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HomeMy WebLinkAbout04-5092 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OL(- S01J oJII Civil Action - [8j Law o Equity Shelley M Noreika Arthur W. Rife and and David A. Noreika Bernetta Rife 25 Sheaffer Drive CarJislePA 17013 62 Fairfield Street Newville PA 17241 vs Plaintiff( s) & Address( es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to 0 Attorney [8j Sheriff ~~"'" ~ ( \./;'/ ~'gnalure of Attorney ..-------- .. Smigel, Anderson & Sacks, L.L.P. By: Peter M Good, Esquire Susan M Zeamer, Esquire 4431 North Front Street Harrisburg. PA 17110 (717) 234-2401 Supreme Court ID No. 82023 Date: October 8, 2004 Name/Address/Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAlNTIFF(S) HASIHA VE COMMENCED AN ACTION AGAINST YOU. Date: & MJ.U & 900Y tt(}u~4? /_A. 7L1/f~/M: Depd(''i by o Check here if reverse is issued for additional information. Prothon. - 55 \3 \j.- F'-> 0 ~ ~ - ~ - '$ ~ -- ~ ---c:, '0', >;.... ~ "::r, Sl:) ~ I..\J - S .", , ~ I I' 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. RY TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants NTRY OF PPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Arthur W. Rife and Bernetta Rife. Respectfully submitted, LA W OF. . / ESw, ;;BS & ASSOCIATES It / /\ !. / ~ By /. _ D aId R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: December 2, 2004 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, P A 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. RY TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants ERTIFICATE OF ERVICl~ Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Date: December 2, 2004 Susan M. Zeamer, Esquire Smigel, Anderson & Sachs, L.L.P. 4431 North Front Street Harrisburg, PA 17110 1 vIA / Dona d R. Dorer, Esquire Attorney for Defendants 1""1t'- :,.> i..:--. o c \. ..e::__ -"j t'-.' = c;;? .1;.- C1 rT'~ C-) I (,.,) C) -n ~~;:':J ::q :1', -~1 c) 1 ;, c',) f",;. II 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, P A 17011 TELEPHONE NUMBER: (717) 731-0988 A TTOR~EY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M, Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. RY TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants RAECIPE FOR E OMPLAINT TO THE PROTHONOTARY: o aId R. Dorer, Esquire Attorney for Defendants Please enter a RULE upon plaintiffs to file a the entry of a Judgment of Non Pros. Date: December 2. 2004 RULE TO FILE COMPLAINT AND NOW, this~ay of ~r ,2004 a RULE is hereby entered upon the Plaintiffs to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. C~d' PROTHONOTARY . . 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, P A 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. Y TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants ERTIFICATE OF ERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Susan M. Zeamer, Esquire Smigel, Anderson & Sachs, L.L.P. 4431 North Front Street Harrisburg, PA 17110 I Date: December 2, 2004 Donald R. Dorer, Esquire Attorney for Defendants (') 1""0,) 0 t":'::.l c::":) -rl ..;:- t::J ----! :::c T rq I nf) ,- (-) --,.:-n I -jt:J C' W ~:~:~ c;; -... I _.~-) :":J r :> -'~'." :~~~~ r~.f ) )., ~;~ c,..) ~-;::! ~:::j ..::J --'..... N SMIGEL. ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3" Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Susan M. Zeamer, Esquire szeamenIDsasllo.com Attorneys for Plaintiffs SHELLEY M. NOREIKA and DAVID A. NOREIKA husband and wife, Plaintiffs, IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-50B2 v. ARTHUR W. RIFE and BERNETTA RIFE, husband and wife, Defendants. CIVIL ACTIION - LAW JURY TRIAL DEMANDED NOTICE YOU HA VB 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 appe'iIrance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street POBox 186 Harrisburg, P A 17108 (800) 692-7375 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vi'ente (20) dias de plazo al partir de la facha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en Persona o por abogado y archivar en la corte en forma escrita sus detensas 0 sus objectiones alas demandas encontra 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 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Ustled puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Refenal Service Pennsylvania Bar Association 100 South Street POBox 186 Harrisburg, P A 17108 (800) 692-7375 SMIGEL. ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3" Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Susan M. Zeamer, Esquire szeamer@sasllo.com Attorneys for Plaintiffs SHELLEY M. NOREIKA and DAVID A. NOREIKA, husband and wife, Plaintiffs, IN THE COURT OF COMMONS PLEAS CUMBERu~ND COUNTY, PENNSYLVANIA NO. 04-5092 v. ARTHUR W. RIFE and BERNETTA RIFE, husband and wife, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COME, Shelley M. Noreika ("Mrs. Noreika") and David A. Noreika ("Mr. Noreika") (collectively "the Noreikas") by and through their counsel Smigel, Anderson & Sacks L.L.P., who file the within Complaint by averring as follows: 1. Plaintiffs, the Noreikas, are adult individuals and Pennsylvania residents with a residential address of 25 Sheaffer Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendants are Arthur W. Rife and Bl~rnetta Rife (collectively "the Defendants"), husband and wife, who are adult individuals and Pennsylvania residents residing at 91 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. 3. This Court has jurisdiction over the PartiEls and subject matter of this case. 4. Venue is appropriate in Cumberland County Pennsylvania pursuant to Pa. R. Civ. P. 1006 as it is the county in which the cause of action arose and/or where the transactions or occurrences took place out of which this cause of action arose. 5. On or about October 15, 2002 at approximately 11 :00 am, Plaintiff Mrs. Noreika was driving a 1999 Jeep Grand Cherokee proeeeding South in the South bound lane of Route 74, from Carlisle towards Dillsburg, in Cumberland County, Pennsylvania. 6. The traffic proceeding on Route 74, as it intersects with Leidigh Drive/Old Stonehouse Road ("the Intersection") is not encumber,ed by a stop sign or other traffic signal. 7. At the aforementioned date and time, Mrs. Noreika entered the intersection. 8. At the aforementioned time and place, the Defendants were proceeding in their Chevrolet Caprice North on Leidigh Drive/Old Stonehouse Road when they came to the Intersection. Traffic entering the Intersection from the Defendants' direction is encumbered by a stop sign, requiring said traffic to yield to drivers proceeding through the Intersection on Route 74. 9. The Defendants failed to stop at the stop sign encumbering traffic from Leidigh Drive/Old Stonehouse Road as it traveled through the intersection with Route 74, drove into the intersection, and collided with Mrs. Noreika, striking the vehicle Mrs. Noreika was operating at the front passenger side of the vehicle. 10. It is believed and therefore averred that the foregoing accident and all of the injuries and damages incurred as stated supra are the direct and approximate result 2 " " I, II " " " " Ii I' I' 1\ I , I I II II II I , I II " " I' I I , of the negligent, careless, wanton and reckless manner in which Defendant Arthur W. Rife operated the Chevrolet Caprice owned by the Defendants in that he: (a) failed to have the vehicle under proper control; (b) was inattentive and failed to maintain a sharp lookout for the road and the surrounding traffic conditions; (c) failed to maintain a reasonable lookout for the presence of other motor vehicles on the road, to wit: D':lfendant Arthur W. Rife's vehicle struck the side of and collided with the vehicle operated by Mrs. Noreika's; (d) continued to operate his vehicle in a direction towards Mrs. Noreika's vehicle when he saw, or in the exercise of reasonable diligence should have seen, that further operation in that direction would result in a collision; (e) failed to apply his brakes in such a manner so that his vehicle could be stopped in time to avoid the collision; (f) failed to avoid hitting Mrs. Noreika's vehicle when he saw, or in the exercise of reasonable diligence should have seen, that Mrs. Noreika's vehicle was on the road and in full view; (g) failed to drive around Mrs. Noreika's vehicle instead of colliding with it; (h) failed to operate his vehicle at a reasonably safe speed so as to be able to stop within the assured cleared distance ahead; 3 II II II II II II II II II II I II I I I I I (i) failed to operate his vehicle in a reasonably safe manner so as to be able to avoid damaging Mrs. Noreika and the vehicle she was operating; 0) failed to adhere to the posted traffic signals, to wit: Defendant Arthur W. Rife failed to stop at the posted stop sign encumbering traffic proceeding from Leidigh Drive/Old Stonehouse Road across Route 74; and (k) operated his vehicle without being properly licensed to do so. 11. In the alternative, if Defendant Arthur W. Rife was not the individual operating the Defendants' vehicle at the aforementioned date and time, it is believed and therefore averred that Defendant Bernetta Rife was operating the vehicle in the negligent, careless, wanton, and reckless manner more fully described supra, and the averments set forth in paragraph 10 of this Complaint are hereby incorporated as if fully set forth herein. 12. The Defendants, who were traveling together in a vehicle they jointly owned, were serving a common purpose and traveling on a common mission. 13. Directly and solely as the result of the negligence and recklessness of the Defendants, Mrs. Noreika sustained painful and severe injuries which include but are not limited to: (a) cervical and thoracic strain, including but not limited to primary, acute, and severe pain in thoracic spine and radiculitis thoracic; (b) injuries to her shoulders including but not limited to rotator strain/tear, laxity of ligament, moderalte to severe bilateral shoulder 4 " II II I, II II II II II II 1\ II \1 II II I' II II II I, II II I I I sprain/strain, and left shoulder (anterior deltoid) contusion, some if not all of which may require future arthroscopic surgery; (c) trapezea muscle strain; (d) musculoskeletal neck pain; (e) primary, acute, and severe cervical and thoracic disc displacement; (f) primary, acute, and severe hyper extension/flexion cervical injury; (g) primary, acute, and severe lumbar €Ind lumbosacral sprain/strain; and (h) swelling, soreness, stiffness, and other severe and serious injuries 14. As a further result of the Defendants' negligence and recklessness, Mrs. Noreika also sustained the following losses and damages, all of which may be permanent in nature and a claim is made therefore: I I I Ii II II Ii I' Ii II II \ I II II II II II II II II I' I (a) pain and suffering, past present and future; (b) unreimbursed medical expenses, past, present and future; (c) loss of wages, pass, present and future; (d) loss of earning capacity; (e) loss of life's pleasures, past, present and future; (f) scarring and disfigurement. 15. At the time of said accident, Mrs. Noreika was insured under a motor vehicle policy providing her with the "full tort" option. 16. As a result of the injuries described supra, Mr. Noreika has sustained a loss of consortium and has been deprived of the services and companionship of his wife, Mrs. Noreika. 5 WHEREFORE, the Plaintiffs, Shelley M. Noreika and David A. Noreika, demand judgment against the Defendants, Arthur W. Rife and Bernetta Rife, in amount in excess of this County's mandatory arbitration limits plus the cost of this action and any other relief that this Honorable Court may deem just and prop\sr. I';;;/or 1 SMIGEL, ANDERSON & SACKS, L.L.P. . V'vl f\'\, )/ ---- Pe er M. Good, ~Ire I. . Number: 64316 Susan M, Zeamer, Esquire 1.0. Number: 82023 River Chase Office Center 4431 North Front Street Harrisburg, P,A, 17110-1778 (717) 234-2401 Attorneys for Plaintiffs 6 " II h h II II I: II III II \1 Complaint are true and correct to the best of my knowledge, information and belief. II II II II 1\ i' II II I II II II II I VERIFICATION I, Shelley M. Noreika, verify that the statements contained in the foregoing understand that false statements therein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: \.~W9~~\lh\\0~ln ' Shelley M, N eika Plaintiff 01 ~ dO -(YS \ II II II II 1\ \1 II II 1\ I I I II II I I I II II 1\ 1\ 1\ II II II II I II CERTIFICATE OF SERVICE I, Susan M. Zeamer, hereby certify that a true and correct copy of the foregoing Complaint was served upon the Defendants by mailingl the same via first-class mail, postage prepaid, addressed as follows: Donald R. Dorer, Esquire Law Offices of Jacobs & Associates 214 Senate Avenue, Suite, 503 Camp Hill, PA 17011 (717) 731-0988 Attorney for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. --..-"'" ~ L--' eter M. Good. I.D. Number: 6 Susan M. Zeamer, Esquire I.D. Numbe'r: 82023 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-<~401 Attorneys fIX Plaintiffs Dated: 1/.2..1/ 6s-- :-.::> " , hr' ,;.1' ~ c_ :::;1 '. I :;'P' , ;;;r:: , I , (i ! I'~ ..'. -0 ::1: , I c; c...., c.:) W 0";'" ~ ----- 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, P A 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. RY TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants ANSWER WITH NEW MATTER OF DEFENDANTS, ARTHUR W. RIFE AND BERNETTA RIFE, TO PLAINTIFFS' COMPLAINT 1. Admitted as stated. However, by way of further statement, should any factual allegation therein be deemed to represent the rnarital status of the Plaintiffs, any such allegations are generally denied pursuant to Pa. R.C.P. 1029(e). 2. Admitted. 3. Paragraphs 3 is a legal conclusion and/or statement of jurisdiction as to which no response is required by answering Defendants. 4. Paragraphs 3 is a legal conclusion and/or statement of jurisdiction as to which no response is required by answering Defendants. 5-8. Admitted. However, by way of further statement, it is admitted only that Defendant, Bernetta Rife, was operating a Chevrolet Caprice; any allegation deemed to attribute the operation of such vehicle to Defendant, Arthur W. Rife, is specifically denied. 9-16. Denied. Paragraphs 9 through 16 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. 91029(e). NEW MATTER 17. Paragraphs 1 through 16 are incorporated herein by reference, and made a part hereo as if set forth in full. 18. Plaintiffs' claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendants respectfully prays this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. Date: February 22, 2005 o R. Dorer, Esquire Attorney for Defendants Court LD. 39126 B 2 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMPHILL,PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley I'vL Noreika and David A. Noreika,ase No.: 04-5092 Civil Term Plaintiffs vs. RY TRIAL DEMANDED Arthur W. Rife and Bemetla Rife, Defendants V RIFICATI DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant in this action, and is authorized to verify that the statements made in the foregoing plcading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 Date: February 22,2005 , , I , td R. Dorer, Esqu' Attorney for Defendants Court I.D. 39216 relating to unsworn falsification to authorities. 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HIl,L. P A 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. R Y TRIAL DEMANDED Arthur W. Rife and Bernetta Rife, Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants, Arthur W. Rife and Bernetta Rife, to Plaintiffs' Complaint to be served by regular first class mail upon: Date: Februarv 22,2005 Susan M. Zeamer, Esquire Smigel, Anderson & Sachs, L.L.P. 4431 North Fro Str Harrisburg, P 7 I I \ D aid R. Dorer, Esquire Attorney for Defendants 'E} -::? '-? ~ J' """ ~ ::,. 5:" ~ I.,;? -- {;-. ------------- - li. I I SMIGEL, ANDERSON & SACKS, L.l.P. River Chase Office Center 4431 North Front Street, ai'll Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Susan M. Zeamer, Esquire szeamer\a)sasl\o.com Attorneys for Plaintiffs SHELLEY M. NOREIKA and DAVID A. NOREIKA, husband and wife, Plaintiffs, IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5092 v. ARTHUR W. RIFE and BERNETTA RIFE, husband and wife, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 17. Plaintiffs hereby incorporate Paragraphs 1 through 16 of their Complaint as if fully set forth herein. 18. Denied. Paragraph 18 of Defendants' New Matter contains conclusions of law to which no responsive pleadings are required. To the extent that a response may be required, it is Denied that Plaintiffs' claims are barred in whole or in part by the Pennsylvania No Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. Strict proof at the time of trial, if admissible, is demanded. J I WHEREFORE, the Plaintiffs request that this Honorable Court grant them the relief as more fully set forth in their Complaint. SMIGEL, ANDERSON & SACKS, L.L.P. ~v, _ Pet r M. Good, Esqu' 1.0. Number: 64316 ( Susan M. Zeamer, Esquire 1.0. Number: 82023 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs 2 ~ CERTIFICATE OF SERVICE I, Susan M. Zeamer, hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' New Matter was served upon the Defendants by mailing the same via first-class mail, postage prepaid, addressed as follows: Donald R. Dorer, Esquire Law Offices of Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (717) 731-0988 Attorney for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. \l-.o61 ~ t""- , ete M. Good, Esqui I.D. Number: 64316 Susan M. Zeamer, Esquire I.D. Number: 82023 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs Dated: J-( lLl( (j ') ~ ;:::' :A) t$5' :3 N +- v; ~ t:'\) en U) . 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. URY TRIAL DEMANDED Arthur W. Rife and Bernetta Rife, Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Answer with New Matter of Defendants, Arthur W. Rife and Bernetta Rife, to Plaintiffs' Complaint, for the attorney's Verification that had been filed with the Court on or about February 24,2005. Respectfully submitted, Date: March 4, 2005 LAW OFFICES O~ lAC \/(r :/ ,J , , I BS JSSOCIA TES I ; , By: Don R. Do 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 39126 Attorney for Defendants 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENlJE, StinE 503 CAMP HiLL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs vs. RY TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants VE We, Arthur W. Rife and Bernetta Rife, verify that the statements made in the foregoing Answer with New Matter of Defendants, Arthur W. Rife and Bernetta Rife, to Plaintiffs' Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of our attorneys, who advise us that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. We understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and we leave the determination of these matters to our attorneys on their advice. We understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsifications to authorities. Dated: C---e j ;:L <5 U) r:Y' ;;g~;;/ AJh~~ ~ife 7= ~ ~fz: f Bernetta Rife ~ J /- ~"n/ (j~ Dated: :--~ f7 v 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE,SUlTE503 CAMP HILL, P A 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, ase No.: 04-5092 Civil Term Plaintiffs VS. URY TRIAL DEMANDED Arthur W. Rife and Bemetta Rife, Defendants CERTIFICATE OF SERVICE o Donald R. Dorer, Esquire, hereby certi fies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: Susan M. Zeamer, Esquire Smigel, Anderson & Sachs, L.L.P. 4431 North Front Street Harrisburg, PA 111)4 .~ 'I Date: March 4. 2005 ,'.1 } ~j na oR. Dorer, quire Attorney for Defendants . . f'.") r...) .:::J C. ::~ 1 ,j , " SHERIFF'S RETURN - REGULAR CASE NO: 2004-05092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOREKA SHELLEY M ET AL VS RIFE ARTHUR W ET AL CPL. MICHAEL BARRICK I Sheriff or Deputy Sheriff of Cumberland County I Pennsylvania I who being duly sworn according to law1 saysl the within WRIT OF SUMMONS was served upon RIFE ARTHUR W the DEFENDANT I at 1605:00 HOURS I on the 26th day of October I 2004 at 91 DOUBLING GAP ROAD NEWVILLE I PA 17241 by handing to ARTHUR RIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 .~a/. ~ 'f "?::."::,,.:""';J'::.~--d< -111 _R~~ ,( R. Thomas Kline 10/27/2004 SMIGEL ANDERSON Sworn and Subscribed to before By: me this <{ ~ day of '/j (. ~ dtJl)~ A.D. ~.!.k a ~J OAC P othonotary ,~/ ... SHERIFF'S RETURN - REGULAR CASE NO: 2004-05092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOREKA SHELLEY M ET AL VS RIFE ARTHUR W ET AL CPL. MICHAEL BARRICK / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania/ who being duly sworn according to law/ says/ the within WRIT OF SUMMONS was served upon RIFE BERNETTA the DEFENDANT / at 1605:00 HOURS/ on the 26th day of October / 2004 at 91 DOUBLING GAP ROAD NEWVILLE/ PA 17241 by handing to BERNETTE RIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~>" 7 R. Thomas Kline 10/27/2004 SMIGEL ANDERSON Sworn and Subscribed to before By: tP me this 'I ~ day of h / ~ .. c7t7V~) A. D. ~~Q~ ~othonotary I ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: I!l for JURY trial at the next term of civil court. o for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ~ Civil Action - Law o Appeal from arbitration o (other) Shelley M. Noreika and David A. Noreika, (Plaintiffs) vs. The trial list will be called on December 27. 2005 and Arthnr W. Rife and Bernetta Rife, Trials commence on January 23. 2006 (Defendants) Pretrials will be held on January 4. 2006 (Briefs are due 5 days before pretrials vs. No. 04-5092 ,2004 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire. Attornev for Defendants: 214 Senate Avenue. Suite 503. Camp Hill. PA 17011: teleohone number (717) 731-0988: Court ID 39126 Indicate trial counsel for other parties if known: Susan M. Zeamer Es uire Attorne for Plaintiffs 4431 No 17110' tele hone number 717 234-2401' Court ID 8202 PA This case is ready for trial. Signed: Print Name: Donald R. Dorer. Esquire Date: September 30. 2005 Attorney for: Defendants. Arthur and Bernetta Rife Court LD. 39126 04HB-00137 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUTE 503 CAMPHILL,PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Shelley M. Noreika and David A. Noreika, Case No.: 04-5092 Civil Term Plaintiffs vs. Arthur W. Rife and Bernetta Rife, mRY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Listing Case for Trial to be served by regular first class mail upon: Susan M. Zeamer, Esquire Smigel, Anderson & Sachs, LLP River Chase Office Center 3'd Floor 4431 North Front Street Harrisburg, P A 1711 Date: September 30. 2005 Donald R. Dorer, Es uire Attorney for Defendants () C' ..., C::? = "'"' o ~ ~w,"., I 4'" o .." ....... :I:-n rne:, -t1',.:.' :;~~) {-~ :+.~ '~:::~~~ ~~'1 ~~D '< '-!? .F' SHELLEY M. NOREIKA and DAVID A. NOREIKA, Plaintiffs IN THE COURT OF COMJI10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ARTHUR W. RIFE and BERNETTA RIFE, Defendants 04-5092 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 27th day of December, 2005, upon consideration of the call of the civil trial list, and Donald R. Dorer, Esquire, counsel for Defendants, having indicated that this case should be stricken from the trial list, and will be relisted by him pursuant to an agreement of counsel, this case is stricken from the trial list. By the Court, J. ~san M. Zeamer, Esquire Smigel, Anderson & Sacks, River Chase Office Center 4431 N. Front Street Harrisburg, PA 17110 For Plaintiffs LLP ~onald R. Dorer, Esquire 214 Senate Ave. Suite 503 Camp Hill, PA 17011 For Defendants -\ Court Administrator :mae >. 0:: j::S u~~.._; 8~~':-: .)., '1 F_" ;:'\ ~~- :::J ,- o:!::p! F' l_L C; c:' c-~l en N U L__J C) \.~~ "'" c::::o (.'..... -~, ,:; -.' (,) . , 04HB-00137 SMIGEL, ANDERSON & SACKS, LLP SUSA~ M. ZEAMER, ESQUIRE RIVER CHASE OFFICE CE~TER 4431 NORTH FRONT STREET, 3Rl> FLOOR HARRISBURG, P A 17110-1778 TELEPHONE NUMBER: (717) 234-2401 ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Shelley M. Noreika and David A. Noreika, Case No.: 04-5092 Civil Term Plaintiffs vs. Arthur W. Rife and Bernetta Rife, WRY TRIAL DEMANDED Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. SMIGEL, ANDERSON & SACKS, LLP Date:~ ~\.{; i usan . Zeamer, ESqUl River Chase Office Ce r 4431 North Front Street, 3"' Floor Harrisburg, P A 17110 Attorney for Plaintiffs Court I.D. , , 04HB-00137 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENlIE, SlJITE 503 CAMP HILL, P A 17011 TELEPHONE NlIMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Shelley M. Noreika and David A. Noreika, Case No.: 04-5092 Civil Term Plaintiffs vs. Arthur W. Rife and Bernetta Rife, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mail upon: Susan M. Zeamer, Esquire Smigel, Anderson & Sachs, LLP River Chase Office Center 3 ,d Floor 4431 North Front Street Harrisburg, PA 171 R. Dorer, Esquire Attorney for Defendants Date: Januarv 17,2006 (~) ;'n (.... :~ C) ,1:':-' , ~ 1"71 , en c::'