Loading...
HomeMy WebLinkAbout02-3172ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Attorney for: DEFENDANTS, EDWIN L. GLASSER, Telephone: [717] 975-8114 and DURON, INC., d/b/a DURON PAINTS Fax: [717] 975-8124 and WALLCOVERINGS, INC. E-mail: rkrollAmareolisedelstein com DANETTE RESCINITI and : IN THE COURT OF COMMON PLEAS ALICIA RESCINITI, : OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED PRAECIPE Kindly enter the undersigned's appearance on behalf of the Defendants, Edwin L. Glasser and Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. Respectfully submitted, G LIS ED LS B: Rolf E oll, Esquire Attorney I.D. #47243 Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendants, Edwin L. Glasser, and Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. CERTIFICATE OF SERVICE I, Jessica Brady, an authorized representative of Margolis Edelstein, hereby certify that I have served a true and correct copy of the foregoing document upon all counsel and parties of record this day of July, 2002, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: David B. Dowling, Esquire James E. Ellison, Esquire Rhoads & Sinon LLP One South Market Square, 12'h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 By: essica Brady 1 n i ??- y v ?'? ? .. { v r^ c. ; ?- Z ?,, ? _.,; n. " ? %C:" cn t; r?s - '..; _e ,__ ,:? C L? ? '_ -n ? CX> ? David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. O.Z- 3ila2 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Toll Free 800-990-9108 ORIGINAL David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. oa - 31 7a C&,:-I JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiffs, Danette and Alicia Resciniti, by and through their attorneys, Rhoads & Sinon LLP and file the within Complaint as follows: PARTIES 1. Plaintiff, Danette Resciniti is an adult individual who resides at 64 Lone Oak Drive, Marysville, Perry County, Pennsylvania 17053. 2. Plaintiff, Alicia Resciniti, is an adult individual who resides at 64 Lone Oak Drive, Marysville, Perry County, Pennsylvania 17053. 3. Defendant, Barry T. Glover is an adult individual who resides at 1323 Albany Road, Harrisburg, Dauphin County, Pennsylvania. 431250.2 4. Defendant, Edwin L. Glasser is an adult individual who resides at 3702 North 3`d Street, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc., is a Maryland corporation doing business in Pennsylvania with a principle place of business at 1905 State Street, Camp Hill, Cumberland County, Pennsylvania 17011 and a registered agent care of CT Corporation System, 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania 19103. FACTUAL BACKGROUND 6. On August 7, 2000 at or about 1:20 p.m., Plaintiff Danette Resciniti was lawfully proceeding eastbound on Market Street in Camp Hill, Pennsylvania while driving a Plymouth Neon owned by her parents, John D. Resciniti and Laura A. Resciniti. The vehicle was insured under a policy of insurance providing full tort coverage. 7. Plaintiff Danette Resciniti was accompanied by her sister, Plaintiff Alicia Resciniti, who was riding in the rear passenger seat of the vehicle. 8. On or about the aforesaid time and place, Defendant Barry T. Glover (hereinafter "Glover") was also traveling eastbound on Market Street in a 1987 Ford F150 owned by Luther A. Rice. 9. Similarly, on or about the aforesaid time and place, Defendant Edwin Glasser (hereinafter "Glasser") was also traveling eastbound on Market Street in a 1998 Freightliner truck leased and insured by Duron, Inc. and/or Duron Paint and Wallcoverings, Inc. 10. As Plaintiffs approached the intersection of Market Street and 27ei Street, Plaintiff Danette Resciniti slowed their vehicle to a complete stop for preceding traffic. At the time, there -2- were two vehicles directly in front of Plaintiffs' vehicle, one of which was making a right hand turn. 11. As Defendants Glover and Glasser were proceeding eastbound on Market Street and approaching the intersection of Market Street and 27 h Street, Plaintiffs' vehicle was stationary and Plaintiffs were awaiting preceding traffic to begin moving again. 12. Despite the fact that Plaintiffs were stopped and their vehicle brake lights were fully operational, Defendant Glover failed to slow his vehicle to a stop. Consequently, he crashed into the rear of Plaintiffs' vehicle. 13. Following the impact, Plaintiff Danette Resciniti put her vehicle gear into park and attempted to exit the vehicle. 14. Before Plaintiff Danette Resciniti could exit the vehicle, Defendant Glasser, who also failed to slow his vehicle to a stop, crashed into the rear of Defendant Glover's vehicle, thereby causing it to impact Plaintiffs' vehicle a second time. 15. As a direct and proximate cause of the aforesaid collision, Plaintiffs suffered physical and personal injuries, as set forth herein. COUNTI NEGLIGENCE Danette Resciniti v. Barry T. Glover 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. As a result of the aforesaid collision, Plaintiff Danette Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 18. Plaintiff Danette Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glover, which consists of the following: a. driving too fast for the conditions then existing; -3- b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); L operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. 19. As a direct and proximate result of the conduct of Defendant Glover, Plaintiff Danette Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 20. As a direct and proximate result of her injuries, Plaintiff Danette Resciniti had to endure fifteen (15) chiropractic sessions. -4- 21. For months following the accident, Plaintiff Danette Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 22. As a direct and proximate result of the injuries described, Plaintiff Danette Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Danette Resciniti demands judgment against Defendant Barry Glover in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT II NEGLIGENCE Danette Resciniti v. Edwin L. Glasser 23. Paragraphs 1 through 22 are incorporated herein by reference. 24. As a result of the aforesaid collision, Plaintiff Danette Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 25. Plaintiff Danette Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glasser, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the fast sign of danger; e. failure to keep a proper lookout ahead; -5- f violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. 26. As a direct and proximate result of the conduct of Defendant Glasser, Plaintiff Danette Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 27. As a direct and proximate result of her injuries, Plaintiff Danette Resciniti had to endure fifteen (15) chiropractic sessions. 28. For months following the accident, Plaintiff Danette Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. -6- 29. As a direct and proximate result of the injuries described, Plaintiff Danette Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Danette Resciniti demands judgment against Defendant Edwin L. Glasser in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT III RESPONDEAT SUPERIOR LIABILITY Danette Resciniti v. Duron, Inc. d/b/a Duron Paints and Wallcoverings, Inc. 30. The averments of paragraphs 1 through 29 are incorporated herein by reference. 31. At all relevant times, Defendant Glasser was the employee of Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. and was operating within the scope and course of his employment at the time of the accident described herein. 32. Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as the employer of Defendant Glasser, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of his employment. Accordingly, a claim is made against Defendant Duron, Inc, d/b/a Duron Paints and Wallcoverings, Inc. pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Danette Resciniti, demands judgment against Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs and all other damages allowed by law. -7- COUNT IV NEGLIGENCE Alicia Resciniti v. Barry T. Glover 33. Paragraphs 1 through 32 are incorporated herein by reference. 34. As a result of the aforesaid collision, Plaintiff Alicia Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 35. Plaintiff Alicia Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glover, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; ff, violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that the could have brought his vehicle to an immediate stop prior to impact. -8- 36. As a direct and proximate result of the conduct of Defendant Glover, Plaintiff Alicia Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 37. As a direct and proximate result of her injuries, Plaintiff Alicia Resciniti had to endure twenty-six (26) chiropractic sessions, which included ultrasound therapy. 38. For months following the accident, Plaintiff Alicia Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 39. As a direct and proximate result of the injuries described, Plaintiff Alicia Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Alicia Resciniti demands judgment against Defendant Barry Glover in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. -9- COUNT V NEGLIGENCE Alicia Resciniti v. Edwin L. Glasser 40. Paragraphs 1 through 39 are incorporated herein by reference. 41. As a result of the aforesaid collision, Plaintiff Alicia Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 42. Plaintiff Alicia Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glasser, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the fast sign of danger; e. failure to keep a proper lookout ahead; f, violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and c. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. -10- 6„021/12 FRI 09:28 FAX 717 231 8037+ RHOADS SINON LLP IM013 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have fumished to m;, counsel and information which has been gathered by my counsel in preparation of my laws tit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verifi;ation. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subjoct to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dated: b, 271 c@, anette Resciniti -13- 43. As a direct and proximate result of the conduct of Defendant Glasser, Plaintiff Alicia Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 44. As a direct and proximate result of her injuries, Plaintiff Alicia Resciniti had to endure twenty-six (26) chiropractic sessions, which included ultrasound therapy. 45. For months following the accident, Plaintiff Alicia Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 46. As a direct and proximate result of the injuries described, Plaintiff Alicia Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Alicia Resciniti demands judgment against Defendant Edwin L. Glasser in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT VI RESPONDEAT SUPERIOR LIABILITY Alicia Resciniti v. Duron, Inc. d/b/a Duron Paints and Wallcoverings, Inc. 47. The averments of paragraphs 1 through 46 are incorporated herein by reference. -11- I 48. At all relevant times, Defendant Glasser was the employee of Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. and was operating within the scope and course of his employment at the time of the accident described herein. 49. Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as the employer of Defendant Glasser, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of his employment. Accordingly, a claim is made against Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Alicia Resciniti, demands judgment against Defendant, Duran, Inc., d/b/a Duron Paints and Wallcoverings, Inc. in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs and all other damages allowed by law. Respectfully submitted, RHOADS & SINON LLP By. Aavid B. Dowling, Esquire James E. Ellison, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -12- s 00/21/62 FRI 09:29 FAIL 717 231 0037+ RHOADS SINON LLP IM 014 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to m;( counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subj xt to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: Alicia Rescini -14- a NZ ?o COMMONWEALTH OF PENNSYLVANIA COUNTY OF; CUMBERLAND 09-3-02 BBLEK B. MWLEZMERGER P.O. BOX 155 27 N. BIG 9PEING AVMMZ IiSUVIT", PA Talapiwo: (717) 776-3187 17241 BELEN B. BRVLMMI=BR P.O. BOX 155 27 N. 210 SPRING AVENUE NAIMLLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: FX Judgment was entered for: (Name) ® Judgment was entered against: (Name) In the amount of S g, -12a 5& on 0 Defendants are jointly and severally liable- D Damages will be assessed on: This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ NOTICE OF IYL CASE /TRANSCRIPT PLAINTIFF; NAME and A90AESS rNAIrJ'ERB, TAIRA J DO BOX 2013 MSCCEAHICSBIIBG, PA 17055 L J VS. DEFENDANT; Naae.ndAUD"M fiatk", TEREBA 81 N SAW 8T RENVZLLE, PA 17341 L J DocketNo.: CV-0000048-02 Date Filed; 4/19/02 (Date of Judgment) a/d7/n2 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Levy is stayed for days or 0 generally yed. Objection to levy has been filed and hearing will b held: Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAY OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT 6 3-0oacate I certify that this is a true and correct copy of the Date My commission expires first Monday of January, AOPC 315.99 Z00ln (zo-C-so)•r•a t THE ENTRY OF JUDGMENT BY FILING A NOTICE OF COMMON PLEAS, CIVIL DIVISION. YOU CRIPT FORM WITH YOUR NOTICE OF APPEAL- , District Justice the proces&W containing the judgment. District Justice SEAL veze 9LL LTL %Yd Oz:80 ZO/TO/LO COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, QQ _ 3 r7 y L- l'od NOTICE OF APPEAL I Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. 81 W. Main St. Newville PA 17241 T N nE OF (PMvtilll (aMS+Orkl a 2 02 Kara J. Walters vs Teresa Baker E A Cv 0000048-02 LT This bock will be signed ONLY when this notation is required under Pa. R.CPJP. 10088. h appellant was CLAIMANT (see Pa. R.C.PJP. No. This Notice of Appeal, when received by the District Justice, will operant as a 1001((1 J in action before District justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days alter sutu a liornonorary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Kara J. Walters n Nate of alpe ee(sJ appellea(s), to file a complaint in this appeal (Common Pleas No AD!R - 3 /7y l "i r„ ?n rvT) within twenty (20) days after service of rule or suffer tr of L ? Y Judgment of ran pros. RULE: To Kara J. Walters U a hR4 e1 ° Here nt>s) ' appellee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service m by certified or registered mail (2) If You do not file a complaint within this time, a JUDGMENT OF NON PROS W0.L BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of moiling Date: an 1 AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;SS AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) M` by personal service ? by (certified) (registered) mail, sender's receipt attached hereto; and upon the appellee (name) on _ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of aHiant Stgn¢„re?a',.;at r.,,,cr?t?crnat'aa? -?:,rnatte My commission expl=es on C> C C? N ' . T) U; T Zr - r -rST_ . L` .,_Icn O Cb ? David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANTS EDWIN L. GLASSER AND DURON INC DB/A DURON PAINTS AND WALLCOVERINGS. INC. NOW COMES Plaintiffs, Danette and Alicia Resciniti, by and through their attorneys, Rhoads & Sinon LLP and file the within Plaintiffs' Answer to New Matter of Defendants Edwin L. Glasser and Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as follows: 50. Plaintiffs' allegations in paragraphs 1 through 49 of the Complaint are incorporated herein by reference as if set forth in full. 51. The averments contained in paragraph 51 constitute conclusions of law to which no response is required. Proof of the same, if relevant, is demanded at trial. To the extent a response is required, each and every averment contained in paragraph 51 is expressly and specifically denied. 52. The averments contained in paragraph 52 constitute conclusions of law to which no response is required. Proof of the same, if relevant, is demanded at trial. To the extent a response is required, each and every averment contained in paragraph 52 is expressly and specifically denied. 53. The averments contained in paragraph 53 constitute conclusions of law to which no response is required. Proof of the same, if relevant, is demanded at trial. To the extent a response is required, each and every averment contained in paragraph 53 is expressly and specifically denied. 54. The averments contained in paragraph 54 constitute conclusions of law to which no response is required. Proof of the same, if relevant, is demanded at trial. To the extent a response is required, each and every averment contained in paragraph 54 is expressly and specifically denied. 55. The averments contained in paragraph 55 constitute conclusions of law to which no response is required. Proof of the same, if relevant, is demanded at trial. To the extent a response is required, each and every averment contained in paragraph 55 is expressly and specifically denied. 56. The averments contained in paragraph 56 constitute conclusions of law to which no response is required. Proof of the same, if relevant, is demanded at trial. To the extent a response is required, each and every averment contained in paragraph 56 is expressly and specifically denied. -2- WHEREFORE, Plaintiffs', Danette Resciniti and Alicia Resciniti, request this Honorable Court enter judgment in their favor against Defendants, Edwin L. Glasser, and Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. Respectfully submitted, RHOADS & SINON LLP By: _ avid B. Dowling, Esquire James E. Ellison, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -3- CERTIFICATE OF SERVICE I hereby certify that on this 13th day of August, 2002, a true and correct copy of the foregoing Plaintiffs' Answer to New Matter of Defendants Edwin L. Glasser and Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire P.O. Box 932 Harrisburg, PA 17108-0932 Susan B. Chandle l l _ 'A` ?,Y .:.' T ! ?( y G7 i? :?' r _ t`=;' t ? ? , ?. ? ' 1 _ C... AJ ;Jr-r r. .. = ? cn ;_ ?? SHERIFF'S RETURN - REGULAR CASE NO: 2002-03172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESCINITI DANETTE ET AL VS GLOVER BARRY T ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DURON INC D/B/A DURON PAINTS AND WALLCOVERINGS INC the DEFENDANT , at 1310:00 HOURS, on the 8th day of July 2002 at 1905 STATE STREET CAMP HILL, PA 17011 by handing to MARK BRANDT, DISTRICT MANAGER a true and attested copy of COMPLAINT & NOTICE together with INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this day of ..7- A.D. L/ ?A o 0 -ice Prothonotary So Answers: R. Thomas Kline 09/06/2002 RHOADS & SINON By: % tyn Deputy k riff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESCINITI DANETTE ET AL VS GLOVER BARRY T ET AL 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: GLASSER EDWIN L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On September 6th 2002 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of county .00 Surcharge 10.00 .00 .00 16.00 09/06/2002 RHOADS & SINON So answer R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of aovz A.D. Q aO tQn? Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESCINITI DANETTE ET AL VS GLOVER BARRY T ET AL 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: GLOVER BARRY T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE REQUEST FOR PRODUCTION OF DOCUMENTS ------------ On September 6th , 2002 , this attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 36.50 .00 73.50 09/06/2002 RHOADS & SINON INTERROGATORIES AND ce was in receipt of t So answe R. Thomas Klin Sheriff of Cumberland County Sworn and subscribed to before me this l9 day of .2v0.L A.D. --? ac 22- Prothonota SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESCINITI DANETTE ET AL VS GLOVER BARRY T ET AL 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: DURON INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On September 6th 2002 this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Philadelphia 316.00 Sheriff of Cumberland County .00 341.00 09/06/2002 RHOADS & SINON Sworn and subscribed to before me this day of 30UaL A.D. Prothonotary I In The Court of Common Pleas of Cumberland County, Pennsylvania Danette Resciniti et al vs. Barry T. Glover et al SERVE; Duron Inc. Now, July 3, 2002 No. 02 3172 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. W isle, Sheriff of Cumberland County, PA Affidavit of Service Now, 1l ?? 0 0, 20Q?'at / d O o'clock -Ax served the within p ? I a /. lv-? upon f J I at I ? f by banding to a and made known to 4"C copy of the original the contents thereof. So Sworn and subscribed before me this 3k- day of yC? Fl 20 p t 1 d 6 P Public Cunmi? lon Eli Mu Z? ,? MC?Ic?-?? ?7 0 ?So?l fJedrss,?. County,PA ? c ss G-e, v c_,,.._ COSTS SERVICE $ MILEAGE _ AFFIDAVIT I In The Court of Common Pleas of Cumberland County, Pennsylvania Danette Resciniti et al VS. Barry T. Glover et al SERVE: Edwin L. Glasser No. 02 3172 civil Now, July 3, 2002 _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 20_, at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this _ day of 20 MILEAGE AFFIDAVIT (office urf p,IS4,ri ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff COmmonWealth of Pennsylvania RESCINITTI DANETTE County of Dauphin vs GLASSER EDWIN L Sheriff's Return No. 1668-T - - -2002 OTHER COUNTY NO. 02-3172 AND NOW:July 12, 2002 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy at 8:07PM served the within COMPLAINT GLASSER EDWIN L to HIM of the original upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 3702 NORTH 3RD ST HBG, PA 17110-0000 Sworn and subscribed to before me this 15TH day of JULY, 2002 ? ?l+Jl?.i ? A t PROTHONOTARY So Answers, Sheriff of j uphi County, pa, By ( ut y Sheriff Sheriff's Costs. $36.50 PD 07/10/2002 RCPT NO 166490 COOK In The Court of Common Pleas of Cumberland County, Pennsylvania Danette Resciniti et al vs. Barry T. Glover et al SERVE: Barry T. Glover No. 02 3172 civil Now, July 3, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. j? Sheriff of Cumberland County, PA Affidavit of Service Now, within 20_, at o'clock M. served the upon at by handing to a and made known to Sworn and subscribed before me this _ day of 20 copy of the original So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE _ AFFIDAVIT County, PA (off-re of t4r ?4Pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania RESCINITTI DANETTE VS County of Dauphin ' GLASSER EDWIN L Sheriff's Return No. 1668-T - - -2002 OTHER COUNTY NO. 02-3172 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for GLOVER BARRY T the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 15, 2002 NEED A BETTER ADDRESS, DEFENDANT MOVED TO NEW JERSEY NOVEMBER OF 2001, PER TENANT. Sworn and subscribed to before me this 15TH day of JULY, 2002 ?`,? LXJE L? ? 1 \ PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $36.So PD 07/10/2002 RCPT NO 166490 David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION LAW NO. Via- 3/7? BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Toll Free 800-990-9108 David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiffs, Danette and Alicia Resciniti, by and through their attorneys, Rhoads & Sinon LLP and file the within Complaint as follows: PARTIES 1. Plaintiff, Danette Resciniti is an adult individual who resides at 64 Lone Oak Drive, Marysville, Perry County, Pennsylvania 17053. 2. Plaintiff, Alicia Resciniti, is an adult individual who resides at 64 Lone Oak Drive, Marysville, Perry County, Pennsylvania 17053. 3. Defendant, Barry T. Glover is an adult individual who resides at 1323 Albany Road, Harrisburg, Dauphin County, Pennsylvania. 431250.2 4. Defendant, Edwin L. Glasser is an adult individual who resides at 3702 North 3rd Street, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc., is a Maryland corporation doing business in Pennsylvania with a principle place of business at 1905 State Street, Camp Hill, Cumberland County, Pennsylvania 17011 and a registered agent care of CT Corporation System, 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania 19103. FACTUAL BACKGROUND 6. On August 7, 2000 at or about 1:20 p.m., Plaintiff Danette Resciniti was lawfully proceeding eastbound on Market Street in Camp Hill, Pennsylvania while driving a Plymouth Neon owned by her parents, John D. Resciniti and Laura A. Resciniti. The vehicle was insured under a policy of insurance providing full tort coverage. 7. Plaintiff Danette Resciniti was accompanied by her sister, Plaintiff Alicia Resciniti, who was riding in the rear passenger seat of the vehicle. 8. On or about the aforesaid time and place, Defendant Barry T. Glover (hereinafter "Glover") was also traveling eastbound on Market Street in a 1987 Ford F150 owned by Luther A. Rice. 9. Similarly, on or about the aforesaid time and place, Defendant Edwin Glasser (hereinafter "Glasser") was also traveling eastbound on Market Street in a 1998 Freightliner truck leased and insured by Duron, Inc. and/or Duron Paint and Wallcoverings, Inc. 10. As Plaintiffs approached the intersection of Market Street and 27`x' Street, Plaintiff Danette Resciniti slowed their vehicle to a complete stop for preceding traffic. At the time, there -2- were two vehicles directly in front of Plaintiffs' vehicle, one of which was making a right hand turn. 11. As Defendants Glover and Glasser were proceeding eastbound on Market Street and approaching the intersection of Market Street and 27`x' Street, Plaintiffs' vehicle was stationary and Plaintiffs were awaiting preceding traffic to begin moving again. 12. Despite the fact that Plaintiffs were stopped and their vehicle brake lights were fully operational, Defendant Glover failed to slow his vehicle to a stop. Consequently, he crashed into the rear of Plaintiffs' vehicle. 13. Following the impact, Plaintiff Danette Resciniti put her vehicle gear into park and attempted to exit the vehicle. 14. Before Plaintiff Danette Resciniti could exit the vehicle, Defendant Glasser, who also failed to slow his vehicle to a stop, crashed into the rear of Defendant Glover's vehicle, thereby causing it to impact Plaintiffs' vehicle a second time. 15. As a direct and proximate cause of the aforesaid collision, Plaintiffs suffered physical and personal injuries, as set forth herein. COUNTI NEGLIGENCE Danette Resciniti v. Barry T. Glover 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. As a result of the aforesaid collision, Plaintiff Danette Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 18. Plaintiff Danette Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glover, which consists of the following: a. driving too fast for the conditions then existing; -3- b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; ff, violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. 19. As a direct and proximate result of the conduct of Defendant Glover, Plaintiff Danette Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 20. As a direct and proximate result of her injuries, Plaintiff Danette Resciniti had to endure fifteen (15) chiropractic sessions. -4- 21. For months following the accident, Plaintiff Danette Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 22. As a direct and proximate result of the injuries described, Plaintiff Danette Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Danette Resciniti demands judgment against Defendant Barry Glover in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT II NEGLIGENCE Danette Resciniti v. Edwin L. Glasser 23. Paragraphs 1 through 22 are incorporated herein by reference. 24. As a result of the aforesaid collision, Plaintiff Danette Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 25. Plaintiff Danette Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glasser, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; -5- f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. 26. As a direct and proximate result of the conduct of Defendant Glasser, Plaintiff Danette Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 27. As a direct and proximate result of her injuries, Plaintiff Danette Resciniti had to endure fifteen (15) chiropractic sessions. 28. For months following the accident, Plaintiff Danette Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. -6- 29. As a direct and proximate result of the injuries described, Plaintiff Danette Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Danette Resciniti demands judgment against Defendant Edwin L. Glasser in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT III RESPONDEAT SUPERIOR LIABILITY Danette Resciniti v. Duron, Inc. d/b/a Duron Paints and Wallcoverings, Inc. 30. The averments of paragraphs 1 through 29 are incorporated herein by reference. 31. At all relevant times, Defendant Glasser was the employee of Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. and was operating within the scope and course of his employment at the time of the accident described herein. 32. Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as the employer of Defendant Glasser, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of his employment. Accordingly, a claim is made against Defendant Duron, Inc, d/b/a Duron Paints and Wallcoverings, Inc. pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Danette Resciniti, demands judgment against Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs and all other damages allowed by law. -7- COUNT IV NEGLIGENCE Alicia Resciniti v. Barry T. Glover 33. Paragraphs 1 through 32 are incorporated herein by reference. 34. As a result of the aforesaid collision, Plaintiff Alicia Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 35. Plaintiff Alicia Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glover, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that the could have brought his vehicle to an immediate stop prior to impact. -8- 36. As a direct and proximate result of the conduct of Defendant Glover, Plaintiff Alicia Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 37. As a direct and proximate result of her injuries, Plaintiff Alicia Resciniti had to endure twenty-six (26) chiropractic sessions, which included ultrasound therapy. 38. For months following the accident, Plaintiff Alicia Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 39. As a direct and proximate result of the injuries described, Plaintiff Alicia Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Alicia Resciniti demands judgment against Defendant Barry Glover in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. -9- COUNT V NEGLIGENCE Alicia Resciniti v. Edwin L. Glasser 40. Paragraphs 1 through 39 are incorporated herein by reference. 41. As a result of the aforesaid collision, Plaintiff Alicia Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 42. Plaintiff Alicia Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glasser, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and c. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. -10- 43. As a direct and proximate result of the conduct of Defendant Glasser, Plaintiff Alicia Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 44. As a direct and proximate result of her injuries, Plaintiff Alicia Resciniti had to endure twenty-six (26) chiropractic sessions, which included ultrasound therapy. 45. For months following the accident, Plaintiff Alicia Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 46. As a direct and proximate result of the injuries described, Plaintiff Alicia Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Alicia Resciniti demands judgment against Defendant Edwin L. Glasser in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT VI RESPONDEAT SUPERIOR LIABILITY Alicia Resciniti v. Duron, Inc. d/b/a Duron Paints and Wallcoverings, Inc. 47. The averments of paragraphs 1 through 46 are incorporated herein by reference. 48. At all relevant times, Defendant Glasser was the employee of Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. and was operating within the scope and course of his employment at the time of the accident described herein. 49. Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as the employer of Defendant Glasser, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of his employment. Accordingly, a claim is made against Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Alicia Resciniti, demands judgment against Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs and all other damages allowed by law. Respectfully submitted, RHOADS & SINON LLP BY: ?? avid B. Dowling, Esquire James E. Ellison, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 7,77 -12- 06/21/02 FRI .09:29 FAR 717 231 6637+ RHOADS SLNON LLP VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the ComplaBt and, to the extent that the Complaint is based on information which I have given to my counsel it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subj xt to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. 1,, ? Dated: ob2 'Loa A & 'ywcLJ Alicia Resciniti to 014 -14- 06/21/02 FRI 09:28 FAX 717 231 6637+ RHOADS SINON LLP VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to m;1 counsel and information which has been gathered by my counsel in preparation of my laws lit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dated: arl C@? i /Yl Q a. - Fiv . 1 '-? Dinette Resciniti U013 -13- David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. JURY TRIAL DEMANDED PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT TO: Barry T. Glover 1323 Albany Road Harrisburg, Pennsylvania 17112 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R. Civ. P. 435903.1 4009, as amended, to produce for inspection, examination and copying, at the offices of Rhoads & Sinon, 410 North Third Street, P. O. Box 1146, Harrisburg, PA 17108-1146, not later than thirty (30) days after service of this Request, the following documents. These Requests shall be continuing. If, between the time of trial of this case, you or anyone acting on your behalf learn of - I - ORIGINAL additional documents responsive to this Request, you shall produce such document by Supplemental Response. DEFINITIONS AND INSTRUCTIONS 1. "You" or "your" refers to Barry T. Glover, his agent, representative or attorney. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: -2- a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. 5. If you do not have possession, custody or control of a document requested, but know who does have possession, custody or control, you are required to identify the document and the person who has possession, custody or control in the manner requested in subparagraph 4 above. -3- REQUESTS FOR PRODUCTION 1. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed, or summary of recorded statements or other documents of any witness, pertaining to the accident of August 7, 2000. 2. The entire contents of any insurance investigation file or files and any other documentary material in your possession concerning this accident (excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense or respecting strategy or tactics and privileged communications from and to counsel). 3. All documents, correspondence, photographs of the accident scene (debris, skid marks or other physical conditions and circumstances relating to the accident in question) or other drawings, sketches, diagrams, schematic, blue prints, written estimates or engineering drawings of or relating to the scene of the accident in question or writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 4. All documents which you will use or rely upon to support your defense in the instant litigation. 5. All statements within the meaning of Pa. R.C.P. 4003.4 in your possession or your attorneys previously made by parties and/or witnesses concerning this accident. -4- 6. Any and all written statements given or made by all witnesses to the occurrence, all persons with knowledge of the occurrence and any person with knowledge of the facts surrounding the occurrence, including any statements from the parties herein, or their respective agents, servants or employees, as defined by Pa. R.C.P. 4003.4. 7. Any and all documents containing the names, home and business addresses of all individuals contacted as potential witnesses. 8. Copies of all expert reports and their curriculum vitaes, secured by you in connection with your investigation of the matters relating to this lawsuit. 9. Copies of all exhibits which you intend to offer into evidence at the trial of this matter. 10. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation or your attorney's investigation into the accident. (You need not supply any attorney's work product or other material, which is specifically accepted as privileged by the above Rule.) 11. Copies of the declaration sheets for each and every policy insuring you against the claims made in the instant action. - 5 - 12. Any and all documents which evidence any facts on the basis of which you will assert a defense against a cause of action stated in the complaint. 13. Any and all documents referred to, relating, to or pertaining to any answer to any Interrogatory. 14. Any and all documents containing information relating to any answer to any Interrogatory. 15. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. 16. Any and all investigation reports, except those protected from discover, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 17. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 18. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 19. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concerning the case, investigation or review of the Plaintiffs and his case. 20. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of -6- litigation by your representatives to the extent that they would disclose the representatives' mental impressions, conclusions or opinions respecting the value or merit of the claim or defense. 21. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements, signed or otherwise adopted or approved by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa. R.C.P. 4003.5. 22. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. RHOADS & SINON LLP By: avid B. Dowling James E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -7- CERTIFICATE OF SERVICE I hereby certify that on this ay of July, 2002, a true and correct copy of the foregoing "Plaintiffs Request for Production of Documents Directed to Defendant- Set P" was served by means of United States mail, first class, postage prepaid, upon the following: Barry T. Glover 1323 Albany Road Harrisburg, Pennsylvania 17112 -8- David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT - SET I TO: Barry T. Glover 1323 Albany Road Harrisburg, Pennsylvania 17112 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rule of Civil Procedure No. 4001, et seq. to serve upon the undersigned a copy of your answers and objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. 435902.1 -1- ORIGINAL These Interrogatories shall be deemed to be continuing Interrogatories. If between the time of filing your answers and the time of trial of this matter, your, or anyone acting on your behalf, learn of any further information not contained in your answers, or if you learn that any information set forth in your answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and -2- (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint. "Person" means a natural person, partnership, association, corporation, or government agency. INSTRUCTIONS The following instructions are applicable to these standard interrogatories: -3- (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them; In your answers, you must famish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. -4- GENERAL 1. Insurance (D.C.S.I. 102). -- If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. -5- 2. Factual basis for claims and defenses (D.C.S.I. No. 104). -- State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: -6- 3. Witnesses (D.C.S.I. No. 105) -- (a) Identify each person who: (1) was a witness to the incident through sight or hearing and/or (2) has knowledge of acts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: -7- 4. Statements (D.C.S.I. No. 106) -- If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: -8- 5. Reports of incident (D.C.S.I. No. 107). -- Identify documents (except reports of experts subject to Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof. ANSWER: -9- 6. Licensure (D.C.S.I. No. 108) -- If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the incident, state: (a) The type of license required; (b) The date you first obtained such a license; (c) The dates of issuance and expiration of your current license(s); (d) The identity of the authority that issued your license(s); (e) The number of your license(s); (f) The nature and duration of any revocation or suspension of your license(s); and (g) The special restrictions, if any, imposed on your license. ANSWER: -10- 7. Demonstrative evidence (D.C.S.I. No. 110) -- If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: -11- 8. Trial preparation material (D.C.S.I. No. 111) -- If you or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify; (a) Each person, and the employer of each person, who conducted any investigation(s); and (b) All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: -12- 9. Trial witnesses (D.C.S.I. No. 112) -- Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: -13- 10. Expert Witnesses (D.C.S.I. No. 113) -- Identify each expert you intend to call as a witness at the trial of this matter, and for each expert, state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: -14- 11. Trial exhibits (D.C.S.I. No. 114) -- Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: -15- 12. Books, magazines, etc. (D.C.S.I. No. 115) -- If you intend to use any book, magazine, or other such writing at trial, state: (a) The name of the writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication of the writing; and (e) The identity of the custodian of the writing. ANSWER: -16- 13. Admissions (D.C.S.I. No. 116) -- If you intend to use any admission(s) of a party at trial, identify such admission(s). ANSWER: -17- PERSONAL INJURY 14. Earnings before the incident (D.C.S.I. No. 204) -- For the period of three years immediately preceding the date of the incident, state: (a) The name and address of each of your employers or, if you were self- employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self- employment; and (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year. ANSWER: 18- 15. Earnings after the incident (D.C.S.I. No. 205) -- If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The name and address of each of your employers or, if you were self- employed anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self- employment; (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). ANSWER: -19- 16. Substance impairment (D.C.S.I. No. 207) -- If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: (a) The nature, amount, and type of item consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: -20- 17. Physical or mental disability (D.C.S.I. No. 208) -- If you were under any physical or mental disability at the time of the incident, explain the disability. ANSWER: -21- MOTOR VEHICLE ACCIDENTS 18. Motor vehicle information (D.C.S.I. No. 301) -- With respect to all motor vehicles involved in the incident, state: (a) The identities of the owner(s) and operator(s) of each vehicle; (b) The identity of the passenger(s) in each vehicle, if any; and (c) The make, model, and year of each vehicle. ANSWER: -22- 19. Motor vehicle damage (D.C.S.I. No. 302). -- With respect to any vehicle you owned that was involved in the incident, state: (a) The nature of any damage existing prior to the incident; (b) The identity of any person who performed repairs to the vehicle following the incident; (c) The total amount of the repair bill(s), or if not yet repaired, the total estimated cost of repairing the vehicle or the estimated value of the damages to the vehicle (include the identity of the person furnishing any such estimate); (d) The date and place of last state inspection prior to the incident and identify the person making said inspection; and (e) The nature of any defect in or problem with the vehicle and the length of time such defect or problem existed. ANSWER: 23- 20. Motor vehicle operation (D.C.S.I. No. 303) -- With respect to the vehicle you operated or in which you were a passenger, state: (a) The destination and the point and time of departure of the vehicle; (b) The purpose of the trip or journey in the vehicle; (c) The time and place of all stops and departures between the commencement of the trip or journey and the time of the incident; (d) Whether the operator of the vehicle was familiar with the surrounding area of the incident; and (e) The weather conditions at the time of the incident, including visibility and roadway conditions. ANSWER: -24- State . detail the manner in , direction and location of 21 Motor vehicle accident causation S.I. No 304) after the collision. specifying the speed, position which you assert that the incident occurre > f and immediately each vehicle involved during its approach to, at the time o , ANSWER: RHOADS & SINON LLP By: avid B. Dowling James E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -25- CERTIFIC TE OF SERVICE I hereby certify that on this ay of July, 2002, a true and correct copy of the foregoing "Plaintiff's Interrogatories Directed to Defendant - Set P" was served by means of United States mail, first class, postage prepaid, upon the following: Barry T. Glover 1323 Albany Road Harrisburg, Pennsylvania 17112 Chandler -26- i o ?$ ?? s- ?nr zo 3?1r330 S13312l3NS 1NnOo mwdn i© c t.; 3Yt3 r,,; David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: The Prothonotary Kindly reinstate the Complaint in this action which was originally filed on July 3, 2002. Respectfully Submitted, RHOADS & SINON LLP ORIGINAL Dated: November 5, 2002 By: es E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attomeys for Plaintiff 450201.1 ti, 10) P-1 ta David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED NOTICE OF SERVICE TO: DAUPHIN COUNTY PROTHONOTARY Please take Notice that Plaintiff Danette Resciniti's Answers and Objections to Defendants' Edwin L. Glasser, and Duron, Inc., d/b/a Duron Paint and Wallcoverings, Inc. Interrogatories were served upon Defendant's Attorney, Rolf E. Kroll, Esquire in this matter on December 3, 2002 by United States Mail. Respectfully submitted, RHOADS & SINON LLP By: vid B. Dowling James E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 453040.1 CERTIFICATE OF SERVICE I hereby certify that on December 3, 2002, a true and correct copy of the foregoing Notice of Service was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Susan . Chandler .? ? ? ?r : rn; ;, ?.? ??' -? ==; ;? David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED NOTICE OF SERVICE TO: DAUPHIN COUNTY PROTHONOTARY Please take Notice that Plaintiff Alicia Resciniti's Answers and Objections to Defendants' Edwin L. Glasser, and Duron, Inc., d/b/a Duron Paint and Wallcoverings, Inc. Request for Production of Documents were served upon Defendant's Attorney, Rolf E. Kroll, Esquire in this matter on December 3, 2002 by United States Mail. Respectfully submitted, RHOADS & SINON LLP By: ?, avid B. Dowling James E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 453040.4 CERTIFICATE OF SERVICE. I hereby certify that on December 3, 2002, a true and correct copy of the foregoing Notice of Service was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 t Susan B. Chandler G ? {'`-J r? i ?, -L3 L3 ? -.?' =-. 1 J 4 U! /... ?? -ri "- ?1 1 `"j5 1 -,C l7 David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED NOTICE OF SERVICE TO: DAUPHIN COUNTY PROTHONOTARY Please take Notice that Plaintiff Alicia Resciniti's Answers and Objections to Defendants' Edwin L. Glasser, and Duron, Inc., d/b/a Duron Paint and Wallcoverings, Inc. Interrogatories were served upon Defendant's Attorney, Rolf E. Kroll, Esquire in this matter on December 3, 2002 by United States Mail. Respectfully submitted, RHOADS & SINON LLP By: *avidBowling James E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 453040.3 CERTIFICATE OF SERVICE I hereby certify that on December 3, 2002, a true and correct copy of the foregoing Notice of Service was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 L Susan B. Chandler CZ S v R C David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff's DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED NOTICE OF SERVICE TO: DAUPHIN COUNTY PROTHONOTARY Please take Notice that Plaintiff Danette Resciniti's Answers and Objections to Defendants' Edwin L. Glasser, and Duron, Inc., d/b/a Duron Paint and Wallcove:rings, Inc. Request for Production of Documents were served upon Defendant's Attorney, Rolf E. Kroll, Esquire in this matter on December 3, 2002 by United States Mail. Respectfully submitted, RHOADS & SINON LLP By: avid B. Dowling James E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys fbr Plaintiffs 453040.2 CERTIFICATE OF SERVICE I hereby certify that on December 3, 2002, a true and correct copy of the foregoing Notice of Service was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg Susan B. Chandler "L? l'Z7 t''l !Tlt,'. C7 .. :c_'. F- -C/) -n David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: The Prothonotary Kindly reinstate the Complaint in this action against Barry T. Glover, which was originally filed on July 3, 2002. Respectfully Submitted, RHOADS & SINON LLP Dated: December 17, 2002 By: c ?`'` -? an!,-E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 450201.2 CERTIFICATE OF SERVICE I hereby certify that on this 17a' day of December, 2.002, a true and correct copy of the foregoing Traecipe to Reinstate Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 24111? Susan B. Chandler C". Fri David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ]LAW NO. 02-3172 CIVIL : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: The Prothonotary Kindly reinstate the Complaint in this action against Barry T. Glover, which was originally filed on July 3, 2002. Respectfully Submitted, RHOADS & SINON LLP By: OON- AMC-=> times E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Dated: December 17, 2002 450201.2 CERTIFICATE OF SERVICE I hereby certify that on this I1d' day of December, 2002, a true and correct copy of the foregoing "Praecipe to Reinstate Complaint' 'was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 r Susan B. Chandler David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 James J. Jarecki, Esquire Attorney I.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINTTI Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : JURY TRIAL DEMANDED PLAINTIFFS MOTION FOR SERVICE OF PROCESS BY PUBLICATION OF DEFENDANT BARRY T. GLOVER AND NOW Plaintiffs, Danette and Alicia Resciniti, by and through their attorneys, Rhoads & Sinon LLP, pursuant to Pa.R.C.P. 430(a), file the following Motion for Service of Process by Publication of Defendant Barry T. Glover. 1. On July 3, 2002, Plaintiff filed a Complaint in the above-captioned matter stemming from an automobile accident that occurred on August 7, 2000 involving the above- named parties. (A copy of the Complaint is attached hereto as Exhibit "A"). 2. On July 15, 2002, the Sheriff of Dauphin County returned service of process to Plaintiffs because the Sheriff was unable to locate Defendant Barry T. Glover. (A Copy of the Sheriff's Return of Service is attached hereto as Exhibit "B'). 460564.1 3. On September 6, 2002, the Sheriff of Cumberland County returned service of process to Plaintiffs because the Sheriff was unable to locate Defendant Barry T. Glover. (A copy of the Sheriff's Return of Service is attached hereto as Exhibit "C"). 4. On November 6, 2002, Plaintiff filed a Praecipe with the Prothonotary of Cumberland County to reinstate the Complaint against all Defendants in this matter. (A copy of the Praecipe to Reinstate is attached hereto as Exhibit "D") 5. On December 19, 2002, Plaintiff filed a Praecipe with the Prothonotary of Cumberland County to reinstate the Complaint against Defendant Barry T. Glover in this matter. (A copy of the Praecipe to Reinstate is attached hereto as Exhibit "E"). 6. Pursuant to Pa.R.C.P. 430(a), when a party cannot make service of process under the applicable rules, the plaintiff may move for a special order directing the method of service. 7. Under Pa.R.C.P. 430(a), Plaintiffs have made a good faith effort to locate the whereabouts of Barry T. Glover. (See Affidavit of Kathy B Bock, attached hereto as Exhibit "F" 8. To date, despite plaintiffs good faith efforts, Plaintiffs have been unable to discover the whereabouts of Defendant Bang T. Glover. 9. Respectfully, under Pa.R.C.P. 430, Plaintiffs requests this honorable Court grants a special Order permitting service of process of Defendant Barry T. Glover by publication. WHEREFORE, Plaintiffs respectfully request their Motion for Service of Process via Publication by GRANTED. -2- Respectfully submitted, RHOADS & SINON LLP By: D vid B. Dow ire ames E. Ellison, Esquire James J. Jarecki, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -3- David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D.14o. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 'PENNSYLVANIA Plaintiffs CIVIL ACTION LAW V. : NO. as - s BARRY T. GLOVER, EDWIN L- GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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. entered You are warned that if you fail to do so the case may proceed without you and a judgment may 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 YOU CANNOT WAFFORD HERE YOU,CAGO TO O N GETLEGAL HELPS THE OFFICE SET FORTH BELOW TO FIND OUT CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Toll Free 800-990-9108 4. Defendant, Edwin L. Glasser is an adult individual who resides at 3702 North 3`d Street, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc., is a Maryland corporation doing business in Pennsylvania with a principle place of business at 1905 State Street, Camp Hill, Cumberland County, Pennsylvania 17011 and a registered agent care of CT Corporation System, 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania 19103. FACTUAL BACKGROUND 6. On August 7, 2000 at or about 1:20 p.m., Plaintiff Danette Resciniti was lawfully proceeding eastbound on Market Street in Camp Hill, Pennsylvania while driving a Plymouth Neon owned by her parents, John D. Resciniti and Laura A. Resciniti. The vehicle was insured under a policy of insurance providing full tort coverage. 7. Plaintiff Danette Resciniti was accompanied by her sister, Plaintiff Alicia Resciniti, who was riding in the rear passenger seat of the vehicle. 8. On or about the aforesaid time and place, Defendant Barry T. Glover (hereinafter "Glover") was also traveling eastbound on Market Street in a 1987 Ford F 150 owned by Luther A. Rice. 9. Similarly, on or about the aforesaid time and place, Defendant Edwin Glasser (hereinafter "Glasser") was also traveling eastbound on Market Street in a 1998 Freightliner truck leased and insured by Duron, Inc. and/or Duron Paint and Wallcoverings, Inc. 10. As Plaintiffs approached the intersection of Market Street and 27`h Street, Plaintiff Danette Resciniti slowed their vehicle to a complete stop for preceding traffic. At the time, there -2- were two vehicles directly in front of Plaintiffs' vehicle, one of which was making a right hand turn. 11. As Defendants Glover and Glasser were proceeding eastbound on Market Street and approaching the intersection of Market Street and 27t' Street, Plaintiffs' vehicle was stationary and Plaintiffs were awaiting preceding traffic to begin moving again. 12. Despite the fact that Plaintiffs were stopped and their vehicle brake lights were fully operational, Defendant Glover failed to slow his vehicle to a stop. Consequently, he crashed into the rear of Plaintiffs' vehicle. 13. Following the impact, Plaintiff Danette Resciniti put her vehicle gear into park and attempted to exit the vehicle. 14. Before Plaintiff Danette Resciniti could exit the vehicle, Defendant Glasser, who also failed to slow his vehicle to a stop, crashed into the rear of Defendant Glover's vehicle, thereby causing it to impact Plaintiffs' vehicle a second time. 15. As a direct and proximate cause of the aforesaid collision, Plaintiffs suffered physical and personal injuries, as set forth herein. COUNTI NEGLIGENCE Danette Resciniti v. Barry T. Glover 16. Paragraphs 1 through 15 are incorporated herein by reference. IT As a result of the aforesaid collision, Plaintiff Danette Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 18. Plaintiff Danette Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glover, which consists of the following: a. driving too fast for the conditions then existing; -3- b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); L operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. 19. As a- direct and proximate result of the conduct of Defendant Glover, Plaintiff Danette Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 20. As a direct and proximate result of her injuries, Plaintiff Danette Resciniti had to endure fifteen (15) chiropractic sessions. s -4- 21. For months following the accident, Plaintiff Danette Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 22. As a direct and proximate result of the injuries described, Plaintiff Danette Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Danette Resciniti demands judgment against Defendant Barry Glover in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT II NEGLIGENCE Danette Resciniti v. Edwin L. Glasser 23. Paragraphs 1 through 22 are incorporated herein by reference. 24. As a result of the aforesaid collision, Plaintiff Danette Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 25. Plaintiff Danette Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glasser, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; C. failure to keep a proper lookout ahead.; -5- f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); u. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. 26. As a direct and proximate result of the conduct of Defendant Glasser, Plaintiff Danette Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 27. As a direct and proximate result of her injuries, Plaintiff Danette Resciniti had to endure fifteen (15) chiropractic sessions. 28. For months following the accident, Plaintiff Danette Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. -6- 29. As a direct and proximate result of the injuries described, Plaintiff Danette Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Danette Resciniti demands judgment against Defendant Edwin L. Glasser in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT III RESPONDEAT SUPERIOR LIABILITY Danette Resciniti v. Duron, Inc. d/b/a Duron Paints and Walkoverings, Inc. 30. The averments of paragraphs' 1 through 29 are incorporated herein by reference. 31. At all relevant times, Defendant Glasser was the employee of Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. and was operating within the scope and course of his employment at the time of the accident described herein. 32. Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as the employer of Defendant Glasser, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of his employment. Accordingly, a claim is made against Defendant Duron, Inc, d/b/a Duron Paints and Wallcoverings, Inc. pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Danette Resciniti, demands judgment against Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs and all other damages allowed by law. -7- COUNT IV NEGLIGENCE Alicia Resciniti v. Barry T. Glover 33. Paragraphs 1 through 32 are incorporated herein by reference. 34. As a result of the aforesaid collision, Plaintiff Alicia Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 35. Plaintiff Alicia Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glover, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; f. violating the assured clear distance rule; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); L operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; J. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in. such a manner as to avoid causing the collision; and 1. failure to notice and observe Plaintiffs' vehicle such that the could have brought his vehicle to an immediate stop prior to impact. -8- 36. As a direct and proximate result of the conduct of Defendant Glover, Plaintiff Alicia Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 37. As a direct and proximate result of her injuries, Plaintiff Alicia Resciniti had to endure twenty-six (26) chiropractic sessions, which included ultrasound therapy. 38. For months following the accident, Plaintiff Alicia Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 39. As a direct and proximate result of the injuries described, Plaintiff Alicia Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Alicia Resciniti demands judgment against Defendant Barry Glover in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. -9- COUNT V NEGLIGENCE Alicia Resciniti v. Edwin L. Glasser 40. Paragraphs 1 through 39 are incorporated herein by reference. 41. As a result of the aforesaid collision, Plaintiff Alicia Resciniti has suffered personal and physical injuries, which injuries are set forth below with particularity. 42. Plaintiff Alicia Resciniti's injuries were caused by the negligence, careless and reckless actions of Defendant Glasser, which consists of the following: a. driving too fast for the conditions then existing; b. following Plaintiffs' vehicle too closely; C. failure to keep his vehicle under proper and adequate control; d. failure to drive in such a manner that his vehicle could be brought to a stop immediately at the first sign of danger; e. failure to keep a proper lookout ahead; f. violating the assured clear distance rile; g. operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); h. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); i. operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; j. operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361; k. failure to operate a motor vehicle in such a manner as to avoid causing the collision; and c. failure to notice and observe Plaintiffs' vehicle such that he could have brought his vehicle to an immediate stop prior to impact. -10- 43. As a direct and proximate result of the conduct of Defendant Glasser, Plaintiff Alicia Resciniti has suffered injuries as set forth below: a. muscle spasms in her back and neck.; b. neck and upper back strain and sprain; C. mid-back strain; and d. tension injury to her lower back. 44. As a direct and proximate result of her injuries, Plaintiff Alicia Resciniti had to endure twenty-six (26) chiropractic sessions, which included ultrasound therapy. 45. For months following the accident, Plaintiff Alicia Resciniti suffered pain and discomfort as a result of her injuries, was required to seek medical attention and chiropractic care, and incurred medical and other expenses, all to her detriment and loss which are claimed as damages. 46. As a direct and proximate result of the injuries described, Plaintiff Alicia Resciniti has been unable to enjoy the usual activities of life of a physical, active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. WHEREFORE, Plaintiff Alicia Resciniti demands judgment against Defendant Edwin L. Glasser in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa.R.Civ. P. 1021(c), together with interest, cost of suit and delay damages if applicable. COUNT VI RESPONDEAT SUPERIOR LIABILITY Alicia Resciniti v. Duron, Inc. d/b/a Duron Paints and Wallcoverings, Inc. 47. The averments of paragraphs 1 through 46 are incorporated herein by reference. -11- 48. At all relevant times, Defendant Glasser was the employee of Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. and was operating within the scope and course of his employment at the time of the accident described herein. 49. Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. as the employer of Defendant Glasser, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of his employment. Accordingly, a claim is made against Defendant Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Alicia Resciniti, demands judgment against Defendant, Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. in an amount, which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs and all other damages allowed by law. Respectfully submitted, RHOADS & SINON LLP By: avid B. Dowling, ?Esquiire? James E. Ellison, Esquire One South Market Square P. 0. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -12- I 08/21/02 FKI 09:29 FAX 717 231 6637+ kHOADS SiNON LLP Z014 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complanit and, to the extent that the Complaint is based on information which I have given to my counsel . it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subj -ct to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dated: 042 710 a Alicia Resciniti -14- uu/ztiuz PK1 UU:Zb 1,AX ill 231 6637+ RHOADS S1NON LLP VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to mr r counsel and information which has been gathered by my counsel in preparation of my laws .lit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that th -. content of the Complaint is that of counsel, I have relied upon counsel in making this Verifi.;ation. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dated: anette Resciniti Q013 -13- 1JiLQ Of t4r p`4Pxii f J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff RESCINITTI DANETTE Commonwealth of Pennsylvania vs County of Dauphin GLASSER EDWIN L Sheriff's Return No. 1668-T - - -2002 OTHER COUNTY NO. 02-3172 Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for GLOVER BARRY T the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 15, 2002 NEED A BETTER ADDRESS, DEFENDANT MOVED TO NEW JERSEY NOVEMBER OF 2001, PER TENANT. Sworn and subscribed to before me this 15TH day of JULY, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $36.50 PD 07/10/2002 RCPT NO 166490 SHEklr'r's x?1uxN - uul Ur ?-vuLVlIL CASE NO: 2002-03172 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESCINITI DANETTE ET AL VS GLOVER BARRY T ET AL 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 GLOVER BARRY T but was unable to locate Him deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On September 6th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 36.50 nn / J • J v 09/06/2002 RHOADS & SINON Sworn and subscribed to before me this day of A. D. to wit: in his bailiwick. He therefore !oanswe R. Thomas Klin Sheriff of Cumberland County Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Danette Resciniti et al vs. Barry T. Glover et al SERVE: Barry T. Glover No 02 3172 civil Now, July 3, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the the contents thereof. David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: The Prothonotary Kindly reinstate the Complaint in this action which was originally filed on July 3, 2002. Respectfully Submitted, Dated: November 5, 2002 RHOADS & SINON LLP 0100 By: ee "s E. Ellison One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 450201.1 David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants C : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW :.NO. 02-3172 CIVIL JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: The Prothonotary Kindly reinstate the Complaint in this action against Barry T. Glover, which was originally filed on July 3, 2002. Respectfully Submitted, RHOADS & SINON LLP Dated: December 17, 2002 By: ames E. Ellison One South Markel Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 450201.2 David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION LAW NO. 02-3172 CIVIL BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : JURY TRIAL DEMANDED AFFIDAVIT I, Kathy B. Bock, being duly sworn according to law, depose and say that, on personal knowledge of the relevant facts as set forth herein, the following facts are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties under Pennsylvania law relating to unsworn falsifications to authorities. 1. I serve as a paralegal for Rhoads & Sinon LLP, One South Market Square, Harrisburg, Pennsylvania. 2. I have conducted the following investigations in an effort to locate the whereabouts of Defendant Barry T. Glover: a. Inquiry of Lower Paxton Township Post Office for information on last known address of 1323 Albany Road, Harrisburg, PA. The result of this search was, "Moved. No forwarding address." b. Lexis-Nexis "People Search" for Barry T. Glover in Pennsylvania and New Jersey. The results are: "None Found." c. Westlaw search for Barry T. Glover. The results are: "Not found." d. 411 Search. The results are "None Found." e. General Internet Search. The results are "None Found." f. Dauphin County Voter Registration Records. The results indicate that Barry T. Glover is not registered. g. Dauphin County Tax Records. The results are "Not Registered." h. Harrisburg Local Telephone Directory. Barry T. Glover is not listed in the phone directory. 1. Search with the Pennsylvania Department of Transportation. The Results indicate that the Pennsylvania Department of Transportation does not have a forwarding address for Defendant Barry T. Glover (attached hereto as Exhibit " 1 "). Sworn to and subscribed 0-C . before me this 1st da Y KI o Apri1,2.003. athy OCk NOTARIAL SEAL CYNTHIA L. ZUCARO, Notary PubGo CIty d Harrisburg, Dauph?n County M tyommission Ex -res a 15, M COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 03/18/03 JAMES E ELLISON ESQUIRE 030518710001827 001 1 S MARKET SQUARE 12TH FLOOR HARRISBURG PA 17101 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PAGE 1 BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY MAR 18 2003 DRIVER: BARRY TODD GLOVER DRIVER LICENSE NO : 20360619 1323 ALBANY RD DATE OF BIRTH : JUL 04 1963 HARRISBURG, PA 17112 SEX : MALE RECORD TYPE : REG LIC/ID DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: FEB 15 2002 LICENSE EXPIRES : JUL 31 2003 ORIG ISSUE DATE : MAY 01 1980 MED RESTRICTIONS : NONE LEARNER PERMITS LICENSE STATUS SUSPENDED COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS: CDL LICENSE STATUS : SUSPENDED SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIO ISS: PL LICENSE ISSUED PL LICENSE EXPIRES : PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** CERTIFIED DRIVING HISTORY - MAR 18 2003 - LICENSE NUMBER 20360619E CONTINUED -----------------REPORT-OF-VIOLATIONS-AND-DEPARTMENTAL-ACTIONS---- VIOLATION DATE: OCT 29 1983 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 039 IN CONVICTION DATE: NOV 16H1983A 025 MPH ZONE ACTION: ASSIGNED POINTS VIOLATION DATE: MAR 29 1997 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: AUG 21 1997 ACTION: SUSP DRVR LIC COMPACT FOR 1 YEAR(S) EFFECTIVE OCT 20 1997 OFFICIAL NOTICE MAILED SEP 15 1997 ACTION: RESTORATION OF OPERATING PRIVILEGES OCT 20 1998 VIOLATION DATE: FEB 09 2002 VIOLATION: VEHICLE CODE: 1533A DESCRIPTION: FAILURE TO RESPOND ACTION: SUSPENSION EFFECTIVE MAY 10 2002 OFFICIAL NOTICE MAILED APR 19 2002 COURT INFO: 12201 CITATION NO: A76424471 PHONE NO: (717)558-1160 POLICE PICKUP ISSUED JUL 05 2002 *** CONTINUED *** CERTIFIED DRIVING HISTORY - MAR 18 2003 - LICENSE NUMBER 20360619E CONTINUED ------------------REPORT-OF-MEDICALS-AND-DEPARTMENTAL-ACTIONS-- --------------- ---------------- NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD ------------------------------------------------------------------------------- --- - - - - - - - - - - - - - REPORT-OF=ACCIDENTS-AND-DEPARTMENTAL-ACTIONS - --------------------- MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: LOCATION: VEHICLE TYPE: ACCIDENT DATE: LOCATION: VEHICLE TYPE: ACCIDENT DATE: LOCATION: VEHICLE TYPE: MAY 30 1986 MIFFLIN COUNTY PASSENGER JUL 01 1993 DAUPHIN COUNTY TRUCK AUG 07 2000 CUMBERLAND CTY TRUCK *** END OF RECORD *** CERTIFIED DRIVING HISTORY - MAR 18 2003 - LICENSE NUMBER 20360619E CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, DIRECTOR, BUREAU OF DRIVER LICENSING SEAL, FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:MAR 18 2003 I HEREBY CERTIFY THAT REBECCA L. BICRLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, SECRETARY OF TRANSPORTATION SEAL CERTIFICATE OF SERVICE I hereby certify that on this 4th day of April, 2003, a true and correct copy of the foregoing "Motion for Service of Process via Publication" was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 (Attorney for Defendants Edwin L. Glasser and Duron, Inc.) Susan B. Chandler 4 r -'3 ' 1 ti // r-n APR 0 8 2003 David B. Dowling, Esquire Attorney I.D. No.: 25452 James E. Ellison, Esquire Attorney I.D. No. 85713 James J. Jarecki, Esquire Attorney I.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs DANETTE RESCINITI and ALICIA RESCINITI V. Plaintiffs BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3172 CIVIL JURY TRIAL DEMANDED ORDER AND NOW, on this date, , 2.003, upon consideration of Plaintiffs Mot' nd here y Plaintiffs Mo 'on forServi111 process via PublicH?tion, o ? ?p d lO? i C" z Q 7 d?? L l l ? C Nj_?J e- -, _ U Cj2_iC-1 0 1 t? rz??c?G G ?7e t)> z? ? ALL t? Z 1/1 GvS to Cc> QV C, 03 CANTED. f i 460564.1 ?T= G;i ?_,.,,,? ? c _, _ _ -- _ ?: =?i -„^ u '. :-, t !?3 -' - _ tl fL ?.J G.?'? DANETTE RESCINITI and IN THE COURT OF COMMON PLEAS OF ALICIA RESCINITI CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION LAW V. NO. 02-3172 CIVIL BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants : JURY TRIAL DEMANDED PROOF OF SERVICE I, James J. Jarecki, of the law firm of Rhoads & Sinon LLP, hereby certify that, pursuant to the April 11, 2003 Order of The Honorable J. Wesley Oler, Jr., service of process via publication was made upon Defendant Barry T. Glover, as evidenced by copies of the Proofs of Publication in the following publications: Cumberland County Law Journal (Exhibit "A"); The Patriot News (Exhibit `B"); Hershey Chronicle (Exhibit "C"); The Sentinel, Carlisle, PA (Exhibit "D") and The News-Chronicle (Exhibit "E"). RHOADS & SINON LLP By ? Ravid 13{D Ii g, Esquire D. No. 23452 James E. Ellison, Esquire Attorney I.D. No. 85713 James J. Jarecki, Esquire Attorney I.D. No. 89580 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Dated: June 19, 2003 474160.1 EXHIBIT "A" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, MAY 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are isa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 1.013 E. SHY 0wtsfe lkm. W Corte CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action Law No. 02-3172 Civil DANETTE RESCINITI and ALICIA RESCINITI Plaintiffs V. BARRY T. GLOVER, EDWIN L. GLASSER, and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC. Defendants JURY TRIAL. DEMANDED ORDER AND NOW, on this date. April 11, 2003, upon consideration of Plain- tiffs' Motion for Service of Process via Publication, Plaintiffs' Motion is hereby GRANTED. /s/J. Wesley, Oler, Jr., J. NOTICE PURSUANT TO Pa. R.Civ.P. 430(b)(1) Danette Resciniti and Alicia Res- ciniti v. Barry T. Glover, Edwin L. Glasser and Duran, Inc., d/b/a Duron Paints and Wallcoverings, Inc. (Court of Common Pleas, Cumber- land Co., No. 02-3172.) This case arises from a motor vehicle accident that occurred on August 7, 2000 on Market Street in Camp Hill, Pennsylvania. To: Barry T. Glover: If you wish to defend, you must enter a written appearance person- alty or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights !mporant to you. YOU SHOULD TAKE THIS NO- TICE 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 COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Toll Free (800) 990-9108 DAVID B. DOWLING, ESQUIRE Attorney I.D. No.: 25452 JAMES E. ELLISON, ESQUIRE Attorney I.D. No. 85713 JAMES J. JARECKI, ESQUIRE Attorney I.D. No. 89580 RHOADS & SINON LLP Attorneys for Plaintiffs One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 May 9 NOTICE EXHIBIT "B" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of April 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY NOTICE b)()) Pa.R CIY P.430( D DoneRe Resatnit and Alicia Resclnitl v. Barry T. Glover, Edwin L. Glasser and Duran, Inc., d/b/a Duran Paints and Wallcoverlnos, Inc. (Court of Common Pleas, Cumberland Co., No. 02-3172. This case arlses Nom a motor vehicle accldent that occurred on August 7, 2000 on Market Street In Cama Hill, PennsYl- vania. To sorry T. Glover NOT ICE enterawrl"In appearance Personally or by Ol i our defenses or ablections In writing with the court You are vmrinedthal Ifyoulailtodo" the ?;S? may proceed without YOU and 0 IUCN` ment May be entered against your withOul ................(.. ........... Sworn to and su c ed before me this 30th day of,April 200)3 A.D. Notanal Seal i Terry I. Russell, Notary Public DIHanisburg,CauphinCoLIny Gty sion Expires June 6, 2006 NOT Y PUBLIC My Commis . PennsyNanla ASSocia0on Ol NOtanes imber. My commission expires June 6, 2006 RHOADS & SINON, LLP ATTN: JUDI L. KRAPE P.O. BOX 1146 HARRISBURG, PA. 17108 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 129.08 Probating same Notary Fee(s) $ 1.75 Total $ 130.83 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... EXHIBIT "C" Proof of Publication of Notice in the Hershey Chronicle Hershey, Pa./Journal Register Company (Under Act. No. 587 Approved May 16, 1929) State of Pennsylvania County of Dauphin Edward S. Condra, Publisher of the Hershey Chronicle, of the County and State aforesaid, being duty sworn, deposes and says that the Hershey Chronicle, a periodical published in Hershey, County and State aforesaid, was established in 1984, since which date the Hershey Chronicle has been regularly issued in said County, and that printed notice of publication attached here is exactly the same as was printed and published in the regular editions and issues of the Hershey Chronicle on the following dates, viz., Affiant further deposes that he is Publisher of the Hershey Chronicle, a periodical of general circulation, to verify that foregoing statement under oath, and that neither the affiant nor Hershey Chronicle is interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in t oing statement as to true. ?? time, place and character of publication are Ih.A "v?L?430(C7?L11 / nUG ?d04 C '(P?0nt vitiBarry ?10 SX%Y%GO NOt d nlnc. SN?9 N°?oJ?P P lints Inc Y NG ?PYVy 9:?bLEEommon °. wJB. t _..OP cF??'Co., ONp'W??'Vr'- ved 410 r 11, G JMeEP\.P, cE GGEPA ??0"5 P- g PE G9yype??99p.9 ja\Fcee Sworn to before me A. Coble, Notary Public vp., Dauphin County nn Fxnires Beat. 20. 2004 Statement of Advertising Costs: '5 Publishing Notice Affidavit 1:500 To Hershey Chronicle, Dr. ,7V 1 For publishing the notice of publication here to on the above stated dates $ Probating same Publisher's Receipt for Advertising Costs Hershey Chronicle, a weekly newspaper, hereby acknowledges receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Hershey Chronicle, By EXHIBIT "D" PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and Issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE PURSUANT TTf _Pp, R.CIv.P. 430(b)11 Danette ResciNt-1 and Alicia Hammitt v. Barry T. Glover, Edwin L. Glasser and Ddron, Inc., d/b/a Duron Paints and Wallcoverings, Inc. (Court of Common Pleas, Cumberland County, No. 02-3172). This case arises from a motor vehicle accident that occurred on August 7, 2000 on Market Street in Camp Hill, Pennsylvania. To: Barry T. Glover Notice If you wish to defend, you must enter a written appearance personally or by attorney and file your de- fenses or objections in writing with the court. You are warned that x you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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. 2003 Aff !ant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. April 30, 2003 Sworn to and subscribed before me this 30th day of April , 2003. Notary Public My commission expires: NOTARIAL SEAL SN CarlisleIRLEY 0. DURNIN, Notary Publ c 9oro., Cumb9riend Canttyy Commission Expires Au . 9, 2003 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Toll Free 800-990-9108 EXHIBIT "E" Proof of Publication of Notice in The News-Chronicle COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA RHOADS & SINON LLP Andrew J. McMullin, being duly sworn according to law, deposes and says that he is the Editor of "The News- Chronicle," which is a weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by The News-Chronicle Company, a corporation duly organized and existing tinder the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania; that he is authorized to and does make this affidavit on its behalf; that the printed notice, advertisement of publication attached hereto is the same as was printed in the regular editions and issues of "The News-Chronicle" on the following dale(s) Ma Affiant further deposes that neither he nor "The News-Chronicle" and The News-Chronicle Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit are true and co Copy of Notice of Publication Danette Rescinit and Alicia Resciniti v. Barry T. Glover, Edwin L. Glasser and Duren, Inc., d/b/a Duren Paints and Wallcovenngs, Inc. (Court of Common Pleas, Cumberland Co., No. 02-3172. This case arises from a motor vehicle accident that occurred on August 7, 2000 on Market Street in Camp Hill, Pennsylvania. To: Barry T. Glover Sw . n and subscrib efore me this????' day of c aL(' e-_ Notanal Seal Kristen L. Staffer, Notary Public Bedford Boro. Bedford County My Commission Expirv+s Feb. 13, 2006 Member, Pennsylvania Assonatan Of Notaries Ntillfary Public To: "The News-Chronicle" Shippensburg, PA 17257 For publishing the notice attached hereto: On the stated date(s) .......$ 55 - 00 Affidavit .................$ 2.00 Notice If you wish to defend, you must enter a written appear- ance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Toll Free $00-990-9108 Adv. NC May 2 Total .....................$ 57.00 CERTIFICATE OF SERVICE I hereby certify that on this 19th day of June, 2003, a true and correct copy of the foregoing Proof of Service Upon Defendant Barry T. Glover was served by means of United States mail, first class, postage prepaid, upon the following: Rolf E. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 (Attorney for Defendants Edwin L. Glasser and Duron, Inc., d/b/a Duron Paints and Wallcoverings, Inc.) / i 1- C> f 1 GS ZC` +V ?? O ,K Cf " _`?,? fl grn N -? It DANETTE RESCINITI and IN THE COURT OF COMMON PLEAS ALICIA RESCINITI, CUMBERLAND COUNTY, PENNSYLANIA Plaintiffs vs. : NO. 02-3172 Civil BARRY T. GLOVER, EDWIN L. GLASSER and DURON, INC., d/b/a DURON PAINTS and WALLCOVERINGS, INC., JURY TRIAL DEMANDED Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Barry T. Glover, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Date: O Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this _e?day of February, 2004, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David B. Dowling, Esquire James E. Ellison, Esquire RHOADS & SINON, LLP One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Rolf E. Kroll, Esquire MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Andrew C. Lehman, Esquire 0 r ? frrr, rn ? t ?=' n O , c g G ? 1+ ? L n rn ? s N ? C+J Curtis R. Long Prothonotary Offire of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor w?- - CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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) 240-6195 • Fax (717) 240-6573