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Home My WebLink About94-01218 C l.. Q) " '00 t ......... .~ -.... JAMES DARDEN, Individually, and JAMES AND PAMELA DARDEN as parents and natural Guardians of JESSICA AND ROBERT DARDEN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /.-2(% (I~ !4q/;- CIVIL ACTION - LAW VS. THELMA ELPERN, Defendant JURY TRIAL DEMANDED NOT ICE 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 Plaintiffs. 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. COURT ADMINISTRATOR CUMBERLAND CO COURTHOUSE 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE PA 17013 3387 (717) 240 6200 NOT I C I A 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 notificaeion. Usted de be presentar una aparieneia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita BUS defenBas 0 SUB objeciones alas demandas en contra de su persona. Sea aviBado que si usted no Be 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 petie ion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COUNTY LAWYER REFERRAL SERVICE Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, Pennsylvania 17101 (717) 232-7536 JAMES DARDEN, Individually, and JAMES AND PAMELA DARDEN as parents and natural Guardians of JESSICA AND ROBERT DARDEN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VS. THELMA ELPERN, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs James and Pamela Darden are adult individuals who reside at 2284 Pine Road, Newville, Cumberland County, Pennsylvania, with their minor children Jessica and Robert. 2. Defendant Thelma Elpern is an adult individual who resides at 452 Clover Street, Etters, York County, Pennsylvania. 3. On or about February 19, 1993 Plaintiff James Darden was operating a 1981 Chevrolet Chevette southbound on North 34th Street in Camp Hill, Cumberland County, at which time he turned left onto westbound Market Street. The intersection of North 34th and Market Street is controlled by a traffic light, which was green in Mr. Darden's direction as he entered the intersection and made the left turn. 4. At this same time, Defendant Thelma Elpern was negligently, recklessly and carelessly operating a 1986 Honda Accord westbound on Market Street in Camp Hill, Cumberland County, Pennsylvania at the intersection with North 34th Street As a result of Defendant's negligence, she caused her motor vehicle to collide with the vehicle operated by Plaintiff James Darden, causing certain serious injuries to Plaintiffs as hereinafter set forth. 5. The collision between Defendant's vehicle and Plaintiff's vehicle was caused solely by the negligence, carelessness and recklessness of Defendant in thatl a. she operated her vehicle at an excessive rate of speed under the circumstances~ b. she failed to have her vehicle under proper and reasonable control so that she could stop or take other evasive action necessary to avoid the collision~ c. she failed to pay proper and reasonable attention to other vehicles on the road and to the applicable traffic control device~ d. she failed to obey a Red traffic signal~ and e. she failed to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code and the ordinances of Camp Hill. .f. 6. By reason of the negligence, recklessness and carelessness of the Defendant, Plaintiffs were violently shaken and suffered severe, serious and possibly permanent injuries, including~ a. Plaintiff James Darden sustained shock to his nervous system and serious injury to his neck, back, shoulders, and left side, including but not limited to a cervical strain and decreased range of motion~ b. Plaintiff Jessica Darden sustained shock to her nervous system and injury to her neck, back, shoulders and the femurs of both legs, including but not limited to a trapezius strain and decreased range of motion~ and c. Plaintiff Robert Darden suffered shock to his nervous system and injury to his head and neck. 7. As a result of their injuries, Plaintiffs have incurred in the past and may in the future incur great pain and suffering. 8. As a result of their injuries, Plaintiffs have been unable to attend to all of their normal duties and activities, and may have sustained a permanent diminution in the ability to enjoy life and life's pleasures. 9. As a result of Plaintiffs' injuries they have incurred and may continue to incur medical expenses and income loss. 10. As a further result of this accident, Plaintiffs lost use of the 1981 Chevrolet Chevette and were forced to incur rental expenses for a substitute automobile. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in an amount in excess of $20,000.00, plus interest and costs. Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ O..O,0~ _, ael D. P a, Esquire Sup. Ct. I. D. #53624 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs James Darden, Individually and James and Pamela Darden, as Parents and Natural Guardians of Jessica and Robert Darden DATE: 3/10/94 WP+3594 VERIFICATION I, PAMELA DARDEN, have read the foregoing document and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 54904, relating to unsworn falsification to authorities. DATE I /-,7!- 9f Jfrmd4_~J PAMELA DEN VERIFICATION I, JAMES DARDEN, have read the foregoing document and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 54904, relating to unsworn falsification to authorities. DATE I /-;?/- '7'1 ~- ~.,&.- JAME DEN ,_~.~,.,J """" en . e.; ei. --::::J ,-, 1"0 ~'.()~ ....,j,. ~ ~ '" ~ - lX)1:'- , ~ ~.~ ~,~; " ~~ :"'"" ::r:: 0..- N -' U"l ~ ~t ~~) /.............') N n: ., ::.:,; ~ . SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsy1vnaia No. 1218 Civil Term 1994 Complaint in Civil Action Law Guardians and Notice James Darden, Individually and James & Pamela Darden, as Parents and Natural of Jessica and Robert Darden VS Thelma Elpern R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Thelma Elpern but was unable to locate her in his bailiwick. He therefore deputized the sheriff of York County, Pennsylvania, to serve the within Complaint in Civil Action Law and Notice On March 28, 1994 , this office was in receipt of the attached return from York County, Pennsylvania. this 3(5f 19 ql.J day of 14.00 5.00 2.00 ~! 24.96 R. 45.96 Pd. by Atty. to befote2Jle94 It &1 rc h So answers: '. .---:.~ (~." ,:t.' ~~?:: ,~, . THOMAS KLINE, Sheriff Sheriff's Costs: Docketing Out of County Surcharge County York Sworn and subscribed l.. ~J Prothonotary (--=::x3 ( . .~ '". _._.'n.-~""""""""."~""" . 1., TnE! C~urt of C=mmO:i ?!e::s or C:.;r.::"-:;;lt'l::nd C:;;w';;~',!, Psnr:sylvc:r.i= James Da'den et.al. 'is. Thelma Elpern 1216 Civil Term ---. :?_~ :-roo :-iow, March 14, 1994 ~9_!. S..~'":),.-:,,:;, ---- 0- f"....,,...,,-:-:>T ""' CO.....,....... ':1-' ... ::' -........j.::..._~,~ "",.-,-., ..~ ~Q . . . . . ... .- . ::'=--=rf c:...::uc:: t:.: ~n::-...:% ot York C-u:- '0 .--.... .:..:. '.V":' ... "":. -...--- .... .., .. . .' . ... -,..- =.:s ==::u::cu .:~ -",..- 1-t == ._~u::; ::0. ~ Ot :.::.: :'.3:::%. ~(// ~{.-1! '1----2",4:;:>0 r/~ ';.i{;.4.~ She..""1:f ot C=:::er..:u:d C.:n1:1t7. :'3. Affidavit or - . :::e:-n~ :-iow, March 21 ~9 94 .:.: 11: 25 o.;.!ca A' 'tL !::-.-:oi . ... ~:: ';"1.-." COmPlaint & Notice 'JpoQ Thelma ElOE:!rn ~t 452 Clover St.. F.~ters. PA by~6;:.o Thelma Eloern 3. True and Attested COITPlaint & Notice ~_-.. ct' '_~." .:__r '--""" ...::~ .. 1:10 -.,":. i:cwa :0 Thelma Elnern . ., ::.: .:==t::::S :.:::::::t. So :t=W=. :~ J " " I (~ , '", 'fT' "- ' == c~ ."-...::i...."""-: ~,,~ SAc:5 af York " ~ c:o~"Cr.?~ t.-::. .1 ..<:.. 3WCQ :md s::i::sc:-:i:d bc:= '2nd CY oi M.:Irt""h V{1.,7 II I-~:'~,- COSTS SZA'VICZ ~!IUAGZ oS 19--94 r_--, A:"7iDA vrr NOTARIAL SEAL WALUS W. RHINE. Nalary Public 'Ibtt<. Vorl< Ccunry. Ponlllytvanla My CCIIVlUIIcn Ellplteo MIIn:h 2S, 1885 s " .. THOMAS, THOMAS & HAFER Jeffrey B. Rettig, Esquire 1.0.1119616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 (717) 255.7639 (717) 237-7105IFax) Attorney for Defendant JAMES DARDEN,lndlvldually, and JAMES and PAMELA DARDEN, as parents and natural guardians of JESSICA and ROBERT DARDEN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 1218 CIVIL 1994 v. CIVIL ACTION. LAW THELMA ELPERN, Defendant JURY TRIAL DEMANDED I PRAECIPE TO ENTER APPEARANCE II TO: Lawrence Welker, Prothonotary Cumberland County Court of Common Pleas Please enter the appearance of the undersigned on behalf of DEFENDANT, THELMA ELPERN In the above-captioned action. THOMAS, THOMAS & HAFER " Date: t.f/sNy / , C.~/- JI;Ff EV B. RETTIG 305 NORTH FRON P.O. BOX 999 HARRISBURG. PA 17108-0999 (717) 255-7639 ATTORNEY FOR DEFENDANT " . CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE of the law firm of THOMAS, THOMAS, 8& HAFER, do certify that I served the foregoing document on the following person(s), by depOSiting the same In the United States Mall, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael D. Plpa, Esquire METTE, EVANS 8& WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 THOMAS, THOMAS 8& HAFER Date: If!6!Q,/ -..t ~ ~ s =c..j Ii 'l! ~ t ,s i~ ~ t; ... II: Iii I- Z o II: ... :r l- II: o Z Ul o ... '" '" '" " o OJ o " OJ o E ~ ",' II: " OJ Ul it II: " :r JAMES DARDEN. Individually, and JAMES and PAMELA DARDEN, as Parents and Natural Guardians of JESSICA and ROBERT DARDEN. Plaintiffs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 12.' Civil 1994 /,J." S v. CIVIL ACTION - LAW THELMA ELPERN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel. Michael D. Pipa. Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. THOMAS. THOMAS 8< HAFER DATE, <l1( Attorneys for Defendant JAMES DARDEN, Individually, and JAMES and PAMELA DARDEN, as Parents and Natural Gusrdlans of JESSICA and ROBERT DARDEN, Plslntlffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~ Civil 1994 p/8 v. CIVIL ACTION - LAW THELMA ELPERN, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, by her attorneys, Thomas, Thomas & Hafsr, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiffs are who they say they are. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the Defendant was negligent, reckless, or careless. It is admitted that Defendant's vehicle collided with Plaintiff's vehicle. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or informetion sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 5. Denied. It is denied that the Defendant was negligent as alleged. a. Denied. It is denied that the Dsfsndant operated her vehicle at an excesslvs rate of spesd. b. Dsnled as stated. It Is admitted that the Defendant did not have her vehicle under proper control. On information and belief. that was due to a medical condition which arose at the time of the accident which Defendant did not know of or anticipate. c. Denied. The answer to subparagraph b above is incorporated herein by rsference thereto. d. It Is admitted. based on information and belief. that Defendant proceeded into the intersection with a red traffic signal. e. Denied. This allegation represents conclusion of law to which no reply Is required. 6. Denied. It is denied that the Defendant was negligent. As to the balance of the allegation of this paragraph. after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 7-10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. WHEREFORE. the Defendant requests that Plaintiff's Complaint be dismissed without cost to her. NEW MATTER 11. This claim is subject to the provisions of the Pennsylvania Financial Responsibility Act. the limitations of which are incorporated herein by reference thereto. 12. Defendant believes, and therefore avers, that she expsrienced a medical condition at the time of the accident of which shs did not have foreknowledge. WHEREFORE, the Defendant requests that Plaintiff's Complaint be dismissed without cost to her. Respectfully submitted, THOMAS, THOMAS 8& HAFER DATE: r l/f1 B. Rettig, Esquire I. 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 1710S-0999 (717) 255-7639 Attorneys for Defendant .......--.....,...;... -- VERIFICATION I, Jeffrey B. Rettig, Esquire, state that I am the attorney for Defendant Thelma E1pern~ that I make this Verification on behalf of said Defendant~ and that I am familiar with the facts and allegations set forth in the foregoing Answer and New Matter. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. . '.+.'~:~""'.~ >'..'." .....---; CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG. ESQUIRE. hereby certify that I have served a true and correct copy of the foregoing Answer with New Matter. on the following person(s) by placing same in the United States mail. postage prepaid. on the -I-L day of r~ .1994: Michael D. Pipe. Esquire Mstts, Evens 8< Woodside P.O. Box 5950 3401 North Front Street Harrisburg, PA 17110-0950 THOMAS. THOMAS 8< HAFER .. ~ ~ ~ ~~~ ~ ~ ~ ~I:l ..Ii! """'--__ t- ~ ~ ~ ~~ ; ~ 01 01 01 " o al ci '" al o i5 ~ .; 0: :> al Ul it 0: '" :r ~ JAMES DARDEN, Individually, 1 JAMES and PAMELA DARDEN, as I Parents and Natural Guardians 1 of JESSICA and ROBERT DARDEN, : Plaintiffs 1 1 VS. I 1 THELMA ELPERN, 1 Defendants 'I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /';1./ ;r NO. __ Civil 1994 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 11. Admitted. 12. Denied. After a reasonable investigation, plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 12 of Defendants' New Matter, and the averments are therefore denied. Respectfully submitted, METTE, EVANS & WOODSIDE DATE I 6/6/94 ~" '0.. ~ BY: ' D. - Mi el D. pipa, quire Sup. Ct. I. D. #53624 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 ( 717)232-5000 Attorneys for Plaintiffs CERTIFICATB OF SERVICE AND NOW, this 6th day of June , 1994, I, MICHAEL D. PIPA, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as followsl Jeffrey Rettig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 METTE, EVANS & WOODSIDE BY:~JJ.~ Mi el D. Pipa, squire Sup. Ct. I. D. #53624 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 DATE 1 Attorneys for Plaintiffs 6831_1 - 2 - ~ ~"Joo. _ r." -or.: ",,' .. " , '" If' r-- .. ~ -. ", ~. '" ~ ;; \ j,.,.' H4Y 5 I 3G PH '95 ,.'/irt .J \ ~ -< .J 'j ~ j ...... ~ J ~ ~ ~ ~ ~ ........' "-- ~ c'--- .~'j ',.) ...... ~ ..., , ~ V::> \ IV<::> ,., I l.rl VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1281 CIVIL 1994 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JAMES DARDEN, Individually, JAMES and PAMELA DARDEN, as Parents and Natural Guardians of JESSICA and ROBERT DARDEN, Plaintiffs THELMA ELPERN, Defendants PETITION TO COMPROMISE ACTION, ALLOW COUNSEL FEES, AND DIRECT DISTRIBUTION AND NOW come James and Pamela Darden, as parents and natural guardians of Jessica and Robert Darden, and respectfully state: 1. We, James and Pamela Darden, are the parents and natural guardians of the minor Plaintiffs, Jessica and Robert Darden. 2. This action was commenced to recover damages for injuries sustained in an automobile accident that occurred on February 19,1993. 3. The accident occurred in the intersection of North 34th and Market Streets in Camp Hill, Cumberland County; Plaintiffs allege that Defendant Thelma Elpem failed to obey the traffic control light, which was red in her direction when she entered the intersection, and collided with the rear of Plaintiffs' car. -V"J:.:tTftJ!j .~ 4. Plaintiff Jessica Darden, a minor, sustained injuries to her right leg and hip and to her neck. Jessica Darden was examined in the Emergency Room at Seidle Memorial Hospital and had one follow-up visit with Bruce Goodman, M.D. 5. X-rays of Jessica Darden's cervical spine and right and left femurs were negative; the pain and soreness Jessica Darden experienced after the accident resolved within weeks, has not recurred, and is not expected to recur. 6. Also during the accident, Plaintiff Robert Darden, a minor, bumped his forehead and experiences soreness in the area. 7. Robert Darden was examined immediately in the Emergency Room at Seidle Memorial Hospital and all findings were normal. 8. Robert Darden's soreness resolved and no further medical treatment was necessary. 9. Plaintiff and Petitioner James Darden was operating the Darden family car at the time of the accident and was also injured. - 2- 10. The parties to this case have reached agreement on terms to settle and compromise the action in its entirety: the agreed terms include payment of $300 for the claim of each child, for a total of $600 for the minors' claims. 11. We believe that this compromise and settlement is in the best interests of Robert and Jessica Darden. 12. Mette, Evans and Woodside has acted as attorneys for the Plaintiffs, including the minor Plaintiffs, and is due a counsel fee of $200, representing one-third of the total amount recovered, for services rendered in prosecuting this action. 13. The net balance payable to Jessica Darden is $200 and to Robert Darden is $200. Jessica and Robert reside with and are maintained and supported by their parents, Petitioners James and Pamela Darden. WHEREFORE, we respectfully request that this Court: a. Approve the compromise stated above; b. Authorize the payment of fees, as stated above, from the funds due to the minors; - 3 - .' c. Direct payment of the net fund due to the minors to be made to Petitioners James and Pamela Darden; and d. Stay all proceedings meanwhile. fth'UA- ,i)-awL.. J~S DARDEN, PETITIONER ~)Jdc.. (yJI/}dJd~) PAMELA DARDEN, PETITIONER METTE, EVANS & WOODSIDE BY:~O>>~ Mi I D. Pipa, Eire Crt. Sup. I.D. #53624 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 DATED: J../ - at/ - 95 Attorneys for Plaintiffs/Petitioners, James and Pamela Darden -4- ~ERTIEICATE OF SERVICE AND NOW, this dI./.st Day of ~ , 1995, I, MICHAEL D. PIPA, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Jeffrey Rettig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 METTE, EVANS & WOODSIDE BY: "Q"o ~ Mid\1a I D. Pipa, Es ire Crt. 'Sup. 1.0. #53624 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Plaintiffs/Petitioners, James and Pamela Darden 29652 I . , VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : J<J If{ : NO.~CIVIL 1994 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JAMES DARDEN, Individually, JAMES and PAMELA DARDEN, as Parents and Natural Guardians of JESSICA and ROBERT DARDEN, Plaintiffs THELMA ELPERN, Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above-caplioned matter settled and discontinued. Respectfully submitted, METTE, EVANS & WOODSIDE BY: Mic a I D. Pipa, Es ire Sup. rt. 1.0. #53624 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Plaintiffs, DATED: 8/14/95 40940 I C,I:RTIFICATE OF SERVICE AND NOW, this 14th day of August ,1995, I, MICHAEL D. PIPA, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Jeffrey Rettig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 ., ,. METTE, EVANS & WOODSIDE By:~.Q~ Mi , I D. Pipa, Es ire Sup. Crt. J.D. #53624 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Plaintiffs 40940 I ..", en - ~- ..- l6J~.~'" ~zc..',~ ... oC,:,<" "1 l. ~.::')" .:;': Z~ ; ~i t::', ;j ~ .;UhJZ .. ,:;;- ,.:,u,l ;-:~... ...'" 0<'" ~ .... II> (Y) L.rl g ~