE, the Plaintiff, Susan Wickard, demands judgment on the Defendant, Michael Clay, in an amount in excess of the amount requiring compulsory arbitration. COUNT II RODNEY WICT(ARD V. MICHAEL CLAY LOSS OF CONSORTIUM 19:. Prior Paragraphs I through 18 are incorporated herein by reference. 20. As a sole and proximate result of the Defendant s negligence, the Plaintiff, Rodney Wickard, has suffered loss of society, companionship, and services Of his wife. WHEREFORE, the Plaintiff, Rodney Wickard, demands judament of the Defendant, Michael Clay, in an mount in excess of the amount required for compulsory arbitration, together with interest and costs. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. /Gerard Kramer Attorney at Law Attorney I.D. #44715 209 State Street Harnsburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, SUSAN WICKARD, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, infoiir, ation and bglief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel malting this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsifications to authorities. SUSAN WICKARD SUSAN WICFOkRD and RODNEY WICKARD, Plaintiff We MICHAEL E. CLAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6985 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Susan Wickard and Rodney Wickard; and Gerard C. Kramer, Esquire, Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER Dated: Richard H. Wix, Esq., I.D. Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 #07274 SUSAN WICKARD and RODNEY WICKARD, Plaintiff MICHAEL E. CLAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6985 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'G ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendant, Michael E. attorneys, Wix, Wenger & Weidner and sets forth Answer with New Matter to Plaintiff's Complaint. 2. 3. 4. 5. truck. 6. Clay, by his the following Admitted. It is admitted that Defendant is an adult individual. Admitted. Admitted. It is admitted that Plaintiff was operating a 1997 Ford The remaining averments are denied. It is admitted that Defendant was the owner and operator of a 1997 Saturn, which stopped at the stop sign at South Fayette Street and Old Scotland Road. 7. Denied as stated. It is admitted that a collision did occur between the two vehicles. 8. Admitted. 9. Defendant incorporates herein by reference his answers to paragraphs 1 through 8 of Plaintiffs' Complaint. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Defendant incorporates herein byreference his answers to paragraphs 1 through 18 of Plaintiffs' Complaint. 20. Denied. NEW MATTER 21. Plaintiffs' claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. Plaintiffs' claims are barred in whole or in part by Plaintiff's own contributory negligence. WHEREFORE, Defendant demands judgment against the Plaintiffs, together with costs of this action. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 6/12/2002 2 VERIFICATION I, Michael Clay, have read the foregoing Defendant's Answer to with New Matter to Plaintiffs' Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: Mic~rae~ y CERTIFICATE OF SERVICE AND NOW, this 12th day of June, 2002, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiffs' Complaint date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Gerard C. Kramer, Esquire schmidt, Ronca & Kramer P.C. 209 State Street Harrisburg, PA 17101 WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 ~07274 SUSAN WICKARD and RODNEY WICKARD, her husband, Plaintiffs MICHAEL E. CLAY, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. 01-6985 Civil Term JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs by and through their attorneys, Schmidt, Ronca & Kramer, P.C. and respectfully responds to the New Matter of the Defendant as follows. 21. Paragraph 21 states a conclusion of law to which no responsive pleading is necessary. 22. Paragraph 22 states an affirmative defense that it is no longer necessary to plead and no response is required. Date:~~:~ Respectfully submitted, SCHMIDT, RONCA/h KRAMER P.C. //Gerard C. Kramer, Esquire I.D. # 44715 209 State Street Harrisburg, PA 17101 {717) 232-6300 Attorney for Plaintiffs VERIFICATION I, Gerard C. Kramer, verify that I am attorney of record for the Plaintiffs, and that the foregoing document contains no facts within the knowledge of the Plaintiffs nor any facts which have not been previously verified by the Plaintiffs, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs' behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: Respectfully submitted, $CHMIDT~ RONCA/h KRA~ER P.C. J Gerard C. Kramer, Esquire J I.D. # 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 20th day of June, 2002, I, Shawn T. Peterson, hereby certify that I this day served a true and correct copy of the foregoing Plaintiffs' Reply To Defendant's New Matter by depositing the same in the U.S. mail, first class mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Respectfully submitted, SCHMIDT, RONCA/k KRAMER, P.C. Shawn >I'. Peter~on, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term DJ' civil court. ( ) i'or trial without a ju~,. CAPTION OF CASE (entire caption must be stated in full) (checl~ one) SUSAN WICKARD AND RODNEY WICKARD; HER HUSBAND, ( ) Assumpsit ( ) Trespass (XX) Trespass (Motor Vehicle) vs. MICHAEL E. CLAY, VS. ' ( ) (Plaintiff) (other) (Defendant) The trial ~ist will be called on 8/10/04 and Trials commence on 9/13/04 Pretrials will Pe held on 8/18/04 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide i'orthwith a copy of the praecipe to all counsel, pursuant to locat Rule 214.1.) No.-Q~r_~ Civil Term ~_2__001 Indicatetheattorneywhowillt~caseforthepartywhofilesthispraecipe: Gera~C.Kramer, Esquire, Schmidt, Ronca & Kramer, 209 State Street, Harrisburg, Pennsylvania 17101. (717) 232-6300 Indicatetrialcounselforotherpartiesifknown:Richard ~[. Wix, Esquire, 4705 Duke Street, Harrisburg, PA 17109-0399. (717) 652-8455 This case is ready for trial. Date: ?/~//0y Attorney for: PLAiNTiFFS Pr~me: GERARD C. KRAMER, ESQUIRE CERTIFICATE OF SERVICF, AND NOW, this ~/0~-d .~--~ ay of ,2004, I, Gerard C. Kramer, Esquire, hereby certify that I this day served the Praecipe for Listing Case for Trial by depositing the same in the U.S. mail, first class mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Respectl~ully submitted, SCHMIDT, RONCA & KRAMER, P.C. B~/ ~.~ /9~rard C. Kramer Attorney at Law 2Atot¢orney,I.D. No. 44715 209 Stat~. Street Harrisburg, PA 17101 (717} 2321-6300 Attorney for Plaintiffs SUSAN WICKARD and : RODNEY WICKARD, her husband, : Plaintiffs: VS : MICHAEL E. CLAY, : Defendant : : CUMBERLAND COUNTY, 12 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CP-21-CV-6985-2001 CIVIL ACTION - LAW ORDER OF COURT August 18th, Judge. Esquire, Esquire. A pretrial conference was held Wednesday, 2004, before the Honorable Edward E. Guido, Present for the Plaintiffs was Gerard C. Kramer, and present for the Defendant was Richard H. Wix, This is an uncomplicated automobile negligence case which the parties anticipate will take one and one half days to try. There are no scheduling difficulties. The parties have agreed that the Plaintiff,s out-of-pocket expenses, i.e. medical expenses and/or wage loss, total the amount of a workers' coInpensation lien which is $5,671.56. of the Judge's expenses. This figure will be given to the jury as part charge representing lost wages and/or medical ongoing. reached. It appears that settlement negotiations are The parties are hopeful that a settlement may be By the Edward E. Guido, J. Gerard C. Kramer, Esquire For the Plaintiffs Richard H. Wix, Esquire For the Defendant Court Administrator Prothonotary :mlc SCHMIDT~ ROI~CA ~ KRAMER~ P.C. BY: GERARD C. KRAMER, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (&srklaw.com Attorneys for Plaintiff(s) SUSAN WICKARD AND RODNEY : IN THE COURT OF COMMON PLEAS WICKARD, HER HUSBAND~ : CUMBERLAND COUNTY~ : PENNSYLVANIA [Plaintiff : v. : No. 01-69815 CIVIL TERM : MICHAEL E. CLAY, : CIVIL ACTION - LAW : I Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Date: Respectfully submitted, SCHMIDT~ RONCA & KRAMER, P.C. By~ ~ · Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs CERTIFICATE OF SERVICe. AND NOW, this /~day of fJd,/0/~_//~../, 2004, I, Gerard C. Kramer, Esquire, hereby certify that I this day served the Pr.aecipe to Discontinue by depositing the same in the U.S. mail, first class mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-30'99 James J. Ramsey, Claim Representative State Farm Insurance Companies 115 Limekiln Road P.O. Box 257 New Cumberland, PA 17070-0257 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. /~rard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg~ PA 17101 {717! 232-6300 Attorney for Plaintiffs