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HomeMy WebLinkAbout04-5452MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ATTORNEY FOR PLAINTIFFS ROBERT RICHARD and SANDRA RICHARD, CUMBERLAND COUNTY both individually and as husband and wife COURT OF COMMON PLEAS 5021 Q Street Omaha, NE 68117 vs. GRAYSON MITCHELL, INC. 12827 Goshen Road Salem, OH 44460 and STOKELY OWEN SEAMSTER, JR. 8051 Bank Street Baltimore, MD 21224 TO THE PROTHONOTARY: NO. 04 VIS'k (2tvtc JURY TRIAL DEMANDED Please issue a Writ of Summons in the above-captioned action. (XX) Writ of Summons shall be issued and forwarded to (X) Attorney ( ) Sheriff M?ERS, MENNIES & SHERR, LLP BY: f)?) " JO H B. MAYERS, ESQUIRE Attorney for Plaintiffs WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): STOKELY OWEN SEAMSTER, JR. AND GRAYSON MITCHELL, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. jQAQ a OTHONOTARY 1Y C r\ T Mr- .,yam` C?o Fn c rya _?: Ff-r- MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. ATTORNEY FOR PLAINTIFFS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 04-5452 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF MONTGOMERY ) I, JOSEPH B. MAYERS, ESQUIRE, Attorney for Plaintiffs, hereby certify that a true and correct copy of the Praecipe and Writ of Summons has been served on Defendant, Grayson Mitchell, Inc., 12827 Goshen Road, Salem, Ohio 44460, by Certified Mail, Return Receipt Requested, on November 3, 2004. The Certified Mail Return Receipt Cards are attached hereto as Exhibit A. BY: SWORN TO AND SUBSCRIBED BEFORE ME, THIS a ar?-DAY OF NOVEMBER, 2004. NOMM SEAL v AN= A iR&W Notary h Me MA)(kRS, MENNIES & SHERR, LLP B. MAYERS, ESQUIRE for Plaintiffs My Conwnwbn Expku Nov 12.2007 1 EXHIBIT A m .-n • Postage g M1 Cemed Fee ° 0 aL ? NG'V R elum Redept F. (EndorsemeM Required) O Res Uided Delivery F l f \ Ira ?p 'r . -D (Endorsement Requite) T ru n-i Total Postage & Fe 17° r es en o ° t Grp C3 PJ 3??> - P f , -- OBoxNo. l 4 •\ h r • l = ¦ or qti: to ONION 9w" "no r, •ws q , K! dft AIq Q R7?EkQ: "7003 2260 0007 0474 6143 IpS Form 38 ; , ; ?neeft _ ]b1o *,.v 64wao C") ? a c- n G 1? ? - MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. ATTORNEY FOR PLAINTIFFS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 04-5452 Civil Term MOTION FOR ALLOWANCE OF SERVICE OF PROCESS BY REGULAR MAIL PURSUANT TO PA. R.C.P. 430 Plaintiffs, Robert Richard and Sandra Richard, both individually and as husband and wife, by and through their attorneys, Mayers, Mennies & Sherr, LLP, move this Court for leave to serve process on the Defendant, Stokely Owen Seamster, Jr. by first-class United States mail and, in support thereof, avers as follows: I. Plaintiffs are Robert Richard and Sandra Richard, both individually and as husband and wife, residing at 5021 Q Street, Omaha, Nebraska 68117. 2. Defendant, Stokely Owen Seamster, Jr., is an individual believed to reside at 8051 Bank Street, Baltimore, Maryland 21224. 3. This action was instituted by filing a Writ of Summons against Defendants on October 29, 2004 with the Prothonotary of Cumberland County. 4. This action arises from injuries sustained in an -automobile accident between the Plaintiff Robert Richard and Defendant Stokely Owen Seamster, Jr. on October 31, 2002 in Silver Springs Township, Cumberland County, Pennsylvania. 5. Counsel for Plaintiffs attempted service of the Writ of Summons on Defendant Stokely Owen Seamster, Jr. by certified mail, return receipt requested, at 8051 Bank Street, Baltimore, Maryland 21224. See certified mail receipt slip and letter and envelope marked "RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD" attached hereto as Exhibit A. 6. A Freedom of Information Act (FOIA) request to the local post office revealed that Defendant continues to have mail delivered at the address where service was attempted. A copy of the Post Office's Response to Plaintiffs' FOIA request is attached hereto as Exhibit B. WHEREFORE, Plaintiffs request that this Court allow service of the Writ of Summons on Defendant Stokely Owen Seamster, Jr. by regular first-class United States mail. By: MENNIES & SHERR, LLP JOS B. MAYERS, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned verifies that the facts contained within the attached pleading are true and correct to the best of my information, knowledge and belief. The undersigned understands that false statements herein are made subject to the penalties of 1S Pa. C.S. §4904 relating to unworn falsification to authorities. Date: January 11, 2005 w ? '1t cr ?, w o y a _ o N N G G '= ? G 0 p G 0 it a o ? 0 xoo i? N N N r 46 N c O G• m i?t com to few ; .4 ; r ti /IV4- ??3 R?o ? ? O N a V ' Q ?" "7 Z 'Z m w L-- m O o MAYEKS, Joseph B. M a.yers, Esquire imayers a@m tlsllp.com VM0 MENNiES &,SHE[tR. LLP ATTORNEYS AT LAW -l comber 7, 2004 DEL ? 31004 United Stat,:s Postal Service Baltimore, : YfD 21224 RE: Freedom of Information Act Request - Stokely Owen Seamster. Jr. Dear Sir or 14adam: We : -cTresent Robert Richard and Sandra Richard with regard to an automobile accident claim involving S' okely Owen Seamster, Jr. We are attempting to serve Mr. Seamster with a Summons that has been fil d in the Court of Common Pleas of Cumberland County, Pennsylvania. Plea. w furnish any mail forwarding requests and/or Post Office Box purchases for the time period of tl' e; past six months to the present for the following: Name: Sokely Owen Se'amster. Jr: Address: ? 051 Bank Street, Baltimore, MD 21224 NOTE: Th,- name and last known address are required for change of address information. The name, if known, ar d post office box address are required for boxholder information. The followixi,g information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing b(:ir-holder information. The fee for providing change of address information is waived in accordance ,vith 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): .3. The names of all known parties to the litigation: Robert Richard, Sandra Richard, Grayson Mitchell, Inc. and Stokely Owen Seamster, Jr. .t,1.I' 3031 WALTON ROM i BUILDING: A, SUrra 330 P.O. Box 1547 ( BLIJE BELL, PA 19422-0440 1 610,825.0310 1 FAx 610.82`.6555 WWW.MMST.LRC'0M United Stat:s Postal Service December '', 2004 Page 2 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County. Pennsylvania. 5. The docket or other identifying number if one has been issued: 04-5452 Civil Term. 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant. WARNING THE SUW 9ISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMA ],ION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE :)F LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OI : IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). i certify thi t the above information is true and that the address information is needed and will be used solely for s, :rvice of legal process in connection with actual or prospective litigation. Sl ATUIZE Io B. 14ayers, Esquire PR ED NAME ADDRESS 3031 Walton Road, Building A, Suite 330, P.O. Box 1547 Blue Bell, PA 19422-0440_ CITY, STATE, ZIP CODE FOR POST OFFICE USE ONLY V No , :hange of address order on file. NEW ADDRESS OR BOXHOLDER'S POSTMARK Not known at address given. Mo-ed, left no forwarding address. ?'4, <'(ttr: ?, No aach address. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 30 S. 17'h Street, Suite 1800 Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Grayson Mitchell, Inc. ROBERT RICHARD and SANDRA RICHARD, individually and as husband and wife Plaintiffs V. GRAYSON MITCHELL, INC. and STOCKLEY OWEN SEAMSTER, JR. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 04-5452 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Grayson Mitchell, Inc. in the above-captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARY: Demand is hereby made for a jury of twelve (12) people in the above-captioned matter. FINEMAN KREKSTEIN & HARRIS, P.C. BY AY ARJY ARRIS January 11, 2005 Attorney for Defendant Grayson Mitchell, Inc. ?.? -- > , =,_, ": -? ?,? ?. -, <..: ,:,, ?. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 30S. 171h Street, Suite 1800 Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for :Defendant Grayson Mitchell, Inc. ROBERT RICHARD and SANDRA RICHARD, individually and as husband and wife COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION Plaintiffs V. No. 04-5452 GRAYSON MITCHELL, INC. and STOCKLEY OWEN SEAMSTER, JR. Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. FINEMAN KREKSTEIN & HARRIS, P.C. BY: JAY RRf, ARRIS January 11, 2005 Attorney for Defendant Grayson Mitchell, Inc. RULE TO FILE COMPLAINT AND NOW, this 1-?4-1'*- day of 2005, a Rule is hereby granted upon Plaintiffs to file a Complaint herein within twenty (2) days after service hereof or suffer the entry of a Judgment of Non Pros. . I kLD ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife, Plaintiffs V. GRAYSON MITCHELL, INC., and STOKELY OWEN SEAMSTER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5452 CIVIL TERM ORDER OF COURT AND NOW, this 28`t' day of January, 2005, upon consideration of Plaintiffs' Motion for Allowance of Service of Process by Regular Mail Pursuant To Pa. R.C.P. 430, the motion is denied at this time and Plaintiffs are directed to utilize one of the other methods of service authorized by Pennsylvania Rule of Civil Procedure 404. In the event of a lack of success in this regard, the Court will entertain another motion for service under Rule 430. See Gonzales v. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976); see also Grove v. Guilfoyle, 222 F R.D. 255 (2004). Joseph B. Mayers, Esq. 3031 Walton Road, Building A Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 Attorney for Plaintiffs :rc n t BY THE COURT, 2C, :C 1.1i R211"'r 7JvL MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. ATTORNEY FOR PLAINTIFFS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 04-5452 Civil Term PRAECIPE TO REINSTATE SUMMONS TO THE PROTHONOTARY: Kindly reinstate the Writ of Summons in the above-captioned matter. By: MENNIES & SHERR, LLP JOSVH B. MAYERS, ESQUIRE Attorney for Plaintiffs ??\ y...p ?. ` LJ ^: S ??+ ?.1.i _ ?.? MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 ATTORNEY FOR PLAINTIFFS 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. NO. 04-5452 Civil Term JURY TRIAL OF 12 DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. COMPLAINT ATTORNEY FOR PLAINTIFFS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 04-5452 Civil Term JURY TRIAL OF 12 DEMANDED AND NOW comes the Plaintiffs, Robert Richard and Sandra Richard, by and through their attorneys, Mayer, Mennies & Sherr, LLP, and files the following Complaint and, in support thereof, avers as follows: 1. Plaintiff, Robert Richard, is an adult individual and citizen of the State of Nebraska, residing at 5021 Q Street, Omaha, Nebraska 68117. 2. Plaintiff, Sandra Richard, is an adult individual and citizen of the State of Nebraska, residing at 5021 Q Street, Omaha, Nebraska 68117. 3. Grayson Mitchell, Inc. is an Ohio corporation with offices located at 12827 Goshen Road, Salem, Ohio 44460. 4. Defendant, Stokely Owen Seamster, Jr., is an adult individual and citizen of the State of Maryland, residing at 8051 Bank Street, Baltimore, Maryland 21224. 5. At all times material hereto Defendant Stokely Owen Seamster, Jr. was operating the motor vehicle owned by Grayson Mitchell, Inc. as the agent, servant, workman and/or employee of Defendant Grayson Mitchell, Inc. or, in the alternative, was operating said motor vehicle with the permission of Grayson Mitchell, Inc. COUNTI PLAINTIFF ROBERT RICHARD V. STOKELY OWEN SEAMSTER, JR. AND GRAYSON MITCHELL, INC. 6. Plaintiffs incorporate by reference Paragraphs 1 through 5 inclusive as if same were herein more fully set forth at length. 7. On or about October 31, 2002, at approximately 12:50 p.m., Plaintiff Robert Richard was operating his motor vehicle northbound on SR 008 tin Silver Springs Township, Cumberland County, Pennsylvania. 8. On or about the same time, date and place, Defendant Stokely Owen Seamster, Jr. was operating a motor vehicle owned by Grayson Mitchell, Inc., bearing License Plate No. ZY93924, in the same direction as Plaintiff, Robert Richard. 9. On or about the same time, date and place, Defendant, Stokely Owen Seamster, Jr. operated the aforesaid motor vehicle so carelessly and negligently so as to cause it to collide with the rear of the motor vehicle operated by Plaintiff Robert Richard„ causing Robert Richard to sustain serious, painful and potentially permanent injuries. 10. The negligence and carelessness of Defendant, Stokely Owen Seamster, Jr., consisted of, but are not limited to, the following: a. failing to maintain adequate control of the operation of his vehicle in view of the traffic conditions then existing; b. driving at an excessive rate of speed in view of the traffic conditions; C. driving his motor vehicle into the rear of the motor vehicle that Plaintiff was operating; 2 d. failing to keep a proper lookout ahead; e. failing to observe the point, position and safety of Plaintiff's vehicle; f. failing to stop his vehicle within the assured clear distance ahead; g. operating his vehicle without due regard to the rights, safety and position of Plaintiff and others at the point aforesaid; h. failing to give proper and sufficient warning of the approach of said motor vehicle; L failing to take evasive action when he knew, or in the exercise of reasonable care, should have known, that unless he did so, his vehicle would have stricken Plaintiffs vehicle; and j. operating his vehicle in a manner that violated the statutes of the Commonwealth of Pennsylvania regarding the operation of motor vehicles, including, but not limited to, 75 Pa. C.S.A. §3361. 11. As a direct and proximate result of Defendants' negligence and carelessness, Plaintiff, Robert Richard, suffered severe and disabling physical and emotional injuries to various portions of his body, including, but not limited to, his head, neck, shoulders, chest, back, torso and limbs, some or all of which injuries may be permanent in nature, the full extent of which may not be known at this time. 12. As a direct and proximate result of Defendants' negligence and carelessness, Plaintiff, Robert Richard, has in the past and will in the future experience severe, unrelenting and excruciating pain and suffering. 13. As a direct and proximate result of Defendants' negligence and carelessness, Plaintiff, Robert Richard, has been disabled in the past and will continue to be disabled in the future from 3 performing his usual duties, occupations and avocations, and has or may suffer a loss of earnings and impairment of earning capacity. 14. . As a direct and proximate result of Defendants' negligence and carelessness, Plaintiff, Robert Richard, has incurred medical expenses and will likely continue to incur such expenses, to his great detriment and loss. 15. As a direct and proximate result of Defendants' negligence and carelessness, Plaintiff, Robert Richard, has suffered physical and mental pain, anguish and anxiety and is likely to so suffer for an indefinite time in the future. 16. As a direct and proximate result of Defendants' negligence and carelessness, Plaintiff, Robert Richard, has in the past and may in the future be prevented from and unable to engage in his normal activities and enjoy the normal pleasures of life. WHEREFORE, Plaintiff, Robert Richard, claims damages against Defendants for an amount in excess of $50,000.00, together with damages, costs, interest and attorneys' fees, pursuant to law and such other relief as this Court may deem just and proper. COUNT II PLAINTIFF, ROBERT RICHARD V. DEFENDANT GRAYSON MITCHELL, INC. 17. Plaintiffs incorporate by reference Paragraphs 1 through 16 inclusive as if same were herein more fully set forth at length. 18. Defendant Grayson Mitchell, Inc. was the owner of the truck operated by Defendant Stokely Owen Seamster, Jr. at all times material hereto. 19. At all times material hereto Defendant Stokely Owen Seamster, Jr. was the agent, servant, workman and/or employee of Defendant Grayson Mitchell, Inc. 20. The negligence, recklessness and carelessness of Defendant Grayson Mitchell, Inc. consisted of but are not limited to the following: 4 a. entrusting the motor vehicle to Defendant Stokely Owen Seamster, Jr. when they knew of should of known that Stokely Owen Seamster, Jr. was unfit to drive the aforesaid vehicle; b. allowing Defendant Stokely Owen Seamster, Jr. to operated said motor vehicle without proper and adequate training; C. allowing Defendant Stokely Owen Seamster, Jr. to operate said motor vehicle when they knew or should have known that Stokely Owen Seamster, Jr. lacked sufficient knowledge, training or experience in the operation of said vehicle and/or the rules of the road; d. failing to adequately train Defendant Stokely Owen Seamster, Jr. in the proper operation of said motor vehicle and/or the rules of the road; e. failing to ensure that Defendant Stokely Owen Seamster, Jr. would and could operate said motor vehicle in a reasonable, safe and prudent manner; f. other negligence in all other respects which shall be disclosed during the course of discovery and/or at the time of trial. 21. As a direct and proximate result of Defendant Grayson Mitchell, Inc.'s negligence and carelessness, Plaintiff, Robert Richard, suffered severe and disabling physical and emotional injuries to various portions of his body, including, but not limited to, his head, neck, shoulders, chest, back, torso and limbs, some or all of which injuries may be permanent in nature, the full extent of which may not be known at this time. 22. As a direct and proximate result of Defendant Grayson Mitchell, Inc.'s negligence and carelessness, Plaintiff, Robert Richard, has in the past and will in the future experience severe, unrelenting and excruciating pain and suffering. 5 23. As a direct and proximate result of Defendant Grayson Mitchell, Inc.'s negligence and carelessness, Plaintiff, Robert Richard, has been disabled in the past and will continue to be disabled in the future from performing his usual duties, occupations and avocations, and has or may suffer a loss of earnings and impairment of earning capacity. 24. As a direct and proximate result of Defendant Grayson Mitchell, Inc.'s negligence and carelessness, Plaintiff, Robert Richard, has incurred medical expenses and will likely continue to incur such expenses, to his great detriment and loss. 25. As a direct and proximate result of Defendant Grayson Mitchell, Inc.'s negligence and carelessness, Plaintiff, Robert Richard, has suffered physical and mental pain, anguish and anxiety and is likely to so suffer for an indefinite time in the future. 26. As a direct and proximate result of Defendant Grayson Mitchell, Inc.'s negligence and carelessness, Plaintiff, Robert Richard, has in the past and may in the future be prevented from and unable to engage in his normal activities and enjoy the normal pleasures of life. WHEREFORE, Plaintiff, Robert Richard, claims damages against Defendant, Grayson Mitchell, Inc., for an amount in excess of $50,000.00, together with damages, costs, interest and attorneys' fees, pursuant to law and such other relief as this Court may deem just and proper. COUNT III PLAINTIFF, SANDRA RICHARD V. DEFENDANTS, STOKELY OWEN SEAMSTER AND GRAYSTON MITCHELL, INC. 27. Plaintiffs incorporate by reference Paragraphs 1 through 26 inclusive as if same were herein more fully set forth at length. 28. As a further result of Defendants' negligence and carelessness, Plaintiff, Sandra Richard, has been and will be deprived of the care, comfort and consortium of her husband, Plaintiff, Robert Richard. 6 WHEREFORE, Plaintiff, Sandra Richard, claims damages against Defendants for an amount in excess of $50,000.00, together with damages, costs, interest and attorneys' fees pursuant to law and such other relief as this Court may deem just and proper. , MENNIES & SHERR, LLP By: JOSX -I B. MAYERS, ESQUIRE Attorney for Plaintiffs FEB-15-2005 12:18PM FROM- VERIFICATION T-386 P.004/013 F-123 The undersigned, having read the attached Complaint, verifies that the within Complaint is based on information furnished to counsel which information has been gathered by counsel in the course of the within lawsuit. The language of the Complaint is that of counsel and not the signer. Signer verifies that he/she has read the within pleading and that the factnal averments are true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel and/or lebal terminology, verifier has relied upon counsel in takiing this verification. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. §4904 relating to unswor falsification to authorities. RO UCHARD -?rlllnn Date: FEB-15-2005 12:18PM FROM- VERIFICATION T-386 P.005/013 F-123 The undersigned, having read the attached Complaint, verifies that the within Complaint is based on information furnished to counsel which information has been gathered by counsel in the course of the within lawsuit. The language of the Complaint is that of counsel and not the signer. Signer verifies that he/she has read the within pleading and that the factual averments are true and correct to the best of signer's knowledge, information and belief To the extent that the contents of the pleading are that of counsel and/or legal terminology, verifier has relied upon counsel in taking this verification- The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswor falsification to authorities. Eo"A o, SANDRA RICHARD Date: ) Ul VERIFICATION The undersigned verifies that the facts contained within the attached pleading are true and correct to the best of my information, knowledge and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. B. MAYERS, ESQUIRE Date: February 15, 2005 ( ? ?? ?( 1 T Y- 1 ? y/ ?' t i? { 4 T . ^ Y • < < I ? 4Y' MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. ATTORNEY FOR PLAINTIFFS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO, 04-5452 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF MONTGOMERY ) I, JOSEPH B. MAYERS, ESQUIRE, Attorney for Plaintiffs, hereby certify that a true and correct copy of the Complaint has been served on Defendant, Stokely Owen Seamster, Jr., 8051 Bank Street, Baltimore, Maryland 21224, by Certified Mail, Return Receipt Requested, on February 15, 2005. The Certified Mail Return Receipt Cards are attached hereto as Exhibit A. MAYERS, MENNIES & SHERR, LLP BY: SWORN TO AND SUBSCRIBED ) ) BEFORE ME, THIS 22 DAY ) OF FEBRUARY, 2005. B. MAYERS, ESQUIRE for Plaintiffs Nov 12, 3W7 EXHIBIT A ti r S Lrl Ln Postage $ r•p 17- p C,n hed Fee YySimadc p p Return fleclept Fee q? //etQere ?vtM (Eldorsementflequlred) C3 ReeMCted De1NWV Fee (Endom tReqused) Rl I Ll J Total Postage 8 Fees $ m p nt e 4 l L1J{ C }2 f J-[----... r ¦ Complete items 1, Z and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the'b'ack of the mallpiece, or on the front if space permits. 1. Article Addressed to. of e-f j ?ust?1 n v.S ?.? c l pt1nK r ?gnacurev? ?Ylti ! ? Agent Addressee B. Received by f Printed Name) C. Date of Delivery D. Is delivery address different from Rem 1? ? Yes if YES, enter delivery address below: ? No 3. I, ALCertKed Mail l7 Express Mail 'f' ? Registered El Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes Is Number 7003 2260 0007 0455 4472 for trom san4ce label) _ 3811, February 2004 Domestic Return Receipt f 0259502-M-1540-; m j `T, MAYERS, MENNIES & SHERR, LLP BY: JOSEPH B. MAYERS, ESQUIRE IDENTIFICATION NO. 40731 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 ROBERT RICHARD and SANDRA RICHARD, both individually and as husband and wife vs. GRAYSON MITCHELL, INC. and STOKELY OWEN SEAMSTER, JR. ATTORNEY FOR PLAINTIFFS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 04-5452 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATIONS TO THE PROTHONOTARY: Kindly substitute the attached Verifications to the Complaint filed in the above-captioned matter. MENNIES & SHERR, LLP By: \ I B. MAYERS, ESQUIRE for Plaintiffs VERIFICATION The undersigned, having read the attached Complaint, verifies that the within Complaint is based on information furnished to counsel which information has been gathered by counsel in the course of the within lawsuit. The language of the Complaint is that of counsel and not the signer. Signer verifies that he/she has read the within pleading and that the factual averments are true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel and/or legal terminology, verifier has relied upon counsel in taking this verification. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. *ROBERT ICHARD Date: ZJ-5 VERIFICATION The undersigned, having read the attached Complaint, verifies that the within Complaint is based on information furnished to counsel which information has been gathered by counsel in the course of the within lawsuit. The language of the Complaint is that of counsel and not the signer. Signer verifies that he/she has read the within pleading and that the factual averments are true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel and/or legal terminology, verifier has relied upon counsel in taking this verification. The. undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. SANDRA RICHARD Date: eD ) d r? -?.. ?. Curtis R. Long Prothonotary office of toe Vrotoonotarp Cumbprtanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n41- S'y?U- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-61 QS - "-